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Apache says ASL2.0 is GPL-compatible

Steve Loughran writes "The ASF board have put up on the Apache Web site, a page rebutting claims that the new ASL2.0 license is incompatible with the GPL, claims made by on an FSF page and covered in Slashdot last week.The key points are (1) The interpretation of the GPL license is not just the opinions of individuals in the FSF, it is designed to be rigorously defendable in a court of law. (2) Rather than look at opinions about compatibility, people should look at the ASF2.0 and GPL licenses to see if they really are compatible. (3) If you look at the two licenses, they really are compatible. This means there is nothing to stop you linking your [L]GPL apps against apache libraries, shipping them with apache applications, and the like." Of course, this is still up to debate.

384 comments

  1. And by compatible by Anonymous Coward · · Score: 0

    They mean "who cares?" Let the lawyers battle it out, and I'll be standing over here when they're done.

    1. Re:And by compatible by Anonymous Coward · · Score: 2, Funny

      I always thought "A/S/L????" was BSD licensed, sine AOL has incorporated it as essential technology.

  2. All arguments aside... by sirReal.83. · · Score: 5, Funny

    1) The interpretation of the GPL license is not just the opinions of individuals in the FSF, it is designed to be rigorously defendable in a court of law.
    (2) Rather than look at opinions about compatibility, people should look at the ASF2.0 and GPL licenses to see if they really are compatible.
    (2) If you look at the two licenses, they really are compatible.


    I'd learn how to count first.

    1. Re:All arguments aside... by smackjer · · Score: 0, Offtopic

      Flamebait? Must have been moderated by the submitter. ;)

      MOD PARENT FUNNY!

      --

      This is my sig. There are many like it, but this one is mine.
  3. GPL... by ProtonMotiveForce · · Score: 1, Flamebait

    Simply sucks. It's a pain in the ass.

    If you're all into control - and it is about control regardless of what the FSF zealots will tell you, then by all means use it.

    If you want to contribute code to the world and make it useful and extensible - use MIT/BSD/some other truly free license. _Your_ code will always remain free, what do you care if someone else adds to it?

    1. Re:GPL... by Anonymous Coward · · Score: 0

      what do care what licenses other people choose? it's _their_ code and _they_ should choose a license they a comfortable with.

      that's exactly the same thing like the stupid users which tell us programmers which features we should add. fuck them all - i am coding for fun and _no_one_ will tell me which license to choose or which feature to add.

    2. Re:GPL... by Pieroxy · · Score: 4, Insightful

      what do care what licenses other people choose?

      True, everyone chooses the license they want, the one they are comfortable with. In the OSS world, there are a lot of licenses and the GPL is probably the less free of all, that's all the parent is saying.

      fuck them all - i am coding for fun and _no_one_ will tell me which license to choose or which feature to add

      There is a time to code for fun, and - as you will see when you will be a little more mature - there is a time for reward, or some form of retribution. If you "fuck all" your users, you will get no reward. You don't even need to get a license because you probably don't care about any distribution in the first place.

    3. Re:GPL... by October_30th · · Score: 2, Insightful
      If you want to contribute code to the world and make it useful and extensible - use MIT/BSD/some other truly free license.

      Unfortunately distributing non-GPLd software with Linux is asking for trouble. Linux is the best-selling open software product and choosing any other license than GPL means an extra hurdle for your software.

      But I guess that's exactly the kind of "freedom" RMS likes. Even in Soviet Russia you did not have to be a member of the Communist Party. However, that meant settling for low-level jobs and general discrimination.

      --
      The owls are not what they seem
    4. Re:GPL... by runderwo · · Score: 4, Interesting
      Wow, really insightful. Could be summed up as "gimme gimme gimme the code with no strings attached, your personal opinion as the creator of the work doesn't matter".

      How about looking at it in terms of economic motivation? For certain types of people (arguably, most people), the GPL provides incentive to create free software where otherwise one wouldn't have bothered. Without the GPL, some of them might begrudgingly release code under a public domain-ish license, but most these people would either be coding proprietary software or not at all.

      Which world would you rather have? A world with the GPL as a licensing option, or a world without it? The first world has more free software available, software that respects the rights of the user instead of trying to control the user through EULAs and insidious distribution terms. Regardless of the moaning of anti-GPL types like yourself I'll take the first world where I have more choice as a user and as a creative producer. Begrudging others of their choices when it comes at no cost to you is simply ridiculous. Nobody is going to be sympathetic to your whining because you can't have others' work on YOUR terms.

    5. Re:GPL... by pompousjerk · · Score: 2, Insightful

      The GPL isn't about the freedom of the people who use it, it's about the freedom of the *software*.

      Of course, 'free' isn't probably the best word here; the Creative Commons licenses hit the nail on the head with "share alike".

    6. Re:GPL... by El · · Score: 1
      use MIT/BSD/some other truly free license. _Your_ code will always remain free, what do you care if someone else adds to it?

      Until SCO sues you, claiming that some third party has merged UNIX(TM) code with your code, therefore now all your codebase is belong to Darl.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    7. Re:GPL... by SnowZero · · Score: 1

      If I'm giving away my code, what's wrong with expecting the same thing in return? Is it that you don't like the GPL, or that you wanted to use something released as GPL but were unwilling to share? You've lost nothing if I don't release my code. Thus, giving away my code with restrictions doesn't take away anything from anyone. It's not like people who use the GPL haven't heard of BSD style licenses.

      Having released significant projects under the GPL, the only problems we've ever had are companies complaining they couldn't steal our code without negotiating another license (duh), and people who wanted us to adopt a license that included an advertising clause for their university (um, no thanks).

      I usually use BSD on definitions and small libraries. That's because BSD is an excellent license if all you want is compatibility and don't care about building community. If you want to understand community, look at the relative size and "forkiness" of Linux vs. BSD development communities.

    8. Re:GPL... by rokzy · · Score: 3, Insightful

      >Even in Soviet Russia you did not have to be a member of the Communist Party. However, that meant settling for low-level jobs and general discrimination.

      yes, whereas in America your political opinion had no effect on the jobs you could have did.. oh, er....

    9. Re:GPL... by Tennguin · · Score: 1

      This is nonesense. It has always been RMS contention that the free sharing of source code is the crux of the free software movement. If someone is allowed to take open source code, add useful propriatary enhancements to it and fork it as an entirely closed source product the original authors work could be lost forever as the fork is adopted over the open sourced solution and contines down its own independant development path. The BSD license and others like it do not protect the software its attched to from being hijacked.

    10. Re:GPL... by SnowZero · · Score: 1

      If you "fuck all" your users, you will get no reward.

      If you use a BSD license, you won't get any reward either. However, the "fuck all" approach seems to have worked ok for Theo so far. We'll see how Linus becomes in his old age.

    11. Re:GPL... by SFEley · · Score: 0, Troll
      Which world would you rather have? A world with the GPL as a licensing option, or a world without it? The first world has more free software available, software that respects the rights of the user instead of trying to control the user through EULAs and insidious distribution terms.

      False dilemma. The existence of other effective free licenses that achieve the goals you describe shows that the GPL isn't strictly needed. It may once have been needed, when there wasn't anything else, and its revolutionary attitude may have inspired more hackers to action than a more relaxed license would have, but today it's no longer the world's salvation. It's the guy still wearing the hippie shirt and singing Vietnam protest songs all by himself, never quite noticing that his friends grew up and bought Volvos.

      --
      ESCAPE POD - The Science Fiction Podcast Magazine
    12. Re:GPL... by Anonymous Coward · · Score: 0

      What planet are you living on? The GPL DISincentivizes software development, you moron.
      How does such an illogical, rambling, obviously wrong thing end up modded to 5? Oh, wait, it's the politically correct pro-GPL ("Get Programmers Laid-off) party line... Jesus, but hasn't anybody ever here had to worry about making payroll, especially in today's "let's outsource programming" environment?????

    13. Re:GPL... by realdpk · · Score: 1

      If the closed source software ends up better - and that's pretty much the only way it'd actually overtake open source software (note to mods, etc Microsoft didn't have to overtake Linux, this is different) - then by all means, distribute better software.

      But in order for that to happen, development on the open source package would have to die off. Take one look at sourceforge to see how many abandoned projects there are out there. It happens. I don't see the harm in a commercial company picking up the slack and selling the polished product.

      It is, of course, the software authors choice what license they want to use. Were it me, I'd use the BSD license, because I'm not about controlling my creation's use.

    14. Re:GPL... by Anonymous Coward · · Score: 0

      "Until SCO sues you, claiming that some third party has merged UNIX(TM) code with your code, therefore now all your codebase is belong to Darl."

      Actually not under the ASL 2.0.

      Under the GPL by contrast your work was tainted prior to being granted protection under the GPL. Read the article and see for yourself.

    15. Re:GPL... by jonabbey · · Score: 1

      Go read your copy of The Magic Cauldron, man.

      People are going to write software no matter what you do.. universities, businesses, bake sales.. lots of people need a bit of software to help them do something or other. The GPL allows them to release that software for the public good without enabling that software to be appropriated for commercial, proprietary sale. It makes it possible for some folks to release software publically for others to use when they would not have been able to otherwise.

      The GPL DISincentivizes software development? There sure is one hell of a lot of code in Linux that needs explanation then, sir. And in FreeBSD, and in OpenBSD as well, if you care to look at gcc, gdb, emacs, and on and on.

    16. Re:GPL... by Anonymous Coward · · Score: 0

      But the closed-source version might not be better. It might just have a lot of marketing might and a big name behind it. In fact this seems to often be one of the bigger factors in determining the success or failure of a project.

    17. Re:GPL... by Anonymous Coward · · Score: 0

      Then why license it at all? Why not release it into the public domain?

    18. Re:GPL... by Anonymous Coward · · Score: 0

      Oops, by 'closed-sorce' I meant proprietary.

    19. Re:GPL... by Anonymous Coward · · Score: 1, Interesting

      This is why it's useless to debate slashdot types, but I can't resist because I posted the above comment.

      He said the GPL provides ECONOMIC motivation to write software. I said (and still maintain) that it does NOT. In an attempted rebuttal, you then, say people are going to write software "no matter what you do." Not much of a rebuttal, is it? Especially when followed by how the GPL "allows them to release .. without enabling that software to be appropriated for commercial..." etc . Isn't that what I fucking said?

      Then, you attempt to prove the GPL incentivizes software development by pointing to "one hell of a lot of code" in Linux that needs explaining. That code is DWARFED by the amount of proprietary code in existence. MS has at least $1,000 in profit for every single one of those lines (I am assuming then that there are roughly 55MLOC in "Linux" for some value of "Linux" -- a choice of terminology sure to incense the FSF zealots).

      Oh, yeah, I founded a multi-million dollar closed source software company, in which I provide regular paychecks (full health care, dental plan, 401K, etc.) for dozens of programmers. There is no real generalizable GPL-based software business model. Our revenues are bigger than Mandrake's... RedHat does not an industry make.

    20. Re:GPL... by Crazy+Eight · · Score: 2, Insightful
      Unfortunately distributing non-GPLd software with Linux is asking for trouble.

      Could you elaborate on this point with an example and an explanation? I fail to see how the GPL makes distributing non-GPL'd software with Linux any different than distributing non-GPL'd software with Windows or OS X. Indeed, the demo of UT2K3 was actually integrated into Gentoo Live CDs. I haven't heard of any OS release from Apple or Microsoft that has integrated major 3rd party software products into the install media itself beyond trivial OEM branding in icons and explorer enhancements.

      Even in Soviet Russia you did not have to be a member of the Communist Party. However, that meant settling for low-level jobs and general discrimination.

      Wow. The other day I was reading about the anti-gay marriage protesters in San Francisco. One apparently brandished a sign that read "I hate faggots, but love AIDS." I felt bad for those couples that have had to face that kind of hateful public censure until I read your post. Everything is in perspective now. It must really suck to be as oppressed as you.

    21. Re:GPL... by Anonymous Coward · · Score: 0

      Oh, yeah, I founded a multi-million dollar closed source software company, in which I provide regular paychecks (full health care, dental plan, 401K, etc.) for dozens of programmers.

      And gain much needed relaxation by trolling about the GPL from your luxury penthouse. No, seriously.

    22. Re:GPL... by Znork · · Score: 1

      However, often it's not about the software ending up better, it's about it ending up different.

      Take, for example, a printer driver box with BSD code. Say the BSD code had an annoying bug that caused the lpd to hang once a day. Now, that got fixed in the BSD code as soon as it became apparent.

      But for the buyers of that printer driver box it does them no good that they can get the fix in the main tree; they cant run that code on the printer box anyway.

      The original code remaining free sometimes isnt good enough. As I would personally be annoyed if users got stung from a bug of mine when I would in such a case be powerless to help them, I tend to prefer GPL or LGPL licensing.

      And as I've been on the recieving end of a 'no, we're not gonna fix that' from a large software company where originally BSD licensed code was involved that I could have fixed myself had I had the code, I know how unfun that is.

    23. Re:GPL... by Anonymous Coward · · Score: 0

      that's exactly the same thing like the stupid users which tell us programmers which features we should add. fuck them all

      I'm guessing you don't have a license yet. Learner's permit?

    24. Re:GPL... by October_30th · · Score: 1
      Could you elaborate on this point with an example and an explanation?

      XFree 4.4

      It must really suck to be as oppressed as you.

      I'm not oppressed.

      I just hate hypocrisy and dogma and GPL disciples exhibit loads of both. I should know. I was one of them.

      --
      The owls are not what they seem
    25. Re:GPL... by ninejaguar · · Score: 1
      It's really simple. Those who care about reciprocation and that their evolving code should always be available to society can use the GPL. Those who don't care about such things don't need to hassle with BSD/MIT licenses. Just state that the code is in the Public Domain. No worries about such onerous things as licensing at all!

      = 9J =

    26. Re:GPL... by Anonymous Coward · · Score: 0

      I knew that would tweak some noses. However, that was not the intent. It shows (inasmuch as you can trust the postings of an Anonymous Coward -- who posts anonymously because of possible negative economic repercussions of calling them like he sees them) that I know what I'm talking about. You all should NOT abandon the responsibility to think for yourselves, and you should place about as much credence in RMS' opinions on economic issues as you should place in either Charlton Heston's or Madonna's opinions on politics (or, for that matter, almost any politician's opinion on economics). The Emperor RMS is buck-nekkid on this one. The GPL is an instrument expressly designed to lower programmer's incomes.

      http://www.flora.org/lynx-dev/html/month101999/m sg 00170.html

    27. Re:GPL... by Pieroxy · · Score: 1

      If you use a BSD license, you won't get any reward either

      I would rather say: If you use a BSD license, you might not get any reward either.

    28. Re:GPL... by gmhowell · · Score: 1

      Hopefully a rational question here:

      Why license libraries, etc. with BSD instead of LGPL?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    29. Re:GPL... by Anonymous Coward · · Score: 0

      In the OSS world, there are a lot of licenses and the GPL is probably the less free of all, that's all the parent is saying.

      I don't like the way people refer to the GPL as "less free" than other licences. It's a question about whose freedom you look at. The BSD licence is extremely free for whomever wants to use the code. The GPL on the other hand is extremely free from the viewpoint of its original developer (or if you like from the viewpoint of the program itself): The program will always be free to modify and distribute, no matter what someone does with it.

    30. Re:GPL... by bangular · · Score: 1

      I don't think this is necessarly flaimbait... The FSF does have a lot of zealots. That's why a lot of people don't GPL their code. There are eleventy twelve bazillion licenses that are similar to the GPL. And even more that aren't. FSF is very politically motivated and is interested in a huge movement. Some people just want to write software and don't want to get involved in all of that.

      A bit off topic but....
      I was under the impression the BSD license was GPL compatable. I loaded a BSD licensed kernel module today (Intel iscsi) and up popped a message saying my kernel was tainted and to not expect support. I could understand no support... but I thought BSD license was compatable. Why did it then taint my kernel?

    31. Re:GPL... by GAVollink · · Score: 2, Interesting
      Disclaimer section:
      IANAL (I am not a lawyer)
      I DID read the XFree 4.4 License
      I DID read the GPL
      I DID read the ASL2.0
      I am not disagreeing with Oct..30th
      I am not fully agreeing either

      Even XFree 4.4 license is not a "problem" per-say. They have some requirements that you tell people that they are using XFree in your documentation. That's it. That's the incompatability. So, that means that any piece of software that uses XFree should say so.

      Because XFree doesn't inherantly use GPL software, they have the right to choose this license, freely.

      Because of this many people will have to re-write some of their code if they want to compile it against NEW XFree libraries in binary form. (Still nothing needs to be changed for a source distribution model). So what's the big deal?

      Yeah, if you are running an entire distribution, that would be a lot to change - once. Hell, it's really something that should have already been in there. Just as Internet Explorer - to THIS DAY - prominantly displays the fact that they use some of the code from NCSA Mosaic. So, you write something that links directly against XFree libraries to get what you need done? Say so!

      From what I've read on /. and elsewhere, it seems. Many distributions are simply choosing not to use it YET because of the release-time restraints on labelling XFree use NOW. Some may find it easier to go with a different X platform. Some will not, but the labeling only serves to give each distribution pause to say, if we're going to change, now would be a good time to consider it.

      Labelling is only decent, and it may help everyone understand the dependancies that programs have to each-other. Really, if all programs required this (in an "About Page" or "man page" form), then Linux would be a much easier place for me to live.

      I am a primary Linux user and from my perspective, dependancy labelling would help out with dependancy hell.

    32. Re:GPL... by Arker · · Score: 1

      the GPL is probably the less free of all,

      Only in the sense that folks that live in a country where slavery is illegal are thereby less free than those who don't.

      This sort of twisting of the word 'free' really bothers me. The GPL is designed to protect freedom - to ensure that the code is always free, that it doesn't get subverted. If you think the fact that the license forbids you from making programmers who contribute code under the GPL your slaves means that the license is 'less free' then I don't think you understand freedom at all.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    33. Re:GPL... by Crazy+Eight · · Score: 1
      I'm not oppressed.

      Yeah, I know. Your hyperbole inspired my inner smart-ass.

      XFree 4.4

      Good timing. I had just finished posting a response in this thread and happened to mention that, like others, I don't fully understand the flap over XFree86's new license and on the face of it wouldn't throw my 2 cents in on the GPL side ('though I wouldn't mind if their move inspired a fork that made the point mute). I would like to point out though that if the issue between the two camps on the matter can only be framed in binary, either/or terms then XFree86 is making itself incompatible with the GPL just as much as the GPL is making itself incompatible with XFree86. The argument is then as solvable, resolvable, and edifying as whether toilet seats should be left up or down.

    34. Re:GPL... by Pieroxy · · Score: 1

      Ok, let's say it that way then, since a bunch of folks doesn't seem to understand the core concept:

      The BSD license is free: Anyone can use any code under the BSD license, wrap it, mofify it, etc... There is one constraint: The BSD license text must appear in the derived works.

      The GPL license is less free: Anyone can use any code under the GPL license, wrap it, mofify it, etc... There is one constraint: All derived works MUST BE GPL if they are to be redistributed

      The constraint that BSD is putting is almost nothing. It is just a matter of acknowledging where you got the source code from. Unless you are not honest, there is no reason why one wouldn't want to comply with it.

      The constraint that GPL is putting is another matter entirely. Pretty much prevent the use of GPL code in any code that is not GPL. If that is not a BIGGER contraint than BSD, then I don't know what is.

      Hence, GPL being charged with more important constraints than BSD, I qualify it of "Less Free". My terminology might not be of your taste, but now you have all the explanations you can dream of.

      On the matter of your analogy with slavery, I would say that a piece of code can hardly be compared with human beings. I could easily build such a stupid analogy in my favor saying something like:
      Working in a GPL company would require you to work for them forever. A BSD company would allow you to work for another company
      See? As meaningless. Let's try to compare things that are not totally different...

