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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."

50 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?

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    3. Re:And?!? by lewp · · Score: 3, Funny

      Well, I can't speak for everyone, but I know I'd prefer it if they gave their hardware away for free.

      --
      Game... blouses.
    4. 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?

    5. 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?
    6. 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.

      --
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    7. 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?

    1. Re:not so orwellian anymore by Ben+Escoto · · Score: 5, Interesting

      Exactly. Everyone is dumping on the Free Software Foundation for no reason again. The FSF says that the APSL is a free software license (a high form of praise indeed coming from the FSF), but that it is somewhat unfair to users, mainly because it gives Apple rights that other users don't. Thus it recommends that the licensed not be used for new products.

      This seems entirely reasonable to me. FSF is telling people not to use the APSL because they will be giving some of their rights to Apple. Duh! No one would do this anyway.

      Slashdot: say something obvious and get flamed for it.

  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.

    3. Re:Let's get down to brass tacks here. by Senjaz · · Score: 5, Interesting

      You have a funny idea of what constitutes the "vast majority" of an OS if you reckon that most of Apple's OS is closed.

      Most of it is in fact open source, Darwin is a complete OS in it's own right. What Apple have chosen not to release into open source is their window client/server Quartz which is understandable if you ask me and a whole load of Apps that ship with the commercial OS which aren't actually part of the OS iTunes, iMovie, etc. The other notable exception that springs to mind is QuickTime, but that would be pretty useless anyway unless the community licensed the Sorensen and MPEG4 codecs used to play and create it's content.

      Now maybe you think that Apple can survive like Redhat, the whole PC market in this case only supports that company of ~600 employees (http://www.redhat.com/about/presscenter/presskit/ fact_sheet.html). How long do you reckon that business model is going to support a company with ~12,000 employees? (http://news.com.com/2100-1040_3-978535.html, those are 2001 figures - I can't be bothered to look through Apple's SEC filings to find out exactly how many employees they currently have)

      Now maybe you're just a troll or maybe you're just an impulse poster. Sometimes I wish people would think a little before they post.

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

      You mean, they're not the last bulwark against the brutal tyranny of OS imperialism? Then why were they throwing that hammer at that TV???!!

  4. This is no big deal by AvitarX · · Score: 3, Informative

    They have all sorts of Free Software Liscences they recomend against.

    Even a handful of Copy-lefted ones.

    This is essentially a copy left for everyone escept Apple, who gets BSD like (from the FSF comments, I couldn't find that in the actual liscense though).

    practically every non GPL compatible Copy-Left on their site says "though it is OK to use this software we recomend against using the liscense for new software".

    And all the BSDish ones recomend using the X11 liscense instead. I don't see how this is news one bit.

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  5. 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.

  6. Re:Apple by Gherald · · Score: 5, Funny

    Only gays use Macs.

    Indeed, all their users are quite merry.

  7. It's Just an Opinion by MSTCrow5429 · · Score: 5, Interesting

    I don't think this truly matters very much. Three objections to a software licence has to be well below average. I don't see a problem with points one and three. Yes, it may link to proprietary code, and yes, it's not GPL compatible, but those seem to be minor points, if at all. Perhaps the second point, that Apple gives itself right to changes you make in the code, but not vice versa. However, it is Apple Corporation's code. Apple would have a very tough time surviving if it's code or an ISO image was free for download off of a server. Most of its value is in the OS, not the hardware. Although it is nice and shiny, just expensive.

    --
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  8. How am I meant to feel now? by Anonymous Coward · · Score: 5, Funny

    I'm confused! am I meant to like apple or hate apple today? OSX is good... but the license is bad... but then the license is good... now the license is bad...

    I can't help feeling the Apple license over OSX is a bit better than the SCO license over Linux :)

    (yes. it was a joke)

  9. Since I'm already getting railed on about Sun... by Valar · · Score: 4, Interesting

    might as well piss off some more people.
    Disclaimer:I own an iBook.

