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NewsForge 'Previews' GPL3

Meltr writes: "NewsForge has an interesting sneak preview of the 3rd version of the GNU Public License. Among other things, RMS will make V3 more business friendly and will close the ASP loophole in V2. Check it out here." Now, take things with a grain of salt - RMS [?] doesn't feel comfortable calling this even a "draft" so there's much work still to be done. But's a good article, and interesting to see what's happening.

195 comments

  1. Re:Any questions about the ASP and linking issues? by flossie · · Score: 1
    If GPL software becomes so popular that it becomes difficult not to use it
    If GPLed s/w becomes this prevalent, then I think the need for the restrictive licence will cease to exist. However, we are a still a long way from that particular Utopia.


    -- flossie
    http telnet

  2. Re:Any questions about the ASP and linking issues? by Ded+Bob · · Score: 1

    Is public domain free?

    Yes.

    Public domain software quickly can be (and is) changed to proprietary licenses, which are most certainly not free.

    The public domain version is still free.
    The proprietary version is not. BTW, a GPL license counts as proprietary in the group sense.

    You are creating a notion of free that is impossible to attain, and then saying that GPL software doesn't live up to it.

    Incorrect. I am trying to define what free speech means. By placing restrictions (akin to censorship), GNU licensed software are not free as in speech. Therefore, they should not be considered free as in speech. Calling them anti-copyright licenses (copyleft) are quite exceptable. That is what they were written for.

    Those of us arguing against "free" software are arguing against GNU's notion of the word "free". I admit that I do not like GNU licenses; they are unfriendly to other open source licenses. I really detest the misuse of the word free just for appearances.

    Sorry, but people who actually care about Free Software aren't willing to render themselves impotent and their actions meaningless to satisfy a few people who can't understand that freedom is something you have to fight for.

    Whose freedom? The people or the software? If it is the people, then they should be able to "say" (write) any code they want. If it is the software, it should be able to be whatever it wants. This might be as a binary or an Artistic license if it so chooses. If you restrict its choice, you have restricted its freedom.

  3. Re:Any questions about the ASP and linking issues? by Frodo · · Score: 1

    I was talking about the "old" Qt license. The QPL version 1.

    --
    -- Si hoc legere scis nimium eruditionis habes.
  4. Re:My code is my property. by Tarnar · · Score: 1

    I'm printing and framing this. Convergence, with your permission as well, I'd like to republish this post of yours every time someone starts chirping about 'Communism' and what not.

    What say you?

  5. Re:Linking, Communication, and Licenses by roddixon · · Score: 1

    Good point, but it is also a good idea to close up the loopholes in the GPL as they become known. The ASP business model is a real potential problem.

  6. version clause a necessary evil by _|()|\| · · Score: 1
    So if you don't want your software to change with each new release, specify a version number!

    Don't do this unless you have to. The version clause makes your software more useful.

    Compare it to the clause of the LGPL that allows relicensing under the GPL. True, it lets someone make a more restrictive fork. Its intent is to allow linking with GPLed code.

    If you prefer GPL 2 to 2.1 (or 3, etc.), continue to release your own code under version 2, with the version clause. Include a note in the README explaining your wishes.

    If the BSD projects can avoid license forks, versioning the GPL shouldn't be a big deal.

  7. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 2

    Are you trolling me? You should know very well that when one downloads GPL software, they are bound only by copyright conditions, which allow them to make modifications so long as they aren't distributed, and that you can do so while specifically not agreeing to the GPL.

    Your scheme would require legal agreement up front, before the the software is downloaded, executed, or even before the source can be examined. Sounds like a click-through to me. (Not to mention a political nightmare and a removal of one of the supposed advantages of OSS(tm).)

    --

    When I hear the word 'innovation', I reach for my pistol.
  8. Re:GPL is evil by am+2k · · Score: 1
    Actually, I would prefer fuck you posts to your style of posts. An accurate "GPL is bad, because... example 1...example 2..." would contribute to the discussions.

    Those two examples are reality.
    Here's Apple's statement to Number 1.
    And the GPL prevented me to program an ICQ client for MacOS X, this one you have to believe me.

  9. Re:GPL ASP Loophole for Online Games by roddixon · · Score: 1

    Even if GPL-3 is released sometime soon, what about the current open source software distributed under GPL-2? I suspect some people may rely upon section 1 of the GPL since the ASP model "copies" software upon each use. GPL: 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

  10. Re:leave the GPL alone by Brett+Glass · · Score: 1
    In other words, "We had to burn the business in order to save it."

    Isn't it odd that every time a new restriction is proposed for the GPL, GPL proponents such as Perens claim that it will make software "more free?"

    This is only true, of course, in the Orwellian sense -- "Freedom is Slavery." The simple fact is that th GPL makes software non-free, and the new mutation is likely to make it even less free. All out of spite against anyone who tries to earn a living from software.

    --Brett Glass

  11. Re:leave the GPL alone by Bruce+Perens · · Score: 2
    Remember, the purpose of the GPL is to turn copyright law on its head through the use of copyright law. Now, technology has allowed people to circumvent the GPL and diminish freedom again. I want to see that fixed.

    I don't think you are one of the people who says I'm not free unless I have the freedom to make someone else a slave, but that's my analogy for what people are doing with GPL loopholes - just using them to make their improvements to a GPL program proprietary software again.

    Thanks

    Bruce

  12. Re:XML DTD's, and GPL'ed interfaces in general by Arandir · · Score: 2

    The only reason I can see for restricting a DTD or any other interface is pure spite. Using the bad but common analogy of free speech, why do you want to regulate the *manner* in which I speak? Public interfaces, especially those created in the Free Software Movement(tm) need to be completely unrestricted.

    Are you willing to let other people do the same? What would you think if you came across a Java interface or XML DTD that was placed under a GPL-incompatible copyleft? But it doesn't really matter, because I'll just ignore your restrictions and have the full protection of the law to do so, since you cannot copyright an interface to begin with.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  13. Difining distribution is difficult. by BubbaFett · · Score: 1
    This is a stream of consiousless mindless rambling rant...i'm not really trying to make a point...sorta just thinking outloud...

    I'm assuming the problem with ASPs is the user doesn't have access to the binary, therefore they don't have a copy of the program. But then...

    Say I give people logins on my box. They are essentially able to copy any GPL binary on my system, yet I never installed source? Am I violating the GPL by not providing means of getting source? If I modify some of the code on my box and let people use it who I've given logins...I never had any intention of distributing a derived work, yet people with logins can use it? I'm assuming since even though I'm not explicitly giving away derived software, people could indeed obtain copies of it without my knowledge, regardless of whether I care or not, and this violates the GPL?

    Now with ASPs we're letting people use software who can't see the binaries (if it's binary) or source code. Now if this doesn't violate the GPL, but the FSF thinks it should, then you have to define distribution in terms of use, ie. anybody who uses this software is entitled to a copy.

    How do we define what ASPs are? Should GPL web servers be included? (Apache isn't, of course, so we won't bother with the implications). Anonymous FTP? The difference between "servers" and "ASPs" is so incredibly fuzzy I wouldn't begin to think of how to draw a line between them.

    At work I have put up a rather hacked version of Neoboard. This thing has been extremely customized to work with my web site and authentication scheme. My customizations don't really add new features that anybody would be remotely interested in. I hacked it for myself. I don't think my users or the author would want to see what I've done to it. I don't think I should have to let them. I don't think the software is less free if I don't. Wasn't the whole point of the GPL to protect my freedom to hack it as I see fit? And if I chose to give or sell it (as opposed to letting them use an interface of it, regardless of whether they have unpromoted, unspecified access to copy the binaries) to someone, give them that same right? And now if I do that with GPL 3 software, I gotta give the code away? When I'm not making changes and handing out binaries? I'm just letting people use it. It just seems to me to conflict with what the FSF stood for in the first place: letting me make derived works and either keep them secret, or give them away with the same rights as I have.

    As I'm confusing myself, I'll stop now.

  14. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
    The goal here is to get source code distributed in cases where the program would have been distributed, except that it's being offered as a service instead, circumventing the GPL requirement for source code distribution. IMO, there are two ways to do this:

    Require source-code distribution as a consequence of public performance. Public performance is a right in copyright law that is distinct from use or distribution. Unfortunately, copyright law (in the U.S.) gives this right in connection with only some works, like moves, plays, and music, but not computer programs. That's just because copyright law lags behind the evolution of computer software. So, were we to assert a requirement for source distribution with public performance, it could be problematical simply because we'd have to prove that the public performance right is covered by copyright law for computer software.

    A more conventional way to do this would be to require source code distribution for a certain class of use, where the use is equivalent to public performance. People don't like use restrictions because of the way licenses have discriminated about types of use, typically licenses say things like "for educational and non-commercial use only". Of course that's not OSD-compliant. However, this particular restriction would be OSD-compliant because its purpose is to achieve a goal of the OSD: source-code distribution.

    Thanks

    Bruce

  15. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 3
    I am a board member of Telkel, Inc., which develops JBoss, a J2EE product currently under the GPL. So, I am dealing with exactly what you are talking about right now. I want to give people the right to put their proprietary programs in the container provided by JBoss, but I would prefer to see Telkel get improvements to JBoss back, and I'd like to see them able to run the program in a proprietary JVM. I don't see that the GPL makes such fine distinctions.

    I don't have a good answer for this yet - I think it will take a new license.

    Thanks

    Bruce

  16. Distributing GPLd programs with proprietary OS by air · · Score: 1

    One issue that is creating a lot of confusion and disagreement and for which RMS or FSF have not officially (at least i have not seen) taken a clear position on is distributing GPLd programs with a proprietary OS.
    If a GPLd program links to for example libc on a proprietary UNIX, my reading of GPL says that it is legal at least as long as they are distributed separately. But what is the situation when they are distributed with the OS (for example GNOME with Solaris or bash with MacOSX)? From what I've read, Apple's lawyers seem to think it is illegal and it was used as one of the arguments to why Qt being counted as an operating system library would not make distributing KDE with Linux legal. Even RMS has been claimed to agree on this.
    However, many seem to think distributing GPLd works, that link to the proprietary OS libs, with the OS is perfectly legal and for example the possible distribution of GNOME with Solaris in the future make it IMHO an important question that needs to be clearly answered.

    1. Re:Distributing GPLd programs with proprietary OS by Bruce+Perens · · Score: 2
      What if libc is Free Software? I think this might have been the case on the NeXT, but I have no evidence at hand. Certainly we could make GNU LIBC run on Solaris, at which point probably the boundary between free and proprietary would be at the system-call interface.

      I think it's a moot point because Sun is perfectly capable of distributing the desktop on its own CD that is a separate package but is generally added to an order.

      Thanks

      Bruce

  17. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 3

    The rationale is that ASP's are public performance, and copyright law grants no rights to the user for public performance.

    As it now stands, all free software licenses allow 100% public performance. The GPL currently grants this permission on the basis that it does not restrict *usage*. So the GPLv3 will indeed restrict usage (and the FSF will have to alter their free software definition).

    Restricting public performance while still calling the software "free" is bizarre. The words on the FSF pages look less and less like English, and more and more like orwellian gnuspeak.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  18. The future of Free Software. by senfman · · Score: 1

    How does the future of Free Software look like? To answer this Question we need to answer the question what Software actually is. We have things which everybody just called Software in the Past, like PHP Scripts and ASP Services. And we have some completely different, new Business Modells for Software. Some years ago you just had your Tools and some libraries. Today you have often component oriented Software(development). So you have new questions like:
    Is a Software free if some of it's coomponents are free.?
    The different kinds of Software are not the only problem the guys at GNU will have to solve. Internationalization is also a problem (i don't mean the internationalization of software). How can you make sure the new GPL will work in all countries around the world. This countries have different Copyright Laws, with different backgrounds.
    RMS & the Lawyers of Free Software have a difficult task to solve, because there are many new aspects descibing the word free software.

    1. Re:The future of Free Software. by Bruce+Perens · · Score: 2
      Actually, most countries are signatory to a copyright treaty called the Berne Copyright Convention. The ones that aren't, are indeed more difficult as far as enforcement is concerned.

      Thanks

      Bruce

  19. Hero or Villian by bcr001 · · Score: 1

    I think the point here is being missed. From a legal stance, almost all
    instances of dynamic linking could be argued a as "fair usage", in a court
    of law. Consider something like, the zlibc-0.9e, distributed on ftp.gnu.org
    and containing the GPL copyright (not the LGPL as I would think is more appropriate).
    That utility works is indescriminately overloading the "open()" function for all
    applications on a person's computer. It doesn't descriminate by license. If
    I have a program on the machine that has a copyright like:

    /* This is Bill's program. You may not modify this in ANY way what
    so ever. You may not view the source, run strace, or any attempt at
    reverse engineering, because this is mine, all mine, and nobody elses.*/

    It will just as happily, and siglently overload the open() function in that
    program as any other. It would be hard pressed to say that is even morally
    wrong, because presumably the program links to libc.so, which is distributed
    under LGPL. Consiquently, there is nothing prohibiting someone from replacing
    the open() function in that library. All the LD_PRELOAD trick is doing is allowing
    the user to do so without the inconvience of rewritting the libc.so library.

    Now consider a program that physically does a dlopen() to load a particular
    symbol... Presumably someone could just as easily put that dlopen() in a
    separate file that was LGPL'd. Unless we start saying LGPL code can't call
    GPL code, in which case we'll have to scrap the Linux kernel, there is really
    little to stand on from a legal stand point in saying it is illegal to do
    so.

    The real question is when is it moral to do so? Presumably someone with a
    couple of weeks on there hands, could go through every single GPL library
    and utility, and make an LGPL interphase, that in most cases would have
    almost the same efficency.... Would that person be viewed as a hero for
    releasing the software from a more restrictive copyright, or a villian
    for robbing the free software community from some of it's exclusive
    property?

    Bill

  20. How about the Hurd? by luckykaa · · Score: 1

    I don't think Linux wil cause a problem since I'm sure that it is restricted to GPL v2.0

    Doesn't HIRD use a bunch of GPL'ed apps + a BSD microkernel?

    I think the article missed the point somewhere. Or they just said what they said in a misleading way. If you prevent people from linking, then surely it ges both ways, and its illegal to run GPL'ed apps on a non-GPL'ed OS.

  21. Re:Versioning by Pflipp · · Score: 3

    I don't understand why people feel uncomfortable with this. Indeed, as is said in another reply already, even Linus Torvalds doesn't like the idea that the GPL can be dynamically altered.

    The current GPL clearly states that any newer versions will be in the same spirit, but that it may simply solve some problems with the current version, or make some vague sections more clear. Now, that's what we need! If someone detects a Great Big Hole in the GPL, the statement "or any newer version" is the only way how this can be plugged: by issuing a better version!

    Even if Microsoft buys the Free Software Foundation (why hasn't this happened yet, anyway), then they're still obliged to keep the GPL in the same spirit as it is as of today.

    I don't know how legally clear a line like "in the same spirit" is, however. But hey, maybe GPL v3 will be a little more clear about this ;-)

    It's... It's...

    --
    "We can confirm that Debian does *not* ship the version with the trojan horse. Our version predates it." [CA-2002-28]
  22. Not much of a sneak preview. by flossie · · Score: 1
    "I won't even have a first draft anytime soon" -- RMS
    An interesting article, but not particularly news-worthy yet.


    -- flossie
    http telnet

    1. Re:Not much of a sneak preview. by Bruce+Perens · · Score: 2
      Yes. The reporter was stretching a bit. I was hard pressed to generate a good quote for him.

