RFCs - insufficiently free?
[Posted July 16, 2003 by corbet]
Debian bug
92810
has the distinction of being one of the oldest release-critical bugs in the
entire distribution. It was first reported on April 3, 2001, and has
been the subject of occasional debate for over two years. Its resolution
at the end of June, 2003 has left few people happy. Bug 92810, it seems,
embodies an issue which remains unresolved in the free software community:
how documentation should be licensed.
The issue at hand is how the Internet Society Request For Comments (RFC)
documents are licensed. The RFCs are the core of the design of the
Internet; they are the standards the describe the protocols, formats,
algorithms, and conventions that make the net work. There are RFCs
covering everything from the basic network protocols (i.e. for IP and TCP), email headers (RFC 2822) and HTML
(RFC 1866) to
netiquette (RFC 1855), avian
datagram protocols (RFC 1149), and the
Y10K problem (RFC 2550). Without
the RFC series, the standards-based, interoperable Internet would not
exist.
For anybody implementing or otherwise working with a network protocol, the
relevant RFCs are required reading. So it is not surprising that a project
like Debian would package up the RFC collection and include it with its
distribution. The doc-rfc package is useful for Debian developers and its
presence would not be questioned, except for a bit of a licensing problem.
RFCs, it turns out, are required to carry a specific copyright notice (as
specified in RFC 2223) which
includes the following text:
This document and translations of it may be copied and furnished
to others, and derivative works that comment on or otherwise
explain it or assist in its implementation may be prepared, copied,
published and distributed, in whole or in part, without
restriction of any kind, provided that the above copyright notice
and this paragraph are included on all such copies and derivative
works. However, this document itself may not be modified in any
way, such as by removing the copyright notice or references to the
Internet Society or other Internet organizations, except as needed
for the purpose of developing Internet standards in which case the
procedures for copyrights defined in the Internet Standards
process must be followed, or as required to translate it into
languages other than English.
This license, of course, does not allow the free creation of derived
versions of the RFCs except in certain circumstances. That restriction
violates the Debian Free
Software Guidelines (DFSG). Most distributors would not be overly concerned
about this problem; the license does allow them to distribute the RFC
collection, after all. But the Debian Project takes its social contract
seriously, and that contract requires that the distribution be "100% free
software." Since the RFCs do not meet the DFSG (though there is not a
complete consensus on that point), they have been evicted from the Debian
distribution. Debian users wanting to install the doc-rfc package will
have to look for it in the non-free area.
To many, Debian's uncompromising stance on licensing seems like a pedantic
exercise carried out by people with nothing better to do with their time.
But Debian is serving an important role in the community by serving as its
conscience and early warning system. As recent events have shown,
licensing is important. Every set of bits comes with its own copyright and
its own restrictions. Failure to pay attention to those restrictions can
lead to unwanted contact with lawyers, and is best avoided. Debian's high
sensitivity to licensing problems brings those problems out into the open
before somebody gets burned, and often leads to licensing changes which
make the problems go away. Even when nothing changes, the Debian process
points out where the open issues are.
The open issue in this case is that there is still no consensus on what
free licensing means when applied to documentation. As a general rule,
those who write text tend to want to maintain more control over their works
than those to write code. Consider, for example, the Free Software
Foundation's Free
Documentation License, which includes a vast number of restrictions on
modification and redistribution. (Debian, incidentally, is the group that
has done the most to point out the non-free aspects of the FDL).
The Internet Society wants to retain enough control so that copies of a
particular standard (and that's what the RFCs are) reflect the
standard. A modified version of an RFC no longer reflects the standard, so
such modifications are not allowed. The motivation is understandable and
reasonable, but there is an important question which must be kept in mind.
What happens if, sometime in the future, the Internet Society is coopted
over to the Dark Side and starts moving the network standards in a
proprietary or repressive direction? With the current licensing, there is
no right to fork the RFCs and attempt to maintain a free, interoperable
net.
The RFC collection, thus, is truly not free. This result is almost
certainly not what the Internet Society had in mind when it adopted its
copyright notice, but that is the way it has turned out.
Five years or so ago, new software releases often were
accompanied by new, one-off licenses that, as often as not, turned out to
not be free. In more recent times, a relatively small set of well-known
licenses has been adopted by most developers. Documentation, however,
remains in the "roll your own license" stage. With luck, this area, too,
will soon evolve toward a reasonable set of truly free licenses which reflect
the needs and interests of writers.
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