    35. Re:GPL... by Arker · · Score: 2, Insightful

      The BSD license is free: Anyone can use any code under the BSD license, wrap it, mofify it, etc... There is one constraint: The BSD license text must appear in the derived works.

      That's pretty much accurate.

      The GPL license is less free: Anyone can use any code under the GPL license, wrap it, mofify it, etc... There is one constraint: All derived works MUST BE GPL if they are to be redistributed

      This is not exactly correct - although I see where you get it. The GPL requires that if you use the code, you must allow anyone you distribute to to have the same freedoms you were given.

      As to the slavery analogy, I think it's quite accurate. Some folk argue that if you can't sell yourself into slavery, you're not really free. This makes a very close analogy to the argument that says that if you can't close the code, it's not really free.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    36. Re:GPL... by ArekRashan · · Score: 1

      I should know better, but: I'm not a FSF zealot. I don't really even _like_ the FSF. But I do understand what they mean when they talk about "freedom". Freedom can be defined as control of your own destiny. Conversely, a lack of freedom is usually because of control exerted on one by external factors. Hence, control and freedom are clearly not antithetical concepts. One might even view freedom as a measurement or evaluation of a given level of control. Yes, the GPL does not grant complete freedom to the licensee, but neither does any other license agreement. No contract is without conditions and rules; only source code released into the public domain is "truly free" in the way you seem to mean. What the GPL does, and does well, is grant a limited set of freedoms to the licensee under certain conditions. This is not the "Free" in "Free Software". What the FSF means by "Free" is that they can release code for use in other, similarly licensed "Free" software, while maintaining full control over any other use of the software. If you distribute code under the licenses you mention, you are still not providing "truly free" software. There are conditions that the licensee must meet to use the code. Also, you have less control over the future of your code. Parts of Microsoft Windows are in fact BSD code, legitimately licensed under the BSD license. No source code is provided to the end user, and the licensor never sees a nickel from this proprietary redistribution of their code. On the other hand, a GPL licensor retains the freedom to dictate terms of closed-source, proprietary redistribution of his code. This means that he can sell ($) redistribution rights to anyone who wishes to distribute under terms other than the GPL. GPL is not evil or bad, it is just a tool with its own unique set of advantages and deficiencies. Choose a license that suits your wants and needs, whether it be GPL, MIT, BSD, or one of your own devising. And no one is allowed to complain about the license you choose. If they are complaining, it is because they want the software. Without the license, they have no access to the software at all. Mush Luvv, Arek

    37. Re:GPL... by jonabbey · · Score: 1

      The GPL is an instrument expressly designed to lower programmer's incomes.

      And thereby drive down costs of software, for the good of all? That's a valid economic choice.

      Yes, large-scale software can be expensive to create. But even the highest end, most complex software is absurdly cheap on a marginal basis. Given that, and given that Microsoft has been obtaining outlandishly high monopoly rents on software for years, it's only to be expected that there be a market reaction to that. If that is Sun putting out Open Office to protect their hardware sales, or HP or IBM supporting Linux to prospectively protect themselves from being parasitized by Microsoft's very high share on PC profits, that's an economically justifiable market reaction.

      You can't talk economics without talking supply and demand. If you've got a large supply of programmers of varying education levels who can cheaply collaborate to produce broadly useful software and you've got a lot of people who need custom solutions for their businesses, then the market says that common software should be cheap and the custom solutions should be expensive.

      After all, the GPL does nothing significant to lower the salary of programmers working on custom IT projects for businesses of all sizes. It improves the quality and lowers the cost when a large organ bank exists that can be adopted for custom implementation.. this helps to improve the programmer's productivity for that business, which helps support his salary.

      If you're disappointed because it's hard to sell commodity software, then I empathize. I empathized with Netscape when their software was commoditized and bundled with a monopolist's product. I empathize with programmers whose jobs are being cut back due to cheaper programmers in India.

      But it's all supply and demand, it's all rational economics.

    38. Re:GPL... by jonabbey · · Score: 1

      Sigh, I wish I could edit my posts.

      And thereby drive down costs of software, for the good of all? That's a valid economic choice.

      I would not keep this in if I were editing it now. Your reaction was probably that 'for the good of all' is not an economic motivation. I'd agree with that, though that's how it tends to work out over the big picture. That's due to supply and demand, though.

      But even the highest end, most complex software is absurdly cheap on a marginal basis.

      Also obviously not true. But if we focus our discussion on broadly useful, commodity software, this is not such a strange thing to say. If Linux has 100 million CPU's running, then each of those 100 million CPU's represent a relatively low marginal cost.

      The rest of the points I think hold up pretty well. It's appropriate for people to choose to use commercial software where commercial software is better than open source software, and where the fear of proprietary lock-in is not too constraining. But it's also appropriate for open source to be there as an option if the adopter is technically savvy enough, or if the software is enough of a commodity that operating it is reasonable in the absence of commercial levels of documentation, user interface refinements, and marketing.

      As a consumer of software, I need marketing to reassure me that a product is functional and reliable. Or.. I could go online and read the word-of-mouth testimony of hundreds or thousands of people who may have used the product. In that regime, marketing may not be such a competitive advantage as it would be if it had a greater exclusivity on message transmission.

      Anyway. It's all economics, otherwise it wouldn't be happening. Relax.

    39. Re:GPL... by Anonymous Coward · · Score: 0

      "It's appropriate for people to choose to use commercial software where commercial software is better than open source software"

      Might I remind you that the GPL exists only to eliminate "immoral" closed-source software (and thus the choice to use it), and its mechanism is its viral nature. This is so obvious and overt that I can't believe it's necessary to make this point.

      (The BSD license, in contrast, is not intended to remove choice..)

      "Anyway. It's all economics, otherwise it wouldn't be happening. Relax." This is a non-sequitur.

      The Internet Bubble happened, and it had economic ramifications (salary inflation, etc.), yet it was not economically rational. An "irrational exuberance" (thanks, Alan Greenspan) led otherwise intelligent people to abandon common fiscal sense in pursuit of wealth. Here, an irrational belief in the utopianist propaganda of the FSF has programmers throwing themselves into the sea like lemmings -- and what's even worse than the Internet Bubble, cutting off each other's air supply (thanks, Bill? Jim? Joachim?).

    40. Re:GPL... by jonabbey · · Score: 1

      Might I remind you that the GPL exists only to eliminate "immoral" closed-source software (and thus the choice to use it), and its mechanism is its viral nature. This is so obvious and overt that I can't believe it's necessary to make this point.

      Might I remind you that this is bullshit. Linus didn't choose the GPL to eliminate immoral closed-source software, and we didn't choose the GPL for software we wrote to do so, either. Attempting to tarnish everyone who has ever used the license with the RMS-is-a-fanatic brush is quite the non-sequitor itself.

      The Internet Bubble happened, and it had economic ramifications (salary inflation, etc.), yet it was not economically rational. An "irrational exuberance" (thanks, Alan Greenspan) led otherwise intelligent people to abandon common fiscal sense in pursuit of wealth. Here, an irrational belief in the utopianist propaganda of the FSF has programmers throwing themselves into the sea like lemmings -- and what's even worse than the Internet Bubble, cutting off each other's air supply (thanks, Bill? Jim? Joachim?).

      You say it's irrational, I say it's not irrational. If we're going to leave it at such bald statements, I don't see this discussions being very productive. I've given some suggestions as to properly selfish motivations for GPL'ing software, and to why the economics of the situation can rationally drive free software.

      We don't live in a world in which all software has commercial sale value. We just don't. The transaction costs for selling software are too high, and the ease with which that software can be copied without payment is so profound that it costs significant money to build an infrastructure to enable and enforce payments. That leaves lots of talented programmers available who write software that may be of enough value to download, use, and improve, even if they couldn't make money selling it if they tried.

      Selling software against the network effects of a dominant vendor like Microsoft is extremely damn hard. I'd like my software to be used, and I think it's likely to be helpful to extremely technically competent systems administrators, in addition to solving a necessary problem for my own employer. Why shouldn't we allow people to download it, learn from it, use it, think about it as they design new software? My employer has certainly gotten enough use value out of GPL'ed software that we have downloaded and deployed in the past, and they get a custom-engineered solution to their problem in the form of my code in the present. What would it profit us to keep our software locked in-house?

      I submit to you that my behavior, and that of my employer, is wholly rational in this context, and is not aimed at putting all programmers out of work. If another programmer, somewhere (anywhere) in the world takes my software and improves it to the degree that someone who might choose a commercial product can instead substitute my software, and if my employer can take the benefit of that improvement and use it to our own benefit, then the GPL has done its job properly for us.

      If you're going to argue that the GPL is irrational, you are going to have to argue why each person or team that has contributed to Linux should not have expended that incremental effort to improve a product for themselves as well as the community of other Linux users. Should a user who has an urge to be able to use a specific device on their computer feel obligated to create their own operating system and sell it? Or should they write a 5 line patch and send it to Linus?

      If writing that patch is economically rational (and I'd argue that it is), and if HP, IBM, and other companies funding Linus at ODSL to shepherd the developmental process is rational (and I'd argue that it is), then ultimately it seems that everyone is acting in their rational self-interest. If you feel otherwise, I'd like to hear you argue why that person should not have submitted that patch, or why IBM should not fund ODSL, rather than baldly asserting irrationality.

    41. Re:GPL... by Anonymous Coward · · Score: 0

      "Might I remind you that this is bullshit. Linus didn't choose the GPL
      to eliminate immoral closed-source software, and we didn't choose the
      GPL for software we wrote to do so, either. Attempting to tarnish
      everyone who has ever used the license with the RMS-is-a-fanatic brush
      is quite the non-sequitor itself."

      I don't know what Linus' motivations were for CHOOSING the GPL, but
      why don't we ask RMS why he CREATED the GPL?: "In the GNU Project,
      discrimination against proprietary software is not just a policy--it's
      the principle and the purpose. Proprietary software is fundamentally
      unjust and wrong, so when we have the opportunity to place it at a
      disadvantage, that is a good thing."

      QED, according to its author, the GPL is designed to do exactly what I
      said -- eliminate immoral closed-source software. If you use it, you
      are aiding and abetting that goal.

      Re: the Internet Bubble: "You say it's irrational, I say it's not
      irrational." You've never had to look anybody in the eye and lay
      him/her off, have you? In fact, I'll bet you've never even hired
      anybody (and I mean been on the hook for they paycheck), have you?
      You must either be in or work at a university or government lab.

      "We don't live in a world in which all software has commercial sale
      value. We just don't."

      No kidding. And how do we determine which has this value, and which
      has not? I will tell you (having launched both unsuccessful and
      successful software products) it is IMPOSSIBLE to tell that a priori.
      It is determined by the customers.
      "The transaction costs for selling software are too high, and the ease
      with which that software can be copied without payment is so profound
      that it costs significant money to build an infrastructure to enable
      and enforce payments."

      Says who? We have sold millions of dollars worth of software. Our
      company is an Existence Proof that you are wrong.

      "...That leaves lots of talented programmers available who write
      software that may be of enough value to download, use, and improve,
      even if they couldn't make money selling it if they tried."

      True enough. But should they all conspire (or perhaps inadvertantly
      work) to put the OTHER programmers out of work?

      "Selling software against the network effects of a dominant vendor
      like Microsoft is extremely damn hard."

      True, but a different issue/discussion (network effects, etc.)

      "I'd like my software to be used, and I think it's likely to be helpful
      to extremely technically competent systems administrators, in addition
      to solving a necessary problem for my own employer."

      Great!

      "Why shouldn't we allow people to download it, learn from it, use it,
      think about it as they design new software? My employer has certainly
      gotten enough use value out of GPL'ed software that we have downloaded
      and deployed in the past, and they get a custom-engineered solution to
      their problem in the form of my code in the present. What would it
      profit us to keep our software locked in-house?"

      I see you work in a University. Let me rephrase your question from
      another point of view. Say I'm a taxpaying small business owner who
      is directly funding your lab out of the taxes (taken at gunpoint) from
      the profits I make selling software to system administrators (small
      world, eh?). You decide to "make rather than buy" (a perfectly
      reasonable choice) said software. Then, you dump it on the market,
      licensed with the anti-corporate GPL instead of the business-friendly
      MIT/BSD license. I cannot add value to it by adding my own,
      self-funded software to it to make a better product without giving
      away my self-funded software to all my competitors.

      So, bottom line, I am paying you to eliminate the jobs of my
      employees. Why is this a Good Thing? Why is it a Good Thing that
      public funds be used for political aims like the FSF's? Such software
      should be release

    42. Re:GPL... by jonabbey · · Score: 1

      Many thanks for intelligently engaging in the discussion. Rather rare for Slashdot, obviously. Your comments are quite apposite, in fact, and I don't disagree with much of what you say here.

      However, your argument as to putting programmers out of work..

      Then, you dump it on the market, licensed with the anti-corporate GPL instead of the business-friendly MIT/BSD license. I cannot add value to it by adding my own, self-funded software to it to make a better product without giving away my self-funded software to all my competitors.

      No, but you might be able to add value to your business through the use of that software. Your argument about not being able to add competitive advantage when everyone else is able to get the same resource at no cost is true enough, but the integration and development effort you would undertake to put it to use internally in your business can serve as competitive advantage.

      I take your point, GPL'ed software clearly makes it hard for software companies in any competitive area. It doesn't necessarily make it hard for the vast majority of other types of business, though, and many of them have been known to hire programmers. I would say that the GPL might make it difficult to be a software entrepreneur in certain areas of the industry. Others, such as the hit-driven games market, not so much, perhaps.

      Your programmers, unfortunate though they may be to be in a field in which there is GPL'ed software to contend with, may enjoy the decrease in various product costs due to the increased efficiency that manufacturers and service companies can enjoy through the use of GPL'ed software.

      That's not a comforting thought, I understand. The situation does seem very closely analagous to the outsourcing question, but the negative effects seem more closely drawn to software entrepreneurs, and not all programmers as a class.

      The question is just how the benefits to programmers (and citizens) at large of low-cost access to GPL'ed software use compare against the costs to software entrepeneurs, and whether those software entrepreneurs would have had much better luck contending against competitive software written by Microsoft in the event that your software obtained any significant notoriety. It sometimes seems that a big part of any software company's business plan is to get bought out by Microsoft or by a business selling complements, as you suggest.

      Thank you again for a good discussion, you sound like a good and intelligent businessperson. I wish you well.

    43. Re:GPL... by Anonymous Coward · · Score: 0

      I'd have more sympathy if you were charging for your opinions instead of irrationally giving them away for nothing and putting your fellow writers out of work. I'd say more but I fear this post has already put several opinion piece writers out of a job :(

    44. Re:GPL... by SnowZero · · Score: 1

      I use it when above everything else I just want easy compatibility. errno.h would be a great example. Of course I didn't write that, but in some of my subprojects I have headers of definitions that I'd rather anyone can use. That way I can minimize glue between my system and theirs, mapping between essentially identical structures or identifiers. Hopefully that made sense :)

      Two examples are a vector library (2d,3d vector operations) and a numerical utility library (filling in some of the simple gaps in math.h and STL's algorithm.h). I've never used a BSD-style licence on any significant code modules however, and don't plan on doing so any time soon.

    45. Re:GPL... by SnowZero · · Score: 1

      Oh sorry I misread the question somewhat (GPL!=LGPL). The LGPL gets really flakey when you talk about C++ objects. The act of linking includes code for inline functions, which ends up in their binary, not dynamically linked (oops). Templates are even worse. So depending on how I expect it to be used and what I'm going to tolerate, I carefully choose between the licenses to best approximate what I want. The FLTK toolkit does this another way, for example, by clarifying their interpretatation of the LGPL, explicitly allowing static linking. I have no idea whether that legally holds any water however, so I don't use that approach.

    46. Re:GPL... by Anonymous Coward · · Score: 0

      Thanks for both your thanks and the discussion. What a breath of fresh air from a GPL user/supporter/whatever. Hard-core Stallmanists -- God, but I think that term is so apropos -- usually are more dogmatic/ideological and less sympathetic. Similarly, I hope there's always a Real Software Job waiting for you and you don't have to move to Bulgaria to get it.

    47. Re:GPL... by gmhowell · · Score: 1

      Sounds like the LGPL was either written ignoring certain coding types, or deliberately made that way to 'encourage' usage of the GPL.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  4. You know what ? by bmajik · · Score: 4, Insightful

    If there's a debate at all, it's not worth wasting your time thinking about it.

    This is why people like the BSD license.

    This is why OpenBSD forks code when others play stupid license tricks. If anyone has to think about what a license might mean, then they're not busy fixing bugs. Pseudo-Clever-Licensing keeps lawyers happy and programmers unproductive.

    --
    My opinions are my own, and do not necessarily represent those of my employer.
    1. Re:You know what ? by ProtonMotiveForce · · Score: 1

      Exactly. Or the MIT license.

      If you code for the fun or to provide the world with something, use BSD/MIT license.

      If you're trying to make a pointless statement, by all means use GPL.

    2. Re:You know what ? by utahjazz · · Score: 0, Troll

      Exactly. Or the Apache license.

      If you code for the fun or to provide the world with something, use BSD/MIT/Apache license.

      If you're trying to make a pointless statement, by all means use GPL.

    3. Re:You know what ? by Anonymous Coward · · Score: 0

      *sigh*
      and you wonder why jobs get outsourced overseas and programmers get systemmatically screwed at every turn.

      If you don't take an interest in politics you get screwed, that's life. The GPL is geek politics and if Linux was under a BSD license it would be just as sidelined as FreeBSD.

    4. Re:You know what ? by Syberghost · · Score: 3, Insightful

      If there's a debate at all, it's not worth wasting your time thinking about it.

      Totally agree, but:

      This is why people like the BSD license.

      Like BSD has never had licensing issues wind up in court.

    5. Re:You know what ? by El · · Score: 1
      This is why people like the BSD license.

      Because they don't mind donating their work to Microsoft for free? Personally, I love it when Microsoft encorporates some of my work into their software... but I figure they can afford to pay me for it.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    6. Re:You know what ? by albalbo · · Score: 5, Informative

      "Pseudo-clever-licensing" keeps programmers out of court, dude. Apache's patent termination clause will make patent litigators think twice before bringing frivilous lawsuits. Like it or not, licences are incredibly important, and it's good to see Apache put as much effort into it as the FSF have.

      For what it's worth, the official FSF response to the ASL2.0 licence is here, by Eben Moglen. Then Apache changed the licence under review. It's possible the FSF webmasters have not realised this, and that the comment applies only to the licence Eben reviewed (which was not the final ASL2.0). So, we could actually be arguing over nothing.

      --
      "Elmo knows where you live!" - The Simpsons
    7. Re:You know what ? by bmajik · · Score: 2, Insightful

      People that write software under the BSD license don't care who uses it for what. They enjoyed writing something; they may think it's pretty good; and by extension, they may think lots of people can benefit from it.

      Consider this - if you beleive MS writes shitty software, wouldn'y you want them using as much BSD code as possible ? wouldn't that help standards compliance ? Wouldn't that help make MS's products less bad ? Wouldn't that inturn make life better for everyone ?

      or is your argument basically "screw companies"?

      The BSD license is about writing good software. The GPL license is about anti-corporatism.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    8. Re:You know what ? by BdosError · · Score: 1

      a) That was not a problem with the type of license, it was a dispute over proper ownership of code
      2) It's resolved now, it's all better.

