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FSF Denies Latest Apple Attempt at APSL

An anonymous reader wrote in to tell us that "The latest Free Software Foundation take on the newly released APSL v1.2 "In January 2001, Apple released another updated version, 1.2, of the APSL, but it too remains unacceptable. It still has the requirement that any "deployed" modified version must be published. So it is still not a free software license." The dance continues."

215 comments

  1. Surprised? by stilwebm · · Score: 1

    As company known for not telling you what's inside the box, is it a surprise that they're going to put terms that the FSF disagrees with in their "open source" license?

    1. Re:Surprised? by Pahroza · · Score: 1

      No, it's not surprising. However, I think that Apple is slowly moving in the right direction as far as licensing goes. I say just give it some time. Apple is wary of making leaps that are too large as they are afraid it may bite them in the ass (like the new "flowerpower" imac inevitably will). I can't say that I quite understand all of Jobs' reality distortion field.

    2. Re:Surprised? by higginsta · · Score: 1

      What exactly is in an Apple box that is such a mystery to you? Is it the Open Firmware, PCI, AGP,ATA, USB, IEEE 1394, 802.11, PC133 RAM? What?!?

    3. Re:Surprised? by Anonymous Coward · · Score: 1

      He can't figure out how to reach the command line in OS 9, so he thinks it must be hidden.

    4. Re:Surprised? by lscoughlin · · Score: 1

      how about the apple roms that were there for ever and ever that needed to be licensed to make clones... And have been an annoying pain in the ass for things like mklinux and linux ppc in the past.

      --
      Old truckers never die, they just get a new peterbilt
    5. Re:Surprised? by higginsta · · Score: 1
      I agree that it is annoying, I wish we could find some way to boot into NetBSD on those old machines without first booting into the Finder, but Apple is a different company today. Apple is moving towards more open hardware/ software environment, but that sort of evolution will take time. Remember they have to keep in mind their stockholders interest. They may have not met the FSF definition of "Free" or "Copyleft", but they are moving in the right direction.

    6. Re:Surprised? by vought · · Score: 1

      Oh, nice try.

      Ever heard of Open Firmware? Didn't think so.

      Try looking beyond the end of your nose sometime.

    7. Re:Surprised? by m2e · · Score: 1
      • Speaking of AGP: how to setup GART on Macs? XFree uses PCIGART on Macs, wonder why, when it is so open.
      • Half of KeyLargo is still mystery.
      • Ever tried netboot mac with non-MacOSX DHCP server? Good luck.
  2. It's the APSL, not the AFSL by OverCode@work · · Score: 4

    It's named the Apple Public Source License, not the Apple Free Software License, and it lives up to its name. Stallman rejects it (for good reasons), but was it ever intended to gain Stallman's support?

    I'm wary of the APSL (and indeed any other custom license made by a big company so they can jump on the open source or free software bandwagon while still at least feeling like they're in control of the code), but Apple has done some good things with it. OpenPlay, for instance, will be a really neat networked gaming API once the Linux port is cleaned up a bit.

    It's nice that Stallman took the time to review this license and provide intelligent commentary, but I don't think anyone should be surprised by his response.

    -John

  3. Who cares? by Valdrax · · Score: 2

    The Free Software Foundation will only accept one license -- the one that gives them control, the GPL. It does not matter what anyone else attempt to do, unless you give all software over to their dogmatic cause, then you are the enemy. I don't think Apple should pay them a bit of attention. The FSF's dogma has always been "My way or the highway."

    The fact that I can't make a direct system call (and bypassing the LGPL'ed glibc) in Linux without GPL'ing my software is nauseating. The fact that I can't use the GNU regular expression library without GPLing my software is even more frustrating. What is the point of a library you can't use because of licensing issues? How is that free?

    I don't think that it's important. It's just an attempt to get the zealots stirred up in an attempt to force Apple to accept things on the FSF's terms. I say ignore them.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:Who cares? by Anonymous Coward · · Score: 5

      I can't make a direct system call (and bypassing the LGPL'ed glibc) in Linux without GPL'ing my software

      Sure you can, Linus has given you a permission to do so. See /usr/src/linux/COPYING and you will see the following cause:

      NOTE! This copyright does *not* cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does *not* fall under the heading of "derived work". Also note that the GPL below is copyrighted by the Free Software Foundation, but the instance of code that it refers to (the Linux kernel) is copyrighted by me and others who actually wrote it.

    2. Re:Who cares? by I+Am+Smarter+Than+U · · Score: 1

      You are correct. Those moderators who aren't on crack, MODERATE PARENT UP!

    3. Re:Who cares? by Jules+Bean · · Score: 3

      The Free Software Foundation will only accept one license -- the one that gives them control, the GPL. It does not matter what anyone else attempt to do, unless you give all software over to their dogmatic cause, then you are the enemy. I don't think Apple should pay them a bit of attention. The FSF's dogma has always been "My way or the highway."

      Well, the FSF think they're right. Of course. Most people who take a philosophical or moral stance think they've taken the right one ;) But the FSF do accept many other licenses as being free software, most of them not viral like the GPL. They list here, on their website various licenses, many of which they consider free.

      Also, I don't think GPL'ing software gives the FSF any particular control. It's still your copyright, you just happen to have chosen a license their lawyers drafted.

      The fact that I can't make a direct system call (and bypassing the LGPL'ed glibc) in Linux without GPL'ing my software is nauseating. The fact that I can't use the GNU regular expression library without GPLing my software is even more frustrating. What is the point of a library you can't use because of licensing issues? How is that free?

      It's a device to ensure that software stays free. I'm sure you understand this. (I'm not asking you to agree with it, you don't have to). It's a device to protect the author's work, in a different way to a conventional copyright. A conventional copyright protects the author's work by forbidding copying it at all without a fee (and, in general, source code is not available). The GPL protects the author's work by ensuring that derived works must also be GPL'ed (which almost, but not quite, means that their source must be released). The X11 license (also a free software license) simply doesn't protect the author's rights at all.

      Oh, and incidentally, a program which syscalls directly is still (probably) not a derived work of the Linux kernel, and so wouldn't need to be GPL'ed. Exactly what a derived work is, is a subjective, not technical, issue.

      I don't think that it's important. It's just an attempt to get the zealots stirred up in an attempt to force Apple to accept things on the FSF's terms. I say ignore them.

      I think it's simply RMS saying "It seems Apple wishes this to be free software" (and it does seem that; that does appear to be Apple's intention), and "in my opinion, it still isn't, for this reason". No one is claiming RMS is the only voice that counts, but (for me, at least) his views are interesting, because he has taken a long time to think about the issues involved

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    4. Re:Who cares? by alprazolam · · Score: 1

      quit trolling. the fsf encourages you to use other licenses (x11, with the warning that your software can be included in proprietary software). he wasn't trying to stir up anybody, just answering the simple question of whether it was a free license. as for the gnu library, they wrote it, so if you want to use it, play by their rules. otherwise do it yourself.

    5. Re:Who cares? by treke · · Score: 5

      The Free Software Foundation will only accept one license -- the one that gives them control, the GPL.

      Wrong, the Free Software Licenses page specifically lists licenses that they consider to be free software license, which includes:

      • GPL
      • LGPL
      • X11 License
      • BSD
      • Artistic License
      • Netscape Public License
      • Apache License
      • IBM Public License
      • Mozilla Public License
      • QT Public License

      This also bring up your point that you must GPL your software to link to GPL code. That isn't true, you have to license your code under a GPL compatible license. You could license your program under the BSD license(without advertising clause), LGP, or other licenses that meet the standard for compatibility. The FSF is trying to eliminate non-free software, so of course they aren't going to try and undermine that ideal. But they aren't accepting only the licenses that puts them in control.

      If you want to bypass glibc by all means do so, but fullfill the licensing requirements. Wouldn't you demand users of your software to do the same?
      treke

    6. Re:Who cares? by kyz · · Score: 3

      This is a repeat of an old troll. The arguments (identical) have been used before, and they've been debunked.

      The Free Software Foundation will only accept one license -- the one that gives them control, the GPL. It does not matter what anyone else attempt to do, unless you give all software over to their dogmatic cause, then you are the enemy. I don't think Apple should pay them a bit of attention. The FSF's dogma has always been "My way or the highway."

      Surprisingly enough, Apple's dogma is "my way or the highway", too. All licenses are. That's their purpose. The FSF will use the GPL because that's what they stand for. If you ask their opinion of licenses, they have to be as free as the GPL, or even more free (BSD, etc). Licenses that don't offer what the FSF are particularly looking for get panned.

      The fact that I can't make a direct system call (and bypassing the LGPL'ed glibc) in Linux without GPL'ing my software is nauseating.

      Don't bypass it, then. If you wrote portable code, you wouldn't have to deal with any particular OS'es restrictions.

      The fact that I can't use the GNU regular expression library without GPLing my software is even more frustrating.

      Don't use the GNU regexp library, then! There are loads of regexp implementations out there.

      What is the point of a library you can't use because of licensing issues? How is that free?

      I write GPL'ed software. Others write BSD'ed software. It's free for us. Join us. If you don't like that, I'm sure there's a commercial library that will let you license it for money rather than freedom.

      --
      Does my bum look big in this?
    7. Re:Who cares? by Anonymous+Slackard · · Score: 2

      Absolutely! Its about time more folks come out and call the FSF out on this. RMS and Co have done _great_ things for computer science, the GPL acts as a great balancing mechanism in this evil world of software patents and closed source mayhem, but make no doubt about it, BSD type licensing offers the most freedom. RMS would be taken much more seriously if he learned how to call a duck a duck.

    8. Re:Who cares? by Anonymous+Slackard · · Score: 1
      quit trolling. the fsf encourages you to use other licenses (x11, with the warning that your software can be included in proprietary software). he wasn't trying to stir up anybody, just answering the simple question of whether it was a free license. as for the gnu library, they wrote it, so if you want to use it, play by their rules. otherwise do it yourself.

      I think what some folks get a grin out of is that GPL'ed software allows only the weakest definition of 'free', ie., 'free as in beer.' Otherwise, GPL'ed software is heavily encumbered. Hope that clears things up for you.

    9. Re:Who cares? by TechLawyer · · Score: 2

      If only I could block all RMS stories in the same way that I block Jon Katz, all would be right with the world.

    10. Re:Who cares? by Anonymous Coward · · Score: 1
      I believe you are confusing Free with Unrestricted.

      In the United States we have Freedom of the Press. However, that right comes with responsibilities. If a newspaper publishes a story stating that Richard Stallman is a Communist, and Mr. Stallman is not in fact a member of the Communist Party, he is well within his rights to sue the newspaper for libel (or is it slander? I always get the two confused).

      Similiarly, the GNU General Public License grants you the right to view the source of the licensed program, to re-distribute the same, to make modifications to the source and to distribute your changes. However, that right comes with the responsibility of making any code that you write based on the GPL'ed source similiarly free

      If you are unable or unwilling to accept the responsibility, you should not exercise the right.

    11. Re:Who cares? by Johnathon+Walls · · Score: 3

      Actually, the Artistic License is considered to be non-free by FSF, because it is "too vague" and some passages "are too clever for their own good".

      Other than that, the first 4 are considered GPL compatible (modified BSD) and the last 5 are non-GPL compatible, but still considered free software licenses.

      Just wanted to clear that up =)

    12. Re:Who cares? by rakslice · · Score: 1

      "The fact that I can't make a direct system call (and bypassing the LGPL'ed glibc) in Linux without GPL'ing my software is nauseating. The fact that I can't use the GNU regular expression library without GPLing my software is even more frustrating. What is the point of a library you can't use because of licensing issues?"

      Aside: Why would you need to staticly link to the regexp library? Why not just dynamicly link to it?
      Also, why not just do calls through glibc instead of doing direct calls?

      In the eyes of many GPLed library writers, if you refuse to GPL your code, then what you get (not being able to use GPLed libraries) is appropriate punishment for inflicting a non-free license on your users.

      Obviously, if you can convince the code author that whatever licensing you are using is sufficiently free for them not to punish you with a linking prohibition, they can add a license exception to specifically allow linking with it.

      Generally speaking, I think that attracting developers of non-free code to high quality primarily free platforms while allowing them to link proprietary source code serves free sofware advocates writing libraries better than forcing GPLing of software linked to their libraries would. But that's a choice for library writers to make.

    13. Re:Who cares? by gus2000 · · Score: 1

      How do you explain the whole problem with the QT Public License. Yes they consider it to be a free software license, but they also consider it to be INCOMPATIBLE with the GPL.

      The fact of the matter is that just about everything other than the GPL and LGPL is incompatible with the GPL...except BSD, but if you use code under that license in your GPL project then it becomes GPL hence the reason it is compatible.

    14. Re:Who cares? by treke · · Score: 1

      The key part I missed was the Clarified Artistic License, listed in the free-compatible section
      treke

    15. Re:Who cares? by Anonymous+Slackard · · Score: 1
      I believe you are confusing Free with Unrestricted.

      In the United States we have Freedom of the Press. However, that right comes with responsibilities. If a newspaper publishes a story stating that Richard Stallman is a Communist, and Mr. Stallman is not in fact a member of the Communist Party, he is well within his rights to sue the newspaper for libel (or is it slander? I always get the two confused).

      This isn't the only thing you got confused :-) BSD is a much freer license, yet I _still_ cannot use BSD-type licensed software to break into a bank, and guess what? They didn't even have to specify that in the license! So what was your point again?

    16. Re:Who cares? by treke · · Score: 1
      Uhm no... http://www.fsf.org/philosophy/license-list.html Lists a number of GPL Compatible licenses. For the lazy these include the first two non GPL licenses in my list (read Artistic as Clarified Artistic). There is also the Cryptix License, Zlib Licence, W3C License, Berkeley Database License, Python 1.6a2 and earlier license, Guile Licence.

      These are just the licences officially blessed by the FSF. Any license provides the same freedoms as the GPL should be compatible.
      treke

    17. Re:Who cares? by tricorn · · Score: 1

      Although Linus could give his permission for anything he wrote or was assigned to him, all other pieces of the Kernel remain under their own copyright. To the extent that some of those pieces are straight GPL, Linus has no authority to change the terms.

      However, I don't see his "NOTE!" as being anything other than an interpretation of the effects of the standard GPL. To the extent that other contributors to the Kernel knew about his interpretation and/or agree with it, it is presumably valid. Where other code was borrowed from other GPLed programs, such an interpretation would have little weight (although I happen to think he is correct).

