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Is UnitedLinux Violating The GPL?

mmayberry writes "NewsForge has posted an article, UnitedLinux might not be very GPL-friendly. With a closed beta that includes an NDA, UL may be on the verge of angering a large part of their target market. You'd think that the likes of Suse, Turbo, SCO, and Conectiva would get the point by now..."

152 of 373 comments (clear)

  1. This is comical... by meis31337 · · Score: 2, Insightful

    What is the best way to NOT gain ground and support in the open source community??

    How bout violating the GPL. Duh.

    1. Re:This is comical... by Elbereth · · Score: 2, Insightful

      So, it's okay for you to ignore the copyright on movies and music, but they can't ignore the copyright on some software?

      I would die laughing if I saw modified, binary-only releases of GNU utilities on a P2P network.

    2. Re:This is comical... by mmol_6453 · · Score: 2

      Anyone stop to think they might be re-writing from the ground up?

      In that case, they'd own the copyrights. By not releasing the source until they're ready for a full release of an OS(Linux is the kernel, not the OS), they have the ability to, like Microsoft, unveil beatiful rainbows of extraordinary functionality, getting an edge over their competition. (It's hard to write a competitor to a project behind closed doors.)

      It's a perfect example of the way companies will be able to produce excellent Open Source products at a profit. Businesses will grab the products while they're hot, and the simultaneous source code release will be supported by the OSS community.

      At least, I think that's what they're trying to do.

      From the community point of view, that's pretty damn sad...

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    3. Re:This is comical... by debrain · · Score: 2

      There is a subtle philosophical difference between protecting the copyright of GNU and that of music and movies:

      The spirit of GNU is to provide freedom to the copyrighted material. As such, protecting software under GNU copyright is protecting freedom, and intrinsicly in the interest of the common person such as you and I.

      The spirit of the copyright of music and movies is protecting ownership for profit. Protecting those copyrights is all too often protecting the interests of transnational conglomerates, and typically the common person has no direct vested interest in that transnational's profits.

      Not to say that violating copyright is right or wrong for any reason. But certainly the interests that we have as free individuals are different depending upon that particular copyright, and as such our perception of "right and wrong" is not founded in a uniform copyright. The spirit of the copyright status is very different, from a moral point of view.

      Not all copyright is created equal in the eyes of the consumer. :)

    4. Re:This is comical... by Misch · · Score: 3, Informative

      They would have to be rewriting from the ground up. And they'd have to rewrite everything.

      *******

      GPL FAQ

      Q: Does the GPL allow me to distribute a modified or beta version under a nondisclosure agreement?

      A: 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.

      ********

      Or, they're distributing their version of Linux without any GPL'ed code in it. That would be kinda like giving someone a goldfish in a tank with a shiny plastic castle in it, except that there is no tank, no water, no goldfish, and no shiny castle inside of it.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    5. Re:This is comical... by Chris+Burke · · Score: 2

      So, it's okay for you to ignore the copyright on movies and music, but they can't ignore the copyright on some software?

      No.

      Next stupid question?

      --

      The enemies of Democracy are
    6. Re:This is comical... by numark · · Score: 2, Insightful

      There's quite a bit that they'd have to rewrite. Here's just a few of the programs that any Linux user can recognize that are GPLd:

      bash, gcc, glibc, both KDE and GNOME, plus quite a few other window managers, virtually all drivers in existence, etc.

      It's highly doubtful in the short year or so that UnitedLinux has been around for that all of those programs could either be replaced or rewritten. It's therefore logical to conclude that the UnitedLinux group is violating the GPL. There's virtually no way around it.

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    7. Re:This is comical... by BlowCat · · Score: 2
      Modified binary-only GNU Midnight Commander for BeOS

      The unmodified source doesn't compile because it heavily uses select(). The modifications have never been made public. All attempts to reach the author of the port have been unsuccessful so far. The binary-only version has been downloaded 5007 times.

      Now please put it on a P2P network and die (laughing or otherwise).

    8. Re:This is comical... by mmol_6453 · · Score: 3, Interesting

      I understand what you're saying, but I think the GPL has a gray area:

      The GPL allows you to distribute a closed-source modification of a GPL, as long as the distribution is within the organization making the modification. One could argue that by placing beta testers under an NDA, they're making those testers part of their organization. Who knows? Maybe they're giving them membership cards.

      Of course, UL can't make the entire world a member of its organization, so they'll have to release the source when the product goes public.

      This gray area hasn't been a secret. In fact, the Affero GPL was created for the purpose of closing this loophole. Problem is, nobody's using it because it limits the people who will use the software to corporations with no need to adapt it to their needs(a rare case where a custom-built system would normally be used), and people of the general OSS community.

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    9. Re:This is comical... by mmol_6453 · · Score: 2

      gcc and glibc I can see as being very difficult to rewrite.

      (I'm no expert, but I'll take a stab at it. I'm playing devil's advocate, unpopular as that is, on /.)

      While it's still slightly unstable, GNOME has gone a long way catching up with KDE, and that was without much corporate sponsership. With all of UL, I don't see that it would be impossibe for such a large organization. GNOME manages to retain certain compatibilities with KDE, so UL could probably accomplish simaler feats.

      Windowmanagers? They'd only need one, and they could probably put together themes for it.

      Drivers aren't an issue as long they run on the Linux kernel.

      The only thing I don't see them rewriting "overnight" is the X server. Even if they build it for a framebuffer target, it's still a massive, complex piece of software. I don't know how much the X Consortium's code would help.

      Remember, Microsoft has tens (hundreds?) of thousands of programmers dedicated to their suite of games, tools, and OS. UL consists of a lot of experienced Linux programmers, who I'm sure wouldn't refuse to code, so long as their source was released in the end. Professional Linux programmers are, IMO, a lot more dedicated, creative and productive than your run-of-the-mill I-hate-my-boss engineers. (Sorry Gene)

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    10. Re:This is comical... by hayden · · Score: 3, Insightful
      The GPL allows you to distribute a closed-source modification of a GPL, as long as the distribution is within the organization making the modification. One could argue that by placing beta testers under an NDA, they're making those testers part of their organization. Who knows? Maybe they're giving them membership cards.
      Ummm, no. The reason you can distribute GPL code internally in a corporation is (as far as I understand it) because in the eyes of the law the corporation is a person. Giving binary only GPL'd stuff to yourself isn't a violation so distributing around a corporation isn't either.

      As for this being a loophole, I think closing it would be a bad thing. Getting Free software on the inside of a company is a Good Thing.

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    11. Re:This is comical... by BlowCat · · Score: 2
      I believe that the binary of Midnight Commander you run on your Windows 2000 machine (if you do) has released source. The patches for Windows were posted, they just weren't applied. But if somebody decides to continue this work, the patches can be found in the mailing list archives.

      As for the "downfall of the GPL", I have to disagree. Somebody still needs to encourage developers to write new software or to make improvements. You cannot ask somebody to improve the software if you don't have the sources. Well, you can, but it will cost more. Now think about security holes.

      Only if most software is 100% secure, costs $0 and fully satisfies users the "downfall of the GPL" as you describe it would be a possibility. Unfortunately, it's not going to happen any time soon.

    12. Re:This is comical... by mmol_6453 · · Score: 2

      What makes someone a member of a corporation? A contract? NDAs fall under that description. (IANAL)

      As for closing the loophole being a Bad Thing, I agree completely. It just doesn't make sense to create a contract that can't be enforced. It's just lawyer food.

      (How can you prove they're using Affero-licensed software? You can't...Any more than I know what brand printer my teacher uses to produce his assignments.)

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  2. Considering the companies in UnitedLinux... by leviramsey · · Score: 4, Insightful

    ...It's not that surprising.

    SuSE are not exactly huge supporters of the GPL, what with a non-Free installer and configuration tools.

    Wasn't Ransom Love bashing the GPL a few years ago, while at Caldera and saying that the BSD license is better?

    1. Re:Considering the companies in UnitedLinux... by npietraniec · · Score: 2

      Yea, I don't know too much about the other 2 companies, but Caldera (er.. SCO) never was a big GPL fan, and Suse... Well, I never bothered to try them out because they don't provide ISOs. Mandrake has made probably 150 bucks off of me over the years because I was able to download and try out their distro. Now I buy official CDs because they're cheap, and I'm familiar with it... But I digress.

    2. Re:Considering the companies in UnitedLinux... by fault0 · · Score: 4, Informative

      > SuSE are not exactly huge supporters of the GPL, what with a non-Free installer and configuration tools.

      But they are heavy contributors in two of the largest free software projects in XFree86 (through Keith Packard, etc) and KDE (Waldo Bastian, Kurt Granroth, etc..) Of course, XFree86 is X11-licensed, and only parts of KDE are GPL, but the point is that SuSE makes many contributions to free software (The GPL doesn't matter here because SuSE doesn't release their installer under a X11 or BSD license either)

      > Wasn't Ransom Love bashing the GPL a few years ago, while at Caldera and saying that the BSD license is better?

      He said that the GPL was bad for buisness, but good for development. I wouldn't doubt that most other CEO's or CFO's would agree with him.

    3. Re:Considering the companies in UnitedLinux... by phaze3000 · · Score: 2

      and only parts of KDE are GPL
      Actually as far as I was aware all of KDE itself was free. TheKompany certainly produce some non-free software, but everything that comes with KDE is GPL'd AFAIK.
      --
      Blaming GW Bush for the Iraq war is like blaming Ronald McDonald for the poor quality of food.
    4. Re:Considering the companies in UnitedLinux... by fault0 · · Score: 2

      I was talking about the fact that KDE comes in various FREE licenses that are not always the GPL, like BSD, X11, Artistic, etc..

  3. Just chill, people by geekd · · Score: 5, Informative

    Leave your knee-jerk reactions at home for now, people. The FSF is on the case. Don't get all up in arms unless the FSF determines there is an actual problem.

    On the other hand, this Register story paints the upper brass at UL as clueless retards. But the Register always does that. :-)

    1. Re:Just chill, people by garcia · · Score: 2

      the article on newsforge did not put the brass in any better light. In fact they made her sound like an absolute moron.

      She didn't have answers to this question or that, she was shielded from answering any technical question about Linux (Line-Ux).

    2. Re:Just chill, people by lunenburg · · Score: 5, Funny

      Leave your knee-jerk reactions at home for now, people. The FSF is on the case. Don't get all up in arms unless the FSF determines there is an actual problem.

      That's right - save the knee-jerk reactions for when Red Hat changes a desktop theme.

    3. Re:Just chill, people by killmenow · · Score: 2
      clueless retards
      Please refrain from referring to the mentally retarded as REE-tards. Especially as clueless ones. It's demeaning. Besides, many of them have more common sense than "normal" folk.

      Also, if El Reg paints upper management types as mentally retarded, I know some mentally retarded people who would be offended. They're much smarter and more sensible than Management.
  4. Stupid Question by cosmosis · · Score: 4, Interesting

    Many of these companies are obviously violating the GPL, but exactly who is going to prosecute them? And if no one can effectively prosecute them, then what strength does the GPL really have? This is something I have never really understood. Anyone care to elaborate?

    1. Re:Stupid Question by leviramsey · · Score: 4, Informative

      The GPL is enforced through private enforcement. Basically, someone who holds the copyright on GPL software sues for violation of the license. So Linus could sue in this case. The FSF could sue because, presumably, UL will be shipping gcc, glibc, and/or bash.