      Bruce

  23. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
    In a time when we should start having modularized interchangable components instead of monolithic black boxes, the FSF has instead downplayed the use of the LGPL.

    I think there's something wrong with your paradigm.

    The object-oriented revolution has mostly not happened. Part of the problem is that black boxes don't work for software as well as they work in electronics. One can have interoperable components that are entirely proprietary, anyway, if black box interfaces are all you want. Where Free Software excels is the ability to snip code elsewhere than at the object boundaries. This is not the object-oriented model - we're getting behind the interfaces and messing with actual code :-) . Perhaps that's one reason for our success. And IMO, that's a good reason to do something that encourages people to make more software free, so that you can have more reuse, which is what the GPL does.

    By the way, yes, I'm an O-O programmer by choice.

    Thanks

    Bruce

  24. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

    I'm starting to doubt that this is the "real" Bruce at all! Of course you can own your own copy of the software! It is only a license that can take that away!

    When you buy a book, you own that copy. When you buy a CD, you own that copy. And when you buy software, you also own that copy. Only when you don't buy the software, but instead buy a license to it, is the copy not yours. This is one of the reasons that one-click licenses are starting to become more prevalent: because the US Commercial Code says that when one buys a shrink wrapped box, one also buy the complete contents, so manufacturers need to make their "agreements" more explicit, instead of unilaterally declaring that you are under contract.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  25. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
    RMS says that the GPL is a straight copyright permission. I know of one other attorney who disagrees, and points to language in the GPL that says "you indicate your acceptance" to make his point. What are you accepting if it's not a contract?

    Most other Free Software licenses do not shy from use of contract law. It may be necessary for the GPL to incorporate more contract law than it does today.

    Bruce

  26. Re:Any questions about the ASP and linking issues? by Bryce · · Score: 2

    If anyone wants to leave questions about it here, I'll answer them later today, and pass them on to RMS.

    Actually, I have a couple questions, although they're more philosophical than legal or technical. I'm running a project to create an online roleplaying game system, with source code under the GPL and all of the art, music, and game content released under the GPL and GFDL. The ideal we've chartered for ourself is the promotion and facilitation of Free Game Development, in the same spirit as the FSF promotes Free Software Development.

    Yet it has come to our attention that guaranteeing the freedom of our source code will be difficult. On several occasions we have been approached by individuals wishing to make use of our code and media for commercial purposes, and have stated emphatically that they "cannot" release the contributions they would make (for the usual reason given - because they feel they couldn't make money otherwise). Now, the uncomfortable fact is that either through dynamic linking or through the "ASP loophole", they can run our server code with their additions and charge for access without ever releasing a line of their added code, as nothing legally or technically exists to prevent that.

    But in discussing this with the other WorldForge developers I'm not so certain that there *should* be technical or legal preventions against this, for various reasons including one I'll outline in more detail below. The question I have been wondering and that I would like to get yours' and RMS' viewpoint on is whether or not we *should* be concerned about this? Since the GPL appears to allow keeping code secret either by not distributing the binaries, or by dynamically linking it, does this mean that it is morally okay to do so?

    What I worry is that if it is possible for individuals to take advantage of our code and not have to share their own contributions back, it may stifle the free environment we are attempting to establish. I suspect that if sharing was required, then assuming all commercial participants follow this rule the competition would be fair. However if it is possible to hold parts of the game system proprietary, then it will be seen (rightly or wrongly) as a competitive advantage to do so, and thus in spite of all the problems we all KNOW are intrinsic in hiding source code, they will take this route instead.

    Without the use of legal or technical means of ensuring the freedom, it would appear that we would need to fall back to reliance on "peer pressure" and tradition to ensure sharing of code. E.g., "blacklisting" companies that choose to use one of the loopholes.

    Now, there is a side issue and a second question which is, I suppose, one of the issues peculiar to games. While with "normal" software there is usually little or no reason to prevent ALL of the code, documentation, and content from being released openly, with entertainment software it is sometimes desired to keep parts secret not for commercial reasons but instead to preserve some degree of mystery. One might argue that with a book, one is expected to read the pages in order and not cheat by reading the last page, however book reading is a solitary endeavor; this would be more akin to browsing through the poker deck when your partner is off buying beers. Now, there are many arguments and counterarguments on both sides that can be made. But here is the question: Does the need for hiding source code for purposes of ensuring mystery pose a legitimate exception to the free software / open source principles?

    The approach we at WorldForge have been toying with is providing for "softcode" additions to the game, which are stored in a database and kept segregated from the primary game code, rather than encouraging use of the "ASP loophole" or dynamic linking loophole as workarounds. There are of course performance issues implied in using scripting rather than hard code, but we like this because it discourages hiding "too much" code.

    Now, I hope our concerns are not dimissed because "it's just a frivolous game". Game software can and has been used for many purposes outside of entertainment, including education, visualization, and communication, and the issues outlined above will be of critical importance in assuring that these non-game applications of the software can enjoy the same freedom that the original code is being given.

  27. Re:This will affect all current GPL-licensed softw by Anonymous Coward · · Score: 1

    The section on applying the GPL to your code is not part of the actual licence. Same with the preamble. The version 2 or any later part is a suggestion and applies only when that is added specifically to the code.

    Linus has made it clear that Linux (the kernel, not the OS that should be called GNU/Linux)is version 2 and version 2 only.

  28. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

    No, it isn't called stealing. Go get a dictionary. It is impossible to steal what is free.

    If you share something with someone but demand something back, that is NOT sharing, it is loaning. And with the GPLv3, the FSF is getting more usurious every day.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  29. Re:Communism and GPL by Art+Tatum · · Score: 1

    The point I am making is that community ownership is not enough to call something Communist.

  30. Re:leave the GPL alone by Bruce+Perens · · Score: 2
    I think you have it backwards. But you don't have to take my word on that. Ask the folks who make Qt at Troll Tech, who have applied the GPL to their library and continue to charge a royalty for use of the library in proprietary programs. They won't tell you that the GPL is spite against people who try to earn a living from software. They'll tell you it protects their profits!

    Bruce

  31. Re:XML DTD's, and GPL'ed interfaces in general by Bruce+Perens · · Score: 2
    We want to be careful about this, because we have cloned a lot of people's proprietary APIs claiming that it was fair use on our part. A DTD is a work, and is digital data, and you can restrict derivative works, but if someone creates a work-alike DTD using none of your bytes, you would probably not be able to restrict it.

    Probably the best effort in this direction so far is Sun's Industry Standards Software License, otherwise known as the SISSL, pronounced "sizzle" and not to be confused with the non-Open-Source SCSL. It allows proprietary derivative works as long as you publish an open reference platform that implements your changes. You might consider applying that to your DTDs, but I doubt it will protect you in all cases.

    Thanks

    Bruce

  32. Versioning by QuoteMstr · · Score: 2

    Hypothetical situation: RMS has a stroke, religious revelation, whatever, and decides to make a version of the GPL that changes its entire meaning. since most software these days "can be distributed under or any later version" or the license, that could present a problem.

    1. Re:Versioning by jonathan_ingram · · Score: 1

      ... which is precisely the reason that the copyright notice on recent versions of the Linux kernel has been altered - it now states that Linux uses the *current* version of the GPL.

      I could find the references about this, but I'm too tired to karma whore.

    2. Re:Versioning by Bruce+Perens · · Score: 4
      The FSF actually has a board and an administrative director. People like Miguel of GNOME fame are on the board. This issue is covered.

      Thanks

      Bruce

    3. Re:Versioning by Robert+S+Gormley · · Score: 2
      "I don't know how legally clear a line like "in the same spirit" is, however."

      Not clear at all. Very diffuse. Ever heard the phrase "the letter of the law versus the spirit of the law"?

      --

      Open Source. Closed Minds. We are Slashdot.

    4. Re:Versioning by Frodo · · Score: 1

      If someone detects a Great Big Hole in the GPL, the statement "or any newer version" is the only way how this can be plugged: by issuing a better version!

      No. That's the user who chooses which GPL version to use. So I can always use old version with GBH in it.

      --
      -- Si hoc legere scis nimium eruditionis habes.
    5. Re:Versioning by Random+Walk · · Score: 1
      One of the rarely mentioned problems of the GPL is that it is developed for the US law, but used by an international community. To my knowledge, there has been no lawsuit yet in Germany, but there is a group of lawyers who have analyzed the GPL (ifross). Unfortunately, their publications are in German only. One of their conclusions is that the "any later version" clause might not be valid under German law.

      From reading the argument, the implication seems to be that (in Germany) you could not legally redistribute GPL2 code with a GPL3 license if the GPL3 license would allow additional modes of usage. On the other hand apparently you cannot use GPL2 code for ASP in Germany if it was written before ASP was widely known...

      BTW, the "no warranty" clause is also not valid in Germany.

    6. Re:Versioning by have_fun · · Score: 1
      Now, that's what we need! If someone detects a Great Big Hole in the GPL, the statement "or any newer version" is the only way how this can be plugged: by issuing a better vesion!

      Duh! It does not solve the loop holes in GPL for already distributed software, 'coz the choice of the version of GPL is upto the user- not the person who wrote it or who initially distributed it

  33. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

    There is indeed a notion of "public performance" in copyright law. When you buy a video tape you can perform is privately for yourself and a few guests. You may not, however, perform it publicly in a movie theater.

    Once a licence starts to restrict a users runtime rights, it's no longer a "copyleft" and instead is more of a EULA.

    There is one small point in the GPL that does indeed take away a right already granted by copyright. And that is the right to use the work for the purpose of creating a non-derivative work. When I buy a hammer I receive no restrictions on what I build with it. But when I receive a GPLd library, like readline, I am under all sorts of restrictions regarding my end product. And the end product is most certainly NOT a derivative of readline! I am only referencing the library, and that is allowed under copyright.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  34. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

    Do you only need a few lines of GPL code? Then write it yourself, it shouldn't take long and you don't have to deal with the GPL at all.

    And thus the stallmanistas fall into a trap of their own making... By that logic *all* software is free! Don't like the Window's EULA? No problem! Just rewrite the sucker! I have just as much *real* freedom to use or not to use Windows as I do to use or not to use Linux. The only difference is that one is "open".

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  35. Re:GPL is evil by Art+Tatum · · Score: 1
    Installing = time = money = hurting people

    Well, I just don't agree. For one thing, I don't think many of Apple's customers will care one way or the other; most will just use graphical tools. Second, I installed BASH on my OpenBSD system the other day, and it took about a minute. Not so bad. I just can't see this as an evil attack on humanity.

    AFAIK the person that buys my product is allowed to modify my code and redistribute it. That's not acceptable.

    I don't mind it but if it bothers you, don't use it. I still don't see how this makes the GPL "evil" or how it stops you from developing proprietary software for Linux. But whatever; to each his own, as it were.

  36. Re:This questions deserves an answer. by Bruce+Perens · · Score: 2
    Yes, it is about 9PM here and I am still answering :-) I spent most of my time today being a daddy.

    Thanks

    Bruce

  37. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

    The "Free" in Free Software refers to the software itself

    Does software have free speech? Of course not! But free speech is what RMS says the "free" in "free software" is like. The software may be free in the sense that it is free from attached restrictions, in the same way that my carpet is free from dirt after I vacumn it. But it hardly has the freedom of speech.

    free 1. Not under the control or power of another; having liberty; independant

    This definition is obviously intended for *people*. Software cannot have liberty. It does not have any will. Applying that definition is just plain silly.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  38. I'll be a few hours in answering this by Bruce+Perens · · Score: 2
    We are going on a hike with the baby now. I'll get back to this later :-)

    Bruce

  39. Daemonizing Programs by QuoteMstr · · Score: 3

    Does this mean that RMS plans to make it illegal to communicate with a GPLd program over a socket? SysV IPC? Files? That's essentially what restricting GPLd daemons from communicating with non-GPLd programs without the non-GPLd programs opening up their source code would be.

    Oops, now it's illegal to put a Linux box on the internet, to use XFree86 (ooo, X, socket), etc.

    1. Re:Daemonizing Programs by Arker · · Score: 1

      The original poster misspoke. The GPL does not prevent linking with other free software - the MIT and BSD (as amended) licenses, among others, are perfectly compatible and can be freely linked.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    2. Re:Daemonizing Programs by Bruce+Perens · · Score: 2
      If he did that nobody would actually use the new license. He can't do something that heavy-handed, it would not work to maximize freedom.

      Thanks

      Bruce

    3. Re:Daemonizing Programs by QuoteMstr · · Score: 1

      Because Not All The World Is Under The GPL, and other people can choose to use difference licenses. I'd *like* Nader to win, too. Does that mean I stop associating with, speaking to, and reading about all people who want to vote for Bush or Gore?

    4. Re:Daemonizing Programs by Anonymous Coward · · Score: 1

      It is not illegal for everybody, if you are releasing code that you want people to build on top of, you can add an exception saying that programs that depend on this program won't fall under the GPL. (Or use the LGPL 3)

      The idea isn't to cover web servers and RPC servers, etc. The idea is that you cannot change a program to use sockets and IPC toget around the GPL, not to add restrictions to GPL'd software.

      Example: My company has a lot of experience at writing optimizing compilers, and I want to go to Linux now. I would have to parse all the GCC extensions on the headers, which is alot of work since I have to rewrite a parser, etc.
      So, I go ahead and take GCC and insert a pass whereby it puts the whole internal representation in shared memory and calls a RPC method on my (closed source) binary. Then I sell the binary and this modified version. If somebody asks for source I give them the GCC sources but not my binaries'. This puts me at an advantage with respect to the other companies which are releasing source to their changes.

      Evantually all companies get tired of it and start distributing closed source binaries like I do.

      And that, my friend, is the end of Free Software (and open source too). And that is why RMS is working on it. He's worked his whole life to make free software happen and he's going to protect it even before this happens.

      Oh, and if you don't like GPL 3 you can distribute your source under GPL2 only like Linus does.

  40. Interview by FnordLord · · Score: 2

    We need a Slashdot Interview with RMS with regards to GPL v3. This would be a good chance to get some of these questions answered!

  41. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

    Where do you guys get your twisted and corrupt definitions of freedom? Freedom means the absence of restriction. But killing someone is restricting them! Can't you get that through your head?

    In a truly free society, I can do *anything* I want within my own domain. I have no rights to you or your domain. There is no need to place any restrictions on me in order for you to be free.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  42. Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 4
    I'm not RMS, and not even an FSF official, but I've been working on this issue on my own for a year or more. If anyone wants to leave questions about it here, I'll answer them later today, and pass them on to RMS.

    Thanks

    Bruce

    1. Re:Any questions about the ASP and linking issues? by Anonymous Coward · · Score: 1
      My big concern is interoperability.

      From the little I know (and I could be totally wrong on this point), it doesn't seem that RMS is too concerned with the ability of non-GPL'ed code to interact well with GPL'ed code.

      Supposively the GPL's primary purpose is to protect the rights of the users. Most people have a mix of GPL'ed and non-GPL'ed software on their machine. (/. is not an "average" sample.) What people have called the "viral nature" of the GPL presents problems with getting software that can work between the two types of programs.

      I know that the LGPL exists for that purpose, but my concern is that the FSF has backtracked on the LGPL. In a time when we should start having modularized interchangable components instead of monolithic black boxes, the FSF has instead downplayed the use of the LGPL.