    18. Re:Who cares? by Johnathon+Walls · · Score: 2

      Ah, I'd missed that one. I sure hope there's not a "Clarified Converted Classified Coordinating Artistic License" hidden away somewhere.

      This is the problem you get when everyone and their mother release their own licenses and differing versions of each. Meanwhile, I'm still trying to figure out how to get my XFree86 4.0.1 and the nvidia drives to work together nicely =)

    19. Re:Who cares? by civilizedINTENSITY · · Score: 1

      I enjoy the legal issues. I don't enjoy the trolls. Slackard is an artful troll, but truely a troll nontheless.

    20. Re:Who cares? by civilizedINTENSITY · · Score: 1

      His point is that you don't understand "free as in beer" vs. "free as in speech". Your comments regarding the inability of a contract to be formed regarding illegal acts is tangential. He was suggesting that to maximize the freedom of a group of people there exists a ballance between personal freedoms and responsibility. This is inherent in free speech laws, where to yell "fire" in a crowded theater is NOT protected under free speech. Likewise, releasing code without restrictions maximizes a level of freedom. What you can't appear to percieve is that this is analogus to granting the right to shout "fire". The rights and freedoms of the individual as well as the rights and freedoms of a community (as well as a species) need to be ballanced, .i.e., maximized.

    21. Re:Who cares? by Balp · · Score: 1

      >> What is the point of a library you can't use because of licensing issues? How is that free?
      >
      > I write GPL'ed software. Others write BSD'ed software. It's free for us. Join us. If you don't like that, I'm sure there's a
      >commercial library that will let you license it for money rather than freedom.

      The main problem is not that anyone uses GPL, the problem i.m.h.o. is the use of free as a word for describing GPLed software. GPL is actuallt much less free than most other software. GPL is a restrictive licence, the goal of GPL is to make shure that every user can study, change, and redistribute the software that they use. Not that they are free.

      I feel that the resrictions that GPL puts on deriveted work is strange and hard to understand. I i find a problem in a software I must have the freedom to do what I like with that knowleedge. to some extent I can do a loot but I can't sell the binary or the fix. I can sell an step by step instruction of who to correct the error, and I could probably put what ever restrictions I like on these instructions. (As if you can't sell or give away there instuctions.) But IF i make this as a patch THEN suddenly I have to choose the GPL licence for my patch.

    22. Re:Who cares? by Anonymous+Slackard · · Score: 1
      His point is that you don't understand "free as in beer" vs. "free as in speech".

      Your point is that you feel free to post baseless allegations and present them as facts. And you are correct, you can do this all you like. Cheers!

  4. We should do away with licenses by boing+boing · · Score: 3

    Let's get rid of them all. Use software as you see fit...if it has the source, then you can modify it and use it and forget about it, if it is only binary, then you can have the binary and do whatever you want with it.

    Why are we and they making the damn situation so complex?

    Why does RMS have to take a look at everyone's license and make certain it is "Free"?

    Let's just get rid of the whole damn license. Just release your software if you want and don't release it if you don't want. This DOES NOT require lawyers.

    1. Re:We should do away with licenses by Jules+Bean · · Score: 1

      Indeed. RMS would probably be in favour of a total abolition of copyright for computer software. I think I would. But whilst copyright for computer software exists, there is an argument for using a license like the GPL, rather than simply releasing your code with full permissions (which amounts to the X11 license, roughly).

      And copyright is not going away any time soon, I fear.

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    2. Re:We should do away with licenses by Brento · · Score: 4

      Let's just get rid of the whole damn license. Just release your software if you want and don't release it if you don't want. This DOES NOT require lawyers.

      Sounds good in theory, but here's the problem: what happens when a company grabs an open-source product like Linux, makes its own proprietary mods, and then sells the whole thing for a profit - but doesn't allow you to see its changes? That's the problem with doing away with licenses: you can't stop people from doing BAD things with your software.

      A good license (like the GPL) ensures that the work you do is protected, and someone can't rip it off. That's why so many people jump on the Linux bandwagon: they know that the coding they do will be used for the good of the community, not ripped off and shoved into a big, closed-source entity.

      Imagine if Microsoft walked into the Linux fray, dedicated a team of 1,000 programmers to making Linux better, but none of the community was allowed to see the code anymore? What if they released a new version of MS Windows that's actually a Linux base, with the Windows UI on top of it? Suddenly, MS is gaining from everyone's open source work. That's not fair, but that's what happens if you get rid of licenses altogether.

      Right now, the Linux community is protected by RMS's bulldogs, because they fight to make sure what we do stays in the public domain. Lose the licenses, and you lose the right to fight companies who want to rape and pillage the source code for their own benefit (and ultimately harm Linux as a whole.)

      --
      What's your damage, Heather?
    3. Re:We should do away with licenses by boing+boing · · Score: 3

      Now let me see if I understand your argument.

      If Microsoft came in and worked on the software and packaged it and sold it, they would be ripping you off by not giving you the new additions for free?

      I say that is bullshit. You with the GPL are forcing them to be ripped off by taking their work for free if they want yours.

      You still have your work. They still have theirs. No one is hurt by that situation.

      You can't currently stop anyone from doing something bad to your software anyway. Some idiot can still take your software, GPL and release the source to their additions and it can still suck.

      The fact of the matter is that if you want your work to stay in the public domain just say so and keep releasing it anytime someone asks.

      The GPL is not "FREE" no matter how much RMS repeats that it is.

    4. Re:We should do away with licenses by Derang() · · Score: 1

      That sure would make things a heck of a lot simpler, although its never going to happen. The number one reason is because sometimes people want to get compensated for the work they did. Without a license, all it takes is one person to buy the software and then give it to all their friends because they can "use the software as they see fit" The problem is that everyone and their brother is comming up with brand new software license and its becomming hard to keep track of all of the licenses

    5. Re:We should do away with licenses by boing+boing · · Score: 2

      It might not happen in the commercial world, but there is not reason it cannot happen in the "open source software" world.

      It is the same thing in my mind as the hardware issue. I buy something and I should be able to do whatever I want. Likewise, you give me something (software), I should be able to do whatever I want.

      It seems odd that the so many people here line up on the side of the GPL type license and then also complain about not being able to do what they want when they buy a piece of hardware or a CD.

    6. Re:We should do away with licenses by Derang() · · Score: 1

      Now you're talking. The original wording of the post didn't exclude commercial software. I completly agree with you, things would be much simpler in the open source world without having to worry about if you can do what you're trying to do with the software.

    7. Re:We should do away with licenses by Per+Abrahamsen · · Score: 2

      > If Microsoft came in and worked on the software
      > and packaged it and sold it, they would be
      > ripping you off by not giving you the new
      > additions for free?

      Yep. It would piss me off to have to pay for the priviledge of using a product that was mostly my own work, if I gave my part away for free.

      Here, I would prefer something like the Alladin license. Feel free to use it as you want, feel free to distribute it with free applications, but if you try to distribute it as part of a proprietary product, I want a fair share of the profit.

      > You with the GPL are forcing them to be ripped
      > off by taking their work for free if they want
      > yours.

      Yes, I'm putting a gun to their head and saying YOU MUST USE MY SOFTWARE. That's the kind of guy I am.

    8. Re:We should do away with licenses by ChristTrekker · · Score: 1

      If Microsoft came in and worked on the software and packaged it and sold it, they would be ripping you off by not giving you the new additions for free?

      I say that is bullshit. You with the GPL are forcing them to be ripped off by taking their work for free if they want yours.

      You still have your work. They still have theirs. No one is hurt by that situation.

      You're wrong. I have my code. MS has their code and my code. By taking my work, they are getting value from me, which I think I deserve compensation for. I am not a MS employee, and the code is Free, so I am not seeking monetary compensation. What I'm seeking is a free exchange of ideas for mutual improvement. I have a reasonable expectation that improvements to my Free work will also be Free. That is my compensation.

      I never forced MS to use my code! If they want to use it, they abide by the restrictions, or they can implement the same thing themselves. If I were using a more traditional license, they'd have to pay me a royalty fee to use my code. The GPL's requirement that modified Free code must also be Free is just a different stipulation.

    9. Re:We should do away with licenses by jemfinch · · Score: 2
      You still have your work. They still have theirs. No one is hurt by that situation.

      So you think it's fair that they have your work, and you don't have their work?

      I say that is bullshit. You with the GPL are forcing them to be ripped off by taking their work for free if they want yours.

      Huh? Let's think about this one. They take my work for free, and you're complaining because I ask for quid pro quo? You say I'm "ripping them off" because I'm not giving them my code for nothing in return?

      Your argument makes no sense.

      Jeremy
      --

    10. Re:We should do away with licenses by heike · · Score: 1
      Well, we (free software community) can not to release the softwares without license that guarantees that the software will continue to be free.

      I think RMS is a genius in recognizing the problem in the current software licensing system, and came up with a public license that fights against the system to ensure freedom in software. And the best thing about GPL is that it uses software license to fight back the current broken software licensing system.

      Kudo to RMS and everyone else in the community. And long live GPL!

    11. Re:We should do away with licenses by boing+boing · · Score: 2

      In response to all the arguments above, why would you give the software away for free if you really wanted money for it?

      If you want money for it, keep your source and charge for it, don't give your source away.

    12. Re:We should do away with licenses by boing+boing · · Score: 1

      You can certaintly do that.

      If the license says that you can copy the software for any purpose, it means it.

      You are probably concerned about derivative works, but why should a derivative work be free? Cause you deserve it? But you didn't write the extra parts and you still have the old piece of software. I see no reason a license should ever talk about derivative works. It then becomes less "free".

    13. Re:We should do away with licenses by Anonymous+Slackard · · Score: 1
      Why does RMS have to take a look at everyone's license and make certain it is "Free"?

      Much of it has to do with the GPL's rather severe restrictions on which _non GPL'ed_ programs can talk to GPL'ed programs. Many of the arguments seem to stem from the fact the FSF calls GPL'ed software 'free' when its is the most restrictive license short of fully proprietory 'non-free' software. Its interesting to note that some so called 'non-free' software, while not being 'free as in beer', offers much more freedom. For instance, you can buy commercial libraries that offer much more liberal linking/runtime policies than any GPL'ed so called 'free' software would.

      For a long time you could (may still be able to) write unencumbered device drivers for Microsoft operating systems without releasing source. This is _hard to do_ in linux, especially in the case of loadable modules, as the GPL folks have taken the damaging view that loadable modules are merely components of a work, this is a stance that has always mystified me, of course, it may be just that linux is less modular than I thought, I'm not a device driver writer :-)

      So I think its just about the FSF's 1984 style 'doublespeak' that stirs this argument up everytime, the GPL is only free as in beer, not that that isn't a good thing mind you :-)

      2 cents.

    14. Re:We should do away with licenses by GypC · · Score: 2

      He wants something in return and that is for his code and all derived works to remain open. That's the asking price instead of money.

      The Bible is not my book, and Christianity is not my religion.

    15. Re:We should do away with licenses by GypC · · Score: 2

      As long as your not closing off any source code... use GPL'ed code if you want, no worries. If you need to keep the source secret, use BSDL or Public Domain code or write your own damn code for once... no worries.

      I don't see what the problem is.

      The Bible is not my book, and Christianity is not my religion.

    16. Re:We should do away with licenses by redhog · · Score: 2

      No, it's not free, but it is as free as anything can get. And as fair. Why?

      Either, I set a price for my work, my software, and MS have to pay if they want to use it. My price happens to be a license to all of their modifications. This way, the buy my software for theirs.

      Or, I give the software away for free, they use it, and then asks me for money if I want to use their modification.

      Why do they have the right to ask me for a return, if I do not have the some right?

      So no, GPL is not completely free, but it is completely fair, which BSD license is not.

      --
      --The knowledge that you are an idiot, is what distinguishes you from one.
    17. Re:We should do away with licenses by boing+boing · · Score: 1

      You can ask, but it is not "FREE" at all. To call something free, it should be.

      The GPL could best be described as a "barter" license. Your code for theirs. But don't call it free, because you are not donating anything, you are not contributing anything, you are selling something.

    18. Re:We should do away with licenses by tortap-0 · · Score: 1

      The GPL is restrictive but that doesn't matter. What matters is that the source and the use of the program is free in the long run, that makes it free software. With the GPL your freedom ends where the next persons freedom starts, you are free to do as you with until you invade someone elses freedom. If you want a free licence you don't use any and state that it is free for all purposes, otherwise it is still copyrighted. I believe that if MS could, they would eliminate any and all competitors, making it the only commersial OS vendor and leverageing their power to block access to underlying hardware and infrastructure. Therin lies the danger of not imposing any restrictions on your sources use. The GPL is not free but the software is, and that's all that matters.

    19. Re:We should do away with licenses by boing+boing · · Score: 1

      But don't you see, your source and the use of YOUR program are already free.

      I have no clue what MS has to do with any of this talk. People just seem to invoke the name to talk about anything bad that could happen. Please find some new evil to harp on.

    20. Re:We should do away with licenses by kaisyain · · Score: 2

      Lack of monetary transaction is not what makes something Free. Otherwise everyone would agree that Darwin is Free. Look up Free in the dictionary. You'll find:

      "not imprisoned or enslaved"
      "not controlled by obligation or the will of another"
      "not affected or restricted by a given condition or circumstance"
      "not subject to external restraint"

      How, exactly do the restrictions the GPL place on you count as "free"? A restriction is a restriction whether it comes from Apple or the FSF.

    21. Re:We should do away with licenses by Anonymous+Slackard · · Score: 1
      Imagine if Microsoft walked into the Linux fray, dedicated a team of 1,000 programmers to making Linux better, but none of the community was allowed to see the code anymore? What if they released a new version of MS Windows that's actually a Linux base, with the Windows UI on top of it? Suddenly, MS is gaining from everyone's open source work. That's not fair, but that's what happens if you get rid of licenses altogether.

      Why isn't it fair? The origional open source software writer has _lost no rights_, and my non-techie friends would have a better Windows. And I could run a solid OS with a browser that works!

      So wheres this downside I obviously missed?

    22. Re:We should do away with licenses by rking · · Score: 1

      Right, and that is not free

      There are far fewer restrictions than there would be under a typical software license, but obviously I agree it's not 100% free i.e. there are restrictions.

