I've watched licensing disputes unfold in real time for decades. Some were predictable. Some blindsided everyone. All of them taught us something.
These aren't just historical curiosities. They're warnings. Every one of these incidents involved smart people who thought they understood licensing—until they didn't. Study them, and maybe you won't repeat their mistakes.
The Cases¶
The Classics¶
These shaped how we think about open source licensing:
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1990s — Why we have 2-clause BSD today
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2003–2011 — FUD, fear, and license provenance
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2010–2021 — Can APIs be copyrighted?
The Corporate Pivots¶
When open source business models collide with cloud providers:
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2017 — Why patent clauses matter
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2018 — The cloud provider problem
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2021 — What happens when you relicense
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2023 — The community will fork
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2024 — The pattern continues
The Quirks and Edge Cases¶
Smaller incidents with useful lessons:
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Don't add joke clauses to licenses
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License incompatibility has real costs
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GPL has teeth
The Pattern¶
If you read all of these, you'll notice recurring themes:
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License ambiguity creates risk. Unclear terms eventually get tested in court or in the marketplace.
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License changes alienate communities. Every restrictive relicensing has spawned forks.
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Business models and licenses are intertwined. When the business model doesn't work, the license gets blamed.
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The community has a long memory. Trust, once lost, doesn't come back easily.
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Enforcement is rare but real. Most license violations go unchallenged. The ones that get enforced become precedent.
A Note on Perspective¶
I've tried to present these fairly, but I have opinions. I've watched friends lose companies to licensing disputes. I've seen projects I loved get abandoned after relicensing. These aren't just abstract legal questions to me.
Take what's useful, form your own judgments, and learn from other people's mistakes. That's cheaper than making your own.