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OSI Approves Apple, IBM Licenses

Thought the GPL was a nice license for your software project, one that fit with your thoughts about software freedom? Perhaps the BSD license was more to your taste? Well, even if you confine yourself to the ones approved by the Open Source Initiative, you can now choose from a grand total of 23 different licenses. Two new licenses have been blessed by the OSI: IBM's Common Public License Version 0.5, and the Apple Public Source License 1.2. Both may fit the OSI's definition of Open Source, but Free? Neither one uses that word. Richard Stallman isn't kidding when he says Open Source is not synonymous with Free Software. Clearly, there is nothing to stop every software company in the world from writing its own Open Source license. So here we are with at least 23, and rising.

202 comments

  1. Hi Microsoft Employee, FUD seems to be working! by Anonymous Coward · · Score: 1

    Hello paid microsoft employees, your FUD seems to be working. The slashbots seem to be agreeing with you. It's great, they don't even realize they are falling for your plan, but it's ok.

  2. Re:On Stallman by Anonymous Coward · · Score: 1

    He has a big beard, thus we will do as he says. Tis' the hacker way.

  3. Re:Pigs? by Roblimo · · Score: 2

    Link errors noted and fixed.

    Thanks,

    - Robin

  4. The GPL is *NOT* a contract by rlk · · Score: 2

    The GPL is specifically not a contract. It does not impose any restrictions that are not already in existence due to copyright. It merely offers a conditional grant of other rights in excess of those that would normally be enjoyed.

    The example you gave -- "all are permitted to redistribute this work, in original or modified form, so long as they do not remove this notice, including the copyright notice and disclaimer" -- is no different. It also offers rights beyond what would normally be available to others under copyright law, conditioned on certain actions (preserving the notice). It's just that the conditions are somewhat different.

    1. Re:The GPL is *NOT* a contract by Russ+Nelson · · Score: 2

      Then why is the warranty language there? You need a contract to disclaim warranty.
      -russ

      --
      Don't piss off The Angry Economist
  5. Re:APSL Seems Pretty Free To Me by ninjaz · · Score: 2
    If you read further down on that page:

    You should also have the freedom to make modifications and use them privately in your own work or play, without even mentioning that they exist. If you do publish your changes, you should not be required to notify anyone in particular, or in any particular way.

    And, in the APSL commentary section - http://www.fsf.org/philosophy/apsl.html:

    In January 2001, Apple released another version, ASPL 1.2. This version fixes two of the fatal flaws, but one still remains: any modified version "deployed" in an organization must be published. The APSL 1.2 has taken two large steps towards a free software license, but still has one more large step to take before it qualifies.

    Disrespect for privacy

    The APSL does not allow you to make a modified version and use it for your own private purposes, without publishing your changes.

  6. Re:I'm not opposed to RMS but.... by ninjaz · · Score: 2
    I do not want to impose any terms on anyone else's software.

    You don't have the right to impose terms on other people's software, anyway. People can distribute whatever they like in patch form, no matter how the original source is licensed.

    This was tossed around a bit when Minix still had a non-free license and people were pondering how to make it into a useful system instead of just an academic toy. The idea was, you'd buy a specific release of Minix (it came with source code) and then apply a huge patch. Of course, then Linux came along and BSD freed itself of its encumberances, so Minix was just left by the wayside and it became a moot point.

    I want to prevent the terms of my software from being changed

    Likewise, no one can change the terms of your software unless you specifically assign rights to them. That's why the BSD folks say: But, the original source is always there! Just because someone released a proprietary version based on BSD code does not make the original BSD code proprietary as well.

    And yes, I realize that means Microsoft could use my software, not distribute any source, not acknowledge it, and never even tell me about it, all legally.

    It sounds like you're asking for the BSD license.

  7. Re:So what? by Frodo · · Score: 1

    Now I cannot distribute work derived from code under many licenses, including GPL, unless I am agreeing to some very special conditions. So adding yet another one doesn't change anything in my stand - I still need a lawyer to understand each one of them. Unless all licensing stuff is scrapped altogether, it is going to be so forever.

    --
    -- Si hoc legere scis nimium eruditionis habes.
  8. So what? by Frodo · · Score: 2

    What's bad in having 23, or, for that matter, 230 licenses? So RMS doesn't hold a monopoly on determining what open source is and what it is not, big deal. If we don't need software monopoly, why do we need license monopoly?

    --
    -- Si hoc legere scis nimium eruditionis habes.
    1. Re:So what? by Russ+Nelson · · Score: 2

      The problem comes when you try to reuse open source code. Even though both licenses may be open source, you might be unable to distribute a work derived from both of them.
      -russ

      --
      Don't piss off The Angry Economist
  9. Re:On Stallman by Gregg+M · · Score: 2
    For that matter, it's worth pointing out that the GPL actually restricts my freedom! I cannot do just anything with GPL-ed code. So Stallman's blathering about "free" software is a little disingenuous. What he really means is that he (or the FSF) should dictate how we use software. ... But let's be completely honest: GPL-ed software is not literally and wholly free. It is "mostly" free (yes, I can distinguish between free beer and free speech). I can't do just anything I wish with it.

    I guess the USA isn't a free country. I can't freely go around killing people! :( Does a free country have no laws? Free doesn't mean you can do anything you want. Can you use it? FREE! Can you base another software program on it as well? FREE! Stallman only asks one thing of you and that is you can't undermind his copyright. If he allows you to use the code you can't take that away from others.

    Course you want to be able to use someone else software to lock up the code. To not release the source. To make it un-free. You think that it's unfair that you can't take his code an take it away from him. Your just another BSD troll saying the GPL is viral. The BSD license makes restrictions as well.

    --
    Linux is only free if your time has no value. Windows is only free if you threaten to use Linux.
  10. Bad by slothbait · · Score: 2

    > I think RMS is just a little out of touch today anyway.

    Possible.

    > He's too unyeilding, and that never leads to success.

    Boy, you got that right. When will people learn that revolutionaries never win? That's why Massachusetts still pays taxes to England, and Texas is still a part of Mexico.

    > you DO have to balance a company wanting to make money with open source work, and the community.

    No you don't.

    > I'm surprised someone hasn't lambasted id/Carmack for releasing the code to their games, and yet not making it Free.

    Last I checked, id's release of Quake was under the terms of the GPL. By definition, that code is free software.

    --Lenny

  11. More anti-Stallman BS... by slothbait · · Score: 4

    > To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.

    And tell me how he denies any programmers of their rights? Is he somehow denying them by not letting them redistribute his software under a license not of his choosing? No, he's *granting* them rights to his software. You can argue that BSD or Artistic licenses grant *more* privelidges, but the GPL certainly doesn't *take away* rights, it merely grants more limited rights. Don't confure less positive with a negative.

    > As it is, he can be a royal pain.

    Has he been calling you up and bothering you lately? Has he been threatening you personally? No, he just states his mind. People seem to think that Stallman is "out to get" other software projects, but mostly people go to him and say "do you like this non-GPL license?", to which he will say "no". Big surprise there. We wouldn't hear nearly as much out of Stallman if people weren't constantly seeking his opinion.

    > But the bottom line is that free code is a GIFT.

    So is "free code" this amazing new concept of your's, or are you just trying dodge the phrase "free software", which was defined by Stallman himself? The gift philosophy is more or less the BSD mindset. That's great, but that's not "free software". By definition, what Stallman is pushing is "free software".

    > For that matter, it's worth pointing out that the GPL actually restricts my freedom!

    That is a blatant lie. Without the GPL you have no rights to the code. With it, you are granted limited rights. If the license was BSD, you would arguably have more rights, but the fact of the matter is that the GPL is *adding* to your rights. So, effectively, you are whining because Stallman isn't giving you all that you want out of him. You seem to want him to give you *his* software on *your* terms.

    > So Stallman's blathering about "free" software is a little disingenuous.

    Who, precisely, is more qualified to comment on free software than the man who created the term to begin with, and founded the Free Software Foundation?

    > What he really means is that he (or the FSF) should dictate how we use software.

    No, they are dictating how you use *their* software. Sorry if it cramps your style, but the GPL grants us a whole heck of a lot of rights.

    > If he would change his focus from one of religious zealotry to one wherein he encourages developers to give gifts

    He's not interested in gifts, he's interested in freedom. Not just freedom in the here and now, but *sustained* freedom. That is where the BSD and GPL camps really diverge. The GPL makes provisions to ensure *continued* freedom. You may feel that the provision is to onerous, but atleast understand it's purpose.

    -Lenny

    1. Re:More anti-Stallman BS... by esper · · Score: 1
      So not being allowed to link propriatary code to GPLed code is more free how?

      The default condition (which is proprietary code, not public domain) allows no linking under any circumstances. GPL is more free in that it allows linking under the condition that the additional code be GPLed also.

      Sure, if you're writing proprietary sotware, you can't use my GPLed code in it. But if my code were proprietary, you wouldn't be able to use it anyhow. You lose nothing by me GPLing my code.

    2. Re:More anti-Stallman BS... by FallLine · · Score: 3
      And tell me how he denies any programmers of their rights? Is he somehow denying them by not letting them redistribute his software under a license not of his choosing? No, he's *granting* them rights to his software. You can argue that BSD or Artistic licenses grant *more* privelidges, but the GPL certainly doesn't *take away* rights, it merely grants more limited rights. Don't confure less positive with a negative.
      Clearly he doesn't physically strip anyone of their rights. However, it's reasonably clear from his numerous past statements that he has absolutely no respect for anything other than his tunnel-vision view of "free" software. What's more, I don't think it's terribly unfair to call RMS a zealot that would strip them of their rights to be non-free if it were in his power.

      As far as the GPL itself goes, the GPL does, as a matter of fact, put certain burdens on consumers of GPL source code that do not exist in other licenses and schemes. Now you can call that "less positive", or anything you wish, but that doesn't change the fact that it does impinge on my right to take GPL source code, modify it, and do whatever I want with it. However, that is not to say that RMS and others should not be entitled to do so. Quite the contrary, the same exact argument can, and should, be made for proprietary software. The producers/coders/developers of the product make it, they should be free to do whatever they want with their code, even if that means imposing certain legal fictions, because, when you boil the issue it down to its fundamental, it's just an option, not something that is imposed on you. Options are a good thing, so long as they don't fundamentally TAKE from others.

      I suppose the fundamental difference between Stallman and some other people, is that Stallman basically takes the approach that the mere existing of anything other than his approach is harmful and evil, whereas others are far more permissive of other approaches. I, for instance, think we are better off having options. If you want software that is "free" you can have it. If you want software that does what you, as the consumer, want, you can have that too, most likely it'll come from propreitary software. By and large, the two co-exist and put little burden on each other. They fill seperate needs. They are largely developed differently. They don't generally compete for the same resources. If anything, their relationship is more symbiotic, the existence of the other bolsters their unique strengths. Let the better option prevail, this is the true spirit of capitalism.
    3. Re:More anti-Stallman BS... by HiThere · · Score: 2

      .... Quite the contrary, the same exact argument can, and should, be made for proprietary software. The producers/coders/developers of the product make it, they should be free to do whatever they want with their code, even if that means imposing ....

      But they do have that right. They just don't have the right to continue ... appropriating ... other people's code. And I have the right to prefer Free software or Open software. I don't always exercise it, but I have the right.


      Caution: Now approaching the (technological) singularity.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:More anti-Stallman BS... by sharkey · · Score: 2

      Proprietory software developers (who are the only ones who are disadvantaged by the GPL vs say, the BSD license) dont need community development software.

      What about the most famous, or at least the most visible/talked about here on /., proprietary software developer, Microsoft? IIRC, they used the BSD TCP/IP stack as the base for NT's TCP/IP stack.

      --

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    5. Re:More anti-Stallman BS... by macpeep · · Score: 4

      Neither should they moderate the parent down. The parent post was a very good one. You may or may not disagree with the views of the writer but that's not a base for moderation. Moderation is about rating the quality of the post, not the content of the post.

    6. Re:More anti-Stallman BS... by Malcontent · · Score: 2

      "So does Microsoft, just today I got *granted* the rights to use Outlook Express Hooray!"

      You are right. MS does not have to let you use their software for free. They can make you pay for it if they want. They are being nice to you by granting the right to use this piece of software. You have no inherent right to use other peoples software.
      By the exact same token RMS is granting you the right to use his software. Except he goes further then MS and not only lets you use it but it lets you see the code and modify it. He even let's you redistribute the the code or the binaries (which MS does not) if you are willing to do one simple thing and that is make sure you distribute the code with the binary.

      you seem confused by the word restrict. You have no right to other peoples code. No right to use other peoples software, no right to see other peoples code, no right to sell or redistribute other peoples software. MS gives you very limited rights if you give them a bunch of money. RMS gives you a whole lot more rights for free but limits you ability to redistribute (not to modify for your own uses). Public domain software gives you unfettered access to do whatever you want.

      All of these licenses GIVE you something not take something away from you because as long as IP laws exists you have ZERO rights ot other peoples labors.

      BTW I have never heard RMS whine about anything. People ask him questions and he answers, people attack him and he defends himself. If I was him I would be shooting people who still confused open source with free software which despite the billions of words written on the subject every single MS employee and reporter in the world is still confused about.

      --

      War is necrophilia.

    7. Re:More anti-Stallman BS... by Malcontent · · Score: 2

      GPL is the best license if you object to working for other people for free. If you release your code to the public domain or under a less restrictive license you are providing free labor to a corporation. Great for the corporations but not all people want to provide free labor for corporations. I would never volunteer to clean exxons toilets in my free time and I would never want to code for them in my free time either.
      For people like me the GPL is only vehicle this guarantees this. Of course I could make up my own license but the GPL does what I want and the FSF is commited to defending it. If I made own license it's effectiveness is only as good as my ability to defend it court which is ZERO.

      Luckily for both of us we still have a choice. You could continue coding for companies that don't pay you and I could continue coding for everybody else that does not pay me.

      --

      War is necrophilia.

    8. Re:More anti-Stallman BS... by Malcontent · · Score: 2

      Well duh isn't that exactly what I said.
      I object to other people making obcene profit off of my code. I want them to use it, I want them to extend it, I want them to debug it (if they want) but I don't want them to ungodly profit off of it. I realize that the GPL does not really forbid profits but it does discourage price gauging and overcharging.

      Like I said I would never volunteer to clean any companies toilets for free no matter if they are big or small. By the same token I don't want the provide programming either. There is pleanty of other code out there they can steal and use any way they want. They are also paying big bucks to programmers and should demand that those people produce good quality code for them.
      They do nothing for me and I do nothing for them. See it works our wonderfully.

      The GPL does pretty close to what I want and it's backed by a well organized if underfunded organization. By using that license (or even better by turning my code over to the FSF) the license can be defended better. If I made own no commercial license I would be laughed out of court the instant the judge found out what my bank account balance was.

      --

      War is necrophilia.

