More than a quarter-century ago, a group of hackers decided that, as a label, "free software" was a liability, and they set out to replace it with a different label, "open source," on the basis that "open source" was easier to understand and using it instead of "free software" would speed up adoption.

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If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2025/07/14/pole-star/#gnus-not-utilitarian

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They were right. The switch from calling it "free software" to calling it "open source" sparked a massive, unbroken wave of adoption, to the point where today it's hard to find anyone who professes animus to "open source," not even Microsoft (who once called it "a cancer").

Two motives animated "open source" partisans: first, they didn't like the ambiguity of "free software." Famously, Richard Stallman (who coined "free software") viewed this ambiguity as a feature, not a bug.

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He liked that "free" had a double meaning: "free as in speech" (an ethical proposition) and "free as in beer" (without cost). Stallman viewed the ambiguity of "free software" as a koan/conversation-starter: a normie, hearing "free software," would inquire as to whether this meant that the software couldn't be sold commercially, which was an opening for free software advocates to explain the moral philosophy of software freedom.

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For "open source" partisans, this was a bug, not a feature. They wanted to enlist other hackers to develop freely licensed codes, and convince their bosses to adopt this code for internal and public-facing use. For the "open source" advocates, a term designed to confuse was a liability, a way to turn off potential collaborators ("if you're explaining, you're losing").

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But the "open source" side wasn't solely motivated by a desire to simplify things by jettisoning the requirement to conscript curious bystanders into a philosophical colloquy. Many of them also disagreed with the philosophy of free software. They weren't excited about building a "commons" or in preventing rent extraction by monopolistic firms. Some of them quite liked the idea of someday extracting their own rents.

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For these "open source" advocates, the advantage of free software methodologies - publishing code for peer review and third-party improvement - was purely instrumental: it produced better code. Publication, peer review, and unrestricted follow-on innovation are practices firmly rooted in the Enlightenment, and are the foundation of the scientific method.

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Allowing strangers to look at your code, critique it, and fix it is a form of epistemic humility, an admission that we are all forever at risk of fooling ourselves, and it's only through adversarial peer review that we can know whether we are right.

This is true! Publishing code makes it better, and prohibitions on code publication make code worse. That's the lesson of the ransomware epidemics of the past decade: these started with a series of leaks from the NSA and CIA.

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Both agencies have an official policy of researching widely used software in hopes of finding exploitable bugs and then keeping those bugs secret, so that they will be preserved in the wild and can be exploited when the agencies wish to attack their enemies.

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The name for this practice is NOBUS, which stands for "No One But US": we alone are smart enough to find these bugs, so if we discover them and keep them secret, no one else will find them and use them to attack our own people. This is a provably false proposition, and a very dangerous one.

The Vault 7, Vault 8, and NSA cyberweapon leaks blew a hole in NOBUS.

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Failures in the agencies' own security protocols resulted in the release of a long list of defects (mostly in versions of Windows, but other OSes and programs were affected). Malicious software authors used these as can openers to pry open millions of computers, enlisting them into botnets and/or shutting them down with ransomware.

These leaks also provided some "ground truth" for researchers who study malicious software.

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Once these researchers had a list of which defects the spy agencies had discovered and when, they were able to compare that list of defects that malicious software authors had discovered and exploited in the wild, and estimate the likelihood that a spy agency defect would be independently discovered and abused by the agency's enemies, who they were supposed to be protecting us from. It turns out that the rediscovery rate for spy agency bugs is about 20% per year.

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In other words, there's a one in five chance that a bug that the CIA or NSA is hoarding will be used to attack America and Americans within the year.

NOBUS is a form of software alchemy. Alchemy is the pre-Enlightenment version of scientific inquiry, and it resembles science in many respects: an alchemist observes phenomena in the natural world, hypothesizes a causal relationship to explain them, and performs an experiment to test their hypothesis.

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But here is where the resemblance ends: where the scientist must publish their results for them to count as science, the alchemist kept their findings to themselves. This meant that alchemists were able to trick themselves into thinking they were right, including about things they were *very* wrong about, like whether drinking mercury was a good idea. The failure to publish meant that every alchemist had to discover, for themself, that mercury was a deadly poison.