    2. Re:Stupid Question by geekd · · Score: 5, Informative

      who is going to prosecute them?

      The FSF asks that authors of GPL software tranfer the copyright to the FSF, so that the FSF can take action against violators.

      From http://www.gnu.org/philosophy/enforcing-gpl.html

      So what happens when the GPL is violated? With software for which the Free Software Foundation holds the copyright (either because we wrote the programs in the first place, or because free software authors have assigned us the copyright, in order to take advantage of our expertise in protecting their software's freedom), the first step is a report, usually received by email to . We ask the reporters of violations to help us establish necessary facts, and then we conduct whatever further investigation is required.

    3. Re:Stupid Question by enjo13 · · Score: 2, Insightful

      I beleive that the only person with authority to prosecute them is whomever licensed whatever programs that they are violating the GPL with.

      So if I made "Nicks uber cool GPL spreadsheet" and United Linux decided to take it, make a couple of tweaks and not release the changes I would be the one who was harmed and thus have legal standing to go after them.

      I can also appoint a representative authority (with legal restrictions) like the FSF to go after them as well.

      The point being, that whoever is at the top of the GPL pyramid (AKA the original creator) has to be the one to actually take action.

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    4. Re:Stupid Question by aero6dof · · Score: 2, Insightful

      The NDA's might be incompatible with the GPL, but I'm not sure that the GPL is being violated unless one of the receiving companies tries to excercise their GPL rights with the UL distro and is denied. Now if UL was making it difficult for end customers to redistribute or receive source there might be a story here. Until then, it's just an undefined, untested legal situation. (And I doubt any of the NDA companies would will bother trying to redistribute the UL distro because of business reasons - not because they feel limited by an NDA.)

    5. Re:Stupid Question by fault0 · · Score: 2

      Offtopic, but I wanna give you props for making Andromeda. I've been using it for about 6 months and it's great :)

    6. Re:Stupid Question by Misch · · Score: 2

      So if I made "Nicks uber cool GPL spreadsheet" and United Linux decided to take it, make a couple of tweaks and not release the changes I would be the one who was harmed and thus have legal standing to go after them.

      Actually, under the GPL, I don't have to release any changes I make to a program unless I then distribute the program again. I'm perfectly welcome to download a program, change it, and use it for my personal use.

      Distribution is the point at which I have the responsibility to deliver the source code.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    7. Re:Stupid Question by ortholattice · · Score: 2
      Many of these companies are obviously violating the GPL, but exactly who is going to prosecute them?

      Well, the copyright holder I suppose. Heck, it actually would be kinda fun to have some multi-billion corp (I'll mention no names...) steal my GPL'ed stuff. Then I'd gleefully find a greedy lawyer to sue them for megabucks and hopefully (after the contingency fee) get rich also.

    8. Re:Stupid Question by rgmoore · · Score: 2

      Adding an NDA is directly incompatible with the GPL. Just read it:

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      Tacking an NDA onto the program would clearly classify as adding a "further restriction on the recipients' excercise of the rights granted herein." That makes requiring one a violation of the GPL. I'm not sure whether that's a violation that would actually void the NDA requirer's rights under the GPL, or if the NDA would just be considered to be void and unenforcable.

      --

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

    9. Re:Stupid Question by moogla · · Score: 2

      Nothing prevents you from adding an auxiliary clause to the license that stipulates what you just said. A "don't rebrand without my approval" clause would be in order. Perhaps you might call the license the "Andromeda" license. :-)

      --
      Black holes are where the Matrix raised SIGFPE
    10. Re:Stupid Question by fault0 · · Score: 2

      Actually, the GPL does prevent you from adding auxiliary clauses or changing the GPL itself.

      However, going back to the grandparent post, the GPL does disallow removal of copyright notices. A (small) part of the recent stinkup between Redhat and KDE indirectly dealt with this (removal of about kde menu items)..

    11. Re:Stupid Question by mpe · · Score: 2

      I beleive that the only person with authority to prosecute them is whomever licensed whatever programs that they are violating the GPL with.

      It the law worked even handedly it should probably work something like the Adobe/Elcomsoft case. Once the authorities have been tipped off the actual prosecution being handled by the state...

  5. Yes, but... by redragon · · Score: 2, Insightful

    The Linux community is pretty fickle. Seriously, with the number of licenses, distrobutions, holy-wars, does it surprise anyone that people are getting grumpy? There are just a lot of grumpy people, and seems a lot of them have a passion for Linux. :)

    I figured at some point someone's toes would get stepped on.

    --
    - Sighuh?
    1. Re:Yes, but... by cscx · · Score: 2

      Yeah, according to Slashdot logic, EULAs don't apply when made for Microsft and Apple OSes, but when it's the GPL it's suddenly a super-duper legally binding "let's sic' em' cowboy!" situation.

    2. Re:Yes, but... by ichimunki · · Score: 2

      Dear Troll: That's because EULAs reduce rights, the GPL offers more of them. Thanks for playing.

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    3. Re:Yes, but... by Ed+Avis · · Score: 2

      Well part of the difference is that the GPL isn't an EULA. You don't have to 'agree' to it and you are not bound by it. However, under copyright law you need the permission of the copyright holder to distribute a work, and that permission is available only under the terms of the GPL (in most cases). An EULA purports to bind you just because you try to run the software, even though running a program is (in most countries) not restricted by copyright.

      --
      -- Ed Avis ed@membled.com
    4. Re:Yes, but... by cscx · · Score: 2

      You don't have to 'agree' to it and you are not bound by it.

      So if these people didn't 'agree' to the GPL, they are not bound to it, and can do whatever they want with the Linux source? Right.

    5. Re:Yes, but... by Ed+Avis · · Score: 2

      They can't do whatever they want, because they would then be in breach of copyright. It is copyright law, and not any kind of 'agreement' or contract, that gives the GPL its force.

      As long as UnitedLinux is based in a country that applies copyright to software, they cannot distribute any code without the permission of its copyright holder (either the author or the FSF, in the case of most Linux stuff). So the copyright holder could sue them if they distributed code without permission - in other words, outside what is specifically permitted by the GPL licence they received.

      --
      -- Ed Avis ed@membled.com
    6. Re:Yes, but... by Wdomburg · · Score: 2

      >So if these people didn't 'agree' to the GPL, they
      >are not bound to it, and can do whatever they want
      >with the Linux source? Right.

      You seem impervious to the point. If you don't agree to the GPL, that does not mean you can do whatever you want with copyrighted material.

      Matt

    7. Re:Yes, but... by msaavedra · · Score: 2

      You have several misconceptions that need to be corrected. The parent poster was stating that the GPL offers more rights to distributors than copyright law does, while the MS EULA adds additional restrictions. He was not comparing the GPL to, for instance, the BSD license, which has even fewer restrictions than the GPL.

      I think the parent was stating a belief that software licenses in general are of questionable legality. If one were challenged in court, there is a good chance it would be found to be not legally binding. However, the creator's copyrights would still apply to the software. If the GPL is overturned, the software is still protected by copyright law, which is more restrictive than the GPL. It is in no licensee's interest to have it overturned, since they would actually lose privileges if the GPL were overturned. A court challenge is therefore unlikely. If the EULA were overturned, it would grant end users more freedoms. For instance, the ability to buy one copy of Windows and install it on all four of my PCs at home, which is permissible under copyright law but not under the EULA. Thus, challenging the EULA is much more likely.

      Finally, the GPL is not an end user license agreement (EULA) as you state. Users are under no obligation to accept the GPL when they install or use the software. The GPL only needs to be accepted if you mean to redistribute the software. Thus it is legally more like MS's OEM License agreements, which are even more restrictive than the EULA.

      And, of course, I should include the obligatory IANAL

      --
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      --Henry David Thoreau
  6. GPL Death Penalty by bwt · · Score: 4, Insightful

    I'm amazed that they would pull this. Their competitors have undoubtably contributed to some of the GPL software that is covered by the NDA.

    What incentive does a company like say Red Hat have to not enforce the GPL death penalty, which says if you violate the GPL, your licence is revoked (GPL, section 4 sentance 2).

    1. Re:GPL Death Penalty by bwt · · Score: 2

      GDP -- GPL Death Penalty
      I like that.

      I wonder what the actual penalties would be?
      They would be commiting commercial copyright infringement. The law can be extremely brutal in such a case.

      I would think it would go like this:
      A) Some GPL contributor would send them a cease and desist letter: "Action X by you violates the GPL. Accordingly, I am enforcing the GDP, see section 4"
      B) The other company says "Nah."
      C) The contributor sues for willful commercial copyright infrigement
      D) The court should determine whether the GPL was violated or not. If they can determine that the contributor is likely to win on the merits, they issue a temporary restraining order and/or a preliminary injunction. At that point the company can no longer ship product. Ouch.
      E) If the contributor persues and wins at trial the Court should reward the larger of statutory damanages (up to $100,000) or actuals. Actuals would include revenue directly attributable to infringement, with the burden of proof on the defendent to show what is or isn't included.

      I really wish that somebody would persue this route sometime. If it goes the way I think it would go, I seriously doubt that anybody would EVER violate the GPL again.

    2. Re:GPL Death Penalty by bwt · · Score: 2

      I disagree. Protecting their copyright from unambiguous infringement is not a "legal trick". The GPL is pretty damn generous. For somebody to turn around and violate it is contemptible and I, for one, would cheer if they got what they deserved. The NDA UL is using serves no other purpose than to allow them to do what the GPL forbids: hoard advancements. When those infringing acts are done to give them a business advantage, I can think of no better situation to kick them in the nuts.

      I guarantee you that if RedHat did this successfully, no one would **EVER** violate the GPL again.

    3. Re:GPL Death Penalty by bwt · · Score: 2

      Except that any REAL copyright lawyer (non-FSF) or judge, would see that the GPL doesn't disallow the violator to download another copy of the software, thereby receiving distribution rights.

      Assuming that they actually threw away all of their previous infringing code and started over and complied with the GPL with respect to reproducing what they had done before again, yes.

      But if their behavior didn't change, they would again be in violation of the GPL and I think any judge would think: "You were already on notice action X violated the GPL, but you repeated a separate instance of action X" and find two separate counts of infringement, with statutory damages up to $100,000 per occurance.

    4. Re:GPL Death Penalty by be-fan · · Score: 2

      GDP already stands for Gross Domestic Product. Can we call it GnuDP instead?

      --
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    5. Re:GPL Death Penalty by gorilla · · Score: 2

      Every TLA has multiple meanings. GDP has at least 12 meanings. Adding 1 more won't make much difference.

  7. On a side note... by chill · · Score: 3, Flamebait

    Ransom Love, the once head of Caldera, claimed he was stepping down from Caldera to head up UL.

    However, he has since disappeared from the scene. UL claims he never worked for them and has hired someone from "outside" for the position he was after.

    While heading Caldera, now the SCO Group, he had a great deal of input on the direction of UL.

    Maybe, with his non-involvement, this can get sorted out properly.

    UL also stated they will be using SuSE as a base distro and YAST2 as the installer, with contributions from the others adding on.

    Also, both RedHat and Mandrake are set to release new versions any day now. And RedHat's Advanced Server is selling better than expected, with a reported 8,000 units sold so far.

