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It's Time to License Software Engineering(slater.dev)
11 points by sltr 6 hours ago | 34 comments
obviouslynotme 4 hours ago | parent | next [-]

We have already removed so much liability in other licensed professions, either through law or practice. It's almost impossible to obtain a malicious prosecution or SLAPP judgement against attorneys. Malpractice lawsuits have been legally capped all over the USA against doctors. Engineering liability is a joke outside of rare circumstances.

The social will for having real accountability and professional ethics just isn't there. If you license software, large companies will just outsource the stamps to small contractors who will legally assume responsibility while nothing else changes. All real accountability will be so sparse and random that all ethical complaints will be ignored. If this liability becomes large enough to effect anything, all tech companies will band together to bribe politicians to limit legal remedies in the laws themselves.

In the end, the only thing that will happen is that large companies will use these regulations to bludgeon smaller competition like they already do.

BinaryIgor 5 hours ago | parent | prev | next [-]

Licensing also means corrupted busy bodies and gate keepers; it doesn't necessarily increase quality, but it surely decrease supply of service providers and give a rather dangerous power to a selected (by whom?) group

jmisavage 4 hours ago | parent | next [-]

Yes, licensing does reduce supply compared to a free-for-all. But that’s the point, it filters out people who shouldn’t be doing the work in the first place. For engineers, the PE designation means you’re legally responsible for your work.

RhysU 3 hours ago | parent [-]

Licensing is a poor filter. Have you ever gotten a bad haircut? Is there a hairstylist or barber at your usual shop that you avoid? Those folks are licensed too.

BinaryIgor 24 minutes ago | parent [-]

Exactly - free market is a better filter

bdangubic 4 hours ago | parent | prev | next [-]

yup, the completely uncorruptible and good natured CEOs like Zuck’s of this world should be running the show, that’s gotta be good for SWEs :)

sltr 4 hours ago | parent | prev [-]

Who's more trustworthy, the IEEE or Mark Zuckerberg?

gorgoiler 5 hours ago | parent | prev | next [-]

The author isn’t wrong but is it the right battle to fight?

They talk about dams and bridges being the birth of the engineering profession. Software though isn’t some newbuild home or bridge foundation or aircraft turbine blade, where I have to have faith in a system that stops crooks from selling me a house that will fall down, a bridge that will collapse, or a jet engine that explodes.

In fact, given the source code, build system, and some documentation, I — little old me! — can find bugs, fix them, and ship a working build. So can thousands of other fellow consumers.

I would rather advocate for statutory openness and freedom than trying to force quality control on what’s left of the closed, proprietary status quo. It would be a utopia indeed if we could get out of this rut where I (and my community of consumer tinkerers) are forbidden from unlocking our iPhones and Subarus and LGTVs to their full potential.

sltr 4 hours ago | parent [-]

From the post:

> What I'm proposing is only for commercial software, at the end of the supply chain

Doesn't preclude modifying software on your own devices.

h-bradio 4 hours ago | parent | prev | next [-]

Here's a great piece from Ian Bogost in The Atlantic on this topic (gift link): https://www.theatlantic.com/technology/archive/2015/11/progr...

(Please focus on his discussion of PE licensure, not on what developers should call themselves)

He says some software can be designed in our usual way: informal, fast, iterative, democratized, agile. But more and more software needs to be designed like a PE designing a public bridge: carefully, to stand strong for 100 years.

dekken_ 5 hours ago | parent | prev | next [-]

Some software maybe, like aerospace, but I have the option of not going to a doctor and trying to make myself healthier, so I should be able to write software also, and if anyone else wants to use it, that's their choice,

spiderxxxx 4 hours ago | parent [-]

Aerospace already has software standards for certification like DO-178C which is critical for certification from the FAA. You don't have to be licensed to write the software, but if it doesn't meet standards required for certification, well you have to fix it.

dekken_ 4 hours ago | parent [-]

Yeah I was talking about MISRA and the like really, seems like a problem that's already solved to some degree

redleggedfrog 4 hours ago | parent | prev | next [-]

It will never ever ever happen, because the nearly the entire software industry actively works against anything that inhibits pace of development.