      --
      Complexity is Easy. Simplicity is Hard.
    9. Re:You know what ? by El · · Score: 4, Insightful

      Consider this - if you beleive MS writes shitty software, wouldn'y you want them using as much BSD code as possible ? Yes. But apparently in going from NT4.0 to Win2K, they rewrote most of the BSD-derived TCP code to make it less compatible with other BSD Sockets based apps. wouldn't that help standards compliance ? How does that stop them from "embracing and extending" the protocols once they have the source? Remember how Microsoft "adopting" Kerboros for SMB authentication, but perverted one of unused fields so it wouldn't work with anybody else's servers? Giving them a no-strings-attached implementation just makes their job of "embrace and extend" that much easier. Wouldn't that help make MS's products less bad ? Yes, it has in the past... until they rewrite the code. Wouldn't that inturn make life better for everyone ? Wouldn't it be better for everyone if we all had one government, one religion, one software? Personally, the fact that I have to make so many choices every time I go to the grocery store really pisses me off... we'd all be off if there was only one food vendor!

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    10. Re:You know what ? by Anonymous Coward · · Score: 0

      > If there's a debate at all, it's not worth wasting your time thinking about it.
      > This is why OpenBSD forks code when others play stupid license tricks.

      Those two statements are incompatible. Obviously OpenBSD is "wasting time thinking about it" if they are forking.

      Oh, and Theo recently said he was forking XFree because even though the licence did not conflict with BSD, it was "incompatible with the Spirit of Berkeley"!?!

      At least the GPL is a legal document that can be intepreted in court, unlike Theo's imaginary "Spirit of Berkeley" which means he can do whatever the hell he feel likes.

      No thanks. Men will choose the Rule Of Law (GPL) over the Rule of Men (Theo and BSD).

    11. Re:You know what ? by bmajik · · Score: 1

      actually my understanding is that the BSD tcp/ip stack wasn't (and isn't?) highly multi-threaded, whereas windows's stack is. That's a re-write that seems worth doing, don't you think ?

      the change in kerberos was spec-legal, and was used to support functionality NT needed. That every unix implementatino ever was broken isn't microsoft's problem.

      you sort of flew off the deep end with the life better for everybody bit. my point there was that it is a fact of life that there are lots and lots of machines running MS software. so wehter you're a direct user or someone that is just affected by MS based DDoS attacks, if the stuff MS ships is better, you benefit. It has nothing to do with choice or one religion or any other nonsense.. where did you even come up with that ?

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    12. Re:You know what ? by Anonymous Coward · · Score: 0

      Wouldn't that help make MS's products less bad?

      Yes, it has in the past... until they rewrite the code.

      This point of yours doesn't make sense. You're arguing against BSD-style licenses because someone can take the code, and change it. Ever hear of "forking" with GPL code?

      Wait a second. You're not actually suggesting that you want these "changes" to be made publicly available, are you? In just the previous point, you said:

      How does that stop them from "embracing and extending" the protocols once they have the source?

      So you want to be able to use their non-standard code in your own project, instead of improving the original standards-compliant code?

      Truly baffling.

    13. Re:You know what ? by Anonymous Coward · · Score: 0
      we'd all be off if there was only one food vendor!
      Yes! Chef Boyardee forever!
    14. Re:You know what ? by El · · Score: 1
      the change in kerberos was spec-legal, and was used to support functionality NT needed. That every unix implementatino ever was broken isn't microsoft's problem. a) I don't beleive the functionality Microsoft implemented was part of the Kerboros spec. Granted, specs tend to be ambiguous. b) I don't see the reasoning behind your "every unix implementation ever was broken." Obviously the unix implementation of Kerboros worked just fine. c) I'm not convinced that Microsoft couldn't have implemented the new functionality in a way that was backwards compatible with existing implementations. They chose not to.


      As far as the "one software" rant, the point I was trying to make is that you are not necessary making life easier by assisting a monopoly in maintaining their software lock-in. Of course, I support your right to choose to do so, and your opinion may differ.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    15. Re:You know what ? by NaugaHunter · · Score: 1

      So, we could actually be arguing over nothing.

      On slashdot? That's unpossible,

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    16. Re:You know what ? by El · · Score: 1

      Not baffling at all. Wouldn't attempts to maintain compatibility with Microsoft's bastardized "standards" be a lot easier with access to the source?

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    17. Re:You know what ? by Artifakt · · Score: 1

      I'm going to try a serious answer to one of your possibly rhetorical questions.

      "... wouldn'y you want them using as much BSD code as possible ?"

      Yes, with at least a couple of caveats. I wouldn't want them to use code, and then cast FUD on other people's projects for using the same code, or even code from the same sources.
      I wouldn't want them to use code developed with a certain methodology, and then cast FUD on that methodology.
      I'll just about bet that anyone who writes code cares about these points. Sure, use my code. I don't care if I see a check for it, I don't care if it gets my name up in lights or not. What coder can realistically say "I don't care if you use it and then accuse it of being bad code at the same time.", or "I don't care if you use it and accuse me of being incompetent, or of not caring about security, or of wanting to convert the nation to communism. Go ahead and talk out of both sides of your face about me, I don't care".
      With that said, this is often a non-issue with respect to Microsoft. The recent release of some Windows NT 4 and 95 source code shows a Micrsoft with some pretty normal practices and good coders, hobbled by a need to maintain an enormous amount of legacy support. It's a Microsoft that has done a pretty decent job on its own, hasn't swiped code, and has given full credit for those limited BSD based functions it used.
      Tracing the published statements of MS starting from this code reveals that they have used it in accordance with liscence, and often gone beyond what is strictly legally required to keep other company's and individual's names associated with the code they wrote, and in some cases to contact originators for specific permission to use the code rather than just take it under the BSD liscence. Of course, this is a) based partly on material that wasn't legally supposed to be in the public's hands, and b) for 95, comprised only about 15% of the core OS, if memory serves.
      If we can go by this partial and not entirely legal sample, Microsoft's practices here would have met the GPL's standard as well as they met BSD's. Someone, however, should tell the advertising department and whomever writes press releases to get with the program on a few occasions.

      --
      Who is John Cabal?
    18. Re:You know what ? by Ken+D · · Score: 4, Interesting

      My read of the revised license [IANAL] is that it isn't compatible. Apache makes several bogus arguments, namely: 1) Our software doesn't have patents anyway; and 2) ASL(3) is comparable to GPL(7).

      Argument (1) is bogus because other people can release software under the ASL. For example Bob & Mimi can release their (individually patented) package under the ASL, and you have a grant under the ASL to USE and redistribute.

      Argument (2) is bogus because when you sue Bob for violating your software patent, you can no longer USE Mimi's portion of the software without violating her patent.

      GPL Clause 7 only talks about REDISTRIBUTION. So if this had been GPL software, you would no longer distribute because you'd be distributing what you claim to be your patented technology, but you could still USE it.

    19. Re:You know what ? by ajagci · · Score: 1

      If BSD were as popular as Linux, then it might be in serious trouble right now because SCO could claim that all their contributions to it, in fact, remained proprietary. In contrast, the fact that Linux is covered by the GPL gives Linux a strong defense against SCO's claims, given that SCO itself has distributed it.

      And the issue over BSD code ownership is not resolved: SCO is still making claims about it. If BSD ever becomes important enough, they may go to court over it.

    20. Re:You know what ? by Suppafly · · Score: 1

      actually my understanding is that the BSD tcp/ip stack wasn't (and isn't?) highly multi-threaded, whereas windows's stack is. That's a re-write that seems worth doing, don't you think ?

      That's correct, that's why the openbeos people can't just use the bsd stack that nearly every other operating system uses.

    21. Re:You know what ? by Anonymous Coward · · Score: 0

      > Obviously the unix implementation of Kerboros worked just fine

      Many Unix Kerboros implementations made the exact same extensions that Microsoft did. Of course the Unix extensions and the Windows extensions were not compatible -- the two operating systems have fundementally different ways of representing users.

      What you are really suggesting (and probably don't know it) is that Windows should use a Unix UID/GID model of representing users. Well, it doesn't. Tough shit.

    22. Re:You know what ? by Anonymous Coward · · Score: 0
      it might be in serious trouble right now because SCO could claim that all their contributions to it, in fact, remained proprietary


      Whoa, you really don't get it, do you? The *BSD projects take great care in what code is incorporated into their projects.

    23. Re:You know what ? by Brandybuck · · Score: 1

      Remember how Microsoft "adopting" Kerboros for SMB authentication, but perverted one of unused fields so it wouldn't work with anybody else's servers?

      The licensing in this situation was irrelevant, since Microsoft made their own implementation. The fscked with the spec, not the code. In other words, if Kerberos had been under the Holy GPL, NOTHING WOULD HAVE BEEN DIFFERENT!

      --
      Don't blame me, I didn't vote for either of them!
    24. Re:You know what ? by ArsonSmith · · Score: 1

      I think you got that backwards, re-read your comment and s/GPL/BSD\/MIT/

      BSD people are the one trying to make the "My code is freeer than yours" statement.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    25. Re:You know what ? by RedHat+Rocky · · Score: 1

      Except that the implementation would have been free, as in source, for anyone to examine and incorporate to make their software interoperate.

      Yeah, that GPL thing isn't worth much. Right.

      --
      Anything is possible given time and money.
    26. Re:You know what ? by RedHat+Rocky · · Score: 2, Insightful

      If Microsoft had to provide the code with their "embrace and extend", then they'd lose the prime advantage of "embrace and extend", "nothing else works with it".

      It's not a matter of wanting to use their code, it is a matter of preventing them from using others' code to maintain their monopoly.

      --
      Anything is possible given time and money.
    27. Re:You know what ? by Crispy+Critters · · Score: 1
      Thanks for pointing out Moglen's response. The license was changed because of his concerns. For example, under the draft license, you would be unable to distribute Apache if you made any patent allegations against anyone who has contributed to Apache. (Under this license, if Caldera had ever given one line of code to Apache, IBM would now be prohibited from distributing it because of their counterclaims against SCOG.) It was rewritten to only apply to patent claims against the Apache code itself. This is a huge difference.

      Legal questions are always hard, but it certainly sounds like the Apache people are trying hard to be GPL-compatible, and have reasonable arguments that they are.

    28. Re:You know what ? by Anonymous Coward · · Score: 0

      Wow, that's dead right! Mod parent up -- this is the most insightful comment I've seen about this yet!

    29. Re:You know what ? by gmhowell · · Score: 1

      People that write software under the BSD license don't care who uses it for what.

      I haven't looked at the BSD license in much detail, but isn't this scenario essentially the same as placing the software in the public domain? How does that differ from the BSD license? I do remember reading somewhere that it's difficult to actual put something in the PD. Perhaps this is a regimented way to do that?

      Consider this - if you beleive MS writes shitty software, wouldn'y you want them using as much BSD code as possible ? wouldn't that help standards compliance ? Wouldn't that help make MS's products less bad ? Wouldn't that inturn make life better for everyone ?

      Some people think that opening all code to everyone would be better. I tend to agree, but find that a farther looking idea than yours (in which case improvement could quickly/easily be put into code, without opening up the whole mess).

      I won't touch your last two statements. Overly broad, and there's not likely to be a meeting of the minds so long as either camp ignores that there are individual reasons for choosing one license over another.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    30. Re:You know what ? by Tassach · · Score: 3, Insightful
      People are pointing out the hypocracy inherent in the GPL, which spends most of it's effort placing restrictions on what you can do with "free" code. The people who say that the BSD/MIT style licences are more free than GPL because that is the objective fact of the matter. The more restrictions you put on the code, the less free it becomes; because GPL puts more restrictions on the user than BSD does, it is by definition less free. The only totally free code, without any restrictions whatsoever, is code which has been placed in the public domain. GPL is only mostly free...

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    31. Re:You know what ? by black+mariah · · Score: 1

      Which part of "made their own implementation" do you find unparseable? It means THEY WROTE THEIR OWN CODE, based on the standard. Which means IT WASN'T GPL.

      This seems to be a new trend on Slashdot. Not even bothering to read the post you're replying to.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    32. Re:You know what ? by El · · Score: 1

      actually my understanding is that the BSD tcp/ip stack wasn't (and isn't?) highly multi-threaded, whereas windows's stack is. That's a re-write that seems worth doing, don't you think ?That depends. Certainly if you have a large process switch overhead, as I beleive Windows has, rewritting code to make it support threading better is worthwhile. However, don't recent tests with Linux 2.6 show that threading just isn't that big a win under Linux, since process overhead isn't significantly worse that thread overhead? It's probably not worth the rewrite in BSD either. And since TCP/IP was implemented in the kernel in Unix, I'm not sure the "needs to be highly threaded" argument applies at all -- does Microsoft implement TCP/IP in user space instead?

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    33. Re:You know what ? by Brandybuck · · Score: 2

      Do you guys even bother to read the posts you're replying to? Why do I suspect that you all have canned responses you automatically send out regardless of what you're replying to?

      Please tell me what the fsck the GPL has to do with any original independently implemented code? "Oh, that's clause 13! 'In the event your wholly original and independent code is interoperable with this work, then you must release your wholly original and independent code under this license, or face the puerile whinings of Slashdot trolls!'"

      --
      Don't blame me, I didn't vote for either of them!
    34. Re:You know what ? by Crazy+Eight · · Score: 1
      People that write software under the BSD license don't care who uses it for what. They enjoyed writing something; they may think it's pretty good; and by extension, they may think lots of people can benefit from it.

      Why then do so many fans of BSD-like licensing feel the need to denounce the GPL as having malignant characteristics in the process of stating their preference?

      Consider this - if you beleive MS writes shitty software, wouldn'y you want them using as much BSD code as possible ?

      How would that be different from them using GPL software?

      wouldn't that help standards compliance ? Wouldn't that help make MS's products less bad ? Wouldn't that inturn make life better for everyone ?

      Maybe. Then again BSD licensed software might be the best code base to start with if you want your "value added" product to "embrace and extend".

      or is your argument basically "screw companies"?

      Why must the GPL imply the notion of "screwing" companies?

      The BSD license is about writing good software.

      In as much as a license can affect code quality I don't understand what the BSD process entails that the GPL process can't encompass.

      The GPL license is about anti-corporatism.

      I don't see how that could be true given the number of companies that have invested resources in GPL software like Linux. That includes the obvious commercial distributions as well as big industry names like IBM and Novel. Even hardware companies like Intel have put finacial muscle into the GPL's economic ecology. Debian -- the distro that packages what it calls "GNU/Linux" and has a "debian-legal" mailing list -- had a founder who now owns a company called Progeny.

      Understand, I myself have nothing against the BSD license. I have yet to fully understand the recent clamor surrounding XFree86's new license. (I'm sure I must be missing something, but on the face of it all I can say is whoop-de-freaking-do. So they want credit? What's wrong with that? Does that really mean every other package's documentation will need retooling? If so could that actually be as cumbersome as dealing with Imake?) I just don't get this whole pissing contest. At times the debate as advanced by the BSD over GPL contingent seems to stem from an unspoken my-gift-is-purer-than-yours vanity. It reminds me of the JPF vs the PFJ in "Life of Brian".

    35. Re:You know what ? by El · · Score: 1

      The GPL license is about anti-corporatism. Yeah, that's why companies like IBM and HP are investing so heavily in developing GPL software -- 'cause they are so ardently anti-corporate!

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    36. Re:You know what ? by dublin · · Score: 1

      The more restrictions you put on the code, the less free it becomes; because GPL puts more restrictions on the user than BSD does, it is by definition less free. The only totally free code, without any restrictions whatsoever, is code which has been placed in the public domain. GPL is only mostly free...

      Very true, but it's important to recognize that it is an virulent hatred (and yes, that's the right word) of the idea that someone might engage in sofware commerce that drives the GPL bigots.

      The GPL is not about code, it's not about freedom. It's about doing everything possible to prevent anyone, anywhere, from selling software. When you get right down to it, the GPL is really about peeing in the punchbowl....

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    37. Re:You know what ? by bmajik · · Score: 1

      its re-entrant in-kernel, meaning multiple different procs in the kernel can be doing things with your network simultaneously

      we're talking kernel concurrency here. Something windows has and linux didn't(doesn't?). (which is why MS was able to concoct the netcraft benchmarks where Windows spanked Linux with multi-proc and multi-network interface scenarios. Somebody at MS knew one of the technological advantages the windows kernel has/had.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    38. Re:You know what ? by curne · · Score: 1

      [The GPL is] about doing everything possible to prevent anyone, anywhere, from selling software.

      Erhm, I beg to differ. As zealot-like and wrong as it may sound to you, I have personally sold software under the GPL several times. I do this by charging for the coding and not for the exclusive rights.

      Notice, I do not think you an idiot, merely that you are uninformed.

      --
      All interpreted languages are abstractions over Lisp
    39. Re:You know what ? by j7953 · · Score: 1
      or is your argument basically "screw companies"?

      No, the main argument behind the GPL is "screw people who don't wish to give users of their software the freedoms that we think users should have."

      You may disagree with that attitude, but it is certainly not "anti-corporate." I'm sure that the Free Software Foundation welcomes corporations to publish free software, just like they probably dislike individual, non-corporate developers who publish non-free software.

      --
      Sig (appended to the end of comments I post, 54 chars)
    40. Re:You know what ? by IronBlade · · Score: 1

      From what I've read and think I understand fairly well, the reason the GPL even exists is to keep software free, through the use of copyright laws.

      Public domain code has nothing stopping companies from adopting the code, turning it into a proprietary product and never releasing the source, nor allowing free copying and redistribution. The result? Non-free software.

      The GPL simply says that the software is free and if you change it, it must stay free. The result? Free software.

      While I'm not a RMS fanboy, I appreciate his (and the FSF's) work to give us Free (as in libre) software, through the GPL.

      --
      Important info:
      http://www.lifeaftertheoilcrash.net
      http://dieoff.org/synopsis.htm
      http://www.peakoil.net
    41. Re:You know what ? by JonMartin · · Score: 1
      When you get right down to it, the GPL is really about peeing in the punchbowl...

      Props. This is my new favourite description of the GPL - and I've seen some good ones.

      --
      Serve Gonk.
    42. Re:You know what ? by JonMartin · · Score: 1
      I haven't looked at the BSD license in much detail, but isn't this scenario essentially the same as placing the software in the public domain? How does that differ from the BSD license? I do remember reading somewhere that it's difficult to actual put something in the PD. Perhaps this is a regimented way to do that?

      Exactly. "Public domain" is rather hard to do, and has some nasty potential pitfalls. For example, who is liable for PD code? BSD is basically PD with "I wrote this" and "Use at your own risk" clauses.

      Here is the current gold standard BSD license (used by OpenBSD):

      Copyright (c) CCYY YOUR NAME HERE

      Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

      THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

      The first part is the "I wrote this" clause. The second part is "Use as you wish, but you can't remove my copyright". The third (shouty) part is the "Use at your own risk" clause.

      That's it. It's nice that you don't need to be a lawyer to understand it.

      --
      Serve Gonk.
    43. Re:You know what ? by bmajik · · Score: 1

      this is ridiculous.

      IF some peice of OSS code were released under a GPL license, MS just wouldn't use it; they'd implement something from scratch that worked similarly.

      As a practical matter, the standards compliance would be better with BSD code (most likely.. here you're weighing the odds that the OSS implementation is more standards compliant than what MS could come up with. historically these are good odds)

      Let me make something extremely clear:

      The GPL doesn't prevent microsoft from doing _anything_. Re-read that. Keep re-reading it until you agree. If MS wants the functionality that a peice of GPL code requires, they'll clean room it from scratch, end of story. The notion that there's some peice of GPL code out there that does something SO cool that nobody else can duplicate it without wholesale inclusion of the source code is complete nonsense. OSS people have been doing wholesale duplication of Microsoft stuff for ever, with NO access to the code. Why do you suppose Microsoft "needs" GPL code at all ? Also, you erroneously suppose that the availability of existing source code could make/break a shipping feature from MS. The end result of the product development cycle at MS is so much more than a bit of code. Regardless of where the code comes from - MS internal, BSD, GPL, whatever - the actual writing lines of code peice is NOT the majority time sink in that functional or feature area of the product. For this code to ship, many people needed to agree months ago that what it did was important enough to be worth doing, and once a decision like that has been made, it WILL get done, regardless of wether some existing code can be re-appropriated, or wether something needs to be written completely from scratch to do it.