      I've read the GNU website, and I understand their reasoning for it being the "Lesser" rather than the "Library" GPL. (Certain Free Software library functions provide functionality that you can't get otherwise - the liscence for them should be GPL not LGPL to encourage the proliferation of Free Software.) But from a corporate standpoint, such restrictions will most likely not induce the company to release the code as GPL, if they weren't thinking of it before. More likely than not, they'll just rewrite the functionality under their own (closed) copyright - even if the user would benefit from having them use the GPL'ed code.

      Some thoughts: First, it is obvious that if you use/modify GPL code you need to keep it under the GPL. The question is what should happen if you write other code above/ below/ beside it? From strictly a user's perspective, if you need to have the other code to use the product, it doesn't do you much good to have the GPL'ed source code. But, the GPL'ed code can be usable without having to make everything GPL'ed.

      As I see it, a user should be able to recompile the GPL code completely. (So that he could make changes to it if he wants.) So, assuming the user has nothing of the GPL'ed code but the source code, the user should be able to recreate the program from the materials provided. The distributer should be able to provide binary versions of other code (that the distributer holds the copyright to), as long as the user would not need the source code of those binaries to rebuild the program from the GPL'ed source (which may have been modified.)

      The dynamic linking clause of the GPL does attempt to cover this, but in my (IANAL) opinion, it focuses too much on the the *methods* by which the GPL'ed and non-GPL'ed code interact. Tomorrow someone could potentially come out with a new programming system which could fall under the above, but runs afoul of the GPL.

      The key factor here is PORTABILITY. If you (or the GPL) concentrate to much on the mechanics of *how* something works, it tends to become unusable on any system other than the one it was designed for. Instead, you concentrate on *what* you want to do (or allow/forbid), not *how* it gets done.

      I'd also caution how the GPLv3 draws the line with regards to the ASP issue. How would it affect other issues? If you put the HURD on an embedded system (say a pocket watch), do you have to distribute the source code to everyone who buys the pocket watch? What if you're an administrator at a college campus? Do *you* have to distribute the source of EMACS, just because a programming class uses it as an editor? What happens if you modified it slightly to work on you network? (probably to interface with non-Free hardware/software that the administration requires you to have.)

      The answers to these questions could very well determine how well recieved the GPL is in the comming years, given how componentized, distributed and multiuser applications are the "next great thing."

      Despite the large amount of wonderful software availible from the FSF, their resources are limited. The best hope that the FSF has to still be around looking out for user's rights in the future, is to convince others (specifically corporations) to adopt the Free Software model. Corporations do this much more readily if a) the GPL doesn't put any undue restrictions on them and b) the wording of the the GPL doesn't frighten them off. (Corporations by their nature are very skittish beasts.)

    2. Re:Any questions about the ASP and linking issues? by AndrewHowe · · Score: 1

      "not contribute anything back."

      Well, there's the problem. The GPL forces you to contibute everything back. That's hardly fair, when you use a few GPL'd functions, and you end up having to give away your entire source tree. In fact, that's almost you stealing from me, but I guess I can choose not to use the GPL.

    3. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      DMCA attempts to create a class of programs that can not legally be free software. This seems to be succeeding so far and is incredibly bad news for us.

      UCITA does not allow all warranties to be waived when software is sold. Sometimes, free software is sold, and the seller has a right of recourse back to the author if he is sued for damages. This could make it economicaly unfeasable for authors to distribute free software.

      These problems are a lot bigger than linking and the ASP problem. I don't have much to say about how those two laws effect those specific problems, sorry.

      Thanks

      Bruce

    4. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 2

      I'll conceed the point that modified GPL software requires that the author agrees to the contract. However, the requirements for modifications only under GPL2 are pretty minimal: some dated source code comments and that you won't remove any interactive notice.

      On the political face of it, it seems to me like a seriously foolish move to require source disclosure on all modifications because it basically destroys the OSS advocate point that you have total control over your own software in favor of the communalist Free Software idea. Don't destroy your coalition because you can.

      My take on ASPs is that they are just another garter group flash-in-the-pan nitch with the same 'innovative' business model that EDS had in the 1960s. Meanwhile, I see Java developers crying tears of blood over the GPL situation on this thread, and with my limited experience with Java, it's already become a issue. Meanwhile Microsoft, IBM, and everyone else is getting ready to roll out network aware platforms. I hope the GPL3 is ready for this coming network-distributed situation, and isn't hung up fighting some old battle against the timeshare/dumbterm systems, if only because of the practical reason that I might want to run GNU grep on MS.NET.

      --

      When I hear the word 'innovation', I reach for my pistol.
    5. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      On second reading, perhaps I have mis-understood your argument?

      What do you think the difference is between reusable modularized components and objects that are themselves black boxes? Do you say "monolithic" because the internal objects are all stuck together, or because the objects do not expose their own internals?

      Thanks

      Bruce

    6. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      If you share something and demand that the other party share as well, that is not sharing?

      I'd like to see logical argument on this point.

      Thanks

      Bruce

    7. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 2

      Well, computer software copyright law has the concept that running a program (i.e. copying it into RAM and executing it) is "fair use" and is not covered by copyright restrictions. As far as I know, there's no distinction between running software "publically" or privately in software copyright law.

      Currently the GPL does not infringe on any "fair use" rights of the user. In fact, it grants more rights than normal copyright would. Once a licence starts to restrict a users runtime rights, it's no longer a "copyleft" and instead is more of a EULA.

      --

      When I hear the word 'innovation', I reach for my pistol.
    8. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      I think of it this way:

      Here is my code, which I offer to share with you and everyone. If you would like to share code with me, share with me and everyone any derivatives that you make of my code. That is sharing like-for-like, and only fair. If you can not share your derivative of my work, I'm sorry, but I am only interested in sharing and do not wish to give you my code with no strings attached. Do not make derivative works of it, but you may still run it, and redistribute it, as it is.

      Thanks

      Bruce

    9. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      The TCP/IP in BSD is derived from one written by BBN under an ARPA contract. Of course this was long before MS got involved, and was explicitly written as part of the creation of the Internet.

      Many proprietary TCP/IP implementations come from the BSD one, I don't know the provenance of the Microsoft one.

      Thanks

      Bruce

    10. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      Anyway, you only have to distribute the source if somebody asks for it. This is no great hardship.

      Thanks

      Bruce

    11. Re:Any questions about the ASP and linking issues? by logicnazi · · Score: 2

      This seems quite complicated. Clearly we cannot say that if a GPLed service is required for your program to run you must release the source...after all we want to allow people to make closed source releases on open source operating systems otherwise we won't have any games to play.

      The problem becomes what is a reasonable service to provide? Someone above mentioned the case where gcc is modified to output their internal representation of the parsing structure. What if I just saved this representation to disk and then loaded it from my program? The only way this could be illegal (as my program is in no way covered under the GPL) is if the original modification is not allowed.

      Public performance might be stretched to cover services offered via the web or some such but surely could not cover the private use of a save file. If all we get out of this process is that companies who want to pull these kind of stunts resort to using save files rather than sockets (and claiming that IPC on your personal machine is a public performance is kinda sketchy) we haven't gotten anyware.

      The other option is that certain modifications to a GPLed program won't be allowed if the FSF doesn't find them usefull. Maybe I teach a class in cpmilers and I find dumping gcc's internal state to be useful for educational uses. Or maybe I just think its a cool thing to do. Whatever the case free software is about hacking and I should be free to commit this hacking even if the FSF doesn't find it usefull! But if I can make this defense in my modifications of gcc big company X can just stand up in court and claim they thought it would be nifty to release such a tool...moreover I am not clear if the law allows one to distinguish between the motivations for releasing a product...if it is legal for one person it might be legal for another regardless of differing motivations.

      Once they have released the GPLed product users may use it and do whatever they wish with the non-copyrighted output...including running it through a non-GPLed program.

      --

      If you liked this thought maybe you would find my blog nice too:

    12. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      No, don't refrain from using it. If that sort of licensing bothers you, just refrain from putting your own work under the same license. I generally would do BSD-license work if paid to do so, GPL and LGPL otherwise.

      Do you really think that the X11 authors, who put that "anything goes" license on their software, would want you not to use it if you don't like "anything goes" on your own code? No, sorry. It happens that Jim Gettys, one of the two creators of X, works on GNOME now.

      Thanks

      Bruce

    13. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      I think there are some problems with GPL Java work, although in practice you get the same thing that happened with KDE - the problems belong to the copyright holders, who aren't about to sue themselves. They could, however, sue you for distributing their own software, which is what used to sour Debian on KDE.

      I think we will see Java under GPL eventually.

      Thanks

      Bruce

    14. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 2

      IANAL, but here goes (from http://www.law.cornell.edu/copyright/copyright.act .chapt1b.html):

      Sect. 117. Limitations on exclusive rights: Computer programs
      Notwithstanding the provisions of section 106 [17 USCS Sect. 106], it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

      (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner


      So lets look at "17 USCS Sect. 106" --

      Subject to sections 107 through 120 [17 USCS Sects. 107-120], the owner of copyright under this title [17 USCS Sects. 101 et seq.] has the exclusive rights to do and to authorize any of the following:
      ...
      (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly
      (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.


      You'll notice that computer programs are excluded from "17 USCS Sect. 106", so there is no special law covering public "performance" (or "utilization") of software. (I think the GPL is perfectly clear on the library issue, but that is more of a programmatic issue than a runtime restriction.)

      --

      When I hear the word 'innovation', I reach for my pistol.
    15. Re:Any questions about the ASP and linking issues? by Arandir · · Score: 2

      Wow! That's a pretty big loophole!

      So apparently, copyright law grants the user the right to make public performances. Thus, a GPL v 3 may possibly be taking away a right of the user! Richard, think this one over carefully...

      I think the GPL is perfectly clear on the library issue, but that is more of a programmatic issue than a runtime restriction.

      There are very good arguments on both sides. But they both can't be right :-)

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    16. Re:Any questions about the ASP and linking issues? by Ian+Bicking · · Score: 2
      No, it isn't called stealing. Go get a dictionary. It is impossible to steal what is free.
      You are confusing free beer with free speach -- though in a manner more subtle than usual. The "Free" in Free Software refers to the software itself -- that it is freed from proprietary restrictions. The GPL makes the software free not just in the original form, but in all derivative forms. It doesn't mean you are free to use it how you want. You are not allowed to make the software unfree -- if you were, the software would not be as free as possible.

      The GPL tries as best it can to ensure the freedom of software. Part of protecting this freedom is to counteract the selfish hoarding of software. Anything less wouldn't ensure freedom.

      And maybe you should read a dictionary (Webster's 2nd edition): free 1. Not under the control or power of another; having liberty; independant

      If the GPL claimed to create "Software For Free Use", then yes, that would be incorrect. Or "Software That Is Free From Restrictions". But Free Software is neither of those and has never claimed to be.

    17. Re:Any questions about the ASP and linking issues? by flossie · · Score: 1
      What if you're an administrator at a college campus? Do *you* have to distribute the source of EMACS, just because a programming class uses it as an editor? What happens if you modified it slightly to work on you network?
      I don't really think that this would be as great a burden as you imply. Leaving the patch in a publicly accessible part of the network would probably satisfy any requirements of the GPL in this case (and a pointer to the Emacs dowload site maybe?). I'm also not entirely sure if the GPL would actually apply in this case; allowing users to run an application on your own network is arguably not distribution, so copyright law may well not apply.


      -- flossie
      http telnet

    18. Re:Any questions about the ASP and linking issues? by Fnkmaster · · Score: 3

      Bruce,
      I think linking is fundamentally unclear in GPL v2. I've heard people extol the lack of clarity, but I think it makes some people nervous to have code out there under a license that requires interpretation by everybody who uses it.

      This is my own personal bias, but as an author of a lot of Java programs and a professional Java developer who writes and has released GPLed code and writes a lot of non-Free code for money, I worry whether or not I am linking to code by using it in certain ways. And there is an increasing amount of GPLed Java code out there, so I think this is relevant to a lot of people.

      You mention dynamic linking, CORBA and daemons in your quote. In the Java world, we have RMI (am I linking if I call a method or use an object redirected through socket services and not located locally on a machine?) What about interfaces in Java? I can have GPLed code that implements a Sun-specified (and thus non GPLed) interface (for examples you need only look at a GPLed implementation of JMS, of which there were some although they may have switched to BSD-style licensing for exactly these reasons). And what about deeper decoupling mechanisms like MOM-style messaging? If I pass an XML message to a remote, decoupled module and get a reply back, all I've done is thrown XML out there and gotten XML back. Is that linking? And what about JINI and other service oriented tools. Is using a remote service considered linking (this sort of bridges the ASP and linking issues... I certainly think people should have to release changes they make that they are using in a service-style offering, but I think it would be unwise and limiting to ban non-GPLed clients to request things from GPLed services. Hell, HTTP is request-reply over the network and nobody would say a GPLed client can't connect to a non-GPLed server or vice versa. The only change here with messaging systems or other networked service offerings is that the data is structured and machine readable (i.e. XML) and that can even be pushed over HTTP.

      Hope I didn't get carried away, but you see the new world of networked programming presents a LOT of challenges to the GPL. There is a blurry line there that needs to be clarified. I see some Java projects (especially J2EE related) that have given up on the GPL and moved to licenses like MPL and BSD-style for exactly these reasons. There are a lot of Java developers who would love to GPL code if this stuff was clarified. Thanks, Bruce, and I hope this is useful.

    19. Re:Any questions about the ASP and linking issues? by flossie · · Score: 1
      The developer is not forced to do anything. If the developer chooses to make the software available under the GPL, as much freedom is assured to future recipients as the initial recipient gets. What freedom are you giving someone if you don't give them the source code?


      -- flossie
      http telnet

    20. Re:Any questions about the ASP and linking issues? by AndrewHowe · · Score: 1

      I think the problem lies with the definition of a "derivative work". In the case of the GPL, this means that no matter how much GPL'd code I use, my whole product is a "derivative work".

      Now, I'm a game programmer. I have a huge amount of closed source, and I don't particularly want to give it all away (perhaps some of it, when the time is right). Suppose someone writes a GPL'd library that makes it easier to port my game to Linux. If I use that library, then my whole game becomes a "derivative work" of that library.

      Excuse me, but that is plainly ridiculous. If I modified the library itself, maybe optimised it a bit or added some useful functionality, I would happily share those modifications with the community. Giving you a codebase that represents over ten person-years of work is a completely different matter, and I can't see it as "sharing like-for-like".

      I guess I see the situation in a similar way to you, but we are coming from different directions. I would really like to share more, but I don't think the GPL is fair. I am acting honourably in that I do not use GPL'd source against the wishes of the authors. I just think that the GPL is not helping to bring open and closed source developers together. (Well, of course, it's not supposed to. The GPL is about Free Software, not Open Source...)

    21. Re:Any questions about the ASP and linking issues? by toppk · · Score: 1

      Bruce,

      Are you aware the jboss is switching over to LGPL? They have announced their intent to do so a couple days ago.

      Here are my concerns:

      1) Clarity between business (ie: proprietary software) and general purpose software. ASP additions are likely proprietary to the business that they are in. If they keep their changes private it is because the software changes they have made give them a competative advantage.
      I see "closing the ASP loophole" as a restriction of usage to being: "this software cannot be used for proprietary purposes". That isn't freedom. I understand the ElectricFence vs. Be Inc. case, but I don't see where an ASP (ie: a business selling a service) must be forced to disclose.

      The lack of vision was clear during the "One Click " patent war. This doesn't prevent any software from doing this, only from other businesses from doing this. No one from free/open software groups said anything about this. at all. very disturbing.

      2) There are alternatives for many GPL'd software, and I hope that GPL doesn't become more of an affront to businesses using them.