    --
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  8. Well then by sulli · · Score: 2, Insightful

    Don't use it.

    --

    sulli
    RTFJ.
  9. Ehm......about that closed beta... by The+J+Kid · · Score: 4, Insightful

    Not meaning too troll or anything, but...

    The GPL states that you must make the Source Code freely avilible to your customers...

    So if it's a closed beta only the people who recieve that beta have right to that source... and anyway, all the programmes are available on the internet (freshmeat) and as part of other distro's...!

    Speellling is mi graetest good ting!

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    1. Re:Ehm......about that closed beta... by SirSlud · · Score: 2

      The GPL also states that if you distribute the source, you must give the same rights to that person as you had.

      So you can't attach an NDA wtih GPL'd software/source saying, "BTW, you know the part in the GPL where it says now that you have the source, you can distribute it too, so long as you adhere to these conditions? Well forget it. You can't distribute it. We're ignoring that point of the GPL and you'd better not exercise that right."

      At least, thats my understanding. Please correct me if I'm off base.

      --
      "Old man yells at systemd"
    2. Re:Ehm......about that closed beta... by Scooby+Snacks · · Score: 2
      The GPL states that you must make the Source Code freely avilible [sic] to your customers...

      It also says you musn't interfere with their rights granted by the GPL:

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      Seems pretty clear to me: "You may make copies and give them away provided you give the recipients all the rights which I gave you."

      So if it's a closed beta only the people who recieve [sic] that beta have right to that source... and anyway, all the programmes are available on the internet (freshmeat) and as part of other distro's [sic]...!

      Yes, this is true. However, you miss a couple of important points:

      1. While it's correct that "only the people who recieve [sic] that beta have right to that source," the people who receive the source have certain rights which are granted by the license. To restrict those rights means that the license has been violated and any prior rights granted to the distributor have been revoked.
      2. Although "all the programmes are available on the internet (freshmeat) and as part of other distro's [sic]," that doesn't mean that they're the ones doing the distributing in this case. All that means is that when someone distributes an app through Freshmeat, that person must offer the source code and full GPL rights to it. When UnitedLinux distributes GPL-covered programs, they must do the same thing. It doesn't matter that other people already do it; "other people" cannot fulfill your obligations under this particular distribution license.
      In case you haven't read it, I strongly urge a reading of the GPL itself; it is certainly one of the most lay-accessible legal documents out there.
      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    3. Re:Ehm......about that closed beta... by Waffle+Iron · · Score: 2
      So you can't attach an NDA wtih GPL'd software/source saying, "BTW, you know the part in the GPL where it says now that you have the source, you can distribute it too, so long as you adhere to these conditions?

      Just to speculate, I suppose one could make the argument that the NDA is a separate contract not associated with the GPL. IOW, it's not that they've modified the GPL so that you can't distribute the work. Instead, you've entered into a separate agreement that says you won't distribute the work.

      Unlike the GPL, which is a license concerning copyright laws, the NDA could be an ordinary contract covering an exchange of commitments between two parties. Unlike a shrinkwrapped EULA, it would be actually signed by both parties.

      I have no idea if that argument would fly, but it might be what they are thinking.

    4. Re:Ehm......about that closed beta... by Sabalon · · Score: 2

      But if they are not the original copyright holders on the code (ie te Linux kernel) then they can not modify the license that code is under.

      Sure...they can say that they are giving the testers the code under the NDA, but that does not change the license that the kernel, gcc, etc... comes under in anyway. Since UL is using the GPL'd code, they MUST pass those rights on to whoever they distribute it to - with not further restrictions - or not use the code.

      So if they sign the NDA, that can't invalidate the GPL clauses.

    5. Re:Ehm......about that closed beta... by nuggz · · Score: 2

      the NDA is a separate contract not associated with the GPL.

      Yes, you could, however the net effect would be you are distributing the software and denying others the right to further distribute it .
      This clearly conflicts with the GPL requireing no further restriction.
      Since UL can't distribute under the GPL they cannot distribute at all.

      I hope the FSF gets them.

  10. Hardly unusual by leastsquares · · Score: 4, Informative

    Many Linux distributions first see light of day as closed betas. For example, the Xandros betas have been available to only a small number of people, all of whom have signed NDAs.

    As I see it, a closed beta is not a public release, and therefore not violating the GPL in any way.

    In these situations, making the full source available would not help anybody (1. slower development due to extra hassle, 2. most code is available from original sources anyway, 3. modified code will be in a state of unstable flux). At the point of full release, well, that's a different matter.

    1. Re:Hardly unusual by Angry+White+Guy · · Score: 2

      I wholehartedly agree. If they are trying to keep some form of order and control over their development cycle, then I say go for it! But if they don't make these sources available at the very instant that UL goes public, then nail their collective asses to the wall!

      I think that the FSF should just hold off for a bit, but be ready to do a full code audit on everything that is released. It's a big job, but hey, they're our big lawyer buddies, aren't they?

      --
      You think that I'm crazy, you should see this guy!
    2. Re:Hardly unusual by rjw57 · · Score: 4, Insightful
      The problem is that any NDA which restricts the right of the beta testers to distribute the distribution is in violation of the GPL. If the NDA mentioned doesn't remove the rights of the GPL and the beta-testers just don't re-distribute voluntarily, then the GPL isn't violated.

      The GPL only protects distribution rights for the people you distribute to, it doesn't require that you personally release it publically, only that you can't stop the people you do give it to from doing so.

      --
      Rich
    3. Re:Hardly unusual by leastsquares · · Score: 2



      The problem derived from how you define "distribution". You are allowed to use and modify the code for your own use and don't need to provide source to anybody else. This is still true if you are a company instead of a single person. Is a closed beta distribution outside of your company? This is the tricky, legally dubious, question. With an NDA, the testers are part of the company and therefore public distribution hasn't occurred, I think. Of course, IANAL.

      Another question is whether they are acting in accordance of the spirit of the GPL. Since they have already announced the release plans (i.e. all source available for free download) then I don't think they are. They would be within their rights to charge for access to the code, afterall.

      Don't agree? Then please write your own code. The question is not whether you will think it will help or not, the question is: Are you violating GPL?


      I do write my own code, most of which is released under the GPL, whilst the remainder is released under a BSD-like license. I know for a fact (I saw it whilst doing consultancy work) that at least one company uses a modified version of my GPL'd code without releasing the changes to the community. This is fine by me because it is for their internal use only. I'd argue that the closed beta tests are also for internal use only -- there was an NDA.

    4. Re:Hardly unusual by leastsquares · · Score: 2

      But "you" can be a company/cooperative/whatever rather than a single person. This is actually quite important.

      In most cases, software used as part of a job has to be licensed to company not to the individual (obvious example: MS office at work is licensed to the company. The linux kernel is no different in this regard). While used within the company it is not being distributed so long as only employees/partners/interns/whatever have access to it. (So once again the dubious point is whether a closed beta is to be considered public distribution, or not).

    5. Re:Hardly unusual by leastsquares · · Score: 2

      Yes.

      Except, I would have written "probably can" instead. ;) Where are the laywers when you need them?

    6. Re:Hardly unusual by Fastolfe · · Score: 2

      I would completely agree with you, if users were just being told to sign NDA's. But the concept of a "closed beta" is such that you are volunteering your time to test software for a company, in return for getting a nifty preview. In other words, you've become an agent acting on behalf of the company. You are no longer an independent user receiving software released from a company, you are acting in a limited capacity *as* the company. As a result, there is no redistribution going on.

    7. Re:Hardly unusual by Fastolfe · · Score: 2

      If this were true, GPL'd code would almost NEVER find use in a corporate environment. The biggest seller for GPL'd code is that people can modify it to suit their own needs. If a company wishes to use GPL'd code with their proprietary environment, it's quite likely some modification of that GPL'd code would be desirable to make it more compatible with that environment. If you were to force that company to release its changes, they'd have to release proprietary (and potentially trade secret) data.

      No company is going to want to open themselves up to that kind of thing.

      The fact is (as others have indicated), employees or agents of a company can *not* act as individuals when they're on the clock (and occasionally off-the-clock). If you're downloading GPL'd software on behalf of the company, YOU did not receive the software. The COMPANY did. The "recipient" of that software is the company, not you. Any changes you or other employees or agents make on behalf of the company are copyrighted by the company, and you have no rights to redistribute that until the company says you can. If the company decides to release a finished product to entities outside of that company, they're obligated under the GPL to release their modifications with it, but so long as you're acting as an agent or employee of that company, you cannot interpret the license as applying to you individually.

    8. Re:Hardly unusual by Fastolfe · · Score: 2

      Contract law recognizes corporations as individuals. When you're acting as an agent or employee of a company, YOU downloaded nothing. The COMPANY did. The company is the recipient in the context of the license, and until the company releases a piece of software, they have no obligations under the GPL to release code with it.

      If you are acting as an agent or employee of a company, and you receive software from a fellow employee, the company received software from itself. In other words, no redistribution has occurred. I can transfer a copy of software from my right hand to my left hand without ever being accused of giving it to someon else.

      The concept of a closed beta generally means you have volunteered your time for the company. You are now an agent of the company authorized to perform work (testing) in exchange for the preview. As an agent of the company, software you receive from the company has never changed hands.

      This isn't a matter of someone's "opinion" on what redistribution means. These are very standard concepts in the world of contract law. Please consult a lawyer if you are uncertain.

      If anything, the true question here is whether their NDA/other contracts do indeed qualify the participant as an agent of the company. I can see a fairly solid case indicating that they are, but not a water-tight one.

      But does it REALLY matter? When they end up releasing their finished product complete with code, is everyone still going to be so pissed with these guys for not releasing the code earlier? Come on..

    9. Re:Hardly unusual by Fastolfe · · Score: 2

      only someone with something to hide, or pure scumbags do the closed/NDA thing....

      I don't really understand this attitude. Lots of corporations make use of GPL'd software internally for their own purposes. This is the beauty of the GPL: people can modify it to suit their own needs.

      If companies were required to redistribute modifications whenever this application was deployed internally, GPL'd software would never be used in this capacity. No company wants to be forced to give out source code to the general public just for wanting to use that software internally. That's neither the intent of the GPL nor is it in the spirit of it.

    10. Re:Hardly unusual by Gleef · · Score: 3, Interesting

      leastsquares writes:

      Many Linux distributions first see light of day as closed betas.

      The fact that it's a "closed beta" is not the issue here.

      For example, the Xandros betas have been available to only a small number of people,

      What Xandros has or hasn't done also isn't the issue here. I don't know any details about what Xandros did, but I remember hearing that they talked to key Debian and FSF people. I would be surprised if they released GPL software under additional restrictions (particularly since an earlier version of their distribution got slammed for doing the exact same thing back when it was first beta tested by Corel).

      all of whom have signed NDAs.

      That is the issue. It is perfectly legal to release your own code under an NDA, or your distribution of BSD-licensed code. However, the GPL does not permit you to redistribute the software with additional restrictions, so wrapping a distribution of GPL software in an NDA is solidly illegal.

      It should be fairly simple for them to write the NDA containing appropriate holes for the GPL to peek through, something along the lines of "This NDA does not cover the software in this distribution licensed under the GPL, LGPL or any other license that explicitly precludes additional restrictions". This way, you still get a "closed beta", since nobody can redistribute the whole thing, but if people feel the need to redistribute a GPL'ed bit from inside the distribution, they retain the legal right to, as required by the GPL.