      Furthermore, i challenge _anyone_ to find _any_ example of a place where MS used open source or public domain code to "extend their monopoly"

      How you can extend a monopoly by wielding something that EVERYONE has ? It has been the proprietary peices that have done the monopoly extension. The leveraged OSS code by and large goes towards standards compliance with existing systems. (eg: ftp.exe on a Windows machine is mostly bsd code. FTP is something of an afterthought in ever windows implementation)

      So basically, i'd just like to say that this whole converation about the GPL somehow constraining Microsoft is a completely ridiculous GPL-fanboy wet dream. It has no basis in reality whatsoever.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    44. Re:You know what ? by Tassach · · Score: 2, Insightful
      Public domain code has nothing stopping companies from adopting the code, turning it into a proprietary product and never releasing the source, nor allowing free copying and redistribution. The result? Non-free software.
      The freedom to keep something private is still a freedom, which is the point that the GPL bigots miss. If I put something in the public domain, anyone is totally free to do whatever they want with it, which includes incorporating it in a non-free program. The important thing to remember is that a non-free derivitive does nothing to reduce the freedom of the original base work. The freedom to decide how you want to release your work is important, and the GPL deprives programmers of this freedom.

      • Public domain says: "You may use this code however you see fit."
      • The BSD license says: "You may use this code however you see fit, but you must acknowlege my contribution."
      • GPL says: "You may use this code in any manner which is consistent with my political agenda."
      See the discrepency?

      There's a big difference between releasing Free software because you decide to do so of your own free will, and doing so because a third party is forcing you to do it. Forcing people to do things against their will is the antithesis of freedom.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    45. Re:You know what ? by Syberghost · · Score: 1

      Whoa, you really don't get it, do you? The *BSD projects take great care in what code is incorporated into their projects.

      As does Linux, but still both projects have been in court.

    46. Re:You know what ? by ArsonSmith · · Score: 1

      The real difference between BSD vs. GPL is who it is freeing.

      The BSD license frees the developer (current and future) to do whatever they want with the code. Insuring that the Developer is free.

      The GPL license frees the code to always be available to anyone for free. Insuring that the code stays free.

      Which one is more free is really a stupid apples to oranges argument. One is applying freedom to the developer while restricting freedom of the code by enabling it to be enslaved in proprietary works. While the other is applying freedom of the code while enslaving the developer to always release derivative works.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    47. Re:You know what ? by Tassach · · Score: 1
      "Code" can't be free (libre, not gratis) because it is an inanimate artifact. Freedom is only applicable to living creatures. Can a spoon be free? No. Can an animal be free? Yes, at least to some extent. Can a person be free? Without question.

      While we talk about "Free software", it really isn't the software which is free -- it is people who are free to use, modify, and redistribute the software. PD and BSD grants people the right to redistribute the software and derivitive works under any terms they desire; GPL forces people to redistribute the software and derivitive works under it's terms only. Code can't be enslaved any more than a hammer can be enslaved.

      When you modify a piece of free code, you are adding value to it at your personal expense. BSD says that you are free to do whatever you want with the fruits of your labor, which includes keeping your value-added contributions propriatary. GPL confiscates your contributions and forces you to give them away if you want to share your work with others.

      Think of the corpus of free code as a magical pile of bricks -- it's magical because no matter how many bricks you take, the pile never gets any smaller. Those bricks have value and utility in their own right, without any changes or additions.

      Now, if you take bricks from the pile and combine them with bricks you made yourself to build a house, you've created something new which has more value than the sum of it's parts. If you took bricks from the public domain pile, the house belongs to you and you can lock people out of it (or charge admission) if you want to; if you used BSD bricks, it still belongs to you, but you have to put a sign out front saying "this house contains BSD bricks." However, if you took bricks from the GPL pile, you're not allowed to lock the doors and you must add any new bricks you created from scratch to the pile.

      BSD gives you the liberty to decide whether or not you want to add your bricks to the pile; GPL forces you to contribute your bricks to the communal pile, whether you want to or not.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    48. Re:You know what ? by ArsonSmith · · Score: 1

      Ok, the brick analogy is at best overly contrived. Let me see if I can help it out a little because it doesn't quite fit.

      If you take bricks from the public domain pile you can create new bricks based on the old ones and build a house and tell everyone you built the bricks. It is then up to you how other people get the new bricks witch were original free but you added something small to it. (no restrictions on locking doors or windows or allowing access)

      if you take from the BSD pile it is the same as the public domain pile except you can tell everyone you built them you have to say you got them from the BSD pile and made some modifications, but you don't have to explain your modifications.

      If you take bricks from the GPL pile you can create new bricks based on the old ones and build a house. It is then ok for people to take you bricks (remeber they are magical and never run out) and create their own house with them or create new better bricks if they wish. (again no restictions on locking doors or windows or allowing access, my Linux box doesn't restrict me from using passwords to protect my servers)

      But, like I said at first it isn't a good analogy.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    49. Re:You know what ? by ArsonSmith · · Score: 1

      Why can't software be free? I road can be free from obstruction. You can set an imagination free. You can free a path through a jungle. (examples taken from dictionary.com) Why again can't software be free? and why can't there be rules in place to keep that freedom?

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  5. FSF alone does not decide what GPL stands for by October_30th · · Score: 2, Insightful
    interpretation of the GPL license is not just the opinions of individuals in the FSF

    A most excellent point.

    --
    The owls are not what they seem
    1. Re:FSF alone does not decide what GPL stands for by LostCluster · · Score: 1

      Whenever there's a disupute over what a license means, that's what the courts are for.

    2. Re:FSF alone does not decide what GPL stands for by pe1rxq · · Score: 1

      Although you could say the same about the apache group... they don't decide it either...

      Right now we have the apache group saying: 'You shouldn't just accept anybodies interpetration, oh by the way here is ours, you should accept ours without doubt'

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    3. Re:FSF alone does not decide what GPL stands for by Anonymous Coward · · Score: 1, Insightful

      RTFA.

      The article said that you should read the two licences and decide for yourself. Someone has already provided a POV that A2.0 was incompatible and Apache has provided a contrasting view.

      So RTFA and look at both licences so you can decide for yourself.

    4. Re:FSF alone does not decide what GPL stands for by October_30th · · Score: 1
      oh by the way here is ours, you should accept ours without doubt

      No, they're not saying that.

      They're just questioning FSF's sole position to decide what GPL means. About time, I say.

      --
      The owls are not what they seem
    5. Re:FSF alone does not decide what GPL stands for by Anonymous Coward · · Score: 0

      5: Insightful?! He took a quote and said "Good point". Please mod this down.

      I agree totally. You make an excellent point, and your contribution to this conversation is invaluable.

    6. Re:FSF alone does not decide what GPL stands for by Anonymous Coward · · Score: 0

      Me too.

  6. ASL compatible hmm... by bad+enema · · Score: 4, Funny

    So now Linux users can baske themselves in the glow of online dating too?

    That's what I call progress!

    1. Re:ASL compatible hmm... by Anonymous Coward · · Score: 0

      14 f malaysia ^__^
      u have pic ????

    2. Re:ASL compatible hmm... by DarkHelmet · · Score: 1

      How ironic considering my current open source project.

      --
      /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
  7. 1.0 and 1.1 Incompatible As Well... by bc90021 · · Score: 4, Interesting

    The Apache License, Version 1.0.
    This is a simple, permissive non-copyleft free software license with practical problems like those of the original BSD license, including incompatibility with the GNU GPL.

    The Apache License, Version 1.1.
    This is a permissive non-copyleft free software license with a few requirements that render it incompatible with the GNU GPL.

    We urge you not to use the Apache licenses for software you write. However, there is no reason to avoid running programs that have been released under this license, such as Apache.


    It also says that versions 1.0 and 1.1 of the ASF License are incompatible... why are we only hearing about this with version 2.0?
    1. Re:1.0 and 1.1 Incompatible As Well... by Mark+Imbriaco · · Score: 4, Informative

      We're hearing more about it because one of the primary goals for version 2.0 of the ASL was GPL compatability. The previous versions were known to be incompatabile from the beginning.

    2. Re:1.0 and 1.1 Incompatible As Well... by ImpTech · · Score: 1

      Probably because with the XFree86 debacle, licensing is now suddenly a hot topic. But a GPL-incompatible Apache isn't nearly as big a deal as a GPL-incompatible XFree86. Unless of course there's some very-important GPL'ed Apache module that I can't think of right now...

    3. Re:1.0 and 1.1 Incompatible As Well... by __past__ · · Score: 1
      The web server is not everything Apache does. They also provide many very popular Java libraries, for example. Log4J is more or less a quasi-standard, even after Sun included a competing API in the core library. The Xerces and Xalan XML tools are extremely popular. These libraries cannot be used together with other licenses under the GPL, if the licenses really were incompatible.

      Go to apache.org some time, the web server is by far not the only important project of theirs any more. They are probably the second biggest free software metaproject, after GNU.

  8. It doesn't matter for the most part by Anonymous Coward · · Score: 2, Insightful

    In the hypothetical situation in which the APL is determined to be incompatible with the GPL, you could still link (L)GPL apps to Apache project code, because the Apache code would effectively be distributed under two licenses--the APL, and a slightly modified APL to make it GPL-compatible. They say as much by admitting that you can use Apache project code in GPL'd projects.

    1. Re:It doesn't matter for the most part by SFEley · · Score: 2, Insightful

      Incorrect. RTFA. The very last paragraph says, in effect, "Oh, by the way, Apache doesn't dual-license its software and never will, because we'd rather the words we say mean something."

      --
      ESCAPE POD - The Science Fiction Podcast Magazine
    2. Re:It doesn't matter for the most part by Grotus · · Score: 1

      You might want to read the paragraph above that one. And maybe also read the part where he explains about section 4 of the ASL.

      The summary, the Apache Software Foundation won't ever dual-license its software, but that doesn't mean that third parties can't dual license a derivative of the ASF software.

      The original ASF software can only be distributed under the ASL. Derivatives based on that software can be distributed under whatever license the deriver wants (including the GPL, hence the claim of GPL compatability).

      --
      "From my cold, dead hands you damn, dirty apes!" - CH
  9. Stinging... by robslimo · · Score: 5, Informative

    Wow, that (the actual linked article) is a very stinging reply to the comment on FSF's site. It hits home (lambasting people on Slashdot for bitching before getting their facts straight) and was way overdue.

    According to the article, the comment that caused such a ruckus has not been attributed to any official at FSF and not been communicated to Apache by the FSF.

    1. Re:Stinging... by benja · · Score: 1
      While the specific comment on the Web site hasn't been attributed to anybody specific at the FSF, I asked whether Apache's 2.0 license is compatible on licensing@fsf.org and got two replies, one from RMS--
      The ASF 2.0 is not GPL-compatible.
      --saying basically the same thing.
  10. Quandry by irokitt · · Score: 1, Insightful

    I suppose it is dangerous to assume that the FSF has the final word on the GPL. But until the dust settles on this, I don't think anyone should link the new Apache code. I'm waiting to see if this turns ugly. I hope it doesn't, because it doesn't need to. The last thing the GPL needs is to have it's primary defender fighting it's most well-known user.

    --
    If my answers frighten you, stop asking scary questions.
    1. Re:Quandry by Wudbaer · · Score: 1


      The last thing the GPL needs is to have it's primary defender fighting it's most well-known user.


      Just that Apache does not use the GPL but their own licenses.

  11. Why not add a compatibility clause by G4from128k · · Score: 4, Insightful

    IANAL, but why can't the Apache people add a clause to their license that explicitly proclaims compatibility with some rev of GPL? If the compatiblity clause supercedes other clauses in Apache's license, then there really is no legal grounds for anyone later proclaiming that they are incompatible.

    I never trust people that say "trust me, the contract can be interpreted in the way that you want it to." If someone wants a legal document to have a particular property, then the document should explicitly state that it has that property. But again, IANAL.

    --
    Two wrongs don't make a right, but three lefts do.
    1. Re:Why not add a compatibility clause by peragrin · · Score: 1

      Well that is SCO's whole case, they are interpreting their contracts, whatever way they feel is most helpful to them at this point in time(changes on a regular basis) They want certian contract made non-exstiant while enhancing others with super human powers, like the ability to make huge leaps of illogic in a single bound.

      --
      i thought once I was found, but it was only a dream.
    2. Re:Why not add a compatibility clause by Anonymous Coward · · Score: 0

      Obviously Apache and the FSF have different legal interpretations. So the clause would have to read something to the effect of "This is compatible with the GPL because the FSF is wrong." Which would not cause the FSF to change their position.

      Not that "GPL compatible" is a legal term anyway.

    3. Re:Why not add a compatibility clause by SFEley · · Score: 1
      IANAL, but why can't the Apache people add a clause to their license that explicitly proclaims compatibility with some rev of GPL?

      Why should they? It's not Apache's business to bend contortions around another specific license. It'd be like Toyota dealers explicitly inserting a clause in all terms of sale that you're also allowed, if you wish, to own a 2001 Chevy Caprice.

      --
      ESCAPE POD - The Science Fiction Podcast Magazine
    4. Re:Why not add a compatibility clause by Znork · · Score: 3, Informative

      Because what the Apache license says isnt what is at issue. The Apache license could claim GPL compatiblity until it turns blue, but as long as the GPL isnt compatible with it you cant distribute GPL code together with, and linked to it.

      Say John writes some Apache licensed code, and Jim writes some GPL covered code. Then Joe comes along, takes Jim's code, writes an Apache module that includes Jim's code (after all, the Apache license says it's ok). Joe's module becomes popular and gets included in the big distributions.

      At that point, however, Jim gets an offer he cant refuse from our darling Darl, and promptly sues every Linux distributor he can think of for copyright infringement since he doesnt consider the GPL terms on distributing his code fulfilled.

      So, are you feeling lucky today?

    5. Re:Why not add a compatibility clause by Anonymous Coward · · Score: 0

      Oh common'!

      Say John writes some Apache licensed code, and Jim writes some GPL covered code. Then Joe comes along, takes Jim's code, writes an Apache module that includes Jim's code (after all, the Apache license says it's ok). Joe's module becomes popular and gets included in the big distributions.

      And? What license is this apache modul released under? Think hard...

      It's the GPL. Wow. Who would have thought that? GPL compatible doesn't mean you can rip GPL code and redistribute it under another license.

      At that point, however, Jim gets an offer he cant refuse from our darling Darl, and promptly sues every Linux distributor he can think of for copyright infringement since he doesnt consider the GPL terms on distributing his code fulfilled.

      OK, so Jim sues everyone for distributing GPLed code under the GPL?

    6. Re:Why not add a compatibility clause by SeinJunkie · · Score: 2, Funny

      Say John writes some Apache licensed code, and Jim writes some GPL covered code. Then Joe comes along, takes Jim's code, writes an Apache module that includes Jim's code (after all, the Apache license says it's ok). Joe's module becomes popular and gets included in the big distributions.


      Wait... what happened to John?
    7. Re:Why not add a compatibility clause by Crispy+Critters · · Score: 1
      "Because what the Apache license says isnt what is at issue. The Apache license could claim GPL compatiblity until it turns blue, but as long as the GPL isnt compatible with it you cant distribute GPL code together with, and linked to it.

      I think the point the parent was making is that the license should explicitly say that it is compatible. He meant add a clause to the Apache license that says something like this: "Notwithstanding any other provision in this license, the SOFTWARE or any derivative work may be modified and distributed under the GNU General Public License (version x.y.z)."

      This would make it compatible.

    8. Re:Why not add a compatibility clause by Znork · · Score: 1

      "OK, so Jim sues everyone for distributing GPLed code under the GPL?"

      Together with, and linked to, non-GPL compatible code. Which you're not allowed to under the GPL. Which means they wouldnt be be distributing the GPL code according to the terms the GPL.

    9. Re:Why not add a compatibility clause by youritadvisor.com · · Score: 1

      but i think you have this wrong jim agreed to include code in linux by gpl it in the first place joe included it into apache as a module the worst jim could do is sue joe for including it into apache module claiming that he must gpl all the code of the module and apache if the module did create a chinese wall. Of course the licience protects every intelligent coder (and the organization) who uses gpl code in the right way (chinese wall around the module). basically john would be force to re write his module to issolate the code, and gpl or remove the offending code apache good developers would be protected

    10. Re:Why not add a compatibility clause by j7953 · · Score: 3, Interesting
      Say John writes some Apache licensed code, and Jim writes some GPL covered code. Then Joe comes along, takes Jim's [GPLed] code, writes an Apache module that includes Jim's code (after all, the Apache license says it's ok). Joe's module becomes popular and gets included in the big distributions.

      Then, to comply with the GPL, they must license the Apache package as a whole under the GPL. You're correct, the Apache folks claim that the Apache License allows that.

      At that point, however, Jim gets an offer he cant refuse from our darling Darl, and promptly sues every Linux distributor he can think of for copyright infringement since he doesnt consider the GPL terms on distributing his code fulfilled.

      Umm, no. See above. To fulfill the conditions of the GPL, the distribution as a whole has to be under the GPL, so there's nothing Jim could complain about. The only one who could potentially sue here is John (who wrote the Apache-licensed code), if he doesn't consider the terms of the Apache License for his code fulfilled by the distribution under the GPL.

      So there is a risk only if the GPL does not fulfill all of the Apache License's requirements. This is what is meant by the term "GPL compatibility": that a license contains only requirements that are also fulfilled by the GPL, so it is possible to distribute that code under the GPL.

      The ASF says that this is the case, so if their reading of the licenses is correct, there is no risk.

      But I'm not sure the ASF's statement is correct. The Apache License 2.0 contains a patent termination clause that might also affect the use of the program. The GPL clause, on the other hand, only talks about distribution. I am not a lawyer, so I don't think I'm qualified to judge whether or not the license is GPL compatible. But I won't be convinced by the ASF's statement before I have heard some reply from someone at the FSF who is qualified and thinks different.

      --
      Sig (appended to the end of comments I post, 54 chars)
    11. Re:Why not add a compatibility clause by Anonymous Coward · · Score: 0

      But...

      isn't the patent termination clause all about who gets sued?

      If you create a derivative work that infringes someone's patient and license it under the GPL then you are the one who'll lose the right to use the patent termination clause. The Apache Software Foundation retains the right to use the termination clause in self defense because it only distributes code licensed under the ASF 2.0 License.

    12. Re:Why not add a compatibility clause by Znork · · Score: 1

      "So there is a risk only if the GPL does not fulfill all of the Apache License's requirements. This is what is meant by the term "GPL compatibility": that a license contains only requirements that are also fulfilled by the GPL, so it is possible to distribute that code under the GPL."

      "The Apache License 2.0 contains a patent termination clause that might also affect the use of the program."

      You're right, of course, it works both ways. But wether or not it's possible to fulfill the terms of the GPL depends on the iffiness of the patent termination clause. Either the Apache licensers have to say (and write) straight out that the Apache code can be distributed under the terms of the GPL, no ifs or buts about it (and no patent termination clause), as an alternative to the apache license, or the problem will arise the first time someone gets annoyed by joined distribution of GPL and Apache licensed code.

      The GPL gets close to the Apache license in its own restrictions on distributing patented code, but I'm not sure it would be a 100% overlap (the Apache license may terminate rights in some circumstance the GPL would not), and any restriction beyond the GPL renders the joined distribution dubious.

      It's so very very close to compatibility, but it's so very very close on the wrong side that I wouldnt bet on it.