    9. Re:More anti-Stallman BS... by Malcontent · · Score: 2

      Look I realize that the janitor analogy is not perfect (which anology is?). the bottom line is that the GPL comes closest to what I want to do. Yest I mind it if some corporation takes my code and uses it internally but no license is going to stop them from that. How would I know? How could I stop them? I don't have lawyers and I don't have a million dollars sitting around in some offshore bank account. By GPLing my code I can let the FSF fight them if they attempt to redistribute the code or if somehow some product that they ship becomes contaminated by my code. I am hoping that the fear of contamination will stop them from using my code at all and go steal code from somebody who does not mind so much.
      In the end most businesses don't give a shit about right and wrong they just want money. They will steal any code they think they can, they will do anything they think they can get away with in order to provide shareholder value. For some corporations this means killing people for others it means fraud and theft, for most it means sleeping with a guilty conscience because you spent the entire day lying to everybody you spoke with and screwed over half of your customers. I don't want to be associated with cretins like that in any way whatsoever.

      --

      War is necrophilia.

    10. Re:More anti-Stallman BS... by QuantumG · · Score: 1

      at least 2 people mod you up but they dont think to use their points to mod the parent down. sigh. Proprietory software developers (who are the only ones who are disadvantaged by the GPL vs say, the BSD license) dont need community development software. They have venture capital and customers to pay for their development. The community however only has itself to help forward the development. By giving our code to proprietory interests we are reducing the number of people who will use any free software that competes with the proprietory product. There is a very real connection between the number of developers who would be willing to help work on free software and the number of people using that free software. By aiding people to give up their freedoms by using proprietory software we are weakening our own.

      --
      How we know is more important than what we know.
    11. Re:More anti-Stallman BS... by QuantumG · · Score: 1

      The moderation is supposed to be related to how much the post contributes to the topic and I dont think openly insulting someone contributes anything.

      --
      How we know is more important than what we know.
    12. Re:More anti-Stallman BS... by QuantumG · · Score: 1

      Blah. I'm the first one to bitch about the straight and narrow line of Slashdot dogma. Unfortunately it has become quite regularly one of ignorance and intellectual laziness. You're obviously a smart guy but you'll never achieve anything in life. Now I'm going to call you a Troll, say you are spreading Flamebait and are otherwise Offtopic :)

      --
      How we know is more important than what we know.
    13. Re:More anti-Stallman BS... by QuantumG · · Score: 1

      Perfect example. Microsoft could of wrote their own stack but they didn't, they grabbed an already functioning piece of software. If it had been the GPL TCP/IP stack they would have needed to develop their own. It would have been no strain on Microsoft but it might of delayed their entry into the Internet space a little, which is all that was needed around the time that everyone considered Microsoft to be backward because they were ignoring the Internet.

      --
      How we know is more important than what we know.
    14. Re:More anti-Stallman BS... by Dwonis · · Score: 3
      Exactly. The GPL was even geared to a different audience than the BSDL. Not a many years ago, most "freeware" authors hid their source code and forbade any kind of commercial exploitation of their software. They would certainly never place their work in the public domain (or use the BSDL), because they were deathly afraid that Microsoft et al. would make tons of money from their program.

      The GPL was geared more-or-less toward these people, and because of the GPL, these people are now free software / open source developers, and these people felt pretty generous.

      The idea behind the GPL is "I've been generous by giving you this code, and I expect the same level of generosity from you."

      I really wish these GPL vs BSDL/PD wars would end. People involved in them usually believe that all OSS developers have the samegoals and interests, which is clearly false. There are legitimate reasons to use either of the BSDL/PD and the GPL, and I wish people from both camps would accept that.
      ------

    15. Re:More anti-Stallman BS... by karb · · Score: 2
      I think you're both being needlessly religious ... GPL is wonderful for many, many things, and many people enjoy using it. On the other hand, many people don't want to use it.

      I, personally, and (I think) many other people are drawn to the GPL for mostly pragmatic reasons ... in most cases it can be better, cheaper, faster than commercial software, and still be commercially viable in some way. That, aside from the fact that insisting people be 'free' is ethically perilous.

      However, if the GPL doesn't work in some cases, it shouldn't be used. I think, for example, it would be very difficult to make money writing GPL'd games. And you have to make money to do things ... you can't rely on the spare time of geniuses (as linux did in the early days, and still does now) to write all your software.

      --

      Jack Valenti and the MPAA are to technology as the Boston strangler is to the woman home alone

    16. Re:More anti-Stallman BS... by dimator · · Score: 3

      The moderation is supposed to be related to how much the post contributes to the topic

      You mean how much the post reinforces the most common ideas here on slashdot, so we can all proceed to kiss our own asses, instead of stating an opinion which might be self-generated and against the status-quo?

      I dont think openly insulting someone contributes anything.

      "Nevertheless, he is a genius."

      I wish more people would insult me that way.


      --

      --
      python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    17. Re:More anti-Stallman BS... by Brett+Glass · · Score: 2
      You write:
      GPL is the best license if you object to working for other people for free. >
      I do not understand how you could make this statement. By using the GPL, you are making it available to all end users of the code -- the overwhelming majority of the people and (yes) corporations who will ever see or use it -- for free. It seems to me that you are singling out and discriminating against only one vanishingly small group -- commercial programmers -- to exclude!

      If you release your code to the public domain or under a less restrictive license you are providing free labor to a corporation.
      You are doing this if you use the GPL as well. You are providing your work to all corporations except to one very specific kind of individual or corporation: one that sells (or tries to sell) software as a way of making a living rather than using it in house. And, of these, you're most hurting not the large corporation (which can afford to rewrite things that have already been written) but the "little guy" -- the small developer without the staff, money, or time to do that. Someone like you. In what way is this a good thing?

      If you do not want corporations to benefit from your work, but do want others to be able to, it seems to me that a different license (some form of "anti-corporate" license) would better fulfill your intent. Of course, discriminating against corporations as such might not accomplish your ends either. Some individuals incorporate, and there are corporations out there that are "good guys."

      --Brett Glass

    18. Re:More anti-Stallman BS... by jcsmith · · Score: 1

      Since when is it your right to take someone else's source code, modify it, and do whatever you want with it? This is a privilege that is granted to you by the author of the code. You have no inherent right to do whatever you want with the code. As a matter of fact the GPL allows you to do whatever you want with the code until you distribute it.

    19. Re:More anti-Stallman BS... by drinkypoo · · Score: 1
      But the bottom line is that free code is a GIFT.
      So is "free code" this amazing new concept of your's, or are you just trying dodge the phrase "free software", which was defined by Stallman himself? The gift philosophy is more or less the BSD mindset. That's great, but that's not "free software". By definition, what Stallman is pushing is "free software".

      Both the words "Free" and "Software" already have (several) definitions. To say that Stallman defined the phrase "free software" is misleading. It is more appropriate to say "Free software as defined by Stallman" rather than which was defined by Stallman. Maybe I'm just picking nits, but that changes the entire meaning of the sentence.

      What Stallman is pushing is not truly Free software, in any sense of the word other than not paying for it. It is encumbered with a license, rather than simply release into the "public domain". It comes with complications - It is not free, in that you are not free to use it in any way you see fit. To wit: You cannot make changes, sell/distribute the resulting binaries, and not distribute source. This is a right you have with truly Public Domain code which you do not have with GPL'd code.

      For that matter, it's worth pointing out that the GPL actually restricts my freedom!
      That is a blatant lie. Without the GPL you have no rights to the code. With it, you are granted limited rights. If the license was BSD, you would arguably have more rights, but the fact of the matter is that the GPL is *adding* to your rights.

      I disagree heartily. The GPL is not the only "free" software license available, hence it is incorrect to say that "Without the GPL you have no rights to the code." You have whatever rights you are given. Even the BSD license is, arguably, more restrictive than the GPL. Furthermore, all tranferrable or self-tranferring licenses are viral, hence encumbering, hence non-free.

      What he really means is that he (or the FSF) should dictate how we use software.
      No, they are dictating how you use *their* software. Sorry if it cramps your style, but the GPL grants us a whole heck of a lot of rights.

      Right, which is why I for one am not against the existence of the GPL, but will never use it.

      If he would change his focus from one of religious zealotry to one wherein he encourages developers to give gifts
      He's not interested in gifts, he's interested in freedom.

      He seems awfully interested in stopping programmers from being paid for their code - Not because of anything contained in the GPL, but based on other things he's said. It's arguable that the GPL supports that agenga. How, then, does one make a living doing nothing but programming? Socialism? Or hoping for handouts?

      I am not against the GPL per se. I am against the propaganda which so many seem to have swallowed about the GPL, namely that it's the best and brightest license one can apply to an Open Sourced software (or otherwise) package out there. It may be the right license for you, and/or your code, but it's not the best license for everyone, at least not in our current world culture. Maybe if a benevolent dictatorship invented nanotech and controlled us all in a way that did not stifle creativity and ensured that none of us had to work, we'd be in a society where the GPL was the best solution for everyone. In the meantime, BSD is as far as I'll go.


      --
      ALL YOUR KARMA ARE BELONG TO US

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:More anti-Stallman BS... by drinkypoo · · Score: 1
      Like I said I would never volunteer to clean any companies toilets for free no matter if they are big or small. By the same token I don't want the provide programming either. There is pleanty of other code out there they can steal and use any way they want.

      That analogy is completely flawed, unless you're talking about a waste management company; A company which actually makes money off of toilets.

      By releasing GPL code which they can use in-house but not sell, you are doing the exact equivalent of cleaning the toilets of a software company; You're assisting them in their work of making software, without actually writing software for them. Let me explain more clearly; A janitor cleans toilets, which programmers use. Programmers would like to have clean toilets to utilize in the process of waste disposal. You write code (Well, you might) which is then used to assist the production of software. Maybe it's a programming tool, maybe it's just a tool for the sysadmin, but in any case, it helps produce their software.

      In other words, you're a Janitor.


      --
      ALL YOUR KARMA ARE BELONG TO US

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    21. Re:More anti-Stallman BS... by digitaltraveller · · Score: 1

      The post above should be moderated up. It nicely points out the flaws in the original post.

      In a world that is quickly going to hell in a handbasket, I see the GNU GPL/Linux/free software movement as one of the few rays of light.
      The fact that Ralph Nader (someone completely unqualifed for the job) got as many votes as he did shows that people are generally unhappy (and getting unhappier!) about the prospect of becoming a bunch of camera-watched, genetically-tested, cuecat barcoded sheep.
      Unfortunately for the rest of us, what washes in America usually ends up *washing* in our country. Despite new anti-thinking laws (eg. DMCA), all is not lost.
      Things like the GPL, open standards and the free flow of information are what will make our society enlightened. That is if the free software movement continues to grow, and I hope it will.
      Short sighted developers come on here and whinge that GPL will make them lose their job, or somehow affect their freedoms. No one is applying screws to their fingernails forcing them to use GPL'ed software.
      The fact of the matter is, over the long term, we will need more and more software developers. Most software is developed in house as it is, and this trend will continue to grow. Software can solve all sorts of problems. It is just another branch of applied mathematics. We have nowhere even come close to breaching the possibilities available to us. And if there is a short term recession, who do you think are going to be the people who lose their jobs? The guy who writes a killer open source app in his free time or some guy scratching his head working out how to connect Visual basic to an Access database? He can't concentrate, he wants to go home and study for his MCSE.

      There is no shame in being idealistic. It is a sign of intelligence.

    22. Re:More anti-Stallman BS... by Tachys · · Score: 2

      Is he somehow denying them by not letting them redistribute his software under a license not of his choosing?

      uhhh...yeah

      No, he's *granting* them rights to his software

      So does Microsoft, just today I got *granted* the rights to use Outlook Express Hooray!

      but the GPL certainly doesn't *take away* rights, it merely grants more limited rights.

      Same is true with Microsoft they just don't *grant* you rights to their source code

      That is a blatant lie. Without the GPL you have no rights to the code. With it, you are granted limited rights. If the license was BSD, you would arguably have more rights, but the fact of the matter is that the GPL is *adding* to your rights. So, effectively, you are whining because Stallman isn't giving you all that you want out of him. You seem to want him to give you *his* software on *your* terms.

      The same whining Stallman does when he can't get everything he wants?

      Look I don't think the GPL is *bad*. I think in certain situations I would use it. Why? to restrict certain uses of the software.

  12. Re:On Stallman by dvdeug · · Score: 2

    > I just love the way sexism is endemic to this community

    Sexism is endemic to most of human society, and there's no reason to think this community is any better . . . or any worse. As an anonymous coward pointed out, in your responce, you made the assumption that a person being raped must be female, another sexist view.

  13. And of course... by Moonwick · · Score: 1

    ...as long as we've mentioned "free" licenses, let's be sure to bring up the infamous GPL, known wide and far for the "freedom" it gives users and programmers.

    Of course, the astute reader will point out that the use of the word freedom in the previous sentence is complete bullshit, and that the GPL is reality just a viral piece of socialist hogwash.

    --
    Only on slashdot can a posting be rated "Score -1, Insightful".
  14. Re:... by Moonwick · · Score: 1

    This is precisely the kind of jackass behavior I'd expect from an anonymous coward. Thanks for being a shining example of the stupidity that runs rampant on /.

    --
    Only on slashdot can a posting be rated "Score -1, Insightful".
  15. It's the *software* that's *free* not *you* !! by AftanGustur · · Score: 2

    For that matter, it's worth pointing out that the GPL actually restricts my freedom! I cannot do just anything with GPL-ed code.

    Still, some people seem to have problem understanding "free software". It was never ment to mean that you could just take it and do with it as you wish (as in beer).

    It's the *software* that is free, and the fact that it's freedom blocks your freedom in some areas (you can't "imprison" it in "un-free" software) seem to be the source of this annoyance.

    But there's no way I can ever tolerate his distorted vision for the future of software. To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.

    I assure you that this is complete nonsense, of cource you can do as you wish with your code. It's the code of *others* that you can't do with as you wish.


    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb15CB32EF3AF9C0E5D7272 C3AF4F2snlbxq'|dc

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    1. Re:It's the *software* that's *free* not *you* !! by Russ+Nelson · · Score: 2

      It's the *software* that is free,

      Yup. It's as if the software was sentient, and owned itself. We don't permit people to sell themselves into slavery, and we don't permit GPL'ed software to sell itself into slavery. Arguably, this is sometimes needed to survive (both for people and software), but those circumstances are not present in most of the world today. Slavery survives in the world, but it is probably not voluntary, compensated slavery.
      -russ

      --
      Don't piss off The Angry Economist
  16. Re:On Stallman by Angst+Badger · · Score: 5
    But there's no way I can ever tolerate his distorted vision for the future of software. To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.

    People don't become maniacs simply by having ideas about property rights that differ from yours. Nor does Stallman deny authors anything. What he does is provide a model license that gives authors the option of sharing their software in a way that ensures everyone who partakes of it must also share. This is a common virtue we push in elementary schools; it only becomes anathema, apparently, when we suggest that adults might want to voluntarily be nice to their fellow adults. Of course, people have been killed for less, but what the hell.

    Stallman's use of the word 'free' can be a bit counter-intuitive, but as countless thousands of people have noted, English lacks native words for all but the crudest notions of freedom and cost-free-ness.

