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Lutris, Close Source, And The Open Source Community

sohp writes "Back in mid-September Slashdot ran the story "Lutris Closes Enhydra Source" regarding that company's decision to retract its open source licensing terms. Now George C. Hawkins has reconstructed the pre-closed source reality and discusses it at How Lutris betrayed the Open Source Community . Short summary: blaming Sun was a smokescreen. Interesting use of web archive sites, too." There's definitely a lot of strong feelings against Lutris in the linked piece, but there's also a lot of validity as well.

7 of 186 comments (clear)

  1. Another IANAL but :) by augustz · · Score: 4, Insightful

    But I'd say in all honesty that folks can distribute InstantDB free of charge. If someone tells you something in a form that can be verified somehow, and you base decisions on that in good faith, then there it's not as easy for the company to balk out as it might like to think.

    That said, a concerted effort should be made to unsupport InstantDB. Contacting their customers directly can be usefull. I've already started with those that I could identify in a few seconds, and will be making the rounds when I get more info.

    These are companies doing business with lutris and folks may want to be cautious doing business with them if they are working with what appears to be a con artist:

    room33
    indiqu
    gravityrock.com
    paremus
    rarefire technologies
    i-engineering.com
    inet6/inetsys
    mobiltee
    eApps
    eSavio

    Lutris is also laying off employee's, sending the following email:

    I am disappointed to inform you that you will be in the group of 35 employees being laid off
    tomorrow. Sometime in the next half hour, a company executive will bring you a packet of
    information for you to read this evening. Once you have received this packet, please take
    the remainder of the day off. You must leave your computer here in your cubicle at Lutris.
    --

    Great to see someone pull together some pretty weasily threads, in the real world these folks would be scum. If someone could list the names of the folks on these threads that were in the weasel dept I'd appreciate that for future reference, you never know where they will turn up again, these scum have a nasty tendency to jump the ships they sink.

    Please rember that the above is a rather uninformed opinion based on the information I read on the net, Do your own DD before basing decisions on it of course...

  2. Doesn't this remind anyone of... by Skuto · · Score: 3, Insightful

    OpenDivX vs. DivX4

    Use the open source community to test & improve your stuff for you, and then close things down and make money with it.

    Hey, it seems to be a succesfull formula! Any more examples of stuff like this happening?

    I know of one: http://www.freechess.org

    Take GPL code, improve it a little, and then sell it off (to the USCL in this case). Doesn't matter it's a GPL violation...the author can't prove anything anyway, unless he pays $$$ lawyers.

    --
    GCP

  3. no reason to get upset by mj6798 · · Score: 5, Insightful
    If the open source development was carried out under a reasonable open source license, like BSD, GPL, or LGPL, it doesn't matter if the company wants to take further development private: the open source version continues to be open source, and any enhancements made to the open source version, through feedback or contributions, will continue to be open source.

    Furthermore, nobody can make source "closed source" if they don't own it. So, if the open source community made valuable contributions and those became a key part of this software, the company can't make it closed source. The fact that they can suggests to me that few such contributions have come in.

    Friends can betray you. But in business, and open source is part of the business world, what matters is contracts and licenses. If business partners violate contracts, you take them to court. Otherwise, if you don't like the license under which a piece of open source software is delivered or accepts contributions, don't use it and don't contribute to it. And if there is a possibility that some open source software with an otherwise OK license goes "closed source", you should keep frequent public mirrors of the open source versions so that open source development can continue when the need arises.

    There are plenty of pieces of software that are semi-open where I have said "no thanks" (I won't name names, but I have complained about them enough on /.). I suggest others pay a little more attention to licenses as well before investing their time and effort in using or enhancing other people's software.

  4. Root of the problem, Core classes still not Free by Carl · · Score: 3, Insightful
    The root of the problem is that Lutris tried to build a free software (open source) product on top of some software libraries that are not Free Software. So they had a very bad case of vendor lockin. (Or at least they could tell a plausible story that Sun didn't want them to do wathever they wanted to do with their own product.) So the moral of the story is either don't use a proprietary (closed source/source behind glass, etc) foundation for your Free application. Or help one of the projects that make free alternatives for those closed foundations.

    Please checkout GNU Classpath and GNU ClasspathX extensionsor the Gnu Compiler for Java if you are really interested in Free solutions for Java. Without those free foundations, Java programs will never be truely Free Software!