    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.

  10. A couple of points by arvindn · · Score: 4, Interesting
    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.

    Remind me, since when did companies have a legal or ethical obligation to release the source for any of their work? Apple is certainly a friend of the open source community, since they pay people to write OSS. This "all your code are belong to us" ideological BS isn't going to help anyone.

    Note that "does not recommend APSL 2.0 for new software" != "APSL is bad". The FSF is against almost all licenses other than (L)GPL, including (especially?) BSD. What this means is that if you are writing OSS, then the GPL is your best chance to ensure that your work will always be Free. However, this does not mean that if someone distributes software under some other OSS license, then their intent is to screw you over.

    1. Re:A couple of points by obsidian+head · · Score: 3, Interesting

      Remind me, since when did companies have a legal or ethical obligation to release the source for any of their work?

      You're missing that Gnu is an organization which is all about ethics. You could just as well say, "Since when did lawyers have an ethical obligation to work pro bono?" but there are lawyer groups who do this for ethical reasons. I've known some who felt obliged to do this with their lives.

    2. 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...

  11. 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.

  12. Wrong by Anonymous Coward · · Score: 3, Informative

    From http://www.gnu.org/licenses/license-list.html we see that FSF "...recommend[s] it[the LGPL] for special circumstances only." There are quite a few other licenses on that page, the Perl license, the X11 license, etc., which FSF reccomends. More specifically FSF reccomends that you use a license which makes your work "free software" as defined here http://www.gnu.org/philosophy/free-sw.html.

  13. This has probably been said before but . . . by ReciprocityProject · · Score: 5, Interesting

    Apple's model of mixing open source and proprietary software is an effective idea.

    After all, no hacker wants to idle away his time polishing the mundane details of a user interface. I sure as hell don't want to, but I might if someone paid me. Why not let hackers build the fascinating technologies, open source them, and then let companies pay people (and make money) off of polished user interfaces? We hackers will always have our own (unpolished) interfaces, so we aren't tied down. Granted, the user interfaces are going to have all the problems of close source software - bugs that we can't fix, ect - but it seems like a very reasonable compromise.

    Anyway think whatever you want, this model is the one that will carry the most real-world punch in the years to come. The 2.0 is just symbolic of Apple's intention to play the game.

  14. Is it just me or ... by Heartz · · Score: 5, Interesting

    does anybody else notice that does not recommend APSL 2.0 for new software does not mean APSL is EVIL.

  15. This is not true anymore... by Anonymous Coward · · Score: 4, Informative
    Ahem:
    The problems described in this page are still potential issues for other possible licenses, but they do not apply to version 2.0 of the APSL.
  16. FSF needs a dose of reality by iamacat · · Score: 4, Interesting

    Apple, IBM and a handful of other companies heavily invested in Open Source and gave a lot of their work back to public. Granted, they are out to make money, but they still took a big risk and huge number of users got free (both as in speech and as in beer) stuff without paying them a cent.

    I wish FSF would spend more time to promote current leaders of open source and encourage others to follow in their footsteps. But all I see on their page is critisism:

    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.

    So basically, they are more interested in "ideological purity" than promoting realistic progress towards their goal. This is fine as a PHD thesis of some MIT student. But it does show that RMS/FSF are worthless as a realistic leader of today's free software movement. The question is, who and which organizations are up to the task?

    1. 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.

  17. FSF doesn't get it by Anonymous Coward · · Score: 5, Interesting

    This is a double post story, but I saw one particularly insightful comment from the last one (that I did not make) which I would like to re-iterate over here.

    Thanks to Llywelyn:

    My experience from reading GNU's work is that they aren't terribly fond of anything that isn't GNU.

    From that webpage:

    -------------
    The FSF now considers the APSL to be a free software license with three major practical problems, reminiscent of the NPL:

    *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.
    -------------

    Let's go over these point by point.