      As I understand it, the FSF is merely asking to see the text of the NDA, to ensure that it is worded so as not to violate the GPL.

      As I see it, a closed beta is not a public release, and therefore not violating the GPL in any way.

      The GPL does not say anything about "public release", it is a license for distribution, and a beta distribution, even a "closed" beta distribution, is still a distribution.

      In these situations, making the full source available would not help anybody

      I disagree, I have found source code helpful in many unexpected situations.

      Your comment here makes me wonder if you understand the situation, the question isn't "is source code helpful", the question is "is UnitedLinux violating the GPL". I'll do a simplified rundown: take Alice, Bob, Carol and Doug. Alice writes a piece of software, and releases it under the GPL. Bob creates a software distribution containing precompiled binaries of many different programs under many different licenses, and sells a copy to Carol. Neither Bob, Carol nor Doug have any interaction with Alice or her legal representatives.

      In order to legally distribute his package to Carol, Bob has accepted the GPL, and must abide by its terms (this is called a contract of adhesion). One of the terms is that he is legally obligated to make the source available to Carol (Section 3). Another is that along with the distribution, he must pass on a copy of the license to Carol, with no additional restrictions (Section 6). This ensures that, if Carol wishes, she can also accept the GPL and give a copy of Alice's software to her friend, Doug.

      If Bob distributes his collection under an NDA, that doesn't change his legal obligations to Alice. It doesn't matter that Carol can get the source from SourceForge, Bob is obligated to make it available to her himself. It doesn't matter that Bob wants to keep the details of his collection under wraps, he is required to give Carol a GPL, unencumbered by the NDA or any other additional restrictions. He can legally use the NDA to cover other parts of his collection, but not Alice's GPLed software.

      If Bob violates these terms, Alice has the legal right to sue, seek injunctions against Bob's distribution of her software, and so forth.

      The current Bob (UnitedLinux) is not necessarily violating the GPL, the FSF is trying to determine if they are or aren't. I assume, given past history, if the FSF determines that UnitedLinux is in violation, they will offer advice on how to do what they want to do without violating the GPL, and not go farther unless UL makes no attempt to fix the situation.

      (1. slower development due to extra hassle,

      Cost of doing business.

      2. most code is available from original sources anyway,

      As described above, it doesn't matter. UnitedLinux has the legal obligation to make all the source code used to produce the GPL software they distribute available to the people they distribute to.

      3. modified code will be in a state of unstable flux

      That's an easy one, the source code to make available is the source used to create the binaries being distributed. If your code is in such "unstable flux" that you don't know what you compiled in order to make the binaries, then you certainly shouldn't be doing a commercial beta distribution.

      At the point of full release, well, that's a different matter.

      No, it isn't. The GPL makes no distinction between distribution to one person, and distribution to the general public.

      Disclaimer: I am not a lawyer, the above should not be construed as legal advice. If you have an NDA to write, I strongly recommend you consult a real lawyer for advice on how to appropriately word it.

      --

      ----
      Open mind, insert foot.
    11. Re:Hardly unusual by leastsquares · · Score: 2

      This ground has already been covered, but you clearly put a lot of effort into your reply, so I think that providing a reponse is the polite thing to do.

      The initial question is whether the GPL has been violated by the UL guys as a result of their closed beta with an NDA. Such closed betas are not uncommon, even of GPL'd code. It is apparent that some of us believe this to be legal, others don't. I think everyone agrees up to the point where we ask whether a closed beta is distribution, or not. There is a fine line to be drawn.

      I am in the camp that believes that as a result of the NDA, the beta-testers should be considered as part of the organisation preparing the software for release. Therefore, the GPL is not violated since the software is only being distributed internally, which I think everyone agrees is allowed.

      Other people (probably the majority) believe that the beta-testers are not part of the organisation and therefore the GPL is clearly violated.

      It would be nice to know which side of the argument is correct.

      In UL's case the spirit of the GPL isn't broken anyway because they have already announced that all source will be freely available for download once they are ready to make a proper release.

    12. Re:Hardly unusual by Alien+Being · · Score: 2

      I agree. No, wait a second, I disagree.

      "Beta" testing means "outside" which does imply distribution. The line needs to be drawn somewhere. IMO, the reasonable place is in-between the Jargon File definitions of Alpha-test and Beta-test.

    13. Re:Hardly unusual by mpe · · Score: 2

      If this were true, GPL'd code would almost NEVER find use in a corporate environment. The biggest seller for GPL'd code is that people can modify it to suit their own needs. If a company wishes to use GPL'd code with their proprietary environment, it's quite likely some modification of that GPL'd code would be desirable to make it more compatible with that environment. If you were to force that company to release its changes, they'd have to release proprietary (and potentially trade secret) data.

      The GPL does not oblige you to distribute the code also it applies only to program code not to data handled by that code. If you alter a GPL wordprocessor the GPL does not affect any documents you have written with it, altering a GPL database does not apply the GPL to your data. In contrast there are proprietary systems which do "infect" your data.
      The vast majority of companies arn't in the business of supplying software to anyone else in the first place...

    14. Re:Hardly unusual by Gleef · · Score: 2

      leastsquares wrote:

      The initial question is whether the GPL has been violated by the UL guys as a result of their closed beta with an NDA.

      Yes.

      Such closed betas are not uncommon, even of GPL'd code.

      Which is why the FSF, whenever they find out that such a distribution has occurred, goes out of their way to make sure that the company has made it clear to their beta testers that the NDA does not cover GPL/LGPL code.

      It is apparent that some of us believe this to be legal, others don't. I think everyone agrees up to the point where we ask whether a closed beta is distribution, or not. There is a fine line to be drawn.

      I see the situation differently, it looks to me that some people here feel it ought to be legal to NDA GPL code in a "closed beta", and are coming up with spurious arguments with little to basis in fact, in an attempt to convince themselves that it is legal. I have yet to see a credible argument that it is legal.

      I am in the camp that believes that as a result of the NDA, the beta-testers should be considered as part of the organisation preparing the software for release.

      Part of the organization how? You have a contract with the company, that doesn't make you an employee of the company. Even a contractor doing a work-for-hire for a company, invokes the GPL when releasing that work to the company. How does being someone who managed to get on the beta test program make you more a part of the company than someone doing work for the company?

      Therefore, the GPL is not violated since the software is only being distributed internally, which I think everyone agrees is allowed.

      I agree that internal use is allowed, but I don't agree that you can declare use outside the company to be "internal use" so trivially.

      Other people (probably the majority) believe that the beta-testers are not part of the organisation and therefore the GPL is clearly violated.

      I would like to point out that among the people who feel that a beta test is not internal use is the FSF, the authors of the GPL, and the single largest copyright holder of GPL software.

      It would be nice to know which side of the argument is correct.

      I would like to hear the argument. You've asserted that you think it's internal use, but you haven't offered any argument that would make it internal use.

      In UL's case the spirit of the GPL isn't broken anyway because they have already announced that all source will be freely available for download once they are ready to make a proper release.

      In UL's case the contract of the GPL probably isn't broken, because chances are they will make a statement clarifying that their NDA doesn't cover GPL/LGPL code, just like Corel did in the same situation.

      The spirit of the GPL isn't "It'll be Free soon"; the spirit is: whoever uses the software has the freedom to use, examine, modify and redistribute the software. An NDA takes away that freedom. By using an NDA at all, UnitedLinux makes it clear that they are not interested in "the spirit of the GPL", but at least the law of the GPL can be enforced.

      --

      ----
      Open mind, insert foot.
    15. Re:Hardly unusual by leastsquares · · Score: 2

      ...what if another company tries to sell you GPL software but you must agree to its NDA...

      In that case the company would be SELLING (i.e. distributing) software. I wouldn't be an agent of the company, which is what the sticky issue is here. That clearly would be a violation of the GPL.

  11. Excuse me... by stubear · · Score: 5, Funny

    ...I saw all the torches and hayforks. Is this the Frankenstein lynching party or is that one two villages over?

    1. Re:Excuse me... by Phil+the+Canuck · · Score: 4, Funny

      Nope. This here's a hangin'. You wanna be gettin' back on the highway. Head north, take the second exit.

    2. Re:Excuse me... by stubear · · Score: 2

      FINALLY!!! Someone who saw the humor in this. I was beginning to think the slashbot moderators were asleep at the wheel again, letting their autonomous anti-linx comment 'bots scour slashdot for negative comments regardless of humor value.

  12. Public Release vs Distribution by nuggz · · Score: 5, Interesting

    Being a public release or not is irrelevant.

    If it is distributed, it MUST be distributed under the terms of the GPL.

    1. Re:Public Release vs Distribution by Richard_at_work · · Score: 3, Interesting

      Ahem, bollocks. I can release a GPL program to a select few individuals who have signed agreements with me with no problems, as they can be deemed part of my company now. It has already been stated before that a company releasing software to its employees or affiliates is basically the company distributing to the company, ie itself. Thus the GPL doesnt stand.

      Do you give the source code for GPL programs to everyone who works for you? Doubt it.

    2. Re:Public Release vs Distribution by bwt · · Score: 5, Informative

      You actually have to actually be a company and they have to actually be employees. You can't just pretend you are a company. That is a sham and trying to pull that in front of a judge would not be wise.

      They can't even be "contractors", because the GPL forbids you to distribute to people with additional conditions, which your contract would impose.

    3. Re:Public Release vs Distribution by MrResistor · · Score: 5, Informative

      It is you who are incorrect.

      The only way you can release GPL code under an NDA is if you are the origional author of every single line of the code. Otherwise the origional author can invoke the GPL death penalty, removing all your rights to whatever code they wrote, and thus invalidating your NDA.

      Since UL obviously isn't the origional author of all, most, or likely even a significant amount, of the code in their distro, their NDA can probably be shot down quite easily.

      Do you give the source code for GPL programs to everyone who works for you? Doubt it.

      If you have the employees install the software themselves you are legally required to provide them with source if they request it. If you are installing it and they are merely using it, then you aren't distributing it and there is no requirement for you to provide source.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    4. Re:Public Release vs Distribution by nuggz · · Score: 2

      No you can't. You would be restricting further distribution.

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

    5. Re:Public Release vs Distribution by Fastolfe · · Score: 4, Interesting

      So long as a piece of code remains within a company or organization, it's not redistribution. It is a company that takes posession of GPL'd code, not individuals that happen to have a business relationship with one another. As far as contracts or licenses are concerned, a corporation is a single distinct entity, and employees of that corporation operating as employees or agents of that corporation are not "individuals" that can extend license agreements to apply to themselves individually.

      I cannot buy software on behalf of the company and interpret the terms of the agreement to mean that I can take it home and start using it for my personal purposes.

      By participating in a closed beta, you are acting as an agent of the company. The software is not being redistributed here.

      This issue has come up time and time again on Slashdot, and every time, we hash out these same arguments.

    6. Re:Public Release vs Distribution by Fastolfe · · Score: 3, Insightful

      A "recipient" is not explicitly defined to be a human being. Corporations enjoy status as individuals just as people do. You can license software to corporations, and the corporation is what ends up taking possession of the software. People acting as agents or employees of a company do not receive individual rights to software licensed to the company (which is what's happened here).