      The intention is to achieve as much freedom as practical by preventing the code being used to create much less free products but allowing it to be freely redistributed and built on subject to the requirements necessary to prevent it being incorporated into less free products. You presumably feel it fails to achieve that goal or else consider the goal "silly", either way there are many of us who disagree with you.

      and is a silly requirement.

      People can bargain for whatever consideration they please. If you accept the right to restrict others from copying the code, which it seems you do though you haven't been entirely clear on that point, and don't like the terms then don't take the code.

    23. Re:We should do away with licenses by rking · · Score: 1

      The GPL could best be described as a "barter" license. Your code for theirs. But don't call it free, because you are not donating anything, you are not contributing anything, you are selling something.

      This is incorrect. I agree that the GPL is not 100% free, however the vast majority of users of e.g. the Linux kernel never have to give anything in return. They can use the code for free. They can redistribute the code for free. They can even modify the code and use the resulting derived works for free. It is only if they want to make a derived work and distribute it and would otherwise have used a different licensing scheme that they effectively have to "give" something in return.

      I don't think this can really be described as "selling" or even "bartering" since the author doesn't require anything back. It's a case of "you may do whatever you like except the following".

      If I said "you can live on my land free of charge and do pretty much whatever you like there including invite others to do so as well just so long as you don't place any furtehr restrictions on them than I'm placing on you", would you say that I'm selling my land? Renting it out? Bartering for it? I don't think any of those would be a reasonable description. IMHO the GPL is equivalent to that.

    24. Re:We should do away with licenses by jeffry_smith · · Score: 1

      Sounds great. One slight catch - without a license, only the owner can distribute the code or derivitive works of the code (copyright law). That's why you need a license - for the redistribution, not for use.

    25. Re:We should do away with licenses by rking · · Score: 1

      So no, GPL is not completely free, but it is completely fair, which BSD license is not.

      I agree with you about the GPL. I don't agree that there is anything unfair about the BSD license. As long as the author chooses to grant the unrestricted rights that it entails then it is entirely fair. If the author is happy with it then who is it being unfair to? If the author doesn't comprehend then that really isn't the fault of the BSD license, it's about as clear as it can be.

    26. Re:We should do away with licenses by rking · · Score: 1

      I have no clue what MS has to do with any of this talk. People just seem to invoke the name to talk about anything bad that could happen. Please find some new evil to harp on.

      You must really hate Microsoft to want to take away from them the this recognition of their success. Whatever you think of them they've worked for this; let them bask in this level of demonisation that few can attract, it won't last forever.

    27. Re:We should do away with licenses by ChristTrekker · · Score: 1

      I never implied that free==Free. What I said was that a "traditional" license usually means that I get monetary compensation. The GPL means I get a different kind of compensation...essentially the right to use any derivative or extension of my Free code.

      The code itself is Free. The users of the code have the restriction that they cannot impinge on the Freedom of the code. It's the same between people, if you want to view it that way. Freedom to one is restriction to another. Your Freedom is a restriction on me against killing you (for example).

    28. Re:We should do away with licenses by megaduck · · Score: 1
      Imagine if Microsoft walked into the Linux fray, dedicated a team of 1,000 programmers to making Linux better

      Looking at Microsoft's history of quality programming, I don't think that I'd want ONE Microsoft programmer working on Linux.

      --
      This .sig for rent.
    29. Re:We should do away with licenses by gte910h · · Score: 3

      {bash}-->echo "Imagine if Microsoft walked into the Linux fray, dedicated a team of 1,000 programmers to making Linux better, but none of the community was allowed to see the code anymore? What if they released a new version of MS Windows that's actually a Linux base, with the Windows UI on top of it? Suddenly, MS is gaining from everyone's open source work. " | sed s/Microsoft/Apple/g |sed s/MS/Apple/g | sed s/Windows/MacOs/g |sed s/linux/BSD/g | xargs echo

      Didn't the above (with my changes) happen via the BSD licence? I don't think that BSDers are upset. Its all about what compensation you want for what you did. They don't want compensation. GPLers do. (Excuse my pidgin bash)

      --
      Want to see every step I took to start my company? http://www.rowdylabs.com/blogs/pitchtothegods
    30. Re:We should do away with licenses by AstroPup · · Score: 1
      Sounds good in theory, but here's the problem: what happens when a company grabs an open-source product like Linux, makes its own proprietary mods, and then sells the whole thing for a profit - but doesn't allow you to see its changes?

      You call it the BSD license. The one I support and the only one I release code under.

    31. Re:We should do away with licenses by civilizedINTENSITY · · Score: 1

      Replace "bullshit" with "correct", and "ripped off" with "paid for" and you are almost there! :-)

    32. Re:We should do away with licenses by civilizedINTENSITY · · Score: 1

      Yet free speech is controlled by obligation. Free speech is also by the context, or circumstance, under which it is uttered. It is the US Constitution that defines and is the external restraint upon free speech. By your arguements free speech is not "free", and THATS THE POINT. Please get it.

    33. Re:We should do away with licenses by HiThere · · Score: 2

      Yeah. That's what happened. To Kerberos, e.g. Funny, the MS version rejects the open versions.
      Caution: Now approaching the (technological) singularity.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    34. Re:We should do away with licenses by Balp · · Score: 1

      > So you think it's fair that they have your work, and you don't have their work?

      Yes, you gave away your code, you did put it up for the use, you still have your things. How anyone else does are up to them and decide, thats freedom. Of cource I may ask them do do as I did but thats a other story.

    35. Re:We should do away with licenses by Account+Number+Three · · Score: 1

      If you release code without a license (and without specifically stating it's in the public domain), it's copyrighted. Nobody else can legally use it.

  5. Misleading Subject by sharkey · · Score: 2

    The FSF has stated that the APSL 1.2 is still not truly "copyleft", as it fails their criteria. The subject makes it sound like the FSF is denying that the APSL exists. I get a mental image of RMS sitting in the corner, rocking back and forth with his hands over his ears, sceaming, "I can't hear you. Nyah, nyah, nyah. You're not real! Not real!"

    --

    --

    --
    "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  6. kinda like BSD then.. by martin · · Score: 1

    well looks a bit like the BSD style licence then. From whatI remember the BSD licence says that you make change you give to the copyright holder (whether not you deploy it AFAIK)

  7. Was apple trying for FSF approval. by biodork · · Score: 2

    I was unaware that apple was trying to get the FSF's approval. Further, you don't hear the BSD people complaining about apple, you mostly hear praise. I would think that just agreeing with the BSD camp (and their FSF unacceptable liscence) would probably torpedo apple regardless of what they do.

    --
    Gavin Fischer
  8. When did RMS become such a hard-liner ;) by cworley · · Score: 2

    He's not happy with anything that isn't "GPL", he never has been, and he never will. We expect him to stand at one extreme of the subject.

    The rest of us can be more pragmatic, and see the advantages of somewhat open source, and be glad to see more companies moving in that direction.

    --
    When I die, please cast my ashes upon Bill Gates -- for once, make him clean up after me!
    1. Re:When did RMS become such a hard-liner ;) by Error27 · · Score: 2

      You didn't read the article.

      RMS merely stated that there were 3 things that stopped him from calling the new Apple license free. And he listed them with comments.

      Nothing extreme about it.

  9. I'm not in it for the Spirit of Free Software... by haystor · · Score: 1
    Apple has grasped perfectly the concept with which "open source" is promoted, which is "show users the source and they will help you fix bugs". What Apple has not grasped--or has dismissed--is the spirit of free software, which is that we form a community to cooperate on the commons of software.

    I don't know about everyone else, but when comparing the differences between free and proprietary software I've become fairly pragmatic. I'm definitely don't feel like belonging to a community. I buy the tools that can't be taken away (free software) and pay the price of complying with the respective licenses. The price of some licenses makes certain company's software too expensive.

    Speaking of tools that can never be taken away, does anyone have a copy of cycle-buffer.el by Vladmir somebody? I've been looking for months...

    --
    t
  10. Sigh by Auckerman · · Score: 2
    As always, this will be modded down as a troll, but at this point, Karma be damned, I don't care. With all due respect to the FSF, who cares what they think is "free software". They set up conditions for a definition of "free" and insist till the end of time that software is not "free" unless it follows the GPL (or some very close and related liscense). Personally, I think the GPL could never be called "free" because of how restrictive it is.

    That all being said, the dogmatic insistence of a definition of "Free" and some self appointed experts who happen to make a lot of noise to not take the fact away that one can get the source to Darwin, and hence the low level code for OS X, look at it, poke at it, and prod it. That is a boom for developers writing drivers, that is a boom for programmers who need to see how things interact with hardware (game developers), and that is a boom for Apple customers who have technical knowledge and want to get OS X running on non-G3/G4 machines. Say all you want, its BETTER that not having the source at all. Apple should be given credit for it.

    --

    Burn Hollywood Burn
    1. Re:Sigh by rgmoore · · Score: 2

      Perhaps you should read Stallman's comments in more depth. He actually reads the licenses carefully and notes what are potentially serious problems with them, not just areas where they fail to constitute Free Software or are GPL incompatible. For the APSL he notes:

      The termination clause says that Apple can revoke this license, and forbid you to keep using all or some part of the software, any time someone makes an accusation of patent or copyright infringement. In this way, if Apple declines to fight a questionable patent (or one whose applicability to the code at hand is questionable), you will not be able to have your own day in court to fight it, because you would have to fight Apple's copyright as well. Such a termination clause is especially bad for users outside the US, since it makes them indirectly vulnerable to the insane US patent system and the incompetent US patent office, which ordinarily could not touch them in their own countries.
      ...
      At a fundamental level, the APSL makes a claim that, if it became accepted, would stretch copyright powers in a dangerous way: it claims to be able to set conditions for simply *running* the software. As I understand it, copyright law in the US does not permit this, except when encryption or a license manager is used to enforce the conditions.

      I think that he has pointed out a potentially very serious problem here. If somebody accuses Apple of copyright or patent violations, they can yank your right to use you own computer because they can revoke your operating system license. Doesn't that sound a bit scary to you?

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    2. Re:Sigh by Jules+Bean · · Score: 2

      With all due respect to the FSF, who cares what they think is "free software".

      People who think that the FSF have thought through many of the issues of free software carefully, and given arguments as to why it is a good thing. Since the FSF (and RMS in particular) have thought about these issues extensively, that makes it interesting (to me) to hear what they have to say. Even when I don't agree with them.

      They set up conditions for a definition of "free" and insist till the end of time that software is not "free" unless it follows the GPL (or some very close and related liscense)

      FUD. Look at their website (here comes the link again) and see that there are many other licenses they class as free, that are quite different from the GPL.

      Say all you want, its BETTER that not having the source at all. Apple should be given credit for it.

      Hear, hear. I don't think anyone (least of all RMS) would disagree with the above statement

      [offtopic remark about trolls] What you wrote certainly isn't a troll. A troll is when an author deliberately makes comments that he doesn't even personally believe to be true, just to incite an argument. You believe what you said, that's not a troll. (Moderators take note, please)

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    3. Re:Sigh by Cardinal+Biggles · · Score: 2
      As always, this will be modded down as a troll

      And why do you think that is? Could it be because you don't have your facts straight and are posting stupid comments about the Free Software Foundation before thinking twice?

      They set up conditions for a definition of "free" and insist till the end of time that software is not "free" unless it follows the GPL

      Go here and check what licenses make free software according to the FSF. Then come back in shame.

      Every time there is a story on Slashdot these days that even vaguely concerns the FSF, it gets flooded by a bunch of losers who feel they have to talk crap about how bad this organisation really is.

      The Free Software Foundation, and Richard Stallman in particular, deserve a lot of respect. If you've got something against them, at least have the decency to come up with some real arguments.

    4. Re:Sigh by selectspec · · Score: 2

      Clearly, Apple is doing a good deed by opening the source to Dawin and OS X, and they should be praised for it. With regards to FSF, I appriciate their warning and the information they have provided. Trying to sift through weird licences is a pain in the butt and I'm glad the've done it for me. However, bickering over what is "free" and what is "not free" is a complete waste of time.

      --

      Someone you trust is one of us.

    5. Re:Sigh by Jules+Bean · · Score: 2

      That's right, he cares about freedom. But freedom isn't all-or-nothing. The APSL gives you some of the freedoms that RMS (and you, and I) agree are desirable. Being given some of those freedoms is, IMO, better than being given none of them.

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    6. Re:Sigh by Bruce+Perens · · Score: 2
      Well, you could get the source to Darwin before Apple came along, because it is derived from BSD. Apple put it under a more restrictive license than it had previously. Unfortunately, the BSD license lets you do that. The GPL would not.

      This is an interesting case because the main objection RMS is making is to terms of the Apple license that force you to give away even more code than the GPL would! In this case, RMS is supporting your right to hold back your code if it is not distributed. This is rather a turn-about from the way these arguments usually go.

      Bruce

    7. Re:Sigh by Shadow+Knight · · Score: 2

      The termination clause is not present in the later versions of the APSL, a fact that RMS conveniently ignores. The only objection that remains to the APSL 1.2 is the clause which states that all modifications must be released, even if they are not publically distributed. He says this interferes with privacy, and so he declares the license not Free.


      Supreme Lord High Commander of the Interstellar Task Force for the Eradication of Stupidity

      --

    8. Re:Sigh by pod · · Score: 1
      They set up conditions for a definition of "free" and insist till the end of time that software is not "free" unless it follows the GPL (or some very close and related liscense). Personally, I think the GPL could never be called "free" because of how restrictive it is.

      This comment is guaranteed to gather replies to the effect, of course it's free, it allows the users to do anything they like with the software, and if they modify it and release it to the public they have to release their changes in source as well for the betterment of all. (Of course this comment being prefaced with 'I'm sure to be modded down for this' is sure to be modded insanely up... I should consider doing that, it's almost guaranteed karma haven.) Well, good for the users I say. I also say screw the users, what about the developers? GPL software is anything but free for the developers (strictly developers, RMS will tell you users should be (and will become) developers as well). Here you have megabytes of perfectly good code floating around, and many libraries and snippets GPLed for no other reason than, well, everything else is GPLed, it's the easiest thing to do. Now anyone hoping to use such a piece of code must GPL their own software as well, and I bet at least half of GPLed software was licensed so without the author aspiring to any lofty goals of the FSF, most likely without the author having fully read or even understood the implications of GPL.

