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Lindows - Where's the Source?

bbh writes: "NewsForge has an article about the Free Software Foundation asking the makers of LindowsOS a simple question, 'Where's the Source?' Lindows CEO Michael Robertson has an interesting take on what the GPL means."

483 comments

  1. So I suppose... by wackysootroom · · Score: 5, Funny

    That Lindows has more in common with the Redmond OS than just a similar name?

    1. Re:So I suppose... by fmaxwell · · Score: 2

      Good comment and I'm sorry to see that you got modded "Troll."

    2. Re:So I suppose... by wackysootroom · · Score: 2

      It happens... Maybe someone was just bored. Oh well, it's *only* slashdot right? :)

    3. Re:So I suppose... by einer · · Score: 2, Informative

      The source can be found right here.

    4. Re:So I suppose... by zonker · · Score: 0

      yeah and he probably eats babies too...

  2. He's right by PhysicsGenius · · Score: 1, Troll
    I use the GPL for all my software from simple utilities to invert a construction matrix all the way up the the Perl program that I wrote that controls our linear accelerator--and I always release the source because that way everyone who has a linac can fix bugs for me.

    However, Lindows is under no obligation to release the source. They only have to do that if a) they are selling the binaries and b) someone requests it. And of course, if somebody does they have to release both the source of those binaries as well as the source of any tools that helped created those binaries. That's why it's always a good idea to use gcc and emacs for your OS projects.

    1. Re:He's right by drbyte · · Score: 2, Interesting

      Yes, the GPL is great. We should all share code, no matter how small or large we write something for.

      But I think Lindows is doing an okay thing. The moment they have a final release, go ahead, and release the source. At the moment, keep it quiet for a bit, so no one "steals" the product before it can be released (hint hint at Redmond maybe?)

      I too recommend gcc and vim (yeah, not emacs for me ;) ) for OS related projects. It just makes sense. But then again, a good IDE usually helps.

    2. Re:He's right by hymie3 · · Score: 3, Insightful

      I thought Lindows was L-GPL? And as far as the selling thing is concerned there was a recent lawsuit against a certain software company which alleged that they were selling a web browser for $0.00 in order to gain a market advantage. Even though Lindows is open source, wouldn't the same argument apply?

    3. Re:He's right by leviramsey · · Score: 5, Informative

      The thing is, Lindows is vapor, as far as I'm concerned. I'm very suspicious.

      Consider:

      • The Screen Shots: the only shots that I've seen are by Lindows.com. They could easily be doctored. Every review I've seen just uses these screenshots. How difficult is it to take your own? Maybe nobody has because of...
      • The NDA: every (paying) beta tester had to sign an NDA. If you're interested in hyping your product, wouldn't you want people talking about it before it was released? Or is it just that Lindows cannot deliver on the [in the scheme of things, minimal] hype that they've propagated? This makes them vapor.
      • The Release Date: Robertson was quoted a while back as saying that Lindows would be out in Q1 2002. Well, that's passed, and we have nothing substantive, except for a few betas.
      • Robertson Himself: Michael Robertson, as far as I can tell, is a man who's sole ability is to jump on a hyped idea, sell it to a VC, get his ass sued, and burn the company's money paying himself and legal bills. I wouldn't trust this guy to run a hot dog pushcart.
    4. Re:He's right by Anonymous Coward · · Score: 0


      They only have to do that if a) they are selling the binaries and b)

      Wrong.

      as well as the source of any tools that helped created those binaries

      Wrong again.

      Damn. Go re-read the GPL - assuming of course that you ever read it in the first place, rather than just getting your "insight" from others with equally underinformed interpretations.

    5. Re:He's right by Fluffy+the+Cat · · Score: 5, Informative

      They only have to do that if a) they are selling the binaries and b) someone requests it.

      Any distribution (other than internal distribution) requires the source to be available. And yes, it's only required that they distribute it to people who have the binaries and request it. However, the implication of his statements is that they wouldn't do so anyway.

    6. Re:He's right by gorf · · Score: 2, Insightful

      No, because Microsoft has a monopoly, and Lindows.com don't.

    7. Re:He's right by inburito · · Score: 4, Informative

      I believe that the real requirement for releasing the source code is public distribution, including sale of distribution, of binaries. And once you're in posession of a gpl'd program you can do whatever the license permits you to do with it(redistribute, modify, use, etc..)

      Once anyone is permitted to obtain access to the program it is considered public. There are no non-disclosure agreements allowed with the distribution gpl'd source or binaries. If there seem to be any restrictions they are there purely because the people holding the code or binaries choose not to redistribute them.

      You are permitted to make an internal release, such as within a company, and are not forced to release any of the changes to anyone in public. The recipients of this internal release are entitled to the source code upon request and they can also release the source if they so wish thus making it public.

      Once you are in posession of a binary release you're entitled to the source code upon request but there is one interesting aspect that involves the licensing of modified versions and is kind of a cornerstone of gpl. If you make modifications to an existing gpl program all the recipients of the original program automatically have a license for your version once it is released to the public(even if you don't have a copy yet you're entitled to it).

      Of course if someone owns the full copyright for the source code they can also relicense it with a different license. The gpl'd versions and their modifications are still considered to be public but this does not apply to the relicensed versions.

      To summarize:
      If you have the binaries you can get the source. If you don't have them, stop whining.

      There is one aspect that I don't fully understand.
      If I have a program that is gpl'd but not released to the public and it is somehow stolen from me is it legal for other people to distribute it. Gpl does grant me the right to distribute but as I understand it doesn't allow other people to claim as their birthright..

    8. Re:He's right by Anonymous Coward · · Score: 0
      They only have to do that if
      a) they are selling the binaries and

      The binaries are being sold for $99

      b) someone requests it.

      Someone has requested it.

      Glad to see that we agree that they are legally obligated to release the source IMMEDIATELY.

    9. Re:He's right by Anonymous Coward · · Score: 0

      Looks like the moderator are really humor impaired today (like all the other days)

    10. Re:He's right by EllisDees · · Score: 2

      To summarize:
      If you have the binaries you can get the source. If you don't have them, stop whining.


      Of course you can always get the source off of someone who has gotten the binaries...

      --
      -- Give me ambiguity or give me something else!
    11. Re:He's right by hsenag · · Score: 1

      If I have a program that is gpl'd but not released to the public and it is somehow stolen from me is it legal for other people to distribute it. Gpl does grant me the right to distribute but as I understand it doesn't allow other people to claim as their birthright..

      If you distribute it to someone under the GPL, you are granting them an irrevocable license to further distribute it. If you don't do this but someone steals it, then you are not distributing it so this doesn't apply. Of course, proving which of these actually happened might get tricky.

      Something similar happens sometimes when someone adds a bit of GPL-incompatible code to a GPL project, but then it's quite easy to prove what actually happened.

    12. Re:He's right by twoflower · · Score: 2
      However, Lindows is under no obligation to release the source. They only have to do that if a) they are selling the binaries and b) someone requests it.
      Sorry, you're incorrect. Read the GPL again. They have to provide source to anyone they've provided a binary to (whether money changed hands or not) who asks for it. They are not obligated to provide the source to people who obtained a binary from someone other than them. Twoflower
      --


      --
      Twoflower
    13. Re:He's right by martinflack · · Score: 2

      There is one aspect that I don't fully understand.
      If I have a program that is gpl'd but not released to the public and it is somehow stolen from me is it legal for other people to distribute it. Gpl does grant me the right to distribute but as I understand it doesn't allow other people to claim as their birthright..

      IANAL, but AFAIK, the GPL is a contract and like any contract there must be a "meeting of the minds". If someone stole code from you, then the necessary formation of a contract did not occur, and they are breaking federal copyright law whenever they give it to someone.

      Unfortunately, the ability to prove it was stolen would be important should this ever go to court.

    14. Re:He's right by SecretAsianMan · · Score: 3, Insightful
      Bzzt! Wrong. Giving stuff away to achieve business goals happens all the time and is fully legal. Microsoft's behavior is contemptable for two reasons:
      • With its monopoly market share, Microsoft has a nearly 100% safe revenue stream. It can afford to develop and then give away IE. We've seen before how well a company without monopoly power can survive with such a plan. Microsoft used its monopoly power to undercut competing browser makers, ensuring that they would never be anything more than niche players.
      • By bundling IE with Windows, Microsoft makes the giving away of IE virtually mandatory. If you get Windows, you get IE. If you get a new computer, you most likely get Windows. This is, admittedly, convenient for end users who just want a good browser, but it makes it yet more difficult for third parties to compete.
      --

      Washington, DC: It's like Hollywood for ugly people.

    15. Re:He's right by Anonymous Coward · · Score: 0

      If you distribute it to someone under the GPL, you are granting them an irrevocable license to further distribute it. If you don't do this but someone steals it, then you are not distributing it so this doesn't apply.

      So what if I leave the binaries on my ftp server, under the username "username" and password "password", and then some Anonymous Coward figures that out and posts it on slashdot? Hell, what if some Anonymous Coward steals the software and posts it on napster?

      Basically, the source distribution requirement is meaningless if you're correct about the stealing thing.

    16. Re:He's right by Anonymous Coward · · Score: 0

      IANAL, but AFAIK, the GPL is a contract and like any contract there must be a "meeting of the minds".

      According to the FSF, the GPL is a waiver of rights, not a contract.

    17. Re:He's right by um...+Lucas · · Score: 1

      And of course, if somebody does they have to release both the source of those binaries as well as the source of any tools that helped created those binaries

      Is that TRUE???? I always thought Microsoft was overreaching their bounds in some of their attacks on the GPL... Yes, i know i could just go read it myself, since it's slipped from memory, but could someone please enlighten me?

      If that's really the case, then all those posts proclaiming Microsoft an even greater satan than they are currently are basically hogwash...

    18. Re:He's right by mpe · · Score: 2

      If you distribute it to someone under the GPL, you are granting them an irrevocable license to further distribute it.

      Except that the licence can be revoked. If the person who the software is distributed to fails to comply with the terms.

    19. Re:He's right by Anonymous Coward · · Score: 0

      You don't get the right to the source if you _have_ the binaries, but if you have _acquired_ them. That is, if a transaction took place in which you were given the binaries. If you stole them or found them somewhere or downloaded them off a server not intended for the distribution of stuff, that is hardly the case. You probably cannot claim such before the law if there has not been some formal agreement or an exchange of consideration.

      Furthermore, unless you have an explicit contract for it, there is no way for you to sue for your right. Your right is not granted by the law, but is a condition under which the distributor received the source. He is breaching the contract with his provider, not the contract with you as a recipient.

      Consequently, it is only the original copyright holder that can sue for the fulfillment of the terms of the GPL.

    20. Re:He's right by jcast · · Score: 1

      If Lindows includes Linux, which is GPL, that portion of the system is GPL. In any case, both the GPL and LGPL are copyleft licenses; the GPL is just ``more copyleft''.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    21. Re:He's right by Anonymous Coward · · Score: 0

      No, its not true.

    22. Re:He's right by jcast · · Score: 1

      No, the GPL is a license. Licenses, by definition, grant permission to do things which are otherwise illegal. (Which is why licensing professionals is a bad idea, but I digress...) Of course, you are right that the license only goes into effect upon voluntary distribution.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    23. Re:He's right by jcast · · Score: 1

      Unless they release the binaries along with a written promise to provide source. In that case, re-distributors of those binaries can legally re-distribute that same promise instead of source, and the promise extends to everyone who receives it in such a way.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    24. Re:He's right by jcast · · Score: 1

      You have to distribute your build scripts, yes. The GPL contains an explicit exemption for the ``major components (compiler, kernel, and so on)'' of the target OS (Linux freaks please note this pre-dates the GNU/Linux issue, so don't flame me). The FSF interprets this as including everything distributed with the compiler.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    25. Re:He's right by sdowney · · Score: 1
      You are permitted to make an internal release, such as within a company, and are not forced to release any of the changes to anyone in public. The recipients of this internal release are entitled to the source code upon request and they can also release the source if they so wish thus making it public.
      A company does not have to distribute the source with the program to people within the company. Nor can an employee of the company steal the code and distribute it. The employee doesn't have any rights to the code. Use internally is not 'distribution' within the meaning of the GPL.
    26. Re:He's right by hymie3 · · Score: 1

      I see that now. I went back and actually read the GPL and LGPL (the short forms, admittedly). I was under the mistaken impression that the product had to be sold. Distribution is enough.

    27. Re:He's right by packeteer · · Score: 1

      wronge... microsoft used their already existing user base as a launching platform for a web browser @ $0.00... and its not they gave it away... you need to buy windows so you WERE spending money... THAT is what the suit is about

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    28. Re:He's right by Anonymous Coward · · Score: 0

      Yes, and you can get the binaries too. VIVA LA GPL!

    29. Re:He's right by DavidTC · · Score: 1
      Right, it's the company that owns the code, not the employee. In fact, the company owns the machines also. You do not own the copy of Microsoft Office installed on your work machine, and you do not own the hacked Linux kernel. Hence there was no 'distribution'.

      Of course, all this is completely moot anyway. Pretending that it was 'distribution', all you'd have to do, when some too-clever employee asked for the source code, would be to fire them, and, presto, they don't have a binary anymore and thus don't have access to the source. ;)

      Of course, you'd also have to make it against the computer policy to copy binaries off the machine. They could still grab a copy of the binary, but you could have them arrested for illegal computer access, and you probably wouldn't have to give them the source, as they would be in illegal possesion of the binary.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    30. Re:He's right by malfunct · · Score: 2

      I have never read the GPL because I don't like it, its bad enough that it FORCES derivatives to release source (but I won't go into that now).

      The interesting part of your post, if its true, is the requirement to release the source of the tools. I bet there is a fair amount (not a majority by ANY means) of software that was developed in closed source development environments and then released as GPL, this means there is a fair amount of software breaking the GPL from the get go.

      I can't believe that the GPL actually does this, but if it does its another reason that its a terrible licence. I support authors that want to release thier source because its a good thing to do. I cannot however support a licence as tyranical and draconian in its requirments as the GPL. Someone please come up with an alternative licence that encourages openness yet doesn't take the rights away from developers.

      I've always wanted a license (and if I ever write anything worth distributing I might try drafting it) that requires derivatives to release my source it its original form but does not require them to release thier modifications. This would keep my ideas open forever, but allow the other people to do what they want with thier ideas.

      --

      "You can now flame me, I am full of love,"

    31. Re:He's right by civilizedINTENSITY · · Score: 2

      They only have to do that if they are *distributing* the binaries. If distributing without sourcecode, they must make the sourcecode available to all third parties. Since they distributed their betas, we *all* have the right to the sourcecode. You, me, B. Gates, Attilla the Hun...

    32. Re:He's right by gooberguy · · Score: 1

      I've always wanted a license (and if I ever write anything worth distributing I might try drafting it) that requires derivatives to release my source it its original form but does not require them to release thier modifications.
      There is such a license: the BSD license. You can use BSD licensed code, and you only need to provide a little copyright recognition of the author. It is somewhat interesting that Microsoft has recognition of FreeBSD code in its products such as Windows 2000 and XP. Your idea of a perfect license gives companies a huge advantage compared to the open source communuty. They get code, but never give code back to the community with your model.

      D/\ Gooberguy

      --


      Karma: Meh (Mostly from meh.)
    33. Re:He's right by swv3752 · · Score: 1

      I'll bite the troll.

      If you don't like the GPL, then don't accept it. You are not required to accept it to use GPLed software. If someone is kind enough to let you see the source, but requires that you release your modifications, then how is that Draconian. Draconian is the Micorsoft Shared Source "License". We should start insiting that these things get called as what they truly are: contracts.

      --
      Just a Tuna in the Sea of Life
    34. Re:He's right by jo42 · · Score: 1

      Oh no! You have given away secrets to foreign governments - watch out! The TLAs will get you: FBI, CIA, NSA!!!

    35. Re:He's right by malfunct · · Score: 1
      I agree :) I thought thats what I said. I don't use GPL'd code in any of my projects because I am not willing to release my code under that license.

      I also agree that they should be called contracts and there should be some way to formalize the acceptance. I am also for requiring acceptance of the licence before goods are delivered.

      --

      "You can now flame me, I am full of love,"

  3. Eating Our Young by outlander78 · · Score: 5, Insightful

    These are the kinds of silly questions that give open source projects trouble. Business projects, as a rule, have a manager who is (more or less) obeyed. Linus, the closing thing to a Linux manager, obviously can't fire anyone, and the tree can be forked an infinite number of times. This is a good thing, since he can't take his toys and go home when someone finally gets under his skin.

    However, when attempting to run an open-source-based business, some semblance of order is required. If the guy says he'll release the code, give him a chance. These dirty-laundry-in-public attacks damage open-source credibility, and that is not a good thing.

    I agree that the guy is playing fast and loose with the rules, but I think we should give him a chance by waiting until he meets his deadline. Then, if he doesn't open up, a lawsuit may be in order, but otherwise, what's wrong with waiting a few months? Do we really want alpha- and beta-level projects released and visible to people who will immediately compare them to Microsoft Windows? Let's not forget that there is no such thing as a rough draft - when we see a prototype, we form lasting first impressions. cheers, Andrew

    --
    cheers,
    Andrew
    1. Re:Eating Our Young by wackysootroom · · Score: 3, Insightful

      I agree with you to a certain point, but by not releasing the source on an alpa or beta level project, they are losing most of the benefit of open source, which is the community.

      Are they forgetting that there are thousands of programmers out there willing to audit their source code for free, or are they just afraid that they will lose a few bucks by people trying to compile around their '$99 preview fee', which seems extremely steep to me.

    2. Re:Eating Our Young by jwinterboy · · Score: 5, Insightful

      That's absolutely true. If you want to run a business, you need to be able to make decisions of this sort, and control the quality of what makes it out of your shop.

      The only problem is that it sets precedent. Microsoft would like nothing more than to co-opt the GPL. Sure, the FSF would be much more aggressive if Microsoft attempted to do the same, but Microsoft could then point to Lindow's use of the GPL in this manner to do the same thing. The point is that Lindows is making $99 off every beta release.

      Admittedly, if the FSF, a private party, is lenient on enforcing the GPL, it's not the same thing as a legal precedent. However, over time, if more and more companies start using the GPL in this way, it will change the meaning of the words incorporated in the GPL. Once the meaning of those words change, it can affect other open source licenses too.

    3. Re:Eating Our Young by Quixote · · Score: 5, Insightful

      I agree that the guy is playing fast and loose with the rules, but I think we should give him a chance by waiting until he meets his deadline. Then, if he doesn't open up, a lawsuit may be in order, but otherwise, what's wrong with waiting a few months?

      Then this will become the new way to skirt GPL: grab other peoples' GPLed code; modify it somewhat to add some functionality; sell it for a year or so all the time claiming that its not "final" yet; and then release the source.
      Folks, the GPL has been around for quite a long time. These sorts of issues would not be coming up unless there's an attempt to do an end-run around the GPL.

    4. Re:Eating Our Young by Cyclops · · Score: 3, Interesting

      The GNU GPL is very strongly fit into copyright law. If you do not want to respect the GNU GPL, you loose the rights to use and/or distribute the code.

      The FSF, by publicly alerting the Lindows project, surely has done so after fruitless discussion with the project managers, and so they have the need to publicly call for respect of the GNU GPL.

      Lindows is specially based off Debian GNU/Linux, which uses almost exclusively Free Software. It has building processes that include source packages.

      That way, if the source packages for the betas are not there, then they are distributin software under copyright law violation by not respecting the source.

      This is the second beta. The FSF surely has been trying to talk privately with the Lindows project so bad publicity could be avoided towards the project.

      They choose not to respect the GNU GPL terms of distribution. They choose to either ignore or disregard attempts to privately solve this problem (NOTE: this is speculation).

      The FSF must've seen no other choice than making a public alert, as the inventors of the GNU GPL.

      There are other Free Software licenses, but The FSF has responsabilities with the GNU GPL and GNU LGPL.

      This is not eating your young. Imagine it was Microsoft snithcing to the BSA that Lindows was not respecting the software licences? They would probaly then close the project down.

      Hugs, Cyclops

      ps: silly question? definitely not.

    5. Re:Eating Our Young by evilviper · · Score: 3, Insightful

      So, how long should we let him delay? 6 months? Who knows, we might end up in a Eazel situation, with Lindows making some money, then disappearing before they relase their changes.

      The point is that he is NOT following the GPL. It says that you MUST give the source to anyone who bought the product. So, if nobody has asked, no problem. If someone asked and they were turned down, or their request is being delayed, they should be talking to a lawyer right now. Hell, I don't use the GPL for any of my code, but if I was one of you that did, I'd be worried that the GPL will loose all of it's legal status because of continual and repeated unchallenged violations.

      In all honesty, I think it's ridiculous that every time someone says two words about the GPL, it ends up on the front page, but that's an entirely different subject.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    6. Re:Eating Our Young by Fluffy+the+Cat · · Score: 5, Insightful

      what's wrong with waiting a few months?

      If they've made an alteration to a piece of software that I'd find useful now, I have to wait a few months or reimplement it myself. If they go bust between now and finally releasing the source, we may never get our hands on it.

      People who release their software under the GPL are explicitly stating that they don't want their software redistributed unless source is available. They weren't under any obligation to do that (unless they based it on already GPLed code, but they weren't under any obligation to do that, either), but they did. Perhaps they did that because they don't like the idea of commercial organisations modifying and selling their code without them being able to get at the improvements. Maybe they thought that it was important for users to be able to get the source of the software they use. Possibly they were mad. Who knows? Whatever the reason was, that code was released with an explicit statement requiring companies provide source to software they distribute based upon that code.

      Now, you may not think that that's important. The Freeness (in the GNU sense) of software may not be much of an issue to you. But that doesn't change the fact that Lindows is distributing people's software in a way that they have no intrinsic right to do, and which the authors of the software have specifically stated they do not wish to occur. Lindows didn't need to do that. They could have based their product on non-GPLed code.

      These dirty-laundry-in-public attacks damage open-source credibility, and that is not a good thing.

      One of the most important things about the GPL is that the source is available. Not complaining about companies ignoring that is significantly more damaging to open-source credibility.

      This isn't about eating our young. This is about pointing out that the reason much of this code is under this license is because we care about the implications, and companies who want to use this code should abide by the wishes of those who wrote it.

    7. Re:Eating Our Young by thing12 · · Score: 5, Insightful
      The point is that Lindows is making $99 off every beta release.

      But this begs the question... has any individual who spent the $99 asked Lindows for the source to the programs they received? I realize the FSF is asking for it, but did they purchase the product? The GPL does not require that you give away your code for free to anyone who asks for it, only to those who you distributed the binary.

      That's not to mention that we don't know which programs have been 'enhanced'. Wine? XFree86? KDE? Who's to say... they might have written completely proprietary code to do all their special Windows-esque things and they won't have to release any of it.

    8. Re:Eating Our Young by Squidgee · · Score: 0
      I too, would have to agree...mostly.

      Now, here's my problem with this: these folks are hiding the source, and preventing other ditros (RedHat, SuSe, etc) from using the pumped up version of wine so everyone in the Linux comunity can have these abilities in their favorite distro. Of course, this sounds like sound business procedure (hey, they don't want to be beaten by the other distros!), but it leaves me with a sour feeling in my gut. They are not complying with the GPL, and I get the feeling they are being a bit sneaky about it, and may end up never releasing the source (which would be a massive loss to the Linux community).

      Mind you, I may be being a bit paranoid. I may be being the stereotypical Linux aficondo. But, look at it this way: they are making $99 US off of beta software. And they say that its being beta means they don't have to release the code. So, basically, they're making lots of money (more than RedHat, SuSe, Mandrake and the rest, since they offer it for free from their sites), but they haven't yet released the 'good' version, which will include source. What if they 'decide' they never have to release the code, because it's never 'beyond beta'. But is any Linux software really ever past beta? They're all works in progress, and never truly completed...

      Call me paranoid, call me insane, but this sounds like what Linus was afraid of when he first GPLed Linux. He said in Just For Fun he was worried about some company hijacking Linux. Has it finally happened...?

    9. Re:Eating Our Young by Anonymous Coward · · Score: 0

      "Do we really want alpha- and beta-level projects released and visible..."

      Of course we want. That's open source all about.

    10. Re:Eating Our Young by Anonymous Coward · · Score: 0

      "Are they forgetting that there are thousands of programmers out there willing to audit their source code for free"

      Give me a break. Exactly how could you possibly know that?

    11. Re:Eating Our Young by damiam · · Score: 1

      Everything Eazel did was publically released under the GPL, with source available.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    12. Re:Eating Our Young by Spoing · · Score: 1
      But this begs the question... has any individual who spent the $99 asked Lindows for the source to the programs they received? I realize the FSF is asking for it, but did they purchase the product? The GPL does not require that you give away your code for free to anyone who asks for it, only to those who you distributed the binary.

      Exactly. I have yet to see anyone else mention this...

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    13. Re:Eating Our Young by BlueWonder · · Score: 5, Insightful
      what's wrong with waiting a few months?

      What do you think would happen if I copied Microsoft Windows from a friend, and when the police knocked at my door, I'd reply "Sure, I'll pay for a license in a few months. Right now, this product seems like a beta-level project to me; I'll think about complying with the license when it's more stable."

    14. Re:Eating Our Young by Anonymous Coward · · Score: 0

      "I agree that the guy is playing fast and loose with the rules, but I think we should give him a chance by waiting until he meets his deadline."

      Right. Let him do whatever he wants with the GPL. Let him ridiculize the FSF. Let him ruin the trust of the coders in Open Source.

      If we cant stop Robertson, then who can stop the rest that violates the GPL? Once he sets the precedent, no one can stop it from happening.

      Plus, he didnt even answer the question: "Where is the source?" All he did was say yadda yadda yadda, get off our backs, we did much already, Microsoft is evil, go look at Microsoft and let us do whatever we want to if you ever want Linux to be big. Thanks for the support your company has offered, but, no matter how sweet Robertson talk is, that doesnt put him above the law.

      Mr. Robertson, answer the question.

    15. Re:Eating Our Young by hacker · · Score: 1
      If the guy says he'll release the code, give him a chance. These dirty-laundry-in-public attacks damage open-source credibility, and that is not a good thing.
      Actually, you're wrong.

      The GPL does not allow for a "phased" release of source code. What if they release binaries in 2002, and it takes them 7 years to "fix up" the code, and then release the source in 2009. The GPL specifically states that you have to release the source to the binaries that you distribute. The source which was used to build those binaries must be made available upon request. If these people paid for a distribution of binaries, and were sent a cdrom of those binaries, the cost of distributing the source on another cdrom or the same cdrom is nil, and is required.

      Lindows is wrong, and are in direct violation of several sections of the GPL.

    16. Re:Eating Our Young by flaw1 · · Score: 0

      Hahaha. Yeah, and look where it got them and their dumbshit investors. The GPL works to do more than just unemploy developers.

      --
      Surprised by Unicide! (fuck this shit)
    17. Re:Eating Our Young by Clived · · Score: 1

      I agree with you here. The head honcho from the Lindows group has come out on the record and said that Lindows right now is in beta (as opposed to a full release) and source will be released as the product is released as a final version. I would give him the chance to live up to his word, before we start throwing things at him. As noted in the article, his company has contributed code to the Open Source community, so there is every reason to believe that he will live up to his word with the Lindows product

      " The source, Luke, the source"

      --
      Clive DaSilva Email: clive.dasilva@gmail.com Ubuntu 18.10 Kernel 4.18
    18. Re:Eating Our Young by afree87 · · Score: 1

      What if it actually was a beta release? Not sure if it'd make much difference, but...

    19. Re:Eating Our Young by Anonymous Coward · · Score: 0

      whats wrong with eating our young? Hamsters do it!

    20. Re:Eating Our Young by ipsuid · · Score: 2, Interesting

      ...what's wrong with waiting a few months?

      The GPL and other licenses are legal documents. Which means common sense does not always apply. By waiting a few months before doing anything, you are setting a precedent of non-enforcement. That gives other license breakers ammunition if they are ever brought to court. ("Your honor, so and so, and so and so did the same thing, and they didn't get yelled at... I thought it was ok.").

      Legal contracts, which are precisely what a license is, are not worth the paper they are written on. The real license or contract is what is actively enforced in a courtroom. The legal system is not about who is right and who is wrong, its entirely based on what combinations of words people knowingly agreed to abide by.

