Free Software Licensing - History

History

In the mid-1980s, the GNU project produced individual free software licenses for each of its software packages. The first free license in history, the GCC General Public License, was applied to the GNU Compiler Collection and was initially published in 1987. The Original BSD license is also one of the first free software licenses, dating to 1988. In 1989, version 1 of the GNU General Public License (GPL) was published. Version 2 of the GPL, released in 1991, went on to become the most widely used free software license. Starting in the mid-90s and until the mid-00s, a trend began where companies and new projects wrote their own licenses, or adapting others' licenses to insert their own name. This license proliferation led to problems of complexity and license compatibility. One free software license, the GNU GPL version 2, has been brought to court, first in Germany and later in the USA. In the German case the judge did not explicitly discuss the validity of the GPL's clauses but accepted that the GPL had to be adhered to: If the GPL were not agreed upon by the parties, defendant would notwithstanding lack the necessary rights to copy, distribute, and make the software 'netfilter/iptables' publicly available. Because the defendant did not comply with the GPL, it had to cease use of the software. The US case (MySQL vs Progress) was settled before a verdict was arrived at, but at an initial hearing, Judge Saris "saw no reason" that the GPL would not be enforceable.

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