      You are *perfectly* free, however, to go download the same GPL'd software on your own time and do whatever the hell you want with it. But don't expect to be able to include your company's copyrighted code in your derivative until your company has released that code.

    7. Re:Public Release vs Distribution by Fastolfe · · Score: 2

      However, you can't give your specially tweaked version of the kernel to someone under the condition that they have to keep it hush-hush.

      Absolutely correct. But if a company is developing a tweaked version of the kernel for use internally with their servers, those "tweaks" are copyrighted by the company. Just by passing this new kernel around, getting it deployed, or getting other developers in the group to participate, there is no redistribution going on in the context of the GPL.

      Now, if you were an employee and received one of these tweaked kernels, you would not be permitted to simply redistribute it, since you do not own the copyright on the code that the company wrote. If the company decided they wanted to redistribute it (i.e. to entities not working for the company), they'd have to do so under the terms of the GPL and would then be obligated to distribute the source as well.

      I think many of us are working under the assumption that some aspects of this UL work do have portions copyrighted by UL. Until UL decides to release this to people not acting as agents or employees of UL, their copyrighted portions cannot legally be redistributed.

      However, any GPL code that they modified does not belong to them exclusively - they cannot release it under an NDA unless every previous author grants them a liscense to do so.

      Correct, but again, I think you're overlooking a vital fact here: employees or agents for a company are not individuals. If someone downloaded GPL'd software on behalf of the company, the company received that software (and is the "recipient" in the context of the license), not the individual. When the company adds code or otherwise creates a derivative work, they can do whatever they want with that so long as it doesn't leave the company.

      The real question is whether or not a closed beta does indeed qualify the participant as an agent of the company. If it does, the software never changed hands: it remained within the company, no redistribution occurred, and no GPL requirements were violated.

    8. Re:Public Release vs Distribution by HopeOS · · Score: 2
      The GPL explicitly states that it cannot be released in this fashion. It further states that if the distribution cannot be released such that it complies with the GPL terms, it cannot be released at all. Hence, the addition of an NDA violates the GPL, and would prevent you from legally distributing.

      From the GPL FAQ:
      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.
      And again from the GPL itself:
      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein...
      Seems fairly clear to me.

      Also, claiming that the individuals under NDA are thereby employees of your company will not stand up in court. The copyright holders would naturally subpoena your payroll and invalidate that argument. If you don't pay them wages, not to mention maintain and submit all the associated tax records, you do not employ them. Period.


      -Hope
    9. Re:Public Release vs Distribution by Micah · · Score: 2

      Interesting.

      The real question is whether or not a closed beta does indeed qualify the participant as an agent of the company.

      I would guess that it does not. A closed beta recipient is (generally) not being paid by the company, has no permanent relationship, is installing the software himself, and is not using the company's hardware. IANAL.

      However, UL might just be intending to apply the NDA to the non-GPL parts of the distro. Why would they care if someone took the gcc from their closed beta and redistributed it? The installer and config utilities are what they're concerned about (I think). Of course, if they have a heavily modified KDE, then they would NOT be able to keep their beta testers from redistributing that, including their modifications.

    10. Re:Public Release vs Distribution by Fastolfe · · Score: 2

      A closed beta recipient is (generally) not being paid by the company

      Compensation need not be in the form of money. The compensation here could easily be the "sneak preview" that the testers receive. If the participants got nothing back, few would want to be testers.

      Of course, if they have a heavily modified KDE, then they would NOT be able to keep their beta testers from redistributing that, including their modifications.

      There's no "of course" about it. The answer to this question depends on the first: whether or not the contractual agreement (NDA, etc.) the testers make qualify them as agents of the company. If they don't, then I agree, but if they do, then redistribution depends on the terms of that contract. The terms of the license (whatever style license it is) apply to the company here, remember.

    11. Re:Public Release vs Distribution by Chops · · Score: 2
      Nay, bollocks to you, sir. GPL 2 section six, straight from /usr/share/common-licenses:
      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
      Emphasis is mine.
    12. Re:Public Release vs Distribution by Micah · · Score: 2

      Granted that this is just gut instinct, but I really don't think that would fly. By any reasonable definition, a beta tester is NOT part of the company. In fact, going back to the original definitions, alpha testing is done inside the company and beta testing is done outside the company, once the product is deemed to be in somewhat stable shape internally.

  13. Amazing! by Jason+Earl · · Score: 5, Insightful

    RedHat has been handing these guys their hats for years now, and they still don't get it. It's the developers and the systems administrators that get Linux in the door, and likewise it is the developers and systems administrators that end up picking the distribution that gets deployed when the suits finally get the go-ahead. This is actually good news for distributions like SuSE, or Connectivain that if management makes the decision you can bet that they are going with RedHat, because they are perceived as the front-runner.

    SuSE, SCO, Turbo, and Connectiva have to have made this connection by this point. After all, SuSE and SCO have had distributions that were as good or better than RedHat since the earliest days of RedHat's existence. Yet RedHat consistently has grown their market share and nabbed the big customers while the rest have struggled. The reason for RedHat's success is simple, they release their code under the GPL, and they actively court developers and systems administrators. Not that RedHat is neglecting CIOs. I am sure they are schmoozing the heck out of those guys too, but they realize that Freedom is an important selling point for Linux.

    Think about it for a moment. As a developer or systems administrator which distribution would you rather deploy? Would you deply the distribution with FTP access to their emerging beta version or the distribution that requires you to sign an NDA before they will send you the binary-only CD? The choice for anyone that has ever banged his head against some piece of black-box software is obvious. Even CIOs are starting to get this.

  14. Is this only a temporary violation? by gosand · · Score: 2
    I find this interesting, because it seems like this is just a temporary violation. They distributed their beta with an NDA, but it is assumed that once they go GA with it, there will be no NDA and the source will be available.

    Yes, releasing a closed-beta seems to be in violation of the GPL, but how else would you do it? If you created some software, and you wanted to just give it to a few select people for evaluation, you couldn't do it under the GPL. Distribution is distribution, and you must allow them to re-distribute it. This seems like a flaw to me. This assumes, of course, that you are planning to "officially" release it at a later date under full compliance of the GPL. Hmm, anyone have an answer to this?

    --

    My beliefs do not require that you agree with them.

  15. Find a user! by nuggz · · Score: 2

    Has anyone been able to find a user who has this distribution.
    Perhaps the FSF can get the terms from them

  16. The adventures of RMS: Defender of the GPL by sfraggle · · Score: 5, Funny
    Deep inside the Free Software Foundation's secret underground headquarters:

    BMK: RMS! The GPL software alarm! Someone somewhere is releasing GPL'ed software under a non-GPL compatible NDA!

    RMS: I might have guessed.. my arch nemesis the greedy capitalist Ransom Love, now using the power of his UnitedLinux alliance. Quick, Bradley, to the GNU-mobile!

    ....... several minutes later, outside the UnitedLinux building ....

    RMS: So, Ransom Love, still up to your old tricks eh? And still using names for products that dont properly reflect the GNU project's contribution as well!

    RL: Theres nothing you can do this time, Stallman! I'm releasing this beta and theres nothing you can do to stop me!!

    RMS: Not so fast, Love. You didnt reckon with my MAGIC BEARD!

    RL: OH NO!!!!

    **** ZAP ****

    ....... later, back at the FSF headquarters ....

    BK: Well, RMS, we certainly stopped that evil Ransom Love.

    RMS: Yes Bradley, for the time being the world is safe again from the evil of Proprietory Software. But who knows when software hoarders will attack next?

    Meanwhile, in the ruins of the UnitedLinux HQ..

    RL: It's not over yet! I'll get you next time Stallman, next time!!!!

    --
    were you expecting to see a sig here? perhaps you'd rather see the inside of an ambulance!
  17. How does an NDA violate the GPL? by dasmegabyte · · Score: 2, Insightful

    NDAs generally prevent you from talking to people OUTSIDE a beta group about the product. Little prevents you from talking to others in the group about it.

    The GPL guarantees copyleft to the "community" and availability of source to customers. As long as the beta members can get the source are free to share their changes to the source with other members of the beta group, they've maintained these rights, NDA or no. And UL doesn't have to worry about supporting a thousand different takes on a hundred different betas -- or about unfair reviews based on "stolen," partially working prereleases of their distro.

    I've read the GPL a couple times, and have never gotten the perception that it prevented a company from preserving its right to sell a product and not offer Joe Q. Hacker full rights to recompile the source. As long as actual customers have rights to source, and a forum for sharing updates, I think there can be "closed" projects that maintain the GPL.

    --
    Hey freaks: now you're ju
    1. Re:How does an NDA violate the GPL? by Chops · · Score: 2
      I've read the GPL a couple times, and have never gotten the perception that it prevented a company from preserving its right to sell a product and not offer Joe Q. Hacker full rights to recompile the source.
      Ah yes, when you download a pile of software other people wrote, slap a shiny new sticker on it, and sell it for a profit, nothing is more important than the right to prevent the greedy thieving unwashed masses from copying it amongst themselves without paying you for the privelege.

      Pity the founding fathers didn't think of that one, isn't it? All this hassle could have been avoided.

      ;-)
  18. Call me a cynic... by perrin5 · · Score: 4, Insightful

    Look,

    Anyone commenting "Those bastards shouldn't violate the GPL!!!!" need to read the article, and if they have, they need to get their critical thinking caps on and RE-read the article. For all of you who just skim over the comments before making your own (I know you're out there), Here's a brief synopsis:
    our "heroes" (the writers of this rather elitist sounding article) were concerned about the closed beta testing that went on, and asked how they "got away" with it w/o violating the GPL. UL said something non-commital, which the article attempted to paint as evil, and included a letter from the FSF asking to SEE the NDA that beta testers had to sign.

    THAT'S IT!! There is NO PROOF OF ANYTHING. TO my mind, this is just a giant FUD (yep, I said it) to drum up anti-UL sentiment. The UL people didn't say anything bad during the conference call, as far as I can tell, but the tone of the article is set up to riducle and shame the UL project for anything it said out of line. (see the crack about "line-ux"...

    So maybe I'm over-reacting - but on the other hand, just cause you're paranoid, doesn't mean they're not out to get you.

    just my $.02

    --
    hmmmm?
  19. Re:Who enforces the GPL ? by tchuladdiass · · Score: 2, Informative

    Actually, you can sue for what would be a resonable ammount for you to charge for an alternate license. That is, you can license your code under the GPL, but if soneone doesn't want to be bound by it, they can negotiate a seperate license with you (i.e., if they wanted to keep their changes proprietary). Therefore, you could sue for what you would charge for this alternate license, plus treble damages.

  20. Re:GPL is Free Source not Free Binaries by SirSlud · · Score: 2

    You cannot pass along GPL'd software with conditions attached that *reduce* the terms of the GPL for that receiving party. (This would be like me distributing Vendor X software and having people sign NDAs that _force_ them to break the terms of the licence attached to the Vendor X software .. what was the point of the Vendor X licence then?)

    If you give me GPL'd software, I can redistribute it if I adhere to the conditions set forth in the GPL. You cannot tell me that I must ignore certain rights given to me by virtue of you distributing GPL'd source/software.