      Given the already shaky nature of open source licenses in the dog eat dog world of commercialism, it is a GOOD thing that groups like the FSF are "nitpicking" this issue. The only bad thing about all this is the FSF lacks the funding to police the entire open source community - which only weakens the cause.

      --
      It appears Ockham lost his razor and grew a beard.
    21. Re:Eating Our Young by sheldon · · Score: 2

      Which begs the question...

      If you have a pending lawsuit over a trademark issue, and the company which is violating the trademark goes bankrupt... does the trial still continue forward?

      Maybe the FSF will end up saving Microsoft some court costs. :)

    22. Re:Eating Our Young by TotallyUseless · · Score: 1

      im pretty sure that the FSF knows how the GPL works, and knows what they would need to do to be entitled to a copy of the source under the GPL. I think you are trusting the wrong party to know how the GPL works

      --

      Time for some tasty Shiner Bock!
    23. Re:Eating Our Young by TotallyUseless · · Score: 2

      mozilla is still in beta. maybe they should have been charging $99 all this time to try the beta, and not release any of the source code till 1.0 after all, what is the big deal about waiting 3 or 4 years for the source code to a 1.0 release, right? I hope you can see how this is a bad precedent.

      --

      Time for some tasty Shiner Bock!
    24. Re:Eating Our Young by Anonymous Coward · · Score: 0

      Heh heh! You're right.

      The previous poster should have said there are thousands of programmers out there able to audit their source code for free..."

    25. Re:Eating Our Young by Anonymous Coward · · Score: 0

      But that doesn't change the fact that Lindows is distributing people's software in a way that they have no intrinsic right to do, and which the authors of the software have specifically stated they do not wish to occur.

      Whoa now... Since when is copyright an intrinsic right? I thought it was something that was put together in order to promote science and the useful arts.

    26. Re:Eating Our Young by aozilla · · Score: 2

      What do you think would happen if I copied Microsoft Windows from a friend, and when the police knocked at my door, I'd reply "Sure, I'll pay for a license in a few months. Right now, this product seems like a beta-level project to me; I'll think about complying with the license when it's more stable."

      Slashdot would post a story about how horrible Microsoft was. And 99% of you would agree.

      Besides, copying Windows from a friend is not a criminal issue, so the police wouldn't knock on your door about it.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    27. Re:Eating Our Young by mpe · · Score: 2

      Then this will become the new way to skirt GPL: grab other peoples' GPLed code; modify it somewhat to add some functionality; sell it for a year or so all the time claiming that its not "final" yet; and then release the source.

      The problem with this business model is that it is based on copyright infringment (or if you prefer "software piracy"). Also copyright infringement is usually considered more of a serious problem if the infringer is doing this commercially, especially if they are making more money than the copyright holder.

    28. Re:Eating Our Young by cymen · · Score: 3, Interesting

      http://www.lindows.com/lindows_products.php

      Take a close look at the screenshots. Those are KDE programs with new names.

    29. Re:Eating Our Young by big.ears · · Score: 2

      The GPL requires that either (paraphrased, because I'm sick of hunting down the actual license text every time someone makes this error):

      1) You distribute the source at the same time as the software, or

      2) The software comes with a written offer to provide the source at a reasonable cost (e.g., not more than was paid for the actual software), good for 3 years or something, for ANYONE who asks.

      There are a couple little loopholes, like they can give you the offer of source distribution that someone else gave them. Together with #2, this preserves the freedom of a buyer to resell or give the software to someone else, even if they never originally exercised their right to obtain the source code.

      So, if they are redistributing koffice unchanged, redirecting you to the koffice source is probably sufficient. But when they make changes, it is not sufficient--it would really suck if their improvements to Kword didn't get rolled back in, because it could use some help. If they don't provide source that can compile to their final product, we would never know if it did.

      So, if they didn't distribute the source on the actual media, they must offer it to all comers, including actual customers, the FSF, you, or I. There is no question begging going on here.

    30. Re:Eating Our Young by maxpublic · · Score: 2

      "But if you release the software to the public in some way, the GPL requires you to make the source code available to the users, under the GPL."

      Notice that nowhere does this elaboration specify an exemption to the GPL. It doesn't say "except if it's a beta" or anything along these lines.

      If you release the binaries, you have to release the source. It doesn't matter if your software is an alpha, beta, whatever - the source must be made available. You can't delay, claim you're "not ready", or use any other excuse to get around this requirement.

      The Lindows folks are violating the GPL. It's that simple.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    31. Re:Eating Our Young by LunarOne · · Score: 1
      The GPL does not require that you give away your code for free to anyone who asks for it, only to those who you distributed the binary.

      And to any 3rd party who received the binaries, the GPL is still in effect. If I receive a GPL'd program, even if not from the original source, I have the right to ask the source for the code.

      --

      Read my sig if you like, but I'll never see yours, thanks to Discussions, Viewing, Disable sigs...
    32. Re:Eating Our Young by Anonymous Coward · · Score: 2, Insightful
      But this begs the question... has any individual who spent the $99 asked Lindows for the source to the programs they received? I realize the FSF is asking for it, but did they purchase the product? The GPL does not require that you give away your code for free to anyone who asks for it, only to those who you distributed the binary.
      No, you have it backwards. It is immaterial whether anyone who bought the product has actually asked for the source. If this product has been derived from a GPLed work, the GPL requires that it be accompanied by the source code or a written offer to provide the source code. If you don't supply the source along with the product on the same distribution media, you need to at least notify the users where they can get it. If the Lindows folks are not doing so, they have a problem.

      The FSF (and other copyright holders), not the users, are best suited to enforce the GPL in a scenario like this. Their licenses are what require the Lindows source to be made available. If those licenses are being violated, then they can certainly get involved, regardless of whether they are users of the product themselves.

      AC.

    33. Re:Eating Our Young by TekPolitik · · Score: 2
      However, when attempting to run an open-source-based business, some semblance of order is required. If the guy says he'll release the code, give him a chance. These dirty-laundry-in-public attacks damage open-source credibility, and that is not a good thing.

      This, plus almost every single thing in the LindowsOS' guy's response to the question, is irrelevant to the issue at hand. The question they have been asked is "why have you not released source code for these versions as required by the GPL".

      His only response that had the remotest bearing on this was "we'll reslease source code for a later version." But that's not what the GPL asks for - if you make a version available to others, you must make the source code for that version available to others.

      There's no ambiguity here - if they withhold source code for a version that they make available to others, they break the GPL. It doesn't matter if they've made lots of other things available with source code, or whatever other wonderful community-oriented things they have done. They've broken the GPL, period, and to comply they must now release their source code.

      Incidentally, while the GPL says "you are not required to accept this license as you have not signed it", this is incorrect. Signatures on a contract are evidential, they are not a requirement for agreement or enforceability.

      The GPL also provides for the remedy for a breach - somebody who breaches the GPL is forbidden from using or modifying the projects for which they have breached the GPL. I'm sure the last thing LindowsOS want to see is somebody taking out an injunction to forbid them from undertaking any further development, but as there are thousands of people who have undertaken development on the projects LindowsOS have used, there are thousands of parties to the contract represented by the license, any one of whom could seek an injunction to prevent their further development. They could avoid this by releasing source code for the versions affected immediately, but if they stick to their current position any one person who has contributed to GPL projects they have used could kill their entire business.

    34. Re:Eating Our Young by jmauro · · Score: 2, Informative

      2) The software comes with a written offer to provide the source at a reasonable cost (e.g., not more than was paid for the actual software), good for 3 years or something, for ANYONE who asks.

      No, you can only ask for the source if you have the accomping binaries. Anyone cannot ask for the source and get it. Most places let anyone get the sources for the programs, but they are not required to by any means.

    35. Re:Eating Our Young by jcast · · Score: 1

      Do we really want alpha- and beta-level projects released and visible to people who will immediately compare them to Microsoft Windows?

      Yes! It's called Open Source, btw.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    36. Re:Eating Our Young by DrSkwid · · Score: 2

      If the guy says he'll release the code, give him a chance.

      If it includes GPL code it's not his decision it was an agreement to which he agreed the terms at the start not negotiate them near the end.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    37. Re:Eating Our Young by Anonymous Coward · · Score: 0

      >>>But this begs the question... has any individual who spent the $99 asked Lindows for the source to the programs they received? I realize the FSF is asking for it, but did they purchase the product? The GPL does not require that you give away your code for free to anyone who asks for it, only to those who you distributed the binary.

      Someone who BOUGHT the preview package TIPPED FSF about Lindows' GPL violation.

    38. Re:Eating Our Young by big.ears · · Score: 2

      OK, I should have quoted book, chapter, and verse. And you should have done some research before sticking your foot up your mouth. Here's what section 3 of the GPL states. Focus on Section 3B:


      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
      * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      * c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)


      To paraphrase (as I stated earlier) and contrary to what you said, you must distribute the source with the executables, or offer to give ANY third party the source.

    39. Re:Eating Our Young by darkonc · · Score: 2
      I agree that the guy is playing fast and loose with the rules, but I think we should give him a chance by waiting until he meets his deadline.

      I've got no problems giving leeway to someone who appears to have accidently oopsed his way onto the wrong side of the GPL, but I'm not seeing that here.

      I'm not eager to give leeway to someone running a GPL-based for-profit business who's quoted whining that nobody's ever made money obeying the GPL. It'd feel kinda like giving your NATO code-book to a 'true patriot' with a Russian accent.

      What I'm seeing here is someone who is showing symptoms of having intended to violate the GPL from day one. They claim that the GPL is not viable for a business; They have already had to be leaned on once before they released their source to the WINE changes they made some time ago (and now they're flagging it like they were the good guys in that exchange); and the cynic in me screams that the reason why they spent maybe $50K on baubles like sponsering a free-software oriented conference is that they knew that they were gonna need that goodwill to burn when they released their product without the source code (and, besides, it gave them inside access to the top developers of the code they were about to steal).

      As far as I'm concerned, they're in violation of the GPL, and it'd be real easy for them to get back in compliance:
      tar -cvf /source/tree | ssh ftp.site 'cd ~ftp/pub; tar -xvf -'

      If the need my help to convert that snippet of code for the specifics of their site, I'd be glad to do it for the measly sum of $99US (plus airfare, expenses and accomodations).

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    40. Re:Eating Our Young by jbester1 · · Score: 1
      To paraphrase (as I stated earlier) and contrary to what you said, you must distribute the source with the executables, or offer to give ANY third party the source.

      Actually, you are only required to distribute it to any third party with the written offer. This allows the company to distribute along with their software something like a coupon which entitles the bearer to have a copy. The phrase 'any 3rd party' is used as to not preclude the resale of the software.

    41. Re:Eating Our Young by Daengbo · · Score: 1

      1> include a written offer to give any third party the software, and 2> give the software to any third party with a written offer are not the same! #1 is what the GPL says, and #2 is how you are interpreting it. Sorry. Dan

    42. Re:Eating Our Young by DA-MAN · · Score: 1

      Well I don't really know if that's the case. There are certain things. The GPL contains a clause in section 3 that reads as follows:

      If distribution of executable or object code is made by offering
      access to copy from a designated place, then offering equivalent
      access to copy the source code from the same place counts as
      distribution of the source code, even though third parties are not
      compelled to copy the source along with the object code.

      From what I can tell, and yes of coure IANAL, this let's them simply say go to www.gnu.org for GNU stuff, and www.kernel.org for the kernel. That about covers everything included. Wine is the only thing I can think of that they have made changes to, and that is NOT currently GPL. I personally would rather have a site that contains all the software I'd need, but I guess this is allowed by the GPL.

      --
      Can I get an eye poke?
      Dog House Forum
    43. Re:Eating Our Young by curunir · · Score: 2

      But this begs the question...

      Actually, it doesn't. It raises the question. Begging the question is something entirely different.

      Ok...I know I'm lame for posting something like this, but this kind of thing bugs me.
      $ mv ~curunir/karma /dev/null

      --
      "Don't blame me, I voted for Kodos!"
    44. Re:Eating Our Young by evilviper · · Score: 2

      Well, braindead, that was my point. If they had said 'No, we aren't going to release the source code until we get to version X.Y.Z, the source code would not have been released before they went under. i.e. The code would not have ever been released to the public, and GNOME would be a much better desktop. Oh, wait...

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    45. Re:Eating Our Young by Anonymous Coward · · Score: 0
      From the Business Software Alliance website:

      Typically, after an initial investigation of the lead, the BSA contacts the organization reported, although in some cases it pursues a software raid.

      There have been stories on Slashdot and elsewhere detailing raids on companies where law enforcement agencies have, at the request of the BSA, shutdown companies for days while hard drives are searched, and often trashed.

      Here is an article with a litle bit of background.

      An individual's use of unlicensed software is no different than the same use at a place of business - indeed many of these cases are not the result of systemic business practices, but rather a single rogue employee. The reason the BSA chooses companies is due mainly to the deep pockets issue.

    46. Re:Eating Our Young by thing12 · · Score: 1

      Hah - you're absolutely right it does 'raise' not 'beg' the question. Thanks for correcting me :-)

    47. Re:Eating Our Young by Balp · · Score: 1

      Acually only the source to the gpl, and lgpled parts of the binaries has to be released. That may leave a unsuable system. Or at least a less usable system.

  4. Let Lindows do what they want by _Ash_ · · Score: 0, Insightful

    This is exactly what I dislike about the Linux community: the constant whining when something doesn't go "the way it should". When Lindows doesn't want to release the source until they ship the definite version, let them. If they don't want to release the beta version under the GPL let them! This was a beta version! What are we complaining about? What is wrong with not releasing the source right away?

    When the definite version is released and then the source doesn't get released, only then you have a (maybe minor, because it's a company's own decision to use the GPL or not) reason to complain. For now, let Lindows work and maybe they get something great done.

    1. Re:Let Lindows do what they want by Anonymous Coward · · Score: 1

      It's not that simple...

      using GPL'd software mean you have to comply with the GPL. It's not up to lindows to bend the license a bit because it's easier...

      If you don't want to comply with GPL then don't use GPL'd software.

    2. Re:Let Lindows do what they want by Quixote · · Score: 4, Insightful

      When Lindows doesn't want to release the source until they ship the definite version, let them. If they don't want to release the beta version under the GPL let them! This was a beta version! What are we complaining about? What is wrong with not releasing the source right away?

      But what if there is never a final release? They are selling access to this "beta" version ($99); if someone pays for this version, then under GPL they are entitled to get the source. Remember, the GPL does not say "the source code can be released when convenient".

    3. Re:Let Lindows do what they want by Phosphor3k · · Score: 2, Insightful

      Kinda funny how the same people who ignore Microsoft EULAs turn around and whine like little girls when they think the GPL is being "stretched" or even slightly mis-interpreted.

      Just a thought.....

    4. Re:Let Lindows do what they want by aozilla · · Score: 1

      But what if there is never a final release?

      And what if the co-founder takes a gun and starts shooting people?

      Answer: we'll burn that bridge when we get to it.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    5. Re:Let Lindows do what they want by khuber · · Score: 1
      What is wrong with not releasing the source right away?

      It obviously violates the spirit of the GPL, if not the letter. Have you never read a word Stallman has written? And if they're using other GPL software, it's illegal.

      Companies are free to fuck people over using a non-GPL license. When you use the GPL, I think you have a moral obligation to not fuck people over. If a country claims to be a democracy, but all the elections are rigged, it is not, in fact, a democracy and they are immorally fucking people over.

      Deciding not to release the source is fucking people over. Trying to justify fucking people over because they did "good" doesn't excuse it any more than a rape can be excused because someone donated money to a charity.

      -Kevin

    6. Re:Let Lindows do what they want by fferreres · · Score: 2

      You CAN'T do that without compromising GPL. If you want just that, you could use a license like the Xfree license. But Lindows can't because they use Linux.

      If you allow this to pass, then ANY GPL code could turn into an XFree license where's companies are NOT required to release binary + source code versions. The only way arround this would be (in my opinion, and i happens that IANAL) to pay this beta testers for testing the product ($1 would be ok) and treat them like hired personel. The very second you give it away to a non-team, non-hired "personel", you HAVE to release the code.

      What do you GPL experts think?

      --
      unfinished: (adj.)
    7. Re:Let Lindows do what they want by gilroy · · Score: 2
      Blockquoth the poster:


      But what if there is never a final release?

      ...Answer: we'll burn that bridge when we get to it.


      Um, exactly when does one "get to" never? How long do you wait until you conclude they aren't releasing beta code ever? Will it be releaed only at the end of its useful life? It's the same problem with the Sony Bono Copyright Act: Infinite and unlimited extensions make a mockery of any concept of "limited times" or of "eventually".
    8. Re:Let Lindows do what they want by Fluffy+the+Cat · · Score: 3, Insightful

      The GPL gives you rights that you would not otherwise have under copyright law. The Microsoft EULA restricts your rights beyond what you would otherwise have under copyright law. Comparing the two as if they're morally equivalent is misleading.

    9. Re:Let Lindows do what they want by aozilla · · Score: 2

      How long do you wait until you conclude they aren't releasing beta code ever?

      You use common sense. It's what separates us from computer programs, you know.

      It's the same problem with the Sony Bono Copyright Act: Infinite and unlimited extensions make a mockery of any concept of "limited times" or of "eventually".

      Good. You just argued my point. You can't look at the letter of the law ("limited times"). You have to look at the spirit of it. In this case, if they're going to release the source code in a relatively short period of time, they've complied with the spirit of the GPL, if not the letter of it.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    10. Re:Let Lindows do what they want by stg · · Score: 2

      Wow! That would be great.

      Then everybody could get GPL code, do just as ICQ did (every version has been a beta, for years! Well, at least they are not lying - it is so buggy it deserves the title of beta), and never release code...

    11. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0
      What is wrong with not releasing the source right away?

      It's illegal.

    12. Re:Let Lindows do what they want by garvon · · Score: 1

      They have released binaries NOW.
      So by the GPL they have to release the source NOW not when they feel like it.
      They did not mind using all of that cool free code to build there disto.
      So they need to follow the rules that the code they are using is published
      under. They used OUR code (yes I have contributed a few small patches and stuff)
      So now they have to "pay for the use" and the form of payment that all GPL
      programmers have required is the release of the source of any changes.
      As soon as you release binaries not when you get around to it.

    13. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0

      We're at that bridge.

      They're selling GPL'd software for $99. No source.

      Looking at the way they're renaming KWord etc as if they were something different, and therefore not giving creedit where due, it's IMO obvious these are complete sleazeballs.

    14. Re:Let Lindows do what they want by gilroy · · Score: 2
      Blockquoth the poster:

      You can't look at the letter of the law ("limited times"). You have to look at the spirit of it.

      All we have is the letter of the law. The "spirit of the law", such as it has any thrust, is decided by the courts. You can't let a potential offender, or for that matter, a potential victim, be the sole arbiter of what the law means. In a system of law, under the rule of law, it is quite important that we conform to the letter of the law ... that is what we all share.


      If Lindows feels this "law" is invalid, then they can follow their conscience and not obey it. But they sure as hell have no moral right to whine when someone calls them on it, or attempts to have the law enforced.

    15. Re:Let Lindows do what they want by linux_warp · · Score: 1

      Maybe you are missing something. It is ILLEGAL for them not to give the source code if someone who bought the beta requests it. They are breaking the law. When I create a GPL program it insures that anyone who comes across it will also have access to the source. Lindows is violating this.

    16. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0

      The difference is at what point the license applies.

    17. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0

      > We're at that bridge.

      And they are trying to sell it to us, at a 99$ price tag...

    18. Re:Let Lindows do what they want by aozilla · · Score: 2

      You can't let a potential offender, or for that matter, a potential victim, be the sole arbiter of what the law means.

      Well, this is contract law, so you can and do allow the "victim" to override the law when its enforcement would be ridiculous. Also, it is up to the offender to determine whether or not the benefit from breaking the letter of the contract is worth the risk.

      If Lindows feels this "law" is invalid, then they can follow their conscience and not obey it. But they sure as hell have no moral right to whine when someone calls them on it, or attempts to have the law enforced.

      Well, I disagree. If I get fined for going 56 in a 55 mph zone, I sure as hell am going to whine and complain. Yes, the cop has a legal right to pull me over for speeding, but it's an unreasonable thing to do. And telling me "but what if you were going 80 miles per hour and there was a snowstorm and children playing" doesn't help the cops case any. Lindows claims they are going to release the source code shortly. If they don't, then we can argue the morality of that, but for now I don't think it makes sense to play the "what if" game.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    19. Re:Let Lindows do what they want by t_hunger · · Score: 1

      [...] if they want to steal some cars along the way, let them!

      When the definite version is released and the cars don't get returned then, only then you have a (maybe minor, because it's the company's own decision to follow the law or not) reason to complain. [...]

      s/cars/source code/

      Wake up! Not releasing software linked against GPLed code is illeagal just as it's illegal to steal cars.

      --
      Regards, Tobias
    20. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0

      The big difference being that the MS EULAs take away some of your rights, while the GPL gives you rights. You can ignore the GPL completely, but then you have no rights to alter or distribute the code, either in binary or source code form!

      You can't just accept the parts of the license you like and ignore the rest.

    21. Re:Let Lindows do what they want by EllisDees · · Score: 2

      Well, this is contract law, so you can and do allow the "victim" to override the law when its enforcement would be ridiculous. Also, it is up to the offender to determine whether or not the benefit from breaking the letter of the contract is worth the risk.

      No, this is copyright law, and Lindows has no right to distribute any of the code at all unless they agree to the terms of the GPL. It doesn't matter if they are calling it 'beta' or 'snozzberry', they still have to give the code to anyone who got a binary and asks for the code.

      --
      -- Give me ambiguity or give me something else!
    22. Re:Let Lindows do what they want by shepd · · Score: 2

      >Well, I disagree. If I get fined for going 56 in a 55 mph zone, I sure as hell am going to whine and complain.

      Go ahead. The moment you admit you did 56 in the 55 zone without a reasonable excuse to the judge (and "its just 1 mile over -- how unreasonable to pull me over" is simply not good enough, "I had to go to the washroom" holds more weight) you've broken the law and will be penalized for it. The cop wouldn't even need to show up in court if you contested the ticket like that.

      Now, I don't agree with that completely, but that's something you need to deal with at the election level, not the personal level.

      Same with Lindows. If they want a modified GPL that allows them to hold back the source until full-release they need to contact either the FSF or the owners of the copyright and petition them. They have no right whatsoever to take this into their own hands and are (IMHO) performing copyright violation the very moment someone requests the binaries (which was probably yesterday). In America, as we've seen in the past, copyright is not something to be trifled with.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    23. Re:Let Lindows do what they want by aozilla · · Score: 2

      No, this is copyright law, and Lindows has no right to distribute any of the code at all unless they agree to the terms of the GPL.

      And they have agreed to the GPL. So it's contract law.

      It doesn't matter if they are calling it 'beta' or 'snozzberry', they still have to give the code to anyone who got a binary and asks for the code.

      And I still have to pay a fine when I go 56 miles per hour in a 55 mile per hour zone. Doesn't mean the cop that pulls me over for it isn't a dickhead.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    24. Re:Let Lindows do what they want by aozilla · · Score: 2

      Go ahead. The moment you admit you did 56 in the 55 zone without a reasonable excuse to the judge (and "its just 1 mile over -- how unreasonable to pull me over" is simply not good enough, "I had to go to the washroom" holds more weight) you've broken the law and will be penalized for it.

      I'm not arguing that. The original statement (not made by me, but I agree with it) was this:

      When Lindows doesn't want to release the source until they ship the definite version, let them. If they don't want to release the beta version under the GPL let them! This was a beta version! What are we complaining about? What is wrong with not releasing the source right away?

      The first part of the statement was "let them". I believe it was directed at the copyright holders. It's not a big deal. The lindows people are doing a positive thing for linux. If they delay the release of source for a few months, big deal.

      The last part was "What is wrong". I believe this meant morally, what is wrong, not legally. Again, I agree. There is no moral responsibility for developers to give source code when they distribute software.

      Besides that, the GPL says nothing about how quickly the source must be given. So it just might be legal as well as moral.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    25. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0

      It's a license guys! A license! There are no moral questions in either the GPL or Microsoft EULAs. The EULA or GPL doesn't tell you to go kill your babies, or shoot the guy down the street.

      Why do people put ethical and moral questions onto something as a-moral as a license. It's just a business tool and the buyer can decide whether they want to give up certain rights on how they use a piece of software.

    26. Re:Let Lindows do what they want by foomp · · Score: 1

      Yes, this handwringing over interpretation of the GPL reads like internal correspondence between Microsoft and their legal department.

      The earlier comments from the gentleman lamenting, "Give him a chance...let's not eat our young" could very well be a conversation between Microsoft and its PR department.

      Reports elsewhere in this thread about rampant violation of the GPL by employers seeking to lift GPL'd code for their own financial gain sounds just like Microsoft talking to the BSA.

      If the GPL can be freely violated, it is useless. Now that we know people are violating the GPL, it will be interesting to see someone try to enforce it -- and to watch them get tagged for strongarming.

      The enforcer should make sure they apply enforcement equally or they will be accused of being a "bully" and exposed to more lawsuits. Ah, yes, FSF, wait until the lawsuits begin against you.

      Reading /. is becoming more and more like a working at a Fisher-Price version of Microsoft.

    27. Re:Let Lindows do what they want by roybadami · · Score: 1

      This is exactly what I dislike about the Linux community: the constant whining when something doesn't go "the way it should". When Lindows doesn't want to release the source until they ship the definite version, let them


      I don't understand your point.

      If someone got hold of Microsoft's source code, and used it in their product without Microsoft's permission, I'm sure Microsoft would 'whine' (as you put it) -- beta or no beta. Why should the open source community not be able to expect the same protection for their intellectual property rights?
    28. Re:Let Lindows do what they want by shepd · · Score: 1

      >Besides that, the GPL says nothing about how quickly the source must be given.

      Oh, but it does!

      Here's the section called into question:

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

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

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

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

      Since they have given no written offer (or at least that interview mentions none, and with the attitude of Lindows, I expect there wasn't one), and they are a commercial distributor, section A applies directly to them.

      Section A says that the code should have accompanied the binary. This implies immediate receipt of the code upon receipt of the binary. It seems the beta testers did not immediately receive it, and Lindows are delaying their release of the code. They have violated the license, clear and simple.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    29. Re:Let Lindows do what they want by gilroy · · Score: 2
      Blockquoth the poster:

      Besides that, the GPL says nothing about how quickly the source must be given. So it just might be legal as well as moral.


      From the text of the GPL:

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

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)


      From Merriam-Webster:

      accompany:
      to go with as an associate or companion


      So, no, they actually must make it available immediately. And note we are not talking about, "We're really busy so we can't put it online this weekend." They're taking a "principled" stand that the GPL can be ignored for beta.
    30. Re:Let Lindows do what they want by aozilla · · Score: 1

      Since they have given no written offer (or at least that interview mentions none, and with the attitude of Lindows, I expect there wasn't one), and they are a commercial distributor, section A applies directly to them.

      Commercial distributors may use section B, but you're correct, they have to have given a written offer at the time of distribution, which apparently - apparently - they haven't. So, my fault on that one, you are correct that they apparently violated the license. Of course, that doesn't change the fact that the FSF is being excessively anal and stupid.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    31. Re:Let Lindows do what they want by maxpublic · · Score: 2

      The GPL is copyright right. There is no question about this whatsoever; it's indisputable in court.

      EULAs are not copyright. They are not contracts, nor are the terms and conditions of EULAs applicable under *any* interpretation of contract law. The only attempt to enforce a EULA in the U.S. ended with a court striking it down as failing to meet the provisions of contract law.

      So yes, the GPL is part of established law. EULAs most definitely are not. There's a difference here, for anyone with the brain cells to make the distinction.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    32. Re:Let Lindows do what they want by mpe · · Score: 2

      The first part of the statement was "let them". I believe it was directed at the copyright holders. It's not a big deal.

      IIRC copyright law grants copyright holders the right to decide if this is a "big deal" or not.

    33. Re:Let Lindows do what they want by mpe · · Score: 2

      The only way arround this would be (in my opinion, and i happens that IANAL) to pay this beta testers for testing the product ($1 would be ok) and treat them like hired personel.