  12. vice-versa by rmohr02 · · Score: 3, Insightful

    Is the GPL APL-compatible? Is the GPL compatible with /any/ other license? No. However, the FSF makes a big deal whenever they think that an open source license isn't GPL-compatible.

    1. Re:vice-versa by albalbo · · Score: 3, Insightful

      Um, by definition, any licence that is compatible with the GPL is an equal partner in the composition, so therefore the GPL must be compatible with that licence.

      Not that the facts might get in the way of your argument, of course.

      --
      "Elmo knows where you live!" - The Simpsons
    2. Re:vice-versa by horster · · Score: 1

      I think what the original poster meant was that you can't include GPL code in say, a bsd project. But you can do vice versa, because the bsd/mit licenses tend to be much more 'free'/liberal than the GPL. It was a good point imho.

    3. Re:vice-versa by rmohr02 · · Score: 1

      By "GPL-compatible", I mean a license from which I can take covered code and add it to a GPL'd product. By "APL-compatible", I mean a license from which I can take covered code and add it to a GPL'd product.

      Can I take code released under the APL and put it in a GPL'd product? That's under debate. However, I can take code from several other open source licenses and put them in a GPL'd product.

      Can I take code released under the GPL and re-release it using /any/ other license, including the APL? No. The owners of the code can grant you the right to release it under another license, but then they have not solely used the GPL to distribute their code.

      Not that the facts might get in the way of your argument, of course.

    4. Re:vice-versa by albalbo · · Score: 2, Informative

      Of course, you can include GPL code in a BSD project. The licences are compatible. What you may not do is re-licence that GPL code as BSD. But - and this is what most people fail to understand - when you include BSD code into a GPL project, that BSD code isn't relicensed as GPL code.

      The situation is exactly the same - if you have compatible licences, you can use that software together. I don't see the point there at all, I'm afraid.

      --
      "Elmo knows where you live!" - The Simpsons
    5. Re:vice-versa by Per+Abrahamsen · · Score: 1

      You can combine GPL and BSDL (new version) code and distribute the results.

      > But you can do vice versa, because the bsd/mit
      > licenses tend to be much more 'free'/liberal than
      > the GPL.

      Basically, you can add restrictions to derivative versions of BSDL and APL code, but not to derivatives of GPL code. Whether the ability to add restrictions make something more or less free is a matter of definition.

    6. Re:vice-versa by rmohr02 · · Score: 1

      The BSD license is less restrictive than the GPL, so you are free to relicense BSD code under the GPL. It is still available under a less restrictive license elsewhere, but you are not required to keep it available under that license.

    7. Re:vice-versa by albalbo · · Score: 1
      Can I take code released under the GPL and re-release it using /any/ other license, including the APL? No.

      Yeah, that's right.. name a licence which does allow that. Oh, you can't? Never mind.

      --
      "Elmo knows where you live!" - The Simpsons
    8. Re:vice-versa by albalbo · · Score: 1

      Where on earth did you hear this? Of course you cannot relicence the code, you're not the copyright holder. Only the copyright holder can relicence code. Yes, BSD has fewer requirements than the GPL, NO, that absolutely does not mean you can change it to another licence if you don't like the terms of it.

      So... is there any copyright theft you want to own up to now?

      --
      "Elmo knows where you live!" - The Simpsons
    9. Re:vice-versa by Anonymous Coward · · Score: 0

      You are correct that fairly few licenses are in fact GPL-compatible, and that most of those licenses are far more permissive than the GPL. It's mostly by popularity that the GPL has the power to "demand" compatibility with other licenses, which is sad, but if you believe in the aims of the GPL, it's also necessary.

      Personally, I prefer to release software under a license that makes it the most useful to the greatest number of free software projects - i.e. a liberal, advertising-free BSD or X11/MIT compatible license, which allows my code to be used in all free software projects, including but not limited to ones released under the GPL. I do this mostly based on my belief that proprietary forks don't compete with free alternatives -- as demonstrated by the lack of proprietary competitors crushing XFree86, *BSD, Apache etc.

      Frankly, I don't care about proprietary software including my code if it doesn't compete with a free alternative.

    10. Re:vice-versa by rmohr02 · · Score: 1

      You're putting words in my mouth. I can name a license which does allow that--the BSD license.

      The BSD license says you must give credit to the original author, you must keep the disclaimer, and you must not use the original author's name to endorse the product (there are other minor things, like if you make a binary release you still have to have the above visible to users in some way). All of these are also conditions of the GPL, and the BSD license makes no restriction as to adding clauses. So I can re-release BSD code, comply with the terms of the BSD, and add other clauses, to form the GPL.

    11. Re:vice-versa by LetterJ · · Score: 1

      If what you're saying was true, you couldn't take BSD licensed code and make it proprietary, which you most definitely can. After all, proprietary is MUCH more restrictive than BSD, but IBM and Apple both use BSD code under a more restrictive license. As long as the license permits the addition of restrictions, you can do so. It's just that GPL *doesn't* allow additional restrictions as part of its very nature.

    12. Re:vice-versa by albalbo · · Score: 1

      Nope, you've still not named one. You said:

      Can I take code released under the GPL and re-release it using /any/ other license, including the APL? No.

      And you're saying you can do this with the BSD licence because you can "re-release BSD code, comply with the terms of the BSD"? Releasing code under the terms of it's licence is not the same as releasing it under the terms of a different licence. The latter is what you cannot do.

      If you want to prove your point, show me an example of how you can release BSD code under a licence that does not comply with the requirements of the BSD licence. I think you'll find you can't.

      --
      "Elmo knows where you live!" - The Simpsons
    13. Re:vice-versa by Anonymous Coward · · Score: 0

      No, the BSD code is *not* relicensed as GPL code.

      Any BSD code in a GPL project stays under the BSD license. It's just since the license adds no restrictions not already in the GPL, they can co-exist without a conflict. Although there's not really any point to doing it, someone could take the original BSD code out of a GPL licensed project and use it in another BSD project. They just can't take any of the original GPL or modified code.

      Any two licenses can co-exist as long as there's no conflict between their terms. It's not impossible for some other new license to incorporate GPL code if that license doesn't violate any of the terms of the GPL.

    14. Re:vice-versa by albalbo · · Score: 1

      BSD allows you to redistribute the software in binary form only. I don't really see what your point is - both IBM and Apple are complying with the licence when they release; it would be breach of copyright otherwise.



      Look at it the other way: what is it that would give a BSD distributor the ability to break the licence on a piece of software they didn't write?

      --
      "Elmo knows where you live!" - The Simpsons
    15. Re:vice-versa by Paul+Crowley · · Score: 1

      No

    16. Re:vice-versa by rmohr02 · · Score: 1
      It's not impossible for some other new license to incorporate GPL code if that license doesn't violate any of the terms of the GPL.
      The GPL /requires/ you to release any modifications under the GPL, so it is impossible to release GPL'd code under another license.
    17. Re:vice-versa by rmohr02 · · Score: 1
      If you want to prove your point, show me an example of how you can release BSD code under a licence that does not comply with the requirements of the BSD licence. I think you'll find you can't.
      Right. I can't find a way to release BSD code under a license that doesn't comply with the BSD license requirements. However, I can certainly release it under a license that does comply with the BSD license requirements, such as the GPL.
    18. Re:vice-versa by tverbeek · · Score: 2, Informative
      Is the GPL compatible with /any/ other license? No.

      Um, not that theirs is the final word or anything, but the FSF considers the following licences compatible with the GPL:

      • LGPL (duh)
      • Guile's
      • GNU ADA compiler runtimes'
      • X11 (not to be confused with the XFree 4.4 licence)
      • Expat (aka "MIT")
      • Standard ML of New Jersey
      • public domain
      • Cryptix General
      • current BSD
      • Zlib
      • iMatix Standard Function Library
      • W3C
      • Sleepycat/Berkeley DB
      • current OpenLDAP
      • current (and early) Python
      • Perl (when not Artistic 1.0)
      • Artistic 2.0
      • Zope 2.0
      • Intel Open Source
      • Netscape Javascript
      • eCos 2.0
      • Eiffel 2.0
      • current Vim
      --
      http://alternatives.rzero.com/
    19. Re:vice-versa by rmohr02 · · Score: 1

      Yes, many license are GPL-compatible, but the GPL is not *-compatible. For instance, the GPL isn't BSD-compatible.

    20. Re:vice-versa by albalbo · · Score: 1

      I'm sorry, but you're not right here either. The GPL can not effect what licence choice you make for your own creations. The only thing it can specify is that if you are deriving from a piece of GPL software, you must use a copyright-compatible licence. Such as BSD...

      --
      "Elmo knows where you live!" - The Simpsons
    21. Re:vice-versa by Brandybuck · · Score: 1

      Horsehockey!

      The BSD license is compatible with the GPL. This means that I can take BSD licensed code and insert it into GPL code, and distribute the whole under the GPL.

      But the GPL is not compatible with the BSD license. This means that I CANNOT take GPL code and insert it into BSD licensed code, and distribute the whole under the BSD license.

      GPL compatibility is a one way street.

      --
      Don't blame me, I didn't vote for either of them!
    22. Re:vice-versa by jrumney · · Score: 1
      If what you're saying was true, you couldn't take BSD licensed code and make it proprietary...

      Of course you can, the BSD license explicitly allows that. You don't have to relicense it to include it in your proprietary software.

    23. Re:vice-versa by Anonymous Coward · · Score: 0

      when you include BSD code into a GPL project, that BSD code isn't relicensed as GPL code.

      Sure it is, it just doesn't lose its BSD license.

      If you take BSD licensed code, splice some GPL'ed stuff into it, and release it, the whole must be under the GPL. This includes the originally BSD licensed portions.

      Now you could rip out some of the BSD licensed code from the result and use it under its original license, but no one marks up code that well.

      IANAL, and I'll give in if you are, but it doesn't sound like it.

      So anyway, I would say that the GNU GPL is not compatible with the BSD license. Otherwise BSD projects would be importing GPL'ed code right and left. So "compatible" in my world is not commutitive.

    24. Re:vice-versa by Anonymous Coward · · Score: 0

      If that were true, I could take Linux (or any GPLed code) include it in a BSD program and then create a proprietery derivative. I think it is plain to see that the GPL would be absolutely useless if this were possible.

      NR

    25. Re:vice-versa by circusnews · · Score: 3, Interesting

      No, code that is released under these licences may be included in GPL projects:

      GPL (duh)
      LGPL (duh)
      Guile's
      GNU ADA compiler runtimes'
      X11 (not to be confused with the XFree 4.4 licence)
      Expat (aka "MIT")
      Standard ML of New Jersey
      public domain
      Cryptix General
      current BSD
      Zlib
      iMatix Standard Function Library
      W3C
      Sleepycat/Berkeley DB
      current OpenLDAP
      current (and early) Python
      Perl (when not Artistic 1.0)
      Artistic 2.0
      Zope 2.0
      Intel Open Source
      Netscape Javascript
      eCos 2.0
      Eiffel 2.0
      current Vim

      Code released under the GPL may be included in projects with thse liceances:

      GPL

    26. Re:vice-versa by Anonymous Coward · · Score: 0

      Is the GPL APL-compatible?

      The GPL is a well-established license, this new Apache license is not. Consider this: I start a new company, and tell everybody I'm developing a CPU for personal computers. People ask "Is it x86-compatible?", and I respond in a snide tone "is x86 compatible with my chip?

      Is the GPL compatible with /any/ other license? No.

      You clearly know nothing about the GPL. It is compatible with a lot of licenses.

      However, the FSF makes a big deal whenever they think that an open source license isn't GPL-compatible.

      That's because there is a lot of GPL-licensed software out there, and it would be useful to combine it with other projects, but a small oversight by somebody drawing up a new license might prevent that.

      But that's not what this instance is about. The Apache project were aiming for GPL compatibility, and the FSF merely pointed out a problem in the license that prevented that from happening. They even hinted that they would change the GPL.

      If you have an axe to grind with the GPL, fair enough, but please stick to the facts.

    27. Re:vice-versa by Anonymous Coward · · Score: 0

      I would say that the GNU GPL is not compatible with the BSD license.

      When people say that two licenses are compatible, what they mean is that you can incorporate works under both licenses into a single derivative legally.

      It doesn't mean that you can take software under one license and release it under another (only the copyright holder can do that).

    28. Re:vice-versa by j7953 · · Score: 1
      No. However, the FSF makes a big deal whenever they think that an open source license isn't GPL-compatible.

      They don't "make a big deal." Slashdot makes a big deal.

      The FSF advocates that people use the GPL (that's kind of what you would expect them to do, given that they wrote that license). And since they suggest to use the GPL, they also try to help people who use that license by telling them which code they believe can be legally used in a GPLed project, i.e. which licenses are "GPL-compatible."

      This is just trying to help people to not get into legal problems. I really don't see how this is a reason for flaming the FSF.

      --
      Sig (appended to the end of comments I post, 54 chars)
    29. Re:vice-versa by rmohr02 · · Score: 1
      The only thing it can specify is that if you are deriving from a piece of GPL software, you must use a copyright-compatible licence. Such as BSD...
      Have you fucking read the GPL?
    30. Re:vice-versa by rmohr02 · · Score: 1
      This is just trying to help people to not get into legal problems. I really don't see how this is a reason for flaming the FSF.
      I'm not--I merely want to point out a fact. Too often people on slashdot think of the FSF as this perfect organization, but it's not. It looks out for its own interests. There's nothing wrong with that, but I'm merely pointing it out anyway.
  13. Authors real opinion by sirket · · Score: 5, Insightful

    You just know that the author of the Apache rebuttal page wanted to end his analysis with: "So get bent."

    Apache is a pretty good piece of software and if folks don't like the new license, well that's just tough. They have a right to license their code however they choose to. The people who write to them and tell them otherwise really do need to drop off the planet.

    -sirket

    1. Re:Authors real opinion by Anonymous Coward · · Score: 0

      It's called the marketplace of ideas. If you have trouble dealing with it, go live in a fascist country.

    2. Re:Authors real opinion by Anonymous Coward · · Score: 0

      They have a right to license their code however they choose to. The people who write to them and tell them otherwise really do need to drop off the planet.

      Extreme views like that don't help anyone.

      Apache do have a right to license their code however they want to, but everyone who doesn't like that has, and must be granted, a right to express that opinion. However, they do have a responsibility to express that opinion in a constructive way. I think it's important not to forget that.

      So far the actual statements from the FSF and Apache have been sensible and reasonable, so with any luck this will be resolved happily in some way. But in the meantime let's try not to fan the flames.

    3. Re:Authors real opinion by Anonymous Coward · · Score: 0

      Right...I'm a troll because he doesn't know what a fascist is...

    4. Re:Authors real opinion by sirket · · Score: 1

      So far the actual statements from the FSF and Apache have been sensible and reasonable

      The problem is not the FSF or Apache. The problem is the crackpots who write nasty emails without any knowledge of the subject matter. It happens all the time in the OSS community. We have 100 evangelists for every coder and you know as well as I do that they have a tendency to get vicious and/or nasty.

      -sirket

  14. License "foo" is crap! by sirReal.83. · · Score: 5, Insightful

    ... Is an ignorant statement. Some authors decide to release their code under a certain license, and people bitch. If ASL doesn't play nice with the GPL, that is unfortunate... and we might have to look at something else. Then again, Apache 1.x is working great as far as I can tell. But these license zealots whining about how the "BSD/ASL/XFree/GPL sucks" are really just ignorant. If I write some code, and don't want it to be sucked up by a profit-making corporation without my consent, and without recieving any credit, that's my own fucking business! By the same token, if I want my code to be able to be used by whomever wants it, again, that's my own fucking business!

    1. Re:License "foo" is crap! by Anonymous Coward · · Score: 0

      If you don't want people commenting on what you do, don't make it public. You're like a writer who whines about bad reviews.

      whining: people complaining about something you personally don't care about.

    2. Re:License "foo" is crap! by Anonymous Coward · · Score: 0

      i don't do any apache, kernel or xfree coding. in fact, the only GPL code i've released is for Windows. so, your analogy is fatally flawed. i do, however, use software under every single license i just mentioned, and i love it all. as for your "nobody cares" statement... this entire discussion is one of licenses. if you don't care about licenses, what the hell are you doing in here? basically, STFU.

    3. Re:License "foo" is crap! by jdreed1024 · · Score: 2, Interesting
      So, something is clearly wrong with the state of the world. Take a second, and go read the FSF License List page. Look at how many licenses there are there. Look at how many libraries/packages/applications have their own specific license.

      For the incompatible licenses, you see some big names there. OpenSSL, BSD, Apache, xinetd, Mozilla, LaTeX, Sun, PHP, and Apple. I know some pretty hardcore FSF zealots, and they use OpenSSL, Apache, and Mozilla, just to name a few. Clearly these products and their group/company backings are not so evil as to prevent their use. Some of the people I know even contribute to these projects, so clearly the license is not so evil as to tarnish their code. The incompatible licenses aer still "free software" according to that page. So what's the problem?

      But that's a rhetorical question, so I'll address another glaring problem with the page. Look at all the compatible licenses. Again, a lot of big names: VIm, Perl, Python, Berkley DB, zlib, W3C, X11, and of course BSD. Why do all these licenses need to exist if they're compatible with the GPL? Again, I don't expect an answer.

      But the fact that there exist a large number of compatible and incompatible licenses indicates that the state of the licensing world is broken. And there's an opportunity for the FSF to take a leadership role here. Call a license summit. For the compatible licenses, get some folks from each project together, and say "what is it that you find objectionable about the GPL, and how can we fix it? Can we create another license that is not the GPL, but is acceptable to all of you? Ditto for the incompatible ones. Many of those are from big companies that have an interest in Free Software and Open Source (IBM, Apple, Sun, Netscape). They probably each have their own license because their lawyers wanted to cover their asses. Get all the lawyers together, and say "Look, it's stupid to have all these licenses. Can we come up with a license that allows your software to be free, but won't scare your CEOs and shareholders?". That, of course, may be harder, since lawyers cost money. But the FSF should at least be able to get the attention of influential people within each company.

      Unless the state of licensing is fixed soon, software will be strangled by it. Being more restrictive (c.f. debian-free, debian-nonfree, debian-illegal (tongue in cheek, get over it)) and claiming that everyone should use the GPL or LGPL is the wrong answer. If this is handled correctly, we'd ideally end up with something like 4 licenses: GPL, LGPL, "Open Source", "Free Software" (those last two would be licenses that cover GPL-compatible and GPL-incompatible licenses , respcetively). But as long as I'm dreaming, I'd like a pony.

      --
      There is no sig, there is only Zuul.
    4. Re:License "foo" is crap! by __past__ · · Score: 1

      The annoying thing if the licenses were incompatible would be that one of the major reasons to develop the ASL2 was to make them compatible. This isn't really a case of the right to choose your license IMHO - the Apache guys actually want to allow users to redistribute derived works under the GPL. If the ASL2 would be GPL-incompatible (and only a court could tell), there basically would be no winner, nobody wants this.

    5. Re:License "foo" is crap! by kirkjobsluder · · Score: 1

      Given that the FSF has a pretty explicit political agenda for promoting copyleft, I don't think that the FSF is in a position to make this kind of compromise. Creative Commons strikes me as a better organizer in general.

      But I guess I don't see the problem with multiple licenses. The reason for multiple GPL-compatible licenses is that there are a host of issues that have to be addressed in a license these days including: permission to use, permission to copy, permission to create derivative works, liability, endorsement clauses, credit, notification of license, documentation of license, and copyleft. The end result is that I don't think it is possible to create a license that satifies everybody's needs.

    6. Re:License "foo" is crap! by pete-classic · · Score: 1
      You are confused about what "GPL compatible" means. It does not mean that the FSF likes the license, or thinks it is a good idea. GPL incompatibility does not mean that RMS himself doesn't happily use the program.

