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FSF's Opinion of the Apple Public Source License

Stian Engen writes "Bradley Kuhn of the FSF does not recommend the release of new software using the Apple Public Source License (APSL) 2.0 despite its newly accuired Free Software License."

24 of 344 comments (clear)

  1. And?!? by tbien · · Score: 5, Insightful

    Since when does the FSF recommend other software licenses then the GPL? Even the LGPL isn't recommended.

    1. Re:And?!? by Anonymous Coward · · Score: 5, Insightful

      If you create a license which is compatible semantically with the GPL, then the FSF will approve it.
      Besides, I'm pretty sure that if you find out flaws in the GPL, or devise a new license including ideas that the FSF didn't think of, the FSF will certainly consider these ideas, and eventually include them in the GPL if they are valid.

    2. Re:And?!? by spectecjr · · Score: 4, Insightful

      What Apple's trying to do is to 'appear' to be free, and make money off other's work (gratis). If Apple wants to hire some programmers, pay them money, they needen't even give the code under APSL, proprietary licensing would do. Why all this subterfuge about Open Sourcing a Freedom anyway?


      So what?

      Maybe it's just me, but I really don't get the problem here. If you don't agree with their license, then you have a very simple option:

      Don't Give Them Your Code

      You're not being forced at gunpoint to write software for them under the APSL -- nobody is. It's the developer's personal choice. Your opinions frankly don't come into it at all.

      Apple don't have to release any of their software as Open Source. They chose to do so. That's not good enough for you? I take it you'd prefer that they give away everything for free? Including the hardware? Or do you only view intellectual property as being worthless?

      --
      Coming soon - pyrogyra
    3. Re:And?!? by 73939133 · · Score: 3, Insightful

      Maybe it's just me, but I really don't get the problem here. If you don't agree with their license, then you have a very simple option:

      Don't Give Them Your Code


      To which one might add, in order not to support them:

      Don't Use Their Code

      And, you know what,

      That's all RMS is saying.

      Apple don't have to release any of their software as Open Source.

      No, they don't. But just because they do doesn't mean anybody owes them anything. Furthermore, just because some company throws out some piece of software "for free" doesn't mean they are above criticism or analysis. And if their software comes with too many strings attached, then that is certainly worth pointing out.

      Or do you only view intellectual property as being worthless?

      Well, I don't. Companies like Apple are free to do with their intellectual property what they like, and people like RMS are free to point out the problems with their licenses. OK?

    4. Re:And?!? by zerocool^ · · Score: 5, Insightful

      Why? Socialism goes against human nature and evolution. It supports the weakest while hurting the strongest, it assumes what everyone wants to work the same by giving them the same rewards?


      As a historian, I must point out here that people's idea of socialism (as in my parent post) are often very wrong. We were all brought up to believe (those of us currently older than 12) that Russia is the devil, and that socialism and communism and marxism and stalinism are all equivilant, and all bad.

      Nothing could be further from the truth.

      Merriam-Webster defines socialism as: any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods.

      Between Winston Churchill and Margret Thatcher (30 years), the UK was essentially a socialist system. The labour party, voted into office at the end of the war (in '45), recognized themselves as socailists, and their immediate goal was to set up a welfare state.

      Did socialist Britain involve concentration camps, millions of civillians dead at the hands of their government, and widespread poverty? No. In fact, their goal (guided by the beverage report) was to establish the abolition of want.

      The '45 government implemented the nationalization of the Bank of England (like our federal reserve), the Coal industry, the electric and gas industry, and various other industries, including steel and air transport (British Airways). They also passed the Insurance Act which provided unilaterial insurance for unemployment, sickness, and maternity leave, and they also passed the Health Services Act, which guaranteed free health care at the doctor of choice, including dental and eyecare.

      Sounds good for me, I'm all about equality. If you can afford better, that's cool, but every one should enjoy a base-line equality that's above any sub-standard conditions.

      And they did it without significantly raising the taxes above what people were already paying under Churchill in '44 to suppliment the war effort.

      Socialism can go awry, just like capitalism can. The reason socialism sometimes gets a bad rap is because 1.) anti-russian upbringing in the US, 2.) when socialist governments go bad, people get screwed hard, because socialist ideology places *gasp* trust in human nature.

      Linux isn't about socialism, it's capitalism in it's finest form.