    This is the 'viral'ness that MS hates, but its so wonderful if you think about it; you can't go out and grab value, and redistribute that value, while improving your positioning in the marketplace by reducing the rights of the people you are distributing the software to. It creates an even playing field for all; and lets us try and restore our economy to a meritocracy where people create value through collarberative work rather than information hoarding and reinventing wheels ...

    If anything, the GPL simply ensures that people can benifit from authors' work without those same people abusing the terms and conditions you'd like to attach to your software. If you dont like the GPL, create your own licence, but the whole point is that the GPL's "restrictive terms" ensure to the original author that his hard work will never be used so that somebody else can gain a competative advantage through information hoarding.

    I don't get it .. don't you think its more efficient for everybody to run as hard as they can to the finish line, even helping each other along the way, instead of spending so much time trying to trip each other up and prevent others' progress such that *everybody* runs the race slower? It seems obvious to me that the more open you make the scientific community, the more progress it can make with less work. One company might not become a true victor in a market, but who the hell cares because the whole point of this system was to encourage technological development and collarberative work in the first place ..

    --
    "Old man yells at systemd"
  21. The FSF owns the copyright on glibc by JoeBuck · · Score: 3, Informative

    We don't know whether any actual violation has taken place. However ...

    No Linux distribution can do anything without the C library, which is owned by the FSF; they would have grounds to shut down UnitedLinux totally if, in fact, UL has violated the LGPL. All they have to do is invoke the clause saying that a violator permanantly forfeits rights to distribute the work in question. Without the right to distribute glibc, you can't ship a Linux distribution (unless you want to write your own C library from scratch or try to port one of the BSD C libraries).

    1. Re:The FSF owns the copyright on glibc by Frater+219 · · Score: 3, Informative
      All they have to do is invoke the clause saying that a violator permanantly forfeits rights to distribute the work in question.

      I don't see a clause like that in the GPL. Could you point it out?

      I do see section 4, which says that "[a]ny attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License." However, that provision does not imply that the violator is attainted against receiving a new license ... which is as simple as downloading a new piece of the covered software.

      (In programmatic terms, you need an instance of permission in order to legally redistribute copyrighted works. If you violate GPL, you destroy your instance of permission (and, more importantly, you break the law in so doing). However, just because you destroyed an object doesn't keep you from getting a new object of the same class later on ... and you get a new GPL license with every copy of the software.

      License * foo; /* pointer to a license instance */
      foo = new License(LGPL, glibc); /* get a license */
      foo->violate(); /* implicitly deletes foo */
      foo = new License(LGPL, glibc); /* can still get a new one */

      To summarize: The GPL does not contain any terms which "taint" violators from re-accepting the license in the future, nor which withdraw the offer of future licensing. The GPL's "teeth", basically, are not license revocation but copyright law.

    2. Re:The FSF owns the copyright on glibc by GooberToo · · Score: 2
      However, that provision does not imply that the violator is attainted against receiving a new license ... which is as simple as downloading a new piece of the covered software.

      I'm so tired of seeing this odd logic. The fact of the matter is very simple. The spirit on the license is very clear. You violate, you no longer have a legal license. Period. That's the spirit. Why is it clear? Well, obviously the intent it to prevent people from violating the terms of the license. It's not much of a deterrent if you can simply do a download per day to receive free reign to violate the law.

      I have no idea why this concept is so hard for people to grasp.

    3. Re:The FSF owns the copyright on glibc by Chris+Burke · · Score: 2

      I don't think that is the spirit of the license. The spirit of the license is not to punish noncompliance, but to encourage compliance. If they start distributing again and comply with the GPL, making their changes available, that is the best outcome, no?

      Punishment is already available through copyright law, if you wish to seek it. The GPL need do nothing more but say "if you don't agree to these terms and distribute, you are violating the law".

      --

      The enemies of Democracy are
    4. Re:The FSF owns the copyright on glibc by GooberToo · · Score: 2

      Somehow you've missed the point completely.

      You came real close. Someone stated that I can break the law all I wany by simply downloading another copy, thereby, obtaining a new license to use. In that vein, if such logic were true, then copyright doesn't even come into play as you've granted me right to the software therefore, I'm not in copyrigh violation.

      Such assumptions are insane. In other words, simply downloading again does not suddenly make you in compliance with the terms of license if you have previously broken them. This is why when these things happen it's been so important that the violators be forgiven. Which means, they can once again download and then reasonably expect to have a valid license for use.

    5. Re:The FSF owns the copyright on glibc by Chris+Burke · · Score: 2

      Someone stated that I can break the law all I wany by simply downloading another copy, thereby, obtaining a new license to use.

      No, that's not what he said. I think you missed the point by mistakenly seeing that. In fact, he was saying the opposite -- that despite the fact that you can get a new license to distribute, you have already broken the law, and thus the GPL itself need do nothing to try to punish violators. That's what the phrase "the GPL's "teeth", basically, are not license revocation but copyright law" meant.

      The argument was about whether violating the GPL means you can never distribute that piece of code again, and the answer is that the GPL does not say that you forever lose access to the code. But just because you can distribute the code in the future without breaking the law doesn't mean you aren't liable for breaking the law before (duh).

      Are we in sync now?

      --

      The enemies of Democracy are
    6. Re:The FSF owns the copyright on glibc by mpe · · Score: 2

      Then, there's also the issue of legality of licensing. Does the law say anything about EULAs being a binding legal contract?

      Which isn't relevent here since the GPL is not and EULA in the first place.

      No. AFAIK the law is only concerned with copyright. Therefore, as long as copyright is not violated, anything else the license disallows can be ignored.

      If you attempt to distribute GPL copies works in violation of the GPL then you have broken copyright. Remember that by default you cannot distribute copies at all.

  22. GPL guarantees copyleft to the ?? by nuggz · · Score: 4, Informative

    The GPL gives you the right to distribute the source and binary to anyone YOU choose, and does not allow anyone to restrict you from doing so.

    If the NDA does not permit them to use the GPL redistribution clause, then they were not provided with the software under the terms of the GPL and hence UnitedLinux was distributed illegally, in violation of copyright law.

    1. Re:GPL guarantees copyleft to the ?? by nuggz · · Score: 2

      Actually if you choose not to accept the agreement, you may not distribute the software.

      Read Section 6 in the middle of those two points.
      When UL distributes it to someone they automatically get the right to redistribute it and UL may not impose any further restrictions on the recipients' exercise of the rights granted herein

      http://www.gnu.org/copyleft/gpl.html

    2. Re:GPL guarantees copyleft to the ?? by bovinewasteproduct · · Score: 2

      The questions is: What does the NDA say?

      If the NDA only applies to installers, custom software and the like, all bets are off. Sure they can talk about libc, KDE and gcc all they want, they can even redistribute them. But they can't talk about the installer, the enterprise management system or whatever. Nor can they redistribute those programs or the source, they are NOT GPL.

      As long as any of those programs do not require GPL software to function (outside the granted exception of kernel modules), then the NDA can apply to them just fine.

      BWP
      obDisclaimer: I have NO IDEA what is under the hood of UL, these things just came out of thin air.

  23. Or just the accusation by ACNeal · · Score: 4, Insightful

    Why have proof or anything like that.

    If they haven't modified anything GPL, then they CAN'T violate the GPL.

    If the basis of the distro is security and configuration scripts slapped around the outside of the normal kernel, then there is nothing to fear.

    And since this was my understanding of what the distro was supposed to be, they can't be violating the GPL. If they give you a piece of GPL'ed software, they can't keep you from distributing it.

    They can keep you, with an NDA from distributing their distribution, with all the proprietary products slapped around it. They can keep you from spilling the beans as to exactly what little tools they have produced.

    This is not to say they havn't, but the simple fact of an NDA and a closed beta doesn't even begin to smell of a GPL violation when you take into account what you already know of the companies involved, and what they have already stated their goals to be.

    But lets accuse 'em anyway, just cause we already hate 'em. We can always apologize later, and claim absence of malice.

  24. This is a pre-beta so, by ebuck · · Score: 2, Insightful


    Since this is a pre-beta, can the software be considered released?

    If you can consider it released, clearly they are in the wrong, but if the company wants some extra eyes to overlook their bug-laden code, what do they do?

    Can they not release it, yet distribute it to developers they can trust as to not spill the beans to their competition?

    What sort of arrangement must be made to be considered an "inside" developer?

    Perhaps I'm simply not ready to burn UL since I haven't heard any FSF / GNU statements demonizing this action.

    The intro to the article sets the tone for big business bashing, and the allusions to removed executives and emphasis on mis-pronunciation only create a literary atmosphere of distrust.

    Which brings me to my only useful question. Why are we reporting about a "May be" on NewsForge? If we can get a "They violated X" that's real news!

  25. Research before you speak by Anonymous Coward · · Score: 4, Interesting

    OK, the usual crowd of ininformed slashdotters has spoken. Let's get some facts in here, and raise the clue level:
    1) I an a UnixWare developer. Obviously, we're not all laid off, but some of our good friends and coworkers were tossed out
    2) Please indicate, concretely, where UL violates the GPL
    3) Newsforge is the only FUD-distributor that uses extortion to get details: "tell, or we'll print misinformation". Really, people. With the same intensitity that you mistrust anything but the One Pure (RedHat|Debian), verify your other sources
    4) Ransom never put down hte GPL; he said it was great for development but had no business case
    5) SCO-formerly-Caldera was formerly SCO, and is well-known in the retail industry. Again, check your facts, and check under the hood of the places you're buying your junk food and brand-label-knockoffs. We just don't advertise. With the hatred of popups, you'd think this was a good thing in this community
    6) for the record, I call it "Linux", not "FNU/Linux" nor "GNU/Apache/X/Linux", since, although all these tools and more are part of Linux, Linux is Linux is Linux. Thanks for the work thus far in what you have contributed to LINUX.

    Of course you're going to frag my comments, go ahead. You might want to include some factual arguments.

    The non-factual FUD shouting here is only one step above "woo hoo! first post!"

    1. Re:Research before you speak by swv3752 · · Score: 2, Informative

      I'd have modded you down but you are already +5 so...

      Ransom love is the one Linux CEO (or former CEO) that defended Micrsofts FUD attacks on the GPL. He has routinely put down the GPL.

      While I could flog you for your poor grammar and spelling, I am not one to go throwing stones.

      Newsforge like many other "Wathcdog publications" uses whatever pressure they have to get at the "Truth". This what true journalism is about. If someone is hiding something you call them on it. Maybe UnitedLinux has done nothing wrong, but like gary Condit and OJ Simpson, I doubt it.

      About SCO, SCO was bought by Caldera, formerly a part of Novell. So, Caldera absorbed SCO, but was never formerly SCO. And yes, SCO is well known, but many do not have fond meories of it. It ranks right there with HP-UX. It might work well but admining it is a bear.

      It is GNU/Linux, though I sometimes abbreviate it to just Linux.

      Once a troll reaches +5 you do have to respond.

      --
      Just a Tuna in the Sea of Life
  26. Re:Why UnitedLinux is doomed by justins · · Score: 2, Informative

    SuSE. The distribution that prides itself on a half-baked, closed-source installer and too many installation CDs to count is also a distribution that has no future.

    Of course, it's not actually closed source. Unless your definition of closed source is "not GPL."