      Take gtk+ for example. Do you think that sun/hp would consider taking gtk+/gnome on, if all the libraries were GPL'd?

      RMS has stated (in particular when renaming LGPL) that LGPL should be used less and less to put the squeeze on comercial software developers... Well, it also puts a squeeze on BSD license free software developers and we all lose. The three GPL libraries of fame (gettext,getgetopt,readline) will be replaced with LGPL or other replacements. getopt is already gone with popt, gettext will be phased out starting in less then 12 months, and readline will hopefully just go LGPL. The shame of it all, is that readline going LGPL would have made users lifes better... I'm constantly frustrated at FSF when non GPL software (not always commercial software) doesn't use readline because it's GPL, and they aren't.

      Does anyone besides RMS see more LGPL software as a threat? I certainly don't. I think that it has only encouraged more LGPL/GPL software being created.

      3) "linking" - yes. This needs to be cleared up, but so does distribution. If ASP are considered distributing, then wouldn't intra-organization? More attacks on business

      4) Legality of GPL. No one mentions that GPL doesn't make my changes GPL, it just allows me to continue using the GPL software (ie: the "viral" nature is in the LICENSE, not in the copyright). You cannot copyright someone elses works, only refuse usage of the GPL software unless certain conditions are met (ie: patches under GPL/LGPL too).

      5) Free software on non-free platforms. RMS has stated if linux were around when GPL was created, that he wouldn't have allowed GPL software to exist on non-free platforms. That's horrible, gcc is a better program because it's useful for more people. Is it not possible to write a GPL program with non GPL software (ie: motif, MFC, etc)? That's a big pity, as it would close of a lot more development of software. I mean, if this made clearer in the next revision, and it isn't made permisable, then people will simply drop GPL and move to a license that makes it clearer (and permisable).

      Finally, I'd like to say, that as one person who has "brought" linux into serveral organizations, that I cannot risk using GPL software that I might have to disclose our changes. If the license turns bad for ASP, I will review all software licensed soley under this new version, and _not_ use it if there aren't commercial counterparts. The freedom to _use_ software as one see's fit is very important to a lot of people, and free software might lose out if they don't make themselves aware of it.

      Yes, I've ranted on a bit, but the new license concerns a lot of folks, and I'm a little more then concerned about GPL libraries, and your continued hope to end the "ASP loophole". I hope that the state of the "free software" revolution is taken into account, and what effects each loophole closing will take.

      But I'm glad that RMS has stated that he will consult free software developers. Hopefully he considers freebsd/apache developers freesoftware developers and also will consider the public (ie: the people who pay the bills of the developers, give free software market share) into account too.

    22. Re:Any questions about the ASP and linking issues? by Frodo · · Score: 1

      To take improvements back - means something along the lines of Qt license. Qt license is GPL-incompatible, means you cannot touch any GPL code in your works.

      --
      -- Si hoc legere scis nimium eruditionis habes.
    23. Re:Any questions about the ASP and linking issues? by Ded+Bob · · Score: 1

      I am sorry, but you are confusing free beer with free speech. I can say whatever I want. If someone decides to say something similar or identical to what I said, they would be using the principle of free speech. No beer is involved.

      As long as I do not place restrictions on what they say or how they say it, it is still free speech. Once you start going down the road of restrictions, you come upon censorship. The GPL is the equivalent of censorship in the software world.

      And maybe you should read a dictionary (Webster's 2nd edition): free 1. Not under the control or power of another; having liberty; independant

      Reread that definition. GPL'd software is under the control of the GPL. That is hypocracy.

      Their is no such thing as "free" software in the context that the GNU uses. If it were truly free, no person or license would have any control upon it. Since it is under the control of "another", it is not free as in speech. It is free as in beer but not in speech.

      What do you not understand? I am being serious; this would not intended to be sarcastic.

    24. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 1

      EMACs on a college network is a good example of why the so-called "ASP Loophole" really isn't anything new. Stallman must have had seen this issue back in the 80s as the "Timesharing Loophole", and the GPL doesn't accomdate it.

      (At least under US copyright law, it's clear - running a program is not "copying" or distribution, so long as you aren't copying it across the network to run.)

      --

      When I hear the word 'innovation', I reach for my pistol.
    25. Re:Any questions about the ASP and linking issues? by QuoteMstr · · Score: 3

      Since the output of a GPLd program is not forced to be under the GPL (e.g., gcc), and the GPL covers distribution, not use, then restricting ASPs would be impossible, since they merely use the output of a GPLd program.

      One of these two things must go to restrict ASPs. Which one?

    26. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      But you don't have a right to posess a copy of the program at all without a license. In order to get that right you accept a license that is a contract that can restrict rights you would otherwise have had.

      Thanks

      Bruce

    27. Re:Any questions about the ASP and linking issues? by King+of+the+World · · Score: 1
      What happens when it's not a choice? In the same way that it was not a choice for many large OEM vendors to pay a windows tax? If GPL software becomes so popular that it becomes difficult not to use it in order to do whatever you want (yes, of course conflicting with the GPL for some people) then it would be interesting to see the courts turn over the GPL.

      Or at least some key pieces of software under the GPL.

    28. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      It would be a mistake for FSF to get into judging the usefulness of your modifications. You won't see that happen.

      Someone above mentioned the case where gcc is modified to output their internal representation of the parsing structure.

      The GPL covers this:

      the output of the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the program).

      Thanks

      Bruce

    29. Re:Any questions about the ASP and linking issues? by jguthrie · · Score: 2
      AC wrote
      Because a company, such as Microsoft can take your work, modify it, not contribute anything back. That's called stealing.

      No, that's called the consequences of giving your work away. Accepting the consequence of one's actions is what adults do. In actual fact, however, that situation is highly unlikely to occur in practice. Consider this:

      Suppose there's some software that accomplshes some useful purpose and is under active development. For the sake of argument, assume that said software is available under the BSD license which doesn't have a redistribution provision, like the GPL does. Now, suppose that a company modifies the software and then releases it as its own proprietary software. What happens?

      Well, since the software is under active development, the company didn't get the source. Instead, it got a snapshot of the source. Presumably, future versions of the freely-available software have various defects fixed and useful features added. In order to stay competitive with newer versions of the free software, the company has to choose between continuously porting the free software, releasing their changes back to the maintainers, or giving up on using the free software.

      The cheapest route is to release their changes back to the guys who maintain the free software so that those changes can be automatically included with all new versions. In the case of an ASP, where most of what the company does to add value for its customers has to do with business practices rather than the software itself, you don't even lose revenue by releasing your changes.

      To a company that picked either of the other two approaches, I would be tempted to say that if you're going to be doing all the work needed to keep up with the free development, you can have the credit, too, as you'll likely have to work at least as hard as the maintainers of the free version.

      For what it's worth, (which is, I admit, not much,) I oppose the proposed new GPL because it tries to solve a problem through a legal document that market forces would solve just as well. Messrs Perens and Stallman are all upset about what should be a non issue.

    30. Re:Any questions about the ASP and linking issues? by AndrewHowe · · Score: 1

      Whoa! Nice Ad Hominem! Shall we proceed directly to the flaming?

      Anyway, like you said, it's a matter of balance. Well, hey, if I only needed a few lines why don't I just steal it? In fact it probably falls under 'fair use'. Maybe I want a few more lines though. Maybe I actually want to participate in Open Source.

      I agree that is only right that I give back modifications. But that's not what the GPL wants. I would willingly give back my improvements to GPL'd source, but it needs to be a fair exchange. As a Closed Source developer, any involvement with GPL'd source is going to involve me giving unreasonable amounts of my code to the community, with not much in return.

      The LGPL is fine, and if I made modifications I would of course give them back to the community, but the GPL is asking too much.

      Please try to imagine that I'm someone who disagrees with you, not someone who does not understand the issues involved. Perhaps that way we can have a more meaningful conversation.

    31. Re:Any questions about the ASP and linking issues? by Ian+Bicking · · Score: 1
      What do you not understand? I am being serious; this would not intended to be sarcastic.
      I don't understand what would possibly meet your definition of free. Is public domain free? It certainly doesn't look like it to me. Public domain software quickly can be (and is) changed to proprietary licenses, which are most certainly not free. You are creating a notion of free that is impossible to attain, and then saying that GPL software doesn't live up to it.

      Sorry, but people who actually care about Free Software aren't willing to render themselves impotent and their actions meaningless to satisfy a few people who can't understand that freedom is something you have to fight for.

    32. Re:Any questions about the ASP and linking issues? by Ian+Bicking · · Score: 2
      Does software have free speech? Of course not!
      Does speech have free speech? Of course not! Do these petty semantics mean anything? Of course not!

      Software can have liberty, by not be tied down (now or ever) in a system of false scarcity, obscurity, and selfishness.

    33. Re:Any questions about the ASP and linking issues? by DeVilla · · Score: 1

      Bruce, do you know how much attention has been payed to cron files, boot script, and other configuration type files while patching the ASP loophole? Specifically, since most programs tend to come with default config files that tend to be distributed under the same license as the program itself, would a user be forced to release modifications to such files.

      I could see cases were someone would not want to be forced to release their crontab, rc.*, inetd.conf, etc. simply because he edited them and went on the net. It would be near impossible in most case to write your own from scratch without plagiarizing since the samples often times are the only documnentation.

      Is this even addressed? I would imagine that most of the config files in a linux system are effectively GPL since people rarely give separate license for the config files in a package.

      Thanks,
      Dan

    34. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      The Qt license is the GPL now. The QPL 2.0 license, which I think is what you are talking about, is also available if you don't like the GPL.

      To take improvements back - means something along the lines of Qt license.

      I wasn't able to make any sense of that. Can you restate it, please?

      Thanks

      Bruce

    35. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      This is a really good point. You don't want this to be used to abuse, as in "this 20,000 line script is a config file and I don't have to disclose it", but you don't want to force people to disclose their /etc/shadow file, either. I've not dealt with this issue before.

      Thanks

      Bruce

    36. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      Yes, I told the Telkel folks that the LGPL would be a better idea for now.

      The lack of vision was clear during the "One Click " patent war. This doesn't prevent any software from doing this, only from other businesses from doing this. No one from free/open software groups said anything about this. at all. very disturbing.

      You may have a misconception about patents. If it's a business-system patent, you have to license it even if you are a non-profit organization or an individual using the principle. I can't think of anyone else who would run a program :-)

      2) There are alternatives for many GPL'd software, and I hope that GPL doesn't become more of an affront to businesses using them. Take gtk+ for example. Do you think that sun/hp would consider taking gtk+/gnome on, if all the libraries were GPL'd?

      GTK+ was explictly made LGPL so that proprietary programs could use it. Qt is GPL but a commercial license is available. Both seem to be acceptable to business. In the case of Qt, GPL actually makes it possible for Troll Tech to make money from proprietary software. This is hardly anti-business.

      Does anyone besides RMS see more LGPL software as a threat?

      It's a threat in the case of software patents, as are most licenses other than the GPL. LGPL code can be linked to code that you would not have a right to use without a patent license, and the patent can be used to keep the patented principle from being implemented in LGPL code. In general, software patents are bad for Free Software. Other than that, it's not a threat, but one should consider when to use it. In general, I put my work under the GPL because I want modifications back.

      3) "linking" - yes. This needs to be cleared up, but so does distribution. If ASP are considered distributing, then wouldn't intra-organization? More attacks on business

      It was an ASP business that asked me to work on adding ASP-model source distribution to a Free Software license. That would allow them to make their software Free while staying in business. If they can't get the modifications back from their competitors, they won't make it Free at all. This is just one way in which the GPL is pro business.

      4) Legality of GPL. No one mentions that GPL doesn't make my changes GPL, it just allows me to continue using the GPL software (ie: the "viral" nature is in the LICENSE, not in the copyright). You cannot copyright someone elses works, only refuse usage of the GPL software unless certain conditions are met (ie: patches under GPL/LGPL too).

      I think people do make that point. And it's why I think the GPL doesn't force anyone to free their software. They have to choose to derive from your work, knowing that free software is one of the concequences of that choice.

      Is it not possible to write a GPL program with non GPL software (ie: motif, MFC, etc)?

      Yes, you can include non-free components that are normaly distributed with the OS or compiler, as long as the resulting work is not distributed together with the OS and compiler.

      I cannot risk using GPL software that I might have to disclose our changes.

      OK. But under those terms, I don't want you as the developer of a derived work of my GPL-ed software. And the license lets me enforce that. You do have other choices, and of course I have the right to say "no".

      Thanks

      Bruce

    37. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 2

      Right. The current GPL (unlike a EULA) doesn't restrict one's actions in any way when running a program. One also is not required to agree to it to recieve a copy of the software.

      Your proposal would restrict runtime rights and would only be enforacble if the terms were agreed to before the distribution happened. (Meaning that it would require a click-through EULA. That is a correct reading of your post, no?)

      I know ASPs can be a sore point, especially considering that people are predicting that they will become very popular. But really, there's not much difference between an ASP and the timeshare services which existed long before GPL2 was written. The GPL survived timesharing, and it should be able to survive ASPs without fundementally changing it by turning into a EULA. I would perfer that you focused your considerable efforts into clarifying the CORBA/RMI/DCOM/SOAP/RPC distributed computing situation.

      --

      When I hear the word 'innovation', I reach for my pistol.
    38. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      What I worry is that if it is possible for individuals to take advantage of our code and not have to share their own contributions back, it may stifle the free environment we are attempting to establish. I suspect that if sharing was required, then assuming all commercial participants follow this rule the competition would be fair. However if it is possible to hold parts of the game system proprietary, then it will be seen (rightly or wrongly) as a competitive advantage to do so, and thus in spite of all the problems we all KNOW are intrinsic in hiding source code, they will take this route instead.

      You have elucidated the reason that I support the GPL. It provides a fair quid-pro-quo for all developers, commercial or volunteer. That's why it's the most popular Free Software license - the people who actually write the code want the quid-pro-quo.

      Does the need for hiding source code for purposes of ensuring mystery pose a legitimate exception to the free software / open source principles?

      I don't think so. If I understand you correctly, the same people who would look at it are those who cheat at solitare. Is it then important to keep these secrets? Or is it "spoilers" you are worried about. We seem to be able to handle spoilers with nettiquette rather than licensing.

      Since the GPL appears to allow keeping code secret either by not distributing the binaries, or by dynamically linking it, does this mean that it is morally okay to do so?

      Is it OK with every developer of the program? If so, then yes. Otherwise, no. They created the work, they should collectively get to say how it's used.

      The approach we at WorldForge have been toying with is providing for "softcode" additions to the game, which are stored in a database and kept segregated from the primary game code, rather than encouraging use of the "ASP loophole" or dynamic linking loophole as workarounds.

      I'm still not clear why you'd have to encourage any loopholes. I think, however, that an ASP taking advantage of your code and not returning anything could destroy that quid-pro-quo and thus demotivate your developers.

      Thanks

      Bruce

    39. Re:Any questions about the ASP and linking issues? by Bruce+Perens · · Score: 2
      I don't think it would require a click-through license. Most of the Open Source licenses are contracts, not copyright permissions, and do not require a click-through. I think that the act of modifying the program is enough to indicate your acceptance. If you haven't modified it, we wouldn't get much from your distributing it anyway.

      Thanks

      Bruce

    40. Re:Any questions about the ASP and linking issues? by MrBogus · · Score: 1

      Microsoft shipped TCP/IP in 1993 bundled into WinNT, and in 1994 for Windows for Workgroups. (The piece they didn't ship until later was a PPP driver, hence Trumpet.)