      --
      "Hot lesbian witches! It's fucking genius!"
    9. Re:Sigh by bgarcia · · Score: 2
      The termination clause is not present in the later versions of the APSL, a fact that RMS conveniently ignores.
      And what version are you reading?

      The latest one I can find is APSL v1.2, which has a termination clause:

      12. Termination.

      12.1 Termination. This License and the rights granted hereunder will terminate:

      • (a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
      • (b) immediately in the event of the circumstances described in Section 13.5(b); or
      • (c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
      12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
      RMS has done a good job of reading over these licenses and determining if they restrict freedom. He is not simply saying it isn't free because he doesn't like it. Indeed, he has stated that he doesn't like the Netscape Public License, but still admits that it is a free license.
      --
      I'm a leaf on the wind. Watch how I soar.
    10. Re:Sigh by Auckerman · · Score: 1

      Finish my Quote, then come back in shame.

      --

      Burn Hollywood Burn
    11. Re:Sigh by Twanfox · · Score: 1

      Just a quick question. Understandably, the source code would most likely be released under the APSL license, but would a precompiled ready-to-install version also be released under this same lisence? And if it's not, would that mean that you could still use a non-altered copy, since it would not be 'Covered Code' as the license puts it?

  11. Disrespect for privacy by CyberDawg · · Score: 5

    I think one of the most egregious parts of the new APSL is the clause preventing you from making modifications for your own use without sending them in to Apple. One of the great benefits of open source software is the ability to tweak it to fit your own unique or perverse environment, whether it's home or business.

    I change things. I hack. I added trailer brake controls to my pickup truck and put diamond plate steel in high-wear parts of the bed. I put longer power cords on some of my tools. I've made numerous tweaks to my computer hardware. I made holes in a bookshelf for power cords so I could put electronics in it.

    People modify their environment. It's one of our distinguishing characteristics. I deeply resent a software vendor telling me that I can't tweak with their open source software unless I'm willing to send them my changes, and I have a feeling I'm not the only one.

    1. Re:Disrespect for privacy by bnenning · · Score: 3
      I think one of the most egregious parts of the new APSL is the clause preventing you from making modifications for your own use without sending them in to Apple.

      From my reading of the APSL this is incorrect. Section 2.2c states you must release the source to any "deployed" modifications, and the definition of "deploy" in section 1.4 specifically excludes personal use. So I don't see any problem with tweaking Darwin for your own purposes and not notifying anyone. Of course IANAL, so I may be missing something.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:Disrespect for privacy by jmenezes · · Score: 2

      "I think one of the most egregious parts of the new APSL is the clause preventing you from making modifications for your own use without sending them in to Apple"
      Not to nitpick, but have you ever actually READ the version 1.2 of the APSL? in it it clearly states that its free to use as you see fit for personal use, or internally for R&D purposes WITHOUT notifying apple of your modifications if you wanna take the code, and hack it around to have darwin working on your power mac 6100*, go ahead, the code is there, tweak and hack away. if you wanna make it work for one of the Motorola PowerMax 6000**'s you got off of ebay last year, go right ahead.
      As long as your not putting it in a commercial production environment, or selling a product based on the code and your modifications to it, Apple doesnt give a rats ass about it.
      no, its not as open and free as the BSD license. but remember, you said you want the code to hack around, to change things in your environment...
      GO RIGHT AHEAD
      the APSL isnt stopping you. do as you see fit with the code, provided you dont release it in a production or commercial environment.
      and if you were to do so, all you have to do is send your mods over to Apple, and if they think its something worthwhile including in the main darwin product, then they will do so. Just send them notification.
      and if you were to use linux for your project which you were selling, remember, you have to give your source code away anyway.
      the only diference is that your sending your changes to one entity under the APSL, and to any joe hacker schmoe that wants to look at your code under the GPL.

      *The powermac 6100 is the first powerpc-based mac, but since its based on the NuBus architecture, its pretty much incompatibvle with darwin, OSX, and pretty much anything except MKLinux
      **The PowerMax 6000 was a CHRP (common Hardware Reference Platform) machine, the first chrp machine introduced to the general public (Macworld Boston 97, I had the pleasure of playing with one at the floor) but was only made as a few hundred prototypes, and killed shortly thereafter after Apple killed cloning and refused to allow motorola to sell them

      and completely OT--- why does the Extrans mode (allowing HTML tags to the text) NEVER work?

      --
      Stop over-analyzing your analizations
    3. Re:Disrespect for privacy by TechLawyer · · Score: 2

      It's an unenforceable clause, though. Apple will never find out about hacks you make for your own environment, and they'll never be able to get a warrant for a fishing expedition to see if you have them. Philosophically, you are absolutely correct, but pragmatically, Apple can't do anything to enforce this. What I think they're trying to prevent is forking of their OS by people who may modify the OS and publish alternate distros.

    4. Re:Disrespect for privacy by isaac_akira · · Score: 1

      put diamond plate steel in high-wear parts of the bed

      Wow! You must have QUITE a sex life! I'm jealous...

    5. Re:Disrespect for privacy by CyberDawg · · Score: 1

      bnenning quoted a single sentence from my article and wrote "From my reading of the APSL this is incorrect."

      Please read the rest of the paragraph you lifted that sentence from. You'll see that I'm referring to home and business use. When one does freelance writing/coding and/or owns one's own business, then the line becomes very fuzzy between personal use and business use.

      I wrote my computer off on my taxes because I use it for work. A strict reading of the APSL would probably cause any changes I made to be interepreted as not being for "personal use."

      I appreciate the comments, but please read the entire message you're responding to rather than quoting me out of context.

    6. Re:Disrespect for privacy by CyberDawg · · Score: 1

      jmenenzes nitpicked "...it clearly states that its free to use as you see fit for personal use, or internally for R&D purposes WITHOUT notifying apple..."

      See my response to bnenning for a broad view of my reasoning. To get down to the details you cite, I'm presuming you haven't had the misfortune to deal much with lawyers? Especially lawyers for very large companies?

      If I modify something "for my own use" in a small-business environment, and use it every day, does that constitute "release to a production environment"? How about if I allow my co-workers to use it? I guarantee that if a lawsuit were filed, my lawyer would answer "no" to both questions and Apple's lawyer would answer "yes." Apple has quite a bit more money than I do, which means that in today's legal environment, they'd step all over me.

      The first rule in dealing with contracts is to practice preventive law. Don't sign anything that can be interpreted against you. Clearly, there are holes in the APSL you could drive a truck through, and I don't like them.

    7. Re:Disrespect for privacy by Moofie · · Score: 1

      So they give you their code, free of charge, and you feel somehow slighted when they ask you to give yours back to them in return? Seems pretty damn selfish to me. How does it hurt you to give them your code? If it hurts you to give them your code, how do you justify hurting them by accepting their code?

      --
      Why yes, I AM a rocket scientist!
  12. Credit by banuaba · · Score: 1

    I've got to give credit to them for trying...
    I don't see MS doing anything close to this. Apple is trying to balance legitimate business concerns with giving users what they want. In short, they are trying to 'Think Different'.
    Sure, maybe they haven't made it all the way to pure GPL or done the best that they could have, but they're making an effort to fight the good fight, and shouldn't that be worth something?


    Brant

    --


    Brant

    Argle. Bargle.
    1. Re:Credit by Delphis · · Score: 1

      Apparently not if you're RMS who's only pleasure in life seems to be to rant and bitch about things not being free enough for him. Encouragement and ideas to help don't seem to come from his direction.

      Sorry, that's GNU/Free too btw ..

      --

      --
      Delphis
  13. If you by jjr · · Score: 1

    Do not like it the do not use it. That simple if the restriction of the license is ok to you the for all means USE IT. Think about how the code will benefit you.

  14. GPL... by Karma+Sink · · Score: 3

    The termination clause says that Apple can revoke this license, and forbid you to keep using all or some part of the software,
    any time someone makes an accusation of patent or copyright infringement.


    You know, not to nitpick, but doesn't the fact that the GPL can be changed at any time sort of do the same thing? I mean, it's not spelled out in writing, but couldn't Stallman just change the wording horribly, at any time, and own it all?

    Just a thought...

    --

    When encryption is outlawed, ?o'AZ-,++o+i++##4AoA+-/-C++bI+/.+~
    1. Re:GPL... by (void*) · · Score: 2
      If you are worried about that, just specify the version under which it is licensed. State: I release xxx.yy.tar.gz under the terms of the GNU GPL Version 2.0. If FSF comes out with a GPL Version 3.0 which you hate, you will still get to use Version 2.0.

      It is either that your roll your own license.

    2. Re:GPL... by Karma+Sink · · Score: 1

      That would work great, but there's already a whole lot of software out there that didn't. I mean, isn't Linux itself under the generic GPL? If Stallman decides he's sick of it not being called GNU/Linux, couldn't he just change the GPL to reflect that he owned all rights to the kernal?

      --

      When encryption is outlawed, ?o'AZ-,++o+i++##4AoA+-/-C++bI+/.+~
    3. Re:GPL... by Majix · · Score: 1

      isn't Linux itself under the generic GPL?

      No. The Linux kernel is specifically licensed under version 2 of the GPL. See here for more info.

    4. Re:GPL... by Jules+Bean · · Score: 1

      No.

      If you ship the GPL with your software, and indicate that it is the license for your software, then that's the one you're talking about (that very one there in your tarball).

      Of course, if your boilerplate allows the user to use 'any later version, at your option' (which some GPL boilerplates do say) then there is indeed a point. But note the 'at your option' --- that's you (the user), so the user has will always have the option of using 2.0.

      So, in practice, RMS couldn't play any damaging tricks, really.

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    5. Re:GPL... by maroberts · · Score: 1

      but couldn't Stallman just change the wording horribly, at any time, and own it all

      Nope, you haven't read the GPL carefully enough, as others have pointed out, you normally state that the code is licensed under a specific version of the GPL, thus ensuring that the license cannot be changed after the fact.

      As normal practise, a number of developers allow you to accept the current version of the GPL or any later version, whichever provides the terms and conditions you are looking for.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

  15. Poppycock. by Dr.+Dew · · Score: 5

    The Free Software Foundation will only accept one license -- the one that gives them control, the GPL.

    A license need not be GPL to be GPL compatible.

    The FSF has no power except its voice. If you don't like what FSF is saying, you can ignore them. If you don't want to play ball with them, you don't have to write code for tools that do.

    But don't misreprent what they're saying. They prefer the GPL, no question. Beyond that....

    1. Re:Poppycock. by hawk · · Score: 2

      > A license need not be GPL to be GPL compatible.

      No. But the license must be *assimulable* by the GPL in order to be "compatible."

      The flip side is that the GPL is not compatible with *anything* else by the standards used for calling licenses "GPL compatible." . . .

      hawk

  16. Responsibility? by LenE · · Score: 3

    Not intending to start a war here, but...

    I read this clause as an attempt by Apple to maintain some responsibility for their code. In light of the DMCA and other "our software isn't broken, it's your fault" legal stances of most commercial software companies, we should applaud those that stand behind their software.

    I can hear the frustrated keyboard banging now. "But I should have a right to my changes" you say. Look at the liability that a corporate entity encounters with free licenses. Let's say for example that some small company took Darwin, and modified it in some way to become the base of an air traffic control system. Let's also say that such a system hosed up a major hub airport, and a multiple plane collision occurred.

    Would Apple be liable because their software was used? If said modifications on their base were the root cause, and they had no idea that such changes were made, they shouldn't be held liable. Almost all of the lawyers that I know would tend to follow blame until they reach the deepest pockets.

    By requiring return notification, they can limit their liability, and take responsibility when appropriate.

    I don't see emacs or the gimp becoming life-or-death software, so something like the GPL does make sense. If I were Linus, though, I would be extemely worried as Linux creeps into more and more embedded applications.

    My 2 cents,
    -- Len

    1. Re:Responsibility? by bfields · · Score: 2
      By requiring return notification, they can limit their liability, and take responsibility when appropriate.

      I don't understand how the notification requirement would limit their liability; in your air traffic control example, wouldn't it actually appear to *increase* the chance that they could be blamed? Someone could say "you knew about this unsafe modification, yet you took no action to warn of its risks", whereas if Apple hadn't been notified, the fact that they could claim complete complete ignorance of the modification would seem to help absolve them of responsibility for it. In the case that they did want to guarantee a piece of software for a given use, they could just make an individual agreement, independent of the license, with users that needed the guarantee, certifying a particular unmodified version for a particular use.

      In general, this is the obvious way to handle GPL'd software in critical situations where a user needs someone else to accept responsibility for software flaws; some entity (perhaps the author, perhaps a third party) can study a particular version of the code and promise to accept responsibility for it for a given use; I don't see that anything in the GPL prevents this. You're not preventing a user with which you make such a contract from modifying and redistributing the software, you're just giving them additional rights above those the GPL gives them, which apply only to a certain unmodified version.

      So what's the advantage of the APSL again?

      --Bruce Fields

    2. Re:Responsibility? by LenE · · Score: 1

      Yes, without this clause, Apple could claim ignorance about modifications, but it wouldn't extract them from litigation. Also, with the clause, they can provide the special purpose license that you alluded to, because they would be informed about the use of their software for purposes outside the scope of the design intent.

      I believe that most legal contracts are a bit idealistic, in that the limits of about 50% of the clauses will never be tested and don't apply to 95% of the people engaged by them. These clauses are still there just in case.

      Maybe the air control scenario was ill-chosen. I may not be anywhere near the right track in my interpretation of the existence of the clause.

      I've been a long time Apple follower/sufferer, and one thing that I can tell you from their history, is that Apple usually has the end-user's overall experience in mind when it releases fixes. Many times, they have either retracted fixes or had rapid re-writes of fixes for various OS flaws, when other problems have been discovered. Many times, this commercial software company has patched problems as quickly as any open-source developer. The one thing that has consistently present in most of their fixes is that the patches have been released under their control. I can count on one hand the number of third party patches to their systems. This clause may have more to do with their brand management; Apple supplies the fix to people's problems with Apple's products.

      You can't avoid the brand management issue with this license beacuse "Apple" is in the title. As this license is written, you could notify Apple of your modification, they *could* determine that your modifications are not in their best interest, and they could issue an alternative license for your works which would grant greater freedom to your work, in return for lesser liability for their source, for this particular instance.

