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Why Mandrake is Too Cool for UnitedLinux

An anonymous reader says "Mandrake's lastest community (spam) newsletter contains their explanation as to why they won't join in on UnitedLinux. Besides the obvious geek-fun of rolling their own distro, they claim that the underlying idea of UnitedLinux is based on a flawed comparison to the Unix world of the 80's. " I think the whole UnitedLinux thing is lame- the distros that want to be compatible already are. UL is just the 2nd tier distros trying to get attention and ink away from the "evil forces" in North Carolina. I'll just stick to the best distribution and watch the fun from afar ;)

15 of 362 comments (clear)

  1. I am too cool by JeanMarieLepen · · Score: -1, Offtopic

    That's why I'll become France's next president. Merci

  2. Huh? by Anonymous Coward · · Score: -1, Offtopic

    "Lastest"?
    K, we see the money your parents gave you for grammar school went for a good cause....

  3. First Pot Post #@ +420 Lewis !!! @# by Anonymous Coward · · Score: -1, Offtopic

    Be Patriotic, Smoke Amerikan grown marijuana, not treasonous imports !!!!

    Courtesy of About 420

    Connotative Use/Meaning

    420 is a phreak s (and not just a hippie s) favorite number for a
    variety of reasons, or maybe for no reason at all, but colloquially
    the number says pot -- let s smoke pot, or someone s smoking
    pot, or gee, i really like pot, or time to smoke pot, either by
    time (4:20 a.m. or p.m.), date (April 20th), or otherwise (e.g. State
    Route 420). April 20th at 4:20 is marked by annual events in
    Mount Tamalpais, CA (an informal gathering); Marin Conty, CA
    (the 420 Hemp Fest); Ann Arbor, MI (the Hash Bash); and
    Washington, D.C. (buildup towards the July 4th Smoke-In).

    Original Source(s)

    Conventional wisdom: The most common tale is that 420 is the
    police radio code or criminal code (and therefore the police call)
    in certain part(s) of California (e.g. in Los Angeles or San
    Francisco) for having spotted someone consuming cannabis
    publicly, i.e. pot smoking in progress; that local cannabis users
    picked up on the code and began celebrating the number temporally
    (esp. 4:20 a.m., 4:20 p.m., and April 20); that the number became
    nationally popularized in the late 1980s and, more ferverently, in
    the early- to mid-1990s; and is colloquially applied to a variety of
    relaxed and/or inspired contexts, including not only pot
    consumption but also a good time more generally (in contrast to
    the drug war surrounding).

    Conventions are legends: 420 is not police radio code for
    anything, anywhere. Checks of criminal codes (including those of
    the City of San Francisco, the City of Los Angeles, Los Angeles
    County, the State of California, and the federal penal code) suggest
    that the origin is neither Californian nor federal (the two best
    guesses). For instance, California Penal Code 420 defines as a
    misdemeanor the hindrance of use (obstructing entry) of public
    lands, and California Family Code 420 defines what constitutes a
    wedding ceremony (Marco). One state does come close: The
    Illinois Department of Revenue classifies the Alcoholic Liquor Act
    under Part 420, and the Cannabis and Controlled Substances Tax
    Act are next, under Part 428. (RB 5/19/99)

    True story?: According to Steven Hager, editor of High Times,
    the term 420 originated at San Rafael High School, in 1971,
    among a group of about a dozen pot-smoking wiseacres who
    called themselves the Waldos. The term 420 was shorthand for the
    time of day the group would meet, at the campus statue of Louis
    Pasteur, to smoke pot. ``Waldo Steve, a member of the group who
    now owns a business in San Francisco, says the Waldos would
    salute each other in the school hallway and say ``420 Louis! The
    term was one of many invented by the group, but it was the one
    that caught on. ``It was just a joke, but it came to mean all kinds of
    things, like `Do you have any? or `Do I look stoned? he said.
    ``Parents and teachers wouldn t know what we were talking about.
    The term took root, and flourished, and spread beyond San Rafael
    with the assistance of the Grateful Dead and their dedicated cohort
    of pot-smoking fans. The Waldos decided to assert their claim to
    the history of the term after decades of watching it spread, mutate
    and be appropriated by commercial interests. The Waldos contacted
    Hager, and presented him with evidence of 420 s history, primarily
    a collection of postmarked letters from the early 70s with lots of
    mention of 420. They also started a Web site, waldo420.com. ``We
    have proof, we were the first, Waldo Steve said. ``I mean, it s not
    like we wrote a book or invented anything. We just came up with a
    phrase. But it s kind of an honor that this emanated from San
    Rafael. Maria Alicia Gaura for the San Francisco Chronicle,
    4/20/00 p. A19; and thanks to Noah Cole for the submission

    Alternate explanations

    There are a variety of other explanations, all much more interesting
    than police code, and many plausible. Some are more likely uses
    of the 420/hemp connection rather than sources of it, such as the
    score for the football game in Fast Times at Ridgement High,
    42-0.

