Ask HN: Is it possible to create a new license that prohibits government usage?

6 points by jonnyrockit 12 years ago | 4 comments

Is it possible to create a version of one of the popular open source licenses that could prohibit use by government institutions?

I ask because I noticed that some of the devices created by the NSA in the catalog are built on Linux and some other open source tech.

http://leaksource.wordpress.com/2013/12/30/nsas-ant-division-catalog-of-exploits-for-nearly-every-major-software-hardware-firmware/

tokenrove 12 years ago |

The damage to all the other governmental institutions (and by extension, citizens) that can benefit from running open source software would be far more extensive than the damage caused to institutions like the NSA. It seems pointless and unenforceable, like Crockford's "do no evil" license.

munimkazia 12 years ago |

What is this anarchy? Not all government is bad. The government isn't one single entity (the NSA) which has decided to spy on you. If you try to license something like this, you will prohibit libraries, educational institutions, research institutions, government offices, and the citizens who use these services from using your software.

walid 12 years ago |

I used to think that NASA is exempt by the government from patent royalties when manufacturing equipment for NASA's missions and purposes. But after a little Googling it turns out I am wrong: http://www.cojk.com/nasa-ordered-to-pay-boeing-28-3m-in-pate...

What is more important is that national security can precede legality at times and trying to stop the NSA from using a particular software becomes moot once you consider that an adversary can do the same actions to undermine software. This means the NSA will have justification to ignore any clause of no use an hunt for exploits and may probably comply with a legal clause of no use as a regular user.

On the other hand you shouldn't look at the NSA as the bad guy. Remember that a security/spying agency is controlled by policy. If policies are bad the actor acts badly. Put your energy in fixing policy instead of beating down the NSA. I'm starting to feel sorry for an agency that acts on orders from the government at large.

lauradhamilton 12 years ago |

I think you can put whatever you want in your license, but do you really trust the NSA to follow your license guidelines?

Seems to me a bit like putting a sign on your front door that says "no burglars, please."