    The GPL has its place. I don't agree with Stallman's belief that all software should be GPLed, but the abuses of "free" and "open source" software by large corporations over the past couple of years clearly demonstrate that if you give an inch to greedy, unethical suits, they'll take a mile, every time. Maybe this matters in some cases, maybe it doesn't. The GPL is available for those cases when it does.

    If you want truly free software in the commonly understood sense of the word, you need to prepend these words to your source code:

    I, Joe Developer, hereby release this software into the public domain.

    The problem is that the vast majority of the people who decry the restrictions of the GPL as unfree are seldom willing to actually go that far and make their own software absolutely free. There is a lesson to be drawn from this which will probably not sit well with rigidly doctrinaire libertarians, so I leave it as an exercise to the reader.

    --

    --
    Proud member of the Weirdo-American community.
  17. ironic or fickle... you choose by cabbey · · Score: 1

    I'm not sure if this is ironic any more or just a sign of the fickle nature of slashdot.

    The IBM Common Public License is a derivative of the IBM Public License (IANAL summary: removed reference to IBM Corp. as originators of licensed material.)

    The IBM Public License is a derivative of the Jikes Compiler License. (IANAL summary: remove reference to Jikes as the licensed material.)

    The Jikes Compiler License when it came out was lauded by slashdot and the open source community in general. The major driving force behind it (Dave Shields from TJWatson research center) was rewarded with overnight celebrity for the countless hours he spent with the legal department trying to explain reality to them.

    Now the legal department steals a move from us engineers by using the "generalize and reuse" pattern and they get mocked and rideculed on the front page?

    In these three licenses (they're all the same really, even Jikes doesn't use the Jikes Compiler License anymore) we have an Open Source license backed by the largest company in the industry, one that a number of other companies have already asked to "borrow"... it ONLY MAKES SENSE that these companies should get together and come up with one common license.

  18. Propaganda in the GPL by EnglishTim · · Score: 1

    I'm sure the reason many companies make their own licenses up is that there's far too much propaganda in the GPL and LGPL. If you're a company that survives by selling 'non-free' software it's rather galling to include a license that rants on about how bad it is that you should do this.

  19. Re:On Stallman by landley · · Score: 2
    >But there's no way I can ever tolerate his
    >distorted vision for the future of software. To
    >the extent that he denies a software author the
    >right to do with his code as he pleases, the man
    >is a maniac.

    You mean how dare I demand the same treatment from you as you got from me, I.E. the publication of any source code derived from my work?

    How dare I, as a software author, attach a price tag to my work which you only have to pay if your code incorporates my own?

    Nobody ever said you had to include any GPLed code in a program you write, and if that's your attitude about it I seriously hope you never do.

    Rob

  20. Re:On Stallman by landley · · Score: 2
    >This is exactly the point, though. Stallman calls
    >his software 'free', but as you well point out,
    >it comes with a price tag. I am not arguing
    >whether or not it this price tag is reasonable -
    >I agree that if you give me something, you should
    >be able to attach any conditions you wish to it.

    Yes, and in a truly "free" society murder wouldn't be a crime, would it? Otherwise, you'd be free to commit it.

    I believe that's called "anarchy". If you stop and think about it, the bill of rights is just a list of behaviors that are prevented. (Can't censor people. Can't take people's guns away. Can't stop people from getting together in large groups...) What a totalitarian document.

  21. Re:Illegal by T-Ranger · · Score: 1
    Well, if they are selling something at a loss for the purpose of fucking there competition, that price dumping and its illegal. (note that lost leaders and the like are legal)

    You should contact your authorities, or if you feel compeled, just sue them yourselves.

  22. Re:Call me nuts, but... by T-Ranger · · Score: 1
    A few months back there was a post on /. about someone developing a crossplatform game developement library. He had engaged in a email conversation with RMS over some licensing issues; free libraries on top of closed libs.

    One of the (possible) platforms discussed was one of the gaming consoles. RMS diddnt know what they were, and was confused at why someone would want one.

    He was either being factious, or he actualy dosent know what a gaming console is. The later makes him out of touch with reality, and the former indicates that he thinks he is above the common man. Either way, not a good thing.

  23. Re:Call me nuts, but... by T-Ranger · · Score: 1
    Perhaps it was, my bad.

    AS I recall there was a bit of discussion on the console issue, so his confusion was more then just off the cuff confusion. And it was email anyway. RMS diddnt know what gaming consoles were.

    My point is that he is out of touch with reality. Yes he has made some significant technical contributions. But I realy couldnt see me aligning with him, even if I did think the GPL was the best license.

    Incedently, I dont own a game console, and havent even playd one in years.

  24. Re:Call me nuts, but... by T-Ranger · · Score: 1

    Im sure you know that aliasing has something to do with graphics. Not even knowingwhat a gaming console is is on par with not knowing what a washing machine is. You might not have one, and you might not want to have one, but you know what one is.

  25. Re:Semantics by Romen · · Score: 1
    Sadly, you don't actually know what you are talking about. For actual information on the GPL and it's legal status, I reccommend the articles linked to from this page.


    Sam TH

    --
    Sam TH
    AbiWord Developer
  26. whine, whine, whine by Lx · · Score: 1

    You want to see source or not? Fer chrissakes, some is better than none. Deal with the fact that releasing code under the GPL is a particularly stupid thing for a corporation who is supposed to make a profit to do. Thanks to the recent economic shakeout getting rid of the plethora of linux-oriented companies, there's not much you can point to to say "Free" software is very profitable.

    -lx

    1. Re:whine, whine, whine by Lx · · Score: 1

      It more seems that GNU folks don't get the point. I personally don't care about some hippie notion of "Free Software", I don't care about RMS' opinon of what is really "free", whether things or GPL-compatible, or other such bullshit. I just want to have the source available to me if I need it.

      To me, GPL software is just as restrictive as IBM's, Sun's, and Apple's - I'd never release software under such a restrictive license, so I can't use any GPL'd code for derivative works in any event. And I get pretty sick of RMS' whining fascist rants about other people not using the GPL, and obsessive nitpicking over semantics in other licenses. Be happy you get corporations to release source at all, people.

      -lx

  27. What is your point? by FallLine · · Score: 2

    What is your point? No where did I say that programmers don't, or should not, have that right to determine the terms and conditions of their software. Stallman, however, clearly has issues with this with his objections to copyrights (well all intellectual property, but copyright is much narrow and harder to confuse with other issues), despite the fact that he uses it in employing the key part of the GPL (the "viral" elements). This is something of a contradiction, whether or not its advocates admit it or not. In essense, they want to have their cake and eat it too.

    The argument that GPL is only necessary because of intellectual property laws is misleading and fallacious. Firstly, if this is true, then BSD-style licenses work just as well. Secondly, there is nothing in a IP-free world that mandates the opening of source code (never mind the production of it) by derivative works.

    1. Re:What is your point? by Malcontent · · Score: 2

      What stallman wants is to make sure all software is free for everybody. He created the GPL to achieve that end. If the GPL becomes onorous enough (which it is apparantly becoming to MS and you) then the world can get rid of it simply by denying RMS his right to release his code under the license of his choice. This is what puts you and bill gates between a rock and a hard place. You want to steal his code and use it for your own ends but you can't without releasing your changes to it.
      He is hoping the world will say to him "you have no right to dictate how your code is used by others once you have written it it's not yours anymore". Nothing would make him happier.
      The way to take away the power or the GPL is to destroy the IP laws as they exist today. Quite brilliant I think.

      --

      War is necrophilia.

  28. Brain fart by FallLine · · Score: 2
    This is what puts you and bill gates between a rock and a hard place. You want to steal his code and use it for your own ends but you can't without releasing your changes to it.
    Since when is it that anyone that critizes something must have a direct personal interest? I have no reason or desire to use GPL code. Quite frankly, most of it, especially that which I would employ in the course of my work, sucks. Furthermore, I believe in intellectual property, so I respect his right to control his own IP, even it is an idealistic, unreasonable, and hyprocritical scheme that I disagree with.

    He is hoping the world will say to him "you have no right to dictate how your code is used by others once you have written it it's not yours anymore". Nothing would make him happier. The way to take away the power or the GPL is to destroy the IP laws as they exist today. Quite brilliant I think.
    Oh bullshit. Where is that written? Even if it is, who says every word the man writes is his honest intention? Maybe he really does want to have his cake and eat it too. He wants intellectual property to protect his right to make things just so, in his own view, but not for others. Even if you accept this silly theory, Stallman is saying one thing and doing another. You can't honestly say man has no right to own an idea, yet assume ownership of your own (and others) ideas by commanding others to do a little dance for him. While you may assert this is just a means to an end, it still hypocritical, not to mention unsubstantiated.

    1. Re:Brain fart by Malcontent · · Score: 2

      It's neither hypocritical nor unsubstanciated. He has said many times that he the IP laws of this country have got be seriously overhauled. He has also stated many times that the GPL was invented to use IP laws against itself. As long as IP laws exist as they do today the GPL is an effective tool to minimize their damage. The minute IP laws are changed the GPL will not be needed. There is no doubt in my mind that the GPL is a means to an end just like GNU and FSF are means to an end.

      Stallman is NOT saying one thing and doing another. He has found a way to poison the IP well using IP itself. It's recursive not hypocritical.

      --

      War is necrophilia.

  29. Get real by FallLine · · Score: 2

    Show me where specifically he has stated that he CREATED the GPL to actually INFLICT damage on the IP system. [As opposed to merely using IP laws to bolster the GPL, quite different.] Anyways, that's besides the point, I find it very hard to believe that even Stallman thinks his little theory is going to turn the IP world on its head. I don't buy it.

    He IS saying one thing and DOING another, even if he thinks the ENDS justifies the MEANS. It's like saying murder is absolutely unethical, then murdering a murder. Some people choose to take the higher road.

    What's more, if he truely believes his "free" philosophy creates better software, he should put his money where his mouth is. If pure GPL software consistently produces better software (from any and all perspectives), who is going to spend time and money buying propreitary software? Even if closed source companies "steal" open source, surely they have nothing to add, right? It'd just be a cheap immitation of the real thing, right? If one truely believes this, then BSD-ish license would be the way to go. In other words, he could still turn the world on his head (if he believes in the absolute superiority) without ANY IP protection.

    1. Re:Get real by Malcontent · · Score: 2

      No he has never said said that free software is inherent superior then non free software. His quest has nothing to do with quality. What he has said many many times is that free software is better for the society as a whole, better for human beings. He wan't to create a society whereby knowledge is not hidden from people where everybody can see, learn from, improve and use information. The current state of IP laws allow corporations to hide information from the people. He created the GPL in order to prevent corporations to benefit from free software without giving something back.

      Originally GPL was called copyleft. He has said many times that the idea of copyleft and GPL is use IP laws against itself. GNU is a recusive acronym, and the GPL is a recursive license. I guess we should expect that from a person whose favorite language is lisp.

      Neither I nor He gives a flying fuck what you find it hard to believe but everybody admits the man is on a crusade. People who don't believe passionately don't devote their lives to causes. Stallman wakes up and works like a dog every day even at the age of 60 in order to make this world more like what he thinks it ought to be. Most people like me go to work, do our 9 to 5 and sit in front of the tube. He is a believer and I (and the other 95% of the world) are users.

      --

      War is necrophilia.

  30. Re:On Stallman by Keith+McClary · · Score: 1

    To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.


    RMS has ever said anything like that.

    You can release your code under any license you want - RMS just advises users to be aware of all the restrictions and lock-ins associated with proprietary software.

    Even if you release code under the GPL you still own the copyright and can do whatever you want with it including making derived works which you exclusively own and can try to sell under other licenses.

  31. How to make money on GPL games by HiThere · · Score: 2

    1) Write a game server engine
    2) Write a game client
    3) GPL the client
    4) Charge to hook into the server.

    That's sort of bare bones, but the principle should be clear.

    OTOH, it might be difficult to prevent cheating.
    Caution: Now approaching the (technological) singularity.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:How to make money on GPL games by karb · · Score: 2
      Yeah, I know ... I really want to write open source games, and there are a multitude of ways to make money from an open source game.

      However, not *all* games can be both open source and money-making. Pretty much any game you don't want to play online is unlikely to be a big money maker.

      Also, having the source available for the client makes it easier to make an open source dupe of the server ... and one thing the OS game dev community can do is make clones of existing products :)

      --

      Jack Valenti and the MPAA are to technology as the Boston strangler is to the woman home alone

  32. Re:Illegal by HiThere · · Score: 2

    No, it isn't a free market. Is this a surprise?

    I know that there is a lot of flag waving and pontification about the virtues of a free market, but the people who do it the most have a government subsidy check in their pocket and lots of nice laws custom made to suit their needs.

    Do not expect a power structure to create a level playing field. That is not, and never has been, their goal. (There may exist brief [1 ruler long] exceptions, but that has not been proved to my satisfaction.)

    The first purpose of an organization is to survive. If it doesn't do that, then you will never hear about it. This is an always true.

    So don't be surprised if the world looks like that. Recognize rhetoric, and don't invest belief in it.

    I am commonly called a cynic, so you don't need to believe this, but you probably look like an unfair competitor too. (I can practically guarantee this, if I am allowed to choose the viewpoint character.)

    Caution: Now approaching the (technological) singularity.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  33. Re:Open Source != Free by HiThere · · Score: 2

    That's basically a pretty good license, but a few quibbles:
    What is the maximum value of N that would qualify the product as free? If 10^10 is acceptable, then all software is free, no matter what the laws say.

    Caution: Now approaching the (technological) singularity.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  34. I'm not opposed to RMS but.... by Skapare · · Score: 2

    I'm not opposed to RMS but I want to release my software without some of the impositions that GPL has. LGPL might be closer, or maybe the modified BSD licence or the Apache license.

    The way I want to have my restrictions work is that if any recipient of my software (or any modification of my software), merges in their own modifications, they are not obligated to release the source code of their modifications. They will also not be obligated to distribute my original source code. If they do choose to release their source code integrated with my code, they must distribute that under the same terms (but if they distribute separate, e.g. my code and their patch, they may use any license terms they wish for their part). I want to prevent the terms of my software from being changed, but I do not want to impose any terms on anyone else's software.

    And yes, I realize that means Microsoft could use my software, not distribute any source, not acknowledge it, and never even tell me about it, all legally.

    Suggestions?

    --
    now we need to go OSS in diesel cars
    1. Re:I'm not opposed to RMS but.... by wfrp01 · · Score: 1

      The GPL does not obligate you to release code if you merge it with GPL code. You are only obligated to distribute code when you distribute binaries.

      --

      --Lawrence Lessig for Congress!
  35. Re:I'm about half sick of licenses by Wee · · Score: 1
    "A poor gamer blames his video drivers."

    Thanks for the witticism. Here's one of mine: "If you have to say it anonymously, it isn't worth saying."

    I had high score (32-ish) on a server with like 27 people on it. I'm allowed to bitch about the latest DRI snapshot sucking when I'm high scorer. Keep the Zen platitudes to yourself.

    -B

    --

    Ash and Hickory, straight-grained and true, make excellent bludgeons, dandy for the cudgeling of vegetarians.