    Known Myths: It isn t police code (see above). There are 315
    chemicals in marijuana, not 420. And although tea time in
    Amsterdam is rumored to be 4:20, it is actually 5:30 (Gerhard
    den Hollander).
    Sixties Songs: For instance, Bob Dylan s famous Rainy Day
    Women #12 and 35 is a possible reference, or source --
    12x35=420. And Stephen Stills wrote (and Crosby Stills Nash
    & Young performed) a song 4+20 (first recorded 7/16/69,
    released on Deja Vu 3/11/70) about an 84-year-old
    poverty-stricken man who started and finished with nothing.
    (Thanks to Sherry Keel 12/6/98.) Dylan aslo mentions 4 and
    20 windows in The Balland of Frankie Lee and Judas Priest
    (on John Wesley Harding).
    Older Verse: But 420 in poetry is older than that - Greg
    Keller notes the old nursery rhyme line, four and twenty
    black birds baked in a pie. Revelation 5:14 (in the King
    James Version of the Christian Bible) reads, And the four
    beasts said A-Men. And the four and twenty elders fell down
    and worshipped him that liveth for ever and ever. (Travis
    Spurley 2/15/99) And in Midnight s_Children, Salman
    Rushdie wrote, Inevitably, a number of these children failed
    to survive. Malnutrition, disease and the misfortunes of
    everyday life had accounted for no less than four hundred and
    twenty of them by the time I became conscious of their
    existence; although it is possible to hypothesize that these
    deaths, too, had their purpose, since 420 has been, since time
    immemorial, the number associated with fraud, deception and
    trickery. (Comet 2/14/98) Comet s best guess is that this
    refers to something in Indian mythology or numerology, since
    the book is set in India and frequently involves Indian history,
    culture, and religion. Given the high interest in Eastern
    religion among the phish/dead community, this seems a likely
    origin of 420 s current significance.
    Temporal Significance: Hands on analog clock at 4:20 look
    like position of doobie dangling from mouth Larry in
    Tuscan and Alex Mack 5/19/99). Disruptive students are out
    of detention and safetly away from school by 4:20, also
    rumored to be the time that you should dose to be peaking
    when the Dead went on stage Hart. The Waldos were a
    group of teens back in the 70 s that lived in San Rafael, CA.
    420 was the way they talked about pot in front of teachers,
    non-smoking family members etc. Also it was the time of day
    they could just go relax, and get baked. (PhunkCellar)
    Jamaicans purportedly worked till 4 then walked home then
    lit up. They would talk 420 like our parents talked about after
    5. That s when partying began Larry in Tuscan). Albert (not
    Abbie) Hofmann supposedly first encountered LSD at 4:20
    p.m. on 4/19/1943 (Bart Coleman citing Storming Heaven by
    Jay Stevens, recommended by Mickey Hart in Planet Drum).
    Surrealist painter Miro was born April 20, 1893. And
    www.filmspeed.com says the propoganda film Reefer
    Madness has a copyright date of April 20, 1936 (i.e. 4/20).
    (Patrick Woolford)
    Misc: Could be that it comes from hydroponics, the practice
    of cultivating plants in water often used by indoor marijuana
    cultivators, since 4 is used for H on a calculator (420/H20).
    (Nick Lowe 3/30/00) The number 80 (eight) is quatre vingt
    (pronounced cah-truh vahn), meaning four (times} twenty.
    Dan Nijjar 1/27/00 (No connection yet between the number
    80 and pot. A quarter pound is roughly 120 grams, rounding
    quarter-ounces to 7.5.) The titanic was supposed to arrive
    4/20/1912. (Thanks to RB.) Perhaps the heavy use of vt420
    terminals in the Berkeley area is to blame? (BTW, 420 in
    binary code is 110100100.)

    Ubiquitous?

