Encouraging others to adopt the same licensing practices meant closing off the escape hatch that had allowed privately owned versions of Emacs to emerge. To close that escape hatch, Stallman and his free software colleagues came up with a solution: users would be free to modify GNU Emacs just so long as they published their modifications. In addition, the resulting "derivative" works would also have carry the same GNU Emacs License.
The revolutionary nature of this final condition would take a while to sink in. At the time, Fischer says, he simply viewed the GNU Emacs License as a simple contract. It put a price tag on GNU Emacs' use. Instead of money, Stallman was charging users access to their own later modifications. That said, Fischer does remember the contract terms as unique.
"I think asking other people to accept the price was, if not unique, highly unusual at that time," he says.
The GNU Emacs License made its debut when Stallman finally released GNU Emacs in 1985. Following the release, Stallman welcomed input from the general hacker community on how to improve the license's language. One hacker to take up the offer was future software activist John Gilmore, then working as a consultant to Sun Microsystems. As part of his consulting work, Gilmore had ported Emacs over to SunOS, the company's in-house version of Unix. In the process of doing so, Gilmore had published the changes as per the demands of the GNU Emacs License. Instead of viewing the license as a liability, Gilmore saw it as clear and concise expression of the hacker ethos. "Up until then, most licenses were very informal," Gilmore recalls.
As an example of this informality, Gilmore cites a copyright notice for trn, a Unix utility. Written by Larry Wall, future creator of the Perl programming language, patch made it simple for Unix programmers to insert source-code fixes-" patches" in hacker jargon-into any large program. Recognizing the utility of this feature, Wall put the following copyright notice in the program's accompanying README file:
Copyright (c) 1985, Larry Wall You may copy the trn kit in whole or in part as long as you don't try to make money off it, or pretend that you wrote it.See Trn Kit README. http://www.za.debian.org/doc/trn/trn-readme
Such statements, while reflective of the hacker ethic, also reflected the difficulty of translating the loose, informal nature of that ethic into the rigid, legal language of copyright. In writing the GNU Emacs License, Stallman had done more than close up the escape hatch that permitted proprietary offshoots. He had expressed the hacker ethic in a manner understandable to both lawyer and hacker alike.
It wasn't long, Gilmore says, before other hackers began discussing ways to "port" the GNU Emacs License over to their own programs. Prompted by a conversation on Usenet, Gilmore sent an email to Stallman in November, 1986, suggesting modification: You should probably remove "EMACS" from the license and replace it with "SOFTWARE" or something. Soon, we hope, Emacs will not be the biggest part of the GNU system, and the license applies to all of it.See John Gilmore, quoted from email to author. Gilmore wasn't the only person suggesting a more general approach. By the end of 1986, Stallman himself was at work with GNU Project's next major milestone, a source-code debugger, and was looking for ways to revamp the Emacs license so that it might apply to both programs. Stallman's solution: remove all specific references to Emacs and convert the license into a generic copyright umbrella for GNU Project software. The GNU General Public License, GPL for short, was born.
In fashioning the GPL, Stallman followed the software convention of using decimal numbers to indicate prototype versions and whole numbers to indicate mature versions. Stallman published Version 1.0 of the GPL in 1989 (a project Stallman was developing in 1985), almost a full year after the release of the GNU Debugger, Stallman's second major foray into the realm of Unix programming. The license contained a preamble spelling out its political intentions:
The General Public License is designed to make sure that you have the freedom to give away or sell copies of free software, that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.