Last post I wrote that I’d be changing the data licensing terms on GovTrack. I sincerely asked for feedback, and I got it. Gunnar, for instance, rightly pointed out that this isn’t everyone’s fight. He also noted that my dry sense of humor wasn’t really working.
The change I planned would have created substantial burdens for re-users of GovTrack’s data and yet would have had little impact, except possibly to annoy end-users. So I’m going to make a different change. This is a lot simpler:
You may not disparage services for being nonpartisan.
This will go into the terms of service to access the regularly updated raw data and API starting tomorrow. (It does not affect regular users of GovTrack or of any of the users of the tools that use GovTrack data.)
I don’t know of any current licensees that were a part of the boycott that started all of this, but I don’t know everyone who uses GovTrack’s data. If your organization can’t handle the new term, then I’m not above saying you can get your data elsewhere.
That said, the source code for the scripts that gather the data remain open source under the GNU AGPL license (see this github project for v2). And I do create special license agreements with other organizations as necessary. So there are at least two routes around this.
This all began because some random guys said some other company should be boycotted for being nonpartisan. It really had nothing to do with me. But as I explained to techPresident I was appalled that:
“This is the first time that someone’s called what our community does ‘evil,’” Tauberer said in an e-mail. “I don’t take that lightly. PCCC’s Rosenbaum had better stand behind that if he is going to be so brash. Is he going to take the links to GovTrack off of the PCCC web site? Because right now those links support the right’s ability to get the same information.”
I think the open gov community is used to me curmudgeonly complaining about various things. Sometimes I try to be polite. But, honestly, I’ve gotten tired of being mostly complacent. In June I called out Rep. Crenshaw for trying to slow down legislative transparency and got almost 1,500 letters sent to Congress about it. This month I’m calling out this ridiculous boycott. Yeah, this might be the start of a new pattern.
A colleague pointed out to me over the weekend that the open source movement has a long history of using licenses to promote ideological positions. The GNU GPL license — the ‘viral’ license that is part of the backbone of the open source world — says you can use my software if you believe in the same sort of openness that I do. The GPL also prevents licensees from exercising software patent rights — which is in many ways a political statement. One of the earliest leaders of the free software movement believes it is a moral imperative for computing technology to be free (free as in freedom). Over at Creative Commons, licenses make a distinction between commercial and non-commercial use, which is something that to a for-profit guy like me thinks is pretty arbitrary.
So I’m not the first to think that giving stuff away can come with substantive terms and still be open. Though in my case, the license is a terms of service, not a copyright license, so the comparison with open source only goes so far.