    >*It is not a true copyleft, because it allows linking with
    >other files which may be entirely proprietary.

    So does BSD. This does not, in my book, qualify as a "major practical problem."

    >It is unfair, since it requires you to give Apple rights to
    >your changes which Apple will not give you for its code.

    Yes, it requires this. I'm not sure why this makes it "unfair" though: this seems like more of a "legal cover our asses" clause on Apple's part so that they can use the changes elsewhere.

    >It is incompatible with the GPL.

    Would someone look up the definition of "circular reasoning"?

    It seems, from everything I've seen come out of GNU, that they fit every definition of "Zealots". They almost seem to be *reaching* for something bad to say about the license simply because a proprietary software company is behind it.

  18. 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.

  19. Remember Ogg Vorbis? by dido · · Score: 5, Informative

    Ahem. The FSF actually recommended that the Ogg Vorbis toolkit remain under a BSD license, rather than insisting that it go GPL. This was all done, apparently, with Richard M. Stallman's blessing! Yes folks, RMS actually encouraged the Xiphophorous people to use the BSD license rather than the GPL! The story here.

    In response to the change of license, Richard Stallman of the Free Software Foundation says, "I agree. It is wise to make some of the Ogg Vorbis code available for use in proprietary software, so that commercial companies doing proprietary software will use it, and help Vorbis succeed in competition with other formats that would be restricted against our use."

    No, the FSF does not recommend exclusive use of the GPL at all times. They can encourage use of other more permissive free licenses if they believe that it will aid the cause of Free Software.

    --
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    1. 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.
  20. 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.

    --
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  21. 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.
    1. Re:Circular reasoning by ceejayoz · · Score: 3, Funny

      So, basically, it's incompatible with the GPL because it's incompatible with the GPL.

      What do you expect when the G in GNU stands for GNU? :-p

  22. 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.

  23. Eric Hughes said it very well. by tm2b · · Score: 4, Interesting
    In a Linux Journal editorial a few years back, Eric Hughes (of the Cypherpunks) put it very well:
    "I still can't figure out how the claim that the GNU Public License encourages free speech is not utterly disingenuous. The GPL is the opposite of free speech; it's a highly detailed copyright agreement with the purpose of restricting the expression of derivative works."
    --
    "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
  24. This is interesting... by evilviper · · Score: 3, Informative
    It is not a true copyleft, because it allows linking with other files which may be entirely proprietary.

    As is every other license on the planet... The GPL is pretty much the only exception.

    It is unfair, since it requires you to give Apple rights to your changes

    Fair enough, that's one big red check-mark.

    It is incompatible with the GPL.

    That's being quite hypocritical there. Their policy is that software released under every other license should be able to be GPL'd, but it's fine that, once GPL'd, it can't be used with software under any other license... Really, really one-sided guys.

    Of course, if that was a problem, they could very well change the GPL now couldn't they??? No, they'd rather have the rest of the world change to what they want.
    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  25. 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

  26. 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?
  27. 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?

  28. I don't think FSF're vague, but Apple... by leonbrooks · · Score: 4, Interesting
    ...deserves more cheering than they got for the improvements which have been made.

    Sure, Apple are at heart more or less as greedy and controlling as the next company, but consider how much of MS-Windows, OS/400 or Solaris has been distributed on terms anything like as good as these. Then can you tell me that a step forward hasn't been made here?

    I believe that FSF are right to point out the remaining deficiencies in the licence, but they really could have put more effort into thanking Apple for coming to the party as much as they have.

    Here's a suggestion for the FSF: set up a Corporate Heroes page, and put stuff like OpenVMS, OpenOffice.org and so on which has been GPLed by a corporation up in there in big print with links and logos. Then add a link to an "honourable mentions" page which mentions (in fine print, no logos) efforts like Apple's which are incomplete or grudging, but yet are progress in the right direction. ANy who care will get the hint. (-:

    --
    Got time? Spend some of it coding or testing
  29. Same problam as with original BSD license by TrentC · · Score: 3, Informative

    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?