      This situation would be somewhat similar to the dual licensing of Ghostscript under the Alladin license for new versions and the GPL for depreciated versions.

      -- Len

    3. Re:Responsibility? by Pheersum · · Score: 1

      Well, the GPL clearly states: NO WARRANTY. NOT EVEN IMPLIED WARRANTIES (etc...etc..) in big print.

  17. Have any of you even READ the FSF page on it? by weave · · Score: 5
    Apple has the right to retroactively change the terms of the license?

    How would you feel if you spent months making mods to a package and then all of a sudden couldn't release it cause the code you based it on had its license revoked? (and to top it off, you'd STILL be obligated to give Apple your changes anyway).

    That doesn't sound "free" to me.

    What about the lack of freedom to make mods and NOT release them if you just doing for internal company use?

    That sounds like less freedom to me too.

    I really don't understand why /.'ers hate Stallman so much...

    1. Re:Have any of you even READ the FSF page on it? by Fujisawa+Sensei · · Score: 1

      We hate Stallman because he says that, "It you use my code with your code, you have to give your code away."

      Doesn't sound free to me.

      And becasue he a Zealot about what he defines as free.

      Some anal FSF twit will probably nitpick this statement apart, but WTH, I have some Karma to burn.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    2. Re:Have any of you even READ the FSF page on it? by GypC · · Score: 2

      I think Stallman is a great guy, even though I'm not fanatical about software licenses. Someone has to be.

      Don't listen to this bunch of pussies, most of them wouldn't know good character if it came up and kicked them in the nuts.

      The Bible is not my book, and Christianity is not my religion.

    3. Re:Have any of you even READ the FSF page on it? by Jules+Bean · · Score: 4

      We hate Stallman because he says that, "It you use my code with your code, you have to give your code away."

      (Aside: So you hate people for their views on copyright? Nice...)

      Ah? I misheard? You hate his views? Fair enough. Let's discuss, then.

      Stallman: If you use my code in your code, you have to give your code away
      'Old-style' software company: You can't even look at my code! It's private! Don't you dare copy it! That's called piracy, that is!

      Well, the contrast is there for all to see. Stallman envisions a world in which, because there is constant, free sharing and reuse of software, the programs get enormously better, and all can use them freely. The GPL is a device (with drawbacks) for acheiving this goal. I can understand that.

      To be more mercenary: If you use my code, (in your code, to make a better program), I want something back. Before I heard about free software, I would have asked for money. Now, I'd use the GPL, and hence be asking you to give your code back (not just to me, but to everyone). That's the fee --- I think it's a great one.

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    4. Re:Have any of you even READ the FSF page on it? by weave · · Score: 2
      Jesus Christ, I'm not a Stallman fanatic. For example, the BSD license is OK in my book. If someone wants to release code and don't mind if some company takes it, mods it, makes millions and locks it up so no one else can use the changes, that's fine with me.

      But this license sounds dangerous. If you make mods, you HAVE to give it back to Apple and THEN they can decide to revoke the license retroactively. Sounds to me like in that case you have NO rights to even your own code (oh, I guess maybe to the diff, but what good is that if you can no longer legally grab the source to apply your patches against?)

      Now please explain to me again why Stallman is a fanatic for being against this?

    5. Re:Have any of you even READ the FSF page on it? by Bruce+Perens · · Score: 4
      No, they don't have the right to retroactively change the license. Read the license:

      7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.

      So, you can continue to use the old version. This is the same as many other licenses, including the GPL itself.

      This case is interesting in that the Apple license gives you less chance to keep your modifications private, and that is what RMS is objecting to.

      Bruce

    6. Re:Have any of you even READ the FSF page on it? by Fujisawa+Sensei · · Score: 1

      You hit the nail on the head though with your mercenary description. "The price for using GPL code, is the code."

      In my opinion that really isn't free.

      (Aside: So you hate people for their views on copyright? Nice...)

      You are only partially right there, I hate Stallman because he is a Zealot, (perhaps I should say self-rightous zealot), about his views on copywrites. Everybody is entitled to their opinion, personally I think copywrites should expire something like 20 years after publication, to me thats incentive to keep doing new stuff.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    7. Re:Have any of you even READ the FSF page on it? by SuiteSisterMary · · Score: 3
      So, you can continue to use the old version. This is the same as many other licenses, including the GPL itself.
      You missed the telling line:
      No one other than Apple has the right to modify the terms applicable to Covered Code created under this License. Take out the words 'no one other than', and it reads like it is: "Apple has the right to modifiy the terms applicable to Covered Code created under this License." In other words, say you create MacFooBarX, and release it under APSL 1.2, say. Anybody else who gets their greasy little hands on it can do whatever they like, but it remains under APSL 1.2; they can't turn around and publish it under a different license, blah blah blah. But Apple can. They can 'modify the terms,' retroactively, without warning, at whim, and without even knowing what's under the license and therefore affected. I think. I, of course, am not a lawyer; I'm a human.
      --
      Vintage computer games and RPG books available. Email me if you're interested.
    8. Re:Have any of you even READ the FSF page on it? by rgmoore · · Score: 1
      For example, the BSD license is OK in my book.

      Well, the BSD license is OK in Stallman's book, too. He thinks that it's not the best license because it doesn't guarantee continued software freedom, but he agrees that it is a Free license and is GPL compatible. He does comment that the phrase "the BSD license" is unclear because it might refer to the old BSD license with the advertizing clause and suggests that the X license is a clearer example of the concept.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    9. Re:Have any of you even READ the FSF page on it? by Bruce+Perens · · Score: 2
      Yes, Apple may issue an APSL 1.3 which applies to all code contributed under APSL 1.2, but they can't stop anyone from using the old version of the license on old code. So, they could decide to close future development at any time, and they could keep your code when they do it, but they could not stop you from creating a free fork of the most recent free code. That sounds a lot like the BSD license to me, but without the right for anyone to change the license, only Apple can change it.

      If you are the copyright holder of a modification and you can make that modification into something stand-alone that is not derivative, you may also separate it from the Apple code and dual-license it.

      I think APSL 1.2 is an Open Source license, and I told Apple I'd endorse it as such after I reviewed it. I am not putting my personal code under it, for the same reasons I don't put my personal code under the BSD license - both licenses leave the code open for someone to take it private. Some people care about that, others, like the BSD folks, consider it a virtue that the code can be taken private. Both sorts of license are Open Source.

      Thanks

      Bruce

    10. Re:Have any of you even READ the FSF page on it? by Nugget · · Score: 1
      *IF* you decide to use *someone elses* code, the GPL requires you keep the code free

      No, this isn't accurate. More accurately stated: *IF* you decide to use *someone elses* code, the GPL requires you to make *your* code as available as the original (GPL'd) code.

      The GPL obviously doesn't concern itself with keeping the original code available, since there's no way for a coder to make the original GPL'd code unavailable simply by using it.

      The teeth of the GPL sink deeply into the potential future work of other programmers, not the covered code.

      If someone were to take your GPL'd code and refuse to share their changes, they are not imprisoning software you gave freely. They are not allowing you access to software that you wrote, and software that some would argue you have no right to dictate the license for. After all, they wrote it (the changes), not you.

      I'd argue that if you want to prevent people from using your code in this way (which is what the GPL is designed to do) then you aren't giving freely. You're giving conditionally, and those conditions are spelled out in the restrictions of the GPL.

      So, I guess, no, we're not clear yet.

    11. Re:Have any of you even READ the FSF page on it? by wct · · Score: 1

      Can I also point out these terms only apply if the product is made publicly available. So:

      Stallman: If you use my code in your code, and sell it, presumably for profit you have to make your source code available
      'Old-style' software company: That's not good enough. We want to sell your code too, but you can't look at ours, and if you do you're a pirate.

    12. Re:Have any of you even READ the FSF page on it? by Account+Number+Three · · Score: 1

      (I am not a lawyer)

      IMO, your reading would be correct if it said "No one other than Apple has the right to issue subsequent licenses that provide different terms applicable to Covered Code created under this License", or something similar.

      However, No one other than Apple has the right to modify the terms applicable to Covered Code created under this License is not limited by the previous clauses. Apple can issue the statement that "Pursuiant to our right to modify the terms applicable to Covered Code under the APSL 1.2, further distribution of code under the APSL 1.2 is prohibited."

      In that scenario, Apple didn't issue a new or revised license with different terms and a different version number; they merely exercised discretion (implicitly) granted in 1.2.

      Anyway, on a hobbyist level, I wouldn't worry about it. But if a company whose stock I own used code under the APSL 1.2 for a major project, I'd sell immediately.

  18. APSL--what's new in 1.2? by bfields · · Score: 2

    For easy reference, here's a link to the Apple Public Source License, v. 1.2.

    I'm having some trouble understanding which parts of Stallman's commentary apply to the revised version of the license; from his comment on 1.2, it would appear that he's saying that the only remaining problem is the requirement to publish all modifications, but from the license it looks like some of his other comments might still apply; anyone else understand the situation?

    --Bruce Fields
  19. This is the problem, Not Apple... by krystal_blade · · Score: 4
    Ideas like this are the main problem behind "free software" attempts...

    It is not a true copyleft, because it allows linking with other files which may be entirely proprietary.

    A truly free software license wouldn't/shouldn't care what you do or do not link to.

    To that effect, what Richard Stallman is describing is contradictory to the "freedoms" he describes in the GPL.

    There are two different fences in software. On one, major corporations are attempting to demand the right to force consumers to pay for everything they see, hear, and do.

    On the other fence, Free Software proponents claim that software should be free, and to that end, have come up with an EULA that is just as restrictive as the corporations, without the dollar signs.

    What neither side sees is the eight lane freeway right in the middle that Apple is trying to drive on, while both sides throw bricks at them.

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
    1. Re:This is the problem, Not Apple... by Jules+Bean · · Score: 2

      Hmm... with the 'italic quote' convention, what do I do about italics within italics? Let's try bold

      It is not a true copyleft, because it allows linking with other files which may be entirely proprietary.

      A truly free software license wouldn't/shouldn't care what you do or do not link to.

      It's important to notice the difference between a free software license, and a copyleft. A free software license is simply a license which satifies the freedoms RMS suggests (which is very similar to the Debian guidelines). A copyleft is a specific kind of free software license, once which deliberately hinders the progress of non-free software. RMS isn't saying that the APSL must be copyleft to be free; he's just remarking that it isn't copyleft.

      To that effect, what Richard Stallman is describing is contradictory to the "freedoms" he describes in the GPL.

      Yes. The copyleft is a sort of compromise; it does restrict the users freedoms. It does so, the FSF hopes, to help the 'larger' cause of free software. But you're absolutely right in noticing that it is a restriction.

      You're wrong about the middle road, though. The middle road exists, and RMS is happy with it. The middle road is the X11 (BSD without advertising) style licenses, which are free, but not copyleft. Apple's APSL isn't middle-of-the-road, it's just hovering around the right fence ;-)

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
  20. 'deployed'? by mikeee · · Score: 1

    Yeah, seems to have serious problems, but it's better than nothing. The problem with getting rid of the 'deployed changes have to be published' clause is then you get into the GPL's big quagmire of 'at what point does deployment become distribution?'

    1. Re:'deployed'? by Jules+Bean · · Score: 1

      That's a copyright law question, though, so not specific to the GPL (or APSL).

      It's `distribution', and copyright law comes into effect, when a copy is made, basically. But the idea of `fair use' outlines some circumstances when making a copy still only constitutes use.

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
  21. I'm not sure RMS understands Open Source by Russ+Nelson · · Score: 2

    Why does RMS continue to decry the open source movement? We have the same goals as his: that people should be free to modify most software around them. We just lose the philosophy and politics surrounding his free software movement, and go straight to the code. If it's free code, it's Open Source. If it's not free, we won't certify it as Open Source. Period. End of discussion. Why does RMS want to keep talking about it?
    -russ

    --
    Don't piss off The Angry Economist
    1. Re:I'm not sure RMS understands Open Source by Jules+Bean · · Score: 1

      Presumably because, to him, the philosophy behind it is the important part. I agree with him: there are moral, as well as practical, imperatives to use free software. I won't duplicate the arguments here, they're all over the web ;-)

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    2. Re:I'm not sure RMS understands Open Source by Hanno · · Score: 2

      I found this article on Salon.com the best explanation so far.

      ------------------

      --

      ------------------
      You may like my a cappella music
  22. FSF and RMS say APSL is not GPL. by SpanishInquisition · · Score: 1

    I say /. uses TMA

    --
    Je t'aime Stéphanie
  23. In other news... by krystal_blade · · Score: 1
    This just in... The Free Software Foundation just denied the sunrise.

    Seeing as how they were able to deny apples license, when it actually exists, we urge citizens to stock up on generators, and UV lamps.

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
  24. Compare to Microsoft by green+pizza · · Score: 2

    At least Apple is trying. You don't see Microsoft opening up anything. Or perhaps I haven't dug far enough into www.microsoft.com (I get too many Netscape javascript errors).

  25. Please stop the FUD! by Per+Abrahamsen · · Score: 2

    > The Free Software Foundation will only accept
    > one license

    BZZT! WRONG!

    Please follow the link given in the article. The FSF has evaluated a lot of licenses, and some (like BSDL and MPL) get the "free software license" predicate, other (like the Sun "community license" or the Apple license does not).

    What is true is that they in generel prefer the GPL, not really surprising given that they wrote it, but they also use and accept other free software licenses in situations where they are more practical.

    The myth that the FSF rejects all other licenses is spread both by people who are ignorant and anti-GPL zeleats who deliberately lies. The second group cannot not be stopped by arguments, but the first group can easily find out the FSF position by looking at the content of their ftp site, and the statements on their web site.

  26. too much hurts by El+Cabri · · Score: 2

    I think there's a point where the FSF's fanatism might harmful to the free software movement's image. The FSF has no right to a monopoly on the definition of what free (libre) is. When a company that is the quintessence of the notion of proprietary standard makes that big a step toward basic notions such as source code availability and using without having to pay a license fee, the effort must be welcomed, not despised.

    1. Re:too much hurts by Error27 · · Score: 1

      Read the article.

      There was no fanatism. RMS just said that the APSL was not Free software as defined by FSF and listed the reasons why.

      You are free to do with that information as you wish.

