On Fri, Mar 14, 2014 at 04:49:34PM -0400, Robinson Tryon wrote:
> The impression I got at the time was that there were multiple people
> working on drafting (i.e. writing parts of) the [GPLv3] license:
> 
> http://gplv3.fsf.org/original-process-definition

This document was released a couple of months before the public phase
of the GPLv3 drafting process started, so it has a certain
aspirational quality to it.

> ---
> The GPL revision comment process is a matter of information sharing.
> Below, in sections 3 and 4.1, we lay out ways that the community as a
> whole will tell version 3 drafters of issues with the current
> license...[the process is] designed so that...the drafters at FSF can
> directly address the community and present the reasoning behind
> changes.
> ---

Based on remarks by Eben Moglen given at a panel discussion at OSBC
East 2005 which I attended (shortly before I was hired and joined
SFLC), I believe the FSF at this time thought that the GPLv3 drafts
would elicit tens (hundreds?) of thousands of community commentary
about the license. I'm afraid that is not what happened, though the
degree of public commentary received was unprecedented for a software
license.

There were more like a thousand or so comments on the draft, and the
FSF and its counsel made a good effort to respond to them, and some of
them had a material influence over the draft. The FSF also formed a
set of four (or, according to some more dubious versions of the
history, five) committees (loosely representative of free software
interest groups) to nominally aid in the drafting process. These
committees, two of them in particular which were dominated by vendor
and commercial end-user lawyers, did have a notable degree of
influence over a few significant parts of the draft at the level of
legal critique and, to a lesser degree, policy.[1] However, for the
most part they were not responsible for *authoring* anything, the way
I would understand 'author'. I can point to a few sentences here and
there that originated textually with some members of these committees,
but this was not typical.

In any case, this is not inconsistent with Bradley's statement. GPLv3
was never envisioned as a license that would be collectively authored
by hundreds, let alone tens of thousands, of people, and it
wasn't. Indeed I sometimes hear people say that GPLv3 suffers from
having the appearance of having been 'drafted by committee' (as though
it were like certain standards specs) but that isn't accurate either.

> > RMS has also told me personally that during the GPLv3 process, he
> > considered lots of the proposals being offered to him, but vetted and/or
> > rewrote them himself before accepting them.
> 
> Vetting and rewriting proffered content sounds more like the role of
> an editor than an author.

RMS's role was certainly more than that of a mere editor, I can assure
you. As I noted, he certainly saw himself as 'final author'. But I
don't quite agree with the impression Bradley's remarks give. RMS did
delegate much of the actual drafting -- after late 2005 that is -- to
SFLC, specifically Eben and me. But he was ultimately responsible for
all basic matters of policy reflected in the current text, that is for
certain. Nothing we wrote ended up in the license without his
approval, and this involved discussion and debate and rewording by RMS
in many cases. 

> Based on my (albeit quite limited) understanding of the situation, I
> would be generally inclined to refer to RMS as the 'primary author' or
> 'chief architect' of GPLv3. Not that any such title should diminish
> his contributions to the process -- indeed, working collaboratively in
> the open can be much more challenging than laboring in private and
> alone! :-)

I'm sure it is historically accurate to say that GPLv3 was much more
of a collective effort than earlier versions of the GPL (though I
believe the FSF attempted to gather and incorporate community feedback
into GPLv1 and GPLv2). I have to also say that it is a myth that GPLv3
was developed 'collaboratively in the open' -- though it may have
approximated this more than any predecessor free software license. The
most productive period of drafting involved the period between July
2007 and March 2007 when the FSF was largely silent with respect to
the general public regarding the status of the draft.

- Richard

[1] It is interesting to look back on the reasons those lawyers got
involved at all, because it may seem so bizarre today. Bradley put it
well in an episode of Free as in Freedom: paraphrasing, lots of
commercial lawyers were under a naive 'mass delusion' (I think that's
the phrase Bradley used) that the entire free software ecosystem would
be migrating to GPLv3, making the commercial stakes extraordinarily
high -- right around the zenith of what some now call the 'open source
bubble' of the mid-2000s.


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