Software is mostly created by businesses. Business want to make money above all else. Creating software needs to take the absolute minimum amount of time and money and quality, both in code and the program functioning itself, is an afterthought.

Because software isn't a tangible product, like a car or a bridge or a building, there is a prejudice against having certification for the engineers. It's not "important" like tangible objects that easily (most of the time) have their flaws exposed. Less important means less emphasis on craft, and you shouldn't need a certificate to prove you can add code to a project.

This cat has been out of the bag for so long it's just preposterous to think it will change. The current model of, "just get anything that can move the project forward," be it offshore, AI, hordes, long hours, whatever, will always be the strategy.

If you want quality write it for yourself. Early on in my career I built a carefully curated set of moonlight clients that my employer(s) did not know about. Here I wrote high quality software on my own timelines, emphasizing quality over everything else, because I am a one man team and don't have time for support. Now those clients pay me more each month than my employer. Most months I just get a check in the mail and don't have to do anything. As one said, "It just keeps working and we even forget it's there." (most of the software is integration related).

So it can be done, you just have to have the priority be different than a business that is in it for the money alone.

iamnothere 4 hours ago | parent | prev | next [-]

I’d happily agree to this, directly after we license management and executives.

ta_20250925 5 hours ago | parent | prev | next [-]

Hi Doug.

https://www.vice.com/en/article/man-fined-for-engineering-wi...

When the world stops acting like this, I'll consider your proposal more earnestly. Until then, I'll dismiss your ideas with prejudice.

sltr 4 hours ago | parent [-]

Järlström was fined for using the title "engineer" unlawfully, not for his ideas being wrong.

ta_20250925 4 hours ago | parent [-]

That whooshing sound you hear is my point going over your head :)

cush 5 hours ago | parent | prev | next [-]

It's wild that as an industry with as much liability as software engineering entails, this hasn't happened yet

toast0 5 hours ago | parent | prev | next [-]

Good luck with this. Requiring licensure to publish software is as tractable as requiring licensure to publish news or literature or music. The barrier to create software is perhaps a bit higher, but not meaningfully so.

I call myself a Softwate Developer. I have an Engineering degree (Computer Engineering), but I don't wear a stripey hat, so I'm clearly not an engineer.

Employers are welcome to title me as they please, within the law. I enjoyed being titled as a Technical Yahoo, but only one company seemed to prefer that title.

sltr 4 hours ago | parent [-]

From the post

> Is software free speech? In the US, yes Bernstein v. United States, but causing public harm or encroaching on others' rights is not protected.

> So my WordPress blog needs a sign off for each post? That's publishing, not software, and requiring sign off on writing would encroach on free speech.

toast0 4 hours ago | parent [-]

Would the WordPress blog need a sign off each time the style is updated... maybe, css is software, fonts are software. If you adjust a plugin or something, that probably needs a signoff.

Do you need a signoff when you update an excel sheet? Maybe only if it's published.

Do we need specific licensing to assign liability for public harm? Could we just not legislate liability on the operators of software causing public harm, and then people would be less likely to operate software in public unless the operator deems the risk low or the provider of the software offers indemnity (most likely in exchange for $$$$$).

sltr 3 hours ago | parent [-]

I don't know the exact answers, but this lands near building a shed vs house in your backyard.

wtp1saac 5 hours ago | parent | prev | next [-]

I am ambivalent about this, leaning towards negative.

I have some open questions, though this is more implementation than concept - what categories of software would need what licensing? Is there a delineation for platforms with more or less effective sandboxing, e.g., mobile vs desktop platforms? Do we need licensing for non-mission-critical software like game development (not a trivial question given multiplayer transmits and parses data)? Memory-safe versus memory-unsafe languages?