      If a license is GPL compatible it means that code can be SHARED between codebases without violating the terms of the two licenses in question.

      It is also important to note that under the FSF's interpretation of the GPL "sharing code" includes linking (including run-time linking).

      The incompatible licenses aer still "free software" according to that page. So what's the problem?


      You said this is a rhetorical question, but it is a valid question. It has the same answer as the next one.

      Why do all these licenses need to exist if they're compatible with the GPL?


      Simple, because they have different terms and the owners of the copyrights of those projects are not satisfied with the terms of the GPL.

      -Peter
    7. Re:License "foo" is crap! by Crispy+Critters · · Score: 1
      "Why do all these licenses need to exist if they're compatible with the GPL? Again, I don't expect an answer."

      Too bad :-) "Compatible with the GPL" means that the license is less restrictive than the GPL and contains no incompatible provisions, so that derivative works can be licensed under the GPL. Many people want to release their code under a BSD license to allow different types of usage, one of which is inclusion in GPLed programs.

      Some of the incompatible ones are really weird. Look at xinetd. Because of the wacko license, the current maintainer needed to get explicit permission from the original author to increment the version number! It also has "The author of the modifications... will be responsible for any wrong behavior of the modified software." I am sure the original author meant to say, "If someone else mucks with the code, don't come crying to me when it breaks." But this sounds a lot like saying authors of modifications will be financially and legally liable for any bugs in their code. This is not something we want even a hint of ambiguity about.

      "If this is handled correctly, we'd ideally end up with something like 4 licenses"

      Very good idea. If there are a few well-written licenses designed explicitly to cover the spectrum of what people want, then there will be much less of a tendency for people to roll their own.

    8. Re:License "foo" is crap! by Tony-A · · Score: 1

      But the fact that there exist a large number of compatible and incompatible licenses indicates that the state of the licensing world is broken. And there's an opportunity for the FSF to take a leadership role here. [Emphasis added]

      No more broken than anytime you have two or more organizations whose aims have anything in common.

      The critical distinctions are not the terms themselves, but who gets to set those terms. You will never get a "one size fits all" license.

      The major players in each of the major projects will attempt, to the best of their ability, to prevent someone else from doing to themselves and to their project like SCO is trying to do to UNIX.

      Apache is available for free, but everything I've seen indicates that the driving forces behind Apache are not particularly to make the best free software but to serve the interests of several of the major players for whom the development, debugging and deployment of what they need would otherwise be prohibitively expensive. Apache is free, but nothing about it is cheap.

    9. Re:License "foo" is crap! by Anonymous Coward · · Score: 0

      Why do all these licenses need to exist if they're compatible with the GPL?

      Because "compatible" doesn't mean "the same as". It means that you can incorporate works under both licenses into a single derivative of both.

  15. Advantages of ASL 2.0 by jaaron · · Score: 5, Informative

    One of the major advantages of the ASL 2.0 is that it is now easier for non-ASF projects to use the ASL. Previously you had to use an ASL-like license because unless you wanted to assign your copyright to the ASF you needed to adjust the wording of the license to include your name and your organization. The new license removes that information from the license itself and instead places it in a NOTICE file. This allows other open source projects to take advantage of the ASL and use it for their own organization.

    While the ASL 2.0 is longer than the ASL 1.1, it's worth a read. A lot of effort was made to make this an easy license to adopt and use. If you're currently using a MIT or BSD style license, you may want to consider the new ASL 2.0.

    --
    Who said Freedom was Fair?
    1. Re:Advantages of ASL 2.0 by Wudbaer · · Score: 1


      Previously you had to use an ASL-like license because unless you wanted to assign your copyright to the ASF you needed to adjust the wording of the license to include your name and your organization.


      I think it shouldn't be too much trouble for you to 1) read the license you are attaching to your software and 2) be able to adapt it to your needs. It's like complaining that the pre-printed rental contract you bought at the stationary shop already didn't have your name and address printed on it.

    2. Re:Advantages of ASL 2.0 by jaaron · · Score: 1

      However, if you're some relatively unknown open source developer, you'll have an easier time getting others to adopt your software if it's under a standard OSI compliant license and not a modified license which is what projects using ASL 1.1 like licenses had to do. Of course, you could have just used a different license from the beginning, but the point is, the ASF recognized this problem and solved it (among many other things) in the 2.0 license.

      --
      Who said Freedom was Fair?
  16. Point 2 by nuggz · · Score: 3, Insightful

    Looks like point 2 is repeated with two different phrasings.
    Perhaps the following summary is more clear.

    2- Rather then listen to opinions, see for yourself. If you look at the two licenses they really are compatible.

    1. Re:Point 2 by Xtifr · · Score: 1

      Except that's not true. The first point 2 (to look for yourself) is a good one; I did just that, and came to the opposite conclusion from the second point 2. The two licenses are NOT compatible.

      The flaw in the the Apache Foundation's rebuttal is when they say, "the GPL says that you cannot redistribute software that is covered by a patent wherein the patent is not licensed free for everyone". But that's not true. The GPL only says that the patent has to be licensed under the terms of the GPL! Thus, IBM could still sue, say, SCO, for using IBM's patented methods that are currently in Linux - but only if they use those methods in a non-GPL'd product, because IBM licensed the patents for any GPL use (otherwise Linus would have rejected the patented-encumbered code).

    2. Re:Point 2 by gstein · · Score: 1

      The GPL makes no reference to how you must license patents (go read it).

      The statement that you quoted is in reference to the GPL saying that if you can't meet the requirements of the GPL, then you can't redistribute. One of the requirements is ensuring that the next person has the same rights as you. Thus, if one person has patent rights, but the next doesn't, then you have a situation where people have unequal rights. Thus, you're not allowing to redistribute.

    3. Re:Point 2 by Xtifr · · Score: 1

      True but irrelevent. Patents cover methods, not specific code. If I have a patent, and I give permission for anyone to use the methods of that patent in any GPL'd code, then I have effectively licensed the patent under the GPL. And everyone has those (GPL) rights, so there's no unequal rights, so the GPL doesn't self-cancel, but I still have the right to sue someone who uses my patent in non-GPL'd code. Even in BSD or ASL 2.0 licensed code.

    4. Re:Point 2 by nuggz · · Score: 1

      The GPL is a copyright licence, not a patent licence.
      You can't licence a patent under the GPL, it just doesn't make sense.
      A patent license needs permission to use, not distribute, and there is no source code to distribute.

    5. Re:Point 2 by Xtifr · · Score: 1

      The GPL is a copyright licence, not a patent licence.

      Yes it is. Now, assume that I knew that in the first place, and read my post again. Note, in particular, the emphasis I placed on the word "effectively".

      Keywords for further research: linux, RCU.

  17. Because some people DO care. by khasim · · Score: 4, Insightful

    "_Your_ code will always remain free, what do you care if someone else adds to it?"

    Because some people DO care. If they want to share their code but only with people who will share their modifications (non-internal use only), that is their right.

    The different licenses support different developmental methodologies and agendas.

    S/He who writes the code chooses the license and if you don't like that, then write your own code.

    1. Re:Because some people DO care. by Lussarn · · Score: 1

      Some who really cares are the big boys. IBM would never license JFS under a BSD style license. It matters very much for IBM, but for me as an end user of JFS I don't care at all.

    2. Re:Because some people DO care. by Anonymous Coward · · Score: 0

      Because some people DO care. If they want to share their code but only with people who will share their modifications (non-internal use only), that is their right.

      Yes. And Microsoft should have the right to control how people can modify their XBox. And Honda should have the right to control how people can modify their '94 Civic CRX.

      If you want to share your code, share it. Don't put ridiculous, self-serving rules in the license that tell you what you can and can't do with the code.

      PUBLIC DOMAIN 4 LIFE!!! DOWN WITH GPL!!!!

    3. Re:Because some people DO care. by dismentor · · Score: 1

      Well, that's slightly different because in that case I bought the property in question; I own it and I should be allowed to do with it what I want...It would be a different question if I, say, leased the the XBox from Microsoft or rented the car from Honda. But how many people would rent/lease the item instead of buying a competitor's product?
      The same would be true if I bought your code and owned it (First Ownership); then, of course, I could do anything I want with it, because I own it. If however, I have only licensed/bought a copy, then I should only be able to do what I want with it privately...I have no right to publicly display or distribute the property.
      Some wiser person than me has said: 'Defend everything and you defend nothing' and 'The price of freedom is eternal vigilance'. I feel this applies to the GPL; it removes some freedoms in order to perpetuate others. Of course, you are under no obligation to use GPL'ed code; you can happily use something else, relicense or write your own.

  18. Shutup by codepunk · · Score: 2, Interesting

    I will release code under any damn license I please. Yes I do prefer to keep some sort of control "meaning some asshole cannot sell me back my own code" so I CHOOSE to release under the GPL instead of a BSD license.

    --


    Got Code?
    1. Re:Shutup by AntiOrganic · · Score: 3, Insightful

      "Some asshole" is perfectly capable of selling you your own code under the GPL, he just has to make the source available. What do you think commercial Linux distributions do?

    2. Re:Shutup by Anonymous Coward · · Score: 0

      I will release code under any damn license I please. Yes I do prefer to keep some sort of control "meaning some asshole cannot sell me back my own code" so I CHOOSE to release under the GPL instead of a BSD license.

      Basically, you're saying that you are too greedy to let the world use your code. You don't give a damn about the freedom the GPL provides.

      Sad.

    3. Re:Shutup by el-spectre · · Score: 1

      A whole lot of us don't buy into the whole moralistic claptrap around gnu. Is there a lot of good software? Yep. Is it verging on religious fervor and silliness? You're damned skippy.

      Thank you for reading at -1 !

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    4. Re:Shutup by jefe7777 · · Score: 1

      >>moralistic claptrap around gnu

      I had no idea GNU was about morals. I thought GNU/GPL was a simple and brilliant way to prevent being ruled by megacorps.

      You know...Taco Bells, Walmarts and Microsoft.

      All the little guys band together, cleverly use an overzealous copyright system (the ones that the megacorps paid for) to fight back.

      I think there is a balance to everything, and I have to say that there is clearly NO DANGER of having to much GPL, currently.

    5. Re:Shutup by themusicgod1 · · Score: 1

      the essence of 'fighting back' is a moral one. if it was not, you(fellow revolutionary) could be bought and paid for by large sums of microsoft cash. or mabye that's the point, and that your revolution is only a ploy to get you bought over.

      i at least hope that i'd never bow down to large sums of money like that

      --
      GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    6. Re:Shutup by Anonymous Coward · · Score: 0

      I'd bow down to sandra bullock in black tights...

    7. Re:Re:Shutup by themusicgod1 · · Score: 1

      sell out

      --
      GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  19. GNU over Power Lines... by Frennzy · · Score: 2, Funny

    Great. Now running GNU over Power Lines interferes with Apache. Just wait until the HAMS who run amateur radio websites hear about this.

    Oh...wait...

  20. Shoe on the other foot. by clintp · · Score: 3, Insightful

    Programmers get irritated with management, sales, supervisors, and especially users when they can't write a specification for us to write programs. We bitch because they're vague and contradictory. They change their minds, can't decide what they want, and try to please all the wrong people with all of the wrong features.

    As someone who empathises with users trying to get a workable program, these kinds of license wars crack me up. The next time you complain about the spec being inadaquate or changing: remember that programmers too are mostly incapable of expressing what they want in English and pleasing all of their masters.

    --
    Get off my lawn.
  21. An Open Source Constitution? by Sean80 · · Score: 1
    I wonder if there'd be any value in an "Open Source Constitution", which could serve as the bedrock against which issues such as this could be judged by the community.

    Or, does the GPL already serve essentially the same purpose?

    1. Re:An Open Source Constitution? by albalbo · · Score: 3, Insightful

      The Free Software Foundation has the "four freedoms" by which you can judge the freedom of something, the OSI have their (derived) "open source definition".

      The GPL is merely the embodiment of these values, but not the only one by any means.

      --
      "Elmo knows where you live!" - The Simpsons
  22. Looting the OSS infrastructure? by RLiegh · · Score: 1, Interesting

    Anyone have any ideas as to why it is that suddenly; projects that are integral to the OSS movement (X, apache) are being converted to signifigantly more conservative licenses?

    Are we re-playing the unix fragmentation of the late 80's?

    1. Re:Looting the OSS infrastructure? by Anonymous Coward · · Score: 0

      ASL2 isn't more conservative than ASL1.

      Well, except the patent termination clause, but that is probably a Good Thing.

    2. Re:Looting the OSS infrastructure? by Anonymous Coward · · Score: 4, Informative

      If you took the time to read Apache Licenses, you'd find that License version 2.0 is not significantly different than previous versions, except that it aimed to be more compatible with GPL.

      Not "more conservative" at all!

    3. Re:Looting the OSS infrastructure? by Mattsson · · Score: 1

      Hmm... If I haven't missunderstod this whole thing, this new license is supposed to make apache gpl-compatible whilst it never has been that before.
      The controversy, as I understand it, is apache saying "Apache now gpl-compatible, ugh." and fsf saying "No, it isn't. Go fix!". =/

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
  23. Untrue by Per+Abrahamsen · · Score: 1
    Is the GPL compatible with any other license?
    Here is a list of GPL compatible licenses..
    1. Re:Untrue by rmohr02 · · Score: 1

      That's GPL-compatible licenses. I still cannot take GPL'd code and release it under another license. For instance, the GPL isn't BSD-compatible.

    2. Re:Untrue by albalbo · · Score: 2, Informative

      You cannot take code under X licence and release it under Y.

      (Fill in the licence).

      Seriously, I don't think you understand how licences work.

      --
      "Elmo knows where you live!" - The Simpsons
    3. Re:Untrue by rmohr02 · · Score: 2, Informative

      It depends on the terms of "X license".

    4. Re:Untrue by Anonymous Coward · · Score: 1, Informative

      Actually, you can release BSD, MIT, and Apache code under more restrictive licences -- either GPL or proprietary.

    5. Re:Untrue by Arker · · Score: 1

      That's GPL-compatible licenses. I still cannot take GPL'd code and release it under another license. For instance, the GPL isn't BSD-compatible.

      The other poster is correct. You don't understand this. I'll try to be more helpful and actually explain it though.

      The GPL is BSD compatible in the same sense as the BSD license is GPL compatible. You can combine code under both licenses.

      You cannot take GPL code and release it under a BSD license, no. You also can't take BSD code and put it under the GPL. You can combine the two, both licenses allow it, but the actual code remains under their respective licenses.

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    6. Re:Untrue by hummassa · · Score: 1

      It depends. You can take code under BSD license and release it under GPL or, worse yet, under MSEULA. This because you can add restrictions in the licensing terms. But you can't take code under GPL license and release it under any other license.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    7. Re:Untrue by rmohr02 · · Score: 1

      Read the BSD and GPL licenses. It tells you how you may re-release the code yourself. It gives certain restrictions. Those restrictions are also part of the GPL. The BSD does not forbid adding restrictions. The GPL adds restrictions not found in the BSD license. Therefore, you can re-release BSD code under a GPL license. It is still available from elsewhere under the BSD license, but only available from you under the GPL.

    8. Re:Untrue by __past__ · · Score: 1
      The old X11 license explicitly granted the right to sublicense. You can take the code and redistribute it as part of a derived work under the GPL, the Mozilla Public License or the MS EULA.

      The GPL explicitly says that derived works must be redistributed under exactly the terms of the GPL. You cannot take the code and redistribute it as a part of a derived work under the X11 license, the MPL or the MS EULA.

      See the difference?

    9. Re:Untrue by albalbo · · Score: 2, Insightful

      No, no, no, you cannot relicence other people's software! If you could relicence BSD software as GPL, you would equally be able to take Microsoft Word and relicence it as BSD.

      Compatibility is *exactly* that: software under one licence can be brought together with software from another. Yes, you need to obey both licences when you have such a derivative. No, this doesn't mean any software is relicensed.

      If you still don't understand, tell me this: by what right may I take a piece of BSD software, and relicence it, given I am not the owner of the copyright? What legal right do I have to do that?

      --
      "Elmo knows where you live!" - The Simpsons
    10. Re:Untrue by Jason+Earl · · Score: 1

      That's true, sort of. However, I can take BSD licensed code, compile it, distribute it, and if someone asks me for the source I can tell them to take a hike. I can also take BSD-licensed code, make some changes and distribute the resulting binaries under any license I wish (including the GPL).

      That doesn't change the fact that you can still get the original BSD-licensed code from some other place, but it does mean that my derivative version is only available under the license I choose. The ammended BSD license is GPL compatible in that I can take BSD licensed code, combine it with a GPLed application and still be able to distribute the derivative work (under the GPL).

      That's the reason that the BSD folks gets so cranky about the GPL. BSD code that gets combined with GPLed code can only be distributed under the GPL. It's a one-way street. GPL license advocates can poach from BSD licensed codebases, but the BSD folks can't do likewise (without being subject to the GPL). The real problem with this is that the GPL derivative of the BSD work often competes with the original BSD version for developer mindshare. If the GPL derivative becomes substantially more useful than the BSD original version then the GPL derivative sucks the air out of the room for the original version.

    11. Re:Untrue by Crispy+Critters · · Score: 2, Informative
      "by what right may I take a piece of BSD software, and relicence it, given I am not the owner of the copyright? What legal right do I have to do that?

      That would be the BSD license.

      That's kinda the whole point of the thing. You can't reassign the copyright, but that is not the same thing.

      This is the whole difference between the GPL and the BSDL. BSDL allows redistribution under a more restrictive license, and the GPL only allows redistribution under the GPL. Saying "you would equally be able to take Microsoft Word and relicence it as BSD" is nonsense because I have no license to distribute MSWord at all.

      Read the BSD license. "Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:" It never says I can't distribute it with different conditions as long as my conditions include those in the original license.

    12. Re:Untrue by albalbo · · Score: 1

      "It never says I can't distribute it [... as long as I comply with ...] the original license"

      Well, you clearly understand the matter better than I.

      --
      "Elmo knows where you live!" - The Simpsons
    13. Re:Untrue by albalbo · · Score: 1

      This argument really grates with me. "GPL licence advocates can poach from BSD" - so, people who write BSD software don't care about MS using their stuff in proprietary software, yet somehow get really annoyed when people release it as free software?

      If someone has a problem with that, they shouldn't release under the BSD licence.

      --
      "Elmo knows where you live!" - The Simpsons
    14. Re:Untrue by Arker · · Score: 1

      BSDL allows redistribution under more restrictive terms, but it does not allow you to actually change the license. No one but the copyright holder could do that, and even the copyright holder couldn't do it retroactively.

      Look, for an example - if I took some code available under the BSDL, some under the GPL, and combined them, I could distribute them under the GPL - but the portions of code which I got under the BSDL are still under the BSDL, even if the combined work as a whole is under the GPL. The license on the portion of code that I got under the BSDL hasn't changed. I can only use it in my combined work because the BSDL allows that. If I put in a notice that the entire thing is now GPL, I'm simply wrong - only the portions that came to me under the GPL, and the portions I wrote, would be under the GPL - the remainder would still be under the BSDL regardless of what I thought or said.

      --
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    15. Re:Untrue by Anonymous Coward · · Score: 0

      You seem to have missed the point and misunderstood the law.

      Under the Berne copyright convention, all copy rights are withheld by the author of a work unless explicitly granted to you as part of your license to use the said work. "It never says I can't distribute it with different conditions as long as my conditions include those in the original license" is dead wrong.

      You can use a BSD-licensed piece of software in a proprietary or GPL'd project, but you cannot relicense the code. In the case of proprietary software, you can simply distribute the binaries without source, as doing so does not violate the terms of the BSD license. You are not, however, relicensing the BSD software under your own proprietary license by doing so.