  36. Mutual compatability and efficiency by Adam+J.+Richter · · Score: 1

    I think one of the greatest efficiencies of free software is in reducing friction in reuse of other work in ways that may not have been imagined originally. For this to occur easily enough so that this efficiency is not offset by some other inneficiency (like negiating license exceptions), mutually compatible copying conditions are necessary.

    Currently, the largest set of mutually compatible free software available is the set defined by GPL compatibility. This includes the new BSD copying conditions, the "MIT style" copying conditions, public domain, and many other varieties. The GPL also covers many crucial system components, like gcc. So, for reasons of both the amount of software and the specific software covered, it is unlikely that a superior pool of mutually cominglable free software will be created in the near future that does not include some GPL'ed software.

    So, currently, if you care about the network effects and efficiency benefits of Open Source, even if you don't give a hoot about Free Software, your most effective maintenance strategy is to use GPL-compatible copying conditions (not necessarily the GPL), not because you think the GPL came from heaven, but primarily because the GPL has itself become a dominant technology compatibility standard.

  37. OSI: lacking a major resource by tartarus · · Score: 2

    Am I the only person who wishes that, as part of certifying a license, OSI would provide a concise explanation of what it means in practice? Obviously you still need to read the license IF you are going to use it, but in choosing a license for a brand new project it would be useful to have a summary of key features to help decide.

    One of the reasons I always use GPL or MIT (depending on context) is that they are well-understood in the community, and so we don't get bogged down in legalese.

    Could this be a case of diversity being harmful for the community (but, I'm sure, being beneficial to the initial developers in some way)?

    1. Re:OSI: lacking a major resource by Russ+Nelson · · Score: 2

      You're right, we don't have the resources to produce these summaries. We can't ask the license submittors to provide them, because then they would have legal force, and could be used to substitute for the license in court. So, feel free to contribute these summaries. We'll be happy to put them up on opensource.org with your name in lights.
      -russ

      --
      Don't piss off The Angry Economist
  38. Re:On Stallman by Black+Parrot · · Score: 2

    > To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.

    How does he do that?

    > For that matter, it's worth pointing out that the GPL actually restricts my freedom!

    Which perhaps explains why they call it a "license".

    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  39. Re:True enough. by cruelworld · · Score: 1

    If the sign said "this is number you call to report violators of the GPL" then you'd approve?

    how is it different?

  40. This is IBM's second Open Source-approved license by DenialS · · Score: 1
    The recently OSI-approved Common Source License linked to in the main story is actually the second license IBM has had approved by the OSI. The first license was the IBM Public License.

    As I understand it, one of the main differences is that the IBM Public License could only apply to files that were originally created by IBM, while the Common Public License would allow non-IBM employees to contribute new files to a project and apply the Common Public License to those files. Apparently it's pretty hard to run an open-source project without allowing other people to contribute a new file :)

    The section of the IBM Public License that details that restriction follows:

    1. DEFINITIONS

    "Contribution" means:

    • a) in the case of International Business Machines Corporation ("IBM"), the Original Program, and
    • b) in the case of each Contributor,
    • i) changes to the Program, and
    • ii) additions to the Program;
    • where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
  41. Re:On Stallman by indecision · · Score: 2
    You live in a Free Country. But you are not free to steal; you are not free to shoot your boss or rape his wife.

    Completely off-topic, I know, but I just love the way sexism is endemic to this community - the guy writing that post didnt deliberately make a sexist comment, but what he said came out very much like raping the boss's wife was just another way of being nasty to the boss.

    What it should have been, of course, is:

    You live in a Free Country. But you are not free to steal; you are not free to shoot your boss or rape her.

  42. Re:APSL Seems Pretty Free To Me by frantzdb · · Score: 2
    I havn't looked into that license but it could well be Free. There are Free Software Licenses other than the GPL. There are even Free Software licenses which are incompatable with the GPL. See the FSF's page.

    --Ben

  43. MOD PARENT UP by keepper · · Score: 1

    Very, true.


    The arguments of slothbait can be basically used for any license...

    You can basically s/GPL/M$ EULA/g && s/Stallman/Bill Gates/ and it will still makes sence.

    The whole purpose of the GPL is to restrict the use of open source software so it can never be closed source. Althought that might seen as a worthy cause.. remember, nothing that is FORCED is good in the long run...

    Maybe the BSD license is too idealistic, but i like it. It gets good code/ideas to spread and become standards.

    The GPL tries to twist arms.. and people/companies don't like their arms twisted :-P


    This is just my opinion.. deal with it!

  44. Re:Open Source != Free by Menthos · · Score: 2
    By definition, open source has nothing to do with free.

    Where's that definition?

    There's just plenty of people who don't mind working for nothing. Apple wants to make money, so they'll do that. If you don't like their open source model, then don't help out. There's nothing wrong with companies using open source for profit.

    And neither is it wrong with free software companies using free software for profit. There are also a lot of free software companies today selling free software for profit. So I don't understand what you're arguing.

    And anyway, darwin is free, which is what's released under Apple's Open Sourece license, so there's no reason why the rest of OSX has to be free (as your post implies).

    There has always been a need for free software. That's why we have GNU/Linux today, and lots of companies selling free GNU/Linux distributions.

    Oh, and in case you haven't got the point yet, "free" in this context was never about price, it's about freedom. This was what was mentioned in the article, and what you completely failed to realize. I'd recommend reading up a bit on the the definition of free software. There you have a definition.

    --

    GNU/Linux. The Freshmaker.

  45. Re:Open Source != Free by spectecjr · · Score: 2
    Both may fit the OSI's definition of Open Source, but Free? Neither one uses that word. Richard Stallman isn't kidding when he says Open Source is not synonymous with Free Software. Clearly, there is nothing to stop every software company in the world from writing its own Open Source license."

    By definition, open source has nothing to do with free. There's just plenty of people who don't mind working for nothing. Apple wants to make money, so they'll do that. If you don't like their open source model, then don't help out. There's nothing wrong with companies using open source for profit. And anyway, darwin is free, which is what's released under Apple's Open Sourece license, so there's no reason why the rest of OSX has to be free (as your post implies).


    Depends on your definition of free. For example, the OSI definitions of Open Source software explicitly state that an OSI licensed work cannot be charged for:

    From www.opensource.org:

    Definition of Open Source

    1. Free Redistribution
    The license shall not restrict any party from selling or giving away the software as a component of an aggregate software distribution containing programs from several different sources. The license shall not require a royalty or other fee for such sale.

    Rationale: By constraining the license to require free redistribution, we eliminate the temptation to throw away many long-term gains in order to make a few short-term sales dollars. If we didn't do this, there would be lots of pressure for cooperators to defect.


    Simon
    --
    Coming soon - pyrogyra
  46. Re:Illegal by Znork · · Score: 2

    Im afraid you're in the wrong market then. Proprietary consumer productivity software is dead as a market. There you're stuck between Microsoft on one side that will implement your programs if they're useful and bundle them with windows, opensource on another side who will implement it if anyone cares about the software and will give it away for free, the problem that this type of software becomes pretty much 'finished' on the third side, and consumer reluctance to pay for each and every little component in a system.

    Id advise you go into consulting, some vertical market, entertainment markets or some market that doesnt have the same dead end mechanics built into that market.

  47. Re:What is RMS's problem with IBM's license? by Znork · · Score: 2

    Well, IANAL either, and 3 minutes isnt enough to figure out a license really, but from a quick reading it seems you're right.

    Looks pretty much like GPL, but with less work done on specifying problematic technical software issues like linking, and with more work gone into the disclaiming and patent parts. If you read it more carefully, you cannot change the license on binaries. You can issue a disjointed license on binaries but then it has to conform to both, and there is nothing preventing that on GPL software either (Ie, you can say "I will provide warranty for this software in the form distributed by me" in your extra license and that would be ok for both GPL and this IBM license).

    Of course, the GPL deals with these issues too. So, yet another license that isnt saying anything original but which is very likely incompatible with the GPL (the license revocation clause was the first thing I thought of).

  48. The HWJOPFSSL by rking · · Score: 1

    That should be easy. Doesn't your unique creation deserve licence number 24, the HelloWorld.java Open Public Free Source Software Licence?

  49. Re:it's not "dumping" by rking · · Score: 1

    If Ximian gave away their services for nothing to push a competitor out of the market so that they could then raise prices and make a fortune then that would be dumping, yes. If they give away software as a sustainable long term plan and make pofits on services that others could equally provide then that is not dumping. If we assume that Microsoft becomes unable to make money from selling software as a result of Gnome then they can still provide whatever services Ximian plan to provide.

  50. Re:Illegal by rking · · Score: 2

    If Wacky Hacker develops a copy of your product and releases it for free and drives you out of the market, that's not a crime

    Correct

    despite that the effect is the same.

    The effect is not the same. In the dumping example once the competition is forced out of the market prices will go up, in the free software example this does not happen.

    I don't see the logic.

    The point is to efficiently utilise resources in providing goods and services to the consumer, not to protect the capitalist. The profit is an incentive to the capitalist to provide things the consumer wants. If the consumer can get those things from elsewhere for less cost, or no cost, then they will and the capitalist loses but that's okay because it's the consumer that the system is intended to benefit (and we're all consumers, though not necessarily of this particular product).

    Dumping is only a problem because it allows someone to distort the market in the short term against the interests of the consumer in the long run. Free software does not do this, the consumer gets software that they are happy with for the price, if they are willing to pay more for something better then they can do so, if they are not then they've got what they want.

    There is no difference between this and if the rival software was being sold at a much lower price than yours but on a long term sustainable basis.

    If consumers would rather have the competing software for nothing than your software at the price you are charging for it then you will go out of business. This is a unfortunate for you personally but it is exactly the outcome that the market is supposed to produce.

  51. The best software agreement... by nbvb · · Score: 1

    The best software agreement I ever read (from back in the BBS days) contained the following:

    This opinion is meant for educational purposes only. Any resemblance
    to real persons, living or dead is purley coincidental. Void where
    prohibited. Some assembly required. List each check separately by
    bank number. Batteries not included. Contents may settle during
    shipment. Use only as directed. No other warranty expressed or
    implied. Do not use while operating a motor vehicle or heavy
    equipment. Postage will be paid by addressee. Subject to CAB
    approval. This is not an offer to sell securities. Apply only to
    affected area. May be too intense for some viewers. Do not stamp.
    Use other side for additional listings. For recreational use only.
    Do not disturb. All models over 18 years of age. If condition
    persists, consult your physician. No user-serviceable parts inside.
    Freshest if eaten before date on carton. Subject to change without
    notice. Times approximate. Simulated picture. No postage necessary
    if mailed in the United States. Breaking seal constitutes acceptance
    of agreement. For off-road use only. As seen on TV. One size fits
    all. Many suitcases look alike. Contains a substaintial amount of
    non-tobacco ingredients. Colors may, in time, fade. We have sent
    the forms which seem to be right for you. Slippery when wet. For
    in any mailbox. Edited for television. Keep cool; process promptly.
    Post office will not deliver without postage. List was current at
    time of printing. Return to sender, no forwarding order on file,
    unable to forward. Not responsible for direct, indirect, incidental
    or consequential damages resulting from any defect, error or failure
    to perform. At participating locations only. Not the Beatles.
    Penalty for private use. See label for sequence. Substantial
    penalty for early withdrawal. Do not write below this line. Falling
    rock. Lost ticket pays maximum rate. Your cancelled check is your
    recipt. Add toner. Place stamp here. Avoid contact with skin.
    Sanitized for your protection. Be sure each item is properly
    endorsed. Sign here without admitting guilt. Slightly higher west
    of the Mississippi. Employees and their families are not eligible.
    Beware of dog. Contestants have been briefed on some questions
    before the show. Limited time offer, call now to insure prompt
    delivery. You must be present to win. No passes accepted for this
    engagement. No purchase necessary. Processed at location stamped in
    code at top of carton. Shading within a garment may occur. Use only
    in well-ventilated area. Keep away from fire or flame. Replace with
    same type. Approved for veterans. Booths for two or more. Check
    here if tax deductible. Some equipment shown is optional. Price
    does not include taxes. No Canadian coins. Not recommended for
    children. Prerecorded for this time zone. Reproduction strictly
    prohibited. No solicitors. No alcohol, dogs, or horses. No
    anchovies unless otherwise specified. Restaurant package, not for
    resale. List at least two alternate dates. First pull up, then pull
    down. Call toll free before digging. Driver does not carry cash.
    Some of the trademarks mentioned in this product appear for
    identification purposes only. Record additional transactions on back
    of previous stub.

    This supersedes all previous notices.

  52. Arguably not. by Russ+Nelson · · Score: 2

    Some lawyers have argued that, as the copyright act provides no method for explicitly placing a work into the public domain, that words to that effect have no effect. Obviously, at the copyright infringement trial, you'd have a hard time arguing that you intended to enforce any copy rights if you claimed that your work was in the public domain.
    -russ

    --
    Don't piss off The Angry Economist
    1. Re:Arguably not. by CaptainStormfield · · Score: 1
      Do you have pointers to the lawyers' arguments? As a law student who has studied copyright I find this assertion literally increadible. I have never heard anyone suggest that an author cannot put his work in the public domain. Believe me, it would take any judge about a microsecond to read such an exception into the copyright act. What possible reason could there be for not doing so?

      As always: IANAL

      --
      "The dinosaurs died because they didn't have a space program." - Niven
  53. Re:it's not "dumping" by Russ+Nelson · · Score: 2

    Actually, it *is* dumping when a company does it. The purpose of it is to remove vendors of proprietary works, in order to avoid having to compete with them, at least when a company does it. Will Ximian be able to charge monopoly prices for their services when they put Microsoft out of business? Possibly. There's a lot of money to be made from .NET. If Ximian can provide those services, they will experience nearly unlimited growth.
    -russ
    p.s. and yes Microsoft does it too, and no, I don't agree with the author of the parent of the parent of this article.

    --
    Don't piss off The Angry Economist
  54. As far as I am concerned, they are synonymous. by Russ+Nelson · · Score: 3

    I'm the vice president of OSI, and as far as I am concerned, free software and open source are synonymous. Now, RMS (whose definition of "free software" is accepted by a large number of hackers) has a problem with the APSL because it requires publication of source even if binaries are not distributed. He says that people using "free software" have a right to privacy also. Well, I disagree that a free software license must also not deny privacy rights. I have made the case that this requirement increases the amount of free software. RMS says "not at the cost of privacy". But practically, the only privacy it infringes is that of a corporation which "deploys" software only to its employees. Well, what kind of privacy is that!
    -russ

    --
    Don't piss off The Angry Economist
  55. Re:Open Source != Free by bmacy · · Score: 1

    I agree... since when did open source mean GPL or GPL compatible? I think it is great that other companies are working out open source licenses that suit their business needs. The big concern for me is making sure that the licenses are such that you can use libraries that are under other licenses.

    Which my "ideal" open source'ish license goes basically like this:
    - Source code available but no ability to redistribute for N months
    - A given revision of source code becomes Public Domain after N months

    This way I get control over my open source project as long as I'm actively developing it with features people want. If the project dies (as is common), the source code becomes Public Domain so anyone wishing to take it over can put it under any license they want (including making modifications proprietary).