Now, I can think of some good situations that should maybe require formal licensing, e.g., cryptography, though how to delineate that could be tricky. Certainly I would want someone building a cryptographic vault or library to have very good knowledge of cryptography - I am not sure this is needed if you are effectively dispatching to a known good library, but it is still possible to build highly insecure protocols on top of it. Wondering if I would want a single large license, or some kind of specialty licenses for such cases, though.

My biggest gripe though, is that I feel most of the problems of software come from companies behaving irresponsibly - collecting too much data, rushing features through, pushing top-down control and schedules making it difficult for engineers to push back for needs and to build systems effectively. A lot of corporations pretty much give marching orders to their engineers. Maybe if software engineers were licensed, and there was personal liability against one's license to disobey, it would create a strong incentive to not implement such systems. I have my doubts this would get implemented in the USA though, as we have already unfortunately mostly stood against regulations like the GDPR. Maybe the EU would do this - but I am not sure if it is a better strategy, if that is the intent, versus focusing the state on attacking companies with malicious intent and sending them directly out of business.

wtp1saac 4 hours ago | parent [-]

I suppose I should add, I largely fear more and more regulation around software, especially at the level of "commercial vs. not" - one, much commercial software uses open source; two, I am extraordinarily wary that we may lose pretty much all digital freedom to increasingly authoritarian societies - I sort of expect such licensing requirements to keep pushing that along and breaking any possibility of making modern technology less bad, instead burdening the field such that only major corporations may effectively contribute, and cutting off all funding to independent developers. It's already grim in that respect to be sure. Licensure feels like it is on the path to whitewash intense restrictions on computation in the language of protection and security.

Many big technology companies have zero ethics or desire for it. I only have faith in smaller groups and independent developers, and I don't want to stifle them if they have some path to come back and compete.

Hell, at this point my main computer is Linux, with a mixture of open source and donation-driven (this could be considered commercial!) software. My desktop environment is made by someone in a bedroom in Poland and it's better than anything Apple or god forbid Microsoft can ship. I would prefer to not have some licensing body to come and make it illegal for me to use that desktop and send this developer money so he can pay his rent.

OutOfHere 5 hours ago | parent | prev | next [-]

Software developers are fully capable of writing good quality software without a need for licensing, but managers and product people come in the way. If I had to write 5x tests covering every branch, my software would never complete.

What I suggest considering instead of licensing is a voluntary GAP (good authorship practices) certification for a project, unique to each approved programming language, comparable to GMP (good manufacturing practices) in the pharmaceutical and food processing industries. Customers should then develop a culture of licensing commercial software only if it has this certification. As for who will certify, on what basis, at what cost, and how will it keep up with changes in the real world, all of these are good questions.

OrvalWintermute 5 hours ago | parent | prev | next [-]

No doubt there are tons of lawyers & "certification and Licensure" companies & "nonprofits" of dubious value that have infested various software related industries salivating over the opportunity to get rent-seeking via broad regulated software "engineering" licensure.

sltr 4 hours ago | parent [-]

I don't disagree with this complication. One of the problems with Big Pharma is their regulatory moat.

Do you think it's rent-seeking that surgeons can exclusively cut open people?

morninglight 4 hours ago | parent | prev | next [-]

Software that could potentially endanger consumer safety should be 100% open source and subject to public review when released or modified.

phkahler 4 hours ago | parent | prev | next [-]

Does this do anything at all about enshitification? Data collection/sale? These are IMHO the primary areas software need fixed these days.

sltr 4 hours ago | parent | next [-]

PEs have a code of ethics by which to say, "I won't do that" and then some labor protections for that stance.

queenkjuul 3 hours ago | parent [-]

So all the tracking code gets outsourced

ta_20250925 4 hours ago | parent | prev [-]

> Does this do anything at all about enshitification

Yes, it makes it mandatory.

nextcept 5 hours ago | parent | prev [-]

Ahh yes, regulation... It's that insane people would suggest this especially now that anyone can build their ideas. Rather than wanting to regulate more, let's educate people how to research their vendors or providers better.