      The only other way would be to have this $99 be to buy stock/shares in the company. Which again could be argued to change the action from distribution to a third party to an internal transfer between different parts of the same "corporate person".

    34. Re:Let Lindows do what they want by i_am_nitrogen · · Score: 2

      Morons maybe, sleazeballs, perhaps, but selling? No. Lindows.com has, as of yet, not sold a single piece of software to anyone. The Insider program is a subscription type thing, where one of the services is access to internal software releases. The GPL allows internal releases. But hey, this is what happens when you hire a whole team of former MFC developers who've never read the GPL, and nobody with actual Linux experience.
      I strongly dislike the renaming stuff; but, if you look in the "Specs" page, you'll see "Derivative of: kinkatta" or whatever, as well as a link to source code.
      Finally, http://www.net2.com/lindows/source/. Source is already there.

    35. Re:Let Lindows do what they want by aozilla · · Score: 1

      IIRC copyright law grants copyright holders the right to decide if this is a "big deal" or not.

      So? I'm not arguing legality, I'm arguing principle. Yes, legally, RMS can be a dick. But that doesn't mean he should, or even that it's in his best interests to.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    36. Re:Let Lindows do what they want by mpe · · Score: 2

      Kinda funny how the same people who ignore Microsoft EULAs turn around and whine like little girls when they think the GPL is being "stretched" or even slightly mis-interpreted.

      An EULA is a different kind of entity from the GPL.
      The GPL is a copyright licence, no different conceptually from an agreement between an author and a publisher to publish a book.
      An EULA attempts to cover how you can use a program. Whereas the GPL applies to distributing a program. IIRC it explicitally states that using programs is outside its scope.

    37. Re:Let Lindows do what they want by Anonymous Coward · · Score: 0

      The GPL is a license, not a contract.

  5. What's the big deal? by aozilla · · Score: 2, Troll

    Really, sometimes the FSF can be as bad as the BSA...

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    1. Re:What's the big deal? by psxndc · · Score: 2
      Leave the Boy Scouts of America out of this! ;-)

      psxndc

      --

      The emacs religion: to be saved, control excess.

    2. Re:What's the big deal? by BlueFall · · Score: 1

      The FSF and the BSA are both enforcing licenses, true, but their motives are different. The BSA is fighting for the rights and profits of companies, while the FSF is fighting for your rights. Would you rather use software where there's a large organization fighting for your rights or fighting to take them away? I'll take the FSF, thank you.

    3. Re:What's the big deal? by aozilla · · Score: 2

      while the FSF is fighting for your rights

      Nonsense. I don't have the right to look at other people's source code.

      Would you rather use software where there's a large organization fighting for your rights or fighting to take them away?

      My rights are mine, and there's nothing the FSF can do about them. The FSF fights for the rights of the copyright holders of the GPLed software to force their viewpoints upon others.

      I don't think that the writers of software should be forced to release their source code. I certainly don't think that people have a right to force them to do so.

      I'll take the FSF, thank you.

      The lesser of two evils is still an evil.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    4. Re:What's the big deal? by Anonymous Coward · · Score: 0
      Nonsense. I don't have the right to look at other people's source code.

      Sure you do, if that code is under GPL

      My rights are mine, and there's nothing the FSF can do about them. The FSF fights for the rights of the copyright holders of the GPLed software to force their viewpoints upon others.

      Nonsense, no one is forcing you to use GPL:d source code, but the FSF is trying to make sure you have that freedom

      I don't think that the writers of software should be forced to release their source code. I certainly don't think that people have a right to force them to do so.

      Of course not, and you are free to do what you like with your own code. You do not however have to right to take my (GPL:d) code and do what you like with that without complying with the GPL.

    5. Re:What's the big deal? by aozilla · · Score: 2

      Nonsense. I don't have the right to look at other people's source code.

      Sure you do, if that code is under GPL

      That's not a right. It's a privilidge given to me by the owner of that source code.

      Nonsense, no one is forcing you to use GPL:d source code, but the FSF is trying to make sure you have that freedom

      The FSF is forcing me to use GPLed source code if I create a derivitive work based on other GPLed source code. And while the FSF does try to give the end user freedom (to copy, to distribute, and to create derivitive works), it also tries to takes away freedom (to distribute binaries without distributing source code). Forcing one person to show something to another person does not increase freedom, it decreases it.

      Of course not, and you are free to do what you like with your own code.

      Nope, not true. I can't link my code with GPLed code and distribute it in binary only form.

      You do not however have to right to take my (GPL:d) code and do what you like with that without complying with the GPL.

      And that's what I'm complaining about.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    6. Re:What's the big deal? by dvdeug · · Score: 2

      The FSF is forcing me to use GPLed source code if I create a derivitive work based on other GPLed source code

      So the FSF is forcing you to use GPLed source code if you use GPLed source code. How can they force you to do something you're already doing.

      You do not however have to right to take my (GPL:d) code and do what you like with that without complying with the GPL.

      And that's what I'm complaining about.

      So someone is giving you something for free, and you're whining that you can't use it in any way you want? If you don't like the terms, don't accept them. Nobody is forcing you to use the code; they generously give you an option you can accept or reject, at your will.

      Basically, you're saying that it's your right to take our work, and do whatever with you want. Are you willing to do that with your work? "We'll give you your paycheck when we release."?

    7. Re:What's the big deal? by aozilla · · Score: 2

      So the FSF is forcing you to use GPLed source code if you use GPLed source code. How can they force you to do something you're already doing.

      I think I might have been unclear. The FSF is forcing me to GPL my code - if I use GPLed source code as the basis for it.

      So someone is giving you something for free, and you're whining that you can't use it in any way you want?

      No, someone is taking something from me - my right to prepare and distribute derivitive works.

      Basically, you're saying that it's your right to take our work, and do whatever with you want.

      Yep.

      Are you willing to do that with your work?

      Yep.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    8. Re:What's the big deal? by maxpublic · · Score: 2

      Then don't use GPL'd code in your works. If I GPL *my* code, I'm specifically telling *you* - yes, you - that you have no right whatsoever to use my code unless you comply with my rules.

      Thems the breaks. That's copyright. If you don't like it write your own fucking code and don't touch mine at all. But you have no right to whine about whatever restrictions I put on my copyright. It's my code and I make the rules - not you.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    9. Re:What's the big deal? by aozilla · · Score: 1

      Then don't use GPL'd code in your works. If I GPL *my* code, I'm specifically telling *you* - yes, you - that you have no right whatsoever to use my code unless you comply with my rules.

      And I could use the same argument right back. If you want source code, then don't download Lindows.

      Thems the breaks. That's copyright. If you don't like it write your own fucking code and don't touch mine at all.

      How 'bout this instead: I do whatever the hell I want with your code, and you have no fucking clue that I did it.

      But you have no right to whine about whatever restrictions I put on my copyright.

      Sure I do, it's called the right to free speech.

      It's my code and I make the rules - not you.

      It's my computer and I make the rules - not you.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    10. Re:What's the big deal? by Anonymous Coward · · Score: 0

      You, sir, are an asshole and a moron.

      Please fuck off.

    11. Re:What's the big deal? by juhaz · · Score: 1


      Sure I do, it's called the right to free speech.

      Sure you do, it's called the right to steal.

      It's my computer and I make the rules - not you.

      It's my code, and I make the rules - for example come and smash your computer - sure there cannot be anything bad in that, because anything like property, be it intellectual or material, doesn't exist, it's just illusion congress made to take out our rights. So it's not YOUR computer, there is no such word as YOUR. Of course, without those rules, there would not be anything like computer, and you would still be killing yourselves with sticks - nothing bad in that, though, maybe enough would kill eachother that you'd cease to exist altogether.

      Would be nice to see such an anachist civilization of trolls, from damn afar of course, nasty critters, those.

    12. Re:What's the big deal? by maxpublic · · Score: 1

      And I could use the same argument right back. If you want source code, then don't download Lindows.

      If the Lindows folks want to use GPL'd code, they have to abide by the GPL. If they don't want to abide by the GPL, they need to write their own code.

      How 'bout this instead: I do whatever the hell I want with your code, and you have no fucking clue that I did it.

      Sure, you could do that so long as you weren't caught. You'd be in copyright violation, and a lazy shit-for-brains scumbag ripping off my code, but apparently ethical considerations don't bother you.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    13. Re:What's the big deal? by aozilla · · Score: 1

      If the Lindows folks want to use GPL'd code, they have to abide by the GPL. If they don't want to abide by the GPL, they need to write their own code.

      That's just your twisted vision of the way things work. Although I'm sure it's your twisted hypocritical vision, and that you've broken copyright law before and will continue to in the future. Copyright infringement is so wide spread because it's an unjust law.

      Sure, you could do that so long as you weren't caught. You'd be in copyright violation, and a lazy shit-for-brains scumbag ripping off my code, but apparently ethical considerations don't bother you.

      It's not wrong to break unjust laws unless you get caught.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    14. Re:What's the big deal? by phliar · · Score: 2
      aozilla writes:
      My rights are mine, and there's nothing the FSF can do about them. The FSF fights for the rights of the copyright holders of the GPLed software to force their viewpoints upon others.

      I don't think that the writers of software should be forced to release their source code. I certainly don't think that people have a right to force them to do so.

      You, sir (or madam):
      1. are an idiot
      2. have never written any code

      I write code. Code under the GPL. The GPL allows me to decide how my code may be used. It allows me to say, "I believe no one should be deprived of the right to look at my code. You can only benefit from my code -- say, by using it in your project -- if your customers have the same rights that I'm giving you."

      Don't like the restrictions I put on my code? Fine -- don't use my code.

      Nobody is being forced to do anything (or have any viewpoints forced upon them) because I chose to release my code under the GPL. Micros**t will put much greater restrictions on you if you want to use their code, but do you hear idiots like the author of that comment bitch and moan about Micros**t?

      --
      Unlimited growth == Cancer.
    15. Re:What's the big deal? by Balp · · Score: 1

      You probably too are an 1) Idiot, or 2) a greather ashole. This isn't a pissing contest. Keep in mind the orignal author of the comment has absolutly right. FSF fight for there rights, actually THE rights OF the probrammers that have written GPL'ed software. No one less no one more, as it comes to freedom they have no special rights to that word. Actually I shure think what they talk about is a restricted freedom, shurly more restricted that bsd-copyrighted software.

    16. Re:What's the big deal? by aozilla · · Score: 2

      The GPL allows me to decide how my code may be used.

      Nope, copyright law does that.

      Nobody is being forced to do anything (or have any viewpoints forced upon them) because I chose to release my code under the GPL.

      Right, but that's because RMS hasn't gotten his way. If RMS got his way, all authors would be forced to release the source code to all software they write.

      I've written code. I've gotten paid for it. I never, not once, had to sue anyone over it, or even threaten to. How does that make me an idiot?

      Don't like the restrictions I put on my code? Fine -- don't use my code.

      Since that's the way the law happens to work, I won't (unless I think I can do it without getting caught). But don't give me some nonsense about how the FSF is fighting for my rights. That's bullshit.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  6. Lindows is not making a good impression by restive · · Score: 1

    Open Source and GPL software advocates are very leery of anything that hints of not properly observing the software license. Lindows is a new player in this field, and they need to watch their step here, so they don't piss off possible advocates. JMHO
    Robertson is not Stallman or even a highly recognized executive. I think he's treading on thin ice.

    1. Re:Lindows is not making a good impression by leviramsey · · Score: 1

      ROTFLMAO!

      Lindows doesn't give a shit about the Linux community. Period.

      The Linux community won't use Lindows or Lycoris. They're being targeted towards stupid users who think Windows is too expensive and stupid executives who feel the same way.

      At least Lycoris plays by the rules...

    2. Re:Lindows is not making a good impression by Daengbo · · Score: 1

      And Lycoris, at this point, has a working product -- another difference. Joseph Creek has done a LOT of work, and I have watched his project since the first month he put his web-page up, though never used it. I even tried to submit a story to slashdot about 10 months ago to plug his editorial about using an Inductive User Interface (the same thing that everyone is now saying "so easy to find the program I want" about). He has busted his ass and complied with the GPL every step of the way. There's no comparison between these two companies.

  7. More GPL theft than you'd think by Anonymous Coward · · Score: 5, Interesting

    I have the feeling that there's quite a lot of GPL'd code out there being used in products without source being provided. I recently found that my employer (who are large and well-known, and I shall say no more than that) are selling such a product without offering source for download. (I'm posting anonymously cos I want to try to persuade management to talk to the FSF about fixing this. If they refuse, I'm going to have an interesting ethical choice before me...) This product has been on the market for a few years now, and it's not hard to discern the signs of GPL if you're familiar with Free software in general; it just seems that no Slashdotters use it... which seems unlikely.. or, that no-one's been bothered to look for the source, or if they have, that they just shrugged and thought "not my problem." (Incidentally, any suggestions about what I should do if management refuse to publish the source? I don't want to leave except as a last resort... )

    1. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      Hello employee from Stalker Software.

    2. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      Heh, I always wondered that about Communigate. Time to do some library tracing and comparing.

    3. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      Well, you don't have to accept GPL, but then you are violating the law about distribution of copyrighted software. In this case the US government should take action on your behalf.

    4. Re:More GPL theft than you'd think by arcus · · Score: 1

      I guess you could always just tip the FSF off quietly. If it's as obvious as you say, all it would take would be to point them towards the download site or whatever.

      I suppose if you're already making noises about GPL compliance, you'll be the first under suspicion if the FSF indicates that they've been tipped off. But it's a bit safer than saying "I'm going to tell the FSF *right now*', and you could possibly threaten action if they fire you on a mere suspicion.

      A.

    5. Re:More GPL theft than you'd think by david_bonn · · Score: 5, Interesting
      I'd amend that. There is lots of intellectual property theft in general.

      About a dozen years ago, I worked for a small, heartless high-tech startup. The cash money pay was good, my immediate manager was extremely clueless, and the founders and senior management had (for once) greatly overestimated the complexity of the development effort. This made for an extremely leisurely work schedule that (almost) made up for their other obnoxious habits.

      My first week there I was writing some code to interpret the logfiles for their product, when I needed to Read the Manual to figure something out. While an MS C Compiler was installed on my peecee, I didn't have copies of the manual and figured they must be around someplace.

      Twenty minutes later I discovered that (1) the only copy of the manuals was in the (locked) office of my boss, and (2) there was only one C compiler for about a half-dozen coders. My boss was in meetings all day and didn't want to be disturbed. It was a Friday so I went home before lunch to start my weekend early.

      On Monday morning I got the manuals from my boss, fixed the code, and had this entertaining conversation when I returned the manuals:

      Me: We need a few more copies of the compilers, at least so more than one coder can read them at a time.

      My Boss: We don't have the money for that.

      Me: So? We're violating the license agreement. I'd hate to cross MS on something like this.

      My Boss: Don't worry, those agreements are impossible to enforce.

      I went back to my cube with much to think about. Only a week before, I had signed a fearsome stack of employment agreements with terrifying and nasty language. The employee packet also had an intimidating memo about employee's stealing any company property -- it left me with the impression that I'd end up in jail if I accidentally took a pen home.

      ... and my boss said that "those kind of agreements are hard to enforce"???

      Well, like I said my boss was clueless so I kind of let it slide. But I noticed that for a company with over thirty people, there was only two or three legal copies of any word processing or desktop publishing software around the office. Later that week there was a big dust-up and two of the six engineers quit. In order to patch up the morale a cozy meeting was arranged that friday with the company president, my boss, and the remains of the software group of which I was a part.

      At one point I brought up the software license issues:

      Me: Y'know, having only one C compiler for four engineers is illegal. We really ought to buy more copies.

      President: We'd rather hire really good people than buy software.

      Me: So you're saying we should steal to support the company?

      President: It isn't really stealing...

      Me: I doubt Microsoft would agree with you. What you're doing gives every employee who walks out of here with a beef, like [the two guys who just quit], a way to shut this whole company down.

      He didn't know how to answer that. My boss gave me a dirty look. A few weeks later a "working group" was set up, headed by my boss, to identify what software we needed to buy and buy it. This group met weekly for over six months and probably after -- well past when I left the company. As far as I know, they never did spend any actual money correcting the problem.

      In the following months I noticed that a fair amount of code in the company's products had also been lifted from various places. Some of it was harmless and easily corrected. Some of it went a long way towards explaining why the company was rather secretive about how it had managed to build its products. I told my boss about it and he basically blew me off by adding it to the list of "issues" (e.g. cases of intellectual property theft) his "working group" was looking at.

      I quit after less than six months on the job, taking a well-deserved year being mostly unemployed. The company failed a couple of years later, warmly despised by its ex-employees, customers, and probably anyone else who came into contact with them.

      My boss was probably more clueless than average, but I don't think crap like this is at all uncommon.

      How do you fight this silliness?

      If you are into persuasion, I'd try an argument that goes something like this:

      We're a technology company. Our primary assets are intangible. One of those assets is the intellectual property represented by the source code to the software we sell. Putting a dollar value on any such software is highly subjective and very vulnerable to perception, both positive and negative. We want to avoid any negative impressions which might cause difficulties, in particular during a due diligence process such as during an acquisition, business partnership, or when raising money from investors.

      Probably the best approach is pretty gentle. Make friends with some people in your accounting department. If you've already got a friend there, so much the better. Tell your friend about this problem, emphasizing what it might do to the company's stock price or how much trouble it might make during an acquisition. People tend to lend more credence to information from someone they know than from some person they never met who comes to them with a story of gloom and doom. Unfortunately, this becomes a lot harder in a larger company.

      A less discreet approach might be to write a nice memo on paper on the above themes, print it out and sign and date it. Keep a copy for yourself, give a copy to your boss, and give a copy to your CFO or VP of Finance. Emphasize that these kind of intellectual property violations could cause problems with the value of the company or the company's products.

      A final approach is to discreetly contact your company's auditors. Auditors have a bad rap right now and are hence pretty stuffy about any iffy situations. They are involved in assigning a value to any assets a company has (like software that might have a license violation) and they will probably be very interested in what you have to say. This can make quite a bit of trouble for your company if you aren't sure it can be fixed easily, so be a bit careful with this approach. However, it is less of an escalation than going public with the embarassing information.

    6. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      That was a very long post, so I didn't read it all.
      But their is a BIG difference in taking other peoples source and use it in another product, and copying a binary product.

    7. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      Tell the FSF! The FSF always works with companies to try to get compliance before going public, and they don't go public unless they have to. Please read Eben Moglen's essay on how he enforces the GPL. http://www.gnu.org/philosophy/enforcing-gpl.html

      Or post it anonymously on Slashdot -- someone else will notice it an mail it in to the FSF.

    8. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      I guess you could always just tip the FSF off quietly. If it's as obvious as you say, all it would take would be to point them towards the download site or whatever.

      I suppose if you're already making noises about GPL compliance, you'll be the first under suspicion if the FSF indicates that they've been tipped off. But it's a bit safer than saying "I'm going to tell the FSF *right now*', and you could possibly threaten action if they fire you on a mere suspicion.


      hi, original poster here.



      The thought (of tipping off the FSF on the quiet) did cross my mind, but it would be waaaay obvious who did it. I'm not sure I even feel comfortable with the IDEA of threatening them. I might just point out that if I spotted it, any random user might do so just as easily, and the first we'd know of it would be a story on Slashdot.

      re: other comments:
      I've only recently started working there; I have a somewhat chequered previous employment history (lots of job jumping), plus this is an excellent place to work from the PoV of doing interesting stuff, with cool people, and getting well rewarded for it. Also the job situation in my area suxx0rs majorly.

      I'm not being asked to work on the product, as such, it's just part of our portfolio of software, stuff, and services we sell.

      Oh, one other point: they recently (within the last 18 months) picked up some really bad PR here on Slashdot (and other places) for a similiarly, um, ethically challenged practice which they were caught out on. Fixing it was expensive, and management changed shortly afterwards. Hopefully that experience has increased the clue level vis a vis the "keep geeks happy" stuff ;-)

      BTW, re: the guesses of which corp this is that I've seen so far: goodness, are they doing it as well ?
      /me resists the temptation to drop more hints...

    9. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0
      >Or post it anonymously on Slashdot -- someone else

      >will notice it an mail it in to the FSF


      As I said elsewhere, they'd guess it was me, which would be BAD. ALso, the thing has been on the market for several years now and no-one's said anything so far...

    10. Re:More GPL theft than you'd think by prizog · · Score: 3, Informative

      Hi. I investigate licensing violations for the FSF. Please let me know what you feel Stalker is doing in violation of the GPL. You can mail me at license-violation@gnu.org. Thanks.

    11. Re:More GPL theft than you'd think by maxpublic · · Score: 1

      --Troll? Abuse your +1? *plonk*. I love the friend/foe system.

      So do I. Laughing at the people who take the 'foe/freak' thing seriously is always fun.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    12. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      Hm, is it FSF stuff like gcc, bash, glibc, etc? Or is it just random Free Software. There's not much point in reporting it to the FSF if the FSF doesn't have copyright...

    13. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      Ah, plan! Create a Slashdot account under the name of a cow-orker you don't like, and post it under that name!

    14. Re:More GPL theft than you'd think by beeblebrox87 · · Score: 1

      There is? How so?

    15. Re:More GPL theft than you'd think by Anonymous Coward · · Score: 0

      orig a/c again. Yes, there's some FSF/GNU code in there (plus code under other licenses including some BSD-licensed stuff.) Some poster child Open/Free projects are in there too, including projects with well-known Free/Open personalities working on them. Core infrastructure stuff, that eg. ZDNet readers would have heard of.

  8. Work in Progress by gabeman-o · · Score: 5, Insightful

    What an idiot... to claim that Lindows is a work in progress and therefore they wont include the source with preview releases is BS. All open source projects and linux distros are a work in progress, yet no one else seems to have any problem distributing their source.

    1. Re:Work in Progress by Anonymous Coward · · Score: 0

      You know Mr. Smartass, he is referring to the fact that they don't even have progress enough to publically release it. The linux distributions do. The open source projects are made by individuals, not a company. Back off Mr. R, gabeman.

    2. Re:Work in Progress by Anonymous Coward · · Score: 0

      Yeah, but these guys are a real business with paychecks to be given to employees. Prettying up the source on an on going basis is not an effective use of their time.

      This is technically a violation, but its also potentially the most important technology that Linux needs right now. I'd say cut them some slack until its obvious that its going to be an issue.

  9. GPL applies to software releases by azaroth42 · · Score: 1

    To take an example (and yes I know that the MPL is not the GPL) but if Mozilla had taken GPL software and extended it and not yet released their source code because they're not yet to version 1.0, then obviously the FSF would have already jumped up and down on AOL/TW/Netscape/Nullsoft/etc.

    Lindows could define all of their releases as beta, whatever that means in practice, and then would never have to comply with the GPL. The FSF know what they're doing here folks.

    -- Azaroth

    1. Re:GPL applies to software releases by GigsVT · · Score: 1

      Lndows could define all of their releases as beta,

      Yeah, did Napster ever make a final release? All throughout the controversy it was "beta". I switched totally to linux around the time that napster was just getting media attention, so I am not familiar with the timeline later on.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:GPL applies to software releases by Anonymous Coward · · Score: 0

      Opera for linux is still beta...
      But it is being USED.

      Of course Opera is not GPL, but Lindows could
      specify their releases as beta for the next 10 years.

      But it may be useable.

      However, with no source, it may not _improve_, at least not quickly.

      If people _use_ the software, then, if it is GPL,
      they should have the right to improve it....

  10. Nice troll, but IAAL by PhysicsGenius · · Score: 0, Troll

    However, before I became the world-renowned physicist I am today I was a lawyer for the Free Software Foundation (I was LawGenius back then). I wrote significant portions of the GPL as well as grooming ticks from RMS dense face foliage. I know whereof I speak and you are a troll.

    1. Re:Nice troll, but IAAL by Anonymous Coward · · Score: 0

      I'm sure that you would make a fine facial-hair groomer. But how about quoting for us the section of the GPL which waives the source-disclosure requirement in cases where the binaries are distributed without compensation. Quote for us the section of the GPL which requires source-disclosure of the compiler used to create the distributed binaries.

    2. Re:Nice troll, but IAAL by PhysicsGenius · · Score: 0, Troll

      I'm sorry, but as the holder of the ridiculous claim the onus is on you to prove your statement that I need to force source on Joe Random who doesn't even know what a dereferenced pointer is and wouldn't give a crap if he tried.

    3. Re:Nice troll, but IAAL by dinotrac · · Score: 5, Informative
      Gosh, I hope that you are a better physicist than you were a lawyer. I used to be a lawyer, too, and it sounds like I was a better lawyer than you.

      The GPL is not keyed to selling anything. It is keyed to distribution. In fact, the closest thing the GPL contains to the kind of exception you're describing is in section 3(c), describing an alternative means of distributing source code whereby noncommercial third parties can simply pass along the information that informs recipients where and how to obtain source code.

      Any distribution by the Lindows folks outside of their organization will be commercial whether they charge for binaries (Oh! Gee! They're even charging for the beta) or not. Lindows is a commercial enterprise and their releases are part of furthering that enterprise.

      There is no serious question that people who purchase their beta are entitled to purchase or otherwise receive the source code. In fact, if you'll read carefully, they're entitled to receive it in machine readable form via the mail.

    4. Re:Nice troll, but IAAL by Anonymous Coward · · Score: 0

      In fact, if you'll read carefully, they're entitled to receive it in machine readable form via the mail.

      And they will receive it in machine readable form via the mail. 6 months from now.

    5. Re:Nice troll, but IAAL by jcast · · Score: 1

      You don't have to force the source on anyone---you just can't force absense of the source anyone, either. It's the receivers choice.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  11. yeah thats right! by Anonymous Coward · · Score: 0

    yeah, interesting question indeed 'where is the source'....

  12. Yeb big bloody deal by DABANSHEE · · Score: 2

    This isn't even worth a slashdot thread till the thing's released.

    That's when we can debate till the cows come home whether he's complying with the GPL.

    Anyway I make its a rule in life to not comply with any rules, regulations or laws I don't agree with. Life would be bloody boring if everyone complied with the rules.

    1. Re:Yeb big bloody deal by Jack+Hughes · · Score: 3, Insightful
      But it *has* been released.

      If you cough up $99 dollars you can download it.

      Except for the source.

  13. GPL: take it or leave it by SpinyNorman · · Score: 2

    The GPL is a legally binding licence agreement, that no-one is forced to use. If you want to benefit from others work and build on top of GPL'd code then you can do so, but that benefit comes with obligations.

    There's no discretion to GPL's applicability or separate rules for Linux friendly companies or whatever. Either the GPL does cover Beta release (note that people PAID for the "Beta", which would seem to destroy any position they may otherwise have had), or it doesn't. The FSF appears to think that it does, and I believe they know more about it then either you or I do.

  14. GPL is GPL by Cato · · Score: 5, Interesting

    It's not about whining, it's about sticking to what the GPL requires. IANAL, but I understand that when you distribute the binary of a GPLed program (such as Linux), you must also distribute the source code (or make it available, e.g. via the Net). If this is not acceptable to Lindows, they should have chosen another OS with a more permissive license, e.g. one of the BSDs. They can't have the developer base and mindshare of Linux without doing what the GPL requires.

    If Lindows had licensed a commercial software component and were breaking its license terms, would that be a 'silly question'? For some reason, conforming to open source licenses is considered by some people to be an optional extra...

    The only real issue IMO is whether some delay is acceptable between releasing the binary and the source, particularly for betas - this seems to happen with some projects, in practice, but if the project/business goes away in the mean time, the users are left without the source.

    1. Re:GPL is GPL by leviramsey · · Score: 1

      Lindows couldn't have built a non-GPL distribution. What's the critical part for them? It's not the kernel. It's not the X server. It's the desktop environment and supporting apps. Well, KDE is GPL. So is GNOME. What non-GPL desktop environments are there that could appeal to the Windows user out there? I can't think of any.

    2. Re:GPL is GPL by 56ker · · Score: 3, Funny

      Yes but can't you understand that with a beta they wouldn't want to release the sourcecode? If they did release the source every little bug in it would be reported to them ... then again .... isn't that the point of Open Source? ;o)

    3. Re:GPL is GPL by squiggleslash · · Score: 5, Insightful
      There are, however, other Unix desktops, and the Lindows people could have licenced them. CDE is one example, put a half decent window manager on it and it actually looks half decent.

