"When free software was born, if you wanted to clone, interoperate with, improve, or modify any existing software, all you needed to do was reverse-engineer that software and go to town."The GPL wasn’t permission to make something new that was compatible with something that already existed. People who knew how to make software already behaved as though that was something they were permitted to do, irrespective of the feelings of the company or individual whose code they were interacting with.
"The GPL was a request for companies and software authors to make this process easier and less tedious by handing out source code, so that would-be interoperators could skip the wasteful, time-consuming reverse-engineering step and go right to the good stuff – making a new thing that improved upon (and/or competed with) whatever was already made.
"The GPL was icing on the cake. Applying the GPL to your code didn’t signal that you’d forswear legal vengeance upon those who wanted to make something compatible with your thing. You had no right to that vengeance! Applying the GPL to your code signalled that you wanted to collaborate with interoperators, rather than impotently shake your fist at them from the sidelines as they went right ahead and interoperated with your code against your wishes.
"Some 40 years later, the world is a very different place. Between software copyrights, anti-circumvention rules, software patents, enforceable terms of service, trade secrecy, non-compete agreements, and the pending (at the time of this writing) Oracle/Google dispute over API copyrights, any attempt to interoperate with an existing product service without permission from its corporate master is a legal suicide mission, an invitation to almost unlimited civil – and even criminal! – litigation. That is to say: if you dare to modify, improve, or replace an existing, dominant software-based product or service, you risk bankruptcy and a long prison sentence.
"Forty years ago, we had cake and asked for icing on top of it. Today, all we have left is the icing, and we’ve forgotten that the cake was ever there. If code isn’t licensed as “free,” you’d best leave it alone."
https://locusmag.com/2020/09/cory-doctorow-ip