      How so? I don't think that linux is a political entity. However, it's CERTAINLY not capitalist. The very definition of capitalism involves free market enterprise, and giving away your product for free when you've worked long hard hours on it is a very anti-capitalist thing to do. Merriam Webster again: an economic system characterized by private or corporate ownership of capital goods, by investments that are determined by private decision, and by prices, production, and the distribution of goods that are determined mainly by competition in a free market. In a capitalist sense, linux should not exist, because price is indicitive of relative worth. Since linux is worthless (monitarily), it therefore follows that it should be worthless (as a product). If it had worth, as it's competition does, it would also cost a comparable amount to it's competition. In theory, if the product were not worthless (as a product), then people would be willing to pay for it, and therefore someone would sell it. Yet, no one sells linux. People sell proprietary drivers, support, and custom applications, but no one sells a kernel called "Linux".

      And yet, despite the competition being, according to capitalist theory, "better" (by virtue of costing more), 63% of websites that netcraft tracks are running Apache.

      This'll probably get me modded down to the basement...

      I hope so. Not for your pro-microsoft statements (which most intelligent users of slashdot will agree with: in general, office is an excellent business productivit

      --
      sig?
    5. Re:And?!? by Zeinfeld · · Score: 4, Insightful
      Linux isn't about socialism, it's capitalism in it's finest form.

      In which case socialism is capitalism in its finest form.

      Try not to get brainwashed by the legacy of McCarthy. Socialism is to communism what republicanism is to fascism. Tony Blair, Bush's great aly (heck, his only aly that hasn't been bought) heads a socialist party. If as you claim Blair is planning to errect gulags across the UK then maybe people in the US should be a bit more worried about the intentions of his aly Bush and KKKomandant Ashcroft.

      Socialism isn't evil, it is obsolete. Like any hundred plus year old ideology the assumptions it rests on are no longer operative. Capital is no longer scarce. At the time that Robert Owen took over the New Lanarkshire Mills practically the entire population of the UK lived in poverty by modern standards. Owen was by far the most successful capitalist of his day, he appears in US textbooks as 'the father of the factory system'. In UK textbooks he is also mentioned as the father of socialism.

      The problems we face today are completely different to those of Owen's day. Today 'common ownership' has been achieved, its called your 401K or your pension plan, not 100% of the country participate but its close enough. The problem today is corporate looters who pay themselves vast salaries with our money and do business in corrupt ways (Enron, Harken, Haliburton)

      Oh and lying about the reasons for going to war.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    6. Re:And?!? by alangmead · · Score: 4, Insightful

      What it seems to me that Apple sees some benefits to open source, and some disadvantages. For different products, the pros and cons of each lead to a determination of what sort of license to use.

      Using open source packages like Apache, Python, Perl, OpenSSL, OpenSSH, OpenLDAP, KHTML, and FreeBSD's userland tools decreases their development time. Making systems like NetInfo, Rendezvous, Quicktime Streaming Server Open Source adds to potential wider adoption of their technologies. Using Open Source in these is a benefit to them

      Keeping large portions of the OS X and OS X Server systems closed source allows them to collect significant financial rewards from their sale.

      Apple seems to be viewing the complete financial picture when deciding a license for a product. The sales point of view: How many units can they sell? The engineering point of view: How long will it take to build. The marketing point of view:Are there enough products out there that work with ours that would make someone buy it. These points are weighed and a course of action chosen.

      They aren't the only company with a dual closed source/open source strategy. The Zope company comes to mind. They fund Python development with their PythonLabs subsidiary. (That has always sort of reminded me of the way that SGI bought MIPS to ensure that the CPU their products were built on had continued development.) They create open source packages like ZODB, Zope, and CMF. They also sell packages built off these technologies like ZRS (Zope Replication Server, for replicated ZODBs) Zope4Media (A content management a publishing system) Again, Zope seems to carefully weigh the benefits of community development and wider adoption against the benefits of direct financial remuneration.

  2. not so orwellian anymore by MrFreak · · Score: 5, Insightful

    Its a hell of a lot better than the old license. And its not like developers working with Darwin have much of a choice. I mean, who is going to use the APSL on a non Apple derived product?

  3. Let's get down to brass tacks here. by DwarfGoanna · · Score: 4, Insightful
    Apple is a commercial software/hardware company.


    We can hope that they are cool about being open (I think they have been, for the most part). But who really expects them to be Free?