      I'd compare this, to be honest, with bundling components of Microsoft Windows with Lindows and then claiming that they don't have to furfill the usual obligations that Microsoft licencees are under because it's only a small part of the whole, and they did all the hard work putting it all together. Nobody, absolutely nobody, would defend them under these circumstances, but for some reason large numbers of Slashdotters think it's ok to similarly ignore the obligations KDE and GNU place on their licencees.

      There are alternatives:

      • Licence one of the many, many, desktop alternatives and combine with BSD or negotiate a deal with Caldera and bundle with Unix
      • Write the damned thing yourself, or take some of the public domain ones that aren't quite there and improve them.
      • Write a replacement for EXPLORE.EXE. IIRC the "real thing" is a crude framework around the listview control, and presumably WINE has a standard listview otherwise it wouldn't work.
      • Negotiate a licence with the KDE and GNOME people directly.
      Simply taking stuff that's out there, ignoring the licences, and including it anyway, is unfair and unethical. And it's probably illegal too.
      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:GPL is GPL by jwinterboy · · Score: 1

      The only real issue IMO is whether some delay is acceptable between releasing the binary and the source, particularly for betas - this seems to happen with some projects, in practice, but if the project/business goes away in the mean time, the users are left without the source. It's even more dangerous than that. The best thing for a big companies would be to find a cheap way to enter markets they don't already dominate. What better way to do that than to release "beta" code in that market that uses open source code, with their own proprietary extensions or interface locked around it. Then, by the time the "final" release makes it into the real world, they've had time to re-engineer the code internally, without using any GPL'd source. It's not as much as a danger in this case because Lindows' business model is based on Linux, but we can all think of other companies that may be more aggressive.

    5. Re:GPL is GPL by Kraft · · Score: 4, Informative

      I agree. The GPL is clear on this matter:

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

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

      --

      -Kraft
      Live and let live
    6. Re:GPL is GPL by leviramsey · · Score: 1

      I was not defending Lindows... I think that what they're doing is despicable.

    7. Re:GPL is GPL by Anonymous Coward · · Score: 0

      Nice selective quoting. WHat about parts b and c?

    8. Re:GPL is GPL by mpe · · Score: 2

      The only real issue IMO is whether some delay is acceptable between releasing the binary and the source, particularly for betas

      The GPL makes no special mention of "betas".

    9. Re:GPL is GPL by wfrp01 · · Score: 2

      Negotiate a licence with the KDE and GNOME people directly.

      Hmm, I'm been scratching my head wondering what these Lindows folks are thinking. Maybe that's it. The GPL, remember, is just a license. A license held by the copyright owner. So perhaps the Lindows folks would like to negotiate different terms with the people who have GPL'd the pieces they have extended. If they can procrastinate, and get some revenue or venture capital, then they might be able to offer the copyright owners better terms in exchange for altering their licensing terms.

      Of course this is all just speculation. Speculating is fun.

      This type of scenario, though, is all the more reason to demand stringent adherence to the terms of the GPL. If you can bend the rules, then you are obviously working in a manner contrary to the spirit of the GPL.

      --

      --Lawrence Lessig for Congress!
    10. Re:GPL is GPL by mysidia · · Score: 1

      I can understand why they would might want to not to provide source code to a beta, but I can also understand why they might not want to release the source code period.

      The GPL requires source code be offered or provided when the binary is distributed/sold to the public world, period, the GPL does not provide an exception for beta-distributed programs.

      The idea of a beta [or anything] being released without source available contradicts the spirit of the GPL. Conforming with the license is something that must be done always, not "when it is convenient" to do it.

    11. Re:GPL is GPL by mysidia · · Score: 1

      Part (b) is merely an alternative to a. It says that instead of providing the source in the distribution, you can accompany it with a written offer valid for at least 3 years to send the source, see the GPL for the details

      Either Lindows has that offer to provide corresponding source upon request (including to any third party) or it doesn't. If it doesn't, (b) and (c) are meaningless, if it does, then they agreed to distribute source to anyone already (at the cost of the physical distribution)

    12. Re:GPL is GPL by Anonymous Coward · · Score: 0
      CDE is one example, put a half decent window manager on it and it actually looks half decent.

      What if you put a crap window manager on it? What does it look like then?
    13. Re:GPL is GPL by Anonymous Coward · · Score: 0
      It's even more dangerous than that. The best thing for a big companies would be to find a cheap way to enter markets they don't already dominate. What better way to do that than to release "beta" code in that market that uses open source code, with their own proprietary extensions or interface locked around it. Then, by the time the "final" release makes it into the real world, they've had time to re-engineer the code internally, without using any GPL'd source.

      They could also squash open source competitors by leaving their products in "permanent beta", and never releasing the "final version". Then they don't have to release the source because "it's just in beta, right?".

      All they'd have to do would be to beta-release a killer version of their application so that no open source product could compete with it, and then great damage would be caused.

      DON'T USE MICROSOFT BRAND BETA RELEASE LINUX!!
    14. Re:GPL is GPL by Daengbo · · Score: 1

      Is that because everything is a beta? hehehe

    15. Re:GPL is GPL by nels_tomlinson · · Score: 2

      Well, on AIX, both halves looked sort of crappy, and neither was decent. I suppose that could have been due to a crap window manager.

  15. no, he's not by Anonymous Coward · · Score: 0

    The GPL doesn't talk about "selling" anything. The point of the GPL is that if you get the binaries, you should be able to get the sources and redistribute them if you like. If Lindows is based on GPL code in the sense described in the GPL license, then they must make sources available along with their binaries to anybody who asks. There is no exemption for beta software or non-commercial software.

    1. Re:no, he's not by Anonymous Coward · · Score: 0

      uhm. They own the copyright. They are under no obligation to keep betas, etc. under the GPL. They can relicense at will.

    2. Re:no, he's not by Anonymous Coward · · Score: 0

      They own the copyright to what? Are you implying that Lindows has re-written the Linux kernel, compiler, libc, binutils, fileutils & X from scratch?

    3. Re:no, he's not by TooTallFourThinking · · Score: 1

      And if they had relicensed the beta this would be a non-issue. But it is under the GPL and the GPL requires the source be made available even with a beta release. And they can't even relicense the code now unless they remove all the GPL'ed parts.

    4. Re:no, he's not by mpe · · Score: 2

      They own the copyright. They are under no obligation to keep betas, etc. under the GPL.

      Except they don't own copyright on anything they didn't write from scratch themselves. The vast bulk of their product is either unmodified GPL code or obvious derivatives of GPL code.

  16. Hmmmm if your boss makes you lift GPL'd code by Anonymous Coward · · Score: 5, Insightful

    Hmmmm if your boss makes you lift GPL'd code you have moral and professional choices.

    The noble, upstanding thing to do would be to report your company to the FSF. In essence, using GPL code without providing the source is stealing. They wouldn't expect to get away from an audit by the BSA if they were running cracked software, so why should they get away with GPL violations?

    However, the noble, upstanding thing to do is often the one that leaves the 'hero' jobless and labelled a security risk.

    So, if you feel up to it, take a leaf out of Dogbert's book, and use this opportunity to further your advancement in the company. Hideously cynical, I admit.

    Of course, this could just be an adminstrative error. A previous employee could just have used GPLed code as a stopgap way of developing their own solution, and not notified management and / or sourcecode maintenance about the original code.

    Point it out to management, and let them know the scope of the legal issues involved. If they've got any sense, they'll release the source.

    This is all assuming that the GPLed code exists in 'chunks' within the main codebase. If your company is selling a full GPLed application, start sending your Resume out!

    (I wonder why the originally was modded down to -1 30 seconds after posting)

    1. Re:Hmmmm if your boss makes you lift GPL'd code by Anonymous Coward · · Score: 0

      It wasn't modded down. The guy posts at -1 by default. :P

  17. dmesg? by Crypt0rchid · · Score: 1

    Gimme a real dmesg of Lindows... huh? A bitmap? ;)

  18. What is Robertson complaining about? by Anonymous Coward · · Score: 5, Insightful
    The application of the GPL license in this case is absolutely clear: anybody who pays $99 for the preview should be able to get sources to Lindows if (as it seems) Lindows is based on GPL'ed code. That was the deal his company signed up for. There are no exemptions for "beta" code or "previews".

    If that doesn't fit into his business plan, he shouldn't have used GPL'ed code; it's not like anybody was tricking him into accepting a license he didn't understand. He shouldn't complain about it, and if he persists in not complying with the GPL, he will lose all rights to using the code in perpetuity. The GPL needs to be enforced in order to be meaningful. If companies can get away with flaunting it, abuse of GPL'ed code will become widespread.

    I also wonder what kind of strange plans that company is hatching that they aren't developing out in the open. Why isn't their code on a public CVS repository already?

    1. Re:What is Robertson complaining about? by nusuth · · Score: 2
      Well I would like to emphasize "closed" nature of the pay beta program. I am not an expert on this matter and I won't pretend to be one. Yet the way I see this is, the beta program of lindows is actually an internal process. The payers may access this internal process after signing a NDA. They are not selling or giving away their betas, betas are also not free to copy, they are closed and whole proces is internal.

      Obviously "distribution of software" mentioned in GPL is not something done internally; I can make modifications to any GPLed software, not release the final software but use it internally at my company with how-many-I-desire copies installed without breaking GPL. I don't see much difference between internal usage and an internal beta program. I may be off the base here, and the very fact that one can participate in beta program might make the process open, no matter how many NDAs people sign. But if the program is indeed closed and internal, he may withold any source until it is released.

      --

      Gentlemen, you can't fight in here, this is the War Room!

    2. Re:What is Robertson complaining about? by brunes69 · · Score: 2

      Don't forget though, that the GPL allows him to charge a "distribution fee", which the license doesn't even say must be reasonable. He could offer to ship the Lindows source on another CD for $1000, or even $100,000 and it would be perfectly GPL compliant. GPL doesn't mean it has to be available for download, or even come with the OS.

    3. Re:What is Robertson complaining about? by snol · · Score: 1

      So what you're saying is, as long as you distribute your GPL software under a restrictive, closed, proprietary enough license, you don't have to release the code? ... no, I don't think that's how it's supposed to work.

    4. Re:What is Robertson complaining about? by pjrc · · Score: 2
      ...the GPL allows him to charge a "distribution fee", which the license doesn't even say must be reasonable. He could offer to ship the Lindows source on another CD for $1000, or even $100,000 and it would be perfectly GPL compliant.

      I don't know where you got this idea, but it certainly wasn't from section 3 of the GNU General Public License, specificly:

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

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

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

      c) (option C only applies to non-commercial distribution, which Lindows certainly is not)

    5. Re:What is Robertson complaining about? by nusuth · · Score: 1
      You have a point but my point was not that you can redistribute GPLed software with alternative licenses, open or closed. It was "not everything qualifies for the term 'distribution' and this may be such a case."

      If lindows makes this "beta program" the only way to access their software even after it is release quality, then one can definetly argue they are breaking GPL by not providing source. I guess we are not at that point yet.

      --

      Gentlemen, you can't fight in here, this is the War Room!

    6. Re:What is Robertson complaining about? by TotallyUseless · · Score: 2

      if you ask me, if people are paying 99 bucks for it, its being distributed externally... NDA or not. If you modify a program for use in your company, but then charge employees 99 bucks to use it, you dont consider that selling/distribution? if they were paying people $99 to beta test it instead of the other way around then i could agree with you. think of it this way, what if the only way to try the mozilla beta was to pay for it, and the code was never released till it was 1.0 Hmm, how many years would we have been waiting on a code release now?

      --

      Time for some tasty Shiner Bock!
    7. Re:What is Robertson complaining about? by iCEBaLM · · Score: 3, Interesting

      Well I would like to emphasize "closed" nature of the pay beta program. I am not an expert on this matter and I won't pretend to be one. Yet the way I see this is, the beta program of lindows is actually an internal process. The payers may access this internal process after signing a NDA. They are not selling or giving away their betas, betas are also not free to copy, they are closed and whole proces is internal.

      One word: illegal. The GPL'd software may not be relicenced into this kind of a license unless by the author. Lindows cannot sell linux for $99 under NDA and tell people they can't share it. Internal means just that: internal. This process is anything but internal as they are distributing the software to third parties for a fee of $99. The only way it would be internal is if everyone were employees of Lindows.

      -- iCEBaLM

    8. Re:What is Robertson complaining about? by mpe · · Score: 2

      I can make modifications to any GPLed software, not release the final software but use it internally at my company with how-many-I-desire copies installed without breaking GPL.

      In order for this to be "internal" you must be part of the relevent entity.

      I don't see much difference between internal usage and an internal beta program.

      Unless paying the fee makes the beta testers either employees of or shareholders in the company then there is no way this can be called "internal usage". This looks far more like a supplier/customer type situation...

    9. Re:What is Robertson complaining about? by mpe · · Score: 2

      Don't forget though, that the GPL allows him to charge a "distribution fee", which the license doesn't even say must be reasonable.

      This applies only to the binary. There are specific on how much you can charge if choose to distribute the source separatly. In this situation you can only charge what it actually costs you.

    10. Re:What is Robertson complaining about? by An+Onerous+Coward · · Score: 1

      I love it when this little misconception rears its head. It gives me the chance to point out that, under this system, anything Microsoft has ever written is GPL-compliant. Just scrape about fifty billion dollars together, and I'm sure they'll be happy to have Steve Ballmer deliver the source CD to your door himself. Asking him to wear a kangaroo costume may cost an extra five billion or so.

      In reality, you're allowed to charge whatever you want for the binaries, but once someone receives the binaries, he has the right to receive the source code for no more than the cost of distributing it to him.

      --

      You want the truthiness? You can't handle the truthiness!

    11. Re:What is Robertson complaining about? by Upsilon · · Score: 1

      So if Microsoft took the Linux source code, made a couple modifications, slapped an NDA on it, and started selling it for $99 you'd be OK with it?

      The point is you can't put an NDA on Linux. That's relicensing GPL code.

      --
      I am not an idiot. Please use my name to email me.

      "That's right, I'm quoting myself."

      -Upsilon

    12. Re:What is Robertson complaining about? by Jagasian · · Score: 2

      Technically, since the Lindows source code wasn't distributed along with the binaries, the source code must be made available to ALL THIRD PARTIES!
      Rules are rules, and they must be enforced.

    13. Re:What is Robertson complaining about? by Peter+Harris · · Score: 2

      There is no distinction between internal and public distribution. You distribute the binaries, so you MUST distribute the source ON DEMAND to the same people.

      We use some GPL software where I work, occasionally with a few in-house patches. If somebody in accounts asked me for the source code (why they would do this I can't imagine), I would be obligated to provide it. "Internal" or not, they could re-distribute the source to anyone.

      That's the GPL. There is no exception for subsets of the concept of "distribution".

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
    14. Re:What is Robertson complaining about? by cduffy · · Score: 2

      Distributing software for corporate use within a company is not the same as redistributing software externally -- the company isn't giving its employees licenses to use the software; rather, the company is using the software itself (taking advantage of the licence which has been granted it), via its employees. If the employees were being allowed to install it on their personal machines, then that'd be different -- but I don't get the impression that's what you're discussing here.

      Sue in Accounts has no place to ask for a copy of the source, because you never gave her a copy of the binary. Yes, it's on her company machine -- but it isn't hers; and that copy on that machine was never given her, it belongs to the company -- who never (within the scope of this example) redistributed it to anyone else. No exception in the GPL for subsets of the concept of "distribution" is needed, because the legal concept of "distribution" already only applies to distribution to a distinct entity.

      (IANAL, but the UCC is my bedtime reading; nonetheless, talk to a real lawyer before taking my word on this).

    15. Re:What is Robertson complaining about? by Peter+Harris · · Score: 2

      Interesting. I never thought about it that way, and it makes a kind of sense, but it's a slippery slope. Arguing that a particular copy "belongs" to entity A, so even though A lets B use it, it hasn't been distributed to her, sounds weasely and unconvincing to my ears.

      I wouldn't argue the legal niceties because IANAL either, but I think the spirit and intent of the GPL is clear: The software cannot "belong" to entity A, at least to the extent of having power to restrict access to the source code. Where the binaries go, the source must be allowed to follow.

      Although clearly, it would be bad form for "Sue from Accounts" to ransack our in-house modifications to sell to a competitor. I think that's a different issue, however.

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
    16. Re:What is Robertson complaining about? by cduffy · · Score: 2

      Okay, let me ask you this:

      If a piece of internal software is under the GPL, and you give a copy to Sue from Accounts, can she without any further approval and outside the course of her duties give a copy to her friend Ben (who isn't employed by the company)?

      The answer is clearly no -- not only because it would be a violation of the agency relationship existing between Sue and the company, but because Sue as a private entity hasn't been licensed the software. It's akin to commercial software: If a company buys a 500-seat license, the agreement is between the company and their provider, not between the provider and the company's employees; they're not parties to the contract, and they're granted no rights by it. (Back in our GPLed example, the company may not be able to prevent Ben from redistributing the software under the terms of the GPL if Sue gave the appearance of acting on behalf of the company when she gave him the copy... but that's an entirely different discussion, and not tremendously relevant here -- and certainly would not in any way mitigate Sue's liability).

      You're right -- if Sue in Accounts sold the modifications to a competitor, that would be a different issue (breach of agency relationship), but it would also be theft of IP, as she was never granted any license to redistribute under the GPL because no license was needed when the copy was distributed to her -- just as no license between her and her employer is needed when that 500-seat proprietary software package her employer licensed is installed on her workstation. Liken it to commercial software, and the distinction becomes more clear.

  19. Not perfect, but give them a chance by Anonymous Coward · · Score: 2, Insightful

    OK, so to follow the letter of the GPL and to encourage community goodwill, Lindows should probably have released their code under the GPL, at least (as I understand it) to those who have been given binaries.

    However, it is just a beta of a commercial product after all, and he did promise to adhere fully to the GPL when the official product release occurs.

    Cut the guy some slack, and see what happens. If they release the 1.0 version and don't release source, then it's time to get mad. It's a one-time thing, no need to bite their heads off.

    1. Re:Not perfect, but give them a chance by khuber · · Score: 1
      It's a bad precedent to allow improper license use. If they are violating the license, they should be sued. I believe they are at least violating the spirit of the GPL and should be chastised. The social strength of the law and contracts depend on enforcement. The strength of a community depends on their willingness to stop tyranny and abuse by a minority.

      You may find my language strong, but there are any number of licenses that could have been used instead of the GPL.

      Lindows should use another license if they want to jerk people around.

      -Kevin

    2. Re:Not perfect, but give them a chance by Anonymous Coward · · Score: 0

      I fail to see how waiting for 1.0 will change the situation. GPL means you have free (as in speech) access to the source, and you have the right to redistribute/modify/print'n'burn it to your liking. The least he can do is give access to a CVS where the sources can be fetched. It's overall a good thing, since people would be intrested in fixing bugs, or trying some cool hack.

    3. Re:Not perfect, but give them a chance by t_hunger · · Score: 1

      WRONG!

      You *MUST* release under the GPL if you have linked in any GPLed code. You have no choice in that decision. You can chose not to use GPLed software in the first place, but it you have decided to actually do so, then you must release under the GPL.

      Looks like Lindows is linked against GPLed software, or the FSF wouldn't have filled a complaint. That lindows-CEO-guy in the interview does not argue against that, so the FSF is most propapby right;-)

      --
      Regards, Tobias
    4. Re:Not perfect, but give them a chance by Anonymous Coward · · Score: 0

      If we let this pass, anything passes.

      Sue the fucker.

    5. Re:Not perfect, but give them a chance by Balp · · Score: 1

      Well actually there code is probablyonly linked against lgpl:ed code. But thats not the issue here, they have GPL:ed code in the distrubution (for example the linux kernel) and then they have to also distribute the code for linux. This is in my optionin maybe one of the problems with GPL, they can't just say it's an unmodified kernel from ftp.kernel.org, they also has to offer a download, or put on the CD.

      Hell even OpenBSD has been accused for the same violation of GPL. I think it was 2.8 or 2.9 when space on one of the cd's got low emacs-source was removed. (It was still on the ftp-site) but apperently it was not a "good" enught offer and not explicity stated so the war began...

  20. Read the license already by Anonymous Coward · · Score: 0

    If you distribute GPLed software, you have to distribute source. It isn't exactly hard to find that out, and as legal licenses go it is pretty easy to read.

    Since when is it whining to tell people that they should be doing what they are legally obligated to do? If you don't want the legal obligation, then you don't have to use what people are giving away (fairly generously I might add) on those terms.

  21. This is not flamebait by Anonymous Coward · · Score: 0

    God, anyone says something negative about Linux or the Linux community and he's flamebait. Someone does the same with Windows, and it's +5 insightful.

  22. I don't understand the evasion by brink · · Score: 5, Insightful
    Maybe it's because I just woke up, maybe it's cause I missed something in the article, but it seems a simple thing for him to say, "Oh, we didn't include the source due to x y z." But instead of giving a straight answer, or even an answer that hedges a bit, he starts blathering on about how the company has done so much for the community.

    That's what makes me suspicious, and that's what the FSF is probably responding to -- companies historically have a tendency to support any given "community" only when it serves the company's best interests (which I can't fault); however, they also historically tend to retain the willingness to arbitrarily pull that support, no matter the cost to that community, if it will better their standing.

    So, when some business says it's helping the Open Source community, doesn't follow through on part of the obligation, then doesn't give a straight answer when asked "why not", it sort of seems duplicitous in a way. Note that most of the article is Robertson pleading that he's done so much for Open Source, as if to say, "But look at everything else we've done!" Yes, those things are commendable. It doesn't free you from your other obligations, though.

    I hope it was just bad reporting on the part of Newsforge. If not, the FSF seems pretty justified in asking what the deal is.

    --
    - Jonathan
    1. Re:I don't understand the evasion by carm$y$ · · Score: 2

      companies historically have a tendency to support any given "community" only when it serves the company's best interests

      Good point.

      Seems that now, living in really rough times, the GPL started to be really put to test by more and more companies. I don't want to plunge (again) in a discussion that ends in a flamewar, but don't forget that inherently, the GPL is totally counter-intuitive to any classic capitalist; and although GPL'd software *can* be used to make profit in the standard way, it's *less* profit than one could make if they used other people's code and just "forgot" to release their code - even for some limited time (gives them the upper hand/pole position in the field).

      I'm waiting for the first court-test. A lot of things can be different depending on how a real judge sees this.

      --
      -- No sig today
    2. Re:I don't understand the evasion by Royster · · Score: 1, Troll

      Maybe it's because I just woke up, maybe it's cause I missed something in the article, but it seems a simple thing for him to say, "Oh, we didn't include the source due to x y z."

      He did. They didn't include the source becuase they haven't released the product to the public.

      The GPL distinguishes between modifications published (for which source is required) and modifications for internal use (for which source is not rewuired). Testing is usually an internal use.

      Beta testing is a grey area, is it a public distribution or is it internal? But it seems to me a resonable interpretation.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    3. Re:I don't understand the evasion by Anonymous Coward · · Score: 0

      > Beta testing is a grey area, is it a public distribution or is it internal?

      Who are you trying to kid ? Distribution is distribution. Marking a product alpha/beta/pe-release don't change this in any way.

      The 'insiders' even pay 99$ to get thier hands on this 'beta'. It is crystal clear that they are trying to escape their obligations so they can make some more money (but in that case, why didn't they choosed the BSD route ?)

      They are probably going to comply in a few weeks, but try to capitalize/brand more in that time.

      One ugly thing is that they may have choosed the bad-PR-is-good-PR route, and want to piss-off the whole community before abiding to the GPL, just for the mindshare they'll get.

      The most probable thing is that they are moron and wannabe-thiefs. (Redmond Linux ? Lindows ? They try to cash on linux _and_ microsoft).

    4. Re:I don't understand the evasion by dachshund · · Score: 1
      Beta testing is a grey area, is it a public distribution or is it internal? But it seems to me a resonable interpretation.

      I don't know of any legal principle that treats a $99 sale to somebody outside of the corporation as an "internal use".

      If the guy had hired the beta testers as part-time employees, he might have been able to call it internal use, but as it stands, he has no leg to stand on.

      It's too bad, because I do sympathize with his goals, if not the way he put them into practice. Clearly he wants to get his product tested and released before his improvements to Wine find themselves publicly available (and therefore curb the momentum for his launch.) I don't blame the GPL for his current dilemma, though. I blame his decision to distribute the beta externally and charge for it. Doesn't the guy have an IP lawyer on retainer somewhere?

    5. Re:I don't understand the evasion by macshit · · Score: 2

      The GPL distinguishes between modifications published (for which source is required) and modifications for internal use (for which source is not required).

      Care to share where you got this idea?

      I've read the GNU GPL, and it seems to make no such distinction. If you really believe that it does, please quote the relevant section of the GPL.

      If you give a GPL'd binary to your employee Bob, you've gotta give Bob the source code too (of course, since you're probably going to fire Bob's sorry ass if he complains, he's not likely to push the point).

      --
      We live, as we dream -- alone....
  23. Re:Doesn't really surprise me by GauteL · · Score: 5, Insightful

    You are very wrong in your emphasis on selling binaries.

    It does not matter if you sell it, rent it, give it away, lend it or anything like that. As long as you distribute it, you have to abide by the GPL.

    You are however right in that they don't have to provide source unless someone requests it. Now someone HAVE requested it however, and they have to comply with that request.

  24. If we dont like the idea... by jordanpwalsh · · Score: 2, Interesting

    Then all we gotta do is not use lindows.

    1. Re:If we dont like the idea... by Anonymous Coward · · Score: 0

      No. Where did you get that idea?

      Lets suppose they are using code that I wrote. I decided that that code should be available to anyone who complies with the GPL terms. Then this company comes around. It takes my code, makes changes, builds binaries, and SELLS the product. That is offensive.

    2. Re:If we dont like the idea... by jcast · · Score: 1

      Hypothetical Example: I don't like the idea of the company down the street pumping polutants into the local river. I guess all I gotta do is not use their products?

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    3. Re:If we dont like the idea... by Anonymous Coward · · Score: 0

      Lindows has taken code from FSF projects and then violated the terms of the license under which that code was provided.

      This is called "theft".

      I like the idea that if a company has committed theft, then we can go to the law enforcement of the country we reside in, show that they have committed theft, and the government can make them return the stolen property and perhaps punish them in some way.

      I don't like the idea of having no recourse against a company that's committed theft besides a boycott.
      Living in a country with "laws" that make theft "illegal" is just.. nicer than that, i think. More convenient.

      Anyway, what if you're a red hat employee, and you wrote some of the gpl code lindows is using? You wouldn't be using lindows *anyway*, because you're a competitor. But wouldn't it still make you happy if you could get lindows to comply with the terms of the license agreement for the product they're *reselling*?

  25. Correct me if I am wrong. by Glanz · · Score: 1

    It seems to me that CodeWeaver's stuff is proprietary, isn't it? If so Lindows may not be allowed to reveal the Codeweaver part of what was implimented before the Codeweaver/Lindows divorce., which may be a big piece of their coded cake.

    --
    Rien n'est plus beau que le creux du 0.
    1. Re:Correct me if I am wrong. by ryarger · · Score: 1

      Fortunately, the GPL makes it very clear about when modification and extension to code must also be covered under the GPL. Basically, if the code is linked (statically or dynamically) to GPL code it must also be covered under the GPL.

      Therefore, the entire *cake* must be GPL, although the glass of milk and ice cream on the side doesn't have to be. (You can release a Linux distrobution that includes non-GPL software, but your non-GPL software must not be linked to any GPL software.)

      This is the so-called "viral" nature of the GPL and why it should be very easy for Lindows seperate out any non-GPL code and release the rest as they are legally obligated to do.

    2. Re:Correct me if I am wrong. by Glanz · · Score: 1

      Thank you for making that clear to me. Very concise. ThAnX

      --
      Rien n'est plus beau que le creux du 0.
  26. Codeweavers is behind it all by HanzoSan · · Score: 2

    Codeweavers is responsiblefor Wine switching to GPL, this is good and bad.

    Codeweavers is pretty much against Lindows and Transgaming, the whole "release the code" thing, codeweavers is trying to bully Lindows in the same way they bullied transgaming in the past.

