A brief meditation on licenses
I've taken on a small embedded systems project in the last
week or so. Something to monitor cabinets in a data center
and report the status back to a serial port. Kid stuff,
really, at least for any embedded engineer. I took it on
mostly because I think it's going to be a good learning
experience, and because it's winter and I have cabin fever
bad. Having something to do will help me maintain my sanity
in these grey months.
However, I'm trying to figure out how to license this thing
once I have it working. What I would like to do is to sell
of all the schematics, code, docs and IP rights to the
company that wants this device. I would do this because it
will save me trouble in the long run. For instance, if they
own this thing then THEY have to worry about how to produce
it in volume. I deliver a working prototype and I'm done
with it. Similiarly, if they change it and it starts to go
whacky, then it's their problem. I won't be getting any
support calls at 2am from a frantic sysadmin. In sum, I want
to do the fun stuff (writing the code, doing the board
layout, testing, etc...) and leave the boring gruntwork
(volume production, support) to someone else.
So what's the problem, you may ask? Well, the problem is
twofold. The first part of the problem is that I don't want
to let go of this thing completely. Or rather, I want to
keep a copy of it for myself so I can show it off to my geek
friends, and to prospective employers if I end up going into
an embedded systems job. Secondly, in keeping with the open
source philosophy, I'd like to give away the source code and
board schematics free on my web page. If I give this thing
away completely to the customer, they are highly unlikely to
let me give away the plans. I know how these corporate
bastards think. "We paid good money for this thing, so we
should be able
to screw everybody and charge whatever the market will bear
for them!" Which would be fine with me, so long as *I* was
still
allowed to do as I wished with it - including give it away
if I feel like it.
So what do I do? Well, I've come up with a license that I
think will address most of my problem. And I wanted to ask
people what they thought of it. So here it is. I call it
The Eternal, Unrescindable, Unlimited
License, and it goes like this...
I, Ben Cantrick hereby grant Company X an eternal,
unrescindable and unlimited right to clone, use, modify, and
sell
the following device, Device X, as well as all
associated documentation and designs delivered with it, this
21st day of
Januaury, etc, etc...
Yeah, yeah, I know what you're saying - "Why go to all this
trouble? Why not just use the GPL?" Well, first of all,
because I don't want to. Because I'm a stubborn bastard and
I like doing things my own way. I tend to learn a lot more
that way. So neener-neener boo-boo, all you
Stallman-worshipping pinko commie bastards! ;]
Secondly, because I want to address a frequent criticism of
the
GPL - that in preserving the freedom of the user to modify
code, it takes away from the freedoms of the programmer to
do what they want with their code. If this company I'm
selling this device to wants to improve my designs and
re-sell this thing as a proprietary device, that's fine with
me. They can make these things in volume and sell them for
$1000 each for all I care.
And the reason it's fine with me is because my EUU license
still preserves my freedom to put the source code and
designs up on the web and give them away for free. Notice
that while I'm letting them have a copy of everything about
the device, I'm not letting them have rights over
distribution. I give them one of the devices and I give them
a copy of all the associated docs and designs, and grant
them the right to do as they please with it - including sell
it, modify it, etc... But I do not give them the right to
tell me "now that you've sold it to us, you can't do what
you want with it any more."
So that's the license, and that's my plan. What do you
think? Anything wrong with my license? Any reason I
should use the GPL instead? Do you think the company I
intend to sell this thing to will go for it?