    Brian Macy

  56. Re:True enough. by Malcontent · · Score: 2

    "Where it gets weird is that IIRC Stallman doesn't believe in legally defined intellectual property at all."

    The genious of stallman was to turn the concept of intellectual property back on itself. He truly does believe that all software should be in the public domain and no soaftware should be hidden from anyone. He of course realized that this goal might take generations to achieve. In the mean time he invented the concept of a copyleft and the GPL. The purpose of the GPL is to make sure a huge codebase can never be hidden from the public and he put in the viral clause to make sure the this pool of software could grow. Until IP laws are abolished he has a tool to fight it. Once the IP laws are gone so is the utility of the GPL. Of course since the GPL is dependent on IP laws it will not disappear until IP does.
    It's just freaking brilliant. He says in effect "Hi I have just planted this big ugly onorous anti-business GPL in your midst, I have made sure it will grow till it gets in your way, all you have to do to make it go away is to take away my right to own my own code". Of course once his right to own code goes away so does everybody elses.

    --

    War is necrophilia.

  57. Re:Is there a licence that says this? by prizog · · Score: 1

    "1.Its free, you can't charge for it, but you can charge for distribution, just so long as you don't charge for the code itself. "

    Why do you want this? Surely if everyone competes to offer access to the code, the price will be reasonable anyway. Other than that, just use the GPL and trademark the name... No big deal.

  58. So Many To CHoose From..... by nuintari · · Score: 2

    23 of em.... and all of them have something wrong with all of them.... its sort of like governments.

    --

    --Nuintari

    slashdot : where an opinion can be wrong.

  59. Re:I wonder... by ddstreet · · Score: 1

    Now that IBM has it's own license

    IBM has had the IBM Public Licnese for quite a while.

    I wonder as an IBM employee if the ideas I create as such are my own, or still belong to ibm.

    No, everything you do belongs to IBM. If you want to contribute to an OSS project during IBM's time, you must get approval (very specific approval!) from IBM's OSSC (Open Source Steering Committee). Their approval generally takes 2-4 months, from my experience. The approval includes a excruciatingly detailed form describing the project, why you are modifying it, exactly what files you are modifiying, the dates (start and end) that you will be working on it, and your local lawyer's assessment of any associated IP risk. If you decide to work on any other file in the project, or past the 'expire' date, you must go through the process for approval again.

    If you want to get approval to work on OSS projects on your own time, you must get an unspecified manager's approval for each project (sometimes, each part of each project). And the manager may deny approval. If they do give you approval, it ususally takes around 1 month, or they pass it to a higher level manager.

    Also you have to follow specific guidlines set forth by IBM's LTC (Linux Technology Center) about how to contribute to an OSS project. If you're on the IBM intranet, it's http://ltc.linux.ibm.com/open_source/prz2html/inde x.htm. (That's the personal time guidelines).

  60. Re:This is IBM's second Open Source-approved licen by ddstreet · · Score: 1

    As I understand it, one of the main differences is that the IBM Public License could only apply to files that were originally created by IBM, while the Common Public License would allow non-IBM employees to contribute new files to a project and apply the Common Public License to those files.

    Also, you can start a new project and license it under the CPL. With the IPL, the 'Original Contributor' had to be IBM, so any projects started outside IBM could not be licensed under the IPL (without giving your project to IBM).

    The CPL changes this; it does not make the assumption that the 'Original Contributor' is IBM.

  61. Re:How is this +2 Informative? mod's on crack. by QuantumG · · Score: 1

    The metamods will get him. If you created an account you could metamod yourself (and you would always be free to click the "Post Anonymously" button if you wanted to remain an AC).

    --
    How we know is more important than what we know.
  62. Re:APSL Seems Pretty Free To Me by QuantumG · · 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.

    Brings a tear to my eye. Seriously, this is fantastic, and I'm not just saying that because I haven't heard a useful contribution from an AC in so long :)

    --
    How we know is more important than what we know.
  63. In future... by QuantumG · · Score: 1

    quote your source please.

    --
    How we know is more important than what we know.
  64. Re:On Stallman by QuantumG · · Score: 1

    Why is it that someone who sums it up so neatly is more often than not rated as "Flamebait?" Who would try to flame that? You cant argue with it. It is a perfect sentiment. Step off.

    --
    How we know is more important than what we know.
  65. Re:Call me nuts, but... by QuantumG · · Score: 1

    I dont think RMS knows what a washing machine is :) I see your point.

    --
    How we know is more important than what we know.
  66. APSL Seems Pretty Free To Me by QuantumG · · Score: 2
    Seems like "free software" to me. So what am I missing?
    • The freedom to run the program, for any purpose (freedom 0).Yep, there are no restrictions in this license.
    • The freedom to study how the program works, and adapt it to your needs (freedom 1).Yep, specifically stated in section 2.1.
    • The freedom to redistribute copies so you can help your neighbor (freedom 2).Would appear so, especially as related to section 2.2.
    • The freedom to improve the program, and release your improvements to the public, so that the whole community benefits. (freedom 3). Section 4 specifically says you can do this.

    Please, if I'm missing a crucial factor here hit me with it, but I'm after specific non-redundant replies, not flames.
    --
    How we know is more important than what we know.
  67. Re:Call me nuts, but... by QuantumG · · Score: 2

    The development library was Crystal Space and that was a lot longer ago than "a few months back". My mother wouldn't know what a "console" is either and even my brother (who actually does play games) would look at me strangely if I used the word "console". If you want to understand RMS's opinion on libraries you should read the warning on the LGPL.

    --
    How we know is more important than what we know.
  68. Re:Call me nuts, but... by QuantumG · · Score: 2

    read the transcript (or listen to the oog) of this story in the yro section. He seems pretty in touch with reality to me. He just doesn't care about games. If someone started talking to me about graphics programs and refered to some aliasing algorithm, I wouldn't know what the hell they were talking about and I wouldn't consider it valid for them to say I was out of touch with reality. Out of touch with graphics programming maybe, but I dont think graphics programming is such an important part of life that I just must know things about it and obviously RMS doesn't think gaming is such an important part of life. Does this make him out of touch? Yer, maybe, about as much as my dad is out of touch. Hardly a reason to forsake someone's opinion.

    --
    How we know is more important than what we know.
  69. Re:it's not "dumping" by dgoodman · · Score: 1
    (note: they're Helix Code now, no longer Ximian). Let us suppose that, somehow, MS is driven out of business by the clear superiority of Gnome (no bias here!): Helix Code finds itself in a unique position, and raises prices.

    What happens?

    Helix Code goes out of business, because they cannot compete with the still no-money download from gnome.org, a different distribution.

    Or suppoose the entire Gnome group, everyone working on it, decides to, God forbid, release the next version with a MS like lisence and charge great gobs of cash for it.

    Well, my copy of Gnome 1.4 was lisenced to me under the GPL/LGPL...this would be a most opportune time for a fork. And fork it would. GnuevoGnome (or some such) would then rise to take the place of the now proprietary GnoGnome...or, then too, there's always KDE.

    Point is, Helix et al would not last a minute if they tried to do something like that (not that I'm saying they would...nonononono; it's an example). This holds true of any software package that started life as free software

    So, no, it's not dumping, because there would be no real opportunity to profit from it; I think those involved know this.

    Now, providing service (via .NET)...that's something very different. Now we've moved beyond the realm of simply writing and distributing software via the "normal" channels...I don't want to even touch this subject just yet...

  70. My license. by jcr · · Score: 2


    This code is published under the "Don't Even Talk to Me about Java" license.

    You may use this code in any way you like, but if you use it in a commercial application, you must acknowledge that I wrote it.

    You may translate this code into Python, Lisp, Smalltalk, TOM, or even PL/1 with Swahili keywords, and I'll probably even encourage you to do so.

    If, however, you contact me for help porting this code to Java, I will send a goon squad to beat you about the head and shoulders with a copy of "The Mythical Man-Month" and/or "Anti-Patterns".

    By communicating to me any intention on your part of porting my code to Java, you agree to the aforementioned beating, you promise to submit to surgery to ensure your sterility, and further agree to waive all right to refute my public declaration of your uselessness.

    You have been warned.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  71. Re:True enough. by mjh · · Score: 2
    BTW, I release my code into the public domain. Many programmers have been fed a lot of lies about liability and told things like "if you don't GPL it, proprietary companies can take it for themselves," without really thinking about what things like that mean. GPL is just the default by sheer publicity, no other license (much less the public domain) has a dedicated cadre of propagandists working for it.

    Congratulations. I hope you'll permit me the right to control my code the way that I want to. And if I want to release my code under the terms that you're allowed to use it if and only if you don't proprietize it, what's wrong with that?

    I get a kick out of people who proclaim that anyone who uses GPL or believes the tenets of the GPL is somehow restricting other people's rights. My use of the GPL does not prevent you from using any license on your software, or releasing it to the public domain. But because I prevent you from using my software under conditions that I don't approve of, you think I'm the zealot? You're trying to take my code, use it, and not contribute back. You're trying to take the work of others and proclaim it for yourself. And I'm the one impinging on your rights?

    You live in a strange world.

    --
    Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
  72. Thanks OSI! by dimator · · Score: 2

    Thanks OSI for telling me exactly what to think! Oh, is IBM's license approved by you now? Then I'll consider it for my next project!

    Please...

    People, if you want to release a project, look at all the licenses out there. Don't go GPL because everyone else is doing it. Don't listen to OSI. Don't let anything but the licenses themselves influence your decision. Read them, choose what seems right for your needs.

    You want your shit closed, you say? Think it will get you a wad of cash, or get you something else? Do it. Don't let /. or anyone else be your guide.


    --

    --
    python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
  73. Re:True enough. by wfrp01 · · Score: 1
    "If programmers deserve to be rewarded for creating innovative programs, by the same token they deserve to be punished if they restrict the use of these programs."
    -RMS "The GNU Manifesto"

    I'm not going to defend this statement. I agree, it's rather extreme. But I used to ride the Boston subway, and often saw signs to the effect of "here's a number to call if you'd like to turn in any of your coworkers, friends, or family for being software pirates." This is extreme in the other direction, and unfortunately much more prevelant and accepted.

    --

    --Lawrence Lessig for Congress!
  74. Re:True enough. by wfrp01 · · Score: 1

    Which part of "I'm not going to defend this statement. I agree, it's rather extreme." don't you understand?

    --

    --Lawrence Lessig for Congress!
  75. license with plugin modules by Dugh+Daren · · Score: 1

    maybe what we need is a small set of generic licenses with a set of "plugin" additions that companies can use to then limit the license to their needs. there is a lot of "code" these licenses all have in common with some having only minor differences. plugin clauses and stipulations could then flesh out the simple license.

  76. Re:On Stallman by Mr+Windows · · Score: 1
    No, no, no. You misunderstand.

    It's ``He has sandals...''.

    HTH!

  77. Free & opensource software should remain synonyms by apol · · Score: 2
    I fully disagree the idea that we should make a distinction between those terms. For me it is a conceptual and strategical mistake. free software should not mean GPL'd software or software using a FSF license. Not even RMS restricts the word "free" to the licenses from FSF.

    Eric Raymond used the term opensource as a synonym for free software. As he said, the single reason for adopting this term was that it would be more easily accepted by the business world. It was meant to be a synonym and I see no interest of changing that (except by enemies of opensource/free software).

    The reasons I see why people tend to see a difference between these two terms are:

    • "free software" == "software using a license from FSF". Mistake: free software should simply mean software which is free. And software using licenses other than those from FSF (BSD, artistic, NPL, etc) are called "free" by RMS himself. I fully disagree the idea that we should make a distinction between those terms. For me it is a conceptual and strategical mistake. free software should not mean GPL'd software or software using a FSF license. Not even RMS restricts the word "free" to the licenses from FSF.

    • "free software" == good software for RMS, "open source" == good software for ESR. Mistake: disputes such the one involing the license used by Apple should not be a ground for splitting those concepts. If you take two people from FSF and ask if you can do something with GPL, you will often get two different answers (go check gnu.misc.discuss). Licenses are a tricky subject. RMS and ESR do disagree on some issues, but we should not "make" them disagree more than they actually do... and not extend this disagrement to basic concepts like free or opensource software.

    The first effort to establish a definition to free software was DFSG. As far as I know both RMS and ESR fully agree with DSFG (though OSI definition carries some changes). One calls it "free software" the other "open source". We should call it the way we prefer and not try to extract two different concepts out of them.

    Just say no to Intelectual Property! I hope the author of this sig doesn't mind...:-)

  78. Re:Free & opensource software should remain synony by apol · · Score: 2
    "open source" is now a superset of "free software"

    We should not let this happen. The term "opensource" would never have been gained acceptance in our community if it was meant to be a synonym for free software. The interest of the community should be greater than the ambition and the narcisism of two individuals (ESR and RMS).

    We should not let ESR decide alone what is good or bad in the name of "opensource". Finally a lot of what we do is call "opensource" by people from outside. If OSI accepts licenses that we do not like let us ask for a more representative organ, and not let it decide what it wants in the name of the rest.

    Too many people have contributed for free/opensource software. I don't see why we would give two people the liberty to decide what these terms should mean. Free software shouldn't mean software with a license from FSF, or software adhering to the "free software movement started by RMS", or software that RMS likes. Opensource software shouldn't mean OSI approved.

  79. Re:On Stallman by naasking · · Score: 1

    But let's be completely honest: GPL-ed software is not literally and wholly free.

    No. No licensed software is ever free because it is just that: licensed. You can do whatever you want with it as long as you abide by the terms of the license. The BSD license is not totally free either. There is only one completely free way to release code: public domain. That's it.

    The GPL was invented to promote freedom from Intellectual Property and to protect people from money-grubbing corporations who would try and restrict our freedom for their bottom line. It's primary purpose is not absolute freedom, but fairness.

    -----
    "Goose... Geese... Moose... MOOSE!?!?!"

  80. Darwinism... by Xenex · · Score: 2
    Of course it's Darwinism, it's the name of the kernel released under Apple's ...

    ;)

    1. Re:Darwinism... by TheOutlawTorn · · Score: 1

      Ah yes, wouldn't be ironic if Darwin was...um..."Darwined" because of it's license?

      Too much to consider at 4:00am, I'm out.

      --

      He who joyfully marches in rank and file has already earned my contempt. - "Big Al" Einstein
  81. Darwinism... by Xenex · · Score: 2
    Of course it's Darwinism, it's the name of the kernel released under Apple's APSL...

    ;)

  82. MaxOS? by Xenex · · Score: 2
    Why do you keep saying "MaxOS" in reference to Apple? There is already a bad Linux distro called that, and it's pretty obvious where they got their name from.

    If you mean "Mac OS X", type Mac OS X.

  83. Re:Bad link... geez... by cynthetik · · Score: 1

    Let the pork jokes begin...

    Well I would have Pork was the obvious complement to Apple source...

    --
    .sig .sig .sputnik
  84. Re:Is there a licence that says this? by Crixus · · Score: 2
    Sounds like the "Artistic License" to me.

    Rich...

    --
    Ignore Alien Orders
  85. What is RMS's problem with IBM's license? by Sun · · Score: 1

    Ok, IANAL (always loved the sound of that acronym) (don't you just love it when someone uses an acronym to make things shorter, and then puts in some extra comments about the acronym which would have made not using the acronym at all so much shorter?).