    Now there s a 420 Pale Ale. One of the late-97/early-98 Got
    Milk ads featured a character eating cookies without milk and
    then passing a sign that reads Next Rest Area 420 miles (as Ross
    Bruning). Reportedly, all of the clocks in the movie Pulp Fiction
    are stuck on 4:20. Shirts with the number 420 on the red-and-blue
    interstate highway shield (Interstate 420?) have show up on the
    sitcom Will and Grace (Paul Risenhoover 5/14/99) and in several
    videos. UPS labelling software has a 420 postal code legend for
    next-day/2-day deliveries (which is how Phish tickets are sent).
    (Jack Lebowitz 10/3/98) MTV s 1997 Viewer s Choice Award (for
    the MTV Video Awards) was decided by calls to
    1-800-420-4MTV. And by May of 1998, the number was
    appearing in so many ads (eg Copenhagen 5/14/98 Rolling Stone
    p54, Corvette p55 5/98 Car & Driver) that its presence is
    presumed to be intentional. Many songs are around 4 minutes 20
    seconds long (since many songs fall between 2:30 and 5:30),
    including for example Pink Floyd s A Great Day for Freedom (on
    The Division Bell, 1994), the Foo Fighters My Hero, and
    Smokin from Boston s first album. There have also been some
    420 references on The Simpsons. In the re-run episode aired on
    April 20th, 1999 at a special time (probably in honor of those
    college students staying in the holiday spirit ;-), Homer mentions to
    Flanders that Barney s birthday is April 20th. Also, the jackpot sign
    in one part of the casino says $420,000. There are a couple less
    concrete ones, but these two have to be legit, especially since they
    decided to air THAT particular episode on 4/20/99. (Submitted by
    Matt Meehan 4/21/99) And (as of Fall 99) the 60 free minutes that
    Working Assets Long Distance offers, at the 7 cents per minute
    rate, is $4.20 free. There s even a band named 420, and another
    names . In the first fifteen pages of Karel Capek s novel War with
    the Newts, a man diving under wonder stayed down for four
    minutes and twenty seconds. Grant Garstka 1/6/00 At the
    suggested retail price ($3.96) and Michigan (6%) sales tax, a deck
    of Uno cards costs $4.20. Nic Boris 4:20 marks the first downbeat
    of the drums in Led Zeppelin s epic Stairway to Heaven. (Dan
    Harris) The bill authorizing force after the World Trade Center
    attacks of 9/11/01 passed 420 to 1, and news reports in following
    months noted many times that there are (or were then, anyway) 420
    airports in the U.S. Allan Morris And don t forget that Adolf Hitler
    was born on April 20, macabely celebrated (or at least
    referenced) via the Columbine High School shootings.

    Phish-related Occurances

    Whatever the origin, the number appears frequently... For the
    summer 1997 tour, TicketMaster service charges were $4.20. In
    the Fall 1997 Doniac Schvice Dry Goods section, a limited edition
    Pollack poster printed on 100% hemp is order number 420P. The
    Great Went was 420 miles from Boston (former home of Phish).
    The official logo includes 4 gills and 20 bubbles (Gringo
    11/12/98). As of 6/15/97, including covers and originals, Phish
    had performed a total of 420 songs (thought its 486 by 4/24/98).
    (David Steinberg). Lawnboy is 420megs of memory. Patrick
    Walker Phish s The Vibration of Life underlies a whirling loop
    with Seven Beats per second (which makes 420 beats per minute.)
    Trey has used the altered line woke up at 4:20 in Makisupa
    Policeman, which also often indirectly celebrates 420ing, e.g. by
    mention of goo balls. One of the funniest shirts around takes light
    jabs at both the 4:20 phenomenon and the rumored evolution
    (collapse?) of the Phish.Net (especially rec.music.phish) from
    being Gamehendge to Flamehendge, and beyond. The first day of
    the Great Went started at 4:20 (with Makisupa Policeman. (The
    second day started late, at 4:37.) Noah Cole The first single from
    Slip Stitch and Pass was played on WBCN 10/14/97 at 4:20 pm.
    An uproar at 12/31/96 can be heard on tape during the 2001, in
    response to an enormous digital clock (which was counting down
    to midnight) reaching 11:55:40 and reading -4:20. (Yoda)
    During the 9-12-00 2001, Trey hits the first riff right at 4:20 into
    the intro jam. (Cal 2/25/01) Some mail order tickets for the 1997
    New Year s run were in section 420. The first Mass Pike toll
    leaving Oswego was $4.20. (Camille Heath ) And the standard
    shipping for The Phish Companion through Amazon was
    originally $4.20.

    420 Shows: Phish performed on April 20 in 1989, 1990, 1991,
    1993, and 1994. The first day of the Great Went started at 4:20,
    although that was called a soundcheck by Trey after three songs.
    The Jazzfest Harry Hood 4-26-96 started at about 4:20 reported by
    Trevor. At Big Cypress, David Bowie was playing at 4:20 a.m.
    And the one event during the hiatus (10/8/00 - ?) featuring all
    four members - for Jason Colton s wedding - was 12/1/01, 420
    from: http://www.phish.net/faq/n420.html:

