Friday 23 January 2015

Moral Copyleft - can open source be closed to immoral use?

The Open Source movement is one of the great modern humanitarian triumphs. There are a number of different licenses that are used to enable the free use and distribution (not necessarily cost-free) of software source code. In particular, it enables the availability of code that can be proven to be free of malicious code (malware), something impossible with software that's distributed 'closed source' in binary.

One important side-effect has been the production of various licensing systems to enable a common pool of intellectual property that's free for everybody to use, not necessarily cost-free, and, usually, modify and redistribute, as long as the licensing follows the changes.

Though it is a humanitarian triumph, and has been championed by humanitarians who objected to the locking away of intellectual property by conventional copyright, there are some problems with it. In particular, it places no restriction on who can use the IP. So it can be put to evil, non-humanitarian uses - something almost certainly not the intent of the humanitarians who put their property under a creative commons or copyleft license.

I propose an alternative license, derivative from copyleft or creative commons licenses. The final license would need to be drawn up legally to avoid as many unintended consequences as possible. However, the idea is simple.

A 'Moral Copyleft' license would, allow free use, modification and distribution, but only for moral uses. For example, a 'Moral Copyleft' license could refuse permission for any arms manufacturer or dealer or organisation that promotes the non-consesual killing of human beings - states that practice capital punishment, or that export terrorism, or practice slavery, or supply drugs or other equipment for use by executioners or armies.

This would prevent a future linux-like platform from being used in military drones, or to manufacture poison gas for use against humans.

There is no reason, today, why somebody should not license work for that cannot be used to promote the eating of meat or working on Sunday or any of the many things individual people might be against.

The difference with this proposal is that, as with creative commons licenses, a free, easy to use, license would be available to any humanitarian who wished to make IP available to everybody, but not at the expense of humanity.

The license would need to reference some body, or bodies, that register immoral usage. Amnesty International, perhaps, or the Campaign against the Arms Trade could keep a register.

Whether other organisations that deliberately kill human beings, such as tobacco companies, would fall under the prohibition of such licenses would be part of the debate needed during the design of the license(s). There might be various levels of moral license, with the basic one being against weapons manufacturers and arms dealers, with more stringent ones available for activities less generally recognised as immoral.

The first step would be to canvas support for this proposal. If there was support, an Aunt Sally license or licenses could then be drawn up for comment and discussion. After that, with sponsorship, a watertight license could be drafted and made available, under its own license (not much of a limitation as it'd be a strange weapons manufacturer that would wish to have a moral license!).

The license could also prohibit use by organisations that act against responsible environmental behaviour - companies that contribute to irresponsible logging in the Amazon, say.

This would enable a moral philanthropist in the future, to donate money to a trust for the development of software or hardware for humanitarian use to have the application of a moral license a condition for funding.

Commercial companies wishing to enhance their environmental and moral image could also use this license for their commercial open source products.