  27. So what? by update() · · Score: 3
    First of all, the headline seems misleading. The linked article says Stallman studied the new APSL and decided it didn't meet his standards. It doesn't say anywhere that Apple requested anything from him.

    The reality is that the people who want to work on Darwin - BSD and NeXT types, for the most part - are. The folks who were screaming their heads off about APSL 1.0 didn't start contributing after Apple released 1.1 to address Bruce Perens' objections, didn't start contributing after 1.2 was released and aren't going to start even if 1.3 meets FSF standards.

    And now it's time for all the "As a result of this, I'll never do business with Apple again!" posts from people who have never owned a Mac and never plaaned to. And the usual "Everything Apple makes sucks, and furthermore they won't GPL it all so we can use it."

    1. Re:So what? by Bruce+Perens · · Score: 2
      Apple included Richard Stallman on the list of people who were requested to review the license. So, they did ask something of him.

      I endorsed the license. Richard did not, for good reasons that define where his own philosophy differs from the Open Source definition. I tend to generally agree with Richard on Free Software issues, but I stuck to the definition that we wrote rather than my personal preference.

      It happens that I own two PowerPC Macs. OK, they were hand-me-downs from my in-laws, but you can't put me in that "never owned a Mac" contingent :-)

      Thanks

      Bruce

  28. BSD went GPL-compatible a while ago by Adam+J.+Richter · · Score: 1

    The BSD distributions no longer promote GPL-incompatible copying conditions by default. The new BSD copying conditions are the result of cosultation to achieve GPL compatiblity in the eyes of the FSF. The Univesity of California also agreed to the change for the BSD software that they own the copyrights to.

  29. Why is software magically different? by Speare · · Score: 2

    [stock rant on the subject]

    This is my issue with the FSF philosophy that companies shouldn't be able to remain proprietary about their source code, if they also use elements of process that are "Free."

    Companies are proprietary about injection-molding techniques, they're proprietary about the integrated circuit layouts, they're proprietary about so many physical processes that go on behind closed doors. They also use such open techniques such as how to mop the floors at night, and which motor oils they use when they're maintaining the printing presses. Why is software magically different?

    If you aren't allowed to cut and paste existing processes with no effort, you'll have to innovate. Sure you have to start from scratch, or from simpler licensed technologies, but by setting down your own requirements for the new process, you'll probably have new strengths that the existing ways don't have.

    Heck, maybe the GPL is good for something. When I see that a module is under the GPL, and I want to sell my product, I have to skip the not-so-"Free" methods and write it from scratch, thus making it fit exactly to my needs.

    To me, Open Source and Free Software are irrelevant. Get the job done. If your competitors want to do the same, let them. If you want to open your source as a service to mankind, go for it. If you show me your methods and then tell me not to use them, well, that's just being petty.

    [stock rant on the subject]

    --
    [ .sig file not found ]
  30. Actually, thas is what RMS wants... by Per+Abrahamsen · · Score: 1

    as copyright law is today, you *have* to explictly give a license in order to allow other to copy your work. Without copyright law, this would not be necessary.

    RMS views the GPL as a step in that direction.

    1. Re:Actually, thas is what RMS wants... by boing+boing · · Score: 2

      And that license can be as simple as,
      "Anyone is free to copy this work for any purpose".

      It doesn't have to be a freaking lawyer fest to allow someone to copy your work.

  31. Re:kinda like BSD then.. by alprazolam · · Score: 1

    it says no such thing. basically all the bsd license says is 'you can't sue us if this doesn't work, and don't use our name to promote your distribution.' nothing brings out the trolls like the license articles
    http://www.opensource.org/licenses/bsd-license.h tm l

  32. You are wrong by DVega · · Score: 1
    The Free Software Foundation will only accept one license -- the one that gives them control, the GPL

    The GPL does not give them control over the software you made. You are the copyright holder of it.

    The fact that I can't make a direct system call (and bypassing the LGPL'ed glibc) in Linux without GPL'ing my software is nauseating

    Wrong again, you CAN make direct system calls. A propietary software can make direct system calls to the Linux Kernel. Why do you want to do that ? It's much easy to use glibc.

    The fact that I can't use the GNU regular expression library without GPLing my software is even more frustrating

    You are right, You can only use this library from a GPLed program.

    What is the point of a library you can't use because of licensing issues? How is that free?

    The idea is that if you use free software for writting your code, then your code should be free. Else use a comercial Regexp library. Or write one yourself.

    You have to understand that the idea is that software shuld be free. Like air. Like speech. If you don't like the idea use comercial software and OS and library. There you have no freedom at all.

    --
    MOD THE CHILD UP!
    1. Re:You are wrong by Anonymous+Slackard · · Score: 1
      You have to understand that the idea is that software shuld be free. Like air. Like speech. If you don't like the idea use comercial software and OS and library. There you have no freedom at all.

      Well looks like I have to correct lots of folks today :-)

      The GPL is _only_ free as in beer. Its otherwise very encumbered in what other software is allowed to talk to it. BSD artistic licensing seems to be the way to go, as it allows subsequent authors the _real_ freedom in subsequent licensing.

      Please note, this is not to say GPL'ed software has no value, its just to say that it is only 'free as in beer.' Hope that helps clear things up, some folks like RMS have made this seemingly common error, its an easy one to make apparently.

      Cheers!

  33. Arrogance of the FSF by sterno · · Score: 3
    Far be it for me to criticize the almighty FSF, but it seems like they are being really arrogant here. Correct me if I missed something, but has the GPL ever been tested in court? The FSF is bicckering over little subtleties of how the ASPL license is written, but do they really have any basis to judge? What's ultimately important is how the language of the license would be enforced by a court.

    They complain about apple's license but perhaps when push comes to shove the language apple uses will stand up better in court. The language doesn't seem to be trying to keep people from doing what they want with the code, but rather it is trying to guarantee that if somebody releases a modified product that it will remain open. The FSF may see the added verbage to be restrictive but perhaps the GPL's verbage wouldn't hold up in court as well.

    The FSF wreaks of the arrogance that comes with the assumption that they are right. I appreciate what the FSF has done and I think that the spirit of the GPL is wonderful, but frankly until you are taking people to court and prooving the validity of the license, don't go criticizing the subtleties of other groups whose hearts appear to be in the right place.

    ---

    --
    This sig has been temporarily disconnected or is no longer in service
  34. FSF != Free Software by Iscon+in+Siiscon · · Score: 1

    From Webster's Dictionary:

    Free (adj.):

    1 d : enjoying personal freedom : not subject to the control or domination of another (think in terms of licenses)
    3 a : relieved from or lacking something unpleasant or burdensome

    There are just a few definitions that conflict with what the GPL calls "free" .

    The GPL places a number of burdens on the use of software licensed under its terms. It's hard to truly innovate when some of the best tools are unavailable because they are shrouded in the GPL. BSD is a far better license, IMNSHO.

    --
    __________________ Hey Moderators!! Fuck Off! Thanks.
  35. Software by Thorin_ · · Score: 1

    All your code are belong to apple.

    1. Re:Software by Phroggy · · Score: 1
      For those of you who don't get the reference, see allyourbase.net - I just heard about it a couple days ago.

      --

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  36. Not troll, but offtopic by OlympicSponsor · · Score: 2

    The FSF (Free Software Foundation) is the arbiter of what is and isn't called "Free Software". If Apple wanted to be named a "Microsoft Solutions Provider" would you whine about how "Apple produces great machines, why do those Microsoft bigots have to be so stingy with the name"? If Apple doesn't want to change the APSL any further, that's entirely up to them. Just don't call it "Free Software".
    --
    http://www.geekizoid.com/article.pl?sid=01/03/03/1 346238&mode=thread

    --
    Non-meta-modded "Overrated" mods are killing Slashdot
    (Hey Ryan! Here's your proof!)
    1. Re:Not troll, but offtopic by Jules+Bean · · Score: 2

      No. But it does mean that if I come up with the `furious green ideas' foundation, and with it I write an essay defining what I mean by `furious green idea', then at that point I become an authority of what it means.

      Of course, it's less black-and-white with `free software', since that might be argued to have had a meaning before RMS started writing about it. (It's that kind of thinking which caused the term `open source' to be born). However, the previous meaning of `free software' was certainly free-as-in-beer.

      So, to the extent that RMS crystallised an idea (the idea of free as in speech software), and wrote about it, and chose to call it `Free Software', and built the FSF on it, he is an arbiter of what the term means.

      It's a convention in human intercourse that when a term has an accepted meaning by a bunch of people, you agree with them on the definition (and if you want to say something else, you think up a new term). I don't think that's unreasonable.

      Otherwise all of your arguments become `Foo Bars do this'. `No they don't, they do this'. `But a Foo Bar is one of these'. `No, that's only your definition, a Foo Bar is actually one of these'.

      Jules

      --
      -- Any sufficiently advanced technology is indistinguishable from a perl script.
    2. Re:Not troll, but offtopic by OlympicSponsor · · Score: 2

      The FSF doesn't say what software is free, it says what software is Free. Similarly, the Brown Dog Foundation doesn't say what dogs are brown, it says what dogs are Brown (or maybe what Dog are Brown). free != Free => brown != Brown
      --
      http://www.geekizoid.com/article.pl?sid=01/03/03/1 346238&mode=thread

      --
      Non-meta-modded "Overrated" mods are killing Slashdot
      (Hey Ryan! Here's your proof!)
    3. Re:Not troll, but offtopic by Mr.+Piccolo · · Score: 1

      Good! Does that mean I can start the fREe sOftware Foundation, and thereby determine what is fRee sOftware, as opposed to Free Software and free software?

      --
      Glückwünsche, haben Sie Slashdot ermordet, indem Sie zum korporativen Druck beugten und Subskriptionen einlei
  37. Nop! by DVega · · Score: 1
    I mean, it's not spelled out in writing, but couldn't Stallman just change the wording horribly, at any time, and own it all?
    NO! Stallman is not the owner of all GPLed code. The copyright holder is the person who wrote the code.
    --
    MOD THE CHILD UP!
    1. Re:Nop! by Anonymous+Slackard · · Score: 1

      The best course of action is to not use the GPL unless you like goats! Hope that helps!

  38. Puh-leeze by ablair · · Score: 1

    So... let me get this straight... As a commercial company Apple fixes 99% of the problems with their Public Source license, and the Free Software Foundation nitpicks about the 1% that still isn't "FSF compliant" Give me a break, considering they are good enough to throw their significant weight in with the open source communities' corner to start with I think the FSF can better spend their time nitpicking better targets.

  39. The Definition of Free software by Derang() · · Score: 1

    Does anyone realy care what the FSF thinks anyway? Apple realy dosen't need their approval for this new liscence do they?

  40. Contradiction/I'm confused by Hurricane_Bill · · Score: 1
    I'm confused. According to a previous thread regarding Apple & APSL, you don't have to notify Apple with personal modifications... Has Apple gone back to it's original APSL?

    Apple Updates The APSL Posted by CmdrTaco on Friday January 05, @04:11AM from the legalese-if-you-please dept. i, Mac writes: "Apple just updated the APSL to version 1.2, removing most (if not all) of the requirements that irked the Open Source community. You no longer need to distribute modifications made for personal use, you no longer need to notify Apple of your modifications when you distribute them, and the suspension of the license clause now reads more clearly - See for yourself: " The FSF has a response to the previous iterations of the license if you're curious.

  41. Re:kinda like BSD then.. by PhilHibbs · · Score: 1

    If that were true, then I'd never use the licence - I don't want to be snowed under with megabytes of garbage that's based on my code. Spammers all over the world would write spam that's "based on my code" and send it to me, claiming that I can't opt out because of my licence... it would be a nightmare.

  42. Furthermore . . . by hawk · · Score: 2

    WHile it says "GPL," it is not exactly GPL: specific permissions have been granted for kernel modules. Call it GPL all you want, but the contrary actions change the license to a Quasi GPL-license

    hawk

  43. Richard Stallman is Rabid by dont_forget · · Score: 1

    I like free software as much as the Slashdot reader. I have a linux box at home. When I go to work half the boxes I work on are Slackware, and the other half are BSDI.
    That said, I think that Richard Stallman is rabid. I mean after taking a *quick* look at the APSL it's not that bad. You get the source code, and your allowed to edit it. I mean, really, what more do you want?
    One of Richard Stallman's main points was the termination clause, is no good. Can you really blame Apple for having a termination clause? I mean Apple is a company, it has to watch out for itself on some level, after all they are accountable to their stock holders. This said Apple went so far as to change the clause from a termination clause to a suspension clause.
    Apple is basically doing the right thing, they are only trying to insure that they don't get screwed for it. In my opinion, Richard Stallman should be congratulating Apple, not shooting them down. This is a major step towards open source/free software, becoming an industry standard.
    Anyway that's just my two cents, if anyone wants to set me straight feel free.

    Nathan Porter

    PS. To all of you have read the Wheel of Time series, Richard Stallman is looking an awful lot like the prophet. Hmmm, I wonder who the Dragon Reborn is....

    --
    dont_forget
    1. Re:Richard Stallman is Rabid by radja · · Score: 1

      >To all of you have read the Wheel of Time series, Richard Stallman is looking an awful lot like the prophet. Hmmm, I wonder who the Dragon Reborn is....

      I have no idea.. but the MS/Corel thing reminds me of MS as a draghkar.. first a kiss of death, then leave a living corpse..

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
  44. different definitions for "free" software... by siggi · · Score: 2
    This simply shows that there are lots of different opinions about what "free" means in terms of Software:

    The GPL has kind of a virulent character. Any software based on GPLed code must be GPLed again. This way, the FSF use their GPL to enforce the "freedom" of derived works. However, there are no restrictions at all in what you can do with the software.

    The APSL seems to enforce central availability of the software, which is quite a good thing to have, but restricts freedom, as developers are forced to publish modified versions and notify Apple.

    Other licenses like the Artistic license or even plain old "Public Domain" don't enforce anything. But they endager freedom of the software, as they allow it to be commercialized.

    So it all seems to depend on priorities. What's the important point about "free" software? Freedom to do anything with it? Making sure the software stays free? Getting it for free?
    I Guess, everybody has different preferences here...

    1. Re:different definitions for "free" software... by Error27 · · Score: 1
      RMS is using the FSF definition of Free.