  4. Trolling 101: Building the Perfect Troll by pwpbot by Anonymous Coward · · Score: -1, Offtopic

    aAwhilebackDonHenleycreatedanalbumcalledBuildingth .ePerfectBeastHisfirstsoloalbumitsurprisedmanywith .trackslikeSunsetGrillAllSheWantsToDoIsDancemyfavo .riteDrivingWithYourEyesClosedandJonKatzsfavoriteB .oysofSummerIwaslisteningtothisalbumonillegallyrip .pedMP3swhilereadingtheSlashdottrollsandstartedbra .instormingwhatwouldmaketheperfecttrollThisarticle .servesasadirectedintroductiontobuildingtheperfect .trollFirstweneedtodefinetrollingThisisharderthani .tsoundsbecauseeveryonehastheirowndefinitionofatro .llorbettertheirowndefinitionofagoodtrollIamgoingt .ousemultipledefinitionstocreateaverybroadidealoft .hetermtrollAnypostthatmeetsONEofthedefinitionsbel .owisconsideredatrollaAmessagewidelyregardedasanan .noyancebAmessagewhichinsultstheeditorswithnoregar .dtomeritcAmessagewhichflamesanotheruserfortheirvi .ewsdAnymessagewhichisdesignedtoenragethestandards .lashdotuserForthepurposesofthispostagoodtrollison .ethatspawnsmanyangryresponsesThereareothersidesof 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    -pwpbot

  5. Re:Good for Mandy by Anonymous Coward · · Score: -1, Offtopic

    Another good name for Mandrake would be My First Linux(TM), since they are so userfriendly.

  6. Re:LINK CORRECTION by zdzichu · · Score: 0, Offtopic

    first think I thought about when I saw that wrong link. :-]

    --
    :wq
  7. Re:What? by Anonymous Coward · · Score: -1, Offtopic

    How the FUCK is gotak's posting a fucking troll?

  8. Re:Good for Mandy by Apostata · · Score: -1, Offtopic

    OffTopic??! How the hell is my post OffTopic??

    --

    This wasn't just plain terrible, this was fancy terrible. This was terrible with raisins in it. - Dorothy Parker
  9. Re:Good for Mandy by robbieduncan · · Score: 1, Offtopic

    This really is off-topic :)

    Why bother posting your reply. The moderator who did this to you can't come back and reply to you (not directly on the page anyway) without removing their moderation. Just live with it. Everyone gets bad moderations sometimes.

  10. Re:First of all.... by Anonymous Coward · · Score: -1, Offtopic

    So you are saying that Mandrake 8.2 is a little better than Slack?

  11. Re:First of all.... by dmarien · · Score: -1, Offtopic

    can someone please moderate this as interesting? i'm trying to collect them all!

    Moderation Totals: Flamebait=1, Troll=1, Informative=1, Funny=1, Total=4

    --
    dmarien
  12. Re:Good for Mandy by Anonymous Coward · · Score: -1, Offtopic

    maybe primafacie ontopic, but void of real content...

  13. Re:New definition of spam by FreeUser · · Score: 2, Offtopic

    Spam is unsolicited bulk e-mail with a specific commercial pitch or advertisement including a price.

    Wrong, and spoken like a true spammer. (I hope you are not a spammer, but your definition echos almost precisely that which is used by some Spammers to justify their bulk emails).

    SPAM is Unsolicited Bulk Email. Period.

    Whether it is promoting Salvation from the Lord Our God(tm), Senator Hollings Reelection Campaign, or the Latest Penis Extention scam, it is SPAM.

    However, opt in mailing lists are NOT SPAM because the Opt In process itself is an act of solicitation.

    Of course, if a vendor or web site changes your selection from 'not opting in' to 'opting in' then, of course it is SPAM, because in fact you never did opt in, and they have deliberately miscategorized their lists in order to decieve.

    Any bulk email that arrives without your having asked to be included on a list (e.g. for notifications, etc.) is SPAM. Period.

    All of that having been said, it is my understanding that Mandrake's Newsletter is opt in, which means by opting in you solicited it and it is therefor NOT SPAM.

    --
    The Future of Human Evolution: Autonomy
  14. The "Straight Truth" about the GNU GPL by Anonymous Coward · · Score: -1, Offtopic
    Some Questions Every Business Should Ask About the GNU General Public License (GPL)

    Within the software industry, the recent clash of source-code licensing philosophies has proponents of commercial software and open-source advocates frequently at loggerheads. Both commercial and open-source software models, however, have demonstrated value for various sectors of the software market, which has determined that multiple licensing and distribution models should coexist in healthy competition. The market, in fact, is driving both camps toward a middle ground where the most beneficial aspects of both philosophies are embraced.

    In May 2001, Microsoft® responded with a Shared Source Initiative (SSI) to provide source access to a broad range of customers, partners, independent developers, researchers and other interested individuals, while preserving the intellectual property rights that have sustained innovation throughout the industry over the past quarter-century. The SSI framework supports a spectrum of licensing programs, each tailored to the source-access needs of a specific constituent community. Meanwhile, prominent open-source developers began to adopt certain commercial distribution methods in their own pragmatic migration toward the middle. These developers commonly rely on open-source licenses, like those based on the Berkeley Software Distribution (BSD) license, that place few if any restrictions on licensees' subsequent use of licensed source code, including its use in commercial software development.