    --

    "You know why you do not see me styling wit my homies? Because I have no homies!!" -Mojo Jojo

    1. Re:Let's get down to brass tacks here. by MalleusEBHC · · Score: 5, Insightful

      But who really expects them to be Free?

      RMS and the FSF. Then again, the GNU/Hippy crowd often reminds me of a greedy, petulent child. When MacOS was completely proprietary, Apple was evil for not letting the code roam free in wild fields as it is apparently entitled to. When Apple opened up some code, they were chastisted for not opening it in the manner that the FSF demands... err, politely asks. Now Apple has changed its license to appease the FSF, but the first thing the FSF does is spout off about how the changes aren't good enough, and even if they were Apple would still be condemned for not opening up all of OS X.

      Frankly, I think Steve should tell RMS to shove it. Apple has already given back a lot of code (ZeroConf, KHTML updates, etc.), but the FSF is never going to be happy. Apple should just continue to make jobs for lots of developers and make quality products, be they proprietary or open source.

    2. Re:Let's get down to brass tacks here. by slux · · Score: 3, Insightful

      Maybe you haven't heard of some commercial software companies such as Red Hat. Apple would actually even have an advantage here because it's not only a software company, the hardware is a very significant part of the whole package. (Writing this on an Apple iBook running GNU/Linux, btw) Saying that Apple is a commercial software/hardware company doesn't really reveal anything that should force us reconsider our expectations from Apple.

      I don't know who expects them to give their users freedom. I haven't really expected. Hoped, for about five seconds when the announcements of Apple "going open source" first came in.

      But I've noticed several that do continuously tout how Mac OS X is everything GNU/Linux was ever supposed to. That may well be, I've not used it enough to say (and am skeptical) but there is one major thing that GNU/Linux is and it obviously is not: *free*, in any meaning of the word.

      Now at least the small parts of it that they've chosen to release under an "open source license" are actually free software. The vast majority of it still isn't and no-one should think of MacOS X as anything even close to a free operating system.

      Could it be if Apple wanted to let it be? Sure, this is the company that tells us to "Think different" and sells much more than just your average PCs and a Windows-workalike to go with them. I don't see why anyone would use OS X on anything else than Apple hardware anyway.

  4. Yet another duplicate story by Calibax · · Score: 5, Insightful

    I guess that Michael needs to learn to review previous stories - this story, complete with the details about FSF approving but not recommending it, was covered in an article three days ago.

    In any case, I can't really imagine the FSF recommending any license other than their very own GPL, now the darling of IBM and the open source movement in general. Not that it isn't deserving of this adoration, as it may have saved Linux from SCO.

  5. Have to wonder by Anonymous Coward · · Score: 3, Insightful
    I admit that I have very little understanding of the open source/free software side of the computing world, but I would think that any company trying to mold their business model around such a movement (whether done in an ideal manner or not) would be embraced. I wonder how much longer it will be before Apple finally tires of the carping from the open source/free software community and just goes the route of... ahem... other companies and just starts "borrowing" code from open source for their own use without any intention of trying to give back.

  6. Re:A couple of points by Keeper · · Score: 4, Insightful

    There's a difference between choosing to do pro bono work and someone trying to force you to do all of your work pro bono...

  7. This is still progress by nsuttitinagul · · Score: 4, Insightful

    Let's consider everything in context. It's true that the FSF does not completely approve of Apple's 2.0 license. It's true that Apple does not make their entire OS source code available in any form, let alone under GPL.

    Still, it is an improvement over the more restrictive license earlier, and much, much better than the days before Jobs' return from NeXT. At that time, none of the source code was available.

    Furthermore, I think this is a Good Thing. A commercial vendor releasing the source code to any central part of their operating system was unheard of years ago. Sun and Microsoft have yet to do this; complaints about Apple's specific license are paltry in comparison to the strict use of binaries in place in other operating systems.

  8. Re:Since I'm already getting railed on about Sun.. by spectecjr · · Score: 4, Insightful

    Yes, Apple's liscense isn't really the most free of them all. This is because Apple's primary motivations in using Open Source solutions are to: a)harness the man power and combined talent of the open source movement to aide their own software, thus making profit from software they would otherwise have to write themselves :) b)sell to the open source crowd. Face it, how many /. geeks would have bought anything Apple before OS X and Darwin came out? It's cool now though. Admittedly, that's kind of what made me get my iBook...