    Hint: the yast*src.rpm files have what you seem so worried about. ftp://ftp.suse.com/pub/suse/i386/8.0/suse/zq1/

    --
    Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
  27. Re:violating GPL by bfree · · Score: 2

    Corel did violate the GPL! Check this out to see the /. story that covers the resolution or this to see the original /. story on the violation. They also had another problem which was not a GPL issue (I think) regarding limiting downloads to over 18s. Anyway Corel were far from perfect, but they rectified the Beta test issue in 4 days (according to Bruce P at one of the above links) so perhaps UL will fix this as quickly.

    --

    Never underestimate the dark side of the Source

  28. Re:Ironic... by fault0 · · Score: 2

    Pray tell, why couldn't the GPL and a NDA mix together?

    The GPL gives special stipulations to non-public software.

  29. Copyright holder(s), possibly a class action suit. by Kjella · · Score: 2

    IANAL, not even american so take my understanding of US law with a ton of salt, but it sounds like there'd be grounds for a class action suit, the class being all the copyright contributors to the infringed code. If you don't care about the personal benefit you might recieve, I suppose you could give the copyright to FSF or something similar to let them do the job, but they might be willing to take your case on your behalf (as long as you're defending free software) anyway...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  30. Maybe you should read it once more? by Subcarrier · · Score: 3, Informative

    I've read the GPL a couple times, and have never gotten the perception that it prevented a company from preserving its right to sell a product and not offer Joe Q. Hacker full rights to recompile the source.

    If a company reuses GPLed software written by others, there is no such right in the first place, so it cannot be preserved. The GPL is very clear on this:

    "To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights.
    These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

    For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights."

    --
    "I have opinions of my own, strong opinions, but I don't always agree with them." -- George H. W. Bush
  31. Re:Why UnitedLinux is doomed by rossz · · Score: 3, Informative
    SuSE. The distribution that prides itself on a half-baked, closed-source installer and too many installation CDs
    That half-baked installer is the best, easiest to use installer of all the Linux distros. I always recommend SuSE to Linux newbies because of their outstanding installer. Too many CD's? There's a funny argument. They're giving you too much! Stop this evil! What bullshit. Three CD's for the personal version, that includes source code. Seven CD's for the professional version (or a single DVD), again the source code is included. You don't have to spend hours downloading everything if you want to do some kernel bashing.

    --
    -- Will program for bandwidth
  32. SCO? Point? never the twain shall meet by fanatic · · Score: 2

    You'd think that the likes of Suse, Turbo, SCO, and Conectiva would get the point by now...

    The others, maybe, but SCO is probably hopeless. They're also the ones who introduced per-seat licensing. Also, the fact that, given a chance to choose the Caldera name or the SCO name, they went with SCO, was a very bad sign.

    I thought that UnitedLinux was an interesting concept until I saw SCO was involved - my interest level went way down at that point.

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  33. Re:Why UnitedLinux is doomed (now OT) by robson · · Score: 2

    ...but nowadays the only such project they have left is ReiserFS and that is so unstable that even Gentoo (!) recommends against its use.

    Is it generally accepted that there are problems with ReiserFS? I don't *think* I've had any problems with it...

  34. NDA parts vs GPL's parts by Sabalon · · Score: 2

    So...what actually could fall under the NDA that is not GPLed?

    File locations? Config files? Any code that UL has added on.

    So what if the beta people get gcc, the kernel and bash and redistribute that or get the source code - probably the same from the gnu site.

    Nothing lost to UL. But one should not assume that EVERYTHING on the system is GPL'ed. Perhaps UL has written some uber-cool init scripts that aren't GPL'ed.

    It doesn't sound like UL is even giving them that much leeway though, but it does make for an easy out for UL.

  35. Re:Why UnitedLinux is doomed by Ed+Avis · · Score: 3, Informative

    Er, both Mandrake and SuSE use RPM for package management. I think you are talking about whatever layer they slap on top for resolving dependencies and the like. Mandrake has urpmi (which is free software); SuSE has some new thing for their upcoming distribution (which will probably be non-free, like YaST).

    BTW - if you value package management so highly, why dismiss Conectiva? They're the folk behind apt-rpm.

    (I realize the parent post may have been a troll but if so it was a fairly cogent troll and worth replying to.)

    --
    -- Ed Avis ed@membled.com
  36. It depends on the nature of NDA ... by bockman · · Score: 3, Insightful
    if the NDA force them not to distribute some GPLed software, then it is a violation.

    If the NDA is only related to some proprietary add-on software (like SuSE Yast2), or more generally to the way in which the distribution is assembled, it is not (IMO) a violation. It may be a stupid move, but not illegal.

    This is, I think, why FSF asked UL to disclose the terms of the NDA.

    --
    Ciao

    ----

    FB

  37. A Question about the GPL by gamorck · · Score: 2

    Can anybody here tell me what the difference is between the GPL and a EULA? It seems to me that both are very similar. In fact I find it somewhat amusing how people on /. claim EULAs are null and void yet do not realize that if EULAs are null and void that most likely means that the GPL license distributed with an OpenSource app is likely null and void.

    1) You download app and uncompress
    2) The app has an agreement which nobody ever reads (at least the EULA makes you click through it)

    Really what is the difference between the two? It seems to me that they are one and the same. This of course means that neither will stand up in a court of law. AFAIK the GPL has never actually been tested in court, since I believe all cases involving GPL violations have been settled out of court. Can anybody provide any examples of the GPL and/or EULAs being tested and determined to be legally binding in a court of law?

    J

    --
    I love idealists not because I am one, but because they make life bearable for pragmatists such as myself.
    1. Re:A Question about the GPL by spitzak · · Score: 2
      As people have tried to explain about 6000 times here, the difference is that the EULA tries to reduce the rights you have by default under law.

      The GPL tries to add to those rights. If you don't agree to the GPL you can do less with the code than you could do if you did agree to it (basically you can't redistribute it at all because that violates US and many other countries copyright laws). So you have no incentive to not agree with the GPL.

      If you disobey the EULA (while still not violating copyright or other laws) you are ok if EULA's are unenforcable, but in legal trouble if they are not. But it is not possible to disobey the GPL without also breaking copyright laws, so you are in legal trouble anyway, whatever the legal status of the GPL is.

  38. Re:NDA probably == violation by fault0 · · Score: 2

    > But from what I understand, you release the source code WITH the product, period. Maybe you can release it but make it simply available elsewhere but I dunno..

    The second is correct. You can charge a reasonable amount of money for shipping and the cost of a cd, too. You don't have to put it on the net.

  39. Comment removed by account_deleted · · Score: 5, Informative

    Comment removed based on user account deletion

  40. defending a GPL by chongo · · Score: 3, Insightful
    but exactly who is going to prosecute them?

    As the first person who ever took legal action against somebody who wanted to violate a GPL (back in 1989) I can definitively say: The GPL Copyright holder is the one who has standing to seek legal action against the party they suspect is violating the GPL.

    I.e., somewhere in your GPL / LGPL there is a:

    Copyright (C) date name

    The name, or somebody to who they have signed over the copyright to, is the one who has standing to bring suit against a potential violator.

    --
    chongo (was here) /\oo/\
  41. this isn't the generally accepted position by Trepidity · · Score: 3, Insightful

    Corporations are legal entities, so distributing within a corporation is "private use", which the GPL explicitly exempts, since all the various copies of the code within the company are all licensed to the company, not the individual employees. I don't believe the FSF disagrees with this interpretation.

    What's at issue here is whether distributing a beta to non-employees under NDA can count as private use, which it probably can't.

  42. depends what you mean by freedom by Trepidity · · Score: 2

    If you take the FSF's definition of freedom as applied to software -- the ability to relatively easily modify a program through access to the original source code (and a license that permits you to make such modifications and distribute them), then your analysis is correct. If you take a more libertarian view of softare freedom -- the ability to do whatever the hell you want to the software -- then requiring one to distribute source code when one prefers not to is actually restricting freedom.

    1. Re:depends what you mean by freedom by Chris+Burke · · Score: 2

      I don't think you accurately represent Libertarian thinking on the subject.

      If you did, that would suggest that it being illegal for you to make me your slave is a bad restriction of your freedom, from a Libertarian point of view.

      Live human libertarians I know don't think that way.

      Thus I doubt what you say.

      --

      The enemies of Democracy are
    2. Re:depends what you mean by freedom by Mr.+Slippery · · Score: 2, Insightful
      If you take a more libertarian view of softare freedom -- the ability to do whatever the hell you want to the software -- then requiring one to distribute source code when one prefers not to is actually restricting freedom.

      When compared against a situation where everyone has the right to "do whatever the hell you want to the software", perhaps. But that's not the case under current copyright law. Under current conditions, the GPL adds to your freedom - without it, nothing permits you to distribute the software at all.

      If copyright law went away and we could copy and distribute binaries willy-nilly, there's be no reason not to make source available, and market forces would make open source the norm. But given the interference of copyright applied to software, the GPL is a freedom-enhancer.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  43. a bit of further analysis by Trepidity · · Score: 2

    Upon some further thought, I'd consider the FSF's position on software freedom a kind of utilitarian compromise position. For the individual, being able to do whatever one wants with software -- modifying it, distributing it with source code, distributing it without source code, etc. -- is the highest level of freedom. However, permitting this can potentially restrict the freedom of others, as if this individual exercises his freedom to distribute modified binaries without source code, he makes it much more difficult for others to exercise their freedom to modify the code (in the absence of legal restraints they can still do so, by disassembling the binary for example, but it makes it significantly more difficult). Thus the individual's freedom is limited by requiring that he distribute source code whenever he distributes a modified binary in order to make it significantly easier for the everyone else to exercise their freedoms. All things considered, I see this as a relatively good trade-off.

    1. Re:a bit of further analysis by Chris+Burke · · Score: 2

      Ah, now you've got it.

      We each give up a little freedom to ensure that everyone has as much as possible.

      If you only consider the recipient of the GPL code and what he can do, the GPL seems less free. If you consider the recipients of the code the first recipient produces (based off the GPL code received), then the GPL guarantees -more- freedom.

      I take issue with those who consider only the freedom of the first recipient -- who is presumeably themselves -- because it seems they would be happy to be dictators (who can, after all, do whatever they want).

      --

      The enemies of Democracy are
  44. Re:How many of you have actually READ the GPL? by coolfrood · · Score: 3, Insightful

    That is precisely what the NDA says. When they give you a software with the associated NDA, they are telling you to NOT give out the source code. If the software is GPL, you cannot force someone to not distribute it if he wishes to.

  45. it's probably OK from a GPL point of view by g4dget · · Score: 2
    They can ask anybody to sign a non-disclosure agreement as long as they still give the sources of GPL'ed programs to people who ask and allow them to redistribute those. The GPL is only about ensuring obtaining and redistributing source.

    So, they are probably not violating the GPL by having a non-disclosure agreement or not permitting redistribution of the entire distribution. And their installers can check for the presence of non-GPL'ed software and refuse to install. The GPL does not guarantee that entire distributions are redistributable in binary format. All they need to do is provide sources to GPL'ed programs on request, and only to people they distributed the binaries to, who then have the right (but not necessarily inclination) to redistribute those sources further.

    Whether that's a good thing or not I can't say. I think a user would not be very smart to start relying on such a company for their Linux distribution, since there are so many better alternatives out there.