      This in the period when IBM was charging $300 for their OS/2 TCP/IP kit, Novell charged even more, and Apple only made theirs available to educational instititions.

      Microsoft might have been behind Unix vendors, but they were ahead of their main competitiors at the time. (Plus, it was pretty clear even back in the 80s that NetBEUI LanMan networks were unworkable.)

      --

      When I hear the word 'innovation', I reach for my pistol.
    41. Re:Any questions about the ASP and linking issues? by DeVilla · · Score: 1

      True, you don't want it to be abused, but I also wouldn't want to have to release a crontab and script that sends automated "I Love You" notes to my wife just because it happens to be the same crontab that calls a script (that uses gnu grep) to count page hits and update a web statics page. My wife might not like it either. How would the FSF like that on their collective conscience?!?? :-P

  43. This will affect all current GPL-licensed software by InvisibleCraterFunk · · Score: 2

    The GPLV2 says:

    This program is free software; you can redistribute it and/or modify
    it under the terms of the GNU General Public License as published by
    the Free Software Foundation; either version 2 of the License, or
    (at your option) any later version.

    When this license is finished it will apply to all software that bears the above notice.

  44. "ASP Loophole" and Linux web servers by karzan · · Score: 1
    Does this mean that if you want to run a Linux web server you have to provide all the source code for the operating system and web server on your site? Because really, you are using GPL'd code to run a "web service".

    This just gets sicker and sicker...

    1. Re:"ASP Loophole" and Linux web servers by Art+Tatum · · Score: 2

      No. It means if you write a program that runs over the Internet (like a Java or WebObjects program or something) and you license it under the GPL, and someone else modifies it and hosts it, then they have to provide their modifications. It has nothing to do with running server software. As the Internet matures, more applications will be written to run only as distributed systems. The problem with this is that if people no longer download and run software on their own system, this blurs the issue of the "binary only" limitation in the GPL.

    2. Re:"ASP Loophole" and Linux web servers by Bruce+Perens · · Score: 2
      Licenses are contracts and can restrict rights you would otherwise have. In this case, you would accept certain restrictions on either public performance or use for the right to posess a copy of the program.

      Thanks

      Bruce

    3. Re:"ASP Loophole" and Linux web servers by karzan · · Score: 1

      Does this mean if a system administrator modifies a program that is frequently used on his system he should be required to give away the new source to all the users on his system?

    4. Re:"ASP Loophole" and Linux web servers by MrBogus · · Score: 1

      See my other post. The current GPL does not require that one agrees to anything before making the software available to any users. Think about the implications of changing that. (For one, start removing the term "copyleft" from the jargon.)

      --

      When I hear the word 'innovation', I reach for my pistol.
    5. Re:"ASP Loophole" and Linux web servers by MrBogus · · Score: 1

      No. Art Tatum is wrong -- running software is "fair use" under US copyright law even in a hosting or ASP situation. That means that copyright law doesn't apply so neither does the GPL.

      --

      When I hear the word 'innovation', I reach for my pistol.
  45. Programmers ~ Lawyers? by twisty · · Score: 3
    I've often noticed similarities (of a good nature) between programmers and lawyers:
    • They have hair-splitting discernment for logic, whether seeking an implicit flowchart of programming or an unbroken chain of evidence.
    • They have the ability to focus greatly on attention-to-detail.
    • Their skills are (usually) in better demand/pay on the market than most jobs.
    Thomas Jefferson was a Lawyer with a lot to say about freedom... but could he have been a programmer in our day and age? The 'Program' of the U.S. Constitution seem to say so... it shows enough discernment and fault-tollerence 'exception handling' to avoid overregulating the freedom it protects. I believe he once said 'Those who would trade a little freedom for a little order will lose both and deserve neither.'

    RMS still often comes across as a totalitarian with a focus on hisown Emacs... but this latest news is encouraging. Harmony is all about finding ways the differing parties can cohabit the planet, and my confidence in his abilities has gone up a notch today.

    1. Re:Programmers ~ Lawyers? by Wolfkin · · Score: 1
      Sorry to burst your bubble, but Jefferson didn't write the US Constitution, and didn't even like it. :)

      Randall.

      --
      Property law should use #'EQ, not #'EQUAL.
    2. Re:Programmers ~ Lawyers? by UnknownSoldier · · Score: 2
      > I've often noticed similarities (of a good nature) between programmers and lawyers:
      Yes, the think-path is similiar.

      > Thomas Jefferson was a Lawyer ...
      ... who interestingly enough, NEVER went to law school ! As did neither of the founding fathers.

      > with a lot to say about freedom...
      "The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite." - Thomas Jefferson


      > I believe he once said 'Those who would trade a little freedom for a little order will lose both and deserve neither.'

      Actually, the quote is:

      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - Ben Franklin, 1759


      Cheers

      --
      "When they stopped beating him, I could see the bones of his rib cage. I turned to someone and asked what the man had done to deserve such a beating with whips laced with metal?" Someone replied " He is a minister who refused to take a license." -
      Patrick Henry, 1775

  46. FUD:closing the ASP loop hole by fwr · · Score: 1

    I'd like to see how they attempt to close the ASP loophole without invalidating the entire GPLv3 license... I mean, the GPL's legality is already still untested in court... I think any attempt to close the ASP loophole (while it may be unfortunate) is just going to put the GPL on shakier legs.

    What a pessemistic stance! The first part just doesn't make sense, and the second part seems to say that since it's not tested in court yet that no changes can be made. I'd think all the IT lawyers out there may have something to say about that, as your proposal would basically put them out of work. "Oh, Mr. Microsoft lawyer, we can't make any changes to the EULA because it's untested in court. If we made changes it is just going to put the EULA on shakier legs. Why are we paying you again? You can't do any work, so I guess we will have to let you go."

    Its one of those slippery slope problems, really...At what point do you determine that the ASP has to comply with the GPL and release modifications? When the web server they are using is GPLed? That one seems clear...When the backend database they are using is GPLed? Less clear. When the filesystem that the database stores its data files on is GPLed? pretty muddled. When the OS its all running on is GPLed? who knows?

    Oh brother, more FUD. I don't know how much simpler you can get than to say that they would have to release changes to GPL'd software if they make that software publically available, even though they are not selling or distributing the binary changes themselves. If they had a proprietary, non GPL'd software package on top of a GPL'd OS and they made changes to their proprietary software they would not have to release the changes, as they were not modifying GPL'd software. If they made enhancements to the underlying OS software so that their proprietary software works better they would have to release the changes, as they are modifying GPL software (even though they are not distributing the binary end results to others and are technically keeping it inside their own organization). Why is this so difficult to understand? Are people braid dead? Or do they have alterior motives...

  47. Communism and GPL by karzan · · Score: 2
    While GPL may not be completely communist, communism is to socialism as GPL is to BSD. The difference between communism and socialism is that in communism, people are forced to give everything away--EVERYTHING is "community property" and the concept of ownership is forbidden, while in socialism, people still own property, but the government gives some things away and people choose to give things away, and work in co-operatives--but they're not forced to.

    The BSD license is a perfectly socialist license--it says "Here, we're going to give this away, indiscriminately, do with it as you will". The GPL, on the other hand, attempts to control people by forcing them to give stuff away. Anyone who does not see the parallel between the GPL and communism is ignorant. I'm not drawing this parallel because communism is a dirty word--I don't think it should be a dirty word and I don't think it's as terrible as people make it out to be. I'm drawing this parallel because people keep denying this simple fact. GPL is clearly very, very communist--the notions of no property, community ownership, and being forced to give it away all say "Marx".

    The ONLY reason Stallman denies it's communist is that he knows communism is a dirty word and he will be harangued in the US for saying it. He doesn't want to be associated with a group that, in the eyes of the American populous, is on the same level as the Nazis. Of course they are not on the same level of the Nazis, but US propaganda says they are. If Stallman were honest and really willing to stand up for his beliefs he would not make this stupid denial and he would admit the obvious truth. All you have to do is look at the license, forget all else--it's communist.

    1. Re:Communism and GPL by istartedi · · Score: 2

      Well, I decided to post these dictionary definitions and walk away for a couple hours to see what reactions came. None came... oh well.

      Here's my take on it. Because Stallman only advocates collectivisation of one particular industry (software development) his system fails to meet the formal definition of communism. The key word is *all* property.

      Don't get me wrong. I still disagree with most of what RMS stands for, but he fails to meet the formal definition of communist. Also, as far as I know, he is not a formal member of the Communist party (another definition offered by the dictionary).

      If anyone can site an example of Stallman stating that he believed *all* property, (both intellectual and physical) should be collectivized, then we could unequivicobly categorize him as a communist.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    2. Re:Communism and GPL by DavidTC · · Score: 2
      The GPL, similarly, says that certain programs can be used freely, but only by those willing to GPL their work in turn.

      This is simply wrong. Anyone can use a GPL program without agreeing to any terms at all. It's only if you distribute it do you have to agree...non-withstanding any legal changes in the GPL3.

      I think, however, that the GPL is really the first useful example of communism, or 'Marxism' as some people strangely call it, which proves it works not only in theory, but in practice, assuming you have unlimited resources, exactly as Marx said. I think Marx would love this vindication of his theories.

      We have unlimited resources of copies of programs, all restrictions on copying are purely legal. RMS came up with a way to pass around unlimited copies, and yet legally keep other people from adding a few features and keeping people from copying it.

      The BSD is, BTW, as much an example of communism, but it allows companies to compete with a free product by using that product itself as a base. This is why communism can't compete if capitalism exists. The capitalist taxi service will just wander over and grab all the communist cars from the free car lot, if you don't make it illegal to 'unfree' a car. But, if you have a car replicator, you can just make more cars, even if the capitalists keep making off with your admittedly free cars. Eventually, everyone will realize they can just phone up the communists and get a free car, even if only BSD exists, and capitalist taxi services are finished.

      Basically, I don't think the GPL is needed, but it's a very good way to make sure that the capitalist software and the communist software start off on even ground. :)

      -David T. C.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    3. Re:Communism and GPL by Art+Tatum · · Score: 1

      Communism is a whole lot more than just complete public ownership. There are also the all important theories of the Party, economics as the foundation and glue of society, social evolution, and the Revolution. The GPL says nothing about any of this and therefore is not Communism.

    4. Re:Communism and GPL by Omnifarious · · Score: 1

      This is untrue. If there were no organization that could mass a large force to take your property from you, such as a government, you could enforce ownership of physical property yourself. Not only that, but if someone takes your physical property, you experience a direct loss.

      If someone distributes the work that you have under copyright or patent while denying you the ability to enforce them, they have taken nothing from but but the right to invoke the power of government in forcing people to abide by your copyright or patent. Absent that force, absent government, there would be no copyrights or patents as they would be wholly unenforceable.

      The only thing you might have are trade secret style NDAs that would give you cause to punish or war with the person who broke them, but not any of the people who they gave the information to.

      Physical property most definitely has a different basis and status than copyrights or patents.

    5. Re:Communism and GPL by Omnifarious · · Score: 4

      Once you tell anybody your idea or show anybody your work, you've already given it away, and can't prevent them from giving it to anyone else. That's just the way it is. No matter how many attempts you make to erect societal walls to keep it from happening, it will, and short of totalitarianism, you can't do anything at all about it.

      I would prefer that this fundamental truth be realized, and people start basing their actions on it. It's much more healthy and sane than continually trying to make everybody conform to a set of rules that just aren't the way things are.

      Likening GPL to communism and BSD to socialism is quite flawed. Communism and socialism are both about physical property. Neither a copyright, nor a patent are physical property. Both are mere societal conventions we follow in the hopes of achieving certain ends.

      The fact that these conventions have largely come at no cost to society from ignoring what the real laws are is an accident of history. Those costs now loom large, and it's time to revisit our conventions and decide what would better further our goals.

    6. Re:Communism and GPL by karzan · · Score: 1
      While what you're saying about the absence of government is true, it's irrelevant. The fact is, everyone lives under a government, everyone lives in societies with rules. If the government says "Nothing is property" then your attempts to stop people taking "your" stuff will be in vain. You can talk all you want about a theoretical world with no governments, but it doesn't have any relevance to fact.

      Physical property is based on the same exact concept that copyrights and patents are. Physical property is intended to produce a capitalist economy.

      Do you really think that one coal baron could personally enforce his "ownership" of millions of tonnes of coal?

      Property is a fundamental tenet of capitalism, whether physical or intellectual, because without property capitalism would not function. Capitalism is about the exchange of property and currency. Take property out of the equation and you are dealing with something entirely different. That is why the government makes intellectual property laws. The fact that physical property laws have been around longer doesn't make them any different.

    7. Re:Communism and GPL by RickHunter · · Score: 1

      Read the FSF's philosophy page sometime before you start posting these rants. If anything, the GPL is about protecting your "property." A reason I'd choose the GPL over the BSD license is so that some corporation can't come along, say "This is good code," and bury it away inside their product, which they promptly go out and make millions of dollars on.

      GPLed code most certantly does belong to a single person: the owner. Once I've published the code under the GPL, I can't turn around and say "You can't use that anymore, I want it back!" about the particular version I released. But I (the owner) can choose to publish future releases under a different license, distribute the current release under a different license, or do pretty much anything else I want with it. I just can't take away the freedoms I've granted to people with the particular version that I GPLed.


      -RickHunter
    8. Re:Communism and GPL by mallie_mcg · · Score: 1

      Actually the GPL does not FORCE you to give away your source. If i sit down and write "The Next Big Thing"(TM). And decided to release it under the GPL what this means is that anyone who derives anything from my released source, IE:"A Bigger and Better Thing", THEY are forced to GPL it, thus protecting me from exploitation. I as the COPYRIGHT holder of the first have the option to relicense, resell, modify &tc MY original work. BUT I can not effect the second and derivate work, so it is kept free, and no big company can just TAKE the first work and do what they wish. The GPL is actually very good at protecting rights.

      What i am interested in is WHO owns for example the copyright to Linux (the kernel) does linus? I ask this because as i understand the GPL, (if linus does own the kernel as it is today,) if Linus was to hypothetically to pull the GPL on Linux it would be able to continue, as a forked project (as at the point of the last GPL'd release) and that the new forked project was irrovokably GPL forever.


      How every version of MICROS~1 Windows(TM) comes to exist.

      --


      Do the following really mean anything? SCSA MCP CCSA CCNA
      --I'm not actually after an answer!
    9. Re:Communism and GPL by gslj · · Score: 1
      Anyone who does not see the parallel between the GPL and communism is ignorant.

      I've seen programs whose release notice said that they can be used freely, except by certain named individuals. Others, that they can be hosted freely, except by certain servers. The GPL, similarly, says that certain programs can be used freely, but only by those willing to GPL their work in turn. You can put any arbitrary terms into your license, so why is that communism? I think that Marx would see the GPL as utopian socialism (like Richard Owens' ideal communities), peacefully coexisting with the capitalist system, and would be against it.

      For that reason, calling GPL a "Communist" idea makes less sense than calling it either "Anarchist" or "Christian," since the latter two promote extreme sharing within a community of common beliefs. People just forget how radical Christianity is in this respect, but reading "Acts" will cure that.

      -Gareth

      visit my site

    10. Re:Communism and GPL by karzan · · Score: 1
      What Communism recognises is that the only reason physical "property" is property at all is because the State enforces theft laws--so Communism says "property is wrong" and no one can have property. In the same way that you people say "intellectual property is wrong". There is nothing more arbitrary about intellectual property than regular physical property. It's all an artificial social construct. The only difference is it's easier for you to justify getting rid of IP laws because people are more emotionally tied to their physical property (although of course the creators of IP like authors and musicians are probably far more tied to their intellectual property than their physical property).