    16. Re:Untrue by dublin · · Score: 1

      That's the reason that the BSD folks gets so cranky about the GPL. BSD code that gets combined with GPLed code can only be distributed under the GPL. It's a one-way street. GPL license advocates can poach from BSD licensed codebases, but the BSD folks can't do likewise (without being subject to the GPL). The real problem with this is that the GPL derivative of the BSD work often competes with the original BSD version for developer mindshare. If the GPL derivative becomes substantially more useful than the BSD original version then the GPL derivative sucks the air out of the room for the original version.

      This is absolutely true. The GPL is all about "gimme" which is why the GPL crowd's actions are completely predictable to anyone who's ever had a two-year-old.

      In essence, the GPL's stance relative to other licenses is, "What's mine is mine, and what's yours is mine. We call this FREEDOM. Our Freedom. You can go pound sand."

      This is why the GPL is so dangerous. If we let the FSF get away with this sort of thing much longer, we will *really* regret it. As my sig says, the FSF and the GPL are ultimately a far greater threat to our freedoms in the long run than Microsoft ever could be. The FSF's goal is to make itself the only viable "open source" license. That would be a horrible thing - for all of us. There are serious dangers to license monocultures as well, perhaps more dangers than an OS monoculture could ever present...

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    17. Re:Untrue by Anonymous Coward · · Score: 0

      That would be the BSD license.

      The BSD license gives you the right to make copies. It does not give you a right to relicense it.

      When Apple took FreeBSD and created Mac OS X, they didn't relicense all the BSD code they used. They had a license to make copies. That is all. The code they used is still under BSD license.

    18. Re:Untrue by curne · · Score: 1

      I agree completely with your statement that license monocultures are wrong. Openness includes accepting that everyone has the freedom to choose the license for their software that they feel is best.

      That is why I am confused about your statements. You maintain that the FSF want to force the world to use GPL, thereby eradicating all other software licenses - a statement which is completely false in my honest opinion - yet you yourself are on the barricade, battling the GPL with every bit of retorical strength you can muster.

      I mean no offense, but how do you handle this contradiction?

      Freedom is a highly relative term. What I want is different from what you want. Whatever stops us from doing our respective things hinders our freedom. The GPL ensures the freedom that I want. Therefore it is my license of choice. Please stop trying to limit my freedom by bashing my preferences into the ground.

      --
      All interpreted languages are abstractions over Lisp
    19. Re:Untrue by Jason+Earl · · Score: 1

      I definitely agree. However, BSD advocates definitely do care about this sort of thing. That's why they are always talking about how the GPL is viral (so are proprietary licenses, but they never mention that). The real problem is that GPLed derivatives of BSD projects sometimes compete successfully with the original BSD project. When this happens the BSD licensed code generally falls into disuse and suffers from bit rot. After that there is one less project that is available under the less stringent BSD license. Sure, you could ressurect the old BSD code, but that's not nearly as attractive as using the fancy new GPLed code.

      BSD projects don't have to compete with commercial derivatives of their project for Open Source hacker time and energy, but they *do* have to compete with GPL project derivatives. That's a big difference to some BSD purists.

    20. Re:Untrue by Jason+Earl · · Score: 1

      No one is forcing anyone to use GPLed software. In fact, the reason that Open Source licenses tend towards GPL compatibility is that there are piles of GPLed software that folks writing software under the other licenses want to use. There is far more useful code licensed under the GPL than all of the variants of the ASL put together. Lots of folks working on Apache projects would probably like to "borrow" bits of GPLed code. However, if they do they can no longer distribute their product. If the difference in the two licenses was large then it might make sense for the ASL hackers to deny themselves access to the GPLed software. However, the differences are so small that many folks are inclined to ignore them completely. Generally speaking, it doesn't make sense to wall yourself off from the largest source of freely available code in the known universe.

      Saying that the GPL is "all about gimme" is just ridiculous since the reason that most of the licenses that have changed to become GPL compatible have done so because they want to borrow GPLed software (and not the other way around). Python is perhaps the one exception to this rule. Python's license was changed primarily so that Python hackers could embed the Python VM into GPLed software. Even so, the license change benefitted everyone involved.

      As for the FSF being a threat to our "freedom" that's just patently ridiculous. The GPL is definitely a threat to folks that want to take open source software and turn it into proprietary software, but it's not a threat to any of the rest of us.

    21. Re:Untrue by Crispy+Critters · · Score: 1
      If I put in a notice that the entire thing is now GPL, I'm simply wrong

      You are saying that Linux kernels that contained some BSD code were distributed illegally, because they were licensed only under the GPL. Under your philosophy, work licensed in any fashion other than the GPL can never be incorporated into GPLed code, because extra licensing information would be required, but extra requirements are not allowed under the GPL.

      A license is permission to do something. Saying code is under the GPL means that people have permission to do certain things with it that they otherwise would not have under copyright law. If I release a program under the GPL, that says you have all the permissions listed in the GPL. It does not say that those are the only permissions you have. It does not say that no portions of the code are available under other licenses. The fact that some piece of the program is also available from someone else under a BSD license does not change the fact that I am distributing it under the GPL.

      All the code in a GPLed program is, by definition, under the GPL. This has nothing to do with the fact that the Regents of the University of California may hold the copyright to some bit of it, and they allow you to do lots more stuff with their part than the GPL says.

    22. Re:Untrue by Arker · · Score: 1

      You are saying that Linux kernels that contained some BSD code were distributed illegally, because they were licensed only under the GPL.

      No I'm not. It's perfectly legal for them to contain that code - it's allowed by the license the copyright holders chose in this case. But it's not under the GPL - it's still under the BSDL.

      A license is permission to do something.

      True.

      Saying code is under the GPL means that people have permission to do certain things with it that they otherwise would not have under copyright law.

      True.

      If I release a program under the GPL, that says you have all the permissions listed in the GPL.

      True.

      It does not say that those are the only permissions you have. It does not say that no portions of the code are available under other licenses.

      True again!

      All the code in a GPLed program is, by definition, under the GPL.

      But this is not true. It's either available under the GPL, or a GPL-compatible license.

      You're confusing, as another poster has pointed out, sub-licensing and re-licensing. They are not the same thing. The BSD code is always BSD. It's other things combined with it which can be under different licenses, because the BSDL allows that.

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    23. Re:Untrue by Crispy+Critters · · Score: 1
      "No I'm not. It's perfectly legal for them to contain that code - it's allowed by the license the copyright holders chose in this case. But it's not under the GPL - it's still under the BSDL."

      You said that program containing some bits originally licensed under the BSDL cannot claim to be entirely GPLed. The kernel has at some point included some BSD code but has always claimed to be released entirely under the GPL. According to you, distributing these kernels was illegal because they claimed that some BSDL code was GPL code. You said, "If I put in a notice that the entire thing is now GPL, I'm simply wrong." Clearly it is not legal to distribute code with inaccurate licensing information.

      "It's either available under the GPL, or a GPL-compatible license."

      The GPL says, "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." Every work that is a derivative work of a GPLed program is itself under the GPL. If I modify a BSDL program and release under the GPL, anything you take from it and distribute has to be released under the GPL. If you want to release it under the BSDL, you have to take it from source which is BSDL (or compatible).

      You may feel that this makes the GPL an illegal license. But that is what it says.

    24. Re:Untrue by Arker · · Score: 1

      According to you, distributing these kernels was illegal because they claimed that some BSDL code was GPL code.

      And for the second time I'm going to have to correct you for putting words in my mouth. I did not say that, or anything vaguely resembling it, you're saying it, and you're wrong.

      To repeat what I actually have said; distributing a work that contains code under both the GPL and the BSDL mixed is perfectly legal, because the licenses are compatible - that is, both of them give permission to do that.

      You may feel that this makes the GPL an illegal license.

      Clearly I said nothing of the sort. Why do you feel the need to make crap up out of thin air like that? You're just being silly, at best.

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    25. Re:Untrue by Crispy+Critters · · Score: 1
      "And for the second time I'm going to have to correct you for putting words in my mouth. I did not say that, or anything vaguely resembling it, you're saying it, and you're wrong."

      You said, "If I put in a notice that the entire thing is now GPL, I'm simply wrong." I am trying to understand what you meant when you said this. Do you think it is legal to distribute code with incorrect licensing information? I would think no. If a program has a single licensing notice that says it is GPLed, even though part of it came from a BSDL program, is the licensing notice incorrect? You said it is. Has the Linux kernel ever contained code taken from a BSDL source? I think it has. Has the documentation with the Linux kernel always claimed the whole thing was GPLed? I think so.

      When you said, "If I put in a notice that the entire thing is now GPL, I'm simply wrong," did you mean something equivalent to, "If I put a notice that no piece of the thing is available to the public except under the GPL, I'm simply wrong"? That is clearly true, but is not the most obvious way to interpret your statement.

    26. Re:Untrue by Arker · · Score: 1

      Is distributing code with technically incorrect licensing information, in a case where there is no harm done and no malice, illegal? I don't know, you'd have to ask a lawyer.

      Has the Linux kernel ever been distributed with incorrect licensing information? I don't know. I didn't bring it up, remember, you did.

      Is it legal to redistribute code that you got under the BSDL as part of a combined work under the GPL? Yes. That's why we call them compatible licenses.

      If you do that, are you relicensing the code you got under the BSDL? No. You're redistributing it, but the license is still the same.

      Hope that helps.

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    27. Re:Untrue by Crispy+Critters · · Score: 1

      I am amazed at how you dance around trying to avoid the direct quote of your previous message. It's like you want to take it back, but can't admit it was a mistake. Quite fascinating. Briefly.

    28. Re:Untrue by Arker · · Score: 1

      I'm equally amazed at how you dance around actually understanding me, while repeatedly misquoting me and attributing to me statements I never made, then at the end accuse me of waffling. I'm taking nothing back. I don't need to take back the stuff you made up, because I didn't say it. I'm still trying to figure out if you're just having major comprehension problems, or if you're just a troll trying to waste my time.

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    29. Re:Untrue by Crispy+Critters · · Score: 1
      "repeatedly misquoting me"

      This is a serious claim. Can you substantiate it? To the best of my knowledge, all the quotes I have attributed to you have been done by a direct cut-and-paste from your posts. If I included a specific quote, in quotation marks, and attributed to you incorrectly then I certainly owe you a apology.

      I believe that I understand your point of view. I am simply trying to use a concrete example and the GPL to show that your point of view, if correct, has serious consequences regarding the mixing of BSDL and GPL code. If you won't address the concrete example I proposed or comment on the portion of the GPL that I quoted, no communication is possible.

    30. Re:Untrue by Arker · · Score: 1

      If I included a specific quote, in quotation marks, and attributed to you incorrectly then I certainly owe you a apology.

      But if you leave out the quote marks and present it as a paraphrase that's fair game, even when it doesn't remotely resemble anything I actually said?

      You said "According to you, distributing these kernels was illegal because they claimed that some BSDL code was GPL code." I said nothing even remotely resembling that. You also said "You are saying that Linux kernels that contained some BSD code were distributed illegally, because they were licensed only under the GPL." Again, I said nothing of the sort. I hadn't even mentioned Linux! Nor had I said anything was illegal. You made up your own statements, having nothing to do with anything I'd said, and then attributed them to me with the phrases "you are saying" and "according to you."

      I believe that I understand your point of view. I am simply trying to use a concrete example and the GPL to show that your point of view, if correct, has serious consequences regarding the mixing of BSDL and GPL code.

      If you think that the kind of consequences you've tried to put in my mouth in any way follow from what I've said, you are definately incorrect in your believe that you understand what I'm saying.

      If you won't address the concrete example I proposed or comment on the portion of the GPL that I quoted, no communication is possible.

      I believe I have.

      The BSD and GPL licenses are compatible. Their terms permit code under each license to be combined and redistributed, as you must surely be aware.

      If you seriously think that somehow what I said (that you can't change the license on the code, only use that code as allowed by the license) contradicts that, you're going to have to explain yourself, because I certainly don't see how that follows.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    31. Re:Untrue by Crispy+Critters · · Score: 1
      "If you seriously think that somehow what I said (that you can't change the license on the code, only use that code as allowed by the license) contradicts that, you're going to have to explain yourself, because I certainly don't see how that follows."

      You said "If I put in a notice that the entire thing is now GPL, I'm simply wrong". I asked if this meant illegal, to which you replied, "I don't know, you'd have to ask a lawyer." So, possibly yes.

      But the GPL says that you can't require anything other than what is required by the GPL. If a mix of GPL and BSDL code needs a notice saying that part of the code is available under the BSDL, then this extra requirement means it cannot be released under the GPL.

      Also, the GPL states that derivative works can only be distributed under the GPL. Say Alice writes program A and releases it under the BSDL, and Bob takes part of A and puts it in his program B released under the GPL (copyright Alice and Bob). If Carol receives B under the GPL, she can only distribute a derivative work C under the GPL. That is what the GPL says. It doesn't say "unless that code was released under a different license by someone else." She has to get the code from that someone else under that license.

      Am I reading the GPL too literally? Isn't that the way legal documents are meant to be taken?

    32. Re:Untrue by Arker · · Score: 1

      You said "If I put in a notice that the entire thing is now GPL, I'm simply wrong". I asked if this meant illegal, to which you replied, "I don't know, you'd have to ask a lawyer." So, possibly yes.

      In the hypothetical case you posed, which I'd never really thought about before, that seems a reasonable answer. I seriously doubt it would be a problem, really, as there is no intentional deception, no financial damage, only an innocent misstatement. At any rate, I did look over the linux source today, and I don't see anything in it that would qualify as such deception anyway.

      But the GPL says that you can't require anything other than what is required by the GPL. If a mix of GPL and BSDL code needs a notice saying that part of the code is available under the BSDL, then this extra requirement means it cannot be released under the GPL.

      Actually the BSDL does require that ("Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer."), and the FSF lawyers have certified it as compatible. BSD code in Linux complies with that requirement btw, although there's been at least one case where it didn't for some period of time until the problem was noticed and remedied. The GPL has a very similar clause, so it really doesn't sound like an additional requirement to me, but I would bet if you wrote licensing@gnu.org and asked about it politely you could get someone more qualified than me to explain it.

      Also, the GPL states that derivative works can only be distributed under the GPL. Say Alice writes program A and releases it under the BSDL, and Bob takes part of A and puts it in his program B released under the GPL (copyright Alice and Bob). If Carol receives B under the GPL, she can only distribute a derivative work C under the GPL.

      Correct.

      That is what the GPL says. It doesn't say "unless that code was released under a different license by someone else." She has to get the code from that someone else under that license.

      Of course it doesn't. The derivative work is clearly under the GPL. But all the code that originated in source A is still under the BSDL, and should have notice of that fact. She doesn't have to get those portions from someone else at all. However, if she wants to use any of the code that did not come from source A, then she'll have to comply with the GPL.

      IANAL and all that, of course, but that's the way I read the licenses and copyright law. It's perhaps a fine point, and you're trying to read what I'm saying more broadly than I wrote it.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    33. Re:Untrue by Crispy+Critters · · Score: 1
      By googling I found a lot of discussions about whether the "must retain... this list of conditions" clause of the BSDL conflicts with the GPL, including a few on lkml. Nobody seems to have any answer except "It doesn't conflict because the FSF says it doesn't," (not an actual quote) which isn't any answer at all.

      In fact, I came across several licenses which were almost exactly new-BSDL, but with the additional clause

      Alternatively, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GNU GPL are required instead of the above restrictions. (This clause is necessary due to a potential bad interaction between the GNU GPL and the restrictions contained in a BSD-style copyright.)
      (a direct quote). This means some people think that some BSDL-like requirements might conflict with the GPL.

      (Note that the lkml thread you pointed to in the other message is about an old-style BSDL with advertising clause.)

      I think it may be the clause in the GPL that says "publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty" that people use to get around the compatibility issue. If the BSDL list of conditions is considered part of the copyright/warranty information under the GPL, then the "must retain... this list of conditions" is not inconsistent; in fact retaining the list would be required under the GPL. That is a pretty twisted way of reading it, though. I would hate to see someone have to argue in court what counts as an additional restriction under the GPL and what does not.

      It still leaves the problem of what to do with a file that mixes GPL and BSDL code. I guess you need to say "Portions of this code are copyright 1991 The Regents of the University of California, and available under the following restrictions... Portions of the code are copyright whoever released under the GPL." I don't think anyone ever does that, though.

  24. Non-Western versions of licenses? by swb · · Score: 2, Interesting

    This is off-topic, but...

    Most of the software licenses (BSD, GPL, etc) debated here have their basic origins in copyright and ideas about intellectual property that are distinctly American/European in origin.

    Is there any such thing or is anyone aware of software licensing schemes that are more organically based on non-Western ideas of intellectual property or copyright concepts?

    The western bias of these licenses makes sense in that they're primarily issued and used in western countries, and hence, need to be oriented towards western IP and copyright models.

    But as software development and usage grows in places like China and India, will we see PPL (People's Public License) or IPL (Indian Public License) with terms or concepts different than GPL/BSD, etc?

    1. Re:Non-Western versions of licenses? by gosand · · Score: 1
      But as software development and usage grows in places like China and India, will we see PPL (People's Public License) or IPL (Indian Public License) with terms or concepts different than GPL/BSD, etc?

      By using this software you are agreeing that any violation of the licensing terms will result in your entire family being imprisoned.

      Sory, bad joke, couldn't resist.

      --

      My beliefs do not require that you agree with them.

    2. Re:Non-Western versions of licenses? by duffbeer703 · · Score: 1

      I doubt it.

      In order to do business with western corporations, you need to adhere to the same intellectual property policies as they do.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    3. Re:Non-Western versions of licenses? by dlcarrol · · Score: 2, Interesting

      All legitimate complaints of imperial capitalism and mocking "intellectual property" rights aside, the idea of *individual* property rights is one that is most deeply rooted in western culture, and is something that has allowed individual freedom, etc to prosper. I'm not sure exactly what you meant by "non-Western", but wouldn't moving away from a "Western" mindset of ownership negate the need for a license in the first place?

      (Who was the guy at Duke that wrote about the need for property rights in a stable society? 2 points for finding it without Google)

    4. Re:Non-Western versions of licenses? by __past__ · · Score: 1

      Actually, even the characterization as "American/European" is problematic. The (continental) european copyright systems (german "urheberrecht", french "droit d'auteur") are significantly different. A lot of things in common licenses or related contracts can be only roughly translated, for example "assignment of copyright" as such is a completely foreign concept in these systems, the rights are basically unalienable. It is more about the right to control that your work is not used for purposes you don't agree with than the right to profit off it (of course, both schemes have both aspects, but the focus differs).

  25. You know what? Who the Fuck Cares? by trims · · Score: 4, Insightful

    Now, I usually don't get this annoyed, but we've gone through a bunch of these recently, and I'm sick of it.

    The GPL is not Holy Scripture

    The GPL is nice. It works for a large amount of stuff. However, it very much does NOT work for many other things, even in the Open Source world. I don't (and you shouldn't) want everything to be GPL'd. The GPL has a LOT of problems, freedom to copy aside. It is definitely not suitable for every purpose, given our current legal framework.

    We should measure a license by how obnoxious and restrictive it is, not some idiot litmus test of GPL-compatibility. I prefer that we gravitate to a small number of general licenses for simplicity's sake, but there is no real good reason that they all HAVE to be GPL-compatible, any more than they all HAVE to be BSD-compatible.

    The various ASL versions are all very benign and nice BSD-ish licenses, that may or may not be GPL compatible. They have very liberal code reuse and copying provisions, and very few restrictions. If they are GPL-incompatible, well, then, that's life. I'm not going to get angry over this, any more than I get upset because I can't use GPL libraries with my proprietary code.

    Please quite focusing on the idiotic minutia, and pay attention to the hard issues of license lock-in and IP coralling prevelant in software licensing today.