    Free software distributors, by contrast, use the highly restrictive GPL, which was created by the Free Software Foundation (FSF) in furtherance of its philosophy that software should not be subject to ownership, and thus that commercial software is inherently immoral. The GPL governs distribution of some popular free software, including Linux. The GPL may be beneficial to noncommercial developers and certain licensees in other contexts, but several of the license's terms and uncertainties should raise red flags for commercial developers considering its use.

    Because many businesses may not understand the GPL and its potential implications, Microsoft offers this document as a checklist and to provide important background information. Most or all of the following questions will be familiar to those who have examined the GPL. Many of them have generated considerable debate even among open-source and free-software advocates. Comments in this document are based on GPL Version 2, Lesser General Public License (LGPL) Version 2.1 and the GNU GPL FAQ page (www.gnu.org/copyleft/gpl-faq.html).

    The GPL is a complicated agreement. To understand your potential rights and obligations, you must interpret the various provisions of the license and apply them to your particular circumstances. Microsoft recommends that you obtain legal counsel as appropriate. This document does not and cannot offer legal advice.

    1. Have your lawyers read the GPL (and the LGPL)? Because the GPL is so frequently misunderstood and because it attempts, under certain circumstances, to impose significant obligations on licensees and their intellectual property rights, no responsible business should use GPL software without ensuring that its lawyers have read the license and explained the business' rights and obligations. They should also review and explain the Lesser General Public License, or LGPL, a related license that is sometimes used with open source libraries.

    2. How are you using GPL software and what obligations does it impose? The obligations associated with the GPL vary substantially depending upon the way in which GPL code is used. Even limited or relatively obscure uses (e.g., including a few lines of GPL code in a commercial product or linking directly or indirectly to a GPL library) may have a dramatic effect on your legal rights and obligations. To understand the potential implications of the GPL, you need to have a detailed understanding of your use of GPL code. Basing any analysis upon a superficial understanding may present serious risks.

    3. How does your use of GPL software affect your intellectual property rights? One of the most significant impacts of the GPL is its potential effect on your intellectual property rights. The GPL is widely referred to as 'viral' because it attempts to subject independently-created code (and associated intellectual property) to the terms of the GPL if it is used in certain ways together with GPL code (see Sections 2 and 3 of the GPL). For example, a business that combines and distributes GPL code with its own proprietary code may be obligated to share with the rest of the world valuable intellectual property (including patent) rights in both code bases on a royalty free basis. Other uses of GPL code may also create obligations for the user. It is important to perform a careful legal and technical review of this issue before using GPL software.

    4. What if you are simply a customer, acquiring GPL software from other businesses? Does the GPL have any effect on your rights and obligations? Section 0 of the GPL says "[a]ctivities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted." So, a customer who only runs the Program should have no obligations to the author of the code under the GPL. As discussed below, however, such a customer also has no rights from the author (e.g., no assurance that the code is even free from "known" copyright infringement problems) and may have liabilities to third parties. If, on the other hand, the customer's use of GPL code involves even limited modification, copying or distribution of the code, the GPL arguably does impose obligations to the author, discussed above and below. In assessing this possibility, customers should carefully consider what the GPL means by "copying, modifying and distribution."

    5. Can you develop applications for a GPL program, like Linux, without subjecting those applications to the GPL? This is a particularly important question. The answer will almost certainly depend upon a detailed analysis of the way in which the application was developed and distributed and will be subject to caveats regarding the interpretation and enforceability of the GPL. For example, the analysis will presumably involve a careful review of your development team's exposure to and use of GPL code during the development process, especially whether the application incorporated any such code or was otherwise derived from it. The analysis would also likely consider what libraries are used; how are they used (e.g., statically linked or dynamically linked); whether they, in turn, link to other libraries; and which licenses (GPL or LGPL) govern all of these various libraries. Similarly, the analysis would probably consider what header files are used; whether they, in turn, include other headers; and which licenses govern these various headers. In addition, the analysis would presumably consider whether the application is distributed with GPL code and, if so, how it is distributed and by whom.

    6. Can distribution of your code with GPL code require you to license your code under the GPL? Have you combined your own code with code licensed under the GPL? The GPL attempts to address these questions directly. Section 2 of the GPL says that identifiable sections of a work that are not derived from a GPL program and that "can be reasonably considered independent and separate" are not subject to the GPL when distributed as separate works. But if these separate sections are distributed "as part of a whole which is a work based on" a GPL program, then this distribution of the "work as a whole" is subject to the GPL. Section 2 also says that a "mere aggregation of another work not based on the [GPL] Program on a volume of a storage or distribution medium does not bring the other work under the scope of this License." A licensee is left with the difficult task of deciding whether a particular combination is a "work as a whole" (GPL infection apparently intended) or a "mere aggregation" (GPL infection disclaimed).