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Alchemists never figured out how to transform lead into gold, but they did convert the base metal of superstition into the precious metal of science by putting it through the crucible of disclosure and peer-review. Both open source and free software partisans claim transparency as a key virtue of their system, because transparency leads to improvement ("with enough eyeballs, all bugs are shallow").

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At the outset, "open source" and "free software" were synonyms. All code that was open was also free, and vice-versa. But over the ensuing decades, that changed, as Benjamin "Mako" Hill explained in his 2018 Libreplanet keynote, "How markets coopted free software’s most powerful weapon":

https://mako.cc/copyrighteous/libreplanet-2018-keynote

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How markets coopted free software’s most powerful weapon (LibrePlanet 2018 Keynote)

Several months ago, I gave the closing keynote address at LibrePlanet 2018. The talk was about the thing that scares me most about the future of free culture, free software, and peer production. A …

copyrighteous

As Hill explains, the philosophical differences between "open" better code) and "free" (code to enhance human freedom) may not have mattered at the outset, but they each served as a kind of pole star for its own adherents, leading them down increasingly divergent paths. Each new technology and practice represented a decision-point for the movement: "Is this something we should embrace as compatible with our project, or should we reject it as antithetical to our goals?"

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If you were an "open source" person, the question you asked yourself at each juncture was, "Does this new thing increase code-quality?" If you were a "free software" person, the question you had to answer was, "Does this make people more free?"

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These value judgments carried enormous weight. They influenced whether hackers would work to improve a given package or pursue a use-case; they determined who would speak or exhibit at conferences, they created (or deflated) "buzz," and they influenced the direction that new license versionss would take, and whether those licenses would be permissible on influential software distribution channels.

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For a movement that runs on goodwill as much as on dollars, the social acceptability of a practice, a license, a technology or a person, mattered.

Hill describes how chasing openness without regard to its consequences for freedom created a strange situation, one in which giant tech monopolists have software freedom, while the rest of us have to make do with open source.

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All the software that powers the cloud systems of Facebook, Google, Apple, Microsoft, etc, is freely licensed. You can download it from Github. You can inspect it to your heart's content. You can even do volunteer work to improve it.

But only Google, Apple, Microsoft and Facebook get to decide whether to run it, and how to configure it.

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And since nearly all the code our users depend on takes a loop through a Big Tech cloud, the decisions made by these Big Tech firms set the outer boundaries of what our code can do. They have total freedom while we make do with the crumbs they drop from on high.

In other words, the freedom mattered, and when we forgot about it, we lost it.

Which is not to say that free software doesn't benefit from open source's popularity.

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The vast cohort of people who have been won over by open source's instrumental claims to superior code are the top of a funnel that free software partisans can operate to convince these people to consider the ways that their lives have been made more free through open code, and to prioritize freedom, even ahead of code quality.

The free/open source movement is actually a coalition of people who share *some* goals even if they differ on others.

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Coalitions are politically powerful. Nearly everything that happens, happens because a coalition has been pulled together:

https://pluralistic.net/2025/01/06/how-the-sausage-gets-made/#governing-is-harder

But coalitions are also brittle, because after they get what they want (transparency for code), then they have to resolve their differences, which means that some members of the coalition are going to be bitterly disappointed.

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Pluralistic: Winning coalitions aren’t always governing coalitions (06 Jan 2025) – Pluralistic: Daily links from Cory Doctorow

After all, there's code that we don't want to improve - at least, not if we care about freedom. For example: code that helps ICE kidnap our neighbors. Code that powers drones. Code that spies on us, both for governments and for private-sector snoops, like the data-broker industry. Code that helps genocidiers target Gazans. Code that helps defeat adblockers. Code that helps locate new sites for fossil fuel extraction, and code that helps run fossil fuel extraction operations.

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Human freedom has an inverse relationship to this code: the better this code is, the worse off we all are.

Periodically, some free software advocate will follow this to its logical conclusion and propose a new free software license that prohibits use for some purpose: "you may not use my code in the military," or "you may not use my code for ad-tech," or "you may not use my code in ways that despoil the environment."

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It's not surprising that this is a recurring event. After all, if you care about software as a tool for enhancing human freedom, and you notice that your code is being used to make people less free, it's natural to want to do something about it.

And yet, every one of these efforts have foundered - and I think every one will. This isn't because ethics clauses in license are a foolish idea, but because they are logistically transcendentally hard to get right.