    The way I see it, the IBM license is, in spirit, very much like the GPL.

    You have the right to:

    • remain silent
    • distribute binaries, but you must supply source for a reasonable cost.
    • distribute source, it must be under this license.

    The only different I see is that you can somewhat change the license on binaries.

    One more difference is that they made an heroic attempt to deal with liability, support and patent licensing issues.

    Am I misunderstanding something centeral here?

    1. Re:What is RMS's problem with IBM's license? by squiggleslash · · Score: 2
      You know, it would solve a lot of problems if people went and read what RMS has to say rather than spouting off demanding to know why he's so apparently illogical.

      The IBM Public Licence 1.0 is filed under "GPL Incompatable Free Software Licences". In short, RMS has no objection to it, though would find more it convenient if it could be updated to be compatable with the GPL.
      --

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:What is RMS's problem with IBM's license? by squiggleslash · · Score: 2
      As I'm not a lawyer, I'm not qualified to do this. However, if you go to the link I quoted, you'll see RMS's explanation of why it isn't GPL compatable.

      And who's arguing that Open Source licences should be compatable with the GPL? All that's being said is that IBM's isn't compatable with the GPL, not that it should be. If you're using the GPL, and planning to incorporate code you've seen in an IBM PL project, you'll need to know that.
      --

      --
      You are not alone. This is not normal. None of this is normal.
  86. Re:Illegal by vague · · Score: 1
    So what about your competitors? if you're product is selling for less then you are doing the same thing to them Uhm, not as long as he's making enough money to support his kids he isn't...

    -

    --

    -
    Listen. Strange women lying in ponds distributing swords is no basis for a system of government.

  87. Re:anti-appl-msft license? by Ghoser777 · · Score: 1

    First of all, quicktime is coded in Carbon last time I checked, so that means it's as close to linux compatibility as any other Classic Mac OS 9 application - aka not at all. Second of all, there are plenty of apps that run on linux that don't run on windows. The only difference is that there are usually similiar programs that run on one platform, but not another. So, run out and license some technology and make it only availiable on linux and wait for it to catch on... oh wait, the whole catching on thing doesn't work when only 5% of all computer users can use the program.

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  88. Re:anti-appl-msft license? by Ghoser777 · · Score: 1

    Last time I checked they weren't licensed to only run on Linux. They're open sourced, under the GPL, and can be ported to other unixes, etc. My post makes more sense in context of the original post, not just my reply by itself.

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  89. Open Source != Free by Ghoser777 · · Score: 5

    "Both may fit the OSI's definition of Open Source, but Free? Neither one uses that word. Richard Stallman isn't kidding when he says Open Source is not synonymous with Free Software. Clearly, there is nothing to stop every software company in the world from writing its own Open Source license."

    By definition, open source has nothing to do with free. There's just plenty of people who don't mind working for nothing. Apple wants to make money, so they'll do that. If you don't like their open source model, then don't help out. There's nothing wrong with companies using open source for profit. And anyway, darwin is free, which is what's released under Apple's Open Sourece license, so there's no reason why the rest of OSX has to be free (as your post implies).

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
    1. Re:Open Source != Free by refactored · · Score: 1
      There is only one truly free license. And that is my No problem Bugroff license.

      The "No problem Bugroff" license is as follows...

      The answer to any and every question relating to the copyright, patents, legal issues of Bugroff licensed software is....

      Sure, No problem. Don't worry, be happy. Now bugger off.

      All portions of this license are important..

      • "Sure, no problem." Gives you complete freedom. I mean it. Utterly complete. A bit of a joke really. You have complete freedom anyway.
      • "Don't worry, be happy." Apart from being good advice and a good song, it also says :- No matter what anyone else says or does, you still have complete freedom.
      • Now bugger off. The only way to get rid of pushy Jackals is to ignore them and not feed them. The GPL is just begging somebody to take it to court. Can't you just see it. Exactly the same thing that happened when some twit (not Linus) registered Linux as his own personal trademark. People got upset, started a fund, and hired, off all ruddy things, a Jackal to try and defend the chicken! Who really benefits from this trademark / patent / copyright thing anyway? The lawyers. Who made it up in the first place? The lawyers.
  90. 23! by shpoffo · · Score: 1

    23 Licenses!
    Hail Eris!

    <goes to look for his hot dog, it being friday and all>
    -shpoffo

  91. Re:GPL not "free" by DarkProphet · · Score: 1

    So I have to make extra CD for him or copy the source on to his computer. Don't have a CD-RW not enough room on neighbor HD to fit source. Can't "give" software to neighbor.

    Um, yeah but thats irrelevant though. The license isn't whats restricting you from giving the software to a neighbor. However, almost ALL binary programs have an about or --help feature which makes it quite clear who wrote the program, and how they can be contacted, (and in the case of GPL'd code, where to go to get the source, if you so choose). The fact remains that your neighbor still has the same right to the source code as you do.

    Whether or not RMS complains about privacy is also irrelevant, because, well who cares what any one person thinks? It doesn't change what the license says. Just because RMS complains doesn't have anything to do with the Free Software Definition. People all have thier own personal agendas.

    I can't comment on the APSL, but the GPL pretty much asks of the same thing. If you're not going to accompany binary programs with the source, you have to make it quite clear where they can get it. How is that different?

    Seriously, I've only actually read the GPL a few times, and I sure don't remember all the details of it, so its no surprise to me that others have the same problem. Perhaps if the OSI could post some "official" and correct outlines of each license, we could avoid utterly offtopic posts where everyone tries to sound smart.

    I guess I'm doing that myself right now... ;-)

    --
    What could possibly hurt the security of the American people more than giving our own government the ability to hide its
  92. Re:moonwick@ by Dartagnan · · Score: 1

    Oh yeah, my rot13 license is expired. I think I need to renew my ASCII, too.

    Thanks for trying so hard to help... and for nullifying any attempt on his part to avoid spam.

  93. I'd say use Lesser GPL with a disclaimer by yerricde · · Score: 1

    You mentioned copyleft but not viral copyleft. I'd suggest the GNU Lesser GPL with an additional disclaimer to the effect: "The GNU Lesser General Public License does not give you any trademark rights in the name ______. However, permission is granted to distribute unmodified copies of the Software under the name ______."

    --
    Will I retire or break 10K?
  94. Trademark rights by yerricde · · Score: 1

    By his OWN definition, what Stallman is pushing is Free Software

    One word: Trademark. RMS was the first to use the term in commerce; therefore, he should get to dictate what it means. It's too bad the FSF didn't apply for some sort of trademark on FREE SOFTWARE.

    --
    Will I retire or break 10K?
  95. Moores Law Anyone? by boris_the_hacker · · Score: 2

    I wonder if moores law applies in this situation, ie. every 18 months the number of opensource licenses doubles....
    ---
    boris at darkrock dot co dot uk

    --
    chris at darkrock dot co dot uk
    http colon slash slash www dot darkrock dot co dot uk
  96. Quake code by mpinard · · Score: 1

    Keep in mind that id have other games. Yes, Quake is under GPL because it's no longer their best toy in the house.

    Look here:
    http://www.idsoftware.com/archives/quake3arc.htm l

    For example, they release game code of Quake3 to make sure that it's possible to modify as much as possible the gameplay, but they keep the 3D engine closed. The game code of Quake3 isn't GPL. I have no idea on which license they released it, but there must be something to prevent anyone to sell a game based on Quake 3 code without paying $300,000.

    I think it's great the way they do it. I'm not complaining, but I would like to see Commander Keen source code!

    Mathieu Pinard
    Tribsoft Inc.

    --

    Mathieu Pinard
    Tribsoft Inc.
  97. Bad link... geez... by Gogo+Dodo · · Score: 2
    Open Source Intiatitive's real URL is http://www.opensource.org/.

    Let the pork jokes begin...

  98. Re:Is there a licence that says this? by Kristopher+Johnson · · Score: 2
    Why not take a look at the 23 licenses at the OSI site and see which one best suits you? Or do what everyone else does and make up you own brand-new license that no one will understand.

    I don't think any of those licenses have the combination of restrictions you have. GPL is close, except for the "cannot release code under the same name". But you could easily just say "This code is released under the terms of the GPL, with the additional restriction that any modified versions must be released under a different name.

    Also, when you refer to "code", are you talking about executables, object code, or source code (or all of the above)? GPL says nothing about what people can charge for the binaries, but requires that source code be made available at no additional charge to anyone to whom you distribute binaries.

    -- Kris

  99. Re:why not just make it public domain? by balthan · · Score: 1

    Nor can you take GPL'd software and combine it with other "free" but non-GPL'd software. The FSF is not about promoting free software, it's about promoting GPL software.

  100. Re:Variety in OSS Licenses by fsdb · · Score: 1
    One of the nice things about the GPL is that it's stringent requirements for distribution, have the effect of reducing code forking

    Yeah, right. How do you explain the EGCS-GCC code fork. The Emacs-Xemacs code fork. The Bison-Byacc code fork (GNU people took BSD Yacc, GPLed it and forked it), GNU indent (same story)?

  101. ok nutcase by Ur@eus · · Score: 2

    Why DO you have to balance a company wanting to make money and the community? GNU/Linux & BSD was created by the community for the community not for company this or that. So if companies want to release software under non-GPL licenses being OSI approved or closed source, well nothing is stoping them since all the basic and important libraries are LGPL or BSD. But there is no need for the community applauding their actions. The community uses (L)GPL and BSD licenses and these companies can use whatever license they wish. They just have to realize that by using other licenses they make their code mostly uninteresting to the community and minimalize the chance of community involvement.

  102. Re:I'm about half sick of licenses by John+Hurliman · · Score: 2

    I would have to agree. Unless I'm trying to make a profit off it, I release all my new software in the public domain. "Here you go, I don't care what you do with it, I'm writing this for my own knowledge and to better the software world, not to push some agenda."

  103. Another Discordian plot? by Glowing+Fish · · Score: 2

    23 licenses to choose from? further proof that the open source movement is nothing but a front for those anarchist, anti-American Discordian bastards.

    PS---this is not a troll. It is an ogre.

    --
    Hopefully I didn't put any [] around my words.
  104. Re:On Stallman by sp67 · · Score: 1
    For that matter, it's worth pointing out that the GPL actually restricts my freedom! I cannot do just anything with GPL-ed code. So Stallman's blathering about "free" software is a little disingenuous.

    The "free" in Stallman's "free software" refers to the software, not to the people that interact with it. The GPL is designed to keep the software free at all times, in both its source and binary forms, while restricting some of it's user's rights, so it doesn't contradict with the "free software" term.

    Now, whether that is right or wrong is a totally different discussion... all too often heard around here. My take is that any license is ok as long as it's not shoved down my throat, I am given a real chance to understand it and after that I can choose to accept it or not.

    Anyone can offer you stuff under his terms, there's nothing devious about it; you don't like his terms, don't take his stuff.

    Has anyone got a spare .sig ?

    --
    Tuff that Smatters.
  105. on Fire vs GPL by wdavies · · Score: 1
    Nope, it similar to the fact that if you want the protection of free speech granted by the US constitution, you have to grant other the same right...

    Not decided on the issue, but leaning towards the LGPL.

    Winton

  106. Re:On Stallman by sydb · · Score: 1
    The point is, though, that Stallman doesn't
    care about your puny little freedom to
    restrict what people do with code you distribute,
    he cares about everyone else's freedom to
    modify and distribute it.

    In the words of Kirk and Spock, the needs of the
    many outweigh the needs of the few, or the one.

    Letting other's use your code is the price you
    pay for getting to use everyone else's. Is
    this not a fair deal?

    --
    Yours Sincerely, Michael.
  107. Re:True enough. by thulorn · · Score: 1
    I get a kick out of people who proclaim that anyone who uses GPL or believes the tenets of the GPL is somehow restricting other people's rights.

    It depends on your starting point.

    In the current world, with government-defined and -enforced intellectual property, the GPL adds to your rights. You start out with no right to copy, and are licensed the write to copy and modify and distribute, while retaining the same license. Pretty much any other license increases your freedom as well, no matter how restricted it is, because you start out with no rights to the software. A 'restrictive' license can only be deemed such in comparison with less reestrictive licenses.

    Where it gets weird is that IIRC Stallman doesn't believe in legally defined intellectual property at all. Meaning that his ideal world has nothing but public domain software. And in that world, one could take someone else's free source and sell modified binaries and keep those modifications private, just like everyone's fear about BSD or public domain code. Compared to that world, the GPL is restrictive. One could wonder if Stallman's position is coherent, but I don't feel like re-reading his essays to check for sure, so I'll leave that debate to others.

    But I suspect that a lot of people who object to the GPL agree, either consciously or unconsciously, that the world should be like that public domain world -- or like a BSD world, where authors have to be acknowledged. There you are, working on a BSD kernel, and want to copy a Linux device driver, and are foiled again by the GPL, and you imagine the Ideal World, where any information out there could be copied at will -- well, then, the GPL will seem damn restrictive. And the BSD people don't want to switch to GPL because they feel they're closer to the Ideal (and because they can't, in the case of something like the NetBSD kernel -- too many accreted licenses.)

    Of course, if I'm right, people like this really should be releasing into the public domain, and not burdening others with hauling authorship information around.

    Not having released any programs myself, I don't know what I'd do. I've imagined using public domain, to be consistent. My imagination informs me it would take some effort to buck the trend.

  108. Quality? Content? by wytcld · · Score: 1
    Moderation is about rating the quality of the post, not the content of the post.

    This is like saying, "Voting should be about rating the quality of the candidate, not the content of the candidate." As if the content - what the candidate actually intends to do - were somehow less important that 'quality' - a nice public persona. Crap, if quality can be separated from content, then as they say in our quality-impaired media, "Content is king" - or should be. It's not how you do it, it's what you do, Ohio Players to the contrary. If the content is that the poster slanders Stallman, we shouldn't vote it up for how sweetly the poster honies his tongue, or not (in this case not).

    If you want quality without content (or at least with content hidden, cover every dish with Cool Whip!

    --
    "with their freedom lost all virtue lose" - Milton
  109. Pigs? by kstantfw · · Score: 4

    Is someone trying to say something by linking to the Ontario Swine Institute (osi.org)?

  110. License Darwinism... by TheOutlawTorn · · Score: 3

    be it 23 or 2300, developers will use the license that makes the most sense to them AND lets them work with the people they want to, so I really don't see many of these licenses lasting for the long term. Watch them fade into obscurity.

    --

    He who joyfully marches in rank and file has already earned my contempt. - "Big Al" Einstein
  111. Re:On Stallman by sulli · · Score: 2
    1.No freedom is absolute. You have freedom of speech, yet cannot yell "fire" in a crowded theatre.

    Oh yes I can - if the theatre is on fire!

    --

    sulli
    RTFJ.
  112. Ever find it hard... by Tigris666 · · Score: 1

    finding out where all the links go to in these articles?

    sorry, couldnt resist... there are sooooo many links in this one, i got confused :o)

    --
    Kids, you tried your best and you failed miserably. The lesson is, never try. -- Homer J. Simpson
  113. ugh, more whining by mkcmkc · · Score: 1
    To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.