  5. (closed source == dead) by Anonymous Coward · · Score: 1, Insightful



    how many times have i seen this happen?

    (open source == alive)

    while it may not always be true, because of a lack of interest, talent, etc., the one saving grace is because it is open source, someday someone somewhere can extend the software for the benefit of everyone.

    (closed source == dead) is always the case, with so few exceptions to this rule that they are relegated into two statistical anomalies;

    namely:

    1) illegal monopolies
    2) idiot programmers

    the requirement that the monopoly and/or programmer to still be around 'a few years from now' relegates the usefulness of their code to an ever-dwindling statistic.

    when are programmers, and the people who hire them, going to realize that their programs might actually outlive the original authors?

    open source means your efforts might live forever.

    closed source means you are doomed from the start.

    if the agriculture of wheat was closed source, there would be a lot fewer people eating bread.

    programs are the wheat that feeds computers.

  6. You get what you ask for by drinkypoo · · Score: 3, Insightful

    As noted in the original story, the old version (perhaps a link to http://enhydra.enhydra.org/ would have been more appropriate) is still free. This license perpetuates itself in the code:

    3.1. Application of License.
    The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

    So they let you know that this source must remain under this license, and that any derivatives must carry it, and that they can revise the license at any time (for future versions of the code). They even said that they could do that to you, but you went and spent time and effort on it anyway.

    The only thing really keeping anyone from basically ignoring this license is the following paragraph:

    3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

    As long as you keep code compartmentalized, you only have to keep *their* code (or any code which has been submitted to them) with this license agreement.

    Anyway, what all this boils down to is that they gave all the rights you could ever ask for, but that includes their right to take it back. They could also revise the license in future versions to say "From this point on, all code is the exclusive property of Lutris, and will be closed for all of eternity, and used by us as we laugh and spit in your face." Because they reserve the right to revise the license at any time, this is what you asked for, and what you got. Oh sure, at the time they change it, you can fork the existing code under the old license, because they said you could continue to use the old one, but that doesn't change the fact that they can (and apparently will) railroad your code at a moment's notice. Your code is after all required to carry their license now that it's a part of their project, and submitted back to them.

    So while closing it might be sleazy, it's completely legal, within their rights, and you all should have expected it. Corporations don't have souls, or morality. Sometimes its members do, but it's rare that the people with morals (or at least those willing to exercise them) are the people in power.

    Put another, blunter way; If you grease yourself up and bend over, someone will f*ck you.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  7. a different take by tim_maroney · · Score: 3, Insightful

    I have a somewhat different take on this.

    It was clear to me -- as an Enhydra developer and partner on my current project -- that Lutris was seriously committed to the open source movement. I can't support the idea now circulating that its open source commitment was a bait and switch manever to get free volunteer support from the community. They walked the walk as well as talking the talk. They were firmly committed to ESR's principles in tCatB. Their business model was to give away the software and make their money on services.

    The only problem is, the tCatB principles don't work. They haven't worked for anyone. Services revenues don't scale in the nonlinear way that is required to support the extremely high costs of professional-quality software research and development. Everyone who's tried this on a larger scale than the "Dave's Software Shop" four-person consulting business has failed or is currently in the process of failing. Lutris was just one of many groups to be led down the garden path by this unworkable business model.

    They started to realize this earlier this year and were thrown into great confusion. Open source isn't just a movement, it's a religion, and it's always painful when your religion turns out to be false. For a while they thrashed. Finally grim economic necessity forced them to what is here being called their "betrayal," which was, to abandon the tCatB business model, and to return to a business model that has historically been successful for many developers. This was a visibly painful transition and they were reluctant to make it, but it was that or go into bankruptcy. (I get the feeling that some zealots here think Lutris should have just marched joyously into martyrdom!)

    Their problem was not that they abandoned open source. Their problem was that they believed in it in the first place, without setting up any rational business model, based on ESR's numbers-free hand-waving and on media buzz around the Linux bubble. Had they just worked from a conventional business model to start with, their product would have been just as good (and it is pretty darn good), even more people would have used it, and they would not have become the whipping boy for the remaining (but shrinking) core of religious believers.

    The true betrayal was in people who didn't have any understanding of, or concern for, business realities selling Lutris's founders the open source bill of goods and encouraging them to go into business in a way that was foolish and self-destructive. The true betrayal was in proselytizing for a false religion.

    Tim