    7. If your software becomes "infected" by the GPL, do you have to give it away for free? Section 3 of the GPL says that you can copy and distribute a GPL program (or a work based on such a program) in object code or executable form, subject to several restrictions. You are supposed to make the corresponding source code available, for example, by including the source code with the object code or offering to distribute it to any third party (Section 3). Section 1 says that you "may charge a fee for the physical act of transferring a copy," but Section 2 says that you "must cause any work that you distribute or publish, that in whole or in part contains or is derived from [a GPL] Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License." The net effect is, apparently, that you are able to charge a fee for your software, but that right is significantly undercut by your obligation to give others (including your competitors) the right to distribute your software for free.

    8. Are your obligations under the GPL "flexible" or "proportional" to your use of GPL code? Suppose Business A uses a few hundred lines of GPL code in its existing 500,000-line proprietary program and makes copies for its own employees or distributes ten copies of the modified program as a collective work. Suppose Business B combines 500,000 lines of GPL code with an existing 1000-line proprietary program and distributes 500,000 copies of the modified program as a collective work. The GPL may be read as to require both businesses to share the source code for their modified programs (including their existing commercial programs) and allow royalty-free redistribution of those programs. This is true despite the potentially dramatic differences in the volume, value and copies of the GPL code used.

    9. Do you have all of the rights required to use GPL code? Could your use of GPL code cause you to infringe on the intellectual property rights associated with code you have licensed from others? The seemingly obvious answer to the first question is yes because those rights are provided under the GPL. The correct answer, however, may require more careful analysis. If, for example, you plan to combine and distribute GPL code with pre-existing code, the "viral" nature of the GPL may require you to provide source code for the pre-existing code to all third parties and license others to use it on a royalty-free basis (see Section 2). Unfortunately, if you licensed some of the pre-existing code from a third party, you may not even have access to the source code, much less the right to license it to the rest of the world on a royalty-free basis under the terms of the GPL.

    10. Do you have any existing obligations that might preclude your use of GPL software? Could your use of GPL code put you in breach of existing contractual obligations? As noted above, the use of GPL code with code licensed from another party could, under certain circumstances, arguably obligate you to sublicense the other party's code under the GPL. If you expressly agreed not to attempt to sublicense the other party's code, you should consider whether your use of the GPL code presents a risk that breaches your earlier contract. Even if no breach occurs, the GPL includes provisions that may make it impossible for licensees to retain both their GPL rights and rights under other agreements. For example, Section 7 of the GPL says that if "conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this license, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all." Suppose Business A has developed a program using trade secret rights that were licensed from Business B under an agreement that prohibited their disclosure. Now assume that A uses GPL code in a way that "infects" its program. Section 7 apparently says that use of GPL code in such a program is impermissible. This places A in an untenable situation: unless it persuades B to divulge its trade secrets to the world, A must cease distribution of its program. This may be true even if A's use of GPL code is minimal.

    11. Have you considered the risk that GPL code might infringe on third party intellectual property rights? Although it is always difficult for a business to ensure that acquired products do not infringe on third-party intellectual property rights, the risks associated with the use of GPL software may be substantially higher than those associated with commercial software. For example, given the distributed nature of open source development, you should understand what controls, if any, you have in place to screen unlicensed code or trade secret information from inclusion in the GPL program. This view is perhaps reinforced by the fact that Section 11 of the GPL expressly disclaims any warranties, including presumably a warranty that the program is free from infringements of third-party copyrights or trade secrets known to the contributor. You should also ask yourself if GPL developers may conclude that this disclaimer makes it okay to distribute code under the GPL when they know they don't have the rights required to do so. Developers of commercial software, in contrast, typically have procedures, contractual obligations, and a substantial financial stake in minimizing potential infringements.

    12. What happens if an intellectual property owner, who claims that your use of GPL code infringes its intellectual property rights, sues you? As noted above, Section 11 suggests that you are "on your own" with respect to defense of the suit and payment for damages.

    13. What is the extent of your liability for GPL-related infringements? Several provisions of the GPL may be read as requiring a GPL licensee to effectively sublicense its rights to the rest of the world (e.g., Section 2, relating to the modification and distribution of GPL works). GPL licensees should ask themselves whether, and to what extent, they might be responsible for the actions of their sub-licensees. For example, suppose Business A distributes a modified copy of GPL code to Businesses B, C, and D, and each of them further distributes 1000 copies. If Business A is sued for patent infringement relating to its use of GPL software, the patent owner might claim that the business is liable for direct infringement based upon the three copies distributed to Businesses B, C, and D and is further liable for direct, contributory, or induced infringement by the 3000 additional copies distributed by these businesses (and, of course, any and all later distributions by such businesses and their downstream sub-licensees). While actual liability would depend upon a host of factual issues, if Business A has deeper pockets than the other businesses, it should not be surprised to find plaintiff's counsel pursuing such an approach and claiming theoretically unlimited damages caused by Business A's limited initial distribution.