      The reality is that people only own what the State recognises as property. Whether that is objects, ideas, music, or green slimy goop, is irrelevant. They're ALL arbitrary. The idea of eliminating property constructs is undeniably Communist--because it's about things belonging to the Community. GPL'd code belongs to the Community, not to any single person. Richard Stallman wants things like music, code, etc to belong to the Community. That is the definition of Communism. I'm not saying it's bad because it's Communist, I'm just stating the fact that it is a Communist principle.

    11. Re:Communism and GPL by karzan · · Score: 1

      I said it was Communist, not Communism. One of the basic principles of Communism is community ownership, and that's what this is.

    12. Re:Communism and GPL by Pentagram · · Score: 2

      Likening GPL to communism and BSD to socialism is quite flawed. Communism and socialism are both about physical property. Neither a copyright, nor a patent are physical property. Both are mere societal conventions we follow in the hopes of achieving certain ends.

      Private property is just as much a social convention as intellectual property, unless you count the land or goods you can physically grab and protect with your fists and teeth. Your house may be different because you live there, but things like eg the cash in your bank account or the shares in the Linux startup you "own" or a bit of land the other side of the country left to you in her will be aunt Muriel are only yours because the government says they are.
      ---

    13. Re:Communism and GPL by DeeKayWon · · Score: 1

      Who's holding the gun to your head and demanding that you release everything under the GPL? If you write a program, the license is your choice. You can choose GPL, BSD, Public Domain, or you can make up something that would give Microsoft and Adobe all sorts of ideas.

      Have a problem with the viral nature of the GPL? Tough. You didn't have to use that code from a GPLed program. You have a choice: Take the easy route and use code that's already there to do something your program needs to do, and end up having to release under the GPL, or take the effort and write the damn function yourself, and choose your own license. You can't have it both ways.

    14. Re:Communism and GPL by istartedi · · Score: 2

      From Webster's New World Dictionary, 2nd College Edition:

      communism 1. any economic theory or system based on the ownership of all property by the community as a whole

      communist 1. an advocate or supporter of communism.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  48. GPL code is not a gift. by Bruce+Perens · · Score: 2
    Actually, people who apply the GPL to their code are not giving it away. They are sharing. And when people share, both of them have to consider the responsibility that is a consequence of sharing.

    In contrast, code under the MIT license (which is the BSD license without the advertising clause) is a gift. There is no expectation that the recepient will reciprocate.

    Thanks

    Bruce

  49. Re:GPL is evil by am+2k · · Score: 1
    Sorry, there's a blank inside the link, don't know why. The correct one is:
    http://darwin.anu.edu.au/display.cgi?view=/darwin- mail/development/200006/d_users3196T he correct number at the end is '3196' not '319 6'

    What would you have done if icqlib did not exist?

    Nothing. But if icqlib were LGPL, I would have programmed one.

  50. Re:GPL ASP Loophole for Online Games by Arandir · · Score: 3

    Any proprietary company can grab all the server source code to run their own game, thus taking advantage of free software, without having to contribute any code back to the community.

    Under what rational should company be required to "contribute" their private modifications to the community?

    Let's say I'm a graphic artist, and I design cheesy web pages for a living. I go grab GIMP, modifiy it, then go create a bunch a web art with it. I am the only one using this modfied GIMP, and the only thing I am distributing is its output. Should I also be required to release my modifications? After all, I am "exploiting" you by profiting off of your work...

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  51. Re:GPL is evil by DavidTC · · Score: 1
    It sounds to me like it's the duplication you have a problem with, not the modifcation. Would you have a problem if they bought your program, moved one pixel, and didn't give it out? What if they just gave a patch out, allowing other people how have the program to move it?

    I write software, and can't imagine having a problem with that...granted, all my software tends to be free anyway.

    -David T. C.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  52. Re:GPL is evil by am+2k · · Score: 1
    Oh, so it's perfectly OK if somebody gives their code to you under a license you like, but morally wrong if they give it to you under a different license?

    They can release the code under whichever license they want. This is just an example why the GPL can block development and the freedom of choice.

  53. Things I would like to see... by aralin · · Score: 1
    • Let out this stupid (or any later version) clause. I am not going to distribute my programs under licence that I do not know! After all, Linus Torvlads recently expressed similar concerns.
    • This ASP loophole closed. You can see that more or less every company is now focusing on service oriented programming. What the heck you think .NET is all about? M$ using GPLed code now without any problems...
    • Use of daemons from GPLed code once they communicate through in-site interface. I fear that the other case when these provide interface to non-GPLed code won't be possible to cover.
    --
    If programs would be read like poetry, most programmers would be Vogons.
  54. Re:leave the GPL alone by QuoteMstr · · Score: 1

    Hear hear. I don't see a problem with it at all, etiher. There is still room for interpretation.

  55. Re:This will affect all current GPL-licensed softw by Microlith · · Score: 2

    At the users option.

    Much like the mozilla dual license, you obey the one you choose. So any GPLv2 software could still be used by abiding only to the terms of GPLv2, while you couldn't do that with GPLv3 software. Which means the changes such as the ASP protection will only apply to new releases or if the people who make the software change the license (or the ASP provider chooses to apply GPLv3).

    -----

    Nonsensical uninformed (most likely) rantings of noone in particular. Please put on you Peril Sensitive Sunglasses now.

  56. Communism by twixel · · Score: 1

    Nobody forces you to give anything away. Release your software under another license, and you don't have to release the source code. It's your code after all. Seems perfectly clear to me.

  57. Re:My ideal license would treat human and biz clie by Arker · · Score: 1

    The holder of the copyright for the code in question has the power to offer such a deal. I.E. if you hold sole copyright over the piece of code MS wants to use in your example, it is completely within your power to offer them a separate license in return for a donation of a certain size to the FSF.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  58. Re:GPL is evil by am+2k · · Score: 1
    It sounds to me like it's the duplication you have a problem with, not the modifcation. Would you have a problem if they bought your program, moved one pixel, and didn't give it out? What if they just gave a patch out, allowing other people how have the program to move it?

    Yes, that would be ok, since I'd get money for my work.

    I write software, and can't imagine having a problem with that...granted, all my software tends to be free anyway.

    I wrote free software, too. Small things (less than two weeks of development) aren't worth paying for. But I'm writing a program for half a year now, and this one won't be free.

  59. Re:GPL is evil by shepd · · Score: 1

    >Installing = time = money = hurting people

    Your software is going to have to be installed too, unless you make a deal with MS/Apple to get it "integrated" into their OS. This really is a non-issue, since if you _wanted_ too, your installation program could easily call a routine to install bash. Just include it on the CD.

    >AFAIK the person that buys my product is allowed to modify my code and redistribute it. That's not acceptable.

    It's too bad you feel that way. I write notes in textbooks I own all the time, and NOT ONCE has anyone ever complained. I also open electronic devices (sometimes) and modify them. Again, no complaints. I never even got any complaints when I sold some of this stuff, too. For the kicker, I've seen many modification plans on the internet that get nary a complaint from the company (unless it is computer hardware).

    Hell, once I took an old lamp with a cracked base and smashed the base right off so I could use the bulb holder in another project. Again, never heard any complaints.

    I think that software (and occasionally computer hardware) developers are the only ones in the world that have the strange notion: "Modifying my stuff is immoral." I can't even think of a religion that supports the idea.

    Oh well, each to his own, I guess.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  60. Re:GPL is evil by am+2k · · Score: 1
    You just pointed out the freedom of choice. And as for you, you have exactly the same freedoms as before icqlib was released.

    Yes, but I'm not the user. Since this software was never written because the required lib is GPL'ed, the user has less choices.

  61. Re:GPL is evil by am+2k · · Score: 1
    So what's your problem?

    I don't think that libraries you link with are a part of a program.
    I don't think that linking with a library is equal to modifying it.

  62. Re:My code is my property. by mesterha · · Score: 1

    While what you say is accurate I think some people would like more than the GPL. They think free software should be a right and not just a community.

    With the GPL, free software is just a community of people who decide to work with free software under various motivations. Some people would like the ideas of free software written into the law then there would be no need for the GPL since all software would be free. The GPL is just a pragmatic way of using the existing laws to attempt to achieve free software.

    Does this mean the ideas of free software are communist. I don't think so. Free software is more about the debatable intellectual property laws in many countries.

    --

    Chris Mesterharm
  63. My code is my property. by Convergence · · Score: 5

    Under current law, my code is my property. Thus, you have no right to distribute it without me allowing it. In order to let you distribute MY code, I exact a price on you. You must distribute your changes to my code. Instead, I could have required you to pay me $10 per copy and required that you give nobody else redistribution rights.

    Both of these are capitalistic. Each option exacts a price on you. One is measured in dollars, another is measured in requirements. You aren't obligated to do either of them, but then again, if you don't, you're not allowed to distribute MY code.

    This isn't communist. I'm not forcing you to give anything away. You have no right to force ME to give MY things away to you to do whatever you wish, just as I have no right to force Oracle to give me their source code.

    Just because GPL software is distributed with full source code doesn't mean it's public domain. If you want source code that has no restrictions on it, write it yourself, or use public domain. Otherwise, live with the restrictions other people put on their source code. Whether they be monetary renumeration (Oracle/Windows/Office/Kai C++/Mathematica/Matlab), or requirements that you must allow your changes to be redistributable under the terms of the GPL (emacs/gcc/linux kernel/tinyfugue).

    There's no coercion going on. Your code and your changes are your own. You can distribute them however you wish. What you CANNOT do is distribute MY source code.

    1. Re:My code is my property. by Frodo · · Score: 1

      Not exactly true. This is not only my changes to your code (that would be Qt license), but entire my code that uses your code should be GPL. That means, even iif I use your code unchanged (GPL library), I still probably have to make my entire application GPL.

      I agree that you can impose whatever restriction you like on your code. It just occures to me that GPL becomes much less of a "free" software once you happen to disagree with FSF on the ways of how free software should be. With providing standard license, FSF acquired significant power behind it's GPL (most people don't really check licenses when they want to release something, they just stamp "GPL" on it because that's what they know is "free"). But once you are not in the FSF ways, all this power turns on you, and software that you could use for your and people's benefit (we are still talking open source, let's say) becomes forbidden for you. Probably, if people would realize this implication of putting GPL stamp on their package, they would use some less restrictive license (provided such a standard license would be available), because they don't really against some non-GPL project using their product. But now you need to come out and ask permissions from each of these persons - which negates all the "freedom" effect for you.

      Summing up, as Stallman says on GNU pages, "GPL is not a Mr. Nice Guy". It's pretty restrictive license created for certain political purpose (a good one, but still), and if you agree with this purpose - you are fine, but if you are not sure - you should understand all the implications.

      --
      -- Si hoc legere scis nimium eruditionis habes.
  64. Re:Daemonizing Example: hp's gdb & WDB by shepd · · Score: 1

    >This GUI is closed-source (for whatever business reason, this is NOT the point).

    Yes it is the point, if you ask me.

    >Now GPL3 comes along, and of course gdb will move to it. What is hp to do ?

    Open source EVERYTHING. You either do it the whole-assed way, or not at all. Trying to do something half-assed is only going to get you into trouble in the future.

    The GPL isn't a "lets see if we can apply this here but not here" sort of license. It is all or nothing. Either GPL it all the way, or don't do it at all.

    Imagine if the kernel was 1/2 GPL and 1/2 not. I can't. That's because the GPL isn't meant to work like that. The LGPL is meant for the half-assed approach.

    Of course, all the above is just my opinion. If you think the GPL is meant to be used for half a project, and not for the other half, flame away... :-)

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  65. Re:Question... by JimDabell · · Score: 1

    The current GPL makes it very hard to distribute GPL and non-GPL programs together

    How? Distributing programs together isn't a problem as far as I can see - it's just combining them to create a derived work that can sometimes cause problems.

  66. GPL doesn't Force by nuggz · · Score: 4

    You overlook that you CHOOSE the GPL.
    All licenses force everyone but the owner to follow certain conditions.
    If you don't like the GPL, don't use it.
    I don't like the MS EULA, I don't use it.

    1. Re:GPL doesn't Force by karzan · · Score: 1

      The reason I compared Socialism and Communism is that in Socialism, things are given away with no strings attached, and in Communism, things are given away but you are also not allowed to claim ownership of them. When you release software as GPL, you are saying "no one may ever own this, it's community property". No one forced you to release it as GPL, but you are forcing anyone who chooses to use it to give up their property rights. In Socialism, or with the BSD license, you just say "You can have this, you can do anything you want with it, because it is your right". In Communism, or with the GPL, you say "You can't have this, you can't do what you want with it, you can only do what WE say with it, because it is owned by the Community" (Whether "WE" is the Communist Party or the FSF)

  67. Re:Question... by Eric+Sharkey · · Score: 2

    The current GPL makes it very hard to distribute GPL and non-GPL programs together

    There is no restriction in the GPL against shipping works not derived from GPL code aggregated with works licensed under the GPL, unless the GPL'd work depends upon the non-GPL'd work. Simple aggregation of independent works covered under different licenses is perfectly legal.

    Can you clarify what you think is the problem?

  68. About the later license clause... by AdamHaun · · Score: 3

    Many people have expressed concerns that changes to the GPL could affect the distribution of current software. This is incorrect.

    From the GPL, version 2:

    "9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

    Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any
    later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free
    Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation."

    and from the example copyright notice:

    "This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version."

    According to the License, only software that explicitly states that later licenses may apply are vulnerable to changes in the GPL. So if you don't want your software to change with each new release, specify a version number!

    --
    Visit the
  69. Re:Question... by Omnifarious · · Score: 1

    Ahh, that makes sense. It would be very hard for the GPL to allow derivatives to be reliscensed under any liscense it considered sufficiently free, and still retain the conciseness and brevity that is its strength.

  70. Re:its not about emotional ties by RickHunter · · Score: 1

    you are FORCED to share it

    Like hell you are. I can modify Mozilla and Linux all I like, but I'm not forced to do a single thing with it unless I give it to someone else. Then I have to give them the same freedoms the owner of the work chose to give me. And you still have a choice about whether or not to share without an insane concept like IP (which is an inaccurate description, see below). You can just not release things.

    BTW, there is no such thing as IP. Copyrights are a limited monopoly over the COPYING and DISTRIBUTION of a work over a limited period of time. As government interference in a free market, copyrights are intrinsically not capitalist. Trademarks are something completely different. Patents are the closest thing to IP, but even they are still only limited monopolies.


    -RickHunter
  71. Get a clue by antpal · · Score: 1

    I have relinquished my freedom...

    Sorry, but you are wrong here. Consider all those who choose to "dual license" their product under GPL and something else.

  72. Re:GPL is evil by am+2k · · Score: 1
    You didn't get the problem. For example:
    I write a program using about 1000h of my rare spare time, and I sell it for $10 per license.
    ONE person buys it, moves one interface element for 1 pixel, and redistributes it for free.
    Now tell me: How many dollars will I get per hour of work? I'd be very surprised if it will be more than .1 cent.

    It's a different case with hardware. You can't duplicate it for free.

  73. Re:XML DTD's, and GPL'ed interfaces in general by Twylite · · Score: 1

    A good reason to restrict a DTD or interface would be for compatibility. Standards are useless when they are extended in an ad hoc fashion. MS has made a point of this, hence their "embrace and extend" policy.

    A DTD or interface are as much works in their own right as software programs. I'm not sure of the situation in US law, but under International Copyright Law they all derive protection from the same principle: authorial copyright. You cannot, without permission, produce an exact copy or a derived work.