      Check it out here

  45. You are Terminated! by gkirkend · · Score: 1

    I was considering using the Darwin Streaming Server in a project, but the termination clause scared me off. Putting Apple in a position to yank the rug out from under my open source product at any time has zero appeal to me. I understand that Apple does not want their competitors to use their hard (programming)work against them, but if Apples' goal is to promote widespread use of their technologies, the current APSL is not the way to do it.

    --
    To a shark, you are just another food choice...
  46. Re:kinda like BSD then.. by bugg · · Score: 2

    You also must reproduce the copyright notice.

    --
    -bugg
  47. BSDL by Per+Abrahamsen · · Score: 2

    I'd suggest using the new BSD license instead, slightly more legalize, but unfortunately necessary to give you some protection in the case of a lawsuit.

    1. Re:BSDL by boing+boing · · Score: 1

      If you release the your software with a simple license that says, "You can copy it if you want", what could you possibly have to sue for or be sued for?

    2. Re:BSDL by Per+Abrahamsen · · Score: 2

      Implied warrenty.

      It also isn't clear to the limits of how much you can copy it, "if you want" is not very precise.

  48. Response to all: Looks like I'm wrong by Valdrax · · Score: 2

    Well, I should've guessed I'd get a lot of replies, but I didn't know that I was so wrong about the things which had been eating at me lately.

    Things I got wrong:
    1) Linus gives permission to use system calls without violating the GPL. Thank God. It really irritated me that if I wanted to use a feature of the kernel directly that I couldn't take my choice of licenses. (I prefer a public-domain like license, such as the BSD license.)

    2) There are GPL-compatible licenses. I did not know this. I thought that if you linked to GPL'ed code it had to be GPL'ed. In fact, I wrote up a response in another article about the GPL 3.0 where I asked a bunch of questions about this. The responses I got back indicated that you probably did have to GPL your code if you so much as touched someone else's GPLed code. Never once did someone bring up GPL-compatible licenses. I didn't know such things existed.

    However, I still think that RMS's message is nothing more than a troll intended to get people to try to pressure Apple into doing things his way.

    As for the control thing, aren't you supposed to give ownership of a GPL'ed project over the FSF generally? (Primarily, according to them, so that they can handle any legal disputes.)

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  49. Too restrictive? by psychonaut · · Score: 1
    Personally, I think the GPL could never be called "free" because of how restrictive it is.

    Oh, come on. The only real restriction imposed by the GPL is that you disclose the source. The GPL effectively says, "You can do whatever you want with this code, as long as you let others do the same with the result and you keep the source code available." And you are calling this more restrictive than a standard closed-source EULA, which won't let you even use the program until you've signed your rights away?


    Regards,

  50. Re:Freedom by Anonymous+Slackard · · Score: 1
      • "Absolutely! Its about time more folks come out and call the FSF out on this. RMS and Co have done _great_ things for computer science, the GPL acts as a great balancing mechanism in this evil world of software patents and closed source mayhem, but make no doubt about it, BSD type licensing offers the most freedom. RMS would be taken much more seriously if he learned how to call a duck a duck. "
      • Freedom to get screwed over when someone wants to take their toys and sell them for millions to some company isn't freedom.

      Another mistake in semantics I see often. What is _actually_ happening is that BSD or otherwise truley free software has _enabled_ proprietary product. Notice, the origional truley free software STILL EXISTS and the origional author IS JUST AS HAPPY, because, and this is the important part, HE RETAINS THE ORIGIONAL RIGHTS TO HIS SOFTWARE! The origional author has simply made a gift to the entire computer software community, not to just a select few like the GPL does.

      Now, thats not to say that RMS doesn't have some complex considerations, as there are some theories making the rounds that RMS suffers from sour grapes syndrome and is bitter that his house is smaller that Bill Gates. So there are plenty of reasons for the GPL, much of them personal in nature, this can get complex so we need to debate this without hurting RMS's feelings. Those unix weenies can get emotional sometimes, so please keep your comments polite. Hope that helps!

  51. GeForce 3 by Fervent · · Score: 2
    I find it a lot more interesting that Apple's getting the GeForce 3 first.

    Another story Slashdot felt you didn't care to read about.

    --

    - I don't care if they globalize against free speech. All my best free thoughts are done in my head.

  52. Slashdot, Software Licensing, and Napster by drfalken · · Score: 1

    I know I will probably get flamed for this, so please let me make the disclaimer at the beginning here that I am not trying to acuse anyone of being a thief.

    The problem is that I can't help noticing a disturbing trend in Slashdot discussions. We have a lot of people here who are upset that Apple continues to want to keep some of it's code closed. There are accusations of Apple taking from Open Source without contributing what it should. There are concerns of those wary of a corporation trying to keep a foot in Open and a foot in Closed source at the same time. There are calls for Apple to Open up more of its code. Etc. etc. These discussions always sound very libertarian and mature. People want the right to use something for free before they do.

    Now, look at Napster. The discussions on Slashdot tend to be complaints about Napster being shutdown. Even those good natured individuals who claim to use it for a 'try before you buy' tool are breaking the law. I'm not saint and I use Napster myself, but I suspect that there are very, very few people here who can claim to have never downloaded a song that they didn't already own. So the bottom line, legally speaking, is that this amounts to theft.

    Therefore, it seems incongruous that the same community should even care about the terms of any software license. Afterall, software can be copied from a Warez site, or a CD can be burned from a friend. So why worry? If there's no problem stealing intellectual property from the RIAA, why not from Apple, or Microsoft, or anyone else?

    Again, I understand that there is more to these issues, I am merely observing what seems to be a general attitude that seems somewhat indefensible.

  53. As Linus Said... by localman · · Score: 4
    (S)he who writes the code chooses the license, and anyone who complains about it is just a whiner.

    Or something like that. And I agree wholeheartedly, which allows me to retain respect for both Apple and RMS.

    Cheers.

    1. Re:As Linus Said... by sheldon · · Score: 2

      Then I guess that makes Richard Stallman a major whiner for complaining about KDE.

    2. Re:As Linus Said... by Nugget · · Score: 1
      (S)he who writes the code chooses the license...

      Unless (s)he wants to link the code (s)he has written with GPL'd code, in which case (s)he doesn't get to choose the license.

      Unless (s)he wants to use code which is GPL'd as a component of the code (s)he writes, in which case (s)he doesn't get to choose the license.

    3. Re:As Linus Said... by inio · · Score: 1

      (S)he who writes the code chooses the license, and anyone who complains about it is just a whiner.

      Thats not the issue at hand here. The issue is that Apple claims that the APSL is an "open source" license. The FSF owns tradmark and controls usage of the term "open source", which apple is using. The FSF is "whining" because the APSL does not meet their definition of "open source", and therefore does not meet the licencing conditions for the term "open source" (available on the FSF webpage).

      This is just like Apple holding trademark on the term "Works With iMac". Apple has strict conditions under which you may, and resctrictions on how you can use that term and related graphic devices. Without this trademark Windows 98 could say on the package "Works With iMac*." as long as it also had "*Requires emulation software" somewhere on the package, but they do not have the right to use either the phrase "Works With iMac" or even the word "iMac" without proper licencing from Apple.

    4. Re:As Linus Said... by localman · · Score: 2
      Unless (s)he wants to link the code (s)he has written with GPL'd code, in which case (s)he doesn't get to choose the license.

      Um, linking to code is using someone else's code. It doesn't matter if it's a library or an executable. If you don't like their terms of use, you can write your own library. If you don't want to write your own library, but you want to claim they should have different terms of use, you're a whiner.

    5. Re:As Linus Said... by localman · · Score: 2
      Thats not the issue at hand here. The issue is that Apple claims that the APSL is an "open source" license. The FSF owns tradmark and controls usage of the term "open source", which apple is using.

      Sorry, I didn't make myself clear. I wasn't actually pointing my finger at the FSF or Apple. RMS was just clarifying terminoligy, and that is fine with me. I was pointing my finger at all the posts that implied Apple was obligated to release their stuff under a more open license, and those who were calling GPL software communist. Both sides were just playing armchair critic, and I find it tiresome. Cheers.

    6. Re:As Linus Said... by Nugget94M · · Score: 2
      The point is, the GPL doesn't meet the original poster's "in a perfect world" statement. The GPL prevents the person who writes the code from being able to choose the license for the code they write.

      The GPL forces subsequent programmers to use the GPL for the code they write. This is the price of interoperability with GPL'd code.

      To me, at least, it seems silly to call code "free" when it quite clearly comes with a pricetag attached.

    7. Re:As Linus Said... by localman · · Score: 2
      The GPL prevents the person who writes the code from being able to choose the license for the code they write.

      Maybe I am missing something, but I don't see how this is the case. The only time the GPL interferes with code that I write is if I use someone else's GPL'd code, right? Well, I'm using their code so where do I get off complaining about anything at all? No one is forcing me to link or embed the GPL'd code into my code, it's just a convenience because I was too lazy to write the libraries or objects myself. So my complaining is whining. I should link and GPL, or code and shut up.

      Now, if you want to argue that the use of the word "free" is innacurate, you may be right, but is it really worth arguing about semantics?

  54. YES by Srin+Tuar · · Score: 3
    In keeping with his plans, high lord overseer GNU/RMS has declared that all software must now be released under the latest version of the fsf license. It is called the GGPL or the Greater General Public Licence, which is summarized below:

    • Any software that is derved from GGPL code must be under the GGPL. Also any code that links to, spawns processes of, communicates with, or provides an interface to GGPL code must also be released under the GGPL.
    • Any software that is stored on the same file system or executed on the same computer as GGPL software must be released under the terms of the GGPL.
    • Software licenced under the GGPL may not be made available under any other license.
    • Anyone who writes GGPL software forfeits the right to ever release software under any license other than the GGPL. Also any one who reads any GGPL source code. Also anyone who uses GGPL binaries.
    • Any hardware systems which runs GGPL code must have its schematics released under the GGPL. Any building housing computers which run GGPL software must have their blueprints released under the GGPL.
    • Anyone who writes, uses, or comments on GGPL software immediately and retroactively loses the right to make or enforce patents, trademarks, or any other form of Information Restriction Legislation.
    • The term of the GGPL supercede all local, State, and federal laws. If one is unable to comply with the GGPL and governmental laws then he must renounce his citzenship with that governmental entity.
    • If any part of the GGPL is held unenforceable, then it will be enforced anyway.
  55. Apple, just give up! Go GNU! by supabeast! · · Score: 1

    Given the abysmal state of Apple sales, one would think that Apple would stop trying to dance around like this and just use the GPL. Using the GPL cannot really hurt Apple, but they are so obsessed with being in control (Most likely the lawyers want to be able to shut down anything Apple does not like.) that they are shooting themselves in the foot with a bad license.

    Apple has a chance to combine their hardware with a UNIX OS and bring much of the open source community into the fold as Mac users, yet they are still so obsessed with having a proprietary niche that they are ruining it. By continuing to do stuff like this, Apple could really hurt themselves financially, and MicroSoft might not bail them out next time (Then again, Larry Ellison would likely bail them out just to piss off Bill Gates.).

    1. Re:Apple, just give up! Go GNU! by dasmegabyte · · Score: 1

      I realise I'm answering an ignorant troll, but I feel compelled to point out that Apple still sold more units last year than the linux community has sold ever. This is because Linux is a worthless desktop product with a markey consisting of 5% informed users and 95% ignorant trolls.

      And let us not forget: Apple has always been the greatest proponent of proprietary hardware and software. Their philosophy of computation is that even if the entire third party market fails, even if every support company gave up, you could still use a mac without any trouble.

      And for the record, Microsoft never bailed them out...Apple had grabbed a HUGE market chunk when MS handed them the check, and its stock was rising...that doesn't spell "bailed out" to me, it spells "please lend us some talented devs so we can make out mac software work!" Sure enough, three months later MS announced Office 98.

      --
      Hey freaks: now you're ju
    2. Re:Apple, just give up! Go GNU! by supabeast! · · Score: 1

      "...Apple still sold more units last year than the linux community has sold ever. This is because Linux is a worthless desktop product with a markey consisting of 5% informed users and 95% ignorant trolls."

      I never said that Linux was any better than Apple. Just because I encourage Apple to support the GPL does not mean that I think Linux is better than anything Apple has done. I am just stating that Apple can make a lot of money by encouraging Macs running OSX as a platform.

      "Their philosophy of computation is that even if the entire third party market fails, even if every support company gave up, you could still use a mac without any trouble."

      So? Nothing wrong with that. But dumping their annoying license instead of using the better GPL for Open Source work would not change this. Keeping things proprietary to get the systems to work is one thing, keeping strings attached to a license so that they can screw anything they do not like is just lame.

  56. Most of the FSF page is obsolete by Per+Abrahamsen · · Score: 2

    It describes flaws in v1.0 of license. The only flaw remaining in 1.2 appears to be the disregard for privacy.

  57. You, sir, are full of it by legLess · · Score: 2

    You're a troll, but I'll bite.

    Does the name "Kerberos" ring a bell? If Micro$loth can distribute Linux binaries without source, they can introduce code that breaks compatibility. And if we can't see the source, there's not much we can do. Especially under something evil like the DMCA, where we might not even be able to reverse-engineer it.

    Come on - this is their stock in trade. It's how they killed DR DOS, Netscape, and Novell. It's how they'd love to kill Linux.

    question: is control controlled by its need to control?
    answer: yes

    --
    This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
    1. Re:You, sir, are full of it by boing+boing · · Score: 2

      There is nothing you can do?

      How 'bout:
      Test the compatibility for before putting it into a release?
      Not use it.

      AFAIK, Microsoft (invoked above only to try and stir up advocacy from the legions of microsoft haters) has no control over any distribution or source tree related to Linux. ALSO, AFAIK, they still screen code and test it before it gets put into and release. There is NO way what you are describing can happen.

      I am not a troll; I just think the GPL and all these licensing issues are a plague on software.

      I also am not a fan of microsoft.

    2. Re:You, sir, are full of it by legLess · · Score: 3

      First, I don't hate Micro$loth. I'm typing this in IE5 while developing in Access 2000, and getting paid good money. M$ makes some authentically good products.

      However, you can't deny that their "embrace and extend" tactic is one of the most predatory, if successful, business practices of the last 20 years. Sure, they're in a little hot water now, but things could still go either way. I bring them up because they're the most credible threat to Linux right now.