    14. Can the author of a GPL program 'unilaterally' withdraw your right to distribute the program? Section 8 of the GPL gives "the original copyright holder who places the Program under this License" the right to preclude distribution in certain countries based on patents or interface copyrights. It is not clear that a licensee has any right to object to this restriction, which may be solely within the discretion of the original copyright holder. It is also not clear whether this restriction can be imposed retroactively, although Section 8 does say, "this License incorporates the limitation as if written in the body of this License." Companies relying on GPL code should carefully consider the potential impact such a geographical restriction could have on their business.

    15. Can you use GPL tools in the development of your own software without subjecting your software to the GPL? As noted above, the GPL is sometimes referred to as being 'viral' because it attempts to subject related third-party code and intellectual property to the GPL. People concerned about this aspect of the GPL are probably careful about modifying GPL programs or combining their code with GPL code, but they may assume that their use of GPL tools cannot 'infect' the software they are developing. While this is probably true in many cases, it is not necessarily a safe assumption. For example, the 'Bison' parser developed by Richard Stallman, Robert Corbett and Wilfred Hansen was licensed under the GPL for some time before users realized that the software they were developing with the tool was arguably subject to the GPL. The potential exposure resulted from the parser's inclusion of incidental GPL material in the tool's output. In response to this problem, Bison version 1.24 and later was distributed with a 'special exception' regarding output files. The implication is that businesses concerned about the possible infection of their software by the GPL should make sure they consider: what, if any, GPL tools are being used by their developers; how those tools are used; and the possibility that such uses might subject their own code to the GPL.

    16. If the GPL requires you to 'contribute' your modifications to GPL code to 'the community,' are you sure that your competitors are doing the same? Assuming that two competitors are making similar use of GPL code, their obligations under the GPL should be the same. There are, however, a number of scenarios to consider. Some competitors may not understand their obligations under the GPL and, for that reason, might not share their improvements with competitors. Other competitors' interpretation of the GPL might lead them to conclude that they have no obligation because they might believe the GPL is unenforceable in its entirety. Some competitors may intentionally ignore their obligations under the GPL to obtain a competitive advantage, relying on a variety of factors to avoid compliance. These factors might include obscuring object code to hide use of GPL code and the strength and enforcement of intellectual property laws in the country where they are doing business.

    17. Does the GPL present any special challenges for businesses developing or distributing products with embedded software? The GPL does not expressly impose any 'special' obligations on embedded software businesses, but embedded businesses should consider whether the GPL presents any unique risks based upon scenarios common to the embedded product space. For example, the manufacturer of a hardware system that includes some embedded GPL software and some of the manufacturer's own proprietary software may find it particularly important to carefully assess whether the GPL and proprietary software form a 'mere aggregation' (GPL infection disclaimed under Section 2); a 'collective work' (GPL infection apparently intended); or something else altogether. Some embedded software developers, such as Caldera and Wind River, have publicly expressed concerns about the risks associated with the GPL.

    18. Are your software developers aware of the many development-related issues that may affect GPL risks and obligations? Are you asking (or allowing) them to act as your legal counsel and are you willing to accept that risk? Are you 'betting your business' on informal or anonymous interpretations of the GPL posted on the Internet? As noted by the Free Software Foundation (FSF), the potential implications of the GPL on software development ultimately depend on the way in which judges will interpret provisions of the GPL. A host of relatively detailed, development-related questions are also likely to be critical. You should probably make sure your developers are asking themselves a number of questions, including:
    What is the provenance of the code and tools being used?
    What licenses govern that code and tools?
    What do we do if we can't determine which license governs code included in an open source distribution?
    What happens if those licensing terms have been clarified or purportedly amended?
    Does our code use GPL code at runtime, whether through kernel calls, dynamic linkage, static linkage, or other mechanisms; if we are using libraries, do those libraries, in turn, link to other libraries (and, if so, which licenses govern those libraries)?
    If we are using headers, do they reference other headers (and, if so, which licenses govern those headers)?
    Will our code be distributed, combined or otherwise used with GPL code?
    Are we sure about our answers to these questions?
    Given the subtle nature of some of the legal issues presented by the GPL, you should also make sure your developers know when to consult legal counsel regarding any potential risks presented by a particular development activity. All businesses would be well advised to avoid taking actions based upon general 'understandings' of the GPL that are not based on a careful reading of the agreement itself.