    Transgaming released some of the code, but code weavers wants all of the code released most likely so they can use it in their product.

    Anyhow, theres more to this than just "release the code", if you look at the wine mailinng lists you can see the fighting between code weavers, lindows and transgaming.

    --
    If you use Linux, please help development of Autopac
    1. Re:Codeweavers is behind it all by Jack+Hughes · · Score: 1
      Hardly.

      The LGPL fork has only just happened. Lindows will be, as are Transgaming, still using the X11 code.

  27. A note is ok, just don't go too deep by r6144 · · Score: 1
    IANAL, but I think according to the GPL, they should offer the kernel sources of the beta versions anyway, since beta versions aren't that different from real versions.

    So I think FSF is right in giving the company a note about potential GPL violation --- just don't do real things (like firing lawsuits) before that caused any real trouble.

    And the Lindows company should provide the sources, maybe with the note "This software is beta, so if it breaks, please try not to spread bad words about our company", etc.

  28. Stallman's view???? by Glanz · · Score: 1

    I would really have Stallman's view and comments on all this. Anyone heard anything yet?

    --
    Rien n'est plus beau que le creux du 0.
    1. Re:Stallman's view???? by Glanz · · Score: 1

      No, he hasn't wavered. He also justifies his views with the whys and wherefores. That is why I value his views... he is capable of justifying them with an impeccable logic.

      Logic, BTW, is the pretty flower that smells bad.

      --
      Rien n'est plus beau que le creux du 0.
  29. FSF should sue *now* by smagruder · · Score: 2

    Lindows is certainly an admirable effort for bringing Linux to the desktop, but by GPL'ing it, they agreed to a contract. Contract law is contract law, and therefore, a lawsuit should be filed ASAP. This isn't about community whining, it's about the rule of law and protection of the GPL itself. Lindows CEO Robertson must be made to tow the line, before he gets his company and Lindows too far out of line. There shouldn't be any exceptions.

    --
    Steve Magruder, Metro Foodist
    1. Re:FSF should sue *now* by Ami+Ganguli · · Score: 2

      No, they shouldn't sue until all other options have been exhausted. The FSF deals with a lot of GPL violations. Most of them are just the result of misunderstanding and are resolved quietly. That's the best way to handle things if possible. The software is Freed, the company saves face, everybody is happy.

      I don't know why Robertson is being such a jerk about this, but if he now releases the source, then there's no long-term harm and that should be the end if it.

      If he says "screw you, I'll violate your copyright all I want", then that's another story. RMS should nail him to the wall. I don't know how much of othe code in Lindows belongs to the FSF, but I'm sure it's enough that RMS can put Lindows out of business, and he should do that if they refuse to obey the license. Remember that once the license has been violated, RMS holds all the cards. He can withdraw the license and refuse to let Lindows release their OS, ever.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
  30. give them a chance geez by HanzoSan · · Score: 2



    Let Lindows release before attacking it.

    --
    If you use Linux, please help development of Autopac
    1. Re:give them a chance geez by TotallyUseless · · Score: 1

      if you can buy it for $99 i would call it released, even if they dont want it to be considered released.

      --

      Time for some tasty Shiner Bock!
  31. Re:Nice hat by Anonymous Coward · · Score: 0

    The GPL explicitly states that in all cases of binary distribution, a detailed tutorial on the subject of dereferenced pointers must be included in full color with glossy pictures of little cartoon characters who bear uncanny resemblances to RMS, ERS, and GWB (which of course helps keeps the interest of those who otherwise wouldn't care), as well as instructions on how to run the tutorial, and futher a win32 version of said tutorial. Thus the GPL reasonably assumes that Joe Random, unlike yourself, has a good basic understanding of dereferenced pointers, and you must therefore supply Joe with the source code of any GPL'd binaries which you distribute regardless of having received compensation for the binaries themseleves. Of course, however, you do not have to supply the source code to the tutorial itself, since the copyright to that is owned by Jack Valenti's miniature poodle. By the way, your aluminum foil hat is crooked.

  32. Damn I hope I'm wrong... by MadFarmAnimalz · · Score: 5, Interesting

    but I have one word for this chap: LEECH.

    I was willing to give him the benefit of the doubt when I came across:

    Kword repackaged as Wordpublisher

    and other rebadged stuff

    Major credibility plunge there. Not to judge the rest of the package, but it looks more like they're just grepping through the source for places where they can splash the words lindows and/or Michael Robertson. No value added.

    Like I said, leech.

    --
    Blearf. Blearf, I say.
    1. Re:Damn I hope I'm wrong... by Spoing · · Score: 2

      That is interesting. While I think the renaming they're doing is at a minimum tacky, it's not against the GPL.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    2. Re:Damn I hope I'm wrong... by SirRichardPumpaloaf · · Score: 1

      And yet, when he was giving away music he didn't own he was Slashdot's hero. Go figger...

    3. Re:Damn I hope I'm wrong... by asv108 · · Score: 3, Insightful

      Well I can understand why they rebranded kword as wordpublisher, kword or kanything does not make any sense to the mainstream consumer. If they are trying to make a distro for the common user, its understandable why they would change some of the names around. I can understand why some of the developers would be upset but as long as the include they source it's perfectly legal.

    4. Re:Damn I hope I'm wrong... by lobsterGun · · Score: 1

      No...Not LEECH.

      SLEEZE. When referring to a marketing decision the proper adjective is sleeze. Eg: "Bob is the least sleazy marketer I know".

    5. Re:Damn I hope I'm wrong... by Anonymous Coward · · Score: 0

      I particulary like the screenshot of their 'SpreadSheetPRO' MainView. First it links their apowerpoint-clone, second, the window title reads: 'Kpresenter [modified]'

      Seems very professional indeed.

      <http://www.lindows.com/lindows_products.php?id =12&pg=screenshots&ss=3#bottomhalf> (remove funked slash-space after 'id')

    6. Re:Damn I hope I'm wrong... by Anonymous Coward · · Score: 1, Funny

      You must be wrong, because the picture of KWor^H^H uh, WordPublisher has a "crossed out" value of $229 (or $339 on the other picture). KWord is free, so it can't be that.

      Marketing really is bullshit, isn't it?

    7. Re:Damn I hope I'm wrong... by Anonymous Coward · · Score: 0

      When you click on Licensing on top of one of these pages, you can see where they get the software from.

      Btw Debian is on this list. Maybe they use .debs for their Click-and-run(TM) thing?

    8. Re:Damn I hope I'm wrong... by shepd · · Score: 1

      And I suppose he changed the artist's names and song titles for the mp3s as well then?

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    9. Re:Damn I hope I'm wrong... by SirRichardPumpaloaf · · Score: 1

      Huh? I don't understand your point.

    10. Re:Damn I hope I'm wrong... by TotallyUseless · · Score: 1

      sounds like he would have changed the artist names to his if he thought he could get away with it

      --

      Time for some tasty Shiner Bock!
    11. Re:Damn I hope I'm wrong... by dvdeug · · Score: 2

      Well I can understand why they rebranded kword as wordpublisher, kword or kanything does not make any sense to the mainstream consumer.

      And wordpublisher does? I almost think he may be shooting himself in the foot here; KWord sounds like a real product; wordpublisher sounds like a rebranded no-name ripoff.

      It's still incredibly tacky to rename the programs, even if it is legal. It makes it look even more strongly that he is trying to hide something. I haven't seen anything that says Lindows.com is an upright company; their actions remind more of a quick-rip off company, more like one of those that takes fonts from the net with no-distribute/no-commerical licenses, maybe bothers to rename them, burns them to CD and sells them for $15.

    12. Re:Damn I hope I'm wrong... by shepd · · Score: 1

      >Huh? I don't understand your point.

      Allow me to provide some more context to it then.

      "I was willing to give him [lindows] the benefit of the doubt when I came across:
      Kword repackaged as Wordpublisher
      and other rebadged stuff"

      [Lindows owner accused of renaming software and abusing the GPL to pretend the software is his to sell. ie: He plagarizes for profit]

      "And yet, when he was giving away music he didn't own he was Slashdot's hero. Go figger..."

      [Lindows owner accused of copyright violation without profit. (Giving away means free)]

      "And I suppose he changed the artist's names and song titles for the mp3s as well then?"

      [Lindows owner plagarizes material for personal gain, which is what the original thread is about]

      Catch my drift?

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    13. Re:Damn I hope I'm wrong... by mysidia · · Score: 1

      I think the renaming of applications may be good actually, since they're modifying them -- better to give them a different name, so that people don't come to expect LindowsOS' custom modifications whenever they hear KWord.

      In other words, they forked their source tree. Open Source folks do this all the time (look at how many ircd forks there are, all with different names!), suddenly a corporation does it and it's a bad thing for them to rename it and it has to be deplored.

      I say that renaming after a source fork is a common practice, it is a good one, because it helps avoid confusion, and that not all LindowsOS' makers actions are evil just because one action is evil. They only approach "leech"dom because they have not made source available, not because they used Open Source code, and certainly not because they renamed after a fork.

    14. Re:Damn I hope I'm wrong... by dvdeug · · Score: 2

      I think the renaming of applications may be good actually, since they're modifying them

      So? Almost every distribution modifies almost every major package in some way, usually patches to make it work with that distribution or some hack that's deemed neccessary for the distribution, but not yet acceptable to upstream. The good distributions/maintainers spend the time to merge those patches, but they can seem to accumulate some times.

      In other words, they forked their source tree. Open Source folks do this all the time (look at how many ircd forks there are, all with different names!)

      There's a difference between forking an IRC daemon and forking a serious word processor. I'd bet a decent programmer could hack out an IRC daemon in a weekend. The IRC daemons out there already do pretty much anything that people want; what's left is mainly vanity hacking.

      A word processor, on the other hand, is a lot of work, and there are no solutions that will do pretty much everything we would want done. A fork will drain people working on it, and waste people's time in merges. No small group of people is going to quickly produce a WordPublisher distinctly different from KWord, and it'll be much better if anyone working on what is basically KWord is actually working on KWord.

      Lindows' fork looks more like a one way fork; it looks like Lindows has a bunch of patches to KWord, and even if they release the source, they won't submit them upstream or do the least bit of work to get them merged. So WordPublisher gets all the benefit of KWord, without actually helping KWord out.

    15. Re:Damn I hope I'm wrong... by MHV · · Score: 1

      You know what's better? When you are on their (ahem!) "Warehouse" page, the crossed-out price for WordPublisher is 339$; it's 179$ for PresenterPlus; and for 299$ SpreadsheetPro. Now click any of these ads, and you'll see the price dramatically reduce: instead of saving 339$ for WordPublisher, I'm saving only 229$ if I get it for free! And the same goes for the other software...

      Reminds me of that old joke: a man comes after work to his house, and tells proudly his wife "Darling, you won't believe what genial idea I've had to save us money! Instead of taking the bus to go to work, I ran behind it and saved 2.25$ !" His wife, angried, answers "You damn fool! Why didn't you run behind a cab? You would have saved at least 10$!"

  33. Oh, come on! by Anonymous Coward · · Score: 5, Informative

    I know all the parties who are around this mess, so I'm posting as anonymous - who knows...

    Lindows release PR2. It's the EXACT same thing as Xandros OS which also went out with beta 1 (not public). Xandros, if I recall correctly, doesn't give the sources (yet), so why the FSF doesn't nit-picking them? Is it just because Lindows got a much better PR then Xandros?

    You really want Lindows sources? here's what you'll need to do:

    * Grab Corel Linux OS (the latest one which you can grab), apply KDE 2.2.2, kernel 2.4.18, nvidia binary drivers, XFree 4.1.0, and remove all the servers services (sendmail, ssh, you know the suspects).
    * Grab WineHQ CVS snapshot + Freetype 2.0.8 and turn fonts hinting on - now you got the wine part. That doesn't mean you can install MS Office since this needs few tricks to make it run, simulate reboots, hack tons of registry tricks, etc - but it's more or less the same Wine..
    * The Lindows installer - same as Corel Linux installer, hacked a bit to support more devices and updated more...

    Thats it! thats the whole thing, more or less - (well, Lindows got Xandros file manager - which sucks, anyway - and I think it's a closed source) and Lindows got their app which does apt-get install some stuff from their web site, and no Konsole icon...

    So FSF people - I would suggest you WAIT for the final release. There are other Linux distributions who did some tricks also with their source code (guess who's the company who didn't release in their beta their partition resizing tools source code?)

    1. Re:Oh, come on! by Anonymous Coward · · Score: 0

      You are HeUnique.

    2. Re:Oh, come on! by HeUnique · · Score: 2

      Nop, I'm HeUnique, and the parent poster have few mistakes (kernel, kde version, Wine version, etc - all wrong versions - check the ISO yourself)...

      Also, the package got more then Corel installation, and they have their "click-n-run" which is not exactly apt-get, and some other conflictions...

      --
      Hetz (Heunique)
    3. Re:Oh, come on! by Shiny+Metal+S. · · Score: 2

      You really want Lindows sources? here's what you'll need to do: [...]

      You forgot about the most important final component.

      --

      ~shiny
      WILL HACK FOR $$$

    4. Re:Oh, come on! by kidlinux · · Score: 1

      If you check the Xandros downloads page, you'd see that Xandros hasn't relased anything yet, and as such, aren't required to release the source either.

      --
      -kidlinux.
    5. Re:Oh, come on! by prizog · · Score: 2

      "so why the FSF doesn't nit-picking them?"

      We are looking into it now. Thanks for the report!

  34. Enforcing the GPL by totallygeek · · Score: 2
    Just one question about the GPL....


    With most people following the GPL not making tons of money from their efforts, who will enforce the following of the GPL? I mean, boycotts do not work, and the masses will purchase something without knowing what it means. "Excuse me sir, what is the GPL?" The response would be, "Huh?".

    1. Re:Enforcing the GPL by Anonymous Coward · · Score: 0

      Ever heard of the Free Software Foundation?

    2. Re:Enforcing the GPL by totallygeek · · Score: 2

      Ever heard of the Free Software Foundation?


      Yes, I have. But, what I was saying is that the majority of software purchasers have not. And, if someone comes out with a popular piece of commercial software and breaks the GPL, most people would not really care about the free software plights. It would take some heavy money to sue, and unfortunately, there just is not that much to go around.

    3. Re:Enforcing the GPL by dvdeug · · Score: 2

      With most people following the GPL not making tons of money from their efforts, who will enforce the following of the GPL?

      The court system. If someone violates the GPL on your program, you can go to a court and point out that you own the copyright on this piece, and that they are using it in violation of any license you may have given them. Then it becomes a very standard copyright infringement/contract violation lawsuit.

      Of course, you don't go to court until you've tried talking it over first. Lawyers are expensive, and courts don't like it when the parties haven't already tried to come to an agreement.

    4. Re:Enforcing the GPL by totallygeek · · Score: 2

      If someone violates the GPL on your program, you can go to a court and point out that you own the copyright on this piece...

      My point exactly! People that write software and free software foundations do not have the funds to muscle many commercial ventures that abuse the GPL. Right and wrong has nothing to do with expensive discovery and an ignorant public/court system. The people that buy most commercial software products do not understand the ins and outs of the free-software movement. Hell, most think shareware means you have to download the program once a month or it stops working.

    5. Re:Enforcing the GPL by dvdeug · · Score: 2

      People that write software and free software foundations do not have the funds to muscle many commercial ventures that abuse the GPL. Right and wrong has nothing to do with expensive discovery and an ignorant public/court system.

      Every time the FSF has demanded a violation of its copyright be fixed, it was fixed without going to court. Copyright law is fairly clear, and nobody is going to win a court case where they clearly ripped off the GPL, and companies know this.

      If you have enought money to go through with the court case and justice is clear, then justice will prevail. Judges are neither dumb nor blind, and a lot of them are there because they believe in justice.

  35. Re:No, *DO NOT* Let Lindows do what they want by Anonymous Coward · · Score: 1, Interesting

    Lindows may be trying to discourage public criticism of their operation by holding back the source until they make "An official release". If Lindows is subject to public attacks from the GPL community (in addition to microshaft, etc.) a public release may never occur, and any source code could be lost.

    This company appears to be very willing to take advantage wherever possible, but not fulfill its obligations. It seems to be selling right now a binary-only commercial product based mostly on GPL'd code. Lindows must release the source immediately.

  36. That's the catch, though... by Chasing+Amy · · Score: 4, Insightful

    Lindows isn't selling their distribution yet, reall--they're letting people pay for the privilege of being beta-testers; the final product isn't even done yet. Beta testers are commonly defined by their contracts/livenses as employees and forbidden from distributing copies of the beta software. So, Lindows has a real point here. They're not publicly distributing their OS or selling it to the public yet, so they don't need to release source yet. It's only available for beta testing and in most of the software world, that's considered internal.

    So, I see no problem here--as long as the code is released once the product leaves beta. Though, it does open the possibility for an interesting loophole--perpetual beta! Of course, if they kept the product in beta indefinitely while selling their product through beta-tester registration fees, I'm sure a Court would easily determine they're acting in bad faith and violating the GPL. I just thought I'd point out that scenario before someone else did. :-)

    --

    Chasing Amy
    (We all chase Amy...)
    "The more corrupt the state, the more numerous the laws"-Tacitus
    1. Re:That's the catch, though... by Spoing · · Score: 2
      While I agree that they should be given some slack. Since I'm not a copyright holder or a Lindows beta tester what I say means jack, ofcourse.

      They have distributed a binary that came from GPLed source. The GPL requires that those who recieve the binaries must be given the source if they request it.

      I don't think that they should be hounded and harrased, but they should also make a good faith gesture to show that Lindows inc. is not (as one person has said) a leach. With this being an issue now, they should do something more positive to show that they respect these licences.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    2. Re:That's the catch, though... by BlueWonder · · Score: 2
      Beta testers are commonly defined by their contracts/livenses as employees and forbidden from distributing copies of the beta software. So, Lindows has a real point here. They're not publicly distributing their OS or selling it to the public yet, so they don't need to release source yet.

      I don't think the GPL distiguishes between public distribution and distribution within an organisation. Whoever recieves the binaries is entitled to recieve the source. This is no different from proprietary licenses - you cannot buy a single license for a prorietary program and then install it on all computers within your company.

    3. Re:That's the catch, though... by cpuwizard · · Score: 1

      I agree in part. The last thing people need is for a bunch of incomplete patches to be made to the public.

      However, if they wanted to play nice with the GPL, they should at least allow anonymous cvs access to their code while it's under development. Even if no one would really like to use the code yet.

    4. Re:That's the catch, though... by 0x0d0a · · Score: 1

      I hate to say it, but it would probably be a good move in terms of establishing prescedent for the EFF/FSF to sue the Lindows people.

      It sucks from a real world perspective, given what the Lindows people are trying to do, but frankly, distributing a beta is still distributing binaries, and must be accompanied by source. To do otherwise and have it slide would open the GPL to abuse down the line.

      I don't see why the Lindows people don't want to release source. Hand it out to their beta testers. No biggie. Snapshot their CVS.

    5. Re:That's the catch, though... by TooTallFourThinking · · Score: 1

      That's an interesting point. I am going to have to re-read the GPL to see how it effects those within the organisation. As far as I had thought, as long as the software was distributed in house and not to the public, they don't have to release the source code. It is only when it is being distributed outside the company does the source code need to be accompanied with the software or at least able to be requested.

    6. Re:That's the catch, though... by ShawnH · · Score: 1

      You mean this contract?

      Lindows.com Insiders Sign Up

      Confidentiality Agreement & Disclaimer

      1) As a Lindows.com Insider you agree to make your best efforts to keep the information you obtain through the Insider program confidential.

      2) You understand that LindowsOS is not a product from Microsoft.

      Please acknowledge that you have read and agree with the Confidentiality Agreement and Disclaimer above by typing your initials in the box below and clicking on the 'I Agree' button.

      If you are not in full agreement, please click on the 'I Disagree' button and you will be taken out of the sign-up process.


      Nothing about being an employee, and I am paying for this?

    7. Re:That's the catch, though... by Anonymous Coward · · Score: 0

      Mmmm. Paying. Mmm. 99$. For Lindows.

      Looks. Like. Selling. To me.

      Mmm. Moron. You. My friend, big time.

    8. Re:That's the catch, though... by Anonymous Coward · · Score: 0
      harrased
      Repeat after me: her ass, her ass, her ass, har-ass.

      Remember, kids, that's one r and two s's.

    9. Re:That's the catch, though... by mr3038 · · Score: 3, Informative
      Lindows isn't selling their distribution yet, reall--they're letting people pay for the privilege of being beta-testers; the final product isn't even done yet. Beta testers are commonly defined by their contracts/livenses as employees and forbidden from distributing copies of the beta software.

      Hmm... lets see what FSF has to say.

      "Does the GPL allow me to distribute a modified or beta version under a nondisclosure agreement?":

      No. The GPL says that anyone who receives a copy of your version from you has the right to redistribute copies (modified or not) of that version. It does not give you permission to distribute the work on any more restrictive basis.

      " Does the GPL allow me to develop a modified version under a nondisclosure agreement?"

      Yes. For instance, you can accept a contract develop changes and agree not to release your changes until the client says ok. This is permitted because in this case no GPL-covered code is being distributed under an NDA.

      You can also release your changes to the client under the GPL, but agree not to release them to anyone else until the client says ok. In this case, too, no GPL-covered code is being distributed under an NDA, or under any additional restrictions.

      The GPL would give the client the right to redistribute your version, but in this scenario the client will choose not to exercise that right.

      I understand this as: it's okay to develop under NDA (that is, you have access to source, but you're not allowed to distribute anything) but it's not okay to work under NDA and receive only binary. Of course, if this interpretation isn't correct, GPL could be circumvented by "hiring" all the users as employers for the wage of -99 bucks.

      --
      _________________________
      Spelling and grammar mistakes left as an exercise for the reader.
    10. Re:That's the catch, though... by zCyl · · Score: 2

      Lindows isn't selling their distribution yet, reall--they're letting people pay for the privilege of being beta-testers;

      And how would this be different from them letting people pay for the priviledge of being final-version-testers?

    11. Re:That's the catch, though... by roybadami · · Score: 1

      As far as I had thought, as long as the software was distributed in house and not to the public, they don't have to release the source code

      IANAL, but I think you're right. The point is that if you're acting in your capactity (say) as an employee of an organization, then it's the organization that's producing the derived work, doing the internal distribution, etc, not the employee -- so when you read the licence, you have to read you as refering to your organization.

      If the organization now distributes the binary code internally (for business use, rather than for use by employees in a personal capacity) then the organization is giving itself copies of the code, and is therefore obliged to give itself copies of it's source, which by definition it already has. No problem.

      You probably have to be slightly more careful if you distribute it to subsidiaries, parent companies, group members, etc.

      I can't see that any of this applies to Lindows. In no way can the Lindows beta-testers be regarded as acting as agents of the company here, so it seems clear that this isn't just internal distribution (ie it isn't just Lindows, Inc giving a copy to Lindows, Inc which wouldn't really be distribution at all. It's Lindows, Inc giving a copy to a third party. NDA or no NDA they need to give the source, too.

      Question for GPL-experts. Isn't the NDA (which, as I understant it, prevents the beta-testers from redistributing the binaries) a further breach of the GPL?
    12. Re:That's the catch, though... by roybadami · · Score: 2, Insightful

      " Does the GPL allow me to develop a modified version under a nondisclosure agreement? [gnu.org]"

      Yes. For instance, you can accept a contract develop changes and agree not to release your changes until the client says ok. This is permitted because in this case no GPL-covered code is being distributed under an NDA.


      I think you misunderstand. In this example, a company tells a third party contractor to take the original, public copy of some GPL'd code, and have them develop a modified version.

      This is OK; if the company distributes anything to the contractor, it's the original, unmodified public source, which of course everyone already has access to.

      The contractor produces his modified version, and then gives his modified version back to the company that's paying him. This is distribution, but it is fine as long as he gives the company source (which is of course what they're paying him for).

      So this example is irrelevent and has no bearing on Lindows.
    13. Re:That's the catch, though... by RelliK · · Score: 2
      I don't think the GPL distiguishes between public distribution and distribution within an organisation.

      It doesn't. But a corporation is a legal person, so all employees comprise one entity. When a piece of software is distributed internally, it never leaves the entity, so there is no distribution.
      Your comparison with a proprietary license makes absolutely no sense.

      --
      ___
      If you think big enough, you'll never have to do it.
    14. Re:That's the catch, though... by BlueWonder · · Score: 2
      Your comparison with a proprietary license makes absolutely no sense.

      Could you please elaborate? Are you saying that, if a prorietary license states that a program may be used by a single person at a time, this program can still be used by all employees of a company simultaneously, because it's then only being used by a single legal person (i.e., the company)?

    15. Re:That's the catch, though... by aasm · · Score: 1

      there is a diference between "a single person at a time" and "can only be installed in one computer at a time"

    16. Re:That's the catch, though... by jcast · · Score: 1

      Ah, there's the rub---is that the only contractual obligation associated with downloading a beta-test? If so, the beta consitutes ``distribution'' and must have accompanying source or the written promise of a source CD.

      So, is that the only contract?

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    17. Re:That's the catch, though... by BLAG-blast · · Score: 1
      It's only available for beta testing and in most of the software world, that's considered internal.

      Alpha testing is normally internal only, Beta testing is when you involve third party testers (normally people/companies who want to buy your product).

      --
      M0571y H@rml355.
    18. Re:That's the catch, though... by Chris+Johnson · · Score: 5, Insightful
      But that's EXACTLY the problem- it is REALLY a violation of the GPL to forbid people to distribute copies of the software. That is a far more serious offense than, say, charging money for the software.

      Calling it beta testing is frankly bullshit- WHAT Free software is really, truly 'done'? What proprietary software is? The whole concept falls apart. In regards to Free software there is NO SUCH THING as 'beta'. It is ALL like a growing organism as opposed to a manufactured product. There is also NO distinction between 'consumer' and 'producer'. The GPL uses legal, binding language to establish this state of affairs and there isn't a word wasted. It doesn't HAVE to define 'beta' software: software is software to the GPL. Calling it beta doesn't stop it being software and turn it into, for instance, office supplies, staplers, ballpoint pens. It is GPLED SOFTWARE, and to effectively forbid the distribution of copies AT ANY level would mean losing the right to distribute the GPLed software at all.

      Read that again. "To effectively forbid the distribution of copies AT ANY level would mean losing the right to distribute the GPLed software at all." If you give a copy of GPLed code to YOUR EMPLOYEE and he wants to distribute his copy on the internet, your only recourse is to forbid your employee from doing so- meaning that he cannot legally comply with your restriction and the GPL at the same time- meaning that he can't legally produce GPLed code under those conditions! (normal companies treat GPL coding as a public process in the first place, making it a nonissue whether the person posts their code or not).

      Your employee might have no reason to want to post their first draft of modifications to GPLed code on the internet. But you as an employer CANNOT FORBID them to do so without placing them in a situation where they can't legally work on GPL code at all- if they can't distribute, they don't have rights, and if they don't have rights they have no business making modifications for eventual distribution. You can't set up sweatshops for hacking on GPLed code- the license doesn't allow it.

    19. Re:That's the catch, though... by Anonymous Coward · · Score: 0

      And if that single computer just hpapens to be
      a server such that multiple clients are able to
      connect and run the software?

    20. Re:That's the catch, though... by Anonymous Coward · · Score: 0
      not (as one person has said) a leach.

      That should be "leech", not "leach". Mod the other spelling nitpicker down for not noticing that.
    21. Re:That's the catch, though... by RelliK · · Score: 2

      I don't think you understand the difference between proprietary "licenses" and a real license, such as GPL. All proprietary licenses are actually unilateral contracts: they require you to agree to their terms as a condition to using the software. In that way, instead of granting you privileges (which is what license is -- a grant of rights you don't normally have), they proceed to take away your rights.

      GPL, however, does no such thing. You can do whatever you want with a piece of software that is distributed under GPL and you are not required to agree to any "license". The only restriction is that should you decide to distribute the software yourself, you must include the source (in a way spelled out in the GPL). So, GPL does in fact grant you more rights than you normally have -- you are normally not allowed to distribute someone else's copyrighted code.

      Whether, in the case of proprietary software, there is distribution is a moot point -- the terms of the contract forbid you from using one copy on multiple machines or by multiple people, and put other restrictions on the use of the software. Whether such terms are enforcible is a subject of a different discussion, but these are the reasons for the difference between proprietary "licenses" and GPL.