    Unfortunately the GPL is incompatible with DTDs or interfaces, as it explicitly allows (even encourages) modification, whereas the sole purpose of an interface or DTD is to provide a fixed and unmodifable standard.

    Further changes to the GPL to curtial the activities of ASPs are likely to hurt free software far more than assist it. Although ASPs may be considered "freeloaders" and apparently are not giving back to the community, they contribute in the form of advertising.

    Whether they are blatent or not, word gets around that major sites and companies are using free software, which gives it a credability that cannot be obtained through any amount of technical ranting.

    Free software can come to prominance only through acceptance by commerce. Commerce still decides the standards for applications and communication - until that mindset changes to accept open source standards, free software will be relegated to being considered a second rate solution that must support other peoples' standards.

    If open source software is going to take a lead in the computing world, and stop being a follower, it must start to define its own (open) standards, and prevent them from being maligned through extension. Hence the important of rigid, unmodifiable DTDs and interfaces.

    Consider the example of HTML: despite it being a W3C controlled standard, every HTML author must be aware of the various non-standard behaviours of different browsers. Using "valid" HTML (according to a W3C lint) can restrict the aesthetics of the document, which is why so many authors choose to develop for a particular browser. JavaScript (now ECMAScript) is another classic example.

    Standards are only useful when the major players in the arena agree to honour them, for mutual benefit. But we are in Unreal Tournament here - few major players want to cooperate, and free software is hardly a major player, and cannot dictate the rules. Ever seen the ref catch it in a boxing match?

    Free software needs to gain credability in order to dictate the way ahead. To do so, it must develop standards for others to follow, become accepted by commerce, and shun the modification of open standards. It cannot do this by shutting out business. It cannot do this through in-fighting and ego mania. It cannot do this by closing its standards inside code that commerce cannot use. It cannot do this through the GPL.

    --
    i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  74. Re:leave the GPL alone by Ded+Bob · · Score: 1

    How is an ASP different than any other service which utilizes GPL software? Does this mean that any individual or company which makes a change to GPL'd software and provides a service using it will have to release any changes they make?

    Now, technology has allowed people to circumvent the GPL and diminish freedom again. I want to see that fixed.

    By fixing it, you will in turn be diminishing the freedom to actually USE software. When people use v3 GPL'd software, they will have to provide any changes to legally use the software. This hits the ASP much like Microsoft's EULA requiring NT Server to provide services instead of NT Workstation.

  75. Re:leave the GPL alone by Frodo · · Score: 1

    I don't see here any "diminishing of the scope". Basically, if you want to use GPLed code (and Stallman regards "use" as "do anything with it that is of use to your application"), your code must be GPL (or GPL-compatible license) too. No other open-source license applies, let alone closed-source. So GPL is just as restrictive as Microsoft EULA, only it benefits the other side of the deal. But to say it's "more free" on every front would be plain wrong - it's more free on hacker side, but less free on business side. For hacker it's good, for business - well, it not so good as if GPL was not so restrictive, but stil better that common commerical license.

    --
    -- Si hoc legere scis nimium eruditionis habes.
  76. Linking, Communication, and Licenses by scruffy · · Score: 2
    In current programming, there are many ways that two (or more) program elements (networks, computers, processes, threads, components, libraries, etc.) can communicate or interact with one another. Probably more will be invented. Communication protocols currently do not reveal the underlying licenses. So if two program elements communicate with another, and if one is GPLed and the other is GPL-incompatible, will GPL, version 3, prohibit this?

    This seems unrealistic, at the very least. As long as some types of communication between license-incompatible program elements are allowed, there will be a GPL loophole. And the GPL cannot disallow all such communication because that would make everybody on the internet a GPL violator.

    1. Re:Linking, Communication, and Licenses by Bruce+Perens · · Score: 2
      Obviously, we need to close the ASP loophole without making the usual client-server paradigm invalid. Otherwise, nobody will use the license.

      Thanks

      Bruce

  77. Dangerous move by Frodo · · Score: 1

    But this means that copyright holder will control not only how I copy/distribute software, but actually how do I run it. Isn't this exactly the case of DVD where so much fighting was? Isn't this exactly what liberty advocates is struggling against when they criticize restrictive EULA's? Now comes Stallman and says "Guys, let's make control on program runs common and OK". I don't really like it, and I don't consider it to be a wise move - it will hurt people's freedom much more than improve it. Now every corporate lawyer can refer to Stallman when he assures public that the program usage is copyright-controlled and is out of the filed of the fair use.

    --
    -- Si hoc legere scis nimium eruditionis habes.
  78. Re:No it's not. by treke · · Score: 2

    But the GPL license gives you the ability to use it the software under the distributed license, or any later version.

    Here's the relevant line:

    Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

    So it could be an issue if the license was changed.
    treke

  79. Re:closing the ASP loop hole by Eric+Sharkey · · Score: 5

    The ASP loophole exists because the ASP provider never distributes a copy of the application to the user. In general, copyright law covers the creation and distribution of copies of works, but for certain kinds of works, there is also a restriction on perfomance of the work.

    Take for example the play "Cats". Cats as literary work is copyrighted. You can't make copies of the script and sell them unless you're licensed to do so by the copyright holder. However, you also can't put on an independent production of the play and charge admission, even though the audience would not be actually receiving a copy of Cats, they would be perceiving a performance of it. That's controlled by copyright law.

    What RMS is trying to do is to equate ASP to a performance of the software. It's a good analogy. The consumer never gets a true copy of the work, but they perceive all that is important about it. If ASP can be equated with a performance, then it can be controlled within the existing framework of U.S. copyright law.

  80. Re:Question... by Omnifarious · · Score: 1

    Then, what was the big concern of the QPL vs. the GPL. Why is the Mozilla project changing to being dual liscensed under the MPL and the GPL when then MPL alows almost as much as the GPL?

    I watch how things happen, and it looks like companies release things under Open Source liscenses, get swarmed on by people saying that somehow this makes their product impossible to ship in this way or that way because of a GPL violation, and then they end up re-releasing under the GPL.

    I know this is all pretty vague. It's based on an intuitive feeling I've gotten from reading Slashdot stuff for a long time. It most distinctly isn't based on criticism that any Open Source liscense aside from the GPL is impure. People seem to be finding specific legal incompatibilities that I can't remember the exact nature of just now.

  81. GPL ASP Loophole for Online Games by Anonymous Coward · · Score: 3

    Here's an example of the GPL being ineffective with respect to MMORPGs and other online games.

    Assume WorldForge creates a good GPLed MMORPG. Any proprietary company can grab all the server source code to run their own game, thus taking advantage of free software, without having to contribute any code back to the community.

    The GPL version 2 only applies when you are distributing software. Unlike most other types of programs, ASP-style server-side software can be used and exploited without having to give everyone a copy of it. If someone makes a Linux derivative, they can't both make it proprietary AND exploit it commercially, since that requires distribution. On the other hand, they CAN do that with any server-side programs, and get around the GPL by simply not releasing their code!

    Game engine licenses typically run into the hundreds of thousands of dollars. MMORPG-type games take years of effort and run into the millions of dollars. It would be very tempting for a proprietary company to use GPLed code. As it stands, they can do this, and grab all your updates, bugfixes, new features, etc., etc. from your CVS repository. By simply refraining from giving anyone a copy of their server source/binaries, they are not distributing, and therefore any improvements/updates/features/fixes they create are unavailable to the community. This undermines the code-sharing intent of the GPL and most programmers who use it. Proprietary companies thus avoid having to contribute either dollars _or_ code!

    Additionally, proprietary game companies generally have draconian IP agreements that essentially give them ownership of their employees' brains. All their work and ideas (for starters) are exclusively owned by the company, so one pointy-hair at the top can just decide not to distribute server code and toss the GPL out the window. There's no way an individual employee can decide he wants his work added to the public GPLed project.

    On the client end, they can write their own proprietary software and wrap it up with EULAs that have all sorts of rules and restrictions. And it's okay for these client programs, totally proprietary, to talk to _your_ GPLed server code -- it's not "linking".

    Part of the reason programmers contribute to GPLed projects is that they feel they won't be exploited; they will be compensated with improvements from people who use it.

    Companies also feel secure that with the GPL, they don't have to worry about a competitor snapping up their work and releasing a special binary-only version. This one of the big reasons why we are seeing so much corporate participation in Linux. It keeps the playing field level.

    Unfortunately, the usefulness of the GPL version 2 is severely limited with respect to ASP-type applications. For these, the GPL can be gotten around and becomes effectively like the BSD/X licenses. If you are working on an online game, and want the GPL to work as intended for your project, changes need to be made.

  82. Re:GPL is evil by Art+Tatum · · Score: 1

    I suspect that this is a troll, but just in case it isn't, I'll inform you.Apple is about to release a new OS, MacOS X, which is based on FreeBSD. But there's no bash. Why? Because the OS isn't GPL. So the user (or developer) has to manually install it afterwards.

    So? How does this destroy business and hurt people? If you want it, install it yourself. If Apple falls apart and goes bust, it won't be because of the GPL.

    I'm a software developer. I need to get money from my programs. But I can't develop for Linux because of the GPL.

    Nothing in the GPL prevents you from charging for your software. I mean, the FSF charges an incredible amount for their stuff. Secondly, how does writing software for Linux force you to use the GPL? Plenty of people release non-GPLd software for Linux.

  83. Re:Question... by Eric+Sharkey · · Score: 1

    Well, it's really more than that. It's the difference between the concept of "free" and "copyleft".

    Works placed in the public domain or under a BSD-style license are unquestionably free, but they are not copyleft.

    Copyleft aims to take a work, make it free, and keep it free. The GPL is a form of copyleft because once code is under the GPL, you can't change the terms of the license, it's free forever.

    The BSD license is not a copyleft because additional restrictions may be added which make it non-free. This is why the GPL does not allow relicencing under another license, even if that license is free, because if you could get from GPL to BSD, then non-free is just one more hop away.

  84. XML DTD's, and GPL'ed interfaces in general by SuperKendall · · Score: 2

    Do you think it is possible to GPL an XML DTD, XSchema, or RELAX (really all the same thing, a way to define the structure of your XML) document?

    I ask because I'd like to be able to GPL a DTD (or equivilent) and make sure that no dervitive structural definitions were created without being passed back.

    This is especially vital because in many areas XML is starting to replace other technologies like CORBA and RMI as a way to call into other programs (see SOAP). It would be good if a Free program/service I had written could not have a non-Free version developed with a slightly modified DTD.

    Another take on this question I have: is it possible to keep what is essentially an API Free, even if underlying applications or services based on that API were not Free. Would use of a GPL'ed DTD (or interface in Java, come to think of it) mean the program using the API had to be GPL'ed as well?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  85. Re:Question... by Omnifarious · · Score: 1

    Yes, you are correct. I was leaving implied that one of the requirements would be that any other liscense be of a similarily 'viral' nature.

  86. Re:Question... by Frodo · · Score: 1

    Generally, from what I heard the official position is "GPL or nothing". Meaning, you cannot mix GPL-ed software with software under non-GPL-compatible license. You can insert non-GPL code into GPL project, but not vice-versa. Needless to say, it's very hurting to the open source projects that for various reasons can not or want not to use GPL. Needless to say, that's not exactly what you might think about "free software" term when you first hear it - it's more of "free software iff you understand freedom in the exactly same way as FSF does".

    --
    -- Si hoc legere scis nimium eruditionis habes.
  87. Re:Question... by Frodo · · Score: 1

    Everything can be regarded as a derived work. For example, GNU pages clearly state, when explaining readline case, that I cannot use this library in non-GPL program. Even that my work is in no way related to readline, I just want to provide user with comfortable way of typing in. It's still "derived work" and it still should be GPL or nothing.

    --
    -- Si hoc legere scis nimium eruditionis habes.
  88. closing the ASP loop hole by g_mcbay · · Score: 3
    I'd like to see how they attempt to close the ASP loophole without invalidating the entire GPLv3 license... I mean, the GPL's legality is already still untested in court...

    I think any attempt to close the ASP loophole (while it may be unfortunate) is just going to put the GPL on shakier legs.

    Its one of those slippery slope problems, really...At what point do you determine that the ASP has to comply with the GPL and release modifications? When the web server they are using is GPLed? That one seems clear...When the backend database they are using is GPLed? Less clear. When the filesystem that the database stores its data files on is GPLed? pretty muddled. When the OS its all running on is GPLed? who knows?

  89. Re:What would happen if Stalin won the lottery? by nickco3 · · Score: 1
    What if "sales_worldwide" mastered the English language, and posted a coherent question to /.?


    Does anyone else understand this gibberish?

    --
    -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
  90. Re:RMS has been meeting corporate lawyers? by QuoteMstr · · Score: 1
    How do we (or RMS for that matter) know that these slimeballs haven't put in some clever loophole that will tear down the entire license?

    People can always use an old version.

  91. Re:leave the GPL alone by King+of+the+World · · Score: 1
    yes yessum yes.

    Restrictions can give freedom. The freedom to murder someone is not a provision that society wants so therefore society gains freedom by restricting what citizens can do (well, legally).

    Closing the ASP loophole is an excellent move. The intention of the GPL is to open the source code of public deritive works. But if source code is never distributed in a binary form and instead uses thin clients (the web) then this is a loophole. If one were to modify Slash they could make public use of it without breaking the GPL, this makes clear the intentions of the GPL.

  92. Land != IP by Srin+Tuar · · Score: 1
    I really hope you can see that Land is such a bad example. I can not own exclusive access to a heavily used river or stream, without denying that access to others. There is only so much to go around. In fact overpopulation is a huge problem on Earth right now.

    With intellectual property- there is no analogy. You can make as many copies of my "river" and do whatever you want with them- and it will never affect me in any way.

    As for the forcing thing? Give me a break. It doesnt force you to do anything- except not impose restrictions on what others can do. As for what you can do yourself- Free licenses say nothing about that.

    There is a large body of free IP that you can use- and nobody will say you cannot- Even if you never contribute anything at all back- Even if you write disparaging articles/comments about it, Even if you encourage others to avoid it, but Not if you want to disallow other's to use it as well as you have. It costs no-one nothing that you have your copy. You should cost no-one that you do.

    So just take advantage of the parts you like- then live and let live. Noone will force you to give anything back. Just remember that you dont own any of it- other people "own" it (in the sense of artifical laws), and you will do fine.

  93. Re:Question... by Eric+Sharkey · · Score: 2

    License conflict occur when you mix two different, incompatible licenses in the same program. Not all licenses are incompatible.

    The GPL requires that all works derived from works distributed under the GPL also be distributed under the terms of the GPL.

    If I'm writing an application, and I want to include some code in it which I received under the terms of the GPL, I can do that as long as I license my work under the GPL. If I want to include some code which I received under the QPL, I can do that, but then I have to use the QPL or some other compatible license. I cannot satisfy both of these requirements at the same time, so I cannot distribute a work which is simulateously derived from code I received under the GPL and code I received under the QPL.

    However, if I write two different programs, and one used GPL'd code and one uses QPL'd code, I can GPL the first, QPL the second, and distribute them both on the same CD if I like. That's allowed.

  94. its not about emotional ties by Srin+Tuar · · Score: 1
    Its about the fact that you can never deprive a musician of his music- but you can enrich other's with it.

    There is a way for creators of knowledge/art to profit from it without artificially restricting it.

    Proprietary licenses are about control, restricting who can do what; much like Authoritarian governments such as communism or fascism.