    Heh. The FSF has this to say about the original BSD license; I suspect you would see the same thing happen with APSL2-licensed stuff...

    There are many variants of simple non-copyleft free software licenses, including the X10 license, the X11/XFree86 license, the FreeBSD license, and the two BSD (Berkeley Software Distribution) licenses. Most of them are equivalent except for details of wording, but the license used for BSD until 1999 had a special problem: the ``obnoxious BSD advertising clause''. It said that every advertisement mentioning the software must include a particular sentence:

    3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
    This product includes software developed by the University of California, Berkeley and its contributors.


    Initially the obnoxious BSD advertising clause was used only in the Berkeley Software Distribution. That did not cause any particular problem, because including one sentence in an ad is not a great practical difficulty.

    If other developers who used BSD-like licenses had copied the BSD advertising clause verbatim--including the sentence that refers to the University of California--then they would not have made the problem any bigger.

    But, as you might expect, other developers did not copy the clause verbatim. They changed it, replacing ``University of California'' with their own institution or their own names. The result is a plethora of licenses, requiring a plethora of different sentences.


    When people put many such programs together in an operating system, the result is a serious problem. Imagine if a software system required 75 different sentences, each one naming a different author or group of authors. To advertise that, you would need a full-page ad.

    This might seem like extrapolation ad absurdum, but it is actual fact. NetBSD comes with a long list of different sentences, required by the various licenses for parts of the system. In a 1997 version of NetBSD, I counted 75 of these sentences. I would not be surprised if the list has grown by now.
    [Remember, this was written in 1998; this has obviously not happened.]

    Jay (=

  30. Re:Waa Waa Waa Waa by OS24Ever · · Score: 3, Funny

    You're right, he helped make computers a household item, and flooded the market with jobs. what a commie bastard.

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

  31. How many open source contributions to Darwin? by benwaggoner · · Score: 3, Interesting

    You raise a good point. Is there actually much community participation in Darwin development?

    I haven't heard of many features or bugs in Darwin being fixed outside of Apple.

    So, anyone have any good stories for how the open source parts of Darwin are being used?

  32. Why both Apple and FSF are right on this by jazuki · · Score: 3, Interesting

    I'm actually happy both with what Apple has done and with FSF's response.

    I credit Apple with the work they did with FSF to come up with a license that can be called Free, and consider significant the set of software they have released under the license.

    However, I also understand why they haven't release the whole of Mac OS X under the license. While Apple may be mostly a hardware company in terms of revenue, I don't know a lot of Mac users, myself included, who would buy the hardware if it weren't for the software that goes along with it. And who, conversely, would be happy to buy hardware from a different vendor if the software were available for it.

    Thus, though reasonably up to date hardware doesn't hurt, it's the software that keeps the hardware selling. Just imagine where Apple would be if they had to compete with Sony or Dell systems running Mac OS X.

    So, I'm glad Apple keeps some significant things (like Quartz) close to its vest, even though I would love to run Quartz on Linux instead of X11. This is what keeps Apple alive as a company that can continue to be creative and innovative in both hardware and software.

    And, on the other side, I'm glad that FSF is taking the line it is. I think the GPL is a great thing and without it and the contributions RMS and the FSF have brought to both free software and the cause of free software, the software world would be a far more proprietary place today. And I'm grateful that they continue to push this cause, even if in this case this means they would prefer a course of action that I would prefer Apple not to follow.

    So, I like the tension. I'm glad the FSF is the FSF and the hard pull they provide to the cause of Free software. And I'm glad Apple takes a more nuanced and evolutionary approach that helps them survive as a company and the Mac as a compelling platform.

    They both provide an important service, and I think the state of software today would be much poorer without them both. So, Apple and FSF, keep it up. Please.