      --
      ___
      If you think big enough, you'll never have to do it.
    22. Re:That's the catch, though... by BlueWonder · · Score: 2

      I do understand the difference between the GPL and proprietary licenses, but unfortunately I still don't understand your point. :-(

      So let me ask again: If I have a propietary licence which does allow me to install the program on as many computers as I like, as long as it is only used by a single person at a time, can all employees of a company use the program simultaneously? If no, why not? If the company is considered a single person, the license doesn't forbit it, so I assume it must be forbitten by copyright law. But on the other hand, the GPL does not allow distribution without source, so if distribution of a GPLed program within a company (without source) is allowed, this must be allowed by copyright law?

      Excuse my many questions, but I have the impression that your copyright law is very different from the copyright law in my country, which confuses me... :-)

    23. Re:That's the catch, though... by RelliK · · Score: 2
      So let me ask again: If I have a propietary licence which does allow me to install the program on as many computers as I like, as long as it is only used by a single person at a time, can all employees of a company use the program simultaneously?

      I have never seen such a license myself, but even if it did exist, I would say no. The license would likely say that it applies to people, not organizations. Even if it did not say it explicitly, it would be trivial to show in court that this is the meaning. A corporation is a legal person but not a natural person. There is a difference. That, of course, is just my opinion. I would like to know what RMS thinks.

      P.S. remember that a license is a *contract*. There is more to it than just copyright. Notice that all of the proprietary licenses contain provisions that are not normally the rights of the copyright holder(s). GPL, however, is based entirely in copyright law: it does not attempt to make you accept a contract as a condition to using the software.

      --
      ___
      If you think big enough, you'll never have to do it.
    24. Re:That's the catch, though... by BlueWonder · · Score: 2
      I have never seen such a license myself

      I have quoted this from an actual proprietary license (some 1980s BBS client).

      The license would likely say that it applies to people, not organizations. Even if it did not say it explicitly, it would be trivial to show in court that this is the meaning.

      Then wouldn't the same apply to the GPL? I'm pretty sure its meaning is not that a GPLed program can be distributed in binary-only form to all departments and subsidiaries of a large company, which may well comprise ten thousands of people worldwide.

      I would like to know what RMS thinks.

      I have asked on a GNU mailing list - let's see who reads it. ;-)

      GPL, however, is based entirely in copyright law: it does not attempt to make you accept a contract as a condition to using the software.

      I know that, but I am still not convinced that "using the software" includes distribution within a company. :-) If copyright law doesn't grant you this right, you would have to accept the GPL. As section 5 of the GPL clearly states, you accept it by doing something which the GPL allows, but copyright law does not (e.g., distribution).

    25. Re:That's the catch, though... by RelliK · · Score: 2
      I'm pretty sure its meaning is not that a GPLed program can be distributed in binary-only form to all departments and subsidiaries of a large company, which may well comprise ten thousands of people worldwide.

      That's a moot point since the company can require the employees not to distribute the company's code to any third party. In fact that's the condition you normally have to agree to as a condition of working at said company. If you write some code as part of your employment, the company owns it -- not you. That's the rule even if your employment contract does not say it explicitly. Therefore, the company is the only enitity that can authorize the distribution of the code to any third party.

      Since the company does not hold copyright on the unmodified version of a GPL program, it cannot forbid you to distribute that version, but that's not particularly useful since the unmodified version is publicly available anyway. However, the company does own copyright on any and all modifications/additions made to the program. Therefore, you are not allowed to distribute those modifications without the company's permission. And if said company chooses to keep the modifications proprietary, you are not allowed to release them to third parties.

      The key point is that you do not own the code you write for your employer -- this weird entity called the corporation does -- therefore you have no right to distribute that code without your employer's permission.

      --
      ___
      If you think big enough, you'll never have to do it.
  37. Windows Source by Perdo · · Score: 2

    What do you want to bet Lindows contains some Windows source that they are busy cleaning up before final release? or they are using strait Windows binaries in some cases that they cannot release the source for because they don't have them. Perhaps they stuffed them in some sort of .pak file but they would be there for all to see if they released the source now. Who knows?

    What I would like to know is what is the definition of an "End User"? Anyone outside the company that gets a binary should have the source? If that is the case is there any way for the big distros to compete with each other without destroying the whole?

    --

    If voting were effective, it would be illegal by now.

    1. Re:Windows Source by t_hunger · · Score: 1

      If they did then they are in legal trouble. Too bad for them. They had the license terms in their hands when they started out, if they did not read them carefully (maybe even getting advice from some lawyers) then it's their fault, not the fault of the community.

      Bitching about the community being mean to all those poor linux-based companies is just stupid!

      --
      Regards, Tobias
  38. Consumer by Hellburner · · Score: 3, Insightful

    "We battled for the consumer at every step."
    Danger, Will Robinson.
    Call me user, call me prole, hell call me Ishmael,
    but when I am "consumer" little warning lights go off. I suddenly become the doofus who doesn't need to be troubled with all that irritating source. You know what, I wouldn't do a damn thing with the source. But the fact that he waffles about releasing it brands him as someone who has used other people's work to create something that HE SELLS. He received information and will not return his contributions to the pool.
    That kind of behavior is bullshit.
    "And while the code is important, that is not what it will take to get Linux to "20 million desktops." Robertson says to help more people understand Open Source, better marketing and lobbying is needed. "And yes, battling Microsoft and their huge coffers which influence OEMs, retailers, politicians, and the press in ways you only understand if you talk to them personally, which I have."
    Huh...one way of understanding open source is...to release the source.

  39. Hmmm by jgerman · · Score: 4, Interesting

    Robertson seems dismayed by the FSF's attempt to enforce the GPL. "No wonder there's virtually no healthy Linux companies. The community seems to attack them when the real focus should be elsewhere."



    So what's he trying to say here, we shlould ignore gpl violations because they're on our side? No. That's a good bit of the reason we don't like MS. They bend the rules for those on their side, admittedly they use strongarm tactics to force companies into it, but that's beside the point.

    --
    I'm the big fish in the big pond bitch.
    1. Re:Hmmm by Havokmon · · Score: 2
      "The community seems to attack them when the real focus should be elsewhere."
      So what's he trying to say here, we shlould ignore gpl violations because they're on our side?

      No.. He's saying lets spend our time and money working on the product, and not fucking around with licenses for an incomplete product. So you people will stop whining about why Linux isn't on the desktop.

      This isn't some piece of shit software stuck up on Sourceforge. There's REAL business here, spending REAL money, and investing in the community.

      Hell, depending on how you look at it, Lindows.com paid Codeweavers to write Crossover Office, and now Codeweavers can sell it as their own.

      Then you wonder why busniness don't like GPL. Are you saying Lindows.com should take resources AWAY from creating a viable product, so you can have access to GPL'd source code that may have some minor (kword = word publisher) changes, that aren't yet ready to be released?

      Oh that's definately a good use of resources. I wonder why we don't see more GPL programmers running companies? Who would have thought that during the building process, some schmuck would have come along and said "I want to see everything you've done up to this point, and I don't care if it's complete or not."

      Business is about making money. You want the release date pushed back farther? Go ahead and push. How does that help? What will you get out of it? Lycoris + Crossover Office? I'm sure that'll be worth it.

      I see we're in Team OS/2 mode again.. Sometimes you people are worse than backseat drivers.

      --
      "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  40. The GPL might have a hole here by kju · · Score: 2

    I might be completely wrong or misunderstanding the GPL, but...

    If you read the GPL you will notice that it says that you have to ACCOMPANY the source or the offer of the source TO THE DISTRIBUTED BINARY.

    Which means that you have to offer the source only to the people who you have given the binary to. So currently i think only the members of the beta program are in a position to demand the source.

    1. Re:The GPL might have a hole here by Anonymous Coward · · Score: 0

      "So currently i think only the members of the beta program are in a position to demand the source"

      And what if the person in the beta program would like to send me a copy of the binaries Lindows is distributing? How are they to do that? Anyone here have a copy of the binaries they are selling?

  41. Shut up or get the hell out of dodge. by Anonymous Coward · · Score: 2, Insightful

    Redundant? Most likely. Troll? Hardly.

    Guess what, people? The GPL is a license. Be it a 'good' license or a 'bad' license is up to the individual software developer. Whether or not they think they can 'ignore' the rules of that license is most certainly not.

    "It's only beta!" "They'll release it when they're ready!" No deal. You use the GPL, you release the source with the binaries. Last time I checked, there's no 'Beta-version Exception Clause' or 'But Really, When It's Convenient Paragraph'.

    "This type of behavior soils the image of GPL software in the eyes of business/home users/your mother.." /bull/shit. This can only help deliver credibility to GPL code. If you're a business, what do you choose? Those freelance hobbiests who ask nicely if people would please please pretty please follow their rinky dink little license, or the vicious horned beast that protects its own interests?

    Call me crazy, but I'd choose the latter. Businesses sure as hell won't take GPL'd software seriously if we let others walk all over us.

  42. but it seems they arenot getting it either by Edmund+Blackadder · · Score: 2

    By the way i dont think it is a whole, i think it simply is a provision that allows people to sell open source software.

  43. Don't bite the hand that feeds you by acoustix · · Score: 4, Insightful

    Subject says it all.

    There is a lot of excitement around Lindows. Especially for people who use Windows, but are too afraid to start into Linux. Lindows has a very good chance of becoming popular and gaining some market share if it does everything it says it will.

    So I propose that we let them tweak their software with these beta releases. Then when they release a final version we will see the source code. Why do we need to see it now? It almost sounds like a bunch of three-year-olds that can't wait to open presents.

    I don't need to see the source code to make any fixes. That what the Lindows programers get paid for. So let them do their jobs and when Lindows is released THEN we can poke at the code.

    --
    "A plan fiendishly clever in its intricacies"- Homer Simpson
    1. Re:Don't bite the hand that feeds you by gilroy · · Score: 4, Insightful
      Interestingly, I think this proverb cuts exactly the other way. Lindows is getting material and monetary benefit from all the unpaid work of all the Linux coders who came before. They released their work into the wild without compensation, in the understanding that follow-ons would adhere to the same principle, thereby encouraging the growth of useful projects. Now Lindows comes along and says, "Well, shucks, thanks for making all that code available to us -- it's been downright useful. But if you want to see what we came up with, well, sucks to be you."


      This is just another case of the digital commons being fenced off to benefit a few sheepherders. It's better to stop it early than when it has momentum.

    2. Re:Don't bite the hand that feeds you by Anonymous Coward · · Score: 0

      Why do we need to see it now? It almost sounds like a bunch of three-year-olds that can't wait to open presents.

      Because if I would like to make changes for myself I need the source. It's the whole point of the GPL, to prevent companies from keeping code they have not written secret, forget what they wrote and may be able to keep closed, I am concernced about code they are selling and distributing without source NOW, they have NO right to do this.

    3. Re:Don't bite the hand that feeds you by dachshund · · Score: 2, Insightful
      So I propose that we let them tweak their software with these beta releases.

      I'd have a little bit more sympathy for your argument if they weren't charging $99 for their beta releases. That's a pretty high price to charge someone who's supposedly going to be helping you tweak your software.

      Now, I don't think it makes much of a difference under the GPL whether they're charging or not. But the fact that they're making a profit by selling sourceless GPLed code certainly hurts their "good-faith" argument in my eyes.

    4. Re:Don't bite the hand that feeds you by carm$y$ · · Score: 4, Insightful

      There is a lot of excitement around Lindows. Especially for people who use Windows, but are too afraid to start into Linux.

      Exactly for this reason, they *should* release the code. The have no chance at beating or "harming" M$ in a one-to-one fight, with rules that M$ not only masters, but over the time suggested, improved, and outright invented.

      Microsoft is afraid of GPL, you can see this. GPL may have it's shortcomings, but on the short run, whatever is seen as a threat by M$ - and is not illegal, obviously - must be used against them.

      --
      -- No sig today
    5. Re:Don't bite the hand that feeds you by Anonymous Coward · · Score: 0

      Why do we want people to switch to linux? Because it's open, not propietary, not controlled by big companies, and usually free. So why is people switching to Lindows a good thing? Sounds like they are abusing the name "linux" more than abusing the name "windows" here.

    6. Re: Don't bite the hand that feeds you by pbryan · · Score: 2

      First, the whole premise of your comment seems to be that Lindows.com gaining market share is somehow important, especially to the Linux community, and that this somehow supercedes people's rights in their own work. This premise seems flawed, or at least requires some supporting evidence.

      Lindows has a very good chance of becoming popular and gaining some market share if it does everything it says it will.

      Why should this be a concern to the numerous people who made their work publicly available, but only on certain conditions -- conditions which apparently Lindows.com is not meeting?

      Why should this be a concern to a person who purchased a license, on the basis that Lindows.com is derived from GPL software, and who now wants to track down a bug or customize the software in some way?

      The success of Lindows.com is Lindows.com's concern, not anyone else's. Their market share is their responsibility, not ours. Lindows.com has a tremendously difficult task ahead -- but it's their responsibility.

      If Lindows.com is going to use other people's work, then today, under current intellectual property law, an obligation falls on Lindows.com to abide by the terms of the license under which it was supplied. If it can't do this and be successful at the same time, then it should fail.

      So I propose that we let them tweak their software with these beta releases. Then when they release a final version we will see the source code.

      When did you (or I, for that matter) get to decide what happens with other people's work? People worked hard on their software, and allowed us to see, use, improve, communicate about and collaborate on it. They dictate how their software is used, not us. This is not a democracy. We don't get to vote on how other people's work is licensed.

      Why do we need to see it now? It almost sounds like a bunch of three-year-olds that can't wait to open presents.

      Lindows.com must supply source because it those are the terms of the GPL. Actually, to be precise, we don't need to see it now. Lindows.com only has an obligation under the GPL to provide the source code to those who received binary versions of their software.

      --

      My car gets 40 rods to the hogshead, and that's the way I likes it!

    7. Re:Don't bite the hand that feeds you by Phroggy · · Score: 2

      So I propose that we let them tweak their software with these beta releases. Then when they release a final version we will see the source code. Why do we need to see it now?

      Who's "we"? People who read Slashdot? Or people who have devoted countless hours to writing software that Lindows is now using illegally?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    8. Re:Don't bite the hand that feeds you by Havokmon · · Score: 2
      Who's "we"? People who read Slashdot? Or people who have devoted countless hours to writing software that Lindows is now using illegally?

      Illegally, heh. You make it sound like they're selling drugs to kids. They don't have a product. They're selling memberships that allow users to get sneak preview packages, and a final 1.0 release of their package.

      So what you're saying is because Lindows.com has put actual money behind a potential product, which uses code that was donated, Lindows.com should be donating that potentially expanded code back, even though they're not ready to yet. So far all these posts are assuming all code that Lindows.com has is GPL. Their WINE is X11, they don't have to give that back.

      Yep. Let's move all their resources away from releasing a product, to putting up a public CVS server with only GPL'd code. Sure, money grows on trees. Seems like a sound business decision to me.

      --
      "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  44. Blame the GPL by Anonymous Coward · · Score: 0
    For all the benefit that the Linux and OSS community has received from the GPL and LGPL, it's only fair to say that as licenses go they suck. Why? How many people really understand what they mean, particularly when you get into finer details like dynamic linking, the exact timing of when you do and don't have to provide source code, etc.?

    This kind of uncertainty hurts the Linux and OSS movements a lot, particularly with businesses. The one thing businesses hate above all else is uncertainty, and when the whole world sees the Linux/OSS community arguing constantly in public about what the GPL and LGPL "really" mean it only adds to that uncertainty.

    More than ever we need a rewrite of these licenses that lays out in crystal clear prose what you can and cannot do and what you are and are not obligated to do. (And removing the stupid political bullshit from the licenses sure wouldn't hurt the cause, either.)

    1. Re:Blame the GPL by Anonymous Coward · · Score: 0

      I definately agree with this. I've been browsing through both the GPL and LGPL, and frankly, if you use 'IANAL' at all, ever, you more than likely won't have a clue when it comes to deciphering the two licenses.

      I'm not quite sure if they *could* rewrite the licenses, though. What would be great is a nice outline, prepared by a lawyer, posted in a well-known place detailing exactly what you can and can't do under the two licenses, in plain English (And other languages as well. ;))

      If there's already something like this availible, someone point it out and give it some publicity? While most everyone who uses Linux can figure out the basics of the GPL/LGPL, there's far too many who haven't a clue what all the minute details are. :p

  45. KWord by dousette · · Score: 1

    They even kept the .KWD extension! How funny!

  46. Is there a ls -laR of the Lindows beta? by raph · · Score: 2

    I would greatly appreciate a listing of the files
    in a Lindows install. If you can do this, please get in touch.

    --

    LILO boot: linux init=/usr/bin/emacs

  47. All we're asking is compliance with copyright by Brian+Knotts · · Score: 2
    If "Lindows" was based on someone else's proprietary code, you better believe the copyright holder would hold them to compliance with the copyright.

    It doesn't work any differently with GPL. If you want to redistribute software that is GPL, you are required to do so under the terms of the GPL, because nothing else grants you the right to redistribute the software.

    This isn't whining; it's just a request for license compliance.

    "Beta" versions are not granted an exception to the terms of the GPL; if you are redistributing to anyone outside your organization, you must comply with the terms.

    So, "Lindows" needs to start complying with the terms forthwith.

  48. Re:Cynical by Anonymous Coward · · Score: 0

    Selling my software without the rights I EXPLICITLY reserved to my users is illegal.

    How hard is it to understand that? How hard is it to understand that "Because I don't want to yet" is not an excuse for dodging your legal obligations?

    Lindows.com is selling people my software without supporting their right to modify and re-distribute the software. This makes them no better than some Far eastern outfit selling counterfeit Windows CDs. Everyone here understands why THAT is illegal, so how come Mr Lindows here is a paragon of virtue for ripping me off?

  49. Re:Doesn't really surprise me by BlueWonder · · Score: 2
    You are however right in that they don't have to provide source unless someone requests it.

    If they don't provide the source with the binaries right away, they have to accompany the binaries with a written offer for the source.

  50. Re:UNIVERSAL THEORY OF EVERYTHING by negativekarmanow+tm · · Score: 0

    The world's first consistent and complete theory of everything.

    What you seem to have forgetten is that according to Gödel's incompletes theorem, no sufficiently strong system can be both consistent AND complete (Sufficiently strong being defined as being able to represent all primitive recursive properties.)

    Therefore, if your theory really is universal, it must be inconsistent or incomplete, and I suspect it may be both.

    It is good to see some scientific research devoted to the trolling phenomenon, but I must urge you to be more careful in your reasoning.

    --
    No security through obscurity: my password is goatse. Stop me before I troll again.
  51. well by waspleg · · Score: 2, Interesting

    the last line says it all

    "The Codeweavers/Lindows association was terminated in part because Lindows wanted to be able to keep its Wine modifications private.
    "

    look what else they want in their crown jewel set ;)

  52. Switch to FreeBSD by Anonymous Coward · · Score: 0

    Linux is dying. If they would switch to FreeBSD as a base, they wouldn't have this problem.

  53. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  54. Let he who is without sin.... by Phosphor3k · · Score: 1

    File the first lawsuit.

  55. Robertson is a petulant child. by Anonymous Coward · · Score: 5, Insightful

    Like having an argument with a five year old.

    Parent:
    Time for bed, Johnny

    Johnny:
    "I don't want to go to bed!"

    Parent:
    "Look at the clock Johnny, it /is/ bedtime isn't it?"

    Johnny:
    "The clock doesn't matter!"

    Parent:
    To bed this instant!

    Johnny:
    Why?!!!?

    When arguing with children, there is no logical foundation to the argument. They will whine and wheedle in any way they can to get what they want. No need to let little things like reality get in the way of an angry child.

    And Robertsons arguments seem to go like this:

    GPL:
    "Robertson, you are a sentient being who was fully aware
    of the GPL before starting your business. Fullfill your part of the agreement"

    Robertson:
    The agrement doesn't matter! Look at all the nice things I've done. Therefore the agreement doesn't matter!

    GPL:
    Robertson, you are abusing the goodwill of thousands of people who realeased their software under the condition that that goodwill be perpetuated.

    Robertson:
    That doesn't matter! Look at all the nice things I've done!

  56. Not new: Redhat does the same thing by Kris+Warkentin · · Score: 2

    Relax people. Redhat, who is one of the strongest corporate supporters of open source, has been doing this for a long time. They get contracts (the Cygnus part of the business) to do custom work on things like gcc where some company pays them to port/optimize for their new processor or instruction set. Then Redhat does the work, gives the company the product and goes about their merry way. After about 6 months or so to make some money/make sure the port is stable, they release the source. They did this with the 128 bit Mips MTX 7860 instruction set support that they added to binutils and gdb. Anyone can get the code as a patch if they ask for it, it just isn't released for general consumption right away.

    --

    In Soviet Russia, hot grits put YOU down THEIR pants.
    1. Re:Not new: Redhat does the same thing by dvdeug · · Score: 2

      Redhat, who is one of the strongest corporate supporters of open source, has been doing this for a long time.

      No, they haven't. They never give the source to anyone, besides the person who paid for the modifications, who can distribute it to anyone they want.

  57. The problem with the entire argument.. by base10 · · Score: 1

    Robertson's argument is, "It's a work in progress. We're hopeful our first release will happen around the middle of the year. When we release an official version, all the GPL pieces will be properly distributed".

    There is no clause in the GPL saying, "This license only applies to official release software. Betas are exempt." A binary release is a binary release.

    If the beta tag is enough to circumvent the GPL, what's to stop companies from following the ICQ plan: everything is a beta. Despite being around for years and having (relatively) stable software and user-friendly feature set, ICQ remains "Beta" and is likely to do so forever.

    The key words in articles 3a, 3b, and 3c of the GPL are "Accompany it." This means accompany *every binary release* with the source (or a link to get it) at the time of release, not promise to provide it later.

    -e

    1. Re:The problem with the entire argument.. by motox · · Score: 1

      Then why should we dish 99$ for a beta ? Let them keep their sources, they will also keep their boxes with the binaries probably.

    2. Re:The problem with the entire argument.. by nusuth · · Score: 2
      I, the CEO of LinFlows Inc., hire a bunch of people to do beta testing for my GPL based new product LinFlows. Obviously when I release the product, I must observe GPL's source related articles. Yet do I have to give people I hired for my company source code together with binaries? My understanding is that is not necessary.

      Whether lindows case is more like this LinFlows case or the picture you present can only be determined by knowing and analysing license agreement between beta participants and lindows. Without this information the discussion is meaningless.

      --

      Gentlemen, you can't fight in here, this is the War Room!

    3. Re:The problem with the entire argument.. by TotallyUseless · · Score: 1

      did you as the CEO of LinFlows Inc charge your employees $99 each to do beta testing? I thought employees were paid, not the other way around

      --

      Time for some tasty Shiner Bock!
    4. Re:The problem with the entire argument.. by maxpublic · · Score: 1

      Not so. The 'beta testers' are *paying* for the product. In any normal sense theyr'e customers (since for actual beta testers the company generally pays *them*, not the other way around). And in any event these 'testers' aren't employees, so the source has to be distributed.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    5. Re:The problem with the entire argument.. by Chris+Johnson · · Score: 2
      You can hire people by charging them money to work? DAMN, that's a neat trick...

      ...oh, wait, I'm a musician, we've had 'pay to play' for many years now...

  58. Re:UNIVERSAL THEORY OF EVERYTHING by Anonymous Coward · · Score: 0

    Well, Gödel is just another troll.
    You must admit that his theorem is rather trollish.
    But nevertheless, all factual and logical errors in my theory are just there to troll you.

    -- unfortunately AC due to account ban

  59. What Lindows States They Have Made Available by A_Mythago · · Score: 5, Informative

    According to the Lindows Licensing Information page Source code is available for download at http://net2.com/lindows/source/. Of interest is the statements to check the main developer trees for products they use (KDE, Denbian, Wine), as most modification made by Lindows have been accepted and integrated into the main trees.

    The dates on the source files are 12 Apr 02, although the downloader is cautioned in two places the Lindows OS software "has not even been released in beta", so the source may not reflect the most current build.

    --
    "To travel the paths of human imagination you have to be willing to unlearn all you know"
    1. Re:What Lindows States They Have Made Available by Salsaman · · Score: 2, Informative

      There's not much source even there, only bits of kde.

    2. Re:What Lindows States They Have Made Available by Anonymous Coward · · Score: 0

      All modified source is there. Anything not listed there is from Xandros, so complain to them. LindowsOS only has one internally developed program, the Click-N-Run thing they hype so much. Everything else is submitted back to the original source trees.

      -Someone who knows

  60. What does "distribute"mean? by Anonymous Coward · · Score: 0

    I have not familar with the GPL beyond the rabid postings on this site so forgive me if I am speaking in error, but it occurs to me that there is some latitude in the meaning of the word "distribute." At one extreme you have free posting to the internet, everyone has access to the binary and doesn't have to pay anything. I believe this is clearly "distribution" under any definition. Closer to the other extreme is internal testing of binaries for QA purposes by employees of the company. I don't know that having your employees test software would constitute distribution.

    WHat is going on here appears to be somewhere in between, although closer to former example than the latter. It appeared from the article and other posts that anyone could get the beta by paying some fee (i.e. there was no numerical cap on beta testers). The simply "pay to preview" aspect reeks of commercial distribution rather than real testing. In addition, a lack of numerical cap also would push the conduct towards any reasonable definition of distribution (if there is no cap, that is).

    I am a lawyer and have seen firsthand the effects spiteful litigation can have on emerging companies. Linux needs all the help it can get to gain a desktop foothold beyond a small elite group. As numerous other posts have said, give the guy a chance to release the code when the product is really released. With Linux companies not doing so well recently, does the community really want to spawn litigation against another that very well might not be necessary (if we can just wait a few months)?

  61. Microsoft hates Lindows, FSF hates Lindows by Anonymous Coward · · Score: 0
    Excellent! The Microsoft and Free Software camps are in agreement on something!

    Microsoft should contribute lawyers to defend the GPL in order to sue Lindows out of existence. One less viable Windows implementation for Microsoft, one more notch on the tally of credibility for GPL.

    One more pig learning how to fly.

  62. Re:UNIVERSAL THEORY OF EVERYTHING by Anonymous Coward · · Score: 0

    according to Gödel's incompletes theorem [...]

    Well, that's a theorem, as you say. Do you have any proof?

    Anonymous coward are... well, cowards.

    I admit to this, but I think I'm just an inch from getting over it... modding up the PoD and the subsequent ban from moderation helped, of course. I'm now 80/20 "thank you"/"fuck you" negativekarmanow. :-)

  63. Stalker Software anywone?.... by Anonymous Coward · · Score: 0

    Perhaps may be a quite profitable abuser of GPL that people refuse to point fingers at?

    It is after all a common business model with email tools.

  64. Think about this. by mindstrm · · Score: 3, Insightful

    Distribution is not defined. That is one of the problems with the GPL.

    I mean, say I am working on a piece of code, based on GPL stuff. Say it's for internal use only within my office. I think we all agree that using it on my company's computers only is not distributing it. Now let's say I want to send a copy to Joe because I value Joe's input into UI design, so I send a binary to my pal Joe. AM I now obligated to give Joe source? I don't think so. I am not distributing my new work. I am merely SHOWING it to joe so he can give me feedback. The GPL should not prevent this.

    Now.. what Lindows is doing is different.. the bastards are charging people to see a beta, which is slimy to begin with...

    So.. anyone know what *really* constitutes distribution?

    1. Re:Think about this. by at_18 · · Score: 2

      I mean, say I am working on a piece of code, based on GPL stuff. Say it's for internal use only within my office. I think we all agree that using it on my company's computers only is not distributing it. Now let's say I want to send a copy to Joe because I value Joe's input into UI design, so I send a binary to my pal Joe. AM I now obligated to give Joe source?

      Not for now. But if he asks for it, you must give it to him without complaining.

    2. Re:Think about this. by BreakWindows · · Score: 2, Interesting
      I think we all agree that using it on my company's computers only is not distributing it.