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First, there is the problem of writing good "legal code." Free software licenses are extraordinarily hard to get right. Not only do the terms have to spell out the rights and obligations of participants in the software project, but the whole system needs to be designed so that these clauses can be enforced. The right to sue for breaching a license is determined by "standing" - only people who have been injured by a license violation have the right to seek justice in court.

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This has proven to be a serious technical challenge in free software licensing, and if you screw it up, you'll end up with an unenforceable license:

https://pluralistic.net/2021/10/20/vizio-vs-the-world/#dumbcast

Even if you figure out all that stuff, it's possible for even extremely talented lawyers working in collaboration with the most ethical of technologists to make subtle errors that take years or decades to surface.

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Pluralistic: 20 Oct 2021 – Pluralistic: Daily links from Cory Doctorow

By that time, there might be millions or even *billions* of works that have been released under the defective version of the license, and no practical way to contact the creators of all those works to get them to relicense under a patched version of the license.

This isn't a hypothetical risk: for more than a decade, every version of every flavor of Creative Commons license had a tiny (but hugely consequential) defect.

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These licenses specified that they "terminated immediately upon any breach." That meant that if you made even the tiniest of errors in following the license terms, you were instantly stripped of the protections of the CC license and could be sued for copyright infringement. Many *billions* of works were released under these older CC licenses.

Today, a new kind of predator called a "copyleft troll" exploits this bug in order to blackmail innocent Creative Commons users.

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Multimillion dollar robolawyer firms like Pixsy represent copyleft trolls who release timely images under ancient CC licenses in the hopes that bloggers, social media users, small businesses and nonprofits will use them and make a tiny error in the way they attribute the image. Then Pixsy helps the troll extort hundreds or thousands of dollars from each victim, under threat of a statutory damages claim of $150,000 per infringement:

https://pluralistic.net/2022/01/24/a-bug-in-early-creative-commons-licenses-has-enabled-a-new-breed-of-superpredator/

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A Bug in Early Creative Commons Licenses Has Enabled a New Breed of Superpredator – Pluralistic: Daily links from Cory Doctorow

Creative Commons spent millions over years, working with a who's-who of international copyright and licensing experts, and it took them more than a decade to fix this bug, and the billions of works released under the old licenses are ticking time-bombs. After all, the copyright in those works will last for 70 years after their authors die, which means that anyone who acquires the copyright to those older images could turn troll and go hunting.

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There's a reason that old FLOSS hands react with instant derision whenever someone proposes making up a new software license. It's the same reason cryptographers are so hostile to the idea of people rolling their own cipehers: no matter how smart and well-intentioned you are, there's a high likelihood that you will screw up and irrevocably place innocent people at risk.

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Yes, irrevocably: getting all those creators to relicense their works under a modern CC license is effectively impossible. Even projects with a relatively small number of contributors - like Mozilla - had to resort to throwing away chunks of code whose authors couldn't be located and paying someone to rewrite them under a new license.

Those are reasons not to come up with new free and/or open licenses, period.

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But on top of that, there's a special set of confounders that arise when ethics clauses are added to free/open licenses.

The first of these is the definitional problem. Even seemingly simple categories can elude consensus on definition. Again, the Creative Commons licenses are instructive here: from the outset, CC licenses let creators toggle an ethics clause, called the "NonCommercial" (NC) flag. Works licensed under "NC" couldn't be used commercially. Seems simple, right?

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@pluralistic the SCP Wiki for the last number of years has wanted to update our license from CC-BY-SA 3.0 to CC-BY-SA 4.0 to give the writers & artists more freedom over their work

presently, in order for the site to move to 4, under 3 we have to reach out to every author & the site turned 17 years yesterday

like what you wrote about firefox, we'd have to do the same (it's a possibility when the site jumps from wikidot to it's own wiki-platform, & from 3.0 to 4.0)

@pluralistic I understand there to have been efforts to try to do this sort of thing both in indie TTRPG licenses and the rules of said indie games themselves ("Nazis are not allowed to play this game") with even less success, especially since the OGL debacle resulted in the shattering of the license consensus. (CC-BY didn't catch on in any broader way among TTRPG studios, and just replaced the OGL for newer projects with original 5e D&D as the only prior reference.)
@pluralistic hi greetings to you