    19. Who can you go to if you have a question regarding the GPL's interpretation, want to clarify your risks under the GPL, or amend your obligations? The GPL was developed under the auspices of the FSF. The FSF is not, however, necessarily the owner of any and all intellectual property rights embodied in particular programs licensed under the GPL. Section 10 recognizes this by suggesting that a GPL licensee could write to a program's author (or authors) for permission to distribute the program under different terms. In some cases, no single person or entity may own all of these property rights. As a result, a prospective (or existing) GPL licensee may find it impractical, if not impossible, to negotiate a desired change in its rights and obligations or even obtain a clarification of those rights and obligations. Even if a licensee were somehow able to identify key contributors and reach agreement with all of them regarding a desired change or clarification, presumably those contributors would be unwilling or unable to represent and warrant that they had the entire right and title required to do so.

    20. Are you using any software governed by the Lesser General Public License (LGPL) and, if so, how does that license affect your rights and obligations? The LGPL was developed by the FSF to give library developers an alternative to the GPL. Specifically, although the FSF generally discourages use of the LGPL, it notes that "using the Library GPL permits use of the library in commercial programs." The LGPL retains the 'viral' provisions of the GPL in the context of modifications to an LGPL library (Section 2). But a different set of obligations are imposed when code is linked to an LGPL library (Sections 5 and 6). If you are developing programs that link to LGPL libraries you should review and understand these obligations. You should also check whether the LGPL libraries used, in turn, link to other libraries and especially consider the implications if the LGPL library links to a GPL library.

    21. Does the use of GPL software reduce the acquisition value of your company (as a start-up) or a particular business unit (as a spin-off)? As noted above, the GPL attempts, under certain circumstances, to subject licensees' code and related intellectual property to the terms of the GPL (see, e.g., Section 3). Once your software is 'infected' by the GPL, it is not clear whether and how this process can be reversed. So, while GPL code may seem like an inexpensive, convenient and useful way for a start-up to develop a new product quickly, it may also have costly and long-term consequences for the start-up. Parties interested in acquiring the business are likely to conclude, as a part of any acquisition due diligence, that the business has already effectively given away most of the commercial value in its code.

    22. Does your use of GPL code present any issues re shareholder value and exposure to suit? In the context of initial public offerings, at least some businesses based upon GPL software have concluded that such software introduces risks that should be disclosed as part of the offering. These risks include: the companies 'inability' to offer warranties and indemnities because the code is developed by independent parties over whom the offering business has no control or supervision; the uncertain future of the code base (will further development occur and, if so, in what direction); the availability of the same code from other sources for free; and concerns about negative reactions from the open source community. (These issues are discussed in the '10Ks' of several of the publicly traded companies that distribute GPL programs). If you are beginning to use GPL code, you should ask whether this presents similar risks to your business.

    23. Do you have a process for reviewing and approving prospective uses of GPL software? Are you willing to use precious developer resources required to assess the impact of prospective uses of GPL code that you will depend on? Most businesses that are engaged in software development establish procedures to avoid tainting their development process with software that is subject to other people's intellectual property rights. Although GPL code is often described as 'free,' as noted above it may impose severe obligations on users and is perhaps even more deserving of a company-wide process regarding review and approval before use.

    24. Do you have or need any special procedures regarding potential GPL issues created by your licensing of third-party software and or acquisitions of software? Given the potential effect that the GPL may have on code and intellectual property acquired by (or licensed into) a company, it may make sense for businesses to develop procedures to ensure that such acquisitions and licenses are reviewed for GPL issues. For example, many companies have established 'due diligence' procedures to help them identify and evaluate potential issues associated with the acquisition of businesses, product lines, and intellectual property rights. Companies pursuing software-related acquisitions or investments should probably consider whether their due diligence procedures should be updated to specifically address GPL-related issues.

  15. Debian will make you appreciate your knowledge by kyoko21 · · Score: 0, Offtopic

    I think the subject speaks for itself. Yes, debian does have a pretty steep learning curve. That was the first thing he commented on about debian back in 1997 when he was running the IPv6 network on campus at Virginia Tech. (go hokies).

    However, when you get to the bottom of it all, debian has a very clean and modular type install. The base install is truly a BASE install. Unlike RedHat's base install of roughly 800 megs. And like many of the individuals who have posted, not everyone uses x86. If you can install debian on x86, you can basically install it anywhere on any platform (with also learning some new stuff about OpenFirmware if you are going to install it on PPC and or Sparc since those machines I have running debian as well).

    But the fact that the baseline install of Debian is truly small and compact, you can really tweak the install of NECESSARY packages/applications/libraries that you need.

    I for one do not know much about the hype behind UnitedLinux and don't really care for much of it. But the bottom line is that learning Debian isn't just learning about Linux, but you really get to learn about several other things during the process of learning it.

    As Bruce Lee once said: "Be Formless, shapeless like water. Now if you put water into a cup it becomes the cup, you put water into a bottle it becomes the bottle, you put it into a teapot it becomes the teapot. Now water can flow or it can crash, be water my friend."

    And that is what Debian is: water. :-)