      I don't agree. Nor does the FSF. If you give binaries to anyone, no matter what company they work for, what distribution they use, what color their hair or whether they think the week begins or ends with Sunday, they must receive source if they request it. This is the point of the GPL; keeping individuals "free" from restrictions in its use. If you don't want to give out your code when it is requested, and don't want to allow people to use it freely, don't GPL it. Once a "free" binary exchanges hands between 2 people, both are entitled to full access. The key word here is "freedom", not "I own it, it is mine, I am the authoritarian who dictates how it will be used".

      I want to send a copy to Joe because I value Joe's input into UI design, so I send a binary to my pal Joe. AM I now obligated to give Joe source? I don't think so

      If Joe requests source, Joe gets source. If you "don't think so", that's fine...but your program isn't GPL'd. There are many licenses you can use, none better nor worse in my opinion. But if you want your program to be "free" software, you can't pick and choose who gets to be free from restrictions. That's what freedom is all about.

      While we're on it, if you value Joe's input into UI design, why wouldn't you want him to have the source? Maybe he's secretly a great programmer and can fix your mistakes. ;) This is the other point of the GPL: community input into common problems.

      So.. anyone know what *really* constitutes distribution?

      From GNU.org: ' Free software is a matter of the users' freedom to run, copy, distribute, study, change and improve the software. More precisely, it refers to four kinds of freedom, for the users of the software:

      The freedom to run the program, for any purpose (freedom 0).

      The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.

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

      The freedom to improve the program, and release your improvements to the public, so that the whole community benefits. (freedom 3). Access to the source code is a precondition for this.

      A program is free software if users have all of these freedoms.'

      Distribution is distribution. Don't think of it from the distributor's point of view, think of it from the user's. If I use this software, I have the right to use it how I want. I can modify it, change it, etc. If I don't have these freedoms, it is not GPL'd. Lindows needs to allow access to the source upon request, or they're in obvious violation.

    3. Re:Think about this. by TotallyUseless · · Score: 1

      how about the fact they are charging 99 bucks? that make it distribution in your eyes? if you modified an app for use by employees at work, you wouldnt charge them 99 bucks a pop to use it would you?

      --

      Time for some tasty Shiner Bock!
    4. Re:Think about this. by roybadami · · Score: 1

      I think we all agree that using it on my company's computers only is not distributing it.

      I think you're right. Because your company is a separate legal entity. The fact that your employees may have access to your code in the course of their duties does not mean that your company is distributing the code to them. (If you allow them to take personal copies, of course, then the situation is different).

      I don't agree. Nor does the FSF

      Care to give us a quote from the FSF on this issue?
    5. Re:Think about this. by iCEBaLM · · Score: 2

      Distribution is not defined. That is one of the problems with the GPL.

      Why must we redefine every english word? Emphasis mine:

      distribute Pronunciation Key (d-strbyt)
      v. distributed, distributing, distributes
      v. tr.

      1. To divide and dispense in portions.
      2.
      1. To supply (goods) to retailers.
      2. To deliver or pass out: distributing handbills on the street.
      3.
      1. To spread or diffuse over an area; scatter: distribute grass seed over the lawn.
      2. To apportion so as to be evenly spread throughout a given area: 180 pounds of muscle that were well distributed over his 6-foot frame.
      4. To separate into categories; classify.

      I mean, say I am working on a piece of code, based on GPL stuff. Say it's for internal use only within my office. I think we all agree that using it on my company's computers only is not distributing it. Now let's say I want to send a copy to Joe because I value Joe's input into UI design, so I send a binary to my pal Joe. AM I now obligated to give Joe source? I don't think so. I am not distributing my new work. I am merely SHOWING it to joe so he can give me feedback. The GPL should not prevent this.

      Again, emphasis mine:

      send1 Pronunciation Key (snd)
      v. sent, (snt) sending, sends
      v. tr.

      1. To cause to be conveyed by an intermediary to a destination: send goods by plane.
      2. To dispatch, as by a communications medium: send a message by radio.

      These definitions would indeed corelate that sending something is infact distributing it and therefore would be bound by the GPL's source code terms. Now, if you allow Joe to look at it on one of your companies machines, that's different. If you give/send/hand/mail/email/ftp/upload/etc it to him then you are indeed distributing it and *if he asks* you must give him source code.

      -- iCEBaLM

    6. Re:Think about this. by mpe · · Score: 2

      I mean, say I am working on a piece of code, based on GPL stuff. Say it's for internal use only within my office. I think we all agree that using it on my company's computers only is not distributing it. Now let's say I want to send a copy to Joe because I value Joe's input into UI design, so I send a binary to my pal Joe. AM I now obligated to give Joe source?

      The only relevent issue would be the question "is Joe part of the same corporate entity as you?".

      I don't think so. I am not distributing my new work. I am merely SHOWING it to joe so he can give me feedback.

      If you send Joe the program then you are distributing it. If you sent him a few screen shots or even a 3 hour video showing it being used then you are "merely showing it to Joe". It really dosn't matter how, even why, you distributed it. Dosn't even matter if you intended to distribute it to someone, maybe you sent it to Jane by mistake...

    7. Re:Think about this. by TekPolitik · · Score: 2
      Distribution is not defined. That is one of the problems with the GPL.

      The ordinary English meaning applies. What they are doing is distribution. It may be limited, but it's still distribution. Excessive use of inline definition in contracts and legislation is actually a bigger source of unexpected results than simple reliance on natural language.

    8. Re:Think about this. by jcast · · Score: 1

      No, you have to give Joe a legally enforceable reason to believe he can get source---and that means either source itself or a written guarantee.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    9. Re:Think about this. by Anonymous Coward · · Score: 0
      if you modified an app for use by employees at work, you wouldnt charge them 99 bucks a pop to use it would you?

      I WOULD IF I THOUGHT I COULD GET AWAY WITH IT!!1!
  65. Same old story. by CottonEyedJoe · · Score: 2, Insightful

    The GPL states that they should release the code....they should release the code. They could have chosen to do BSDdows. However, this is indicative of a larger problem. Linux companies KNOW that as soon as their source is released their product becomes Free-as-in-beer. And as other linux companies found in much better economic times, selling something that consumers can get for free (from you or elsewhere) isnt going to fill your coffers with millions of techie dollars.

    If you are selling software, GPL is no good. IBM might make good with their linux business but lets face it, they are selling HARDWARE. The only viable business model that includes GPL is one where the principal product being sold is "immune" to GPL (hardware in IBM's case). Other companies who have tried this (VA, Cobalt etc) have made the mistake of trying to use linux to sell commodity PC hardware in a nice package.

    GPL has a future whereever it can be used as a tool to sell a proprietary product. Companies have tried with embedded devices but have largely failed due to slow time to market or coming out with incomplete barely usable products.

    Selling support as a GPL assisted product didnt really work, and if you think about it its easy to see why. Linux is unix, companies pay sys admins to run their unix boxes, why would they pay a support company for a big support contract (basically a helpdesk) when they are already paying a unix expert or two who usually know how to (or can quickly find out via free sources) fix virtually any problem that crops up?

    Non-GPL'd software is a possible "product" for GPL assistance. This could be as simple as selling a closed source product for linux, or by creating a whole non-GPL aspect to the OS (the MacOSX model, though I'm well aware that APSL !=GPL). The one problem with this is that the community tends to cry foul to the "spirit" of GPL in these instances. They want the whole ball of wax for free...even if no GPL code is used.

    Where are the success stories. I like the idea of open source. I like being able to reuse successful code, and change things to suit my needs.

    1. Re:Same old story. by mpe · · Score: 2

      If you are selling software, GPL is no good.

      There is no devine right to the idea that a specific business model is sensible even viable.
      There are plenty of businesses where any actual product is very cheap. Most likely they are actually selling a service, even a brand name.

  66. Lindows web site for answers by Anonymous Coward · · Score: 0

    the lindows web site has a place for released source code. It also claims that all the wine source has been contributed back to the wine tree.

    It souds like compliance to me ??

  67. Uhmm...... noone's seen this? by Anonymous Coward · · Score: 0

    http://net2.com/lindows/source/

  68. They aren't the only ones by FozzTexx · · Score: 1

    They aren't the only ones that are evading the GPL by claiming "it's not ready yet."

    Check out RsyncX for MacOS X. They continue to refuse to release the source, and I and several of my friends have asked repeatedly. They are also under the impression they don't have to release the source until it's "final," even though they are already distributing a binary version!

  69. Anyone surprised by this? by Anonymous Coward · · Score: 0

    Straight from the huckster that made money and cashed out on the MP3 buzzword, now he's trying to cash in on Linux without actually contributing anything. Robertson likes to take advantage of buzz for his own profit. That's all he's about. I will never, ever give him a single dime of my money.

  70. But it isn't Lindow's Source by Jack+Hughes · · Score: 2, Insightful
    The point is that it isn't Lindow's source that is not being released.

    It is my source.

    And your source.

    And everyone who has made some GPL contribution.

    Lindows actually does relatively little development... it is based on Debian via Corel via Xandros.

  71. Waiving your right to the source... by EggplantMan · · Score: 1

    Below the article there was a comment asking whether a EULA could be used to waive your right to the source under the GPL. I don't know whether you can do this or not, does anybody have any ideas about this?

    --

    ?-|||-----x<*))))><
    1. Re:Waiving your right to the source... by CottonEyedJoe · · Score: 1

      If its all their code, they can do anything they want including switching to a different license.
      (Though GPL is non-revokable on any code already distributed under GPL if I'm not mistaken), they can still release future versions under a different license.

      If someone elses GPL'd code is involved they are required to follow the GPL, and I dont think restrictive EULA's are kosher in this case.

    2. Re:Waiving your right to the source... by Chris+Johnson · · Score: 2
      If they did this they would render themselves legally unable to release anything, EVEN THEIR OWN CODE, under the GPL.

      It's quite clearcut: the GPL is not compatible with freedom-restricting licenses. If you break the rules you lose the ability to distribute legally under the GPL.

      Now, IF it was all their own code (which it ain't), this wouldn't stop them because then they'd have the ability to release under some other license- dual-licensing.

      But in any situation where you're both restricting access in ways incompatible with the GPL, and licensing under the GPL, you're only causing your GPL licensing to self-destruct. It's not legal even if it's your own stuff- you're contradicting yourself by trying to GPL and also trying to restrict or put on additional EULAs and such things.

  72. 100% blah blah by Anonymous Coward · · Score: 0

    Nothing to wait, no lin-dows, no source, no expectantions on it, no license discussion, doesn't matter.

  73. Because it's MS's code? by Anonymous Coward · · Score: 0

    Remember some hacker got into M$ stole code about a year ago. That code has to be out there somewhere. Possibly Lindows has some M$ code and that is why no source. When they release the source and people use it, it will infect GPL projects with illegal code. Then M$ will have grounds to put all GPL code in question of ownership. Guess you could call it a source virus.

  74. Thats Free Software, stupid by Anonymous Coward · · Score: 0

    This guy just annoys me. He violates the GPL then calls it "Open Source". I think as a community we should launch a quick and painful boycott campain, either comply and give the FSF proper credit by atleast calling it by the right term or deal with thousands of free software developers discrediting their product. I, for one, am very insulted that they would use community work in this manner and plead the FSF to take swift legal action.

  75. Lindows' source code by Anonymous Coward · · Score: 0

    I'm not exactly sure how relevant this is, but I happen to be going through lindows' website, and I found this. Does someone know if what they say here is true??

  76. ...but FSF may not be able to sue by Anonymous Coward · · Score: 0

    Unless the copyright of the original works was assigned to FSF by the authors, FSF are not able to sue. Only the copyright holder can enforce a GPL breach.

    There is a lot of conjecture and accusation here on /. but is there any proof that any GPL'd software is *actually* linked into Lindows?

    One of the problems of GPL in my opinion, is that it is difficult to prove that a product is derived from GPL without access to the source code. Catch 22?

    1. Re:...but FSF may not be able to sue by extrasolar · · Score: 2
      1. A lot of free software has had their copyright assigned to the FSF including a lot of GNU software. I am sure glibc has copyright by the FSF since they funded its development for a while and probably Bash, the GNU file utilities and text utilities, and gcc. The reason a lot of this software has had copyright assigned to the FSF is so that the FSF could enforce the GPL.
      2. By calling their OS "Lindows" most of us assume that Linux is used as the kernal of the operating system which is licensed by the GPL. In addition, most of KDE is licensed under the GPL. In fact, most GNU/Linux software is licensed under a GNU license.
  77. GPL needs grace period by Pussy+Is+Money · · Score: 1
    If Lindows releases its code right now, it will be quickly assimilated by hordes of spare-time coders who will create a huge array of fragmented and sort-of working Lindows replacements, and the company will die because of the perceived availability of "free" alternatives.

    Then after the company dies, it will turn out that none of the independant coders feels like doing the integration job, their little projects will fall into disuse, and we will be left with a patchwork of sort-of working half-solutions that only geeks can use.

    The GPL needs a grace period.

    --
    Pushin' 'n dealin', shovin' 'n stealin'
    1. Re:GPL needs grace period by Chris+Johnson · · Score: 2
      Speaking as an ex-MP3.com musician, I have to say that your spinning any Michael Robertson company as MORE competent than a random group of unemployed, smelly hackers with short attention spans... is very funny :)

      Lindows will be far more useful dead than alive- or at least the brainless, shambling semblance of life you're likely to see. Haven't you ever seen a con man before?

    2. Re:GPL needs grace period by Anonymous Coward · · Score: 0

      Duh. That's the business risk that Robertson assumed when he decided to base his offering on GPL'd software.

  78. Distribution not sale... by sterno · · Score: 2

    Actually, if they distribute it, they have to. Doesn't matter whether they are selling it. Section 3a of the GPL states that binary distributions must be accompanied by source code. They say you CAN charge for it, but that is not a factor here.

    Now, having said that, I tend to think that Lindows probably has their heart in the right place. Yes, technically they are violating the GPL but give them a break. Let's see what happens when they actually release the software. If they don't have source code available then to purchasers of the software, then it's time to raise hell. I think sending them a warning mesage is productive, but we shouldn't be writing them off as an agent of the devil in the meantime.

    --
    This sig has been temporarily disconnected or is no longer in service
  79. Wrong - re: distribution fee by SMN · · Score: 2
    the GPL allows him to charge a "distribution fee", which the license doesn't even say must be reasonable
    Here's the section of the GPL you're refering to:
    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;
    Notice that the "distribution fee" is limited. It cannot be more than it physically takes to distribute the code, so the person/company distributing it cannot make a profit or hide the source that way. The maximum they could charge in your example would be the price of making the CD and the price of mailing it.
    --
    -- Imagine how much more advanced our technology would be if we had eight fingers per hand.
    1. Re:Wrong - re: distribution fee by Anonymous Coward · · Score: 0

      Notice that the "distribution fee" is limited. It cannot be more than it physically takes to distribute the code, so the person/company distributing it cannot make a profit or hide the source that way.

      So offer to distribute the code via the space shuttle.

    2. Re:Wrong - re: distribution fee by Anonymous Coward · · Score: 0

      So offer to distribute the code via the space shuttle.

      Nice idea. Except the Shuttle won't actually be able to reach anyone who asks for the source. Unless they're in orbit. So arguably, this is _not_ distribution.

      And if you claim the Shuttle will just be one (expensive) link in the distribution chain, then why not just say that "Bob" here is part of the distribution chain and he charges a flat $1,000,000 (with pinky to mouth) to touch each package.

    3. Re:Wrong - re: distribution fee by Sabalon · · Score: 2

      Fine...you can ftp to ftp.mymachine.com. It costs me $500/mo for the T1 and $1000 for my ISP bandwidth, so the cost of performing my source distribution is $1500.

      Or does the "physically performing source distribution" mean you have to burn them a CD make a floppy?

    4. Re:Wrong - re: distribution fee by civilizedINTENSITY · · Score: 2

      As long as you never use that for any other purpose, then you'd be seriously stupid but legally correct. Use that connection for something else, and you have to find a way to determine how much of what is charged to who. Not so simple then, huh?

  80. Lindows.com changes name by Anonymous Coward · · Score: 0

    ... to Bindows.com!

    They would make Bindows OS, using a BSD core. No more trouble from FSF *snicker*

    The first product BTW would be codename Bistler...

  81. Where are the success stories? by Anonymous Coward · · Score: 0

    It's right here on my desktop!!!

  82. Now you know why I use BSD... by bovinewasteproduct · · Score: 1

    I see this infighting, time after time. Yes, I do agree with the GPL, but the BS that happens each time someone is a little slow to release source makes me glad I got hooked on the BSDL first.

    And before you ask, yes I have released stuff under the BSDL, as a matter of fact I was a FreeBSD developer from 1993-2000 (Look under Alumni to see who I am.).

    If people spent HALF the time coding instead of flaming, we might just have better code out there.

    BWP

    1. Re:Now you know why I use BSD... by dvdeug · · Score: 2

      If people spent HALF the time coding instead of flaming, we might just have better code out there.

      That applies to you, too, though. There's coding you could be doing instead of flaming too. In any case, how many people here would be doing serious coding if they weren't arguing here? Most flamers aren't coders, and vice versa. Even if they are, you can't write code all the time; slinging prose is a way to relax for some people.

  83. In a related story... by bokmann · · Score: 5, Interesting

    I recently took a new car out for a test drive. While I was going 75 miles an hour in a 35 mph zone, a cop pulled me over. I told the cop, "Officer, I am just testing this car for it applicability to my lifestyle. Once I complete the process and agree to buy this car, I will comply with all applicable laws."

  84. OBEY THE GPL!! by dh003i · · Score: 5, Insightful

    Anyone who uses GPL code knows what they're getting into in advance.

    I'm sorry if it doesn't fit into his business model or plans...perhaps he should have planned better. Its not our problem.

    Our problem is that HE is violating the GPL, and that SOME in the OSS (Open Sourced Software) / FSS (Free Sourced Software) are ACCEPTING that.

    The reasons for accepting this guys violationg of the GPL range from, "It's not even a beta release," to "Give him some time," to "All this bashing of Linux companies is what harms Linux". Sorry, none of those reasons cut it.

    The GPL is a license, and he agreed to that license before using it. He agreed that in exchange for FREELY taking advantage of the HARD WORK of THOUSANDS of benevolent programmers, he would in return contribute his source modifications back to the community. By not doing that, he is taking advantage of thousands of programmers who generously GPL'ed their code.

    Until he does release that code, he will and should be criticized. The FSF should contact him and try to get him to release the code; if that fails, a lawsuit is in order. In order for your contributions to the GPL to have any affect, the GPL must be obeyed.

    When he does release the source, then we'll drop it. No hard feelings. We're not in it to ruin his company, his image, or his product. We simply want our license -- the GPL -- to be treated with respect.

    Its not an unreasonable license. It has very simple requirements, which are more than fair when you consider that you're getting all this stuff free as in freedom, and usually free as in beer too. Its not like the EULA, where you have no rights and violations will result in multi-million dollar lawsuits. Violations of the GPL don't cost companies any money -- not like the EULA does. Lawsuit's brought are only to force the company to release the source, not to punish the company, bankrupt them, or make an example out of them, as the BSA does. There is no GPL-BSA which goes around raiding companies to see if they're violationg the GPL.

    1. Re:OBEY THE GPL!! by mpe · · Score: 2

      When he does release the source, then we'll drop it. No hard feelings. We're not in it to ruin his company, his image, or his product.

      Which would be "us" being very generous. In terms of the letter of the law this company would have to petition every copyright holder for a new licence.

    2. Re:OBEY THE GPL!! by Chris+Johnson · · Score: 3, Interesting

      Plus, Robertson would be a great test case for the GPL, because he is an idiot- he has really no clue for what is legal and what is not. He's capable of going into a GPL lawsuit that he can't win. That's the ideal test case for GPL licensing- against an idiot who thinks he can spin the facts with publicity.

    3. Re:OBEY THE GPL!! by Lumpy · · Score: 1

      Actually this could get interesting... if it did go to court and a Judge ruled that he doesnt have to listen to the GPL because he didnt legally sign for anything it has the strong potential to invalidate EVERY EULA that exists.

      Microsoft had better get on the GPL bandwagon and scream that lindows had better comply with the EULA or they will have a huge mess on their hands also.

      --
      Do not look at laser with remaining good eye.
    4. Re:OBEY THE GPL!! by mysidia · · Score: 1

      Actually this could get interesting... if it did go to court and a Judge ruled that he doesnt have to listen to the GPL because he didnt legally sign for anything it has the strong potential to invalidate EVERY EULA that exists.

      That shouldn't happen. Why? Because if they were sued over a GPL violation it would be for copyright infringment.

      If they didn't accept the GPL license and claimed they never signed it, then they don't have any of the privileges licensed, ie: they have no permission to copy or distribute.

      At the same time, if they accepted it, they've gotta follow the rules, otherwise the GPL invalidates itself

      The license being invalidated or rejected results in not having any rights (those are reserved by default for the copyright owner(s) alone)

      And software distribution is one of those exclusive rights protected by copyright law. (It's illegal to distribute anything copyrighted without permission)

  85. Re:UNIVERSAL THEORY OF EVERYTHING by quinto2000 · · Score: 1

    by definition, a theorem has been proven.

    --
    Ceci n'est pas un post
  86. You can do that? by starm_ · · Score: 1

    Companie A releases GPL'd software without code. Companies B,C,and D:You can do that? ---20 years later--- companie C takes over the world in a MS way using the GPL.

  87. Obviously guilty by autopr0n · · Score: 2

    "We battled for the consumer at every step. We battled for open formats. We fought against secure music schemes. And we made contributions to Open Source software, since MP3.com was entirely LAMP based."

    Only a person with something to hide would make such a big deal out of this. I don't see any reason not to release the source if they are letting people use it. By making people sign away their rights to copy, distribute, or get the source from them, they are violating the copyright of all the GPL code they are giving out

    (It sounds like they are giving away 'special' betas for a fee. If they arn't some one reply and let me know what, exactly, they're doing.)

    --
    autopr0n is like, down and stuff.
  88. all animals are equal but some are more equal by graf0z · · Score: 3, Insightful
    There are many statement like MR is a good boy, lindows is good for the FS movement, they worked for wine (category "niceguy") or who needs the source, lets give them time or that's only trifle (category "trifle"). Does that count? The question is: are there any reasons to let somebody get away with violating the GPL? (if lindows does not release the code of their preview although the FSF asked for it, they violate the GPL, no matter if its free or not, if its beta or not, if they release the final code or not)

    I think there is NO such reason. Even if we love lindows & MR, the principles of the GPL are too important to weaken them by saying: "usual people have to fulfill it point for point, but some for some special people we turn a blind eye".

    Damned - who decides what is "beta", "final", "contributing enough open source", "good project for the free software movement" an so on? If we Let Lindows do what they want we will see more and more GPL violations and excuses "they let lindows go, why do they sue me?" (there is a post above exacly like this), "hey, i already published some GPL ware", "oh just wait a few month until my project reaches a status i define as 'release'" or "my project is so nice and good PR for the FS movement".

    We should not behave like officials in the old soviet union: "everybody has the same rights and has to fulfill the same duties - except good old merited communists..."

  89. maybe this will with with MS license agreements by YOND+R+BOY · · Score: 0, Troll

    Wow, I like this reasoning. Throw enough money at the community and you should be allowed to violate license agreements!!! Let's all sponsor Windows conferences so we can violate their EULA. Then again, you couldn't pay me to use Windows so forget about paying

  90. and beta testers can redistribute code by Xylantiel · · Score: 1
    You are right but this is only half the story.
    • 1. (as you say) Lindows is required to give the beta testers the code if they ask for it.
    • 2. Also the GPL says that those beta testers have the right to redistribute that code to anyone they please. i.e. Lindows cannot put additional restrictions on it.
    That's it. And unless the beta testers are employees, it IS (non-internal) distribution.
    1. Re:and beta testers can redistribute code by Balp · · Score: 1

      Adn that the distribution doesn't contanin non-gpl source code. I guess that Lindows contains a loot of software and not all may be under GPL. Then the beta-testers has to be very carefull, so that they don't distribute the wrong binaries. (Especially problems with lgpl software.)

  91. Re:UNIVERSAL THEORY OF EVERYTHING by Anonymous Coward · · Score: 0

    by definition, a theorem has been proven.

    Just like the Theorem of Evolution!

  92. use of GLPed code by dollargonzo · · Score: 1

    although this is slightly off-topic:

    it is rather ironic how some businesses developing products are wondering whether to use GLPed code, dsitribute the binary and not tell anyone, or make their own replacement. i whole-heartedly support the open-source movement,and believe that where the oss alternative (or the ONLY alternative) is 99% of the time better than a propriotary version of the same library.

    so, basically, companies have only one legal and still acceptable option: write their own alternative that works, but poorly, and distribute the software, and then make a note of saying that although the library that is provided with the software works, the GPLed code is MUCH better and if you want better performance, use the GPLed library instead.

    sure, that works, but it is rather circumventive. perhaps there is no solution, because as soon as any provision is made that allows ANY sort of GPLed use in commercial software, the GPL might fall apart because everyone will somehow abuse the new augmentation. OTOH, i think some thought deserves to be allocated to perhaps solve this problem. lindows is NOT an example of this, because MOST of their code is GPLed...but in the case of companies that use things like regexp libraries and say, some image processing libraries, perhaps there should be some solution that both allows the GPL to remain GPL, and also allow the company to use GPLed code commercially without making exhorbant work-arounds.

    QED

    --
    BSD is for people who love UNIX. Linux is for those who hate Microsoft.
    1. Re:use of GLPed code by dollargonzo · · Score: 1

      sorry for the extra post, but on another note, similar things have been to gcc, since it is the only compiler on linux.

      QED

      --
      BSD is for people who love UNIX. Linux is for those who hate Microsoft.
  93. Website mentioned by a guy in the comments... by Anonymous Coward · · Score: 0

    LinuxBussinessWeek...
    http://www.syscon.com/linux
    HEAD www.sys-con.com
    200 OK
    Connection: close
    Date: Sat, 13 Apr 2002 18:18:42 GMT
    Server: Microsoft-IIS/5.0
    Content-Type: text/html
    Client-Date: Sat, 13 Apr 2002 18:39:47 GMT
    Client-Response-Num: 1
    Page-Completion-Status: Normal

    unbelievable...

  94. The FSF is right and offtopic by extrasolar · · Score: 2

    The goal, since 1984, has been to give users freedom to the software they use. This means the right to copy, use, and modify the software. This is what free software is and this is why GNU/Linux exists.

    Free software is what makes GNU/Linux different from ever other proprietary operating system and is what allows collaborative development to work. The goal has always been freedom.

    This means we do not barter away freedom for popularity and we do not barter away freedom for business. And we definitely don't barter away freedom for more software. Sorry Lindows but if you want to use community software you need to follow community rules.

    Also, I would hesitate to call this an attack. From the article it doesn't seem like we're at that stage yet. Release the source and I don't think anyone would be upset.

    OFFTOPIC

    I just wanted to mention that while normally an Open Source crowd, this article has seemed to produce quite a bit of Free Software Movement sentiment. It seems you guys aren't outraged by the lack of pragmatic benefits of the software (no one has yet said that they wanted software that doesn't suck) but rather concerned about the ethics of not providing source to the software they use. Could it be that the open source hype is dissolving and people are returning to their free software roots?

    (yes, I know I'll probably get flamed for this)

  95. Not just Linux coders by extrasolar · · Score: 2

    Not just Linux coders but a lot of other free developers as well. People who contribute GNOME, KDE, GNU, and all of them nice applications--among others. I'm using Mozilla right now which is also not Linux.

  96. Do they? by ubernostrum · · Score: 2, Insightful

    It would seem that what you're talking about is Red Hat doing work for a corporate client, then waiting a while to polish it before making it available to the rest of the world at large. This is perfectly acceptable and is in fact probably in the strictest accord with the GPL - someone needs a program to be better, they hire some programmers to fix it. Red Hat will have to provide source to the corporate client, but they're not required to distribute anything to the public at large; they just do it anyway. Their only responsibility is to provide a copy of the source code to anyone they've given a binary to, and that is "on demand". If they only ever give the binary to their corporate client, they have to give the client source, and the same goes for the public release...as soon as they publicly release a binary they must publicly release source. Nothing says they have to publicly release the binary though.

