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Two years ago I wrote a blog post on being wrong. It’s not fun to admit being wrong, but sometimes it’s necessary. I have to admit to being wrong again.

In May 2015 my coauthors and I released software called kallisto for RNA-Seq and we published a preprint concurrently. Several months before that, in February 2015, when initial results with kallisto showed that its accuracy was competitive with state-of-the-art programs but that it could quantify a hundred or more times faster, I went to seek advice from a licensing officer at UC Berkeley about licensing options. Even though most software in bioinformatics is freely available to both academia and industry, I felt, for reasons I outlined in a previous blog post, that it was right that commercial users should pay a fee to use kallisto. I believed then, and still do now, that it’s right that institutions that support software development should benefit from its commercial use (UC Berkeley receives 2/3 of the royalties for commercially licensed products), that students are entitled to renumeration for software engineering work that does not directly support of their own research goals, and that funds are needed to support specialized personnel who can maintain/improve code and service user requests.

After some discussion with UC Berkeley staff, who were helpful every step of the way, I finally licensed kallisto using standard language from a UC Berkeley license, which provided free access to academics and non-profit institutions while requiring companies to contact UC Berkeley for a commercial license. I wouldn’t call the decision an experiment. I truly believed it was the right thing to do and convinced my coauthors on the project to go along with the decision. Unfortunately,

I was wrong.

Shortly after kallisto was released Titus Brown wrote a blog post titled “On licensing in bioinformatics software: use the BSD, Luke“. One critique he made against the type of licensing arrangement I secured can be paraphrased as “such licensing necessitates conversations with lawyers”. I scoffed at this comment at the time, thinking to myself ok, so what if lawyers need to be involved to do the right thing? I also scoffed at a tag he associated with his post: “lior-is-wrong”.

Prior to licensing kallisto, with the exception of one program, my software was released freely to academia and industry. The exception was the AVID alignment program, a project that launched shortly I arrived at UC Berkeley as a postdoc, and whose licensing terms were decided in large part by collaborators at LBNL. They had first licensed visualization software (for AVID alignments) called VISTA the same way, and I think they did that because they came from the protein folding community where such licensing is common. In any case, there hadn’t been much lawyering going on (as far as I was aware) with the AVID/VISTA projects and I also didn’t think too much about the broader issues surrounding licensing choices. Open source free licensing also seemed good and throughout the years I always let my students decide what license they wanted for the software they’d written. With kallisto standing to have a huge impact on companies, enabling them to directly profit (in $) from its speed, I decided it was timely to think about the pros and cons of different licenses again (it was later shown that kallisto does, indeed, greatly reduce costs for RNA-Seq analysis). This is the process that led up to the kallisto licensing, and the associated blog post I wrote.

However Titus Brown was right. Despite what I perceived to be best intentions from the UC Berkeley licensing staff and their counterparts at companies, what should have been simple licensing agreements signed and completed in a day, sometimes bogged down in lawyer infused negotiations. There were questions about indemnity clauses (prior to licensing kallisto I didn’t know what those were), payment terms, etc. etc. etc.  Some licenses were signed, but in some cases companies where I knew certain researchers wanted to use kallisto withdrew their requests due to term disagreements.

It did not take long for me to realize the mess that licensing involved. At the same time, I began to be buffeted by comments from colleagues and friends who argued zealously against the kallisto license in public. One colleague, I learned, refuses to read papers of software that is not licensed completely freely. I found out that Galaxy would not support kallisto, a decision I understood but that saddened me. So last year I went back to the licensing office and asked them to scrap the whole thing, and allow me to change the kallisto license to BSD. I wanted the licensing change to be immediate, and I was even happy to pay back (out of my own pocket) fees that may have been paid, but the change took many months to implement. I apologize for the delay. Had I known that even changing the license would be difficult, I would have done things differently from the outset. I did not make news of the pending license change public, because at first I was not sure that UC Berkeley would approve it at all. In any case, I’m now happy to say that kallisto is licensed with the permissive BSD 2-clause license.

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