    For that matter, it's worth pointing out that the GPL actually restricts my freedom! I cannot do just anything with GPL-ed code.

    If you wrote the code, you can do anything you want with it. So your first premise is false.

    If you didn't write the code, of course you can't do whatever you want with it. Duh. (If I invited you to dinner, would you complain if you couldn't keep my plates?)

    --Mike

    --
    "Not an actor, but he plays one on TV."
  114. Call me nuts, but... by bluephone · · Score: 2

    I think RMS is just a little out of touch today anyway. He takes too much credit for himself, makes sure to put his ego first. Yeah, he's made good contributions, but it's not 1970 anymore. He's too unyeilding, and that never leads to success. I agree 23 licenses are a bit much, but you DO have to balance a company wanting to make money with open source work, and the community. I'm surprised someone hasn't lambasted id/Carmack for releasing the code to their games, and yet not making it Free. Sometimes Free is better than Open, and sometimes Open is better than Free.

    --

    --
    jX [ Make everything as simple as possible, but no simpler. - Einstein ]
  115. troll links by Segfault+11 · · Score: 5

    At the moment, the links I see for both GPL and BSD point to the /. front page. It sure seems like these Perl hackers have a hard time with HTML...

    --

    I registered my hate for Jon Katz

  116. Re:it's not "dumping" by Peter+Dyck · · Score: 1
    This is based on some sort of idealism, not capitalism

    Capitalism is idealism. It's an ideology not some law of nature. In fact, if Capitalism were a natural scientific hypothesis it would have never made into a theory, because its predictions have been proven empirically wrong over and over again.

    But back to your problem. What would you suggest, then? That free distribution of software should not be allowed if it infringes someone's "Right to Make Money"? Wake up. There's no such right.

  117. The Thing that Everyone is Forgetting by Hacker+Cracker · · Score: 1

    ... is that the sole reason that the GPL exists is that copyrights exist. Copyrights have been used as a bludgeon by companies with an opportunistic bent (MS anyone?) in order to stifle innovation, to stop public discourse, to take something from the public domain, change a few elements, and rerelease it as proprietary (MS, er, Disney?).

    It's this last thing that's the most irksome and is why a lot of people get bent out of shape when someone equates open source with free (GPL) source... If you don't think its a problem, just look at the whole Gracenote debacle for an example!

    Those who argue that "Without copyright (or IP), your precious GPL wouldn't exist!" are missing the point. If there was no copyright (or IP), there would be no need for the GPL...

    -- Shamus

    This space for rent. EZ terms!

  118. Open Source Defined by ... by anichan · · Score: 1
    What's really the point for "Open Source" software? Is my GPL'ed program any better or worse than someone's BSD or APSL program? If it is, it certainly isn't the license that makes it better. No offense to the Open Source Initiative group, but having them say your license is open source doesn't seem to be that important.

    Lets face it. People that like the BSD license think that the GPL is too restrictive. People who like the GPL think the APSL is too restrictive. Not everyone will agree that a certain license is that best and applicable to everything. It all depends on how you want your source code controlled.

    --

    karma is for the weak >)

  119. Re:anti-appl-msft license? by KevinMS · · Score: 1

    sorry, I mean OSX, I've got too many acronyms in my head.

    --
    Sneakemail is to spam filters what an ounce of prevention is to a pound of cure.
  120. Re:anti-appl-msft license? by KevinMS · · Score: 2

    First of all, I really doubt the actual quicktime engine/algorithms makes many api calls to the OS, whether its carbon/coco/whatever. If it did it probably couldnt be called "quicktime". I also am pretty sure that it existed before the carbon standard. Second of all, I was refering to killer apps, not the mountain of useful but sometimes hobby quality unix apps. Third of all, I was posing a question for a debate, I didnt want to make you angry, very sorry about that. Although you did reinforce my antagonistic argument by saying

    "oh wait, the whole catching on thing doesn't work when only 5% of all computer users can use the program." My argument was- what if opensource (for lack of better term) was more guarded with its license, would it still be such an underdog

    And thank you for finally making it clear to me that much of the intelligent debate about "stuff that matters" has been ported from /. to http://www.kuro5hin.org/

    Oh, and sorry for the maXOS think, I of course meant OSX, I've got too many acronyms to remember and I think some of them are starting to share the same storage in my brain.

    --
    Sneakemail is to spam filters what an ounce of prevention is to a pound of cure.
  121. It exists - Free World License by phr1 · · Score: 1

    See the Free World License -- denounced by RMS, even though he approves of its goals! But unfortunately it's a click-through license, which RMS prefers to avoid.

  122. Is there a licence that says this? by Mr_Silver · · Score: 3
    I'd like to release my code under a specific licence. Does any of the current ones say this?

    1. Its free, you can't charge for it, but you can charge for distribution, just so long as you don't charge for the code itself.
    2. If it all screws up, its not my fault. Blame someone else
    3. You're welcome to hack it about and redistributed it as you see fit but:
      1. You must release the code under the same licence as this
      2. You cannot release the code under the same name (as it won't be my "official" release) and I don't want to deal with people going "x v1.55 doesn't work!" when i'm only on 1.22 myself.
    4. No warranty etc. etc.

    Is there anything like that out there? I wouldn't say my licence is restrictive, just avoids some potential headaches.

    Can anyone advise?

    --

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
  123. Re:On Stallman by delcielo · · Score: 1

    Give the guy a break. He's trying to make a living. Don't any of the rest of us have real jobs? Of course we do. I've used a lot of open source/GPL'ed stuff at work that was inferior to commercial products because it was free. He's got a point. And even if you disagree with his point, it doesn't mean you have to villify him. Geez. Are we that immature?

    --
    Hot Damn! It's the Soggy Bottom Boys!
  124. All software: not just open source by KMitchell · · Score: 1
    "Clearly, there is nothing to stop every software company in the world from writing its own Open Source license."

    Just like there is nothing to stop every software company in the world from writing its own CLOSED SOURCE license--for that matter for writing different licenses PER SALE.

    The company I work for had to run a license/contract through our legal department a couple of times recently to figure just WHAT we had bought the rights to use/distribute for a certain closed source library. The funny thing was that the company that we bought it from was unclear as well, as it seems that we had negotiated (way back when) very different terms than anything that they typically do for other customers.

    Bottom line is that building systems on top of other systems can get complicated for both technical and business reasons.

    --Ken

  125. Re:On Stallman by tmark · · Score: 1
    How dare I, as a software author, attach a price tag to my work which you only have to pay if your code incorporates my own?

    This is exactly the point, though. Stallman calls his software 'free', but as you well point out, it comes with a price tag. I am not arguing whether or not it this price tag is reasonable - I agree that if you give me something, you should be able to attach any conditions you wish to it.

    But I don't think you should be calling that something 'free'. My objection is simply that because GPL'ed software comes with a price, it cannot be free. Stallman can call it what he likes, and so can you, but just because you call something a rose does not mean it is one. Just because he coined the term 'free software' does not mean it is a reasonable use of the term and does not mean it isn't extremely misleading. If I gave you software but made you post any changes you made to code you distribute on a specific website, would that software be free ? If I gave you source code and allowed you to distribute it yourself provided you paid me 10 dollars, or put advertising information in derivative source, would that software be free ?

    Maybe the FSF should be called the Conditionally Free Software Foundation instead.

  126. Variety in OSS Licenses by hillct · · Score: 2

    It's good to see some variety in OSS licenses, although there needs to be somewhat more stringent standards in defining exactly what Open Source is. I'm just waiting for there to appear on the scene, the 'Microsoft Open Source License'

    Everything microsoft sells under it's developer license is actually Open Source right? Sure... But that's OK because we all know that (in the bill gates universe) Open Source is Bad. But in all seriousness, the BSD license is more 'free' and less 'Open Source' than the GPL. It is far more conducive to centralized corporate development of a product where the company seeks to solicit the 'assistance' of the OSS comunity. One of the nice things about the GPL is that it's stringent requirements for distribution, have the effect of reducing code forking (which whas one of the big MS objections to OSS) by forcing a closer colaboration of the developmwnt comunity. Part of the beauty of the GPL is that it is as much a social contract as a legal one. It's legal provisions foster comunity growth, through it's code distribution and attribution requirements.

    --CTH

    --

    --

    --Got Lists? | Top 95 Star Wars Line
  127. Re:I am a lawyer by droolfool · · Score: 1

    So what? Just because it may violate the law it actually restricts my freedom? In fact, it just prohibits you from getting a GPL'ed code, adding some more lines of code and then closing the source, like many people would *LOVE* to do. Doesn't the guy that made the code FREE have any reason to prevent you from doing that?

    The law isn't perfect and it will never be. As a lawyer, you should know about that.
    ------------------------------------------- -----
    You think Bill Gates is evil?

  128. Re:I am a lawyer by droolfool · · Score: 1

    Because you can get other people's code, but you have to give them something back. If you patent a software, you'll be able to make everyone think your code is free, and after some time you sue everyone using your software for patent infringement.
    ------------------------------------------------
    You think Bill Gates is evil?

  129. Re:Too many choices by squiggleslash · · Score: 3
    Funny. The FSF have an evaluation of different software licences here.

    There are 34 licences listed as being free, although the FSF encourages you not to use a handful of them because of perceived flaws (such as the original BSD licence which had the "advertising clause") The licences specifically discouraged are the NPL, IPL, NOSL, LPPL, OpenLDAP, original BSD licence and derivitives like the Apache 1.0 and 1.1 licences.

    That still leaves more than 23 Free licences to choose from!
    --

    --
    You are not alone. This is not normal. None of this is normal.
  130. Re:On Stallman by The+Ego · · Score: 1
    Governments draw the line, and enforce it.

    You failed politics 101, didn't you ? :-)
    In theory, the citizens of democratic countries decide where the line is drawn. This is typically done through elected representatives (the legislature). The justice system role is to interpret those laws and determine sanctions (still according to the limits fixed by the legislature). The executive system (what most people refer to as "government") can, among other roles, ask the legislature to prepare new laws and has to provide means for the justice to do its job (by catching criminals and applying the sanctions). Thankfully governments do not get to draw the line and enforce it. This is a good recipe for a dictature. The practice may be a bit more complex obviously.

    ob. RMS: is he acting like a dictator in handling the GPL and the surrounding FSF propaganda ? I have my answer, I'll let you decide for yourself.

    BTW I love emacs (gcc a lot less). Respecting RMS coding abilities (and shortcomings) should not lead to believing his rhetoric. In the same way that I can respect ESR technical contributions despite his (insert a derogatory adjective) political positions.

  131. Yawn by samrolken · · Score: 1

    Just more stuff to argue over. This is good for bringing money into opensource though. Thanks for accepting IBM and apple. cool. blah

    --
    samrolken
  132. Has he spoken? by exit_1001 · · Score: 1

    Has the dirty hippie spoken yet?

  133. You forgot the exceptions clause by slaytanic+killer · · Score: 1

    The copyright owner can ALWAYS grant exceptions. Wanna sell a closed version? As long as you hold the license to the entire codebase, you can.

  134. Re:Yes, but do either of them handle *graphics* ? by popular · · Score: 1
  135. RMS outdated? by MSBob · · Score: 2
    eMacs the ulitmate development tool for delivering eSolutions!
    See? We can easily modernize Stallman's work. It's all in capitalization man!
    --
    Your pizza just the way you ought to have it.
  136. Ontario Swine Improvement as an Open Organization by __aaahtg7394 · · Score: 5
    In the original version of this story(hopefully fixed by now), Timothy had a link to the Ontario Swine Improvement site, instead of the Open Source Initiative's site.

    At first I thought this was just a simple acronym mix-up, but upon further analysis, I realized it was much d eeper than that. If you check out the FAQ, the OSI is commited to helping improve Ontario's pigs in an open manner. For example, they're all about sharing source material, as especially noted in their pricing strategy -- they charge you extra if you're not sharing your source material!

    In fact, they even provide some how-to in their FAQs

    Of course, this project is merely Open, since the material can never be truly Free. They would like to be Free, but apparently their product relies on IP from an external source, and they just can't get their vendor to agree to the terms of the GPL. Something about "thou shalt not lie with a beast" or some such.

    There are rumors He's open to petitions though.

  137. Re:why not just make it public domain? by ryants · · Score: 2
    Free Software with conditions isn't free under any definition of the word "free."

    I guess, by your reasoning, that since I can't yell "fire" in a crowded theatre, I don't have freedom of speech.

    Ryan T. Sammartino

    --

    Ryan T. Sammartino
    "Ancora imparo"

  138. Re:On Stallman by ryants · · Score: 2
    Some of my potential customers then come to me and try to get my software for practically no cost. Indirectly referring to or threatening with the "free software on the internet".

    That's called "competition in a free market".

    Deal with it.

    Ryan T. Sammartino

    --

    Ryan T. Sammartino
    "Ancora imparo"

  139. Re:Free & opensource software should remain synony by ryants · · Score: 2
    Well, the problem is that "open source" started to be used for things that are not free, and so became more broad in scope than "free software". That's why we need to start distinguishing between the two, since "open source" is now a superset of "free software".

    Ryan T. Sammartino

    --

    Ryan T. Sammartino
    "Ancora imparo"

  140. Re:On Stallman by ryants · · Score: 3
    I cannot do just anything with GPL-ed code. So Stallman's blathering about "free" software is a little disingenuous.
    1. No freedom is absolute. You have freedom of speech, yet cannot yell "fire" in a crowded theatre.
    2. The "restrictions" are there to promote the GPL. That's the whole point.

    Ryan T. Sammartino

    --

    Ryan T. Sammartino
    "Ancora imparo"

  141. Re:Illegal by ryants · · Score: 3
    This is not a free market.

    Where are you... 1980s Soviet Union?

    My competitors do not compete on equal terms.

    Nobody ever competes on equal terms. I'm stronger than you, therefore I'll win the bench press competition. I'm smarter than you, therefore I'm going to get higher grades on the exam.

    This is life. Not all are equal.

    They have salaries coming from elsewhere (another company, government, unemployed, studying) and can afford to dump the prices without risking their financial situation.

    Sounds like they've figured something out that you didn't. Too bad.

    It is impossible to compete with people on those terms, driving all commerical vendors out of a given market.

    Gee, that's too bad. Such is the free market: if you can't compete, you go out of business.

    I cannot see how this is a good thing,

    If you cannot see how lower prices + superior products are a good thing, then you need to brush up on some basic economics.

    Ryan T. Sammartino

    --

    Ryan T. Sammartino
    "Ancora imparo"

  142. it's not "dumping" by janpod66 · · Score: 2
    This is not a free market. My competitors do not compete on equal terms. They have salaries coming from elsewhere (another company, government, unemployed, studying) and can afford to dump the prices without risking their financial situation.

    "Dumping" is carried out by companies and countries that want to temporarily undercut prices so that they can later have a monopoly position in the market and charge more for their own products. Free software may end up taking over a market by being cheaper, but by its nature, nobody can charge monopoly prices for it--it is and remains free. Furthermore, the users of free software pay for it, directly and efficiently, in their own contributions, avoiding the overhead of commercial software development and corporations. We call that "competition", not "dumping".