    And notice also that Red Hat doesn't do what Lindows is trying to do. Go to Red Hat's public FTP sometime and you'll notice that the current beta (I believe I linked to the right one there, it's skipjack right now, right?), includes a directory named "SRPMs". That's source for the beta, seeing as the GPL requires it to be available when they distribute binaries. That's exactly what Lindows is saying they don't have to do - their argument is "it's a beta release, we don't have to give anyone source for it". And that's wrong...the GPL requires them to give source to their beta users, and it's good sense anyway...it would help them find and eliminate bugs faster.

  97. Don't be quite so hostile by extrasolar · · Score: 2

    Personally, I would avoid being quite so hostile.

    While I agree that they should release software code to those they distribute binaries to, whether they label it "binary" or not, I would avoid being vitriolic or mean about it.

    Because it seem that their intentions are good. They want to distribute free software and make it easy for windows users to transition to a free operating system and this is a good thing to do. And they do have every intention on releasing the final software as free software. So it seems they do want to give their users freedom, they are just being lazy about it.

  98. Re:UNIVERSAL THEORY OF EVERYTHING by genkaos · · Score: 1

    Did you mean THEORY of Evolution?

  99. Parallels with MP3.COM by Jah-Wren+Ryel · · Score: 4, Interesting

    Robertson blew hundreds of millions of IPO dollars while at MP3.COM because of one simple, arrogant, mistake. He thought that by using a program to remotely verify your physical possession of a CD, that he could then make MP3's of the songs on that CD available to you online in a "virtual locker."

    Indeed, this is a great idea and it was long overdue. But, that is not the way copyright law works in this country. Robertson was overconfident that the law would be no hindrence to his business plan, and thus ignored it -- at his peril. The copyright industry took MP3.COM to court over the service and won, they won bigtime. MP3.COM ended up blowing over half their IPO wad on just the pay-offs of the Big5 in the copyright industry. At $25,000 per song per copy maximum fines that $200M was actually a huge discount. But, come on man, a $200M mistake is a huge mistake nonetheless.

    Fast foward to today. MP3.COM has sold out to Vivdeni-Universal and Robertson made out like a bandit on the sale. Now, here he is working on a very good idea, an idea whose time is longer overdue. But he is ignoring the law AGAIN because he doesn't think it should apply to his special case because what he is doing is so ground breaking.

    Now, I am not saying that the GPL is equivalent of the RIAA bandits. But if Robertson weren't quite so gung-ho-with-blinders-on he might have made MP3.COM a true force for topling the copyright industry as was once his battle cry. Instead he sold out and the dream was killed. If he continues to follow true to form, he is going to end up adding little to nothing to the Libre Software community and may end up harming it in the process.

    Grow up Mike, you should have learned your lesson the first time around. Ignore the rules at your own peril.

    --
    When information is power, privacy is freedom.
  100. Some of the source. by Jordan+Block · · Score: 1

    Looking over Linows' site, I found this link to some source. I'm quite sure it's not all of it, but there is some.

  101. Re:What's the big deal?R by dvdeug · · Score: 2

    No, someone is taking something from me - my right to prepare and distribute derivitive works.?

    You have no such right. All rights to create and distribute derivative works for a copyrighted work belong to the copyright owner of the original work.

  102. You know what is going to kill Linux? by Anonymous Coward · · Score: 1, Insightful

    Linux users. Lindows (and Michael Robertson) has done more for Linux in one year than ANY of you blowhards have in ten years. Market share is NOT about command line and running obscure/buggy apps. It's about being to use Linux just as you would Windows and running programs that you are familiar with in conjunction. Get off of your L33t thrones and shut the fuck up.

  103. whine` by Anonymous Coward · · Score: 0

    The FSF, RMS and SlashDot reads are the biggest cry boobies in the world. A great deal of free software users rake the developer over the coals who developed a program or put a group of tools together. If you want to download the iso to your fav linux distro (ick) you should inturn give them some money... just a few dollars... if you dup a cd of your friends linux distro download again you should give the distro some money if only a few dollars. Same if you use apache, ssh, mysql, postgresgl... the list goes on. Let a company who is tring to bring the linux community what they wanted (heaven only knows why one would want a linux desktop... but some do) get everything together. Let them get a final product out the door then ask for the crappy GPL code mods they made.

    You have to put your pants on before your shoes... just like you need to have a product to before you can release the code to it... as for the $99 per cd hey how do you expect a company to hire the workers needed to make the distro, get the money for the ISP... last I check Linux IPO are lame ducks, just like most .com IPO's and most OSS IPO's

    Fooks just deal with it... get a life and most of all mod me down because I don't have the same brainwashed ideas you and your friends share. After that bash me for spelling a word wrong of phrashing a statemnet wrong. Then bash me for cutting my hair, wearing socks or the pants I do. Then look yourself in the mirror and give youself a nice pat on the back. After all your the bigger person for bashing someone who doesn't share your views and proclaim free speech is great... proclaim free software is great... proclaim that anyone who dares say a bad world about Free Software must be bound and gagged.

  104. You've found your own counter-arguemnt. by Ungrounded+Lightning · · Score: 3, Insightful

    Lindows isn't selling their distribution yet, reall--they're letting people pay for the privilege of being beta-testers; ... Beta testers are commonly defined by their contracts/livenses as employees and forbidden from distributing copies of the beta software.

    They obtained a license to make copies of the source code - modified or otherwise - which requires them to provide source on demand and an automatic sublicense to any party to whom they have given or sold the object. Period. There is no exception for "employees" - especially "empoyees" who have PAID for the privilege. If they fail to do this they are in violation of the license - regardless of how much they have "helped the open source movement" in the past or concurrently.

    Further: For an open source project having the source, modifying it, and installing the mods ARE PART OF THE BETA TEST.

    ... it does open the possibility for an interesting loophole--perpetual beta!

    Which is PRECICELY why the open source community, and its FSF spearpoint, can't afford to let the loophole exist, even for a short period. If it is OK for a while you get into a perpetual battle of defining what is "a while". In the software biz a few months of lead time - FOR EACH RELEASE - is all it takes to make a monopoly. If it's not OK AT ALL, the problem is nipped in the bud.

    If you pull up the FIRST weed to sprout in your lawn before it goes to seed you avoid thousands of its offspring.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  105. Re:What's the big deal?R by aozilla · · Score: 1

    No, someone is taking something from me - my right to prepare and distribute derivitive works.?

    You have no such right. All rights to create and distribute derivative works for a copyrighted work belong to the copyright owner of the original work.

    I have no such right because congress took that right away from me.

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  106. Bruce Perens has his say by Gerdts · · Score: 3, Informative

    Bruce Perens as sent an open letter to Michael Robertson requesting that they release the code to the software that he wrote that they are distributing.

  107. The "Corel" trend... by Anonymous Coward · · Score: 0

    It seems like Corel has started a new trend:

    "We are only violating the GPL while our product is in beta. It will only be a *short* time."

    If only someone pulled out a NuSphere style injuntion against Corel, I doubt anyone would be following in their footsteps.

  108. OK, I get your(pl) point by nusuth · · Score: 1
    The point is you can't put an NDA on Linux. That's relicensing GPL code.

    FWIW someone already posted two quotes (from GPL FAQ I believe) about NDAs with GPL. It seems one can indeed put an NDA for development purposes but not for distribution. But it also seems that by NDAs, you can only put limits redistribution; anyone with binary access still has access to source.

    --

    Gentlemen, you can't fight in here, this is the War Room!

  109. I'll stick to Slackware by madenosine · · Score: 1

    Really, the only reasons they released it under the GPL are

    1) Attracts more attention
    2) They can steal other GPLed work

    I really don't see why it is taking so much time to come out with a beta....all they have to do is basically steal code and modify it.

    I, for one, will not be jacked by Lindows, and I think that most developers feel the same way. They have not made any significant contributions to any open source projects plus you have to pay $99 to get the source.

    IMO, the whole thing defeats the purpose of the GPL

  110. calling the Lindows bluff by ztwilight · · Score: 2, Interesting

    The FSF may think the "right" thing to do is to force Lindows to hand over the code. But it seems like the FSF is shooting themselves in the foot. The world is watching this event, and it's proving to them right now that going Open Source is a bad idea for business. If you look at some of the failures of Open Source (Eazel, Netscape) and consider what troubles Lindows has to overcome, most businesspeople have enough reason to never think again about contributing to or joining the Open Source community. This is not the public image that we need, like Hewlett Packard slamming Compaq in public because they don't want a merger. This is the equivalent of Bill Gates writing a book about Microsoft being evil! A house divided against itself will surely fall. If Lindows has to stand up to Microsoft AND the Open Source community, then they're doomed for sure. Perhaps we should be asking ourselves by the CEO is insecure about releasing the source code. Is it because he doesn't trust Open Source developers with his changes to the code? I highly doubt it. I think it's because he doesn't want the Open Source community to expose his hype about his Linux distro being the next successor to Windows. Think about it. What could his measly team of 20 developers, working for a year, possibly contribute to the work of thousands of developers who have worked on Linux for several years? He is definitely having delusions of grandeur, just as many have when creating their own distro: "I have created my own Operating System! I will become bigger than Microsoft. Wow, I'm so smart!"

    --
    Who moved my sig?
    1. Re:calling the Lindows bluff by Stormie · · Score: 4, Insightful

      But it seems like the FSF is shooting themselves in the foot. The world is watching this event, and it's proving to them right now that going Open Source is a bad idea for business. If you look at some of the failures of Open Source (Eazel, Netscape) and consider what troubles Lindows has to overcome, most businesspeople have enough reason to never think again about contributing to or joining the Open Source community. This is not the public image that we need

      So, what you're saying is: we shouldn't take a stand against these thieves ripping off GPLed software for their own personal profit, because if we do, we might scare off other companies who were thinking of ripping off GPLed software for their own profit? Sound thinking, dude.

    2. Re:calling the Lindows bluff by ztwilight · · Score: 1

      No Stormie, I am trying to get across the other much more important PRINCIPLE, not the one single worst-case scenario you are imagining. I am looking at a compromise here, one which you seem to have missed. A compromise based on software release policy. True, it is not a good idea to allow companies to hold on to source code. At the same time, you cannot build a sound business when people are getting first impressions of your software based on it's junky alpha quality. They'll drop your software like an old habit. First impression is everything. How many people have good impressions of WINE? 'nuff said. How many companies release software to the public in the alpha stages and survive to tell about it? Those exceptions that have survived a public alpha release have released software that is extremely stable and would really qualify as Beta or Golden Master Candidate software (although this is always a changing definition). By asking companies to release their source code early, it is asking them to compromise their software process. I do not promote or condone what Michael Robertson has done in any way, shape or form. And pardon me for looking out for the future of Linux, but IMHO the future of Linux is much bigger if companies are allowed to adhere to standard software release policies. Hackers don't mind putting up with buggy half-done software, that's what they live by, they created it. But the rest of the world doesn't like terrible software quality. And I will note, as much as I love Linux, I've seen more bugs with it than in your average teamtrack database, just with performing some minor tasks. This is not going to help Linux in the desktop market. Another thing: the GPL provides for Michael Robertson to use it the way he is, therefore he is not a thief. There is no stated period of time in which he is obliged to release his code written in the GPL. Perhaps one should be added, because I think there is a misconception here. There should be an amendment made to the GPL to prevent this from happening in the future.

      --
      Who moved my sig?
    3. Re:calling the Lindows bluff by Stormie · · Score: 2

      True, it is not a good idea to allow companies to hold on to source code. At the same time, you cannot build a sound business when people are getting first impressions of your software based on it's junky alpha quality. They'll drop your software like an old habit. First impression is everything.

      What the hell?? Lindows are selling this software, at $99 a shot!! If it's "junky alpha quality" and will cause people to drop them "like an old habit", it's their goddamn fault, not the GPL's!!

      You'll notice that in fact the GPL inflicts no pain whatsoever on a company wishing to conduct their business the way you describe. No source code need be disclosed until the software is released. Polish it in the dark for a decade, if you like, and no zealot will be on your case. It's only when you decide that "selling software" should come before "releasing source" in the release schedule that you cop this grief.

      By asking companies to release their source code early, it is asking them to compromise their software process.

      "after they start selling software for $99 a copy" is not too early.

      Hackers don't mind putting up with buggy half-done software, that's what they live by, they created it. But the rest of the world doesn't like terrible software quality.

      If the quality of Lindows is "terrible" (and I have no idea whether it is or not), nobody is at fault except the people who decided to release it and start selling it. And why would the opinions of "the rest of the world" be influenced by the source being released alongside the binaries - nobody but a hacker is going to look at it anyway! The only thing that can make a bad impression on the general public is the actual executable software, not the source code!

      I do not promote or condone what Michael Robertson has done in any way, shape or form.

      Please, in that case, stop defending him in this bizarre and ill-considered way.

    4. Re:calling the Lindows bluff by ztwilight · · Score: 1

      I do not promote or condone what Michael Robertson has done in any way, shape or form.

      Please, in that case, stop defending him in this bizarre and ill-considered way.

      Since when was I defending Michael Robertson? Unfortunately, this discussion has degenerated into some useless motive-defining and lost what I was originally saying. You're trying to "convince" me of something which I already know and understand. And you still fail to miss the point. The point is, that when a business decides to try an Open Source model, the FSF needs to be careful in how they deal with that company, because the rest of the business world is watching. They may win a battle, but lose the war. The FSF needs to find out the real reason why Michael Robertson is insecure about releasing the code, IMHO, before airing their dirty laundry in public. Do you want the FSF to look like a big bully? Will this help Microsoft's argument about Open Source being disruptive? It certainly will. I think you're too busy looking at the fine print to see the big picture here. And stop making assumptions about my reasons for posting. I'm not trying to get Lindows off the hook, I'm trying to make a point about the public image of the FSF, and about the GPL remaining attractive to businesses.

      --
      Who moved my sig?
  111. Defending your rights is not eating your young. by jbn-o · · Score: 1
    I agree that the guy is playing fast and loose with the rules, but I think we should give him a chance by waiting until he meets his deadline.

    That's preposterous. What you're saying is 'I know Robertson is violating the license he agreed to when he built his project, but we should let him continue to violate the license until he tells us he's comfortable.' (after all, he sets the deadline you're saying we should be waiting for).

    If he wants to be able to do what he's doing, he should have chosen a non-copylefted free software project to base his work on. He didn't pick solely non-copylefted free software. He chose code covered by the GNU GPL, a copylefted free software license. Now he's in violation. The question is will the copyright holders whose license he's violating defend their license or not? This is why it is important to care about software freedom, kids. This is why copyleft is an important concept and developers need to pay attention to licensing.

  112. well no shit... GPL == anti-capitalism by Anonymous Coward · · Score: 0

    The GPL was never designed to be 'business' friendly to say the least. There's a few things that allow it to work to an extent with businesses, but it requires a very specific business model.

    Essentially the GPL is anti-capitalism. Sure you can capitalize on the distribution of the software, but you can't capitalize on the software itself. If people are expecting 'Pengiun Power' to take over the world, it's not going to be through mass-marketed sales.

    No one forces these developers to release their code under the GPL unless they're 'borrowing' other GPL'd code. So a developer can choose to contribute and volunteer to GPL'd code, OR they can just go work for a business that sells proprietary code.

    If businesses are concerned about GPL'd code, they should be. It most likely does threaten most software firms in one way or another ... if they depend on selling proprietary software. Someone seems to be always willing to clone another proprietary package, and make a GPL'd program that's similiar. And I'm quite content to see this happen ... since I don't believe in capitalism as a system that benefits EVERYONE in society.

  113. Don't be spineless. by jbn-o · · Score: 1

    Correct, and your post is not a troll regardless of what the moderators say.

    Reading some of the other commentary on this issue, I think the go-along-to-get-along mentality is the GNU GPL's weakest link. There's little difference between a copyleft and non-copyleft free software license if the copyright holder is spineless.

  114. It's free software. Copylefted free software. by jbn-o · · Score: 1
    The GPL and other licenses are legal documents. Which means common sense does not always apply.

    Much of what you say is spot-on, but this leaves me wondering what part of common sense says you shouldn't defend your copyright in a case where the license encourages sharing? What part of common sense says Robertson should be allowed to infringe the GNU GPL?

    Given the already shaky nature of open source licenses in the dog eat dog world of commercialism, it is a GOOD thing that groups like the FSF are "nitpicking" this issue.

    Actually, this is a golden opportunity to learn the difference between the freedom-minded free software movement and the freedom-dismissing open source movement. The GNU GPL is a copylefted free software license. The open source initiative did little more than place it in their list of approved licenses. Calling the GPL an open source license misrepresents the philosophy and authorship of the GPL. Defending software freedom is very much at the heart of this issue.

    Fortunately the FSF handles many cases like this every year and the vast majority of them are amicably resolved long before anyone goes to court. The NuSphere MySQL case is the exception, not the rule.

  115. Re:Sue til their blue by Anonymous Coward · · Score: 0

    sue the Lindows people.

    Yes, yes, yes, SUE THEM AND SUE THEM TIL THEY BLEED. A ton of high profile lawsuit will be a surest and quickest way to get rid of all this GPL foolishness.

    As companies learn that using GPL software means lawsuits, then they will get wise and forbid the use of GPL code in their office.

  116. Well, there is one way... by The+Pi-Guy · · Score: 1

    There is one way that we can solve this.... I know I've been dying to try this "Lindows" stuff.... Someone upload a Lindows ISO to an FTP, it's perfectly legal under the GPL, AFAIK. But, IANAL. (Enough acronyms?)

    --j

    1. Re:Well, there is one way... by Anonymous Coward · · Score: 0

      It's not legal under an NDA, you moron. You don't have to be a lawyer to understand that.

  117. Doesn't matter by Syberghost · · Score: 2

    It doesn't matter whether Robertson is on the level or not, we should leave him alone for now.

    When Lindows comes out, either he'll release the source, or he won't.

    If he does, then we win because we get the source, problem solved.

    If he doesn't, then the FSF can sue after he's made some sales, when his pockets are deeper. We don't win as big that way, but at least we mitigate the damage.

    1. Re:Doesn't matter by Eric+Smith · · Score: 4, Insightful
      Get real. Robertson complains about being attacked, and says we should instead praise him because he sponsors this, contributes to that, and benefits the community. The GPL requirement to make source available is not a great hardship; if he isn't willing to comply with such a minor thing, I'm not going to be impressed with the supposed benefits to the community that he's making, since violating the GPL harms the community in a very direct way.

      What possible reason could there be for claiming that he'll distribute the source for the final release, but not the beta? Is there something in the beta that shouldn't be there? Is he ashamed of his modifications?

      If the GPL allowed distribution in object form only of prerelease software, that would completely undermine the whole concept, since almost no free software is ever "final" (nor is most proprietary software, for that matter). Companies that wanted to keep their changes private, as Robertson apparently does, would simply release a never-ending stream of prereleases and betas.

    2. Re:Doesn't matter by civilizedINTENSITY · · Score: 2

      " There is a pragmatic reason that I ask you to fulfill your source-code obligation any time you distribute a copy of my work from one legal entity to another: sadly, some companies never make it to release 1.0. In that case, the pre-release versions provide the only opportunity for a company to fulfill its source-code obligation. "

  118. What about the "confidentiality agreement"? by Ulumuri · · Score: 1

    Part of the GPL is that any software covered under it should be freely distributable (this is basically what 3/4 of RMS's lectures complain about). However, as The Lindows.com FAQ points out, people who get Lindows are not allowed to distribute it. Even if they don't distribute their source, this sure looks like a GPL violation to me.

  119. Re:Let he who is without GPL violations.... by Anonymous Coward · · Score: 0

    File the first lawsuit. Good morning RMS.

  120. GPL Section 3 by darkonc · · Score: 2
    3) You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
    • a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
    • b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
    • c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

    So, for further clarity, You can only give pointers to third-party sources of the source code if that's how/where you got the object code you're distributing, and you're doing it noncommercially. On the other hand, if you distribute modified code, you have to point people to copy of your modified source. Generally, the easiest way to do this is to make sure that anybody who gets your object code gets {,access to} a copy of the source code, at the same time.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  121. The FSF betrays its true motives: Kill businesses by Brett+Glass · · Score: 0, Troll
    The "Free" (not!) Software Foundation -- as well as Bruce Perens, who is allied with it -- have betrayed their true motives: to destroy any and all businesses.

    In this case, it's especially ironic because they're attacking a company that could do a great deal to popularize Linux on the desktop. The fact that they're doing it anyway shows not only that they want to hurt software businesses but that it's their first priority. Providing an alternative to Microsoft isn't as important. Making things easier for users isn't as important. What matters to them is what mattered to Richard Stallman when he attempted to destroy Symbolics many years ago (cf the book "Hackers" by Steven Levy): to destroy businesses, big or small, that make money by writing software, and to prevent programmers from being able to make a livelihood that way. (Stallman, incidentally, states that specific goal for the GNU Project in his essay "The GNU Manifesto.")

    The FSF has become as Draconian as the RIAA: It is d attempting to use legal threats to destroy software businesses in the same way that the RIAA used them to destroy Napster. Who's next?

    --Brett Glass

  122. Yes, they did release their modifications by Stacdaed · · Score: 1

    They have released them and you can view and read about at http://www.lindows.com/lindows_products_license.ph p
    and download from http://net2.com/lindows/source/

  123. How long can it last? by Pinback · · Score: 1

    How long will their revenue model work after the product has left beta?

    Will anyone pay for a product that is available as source?

  124. You GPL programmer's don't mind... by Anonymous Coward · · Score: 0

    ... if Michael Robertson makes money off your backs while not compensating you a single cent, do you?

    You do?!? Why??? He's being so very nice by adding to the value of Linux and contributing to that GPL sourcecode...

    ... in his own good time...

    ... whenever he gets around to it...

    ... whenever that is...

    ... when he's DONE, you understand...

    ... didn't you know that Linux was proprietary?

  125. Re:Sue til their blue by Anonymous Coward · · Score: 0

    As companies learn that using GPL software means lawsuits...

    You mean: as companies learn that abusing GPL software means lawsuits.

  126. GPL sect 3b by Daengbo · · Score: 1

    I'm sorry to post at top level, but the number of posts misreading section 3b is so large, I don't know what else to do.

    Section 3b:

    >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,

    If you take out the clauses and read the main sentence (which I've highlighted) straight through, you will see that what most people here are asserting is not true by the license, that only those who receive the binary are entitled to the source. It instead says that ANY person (third party) can receive it upon request. This written offer only needs to be given to the recipient, however, and not, say, published for a period of two weeks in a local newpaper or national magazine, as many notifications must be. IANAL Daniel
  127. GNU is pretty clear on GPL for beta releases by dsoltesz · · Score: 3, Insightful
    The GPL FAQ seems pretty damn clear about this issue:
    Does the GPL allow me to distribute a modified or beta version under a nondisclosure agreement? No. The GPL says that anyone who receives a copy of your version from you has the right to redistribute copies (modified or not) of that version. It does not give you permission to distribute the work on any more restrictive basis.
    As addressed elsewhere in this discussion, Lindows must make available all the GPL source code to users who have the binaries, and cannot charge more for the distribution of the code than the cost of distributing it. If these subscribed users are not able to get the entire set of matching source code that's under GPL, Lindows is violating the GPL. I don't think it will hold up in court that members of the Lindows Insiders subscription service are "internal".
  128. Re:Eating Our Young - or Re-marketing Free Beer by todhsals · · Score: 1

    ...Do we really want alpha- and beta-level projects released and visible...

    Everythig except the quote above is totally unrelated to the issue at hand. The issue is that Lindows did release(distribute) the project. Of course only to those willing to fork over $99. I'm sure they would have been more than happy to accept $99 from the entire linux-using community so your point is meaningless.

    Lindows is a perfect example of the corporate desire to re-market free beer. The GPL is nothing more than an annoyance for this kind of operation and the open-source community is a free source of raw materials. Does anyone honestly think Mr. Robertson would create anything other than a shrink-wrapped, restrictivly licenced, binary only product if he was not obligated to do so by the GPL? I think not.

  129. Where is TiVo source code? by Anonymous Coward · · Score: 0

    TiVo (the PVR) uses Linux as well - so where is the source code?

  130. Idiots - You Idiots!!!!! by Anonymous Coward · · Score: 0

    Idiots idiots idiots ------

    Idiots!!!!!

  131. What do you expect from... by Anonymous Coward · · Score: 0

    ... a CEO whose establishment MP3.com had goals of promoting a format widely used to violate copyrights on music.

    Now he's stealing your source code, and violating _your_ copyright, whereas in the MP3 trade, he was just violating _someone elses_ copyright, so that's ok.

    And for some reason someone compared this behavior to Microsoft! Oh please, this is the reason why I turn the filter up to 5 and then laugh at only half of the responses to /.

    Perhaps there should be a filter in slashdot that actually works. Also (off topic), my LOTR Two Towers trailer thread was never posted... go get it at: http://www.movie-list.com/l/lordoftheringstrilogy. shtml

    Hypocracy is a 1.5 way street.

  132. Re:What's the big deal?R by Anonymous Coward · · Score: 0

    I have no such right because congress took that right away from me.

    Correct. So, finally, you agree that the FSF is not taking any rights away from you contrary to your previous claim?

  133. Re:What's the big deal?R by anthony_dipierro · · Score: 1

    Correct. So, finally, you agree that the FSF is not taking any rights away from you contrary to your previous claim?

    The FSF is acting in concert with congress to take away my right to infringe copyright. Congress provided the gun and the bullet, but the FSF pulled the trigger.

  134. Re:Doesn't really surprise me by GauteL · · Score: 2

    True. You have to make receivers aware of their right to aquire source, but it doesn't make my sentence any less true.

    You only have to provide source on request.

  135. just another publicity stunt by Anonymous Coward · · Score: 0

    I don't think that Michael Robertson minds the publicity, even if it is bad publicity. He's daring, that's for sure. Holding your own against Microsoft for naming your software like a Microsoft trademark minus a letter is pretty gutsy. Doesn't this mean that KIllustrator can stand up to Adobe now? How about Ghotoshop?

  136. Re:UNIVERSAL THEORY OF EVERYTHING by quinto2000 · · Score: 1

    A THEORY like the THEORY of evolution has not been proven, but is based on empirical evidence (inductive). A mathematical THEOREM is proven deductively, using the rules of logic.

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  137. that was a JOKE, you idiot! (n/t) by Anonymous Coward · · Score: 0

    ...what part of "no text" don't you understand???

    :)

  138. Employees are *paid*! by phliar · · Score: 2
    Beta testers are commonly defined by their contracts/livenses as employees and forbidden from distributing copies of the beta software. So, Lindows has a real point here.
    Bullshit!

    Last time I checked, the people in the QA and testing department didn't pay the company for the privilege.

    If Person X pays Lindows (and $99 isn't a "nominal" sum) for the privilege of running their Linux distribution, they're a customer and not an employee.

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    Unlimited growth == Cancer.
  139. Re:that was a JOKE, you idiot! (n/t) by quinto2000 · · Score: 1

    I have no sense of humor. I admit, I still don't see that the comment I replied to was joking.

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  140. Found were the Lindows source will be posted by grok42tampabay · · Score: 1

    Found where the Lindows source will be posted

    QUOTE
    All code changes made by Lindows.com to the above products are sent back to these organizations and/or will be made available for download here.http://net2.com/lindows/source/ (Keep in mind that LindowsOS hasn't even released a Beta version of LindowsOS, so the source code is very unstable and changing continually.)

  141. It may not *all* be GPL'd by Anonymous Coward · · Score: 0

    Face it, there is no requirement in the GPL that your 3d-first-person-shooter game you developed that runs *ON* a GPL'd OS, has to be GPL'd itself. Many current games are like this, the game itself can be proprietary, it just happens to run *on top of* Linux.

    Now, kernel tweaks they may have made to the Linux kernel code *would* have to be GPL'd, and distributed. But, if they wrote a large block of userland code that implements a lot of the functionality.. no, that does not have to be GPL'd or released as source.

    It really depends on how it is implemented. I don't recall what the WINE license is (GPL?)...
    Mods to any *existing* GPL'd software need to be released.. but any *new* software need not be GPL.

  142. more than 20 years ago by Anonymous Coward · · Score: 0

    The "work" that this guy did recall the creation of Microsoft BASIC when all these IBMPC clones things start. That Bill Gate "endorsed" someone else's BASIC and sold it to make a fortune. I am amazed that identical tactics still works well today.