    Free software licenses emphasize allowing people to share. The GPL is the most free- because it restricts you from losing your freedom. This is akin to free governments like Democracies.

    You are narrow minded.

    IP != phsical property. Its obvious that the only way to make it seem like it is is with artificial constraints. Artificial scarcity is stupid. Its like burning crops so that the farmers will benefit more. Or restricting the production of a simple object to a single factory- so that the owner of it can get wealthy while the inventor starves, and the musician get nothing. Thats what patents and copyrights are about. Face it.

    1. Re:its not about emotional ties by karzan · · Score: 1
      Free software licenses FORCE people to share. If you had, say, a BSD-licensed program you would have the option of sharing it all you want! With a GPL program, you are FORCED to share it.

      The reality is that physical property IS arbitrary. One example of physical property that is in a sense "artificially scarce" is land. You might say, "How can you own a river, when all the water comes from rain that falls in the mountains? You might as well be able to own the rain!" or "How can you own these crops, when anyone can grow crops?" or "How can you claim ownership to this coal, it has been here millions of years?"

      There are lots of ways to justify depriving people of property. Property does not exist as a "natural" thing, it exists because the government says it does. All I am saying is that physical property is just as arbitrary as intellectual property. They have the same value.

      If you burned crops to make them more valuable, you would be reducing availability--only a small group of people would be able to have the food even if it were free because you're destroying a lot of it. When you increase the value of software by making it "property", you are not depriving anyone of anything. You are simply introducing a social construct that says "Hey, you can own the intangible stuff you create" and that doesn't destroy anything. What it does do is give people the CHOICE of whether they want to share, rather than FORCING them to share. THAT is the difference here.

  95. Re:GPL is evil by am+2k · · Score: 1
    An application doesn't need to be GPLed in order for it to run on a GPLed OS.
    I said the exact opposite. The OS isn't GPL and Apple can't ship GPL software with it.

    Not true at all, see above.
    You need libraries to develop for an OS effectively. But nearly all libraries for Linux are GPL, and I don't have the time nor the money to develop everything myself (readline for example, icqlib for example).

  96. Re:GPL is evil by am+2k · · Score: 1
    I suspect that this is a troll, but just in case it isn't, I'll inform you.
    If I'd be a troll, I'd post as AC.

    So? How does this destroy business and hurt people? If you want it, install it yourself.
    Installing = time = money = hurting people
    Nothing in the GPL prevents you from charging for your software.
    AFAIK the person that buys my product is allowed to modify my code and redistribute it. That's not acceptable.

  97. ASP loophole closure is very business friendly... by SuperKendall · · Score: 2

    One of the more interesting points I thought from the article is how the ASP closure is really a lot more business friendly - basically before if a company relesed source and a competitor used an altered version in a web based application, the original company (or OS project) could do nothing about it.

    Under the new license, they stated that businesses should be lot more willing to release source knowing that any changes made externally would have to be made availiable to them, which they could of course sue to get if a violation was suspected.

    Hard to enforce? Sure! How easy would it be in most cases to be sure the service on the other end was really yours? Pretty rough (though you could probably tell quite a bit from output in a lot of cases, but I digress).

    All of those things are true, but do not really matter (at least for the case of companies releasing source - of course it matters a lot more for real OS projects) - the important thing is that it makes it a lot easier for me as an employee to ask for permission to release source.

    If the company feels like it CAN sue violators, then I think it would be comfortable enough to release source even if the practical matter of tracking down eventual violators and suing them never came up.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  98. Re:GPL is evil by rlk · · Score: 2
    I said the exact opposite. The OS isn't GPL and Apple can't ship GPL software with it.

    That's not true. Aggregation does not trigger the GPL. Please read section 2 of the GPL.

    You need libraries to develop for an OS effectively. But nearly all libraries for Linux are GPL, and I don't have the time nor the money to develop everything myself (readline for example, icqlib for example).

    Readline is an enhanced facility that's not a standard part of POSIX. Everything you need to develop for any other POSIX-compatible operating system (libc and the like) is LGPL. So if you can develop for any other POSIX-compatible system, you can develop for Linux just as well.

    The thing that really gets me about most of the anti-GPL rants is that the basic attitude is "I really want to use all this good stuff, but since I want to make money, I should be entitled to use this without giving anything back," as though making money is somehow the highest calling in life and other people should respect that desire and allow you to use their sweat for your proprietary program. That's precisely what the GPL is all about; if you want to use GPL'ed code, you have to play by the same rules.

    I would be willing to give up the GPL and copyleft if it also meant losing copyright altogether. In that case, I couldn't copyleft my code, but someone else also couldn't forbid me from using their code, they could only make it harder.

  99. Re:GPL is evil by am+2k · · Score: 1
    If you are implying that Apple is restricted from distributing bash because the GPL license forbids redistribution with non-GPLed operating systems, then you are wrong, plain and simple.

    IANAL. Apple legal says that this is not allowed, this is a fact. There's been a lot of discussion on Apple mailing lists about this issue.

    That's one hell of an exaggeration. Readline is basically the only major GPLed library.

    I haven't searched for more, but this is an important one.

    As for icqlib, show me a free icq library for any operating system. Don't have one? Then I'm afraid you don't have a reason to choose other operating systems over Linux.

    I'm sorry to disappoint you:
    The library of Gerry's ICQ is freely available (Mac only).

  100. the meaning of "incompatible" by hawk · · Score: 2

    >License conflict occur when you mix two different, incompatible
    >licenses in the same program.

    Yes, but keep in mind what "incompatible" means when speaking of the GPL:

    "X is incompatible with the GPL" means that "the license of X cannot be replaced with the GPL"

    It's not so much that licenses are incompatible with the GPL, but that the GPL is incompatible with just about everything except itself.

    hawk

  101. leave the GPL alone by _|()|\| · · Score: 3
    The only change I support is amending the requirement to offer source code by mail order. Even that is trivial: it costs nothing to include a second CD with source code.

    Bruce, I find your comment on linking puzzling: "The GPL[2] concept of 'linking' has aged." The GPL derives its force from copyright law. Its "viral" nature comes from the legal concept of a derived work. RMS's opinion of DLLs, plugins, or daemons is irrelevant.

    The GPL is an instance of copyleft--an attempt to diminish, not extend, the scope of copyright.

    1. Re:leave the GPL alone by Bruce+Perens · · Score: 2
      Now you see why this is being done very slowly and carefully. RMS wants to close out the loophole to provide freedom. Thus, look to him to find a solution that yields the maximal freedom.

      Thanks

      Bruce

    2. Re:leave the GPL alone by Bruce+Perens · · Score: 2
      The problem is that interpretation happens in court. We'd rather not go there.

      Thanks

      Bruce

  102. Re:RMS has been meeting corporate lawyers? by g_mcbay · · Score: 1
    The FSF hires its own lawyers. At least one pretty good one. Presumably they won't be duped by any such loopholes.

    Its also important to note that the GPL has never been tested in court, and even current versions might be found to be completely illegal.

  103. Re:Question... by JimDabell · · Score: 1
    Everything can be regarded as a derived work. For example, GNU pages clearly state, when explaining readline case, that I cannot use this library in non-GPL program. Even that my work is in no way related to readline, I just want to provide user with comfortable way of typing in. It's still "derived work" and it still should be GPL or nothing.

    In this case you are distributing binaries that link with the GPLed library, not just bundling two pieces of software together on the same CD, which the original post stated was a violation. I quote from the GPL:

    In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
  104. Re:What if the new GPL is invalid? by Bruce+Perens · · Score: 2
    Licenses have severability clauses to deal with this. If one part is declared invalid, the rest of the license remains valid. It's very unlikely that an entire license would be declared invalid and that such a thing would not be appealed and overturned in appeal.

    Thanks

    Bruce

  105. ASP loophole by GodSpiral · · Score: 1

    regardless of whether a new GPL says you can't modify a GPL'd app as a web service or web app without releasing code, how would you discover violations?

    Can you get a company to release its source code with a court order suspecting it to be using modified gpl software?

    1. Re:ASP loophole by Bruce+Perens · · Score: 2
      If the program is yours, it's generally obvious. If you have a good idea that it's yours, you start by writing letters asking for your license to be honored. If that doesn't work, you can bring suit and see the source code in the discovery process.

      Thanks

      Bruce

  106. A concern... by Enahs · · Score: 1

    This loosening of the definition of linking. It sounds as if RMS would like to extend the definition of linking to more generic terms...sounds almost as if he wants the definition to include any working together of code.

    Here's my concern. Let's say I write a neat little utility called "foo" and I decide that, since it's so neat and useful, and because I percieve a great need for the thing in the business world, I exercise my freedom to license my software under whatever license I want and license it under a "non-Free" free-for-non-commercial-use license. My neat little hypothetical util likes to dump a lot of useful information to standard out, and does so non-interactively so that the user can filter the output in whatever format they need. The simplest case for this hypothetical case will be:

    foo | less

    Whoa whoa whoa! I see a pipe there. That's IPC. What if the particular less we're communicating with here is GPL3? Is this something that will be made "illegal" by the new GPL? Would I have to distribute my own filtering utils? Will I have to provide my *own* functionality (probably gleaned from BSD;-)?

    I only bring up this hypothetical situation because it seems to me that RMS firmly believes that businesses will not consider releasing code under the GPL because of the possibility of a competitor circumventing the GPL to write a closed-source wrapper. What about those who simply want a different license?

    --
    Stating on Slashdot that I like cheese since 1997.
  107. What if the new GPL is invalid? by Toojays · · Score: 1

    What would happen if the next GPL was declared invalid by the courts? How would this effect those pieces of software which have the "any later version" clause?

    Say gnufoo is licensed under GPL 2, or "any later version", and GPL 3 is declared unenforceable after some legal struggle, would this mean that I could choose to license gnufoo under an unenforcable license (with whatever consequences that has), or would I have to use GPL 2, since "any later version" is invalid?

  108. Re:GPL is evil by am+2k · · Score: 1
    Readline is an enhanced facility that's not a standard part of POSIX. Everything you need to develop for any other POSIX-compatible operating system (libc and the like) is LGPL. So if you can develop for any other POSIX-compatible system, you can develop for Linux just as well.

    Readline is needed if you want to program an interactive command line program. I'd never program a command line-only app for any OS except Linux (I'd use NSTextField for that kind of task).

    The thing that really gets me about most of the anti-GPL rants is that the basic attitude is "I really want to use all this good stuff, but since I want to make money, I should be entitled to use this without giving anything back," as though making money is somehow the highest calling in life and other people should respect that desire and allow you to use their sweat for your proprietary program. That's precisely what the GPL is all about; if you want to use GPL'ed code, you have to play by the same rules.

    That's not my philosophy. I think it's perfectly ok that you have to redistribute the source if you alter an opensource-program.
    But linking to a lib or calling it via exec() is IMO not altering the GPL'ed code.
    If someone asks me a question about my app, I answer. If someone asks me to release the source of my app, I probably do that too. But I certainly won't dictate others what license they have to use for their own program!

  109. Re:GPL is evil by am+2k · · Score: 1
    after all, you post inaccurate statements about the GPL without seeming to have read it for yourself

    I often make the mistake to believe what layers say.

    In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
    I'd think this says that you're right. But again, IANAL. And that bash is missing from MacOS X Public Beta because of this issue is a fact.

    Yes, and the authors decided to place it in what amounts to a permanent public domain. If you don't like that, then use something else.

    Yes, I don't use Linux. It's that easy.

    It's a shame that your application will be restricted to just one operating system, though. And that the development of Gerry's ICQ looks a lot slower than icqlib's, and that your application will have far less features.

    Then don't complain about me stating that it will hurt users.

    btw, I find it very interesting that "fuck you" or "first post" is equal to "GPL is bad, because... example 1...example 2..." at slashdot. This is a discussion board after all, not a GPL-praising camp.

  110. Question... by Omnifarious · · Score: 3

    While I very much support the ideals of the FSF, I have a problem with the current GPL.

    The current GPL makes it very hard to distribute GPL and non-GPL programs together, even if the non-GPL programs have a liscense I would generally find perfectly acceptable.

    This tends to have the 'rolling GPL' effect, which I'm sure Stallman is very happy about, but I find mildly worrisome. I think this makes it harder for a business to decide to release software under terms that are non-GPL, but still free. In the long run, this undermines the goals of the FSF.

    Is there anything being done in GPL v3 to address this?

  111. Questions about the LGPL by spitzak · · Score: 2
    I don't mind that people use the GPL, but the code I am writing I would prefer to release under the LGPL (the largest thing I wrote is the FLTK toolkit, www.fltk.org).

    This is because I believe the existence of these free toolkits encourages software developers to write portable code that runs on Linux and other free systems. I very much disagree with Stallman's opinion that LGPL is bad. In my experience proprietery software developers will give up and use MFC or other MicroSoft solutions when the alternative is GPL. This hurts much worse than not having their source code.

    I hope that despite Stallman's lack of support, the LGPL will continue to exist and be enhanced.

    My specific question is that the current wording of the LGPL makes use of my software or any other small LGPL library very difficult. This is because it effectively requires dynamic linking. Dynamic linking is very bad, as it requires that the resulting program be "installed" before the user can run it. It also strongly discourages modifications to the library (to avoid version incompatabilities) which imho defeats the whole reason for free software! In my opinion dynamic linking causes my software to be so nearly useless that nobody would want it.

    I have explicitly stated on my web pages that static linking with fltk is allowed and even encouraged, no matter what the LGPL says. But is there any legal way to do this, or any way to fix the LGPL, or make a LLGPL (lesser lesser gpl?) that explicitly allows this? I would prefer to reuse the careful legal work done for the LGPL rather than risk writing my own.

  112. If it has a "loophole," it's not free by Brett+Glass · · Score: 1
    Bruce's admission that the GPL has a "loophole" constitutes agreement that GPLed software is not truly free. Think about it. If the software were truly free, there'd be no restriction from which anyone would attempt to escape via a "loophole!"

    Just goes to show that the FSF's name itself is misleading propaganda. The licensing it advocates makes software non-free, intentionally, for the purpose of hurting creative people and their businesses.

    Stallman has stated his intention to do this for more than 20 years, starting with The GNU Manifesto, in which he advocates reducing programmers' salaries so that they'll be forced into low-paying jobs in academia.

    Bruce Perens, on the other hand, will do anything that will make the license more viral, and therefore more harmful to the companies that compete with the ones on whose boards he serves.

    Lots of lies and hypocrisy here, but no real freedom at all.

  113. Get it straight - go read Marx and Engels by JohnQPublic · · Score: 1

    Under current law, my code is my property. Thus, you have no right to distribute it without me allowing it.

    Correct. That's Capitalism. In fact, if you're a practicing programmer, it's much more likely that your code is your employer's property. That's really Capitalism. Marx understood that, and advocated turning the "means of production" over to those who did the producing.

    Just because GPL software is distributed with full source code doesn't mean it's public domain.

    Correctomundo! It it were public domain, it couldn't be GPL'ed - GPL derives its teeth from U.S. Copyright law, and public domain is copyright's anthithesis. Copyright is all about use of force and coercion, it's just that the GPL uses them to advance an agenda many of us approve of.

    This isn't communist. I'm not forcing you to give anything away.

    Au contraire, mon amis! The GPL is exactly communist, and it is forcing me to give something away. It forces me to give away any changes I make to your GPL'ed code when I deliver the binary form of those changes to someone. Marx would be proud: "From each according to his abilities, to each according to his needs." Free Software is Communism, and that's just fine.

    Things could be worse - wanna try out Software Maoism?