  46. I'm glad none of you serve on juries... by erat · · Score: 4, Insightful

    Without seeing UL, without seeing the NDA, without having any evidence whatsoever other than the dent in your chin from your knee jerking upward unexpectedly, most of you already seem to have tried and convicted the UL folks for GPL violations.

    Tell me, what are you going to do if the UL closed beta NDA stated that only the proprietary components of UL are not distributable but the open sourced and GPL'd components are? Pull the usual trick: sit back and pretend you never said anything, then wait a month and start bashing UL as Satan's distro again?

    That's just plain creepy... You let your senseless rage get in the way of reason. You probably don't even know why you hate UL so much other than the fact that you simply WANT to hate it.

    If the UL team violated the GPL, fry 'em. Until I see damning evidence, though, they're innocent until proven guilty.

  47. Here's the way I see it. by shren · · Score: 3, Insightful
    United Linux has a GPL piece of software. United Linux offers you that GPLed piece of software. You accept. United Linux says, "Wait. If we give this to you, you can't give it to anybody else." You sign the NDA and accept the copy of United Linux.

    The GPL just says that if you do give it away, then you must give the source too. I don't see anything in the GPL saying that you can't forbid redistribution - it just governs what you must do if you distribute.

    If UL gives you the software with source and binaries, then they have obeyed the GPL. If you sign the NDA, you waive your redistribution rights.

    If you gave out the source after signing the NDA, you're breaking the NDA. If you give out the binaries alone after signing the NDA, you're breaking the NDA and the GPL at the same time.

    Unless I'm reading the GPL wrong, you could GPL photoshop and sell customers both the source and the binaries, then require that they not redistribute the source. If you waive your distribution rights, then it doesn't matter if it's GPLed or not - you're forbidden to redistribute it.

    It'd be interesting to see a license that combined aspects of the GPL - in that you must distribute the source - and some kind of micropayment screme, where your software or any software based on it requires n cents per day to run. Like, you can give it away all you want, but you can't use it without paying all of the authors of the software.

    I write, say, a graphics library, and license it under this model. I give out the code of my graphics library, and in addition my graphic library requires a payment of one cent per day, which is managed by a central micropayment program running on each machine.

    You can base code off of my library. You can charge a cent per day for your new version of the library. However, you can't take away my cent. Alternatively, you can write code and not charge anything - but I'll still get my cent, as you accept my license when using the code which says I get a cent.

    That variant would be interesting. The source is open and free, but running the source costs money. Developers would be paid, but you'd get the advantages of seeing the inside and even the ability to redistribute different versions.

    I'm sure the open-source commies are ready to cruicify me, but you could have a lot of pull to get people who sell software to open thier source under this model. They'd be releasing open code and making money at the same time. It's no more or less circumventable than normal software distribution, but it has open code.

    --
    Maybe the state's highest function is to grind out insoluble problems. (Zelazny, Hall of Mirrors)
    1. Re:Here's the way I see it. by RealAlaskan · · Score: 2, Insightful
      I don't see anything in the GPL saying that you can't forbid redistribution ...

      I do. Look here:

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
      What part of that is hard to understand? You have no right redistribute GPLed software unless you accept, and abide by, the GPL:
      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
      If UL gives you the software with source and binaries, then they have obeyed the GPL. If you sign the NDA, you waive your redistribution rights.

      If UL requires you to sign the NDA, they are violating the GPL, and have no right to redistribute. You, on the other hand, do have the right to redistribute the GPLed code they gave you:

      4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
      Unless I'm reading the GPL wrong, ...

      You are.

  48. Re:Ironic... by HughsOnFirst · · Score: 2

    P-GLAND ?

  49. The Real Question by Quixadhal · · Score: 3, Insightful

    Ok, let's see. "United" Linux wants to make a single unified base for linux distributions, what once upon a time was called a "standard". Good for them!

    Since too many people have different ideas about what the "right" way is, and many of them have the technical ability to say "Fine! I'll go build my own linux distro, with blackjack, and hookers!"... they decided to make a corporate entity and just say "I am the law!" instead of continuing to argue with everyone else. Ummm, ok.

    Now, they decide that all that GPL stuff, which each of the members has -- at one time or another -- spoken lots of pretty poetic phrases of support, and did much clapping of hands for... is not really as important as making their new business model/standards base work. Sooo, they ignore the SPIRIT of the GPL, even if they might or might not be violating the letter of the law. Ewwwww.

    Let me ask this question of the United Linux folks... what are you afraid of? The traditional reason people DON'T embrace the GPL is fear that if their code (and thus algorithms) became public knowledge, others might do it better than they have, and thus steal away their market share. The assumption there is that service means nothing, and that the original developers would rather sit back and drink beer than continue to advance and evolve their product.

    Why should I buy into the "United Linux" front? What do they do for me? It sounds to me like they want to be RedHat, but NONE of them individually have the talent, ability, or balls to make a better Redhat than RedHat. Don't get me wrong, I don't like RedHat... I actually like SuSE -- but that's why I don't want UL. I don't want SuSE, SCO, and all the others to become the next RedHat. We don't need it. We need cooperation, not more "our way or the highway" attitude.

    Grow up people. If you don't like the GPL, then go rewrite things for yourself and call it something other than linux... call it ulix, call it moneyix, but play nice or go away.

  50. Re:Why UnitedLinux is doomed by jfunk · · Score: 2
    Of course, it's not actually closed source. Unless your definition of closed source is "not GPL."


    C'mon, most Slashdotters are completely incapable of performing basic fact-checking. It's as if they've never written a paper before.

    I think I'm the only person on Slashdot to ever point out the GPL parts of SuSE's installation programs.

    That's pretty sad.
  51. er, not obvious at all by DrSkwid · · Score: 2

    There's these little legal loopholes, you see, called evidence, burden of proof and innocent until proven guilty. You may of heard them on Matlock.

    Your statement is akin to "they lock their door, they are obviously up to no good".

    [ianal]
    The copyright holder would have to bring the case before the court personally [or though counsel].
    If it was a criminal case the crown would have to be sure that conviction was likely and that such a prosection was in the public interest before bringing the matter before the courts.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  52. Selective Angst by Arandir · · Score: 2

    Why the focus on on United Linux? Is it because of it's tenuous association with Ransom Love? Why are other betas under NDAs not targeted by the FSF?

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  53. greetings from Mandrake. .-) by deno · · Score: 3, Informative

    Not only that - we are in fact sensible enough to understand that RH isn't a big red devil either. .-)

    These games with closed beta testing, NDAs, and such are really bad, because they hamper the development. I'll leave SuSE in peace this time, but let's recal the Correls mistake:

    1) Take a KDE as it is, then quietly change it in-house, never releasing anything back, and withouth consulting the KDE team.This pisses up the KDE team.
    2) Release the product with "enchanced" version of KDE six months later, and wonder why nobody wants to see your patches anymore, and why the KDE team went on next version of KDE without you.
    3) Look at the cost involved to port all of your changes to next KDE version, and shoot yourself.

    In short, everyone lost. Now:

    * if SuSE and co. want to hide new capabilities of the Yast, more power to them.
    * If they start holding back changes/fixes they implemented on 3-rd party GPLed code in-house, in order to be able to ship better versions of free aplications that anyone else could, then we have a real problem.

    Think I'll let RMS clear this up, in the meantime I believe they are just hiding the new version of Yast, because they feel too embarassed by it. ,-)

  54. GDP = Gross Domestic Product by moogla · · Score: 2

    That's what I think of when someone says the "GDP". Now, next to the word "invoked", it may take on a different connotation.

    No UnitedLinux, don't release under the NDA, or you will incur the wrath equaling the total market value of all goods and services originating in the United States this year!!!!

    --
    Black holes are where the Matrix raised SIGFPE
  55. Sounds like Lindows by Dynedain · · Score: 2

    Except that Lindows actually charges for their 'beta' which is version 2.0 btw...oh, and you have to purchase the 'beta' in order to get the sourcecode.

    --
    I'm out of my mind right now, but feel free to leave a message.....
  56. Who cares, but UL is still a dumb idea. by Ogerman · · Score: 2

    You'd think that the likes of Suse, Turbo, SCO, and Conectiva would get the point by now..

    Well, these are folks who actually believed there was money in Linux distros in the first place.. so go figure. GPL violation or not, UL is an unnecessary muddying of the waters. Why don't they do something intelligent with their resources instead of re-inventing the same old wheel yet again. You know, like.. providing consulting services, developing custom software, improving existing OSS projects.. things that would actually do something for the cause of Linux and Free Software and maybe help our struggling economy! Instead, they're still daydreaming of dot-bomb companies that sell (branded) free software. Give it up guys. Learn from your mistakes and move on.

  57. Curse of the MBA by Jeppe+Salvesen · · Score: 2

    Linux is ever growing. This UnitedLinux move is almost certainly initiated by some MBA (call me prejudiced..). What we need to do, is to determine whether this in fact is breaching the GPL, and then determine the best remedy.

    It is vital that we don't scare business away, but it is also vital that they get the point of the GPL. Whenever there is a problem, it is almost always best to deal with it while it is small. If a large industry is allowed to grow while being in violation of the GPL - well, history will not take kindly on the outfall of that.

    What do the stragetists among us think?

    --

    Stop the brainwash

  58. Re:Question: Is a beta a distribution? by Phil+Hands · · Score: 2

    Try reading the article.

    As stated there, any distribution, including distribution to your business partners, is distribution under the terms of copyright law.

    If they've tried to restrict the other partners' redistribution rights, by imposing a GPL-incompatible NDA, then they are in violation of the GPL, and lose all rights to distribute the GPL licensed code in question.
    That would put them out of business.

    --

    Debian: GNU/Linux done the Linux way
  59. Nope. Copyright, right? by OmniGeek · · Score: 2

    As I understand it, copyright law prevents you from making ANY copies of a copyrighted work without special authorization (which the GPL provides). Thus, a firm CANNOT internally distribute GPL'ed software without observing the GPL terms. If you're not following the GPL, you lose all rights except those under copyright's "fair use" provision.

    Think of it using Borland's "like a book" analogy: Under copyright law, a company can't buy one copy of a book and duplicate it for internal use, so the same applies to the software.

    Of course, if EVERY employee separately downloaded it from a GPL-observant source, they'd be OK, but only for internal use, and they'd best be ready to prove that they did exactly that...

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
    1. Re:Nope. Copyright, right? by Fastolfe · · Score: 2

      This is a very good point, but compare your analysis with the real world and the intent of the GPL here.

      The GPL was designed so that companies could make use of GPL'd software and modify it to suit their purposes without having to worry that they'd be required to divulge trade secrets or proprietary code, unless they wanted to sell/give away that software.

      By your logic here, these ramifications extend far beyond a simple closed beta. You're essentially saying companies cannot make any meaningful use of customized GPL'd software in their company without being forced to release those changes.

      This is not in the spirit of the GPL and is not what happens today. A lot of companies would be in violation of the GPL if this were intended to be its interpretation, and a lot of companies would shy away from customizing GPL'd software for their own needs out of fear that they'd have to release details about some proprietary/secret aspect of their business, even though they have no intention of selling the software or giving it away.

  60. Re:NDA vs non-redistribution. by MrResistor · · Score: 2

    Yeah, you're right. That would be a pretty stupid and pointless NDA, though.

    --
    Under capitalism man exploits man. Under communism it's the other way around.