    Microsoft, on the other hand, has engaged in something one might call "dumping": they have temporarily undercut competitors, swallowed the losses temporarily, and later (effectively) raised prices on their products.

    It is impossible to compete with people on those terms, driving all commerical vendors out of a given market.

    And that's the way it should be. Once the development costs of a piece of software have been amortized, it costs nothing to make an additional copy. In an efficient market, the price of software should therefore go to zero. Open source software is simply one of several means by which that happens.

    The fact that Microsoft and a few other players continue to make big bucks with old technology is an indication that either they aren't selling software (maybe they are selling services or something less tangible like membership in a "user community"), or that they are engaging in monopolistic practices.

    Then everyone has to rely on freely developed software, without support or someone interested in the "customers".

    Providing support for free software costs money, and that's why it isn't free. That's also why it is a great opportunity for consulting and for making money.

    The enemies of the free market are people like you, not free software. You have unreasonable expectations of the big bucks you can make with software development, and you expect the government to protect you from cheap competition. Well, things fortunately don't work that way. Get used to it, and maybe find a more profitable market niche.

    1. Re:it's not "dumping" by janpod66 · · Score: 2
      I still think that giving away competing products for free removes the incentives for making a business out of it. At least I have experienced that.

      If someone figures out how to sell the same product as yours cheaper (free in this case), of course your incentive should go away; that's the way the free market works. That's why people who start businesses generally try to have a diversified product line and look very seriously at issues like cost of entry.

      Thinking that you can drive a serious business on poeple's donation and good will of a few % of the population is just foolish.

      If that's your idea of how free software gets created, you are confused. Free software isn't usually created out of "good will" or from "[charitable] donations", it is usually created by real businesses to address real needs.

      For example, a lot of free software is in-house software that was created because commercial software licenses were more expensive than in-house development, or because the commercial software didn't do what the user needed. Once created, it is often economically rational for the creator of that software to share it freely (and derive benefits from community-based enhancement and support) rather than to incur the overhead of trying to build a business around it.

      Free software is already at a serious disadvantage compared to commercial software: there is little support, little documentation, and no marketing. If your product can't compete with that, I think it really doesn't deserve to be around. I mean, what value are you adding?

      On the other hand, if you can't beat them, join them: many companies are willing to pay handsomely for consulting, support, and documentation. Consider offering those services for the competing free software system, or freely distribute your own system and offer those services for it.

      This is based on some sort of idealism, not capitalism.

      The idea of free software may have been born out of idealism, but it wouldn't be succeeding in the marketplace if it wasn't economically rational for all involved.

      And not everything that is free and good succeeds; for example, I predict that both TrollTech's Qt and Apple's Darwin will fail in the end as free software projects: while they may be "free" or "open source", the projects do not seem to derive significant benefits from being released that way. In different words, if a free software license makes no economic sense, it won't help the software.

    2. Re:it's not "dumping" by janpod66 · · Score: 2
      This is why I've seen very little success in the customers who have chosen the "free software" route. It is not free, it has to be adapted to suit your needs. I, on the other hand, provide both the software and the services to go along with it, and no, I cannot survive on "support".

      Quite true: free software has costs. And your potential customers determine, rationally, whether the costs of free software are larger or smaller than the costs of your product. If your potential customers conclude that the costs associated with free software are smaller than what you charge, they will choose free software unless you lower your prices. If you can't lower your prices and stay in business, you are not an efficient participant in the market and you should go out of business. The free market does not guarantee that you get an honest wage for an honest day's worth of programming: if you produce the wrong product or if you work inefficiently, your labor is worthless. That's the way the free market works and that's how the free market eliminates inefficient players.

    3. Re:it's not "dumping" by thorman · · Score: 1
      >Once the development costs of a piece of software have been amortized, it costs nothing to make an additional copy. In an efficient market, the price of software should therefore go to zero.

      This is based on some sort of idealism, not capitalism. In my case, where I have about 1 customer per 2 or 3 million citizens in the industrialized world, I'll never reach the point where the cost is amoritized off if a majority of the copies are distributed freely.

      Thinking that you can drive a serious business on poeple's donation and good will of a few % of the population is just foolish. That is most probably stated by people who have not tried to start a company.

      >The enemies of the free market are people like you, not free software.

      You seem to think that I have M$-ish ambitions. No, I just want to have my small business, have fun and make enough money to support me and my family. I still think that giving away competing products for free removes the incentives for making a business out of it. At least I have experienced that.

  143. get a grip yourself by janpod66 · · Score: 2
    But let's be completely honest: GPL-ed software is not literally and wholly free. It is "mostly" free (yes, I can distinguish between free beer and free speech). I can't do just anything I wish with it.

    What are you complaining about? When you get GPL'ed software, you get good software, its source code, and a limited redistribution license. That's a great deal better than you get with most commercial software; Microsoft, for example, doesn't even let you redistribute their software, let alone modify its source, even though you paid them for it.

    Maybe the GPL license doesn't fit your needs. In that case, you can exercise your own choice: don't use the GPL'ed code. Nobody is forcing you. If you like, you can even create your own, proprietary implementation of a GPL'ed library, an option you generally don't have with closed source software.

  144. why not just make it public domain? by mveloso · · Score: 2

    public domain = anyone can do anything with the stuff. no ownership. no rights. no protections. no warrantees. no responsibility. no restrictions. this is what "free" means: no strings attached.

    Free Software with conditions isn't free under any definition of the word "free." Free means I can take the code and embed it into my $1.5m project, stamp my name on it and resell it, or whatever. Anything less isn't free, by definition. Amusing that the Free Software Foundation doesn't actually promote Free Software, it promotes zero-cost software.

    If you want your code to be free, stuff it into the public domain! Let it wander off into the distance, with no hope of renumeration in the future.

    Just don't call something free when it isn't.

    1. Re:why not just make it public domain? by the_2nd_coming · · Score: 1

      Free means I can take the code and embed it into my $1.5m project, stamp my name on it and resell it, or whatever

      Thats not what free means, what you have defined above is theft. the GPL requires you to keep any software that is under the licence to be keept open so the author can be recognised for his work and other people can augment it on the condition they open up the augmentation.

      go ahead, put it in your software, stamp your package with your name, just give credit where credit is due.

      --



      I am the Alpha and the Omega-3
  145. Semantics by Flying+Headless+Goku · · Score: 2

    Which perhaps explains why they call it a "license".

    In essense, a license is a waiver of prosecution. Essentially a binding statement "although what you are doing is a crime, we won't bother you about it." For example, driving a car on a public road is, by default, a criminal act, but your license makes you an exception to the rule.

    The term "license agreement" has come to mean a contract granting some license, usually to copy software. To call it simply a "license" is misleading.

    In particular, the so-called "General Public License" is a full-fledged contract (in theory... it may yet prove legally invalid), placing an eternal obligation on you to provide matching source code to any and all users to whom you distribute object code.

    In contrast, a statement like "all are permitted to redistribute this work, in original or modified form, so long as they do not remove this notice, including the copyright notice and disclaimer" is a true public license. If someone removes the notice and redistributes it, they aren't breaking a contract, but doing something prohibited by default which they don't have permission for. There are no obligations imposed upon the distributor, it is just that the permission granted him is limited.

    If the GPL was a license, it wouldn't be so restrictive. So let's not start saying licenses are restrictive by definition.

    (IANAL,IAABT)
    --

    --
  146. True enough. by Flying+Headless+Goku · · Score: 2

    People don't become maniacs simply by having ideas about property rights that differ from yours.

    ...no, only by making a lifelong crusade of it, using the term "The Great Satan" to refer to people who have ideas about property rights that differ from his, and writing terrible songs about it.

    "If programmers deserve to be rewarded for creating innovative programs, by the same token they deserve to be punished if they restrict the use of these programs."
    -RMS "The GNU Manifesto"

    BTW, I release my code into the public domain. Many programmers have been fed a lot of lies about liability and told things like "if you don't GPL it, proprietary companies can take it for themselves," without really thinking about what things like that mean. GPL is just the default by sheer publicity, no other license (much less the public domain) has a dedicated cadre of propagandists working for it.
    --

    --
  147. This isn't about law, it's about language. by Flying+Headless+Goku · · Score: 2

    Lawyers can be as bad as anyone else at using misleading abbreviations. They also write loads of unenforceable and inaccurate stuff into most contracts. Clarity, you see, is not the lawyer's friend. Their entire profession is based on the difficulty of interpreting unclear language.

    The GPL is quite clearly a licensing agreement, a contract offer (and later, a contract) that must be accepted whole, putting one who accepts it under permanent obligation, before any permission is granted. Not a license, simply giving permission in a way that precludes legal action for acting on that permission. Not a public license, simply extending such permission to every member of the public.

    A contract offer is by no means a license, and people should stop calling it one. To accept this recent near-antonymic abbreviation is to further muddy the already opaque waters of legal speech.

    But I suppose Profit is Loss, Restriction is Permission, and Obligation is Freedom in the brave GNU/world.
    --

    --
  148. Re:On Stallman by valrama · · Score: 3

    You live in a Free Country. But you are not free to steal; you are not free to shoot your boss or rape his wife.

    Freedom has to be defined in a context of "fairness". Your freedom to do as please is tolerated only so far it does not encroach on another person's freedom. Governments draw the line, and enforce it.

    The analogy to Free Software should be obvious. RMS is doing the job of drawing the line. He is my hero for it.

    I think it is /you/ who needs to get a grip of matters pertaining to GPL.

  149. "Free" is a matter of definition by stew77 · · Score: 1

    I don't think it's good that the FSF insists on having the ultimate definition of free software. IMHO, the BSD license is more "free" than the GPL: The BSD license leaves you more freedom in what to do with the source, ie you may combine it with code that underlies a different license and release it without the source. The GPL doesn't allow you to do that, and therefore is IMHO less free.

    --

  150. Illegal by thorman · · Score: 1
    Ha ha. Very funny.

    This is not a free market. My competitors do not compete on equal terms. They have salaries coming from elsewhere (another company, government, unemployed, studying) and can afford to dump the prices without risking their financial situation. It is impossible to compete with people on those terms, driving all commerical vendors out of a given market. Then everyone has to rely on freely developed software, without support or someone interested in the "customers".

    This is sabotage, and I believe that it is illegal to dump prices to eliminate competitors. That is in effect what is happening. I cannot see how this is a good thing, other than for highschool and college kids who want everything for free. :-(

    1. Re:Illegal by thorman · · Score: 1

      > ... for the purpose of fucking there competition ... That's the crux. They don't have that purpose ("just doing it for fun"), but the effect is the same.

    2. Re:Illegal by thorman · · Score: 1

      >Id advise you go into consulting, some vertical market, entertainment markets or some market that doesnt have the same dead end mechanics built into that market Custom-made drivers saves me.

    3. Re:Illegal by thorman · · Score: 1
      >Well if that freely developed software is meeting everyones needs then thats your problem, not the comsumers. If microsoft develops a copy of your product and releases it for free to get rid of the competition, that's a crime.

      If Wacky Hacker develops a copy of your product and releases it for free and drives you out of the market, that's not a crime, despite that the effect is the same.

      I don't see the logic.

      Book rental: the libraries predates capitalism by 2-3000 years or so, so there were no "book rental" business to begin with.

    4. Re:Illegal by thorman · · Score: 1
      >Don't feel bad, lot's retarded business have died lately.

      Thanks a lot.

    5. Re:Illegal by dtosti · · Score: 1

      Why whine? If a new competitor enters in your market with a product that is better than yours for some factor (price, performance, stability etc. etc.), you should change your strategy. Add to your product something that the free software developer couldn't add. Or, if you believe that this isn't a competition on equal term, look for a job and dump your prices, too :) This is the market babe. Everyone loves it.

  151. I wonder... by powerlinekid · · Score: 1

    Now that IBM has it's own license, I wonder as an IBM employee if the ideas I create as such are my own, or still belong to ibm. And if they still belong to ibm, can i just get hold of my source and re-distribute it as my own?? hmm...

    --

    can't sleep slashdot will eat me
  152. GPL not "free" by Tachys · · Score: 1

    Interesting I submitted a ask slashdot asking the difference between "Free Software" and "Open Source" and it was rejected.

    Anyway the GPL is not Free it even breaks the Free Software Definition.

    The freedom to redistribute copies so you can help your neighbor (freedom 2).

    Can I go to my neighbor and with a install cd and install linux on his computer? Well I also have to do one of the following

    I have to also have to 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.)

    So I have to make extra CD for him or copy the source on to his computer.

    Don't have a CD-RW not enough room on neighbor HD to fit source. Can't "give" software to neighbor.

    I am going through the APSL and RMS say this about it.

    any modified version "deployed" in an organization must be published.

    I can't find where in the license it says this. Even if it does so what? RMS complains about privacy, but the Free Software Definition says nothing about privacy

    On deploying execute only code the APSL says this.

    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.

    That's seems alot more free then the GPL.

  153. Too many choices by Tachys · · Score: 3

    What we have 23 choices? Oh no we all know how much the FSF hates choice

  154. Oh, hell! by gnovos · · Score: 2

    Just great... The day that I finish writing HelloWorld.java version 1.07.3, I find 23 different licenses I can publish it under... How will I ever decide?

    --
    "Your superior intellect is no match for our puny weapons!"
  155. On Stallman by reposter · · Score: 4

    I personally don't question the man's genius. I love Emacs, and anyone who can write a compiler (particularly one as good as gcc) is a hacker's hacker as far as I'm concerned.

    But there's no way I can ever tolerate his distorted vision for the future of software. To the extent that he denies a software author the right to do with his code as he pleases, the man is a maniac.

    I love free software; I love the quality of it. I deeply appreciate the time that the authors of it have invested. But the bottom line is that free code is a GIFT. It is not an obligation. It is not more ethical than proprietary software (note that this is absolutely different from the business practices of companies and individuals, which can be positively immoral). That is not where its superiority lies. The superiority is in the code.

    For that matter, it's worth pointing out that the GPL actually restricts my freedom! I cannot do just anything with GPL-ed code. So Stallman's blathering about "free" software is a little disingenuous. What he really means is that he (or the FSF) should dictate how we use software. Of course, a software author has the right to release his code (if he does so at all) under whatever terms he wishes. But let's be completely honest: GPL-ed software is not literally and wholly free. It is "mostly" free (yes, I can distinguish between free beer and free speech). I can't do just anything I wish with it.

    Stallman needs to get a grip. If he would change his focus from one of religious zealotry to one wherein he encourages developers to give gifts, he would be a lot more tolerable. As it is, he can be a royal pain.

    Nevertheless, he is a genius.

  156. Not like Apple's licence _competes_ with GPL... by decathexis · · Score: 1

    A lot of people are talking about it as if all the OSI-opproved licenses were there to replace GPL. I don't think this is their intention. Apple does not expect you to write something completely new and release it under their licence. Rather, Apple is releasing some code and they want to have some special rights to any derived work. (Specifically, the want to be able to "to use, reproduce, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution" - without the limitations of the license, which would apply to any third-parties using your modifications).