中国开放源代码许可证
Chinese open source licences: Be careful when using ChatGPT

China is playing an increasingly important role in the open source world. Especially for globally active companies with their own software development, it is worth taking a look at the Far Eastern market. But caution is advised in research efforts: Those who trust in the help of artificial intelligence should be prepared for misjudgements. In my blog, I show by example what can happen or what should be taken into account when software like ChatGPT is supposed to provide support in this still young field of research.

China, an economic power, has become a major player in the world of open source software, both as a consumer and producer of open source software. In recent years, China has also developed its own set of open source licences to regulate the use and distribution of software developed in the country.

I have been planning to report on Chinese open source licences for some time, as their specifics are not yet widely known. Like any open source licence, Chinese open source licences carry a number of risks and potential problems that users and developers should be aware of. Some of these risks are:

1. language barriers: One potential risk of using Chinese open source licences is the language barrier. If you are not fluent in Chinese, it can be difficult to understand the terms and requirements of the licence, leading to misunderstandings and potential legal problems.
2. enforcement: Enforcement of Chinese open source licences can be difficult, especially if you are not based in China. This can make it difficult to ensure that others comply with the terms of the licence, and can lead to disputes and legal problems if violations occur.
3. compatibility with other licences: Chinese open source licences may not be compatible with other open source licences used in other parts of the world. This may make it difficult to use Chinese open source software in conjunction with software developed under other licences, which may limit its potential usefulness.
4. lack of legal precedent: as Chinese open source licences are relatively new, there are not many legal precedents on their use and enforcement. This can make it difficult to understand how the licence may be interpreted in court and may increase the risk of litigation.
5. Political risks: As Chinese open source licences may be developed and administered by the Chinese government, their use may be subject to political risks. Some users and developers may be reluctant to use Chinese open source software because of concerns about government surveillance or censorship.

During the research, I used ChatGPT, among others, and after asking about Chinese open source licences, I got the following information (response from ChatGPT in blue italics:

The Chinese open source licensing landscape is quite diverse, offering several different licences to developers and users of open source software. In this article, we will explore some of the most popular Chinese open source licences and what they mean.

1. Die China Public License (CPL)
   
   The China Public License (CPL) is one of the most commonly used open source licenses in China. The licence is modelled on the Mozilla Public License (MPL) and is intended to promote the development and distribution of open source software in China. The CPL requires that any changes made to the software be published under the same licence to ensure that the software remains open and accessible to all.
   
2. Die Mulan Permissive Software License (MulanPSL)
   
   The Mulan Permissive Software License (MulanPSL) is an open source permissive licence developed by the Chinese Academy of Sciences. The MulanPSL allows users to modify and redistribute the software under the terms of the licence without having to publish the modifications under the same licence. This licence is designed to encourage the use and adoption of open source software in commercial applications.
   
3. The Open Source Licence of the People’s Republic of China (OSL)
   
   The Open Source Licence of the People’s Republic of China (OSL) is a licence developed by the Chinese government to encourage the development and use of open source software within the country. The OSL requires that any changes made to the software must be published under the same licence to ensure that the software remains open and accessible to all. This licence is similar to the GPL, but is specifically tailored to the needs of the Chinese software development community.
   
4. The Beijing University Open Source License (BUOSL)
   
   The Beijing University Open Source License (BUOSL) is an open source licence developed by Peking University that imposes no restrictions. The BUOSL allows users to modify and redistribute the software under the terms of the licence without having to publish the modifications under the same licence. This licence is intended to encourage the use and adoption of open source software in academic and research institutions.

This first compilation seems informative and solidly researched. The Mulan licences are now available in different variants, have been tested by the Open Source Initiative (OSI), and are themselves marked with an SPDX tag.

You are not familiar with the other licences? That was also the case for me. An extended search on the internet did not yield any more solid information on these licences. ChatGPT, asked for references and the origin of the China Public License (CPL), answered rather vaguely: “To understand the licence, one could turn to the China Open Source Promotion Union (COPU)”. The Union exists, but even there there is no information about the open source licence. The reference to the OSI also comes up empty. Ultimately, one could also turn to the open source community or a lawyer.

There are also no references to the “Open Source License of the People’s Republic of China (OSL)” and the “Beijing University Open Source License (BUOSL)”. We commission a student trainee to conduct an intensive search. Result: No information on the internet, not even on Chinese sites.

With the help of the OpenChain organization we contact partners in China to clarify the existence. Result: These licences are also completely unknown in the community there. I confront ChatGPT with our investigation results: “I don’t think the China Public License (CPL) exists.”

I apologise for the confusion in my previous reply. You are correct that the China Public License (CPL) does not exist. I made a mistake in my answer and I apologise for the confusion this has caused.

However, there are several open source licences developed by Chinese organisations that are similar to the CPL in terms of promoting the development and use of open source software in China. These include the China Software Copyright and License (CSCL) and the Mulan Permissive Software License (MulanPSL).

I hope these explanations are helpful, and please let me know if you have any further questions.

That’s exciting! The rest of the licences seem to come from ChatGPT’s pure imagination! To make the cross-check, I also doubt the real existing MulanPSL. And again, ChatGPT apologises for being wrong. This makes things difficult because now: facts and fantasy can no longer be distinguished.

In summary, while China has developed its own permissive open source licences, in writing this blog the focus has turned from the licences themselves to the reliability of ChatGPT or artificial intelligences. Instead of simply saying “I don’t know” like a human, the algorithm invents answers and confidently presents them as facts. And the differences are difficult to spot.