    So maybe we have a new category: free as in, you're free to help Apple.


    Funny... I don't see it that way.

    The way I see it is this:

    Apple wanted to use a mature kernel for their OS. So they used it. As a mark of respect and good faith to the Open Source community whose work they used, they decided to release the changes they made (which they were not obliged to) back to the community. The caveats they added ensure that they can use any derivatives of the work which they did, and that their true intellectual property (the Mac GUI and libraries) which they've spent 20 years developing remains theirs. (Otherwise, if the license was true GPL, they'd have to release all of their other work under the GPL as well).

    So their license limits their involvement to the changes to the kernel. They don't want to release their GUI under a 'free'* license? Good for them. They don't have to. They were acting in good faith, and that should be the end of it.

    Simon
    * I use 'free' in quotes, lowercase, because I highly disagree with the FSF's definition of 'free'. Particularly because the only license which meets that description is not a license at all - it's called Public Domain.

    --
    Coming soon - pyrogyra
  9. Circular reasoning by commodoresloat · · Score: 4, Insightful
    I love #3:
    • It is not a true copyleft, because it allows linking with other files which may be entirely proprietary.
    • It is unfair, since it requires you to give Apple rights to your changes which Apple will not give you for its code.
    • It is incompatible with the GPL.

    So, basically, it's incompatible with the GPL because it's incompatible with the GPL. But it gets better:
    Aside from this, we must remember that only part of Mac OS X is being released under the APSL. Even though the fatal flaws of the APSL were fixed, and even if the practical problems were addressed, that does no good for the other parts of Mac OS X whose source code is not being released at all. We must not judge all of a company by just part of what they do.
    First of all, who said anything about judging a company? The issue here is whether a particular license is useful for the free software community, not whether Apple will go to corporate heaven. You can't say the APSL is flawed because Apple doesn't use the APSL for all its software. Obviously Apple is being strategic about what license it chooses for which products (and Apple stockholders probably prefer it that way). It doesn't mean the free software community can't acknowledge positive developments about Apple licensing, even if it's not ideal for everyone.
  10. FSF bashing , yet again by Anonymous Coward · · Score: 5, Insightful

    I find it incredible that all the posters to the SCO stories say how terrible the land grab is and yet here, the majority of posters are criticical of the FSF for endeavouring to prevent that kind of nonsense from happening again. I don't pay too close attention to people's usernames so there may be a completely different demographic contributing to both stories but I suggest that those posting here get out their history books and start reading. You may then understand why the "idealogy" of the FSF is so important and precious.

  11. Re:Remember Ogg Vorbis? by Sandmann · · Score: 3, Insightful
    Also, this document states:
    When you work on the core of X, on programs such as the X server, Xlib, and Xt, there is a practical reason not to use copyleft. The XFree86 group does an important job for the community in maintaining these programs, and the benefit of copylefting our changes would be less than the harm done by a fork in development. So it is better to work with the XFree86 group and not copyleft our changes on these programs. Likewise for utilities such as xset and xrdb, which are close to the core of X, and which do not need major improvements. At least we know that the XFree86 group has a firm commitment to developing these programs as free software.
  12. Re:FSF needs a dose of reality by Dashmon · · Score: 4, Insightful

    First of all, the FSF does not promote Open Source at all. They're called the Free Software Foundation, and there's a difference between the two. They're job is to be objective, not to kiss the asses of companies that want in on a movement that's not theirs at all (the open source one).

    If all you see on their page is criticism, you need to get a grip, or you're clearly biased. They call the APSL Free. That is very, very positive. Anything that's free is not evil, from the FSF's point of view. It is, however, not smart to use it. That is TRUE. It grants Apple some important rights that you don't get. I wouldn't want to use that kind of license if I didn't have to, and I'm sure many people think the same. You should THANK the FSF for being objective like this, instead of convering it up just to please Apple.

    Thirdly, the FSF is the one institute that CAN lead the free software movement (note: I said FS, not OSS). Why? Because they ARE idealistic and they do NOT make compromises to kiss megacorp ass. If you start out with a compromise, you'll end up with nothing. Cheers to the FSF for remaining completely true to their goals.