      Secondly, I'm not talking about people who can hack code, but Joe User buying a computer. What if M$ releases M$Linux? "Reliability! Speed! And binary-only compatibility with M$ Office, IE and .NET." If they do, and it's successful, millions of people could be running Linux distros that are binary-incompatible with all current distros.

      "Sorry - you can't run Apache on M$Linux, but IIS-Linux doesn't crash nearly as much as it used to."

      "Sorry, Star Office has some odd crashing problems under M$Linux, but they've cut the price of Office 10 to only $500."

      What's saving us from this scenario? The GPL.

      question: is control controlled by its need to control?
      answer: yes

      --
      This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
    3. Re:You, sir, are full of it by Anonymous+Slackard · · Score: 1
      You're a troll, but I'll bite.

      YM "I don't like your opinion, so I'll call you a name" HTH

      Does the name "Kerberos" ring a bell? If Micro$loth can distribute Linux binaries without source, they can introduce code that breaks compatibility. And if we can't see the source, there's not much we can do. Especially under something evil like the DMCA, where we might not even be able to reverse-engineer it.

      This is pure marketting forces coupled with monopolistic behaviour. You're blaming the origional kerberos authors for bad behaviour actually originating from microsoft that may get accepted by the market.

      So we'll of course gracefully accept an apology from you for your cowardly attempt at an invalid argument. Thanks in advance!

    4. Re:You, sir, are full of it by smyle · · Score: 1
      I'm typing this in IE5 while developing in Access 2000, and getting paid good money. M$ makes some authentically good products.

      ...but Access 2000 is not one of them. It is one of the wierdest abominations of a dababase I have ever seen.

      Excel on the other hand...
      --

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    5. Re:You, sir, are full of it by legLess · · Score: 2

      Hehe - how 'bout some spell-checking to go with your arrogance? Or better yet, learn to write the language a little better so you make sense.

      This is pure marketting [sic] forces coupled with monopolistic behaviour.

      Define your articles, please. What exactly is "this" referring to? The DMCA? Reverse engineering? M$'s attempted Kerberos embrace-and-extend?

      You're blaming the origional [sic] kerberos authors for bad behaviour actually originating from microsoft that may get accepted by the market.

      Articles, please; pay attention to your articles. Is your "that" referring to the alleged bad behavior of the Kerberos authors? M$'s behavior? And where, exactly, am I casting aspersions on Kerberos developers? I'm trashing M$ for trying to hijack Kerberos. Not - let me repeat: NOT - for implementing dormant features already in the spec, but for trying to keep their enhancements proprietary.

      question: is control controlled by its need to control?
      answer: yes

      --
      This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
    6. Re:You, sir, are full of it by Anonymous+Slackard · · Score: 1
      Hehe - how 'bout some spell-checking to go with your arrogance? Or better yet, learn to write the language a little better so you make sense.

      ALL YOUR GRAMMAR FLAMES ARE BELONG TO US!!@@@

  58. Software is not that different. by Per+Abrahamsen · · Score: 2

    Software is not necessarilly different, it just happens to be the area of interest for the FSF. RMS occationally come with similar spirited comments on other kinds of IP.

    If you can't build on others work, it usually means you have to duplicate it before you can start real improving (innovating).

  59. So much FUD... by bgarcia · · Score: 2
    The fact that I can't use the GNU regular expression library without GPLing my software is even more frustrating.
    The regular expression library is part of glibc, which is released under the LGPL license, so you are permitted to link against it.

    However, even for GPL libraries, you are permitted to dynamically link to them without GPL'ing your code.

    Why are you spreading FUD?

    It's a shame that so many people are willing to moderate your post up without checking the facts for themselves.

    --
    I'm a leaf on the wind. Watch how I soar.
  60. As a result of this... by alexhmit01 · · Score: 2

    As a result of OS X, I'm switching to a Mac. I haven't owned an Apple since an Apple //c, but I can't wait to be able to afford my new G4 Powerbook.

    OS X seems incredible, and since I've switched from Linux -> BSD (Open), I've been a happy camper. OS X seems like it will let me play nice with all my applications, including the important option of coding for deployment on my BSD boxes.

    I don't have time to hack Darwin, but I'm glad they openned it. Assuming they got a single modification submitted that was worthwhile, openning it was good, because it means when OS X runs on my shiny new laptop, it'll be better.

    Slashdot ignorance is aggravating, but you take the good with the bad.

    This is slight more newsworthy than the usual "Linux is the best OS ever, I mean, it's more stable than Windows 98!" mental masturbation that sits on the comment sections these days.

    Alex

  61. Do you know how to use a dictionary? by Per+Abrahamsen · · Score: 2

    Webster lists a number of alternative definitions, describing different usage patters. A given use of the word typically conform to *one* of the difintions, not *all* of the definitions.

    To make it clear which of the multitude of defintions the FSF use when they talk about free software, they have a page describing the exact meaning when they use the phrase. Not many people who use the word "free" do this, they prefer the ambiguity inherent in the word.

  62. Yes! Apple isn't offering free software by schwanerhill · · Score: 1
    From Apple's Darwin FAQ:

    Q. Why is Apple opening up its source?
    We believe the open source model is the most effective form of development for certain types of software. By pooling expertise with the open source development community, we expect to improve the quality, performance and feature set of our software.

    Secondly, we realize many developers enjoy working with open source software, and we want to provide them the opportunity to use that kind of environment while delivering solutions for Apple customers.

    ...

    Q. How did you come up with the Apple Public Source License (APSL)?
    First, we studied several of the open and community source models that currently exist, including the Free Software Foundation's General Public License (GPL), BSD license, Apache license, Netscape and Mozilla Public Licenses, and Sun's Community Source License. Drawing from those examples, we drafted the APSL in an effort to promote open source development of our software while at the same time allowing Apple to reasonably protect our intellectual property and meet our business goals. We are grateful for the many community members who put significant time and effort into helping us revise the APSL to create version 1.2.

    Apple never claimed to offer free software; they are merely offering interested programmers the opportunity to work on Darwin, as long as they're willing to do so under Apple's terms. Apple has the right to protect their intellectual property (yes, intellectual property exists; I'm not going to waste my time refuting claims that it doesn't), and they still own Darwin (as stated in the APSL).

    Why doesn't Stallman attack the licenses for every other commercial piece of software? The fact that Apple is releasing a portion of the OS X source code does not mean that they're making Darwin truly free.

  63. Re:Response to all: Looks like I'm wrong by rking · · Score: 1

    As for the control thing, aren't you supposed to give ownership of a GPL'ed project over the FSF generally? (Primarily, according to them, so that they can handle any legal disputes.)

    No. I believe they generally wish you to do this if you want your code to be included as part of the GNU project though.

    To forestal further misunderstanding I'll point out that you can, of course, take code from the GNU project and amend it however you like without signing it over to them. They just won't include your modifications in their code base i this case.

  64. Help yourself by OlympicSponsor · · Score: 2

    I doubt you'll find many followers, though. "Free" has a well-defined meaning that is different than "free"--established over many years and with much discussion and explanation. "fREe" however is an unknown. But go ahead and start your foundation and see what happens.
    --
    http://www.geekizoid.com/article.pl?sid=01/03/03/1 346238&mode=thread

    --
    Non-meta-modded "Overrated" mods are killing Slashdot
    (Hey Ryan! Here's your proof!)
  65. No need to inform for Personal Use by mad_ian · · Score: 1
    Go read section 2.1 of the license. There is NO NEED to inform ANYONE if you change the code for internal R&D or Personal use.

    Apple is releasing Darwin, the *nix aspect of the OS to the community. They will NEVER release the code to the GUI. The GUI is a good part of WHY people use Macs. Releaseing the code to that is REALLY shooting themsleves in the foot. I've been useing Mac OS X Public Beta on a G4 at home since it came out. I have to say, it's REALLY nice, and as soon as I get my DSL line in, and the Final edition comes out, I'll be loving it. A private streaming server that I can access almost anywhere, serving me my own MP3 set, on a box I can SSH to, and do anything I want... what fun -Donald

    --
    ~Donald / Just RTFM
  66. Let an academic/marketting environment bug them! by Sabalon · · Score: 2

    People in academia are notorious for bickering for hours on particular wording - marketting is not much better, but at least they mostly have a reason.

    Let some committee go nuts something and change a word here, a color there. Put those changes into production - and BLAM...apple must be told.

    Easy fun!

  67. What is Stallman's goal? by thomasdelbert · · Score: 1

    Maybe it's just me, but I think that Stallman's goals are not anywhere in line with Apple's goals, and Apple is not in the business of Supporting Stallman's idealism.

    Really, Stallman is viewing the freedom as the only goal. Apple couldn't care less about your freedom. They care about money. Perhaps if Stallman wants apple to change their liscence, he must appeal to Apple's goals.

    Instead of harping on about a termination clause violating some freedom that he holds so high, so should be trying to convince Apple that a termination clause only serves to stifle community development.

    Instead harping on about disrespect for privacy, which Apple has no problems with, Stallman should be trying to convince Apple that allowing a company to use their changes internally without publishing will make MacOS a lot more useful in the enterprise.

    Instead of harping about central control, Stallman should realize that it won't make a single difference in the community because only releases from Apple will ever get respect from anyone, especially the enterprise.

    Stallman, when you review source liscences, you must also consider the perspective of the liscenser, because they are not there to impress you and they don't really care what you think unless you can provide insight that has value to them.
    ___________________________________________ __________________

    --
    ___ This sig is in boldface to emphasize its importance!
    1. Re:What is Stallman's goal? by thomasdelbert · · Score: 1
      I have to admit, I am a little taken aback by your comments. I'm not sure if your comment should merit a reply or if I should dismiss it as a troll.

      Instead of harping about freedom of expression, dissidents in eastern european countries suffering under communist oppression should have tried to convince Stalin that free speech would have been beneficial to his goal of unchallenged power over the life and death of millions.

      Instead of harping about human rights, the allies should have tried to convince hitler that the mass-extermination of jews was counter-productive to his goal of the instatement of the "aryan race" as the rulers and enslavers of the rest of mankind.

      Let me put this in simple terms: A few restrictions in a liscence cannot be compared to the deaths of millions. And a few restrictions in a liscence is not something that can be comared to a human rights violation. Apple opens up their code to some extent. It is not enough for Stallman to be happy. Therefore Apple is no better than Stalin? If Daddy gave you a Volkswagon instead of a Volvo, would you consider him no better than Kim Jong-Il?

      Oh yeah, and the fact that Apple cares more about their profits than some ideological arguments for Free Software is every justification for their behaviour. Did you forget that Apple is a business? Would you fault the supermarket for refusing to give food to a starving man if he didn't have the money to pay for it? I sure wouldn't.

      Another thing: They developed the software. They can put any liscence on it they please. That is their right. That is their free speach. Richard Stallman has to recognize that. I never did ask Stallman to change his beleifs. But I also was not asking Apple to change their beleifs. Stallman does not have the right to force an "aryan race" of software liscencing on the world, nor should he pretend to.

      Just my $0.02
      ___________________________________________ __________________
      --
      ___ This sig is in boldface to emphasize its importance!
  68. macontosh apples by aoiji · · Score: 1

    the story of binary plus comes to mind, ones, zeros, and somethimes even twos. (it's a joke people). it is expected that the new version is not widely excepted. the new iMacs are an example of this, how many people are really going to bye a computer with flowers on it? (besides of course people who like flowers, and like having their friends laughing at them) the percentage of people is really low in those catigories. how much longer until apple realises this and stops making things that are not liked, and/or not compatible with other systems?

  69. What is a "normal" system call? by cpeterso · · Score: 2

    If a Linux program sets /proc flags or uses an ioctl(), is that still a "normal" system call?

  70. Bleh - I should have used Preview, of course... by Nugget · · Score: 1

    s/They are not allowing you access to software that you wrote/They are not allowing you access to software that they wrote/

  71. Re:Freedom by civilizedINTENSITY · · Score: 1

    Some prefer to volunteer for the greater good of the community. They wouldn't be pleased with the perversion of their codebase. You are happy enough that the powers that be use your code. Fine. But don't expect respect.

  72. Even if "Free" still not GPL or FSF compatible by BryanBruns · · Score: 1
    Requiring publication for all "deployed" modifications (except for personal or R&D use) seems to be the remaining problem preventing the APSL from being "Free." That might be remedied by dropping "deployment" and following the more general definition of "distibution" as discussed by Mikeee and Jules Bean above.

    However, it's also worth remembering that a) RMS has philosophical objections to the APSL which he makes clear in his critique of the APSL and b) even if the license were "Free" that still wouldn't make it GPL-compatible.

  73. Richard's approval is not required. by jcr · · Score: 2

    First of all, the purpose of Darwin is to make life easier for Mac OS X developers. Rather than wait a week or more to have our questions about a kernal/driver/VM pager/whatever, we can just go look at the source. Darwin is NOT Linux, and it's not trying to be.

    Secondly, I don't give a rat's ass whether the APSL is ideologically pure enough to satisfy RMS, or the vicious backbiters who swarmed all over ESR back when Apple first open-sourced Darwin. Apple doesn't need Richard's approval to give code away, and I don't need his approval to take it.

    So, let me say this to RMS: Thanks for EMACS, gnutar, and GCC, but I will cheerfully ignore your bitching about other people's licenses.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  74. What's the difference by Canyon+Rat · · Score: 1

    The APSL says:
    "(c)You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); and

    (d)if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code"

    The GPL says:
    "3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

    * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    * c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)"

    Could someone please explain the difference?

  75. No, "open source" is not a trademark by dstone · · Score: 1

    The FSF owns tradmark and controls usage of the term "open source"

    No. You are incorrect. The FSF does neither of those things.

    See the OSI for more. Even they abandoned attempts to trademark the term "open source".

  76. just remember by staeci · · Score: 1

    that the extent of your freedom should end before you can enfringe on my freedom, just as your freedom to swing your fist ends just before my nose.
    --
    Steve Jobs: We're better than you are.
    Bill Gates: That doesn't matter.

    --
    'Welcome to Rivendell, Mr. Anderson...'
  77. Public Domain != GPL by pinkNoise · · Score: 1
    Right now, the Linux community is protected by RMS's bulldogs, because they fight to make sure what we do stays in the public domain

    Just a small correction: GPL licensed software is NOT in the public domain. Public domain means that anyone can take the software and do anything with it, including releasing a modified or unmodified version under their own license.


    pinkNoise

    --
    pinkNoise