  13. Free Foftware is as communist as church! by maynard · · Score: 5, Insightful

    Hey buddy,

    When a congregation collectively works together to feed the poor by cooking and delivering large amounts of free food, is that communism too? The restaurant owner next door might lose some business. How about when the congregation runs a car wash to collect money toward housing renovations for the poor? Is that communism? The car wash owner down the street might think so. Is it communism when individuals donate a few bucks after Sunday service? Isn't that -- by your line of logic -- communism too?

    It's not though. Communism is -- by definition -- ideology enforced by governmental institution and bears no relationship to individuals, acting on principals of free association, freedom of speech, and freedom of commerce (in this case the freedom to donate one's time and effort) toward a collective goal. You're simply red baiting free software authors for committing acts of FREEDOM in a free society. It is my right to donate money to church, the ACLU, EFF, or - *gasp* - even the FSF. Just as it's my right to donate code under whatever license I might choose. A very different proposition from the government forcing me to give my code away under communism, or for that matter, a government which prevents me from giving my code away. In both cases, we're talking about government restricting individual freedom and rights to enforce a certain ideology.

    Communism my ass.

    --Maynard

    1. Re:Free Foftware is as communist as church! by maynard · · Score: 4, Insightful

      This is how communism evolves. You have the concept and then you enforce it in the first chance you get. Give govermental power to those guys who support the poor, and then we see if they will try to apply communism. View it like that. And don't assume that RMS & Co are any sort of philanthropists. They are trying to make a living out of punters like you.

      What a crock. Communism "evolves" through freedom of association, freedom of speech, and freedom of commerce? Take a "concept" and then "enforce" it? How? RMS et all picking up arms and forcing free software upon us all at the point of a barrel? Are you kidding me? You're spewing bullshit and don't even take the trouble to form a coherent argument linking point A to B to C in a chain. It's net.kook ramblings rather than any kind of meaningful exchange.

      Here, instead I'll ask you: What policy change would you enact to stop this dangerous spread of free software "communism", while at the same time maintaining our basic constitutional rights and freedoms? Just how do you call society "free" if individuals are prevented from giving away (or selling, both are commerce) that which they create?

      Somehow I doubt I'll receive a rational answer.

      --Maynard

  14. realize who your friends are by feldsteins · · Score: 4, Insightful

    All of this just goes to show that there are people in the hippie free software movement who will never, ever accept or approve of anything less than total compliance with their GPL license. If a company doesn't use GPL licensing for their software: evil. If they use it for one product and not another: evil. If they use free software licensing for some of their stuff while their competitors use totally proprietary licensing: they're even more evil because they're just trying to appear like they aren't evil. But they are.

    I think GNU-Linux and the open source and free software movmement is an incredible thing that should be encouraged and nurtured. I cheer at their successes. I use Linux both at work and at home. Yay for them. For us all. But I think this community can clearly go too far in what it expects/demands of proprietary software development companies who try to adopt open source principles.

    Apparently releasing half your software under an open source license isn't any better than releasing none of it. It's all seen as some sort of subterfugue, an attempt to "dupe" the open source community into thinking the company is "cool." You people need to chill the hell out and realize who your friends and allies are.

    --
    You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
  15. For an organization... by Zebra_X · · Score: 3, Insightful

    that holds so much weight in the software development community, the "recommendation" by Bradley Kuhn was rather terse. Moreover, his argument was not well-supported. His relase read more as if he was simply bashing Apple's license. The first half of Bradley's statement reads as if he is supporting the new version of the AFSL. Statements such as "The APSL 2.0, like the Affero GPL, seeks to defend the freedom...". Two thirds of the way through his statement we are hit with three bullet points stating why the AFSL is "bad". Prefacing these bullet points is an unlinked reference comparing the AFSL to the NPL. After the bullet points Bradley then goes on to state "For this reason, we recommend you do not release new software using this license". Bradley probably knows a great deal more about the AFSL issue, but such a terse and unelaborated statement against adopting it is irresponsible. Especially coming from a representative of the organization that supposedly worked with Apple's lawyers to draft the new version of the License.

    Furthermore - a company such as apple is in the business of making money. In many ways operating a software business "is incompatible with the GPL." [kuhn]. It's nice to see - for a change - an organization that is at least making an effort to give back some of their innovations to the development community. The only other method of protecting their IP is through patent law, and we know how GNU feels about that (link on GNU's home page)

    Instead of taking such a cynical and negative stance on an effort to change the way the software industry works - why don't we support it?