    -Erik

    --
    There are always four sides to every story: your side, their side, the truth, and what really happened.
    1. Re:You know what? Who the Fuck Cares? by Jason+Earl · · Score: 2, Informative

      It's not about the GPL being holy scripture. It is about being able to take code from GPLed projects and combine then with code from ASL licensed projects. If these two licenses aren't compatible then the resulting derivative work can't be distributed legally.

      The reason that this is a problem for Apache is that there is a *lot* of GPLed code out there. In fact, last I checked there are quite a few GPLed Apache modules. Now these modules can't be distributed with Apache.

      The problem with licensing issues is that they aren't minutia. In fact, licensing is ridiculously important (ask the KDE folks some time).

    2. Re:You know what? Who the Fuck Cares? by akac · · Score: 1

      These modules could NEVER be distributed with Apache. Apache has NEVER had a GPL compatible license.

    3. Re:You know what? Who the Fuck Cares? by Jason+Earl · · Score: 1

      Yes, that's why the ASL2.0 is such a disappointment. It was supposed to be GPL compatible. There are lots of hackers that would like to be able to distribute their software with Apache, but they can't because of stupid licensing issues. If the thing separating the ASL2.0 was a big issue, then perhaps that would be something, but it's not. And so the folks working on Apache software are denied the use of GPL software just for a few niggly words.

  26. I disagree by aled · · Score: 1

    Of course, this is still up to debate

    I think is not debatable. Of course I could be wrong. What others think about this is not just the opinions of individuals, so I should not care what you think. But your opinion is important. Really.

    --

    "I think this line is mostly filler"
  27. In other news by El · · Score: 4, Funny

    SCO apparently beleives the GPL is SCO License compatible... which just goes to show what somebody thinks doesn't mean jack until you test it in court.

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  28. Oh no! by October_30th · · Score: 1
    5: Insightful?! He took a quote and said "Good point"

    Oh no! Welcome to the Internet!

    --
    The owls are not what they seem
  29. For those who think the BSD license is the best by Anonymous Coward · · Score: 5, Informative

    Here's what Linux Torvalds said when asked if he wished he'd chosen a different license the GPL:

    Absolutely not. I personally think that the BSD license is a dead end for serious projects, since it inevitably results in forking with no way to re-join if it becomes commercially viable.

    Forking a project is in my opinion hugely important, since forks are how all real development gets done, and the ability to fork keeps everybody honest (i.e. if you don't do a good job and keep your users happy, they can always fork the project and go on their own). But equally important is the ability to join back forks, when/if some group finds the right solution to a problem. And that's where the GPL comes in: you can really think of the whole license as nothing more than a requirement to be able to re-join a forked project from either side.


    1. Re:For those who think the BSD license is the best by __past__ · · Score: 1

      My observation of the BSD-bases OSes suggests that this is a strawman. They all are forks from the same, obviously BSD-licensed, source base, and while it is unlikely that they will at some point merge back into one, there is a whole lot of code sharing. Obviously there is between Free/Net/OpenBSD, Darwin and the other smaller projects (ekkoBSD, DragonFly BSD etc), but also Apple and BSDi did contribute back (not everything, but this is obviously not a problem for any party involved).

    2. Re:For those who think the BSD license is the best by Anonymous Coward · · Score: 0

      I personally think that the BSD license is a dead end for serious projects, since it inevitably results in forking with no way to re-join if it becomes commercially viable.

      This is all very true, assuming that no one will provide for free something that could make money. Or rather, it is only true in such cases. But obviously this premise does not always hold, or else there would be no useful free software to begin with.

      Personally, I (aka nobody) prefer BSD-like licenses because they guarantee that any code you get will be through goodwill rather than obligation. Of course the GPL is also good, and its obligations tiny, but the BSD license just feels more friendly to me.

      Really I think it comes down to a matter of personal taste. (and of course my taste is always better than yours ;)

    3. Re:For those who think the BSD license is the best by Bishop · · Score: 1

      I believe there is some validity to Linus' argument.

      In the examples you give the projects are BSD licensed, or the code was released by Apple or BSDi under the BSD license. Some BSD code has been merged into the Linux kernel and is now tainted with the GPL. BSD code has also been taken and used in closed source projects. In both cases the BSDs have lost the ability to merge back any improvments to their code. This is a type of code fork, and a situation Linus wanted to prevent.

      The primary authors of the various BSD projects don't have a problem with this situation[1]. Their goal is to generate code that can be usefull to anyone. Linus' goals are obviously different. Hence the use of the GPL.

      [1]I have found several BSD authors, and many BSD users to be resentfull towards the GPL and the way it can take BSD code and taint it. As an example see the license used by Darren Reed(??) and the packet filter project. The license attempts to prevent the code from being used in GPL projects. I find this attitude odd. If the authors did not want their code incorporated into a GPL or closed source project, they should not have used the BSD license.

  30. It does matter by Bull999999 · · Score: 1

    GPL, BSD, ASL, and other open source licenses protect software IP as well so you need to deal with them if you want to solve the problems with license lock-ins and IP coralling prevelant in software licensing today.

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  31. I don't think so... by Mr.+Slippery · · Score: 5, Informative

    Certainly they're right that the text of the licence, not the opinion of the FSF, is what matters. However, they seem to not understand their own licence:

    The Apache License says that if you claim the Apache software contains something that is not licensed free for everyone (i.e., specifically, you accuse someone of infringing your patent which implies that your patent is not free for everyone), then you can't use the Apache License as a defense against your own infringements.

    Actually, the Apache License says more than that. It says "any patent licenses granted to You under this License for that Work shall terminate" if you file certain lawsuits. Without patent licenses, in theory you can't even run the software. (Which is why software patents are evil, stupid, and must be destroyed.)

    The Apache License can take away your right to use the software by revoking patent licenses (admittedly, only if you behave like a scumbag, but that's beside the point).This is what is not permitted under the GPL. The GPL states "You may not impose any further restrictions on the recipients' exercise of the rights granted herein"; a license that says "you can't use this software if you behave like a scumbag and file patent lawsuits" is not compatible with this requirement.

    Again, it's not necessarily a bad idea (as the FSF page notes). But it is not GPL-compatible.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
    1. Re:I don't think so... by Ken+D · · Score: 1

      This is exactly the crux of the issue. ASL section 3 and GPL section 7 are not the same, though Apache argues that they are. Perhaps as a software provider, they haven't considered how the patent clauses affects someone who merely uses the software internally, rather than redistributes it.

    2. Re:I don't think so... by slive · · Score: 1

      No. The Apache License revokes only your patent rights. Since the GPL doesn't give you any patent rights in the first place, the Apache License does not impose further restrictions.

    3. Re:I don't think so... by gstein · · Score: 4, Insightful

      As Mr Slippery quoted, "You may not impose any further restrictions on the recipients' exercise of the rights granted herein". Note the emphasis I added.

      As Joshua states, the GPL doesn't give you any patent rights, so any restrictions around patent rights do not interfere with the GPL.

    4. Re:I don't think so... by Crispy+Critters · · Score: 1
      "The Apache License can take away your right to use the software"

      You are right that there could be a narrow region of incompatibility. Say that there is a GPLed code that violates my patent, i.e. it uses a patented technique without permission. I can legally run that code, but no one else can without my permission. However, there is no legal way for anyone to copy, modify, or distribute the code.

      If the code were instead under the Apache license, I could still allow third parties to use my patented techniques (for a fee), but I could not myself run Apache, but only if Apache contained material under someone else's patent.

      This seems like such a trivial case that it is not worth worrying about. If am suing everyone in the world who has a server running Apache, whether or not I can run Apache myself is not too important. They should be able to resolve this.

    5. Re:I don't think so... by Anonymous Coward · · Score: 0

      The Apache License can take away your right to use the software by revoking patent licenses [...] The GPL states "You may not impose any further restrictions on the recipients' exercise of the rights granted herein"

      The GPL doesn't grant you the right to use the software. It isn't an EULA, it's permission to make copies. A license that takes away your right to use the software is not necessarily incompatible with the GPL.

  32. Its actually 100% irrelevant by Alan+Cox · · Score: 5, Insightful

    The ASF statement actually is really useful, because in essence they are saying they think its GPL compatible, so there are no issues on their side.

    Its irrelevant however because Apache is built upon a set of non GPL compliant libraries like OpenSSL and always has been. "Apache 2.0 not GPL", well big deal: Apache 1.0 not GPL either.

    You can probably build a non https:// Apache without a few other modules that is GPLable but everyone I've dealt with seems quite happy with the state of apache and the license it uses right now.

    This is very different to the XFree 4.4 case where the rules got changed on people.

    Its very much like "Windows 98 not GPL".. not news.

    1. Re:Its actually 100% irrelevant by RAMMS+EIN · · Score: 3, Informative

      ``You can probably build a non https:// Apache without a few other modules that is GPLable but everyone I've dealt with seems quite happy with the state of apache and the license it uses right now.''

      Or even one that does https using GNU TLS.

      Personally, I read the ASL2.0 to be GPL-incompatible, due to extra requirements for distribution. I don't care much, though. If you want to link stuff with Apach, it's Apache-specific anyway, so giving it an Apache-specific license wouldn't hurt too much.

      --
      Please correct me if I got my facts wrong.
    2. Re:Its actually 100% irrelevant by Jason+Earl · · Score: 4, Interesting

      The problem is when you want to take some code that is already licensed under the GPL and combine it with ASL2.0 licensed code. All of a sudden you have a tool that compiles and works well, but can't be legally distributed.

      The fact of the matter is that the FSF controls the copyrights to a big fat pile of source code, and if they say that derivatives of their GPLed source can't be combined with ASL2.0 source and legally distributed, then folks are going to listen to the FSF.

      Since the FSF has a long history of not changind their stance on what is GPL-compatible there is an equally long history of projects changing their licenses to get the FSF blessing. Being cut off from using the millions of lines of FSF GPLed code is simply too big a deal. The Python license is a good example, as is the old QPL license (that QT used to use).

    3. Re:Its actually 100% irrelevant by drauh · · Score: 2, Interesting

      > telnet www.gnu.org 80
      Trying 199.232.41.10...
      Connected to www.gnu.org.
      Escape character is '^]'.
      GET HTTP/1.1 http://www.gnu.org
      HTTP/1.1 400 Bad Request
      Date: Tue, 24 Feb 2004 19:29:02 GMT
      Server: Apache/1.3.26 (Unix) Debian GNU/Linux mod_python/2.7.8 Python/2.1.3
      Connection: close
      Content-Type: text/html; charset=iso-8859-1

      <!DOCTYPE HTML PUBLIC "-//IETF//DTD HTML 2.0//EN">
      <HTML><HEAD>
      <TITLE>400 Bad Request</TITLE>
      </HEAD><BODY>
      <H1>Bad Request</H1>
      Your browser sent a request that this server could not understand.<P>
      The request line contained invalid characters following the protocol string.<P>
      <P>
      <HR>
      <ADDRESS>Apache/1.3.26 Server at www.gnu.org Port 80</ADDRESS>
      </BODY></HTML>
      Connection closed by foreign host.

      seems like license incompatibility doesn't really stop GNU from using software.

      --
      This is a tautology.
    4. Re:Its actually 100% irrelevant by Ed+Avis · · Score: 2, Interesting

      OK, supposing that you took the ASF's statement as good enough and distributed their code under the GPL. You might have a solid legal basis to do so (doctrine of estoppel or whatever - IANAL).

      But what happens if a third party makes some change to Apache and releases it under the Apache licence? You would also need that third party's written statement to distribute the whole under the GPL. Whereas if the Apache licence were more obviously and transparently GPL-compatible, such that it didn't need these disclaimers, there would be no problem combining APSL-licensed code from different sources as part of a GPL'd program.

      The annoying thing is that the fix is really simple. All the Apache people need do is dual-license the code under both their own licence and the GPL, as happens with Perl. If they really believe that the APSL allows GPL'd distribution anyway, they should have no problem doing this, however it helps the rest of the world who don't find the APSL's wording quite so obvious.

      (Third parties would still have the option of distributing a modified version under APSL only, but at least it would be obvious and simple what you need to do to allow GPL distribution of your changes.)

      --
      -- Ed Avis ed@membled.com
    5. Re:Its actually 100% irrelevant by squiggleslash · · Score: 3, Insightful
      That's right. Because the FSF's comment about the ASL is not an ideological one, it's merely a legal one. They don't object to it, indeed they actually quite like it:
      This is a free software license but it is incompatible with the GPL. The Apache Software License is incompatible with the GPL because it has a specific requirement that is not in the GPL: it has certain patent termination cases that the GPL does not require. (We don't think those patent termination cases are inherently a bad idea, but nonetheless they are incompatible with the GNU GPL.
      So there's no reason for the FSF to boycott or otherwise not use Apache's software, nor any reason to believe they would.

      Do not be surprised if, instead of the ASL becoming GPL compatible, GPL v3 is ASL compatible.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:Its actually 100% irrelevant by anti-trojan · · Score: 1

      Apache 1.3.26 was licensed under the older Apache license.

    7. Re:Its actually 100% irrelevant by snol · · Score: 2, Insightful

      The FSF doesn't get to decide about this though. There's no question about relicensing GPLed software as ASL2 (you can't); it's vice versa, and if the Apache people say you can relicense their software as GPL then you can.

    8. Re:Its actually 100% irrelevant by noselasd · · Score: 1

      Who cares if its GPL compatible...
      What's really important is if its compatible with
      whats already out there. I'm thinking all the various
      modules(PHP,mod_perl,mod_auth_younameit).
      Most seem not GPL licensed.
      Thats whats important, is ASL still compatible with licenses
      used by all the big modules we all depend on ?
      (It seems so, so who cares _that_ much about it beeing GPL (in)compatible ?;)

    9. Re:Its actually 100% irrelevant by williamhooper · · Score: 1

      Would that be the Apache 1.0 license (which isn't GPL compatible) or the Apache 1.1 license (which isn't GPL compatible)?

    10. Re:Its actually 100% irrelevant by curne · · Score: 2, Insightful

      if the Apache people say you can relicense their software as GPL then you can.

      Actually, as far as I can tell, it is all theoretical until somebody does it and the case goes to court. What Apache says is insignificant. Only the content of the license counts.

      --
      All interpreted languages are abstractions over Lisp
    11. Re:Its actually 100% irrelevant by j7953 · · Score: 2, Informative
      If you want to link stuff with Apach, it's Apache-specific anyway, [...]

      Not true. If you're thinking of the Apache HTTP Server, then you're right, but the ASF is hosting far more software by now, including lots of great libraries. For example, as a Java developer, I regularly use packages developed as part of Apache's Jakarta project. Their logging libraries (Log4J etc.) are also quite widely used, as is for example the Xerces XML parser. I'm sure some of these libraries are also interesting for people who wish to develop free software that is licensed under the GPL.

      --
      Sig (appended to the end of comments I post, 54 chars)
    12. Re:Its actually 100% irrelevant by jjgm · · Score: 1

      Actually, the legal doctrine of estoppel permits you to rely on a verifiable, unrepudiated statement.

      Or more accurately, permits you to claim to the judge that you relied upon it.

      For example, one of IBM's counterclaims against SCO is based on the "promissary estoppel" of their prior commitment to the GPL distribution of Linux.

    13. Re:Its actually 100% irrelevant by curne · · Score: 1

      I agree (except I didn't know all the fancy words :) ). I think the main point is, that nothing can be considered fact about these licenses until they are tried in court.

      --
      All interpreted languages are abstractions over Lisp
  33. ASL by j-turkey · · Score: 1

    Wow...Age/Sex/Location -- now finally GPL friendly. Now I can finally meet people in AOL chatrooms without all of the propritary headache! ;)

    --

    -Turkey

    1. Re:ASL by RLiegh · · Score: 1

      Sure can! ;-)

  34. Is! Isn't! Is! Isn't! Is! Isn't! by ENOENT · · Score: 0, Troll

    Oh yeah! Well, your mother's not GPL compatible!

    --
    That's "Mr. Soulless Automaton" to you, Bub.
  35. This is actually an important discussion by heironymouscoward · · Score: 2, Interesting

    The GPL is not just the agenda of an extremist code liberty organisation. It's also the basic constitution of a large part of the Internet.

    The fact that Apache has been moving towards a GPL-compatible license and away from the more open earlier licenses shows that there is a desire to benefit from some of the protection that the GPL offers.

    (As a free software author, I've made the same move from liberal BSD-style licenses to the GPL in the last years, swayed in part by Stallman's argument that anything less than the GPL helps commercial competitors more than open source developers.)

    The compatibility of these two licenses is essential if we're to see Apache smoothly integrated into wider GPL'd frameworks.

    The FSF appears quite flexible in considering changes to the GPL for future versions, and I suspect the Apache Group are important enough to push through what they need.

    It's an important discussion and one I'll be following.

    --
    Ceci n'est pas une signature
    1. Re:This is actually an important discussion by Elwood+P+Dowd · · Score: 1

      US patent no.55120313, "Describing a device to repeat a text at the end of comment."

      Your sig made me giggle like a schoolgirl.

      --

      There are no trails. There are no trees out here.
  36. Huh? by mcc · · Score: 2, Informative

    The GPL is compatible with any license less restrictive than it is.

    The FSF makes a big deal whenever they think that an open source license isn't GPL-compatible because that is their job. They are responsible for maintaining and promoting the GPL and thus people look to them for definitive answers on what exactly what the GPL's place in the world is and what licenses it is and isn't compatible with.

    1. Re:Huh? by rmohr02 · · Score: 1

      I know why they do it, I just like to bring up the point every so often.

  37. Right... by Anonymous Coward · · Score: 0

    >This means there is nothing to stop you linking your [L]GPL apps against apache libraries, shipping them with apache applications, and the like."

    Of course there isn't. There is nothing stopping me from linking against Microsoft libraries.

    I bet as soon as I start making money, or my project becomes prominent, Lawyers from Apache will be beating my door down...

    Nice red herring ASF.

    l8,
    AC

  38. Another opinion matters more... by cleetus · · Score: 4, Insightful

    ...than that of either the FSF or the ASF: the opinion of the copyright holder of the software. Granted, the copyrights to alot of important softwore have been deeded to the FSF, and thus, their opinion matters with regard to that software.

    however, the key to all of this is that only the copyright holder to a piece of software can decide to bring a lawsuit. Thus, if the copyright holder thinks the licenses are compatible, then they damn well are (in that case only).

    Bottom line: contact whoever owns the copyright to the software you want to use if you have any questions about your rights under the ASL or GPL.

    cleetus
    (a soon to be lawyer)

    1. Re:Another opinion matters more... by Elwood+P+Dowd · · Score: 1

      Yeah, but if they change their mind, you're fucked. And you can't even be sure they'll always hold the copyright.

      So you have to be sure that all of your rights are explicitly described by your license.

      --

      There are no trails. There are no trees out here.
    2. Re:Another opinion matters more... by tverbeek · · Score: 1

      If you're talking about an isolated piece of creator-owned code, you're right that only the creator's opinion really matters. But if you're talking about a combination of code from various sources, the compatibility of their various licencing terms becomes an issue.

      --
      http://alternatives.rzero.com/
    3. Re:Another opinion matters more... by cleetus · · Score: 1

      I agree that parties can change their mind and that this can cause serious problems. However, if you get them to agree upon a particular interpretation of their license, and agree not to sue you over it, then you are pretty well protected. Granted, this is a lot to ask, but with legal stuff, an ounce of prevention is worth a pound of cure.

      cleetus

    4. Re:Another opinion matters more... by cleetus · · Score: 1

      If some third party has combined code in a way that violates the terms of one of the licenses of the combined code, you have nothing to worry about. Obviously, you run into problems with the GPL when you go and both *modify* and *redistribute* such combinations of doubtful code, but the initial issue of compatibility would need to get resolved by the copyright owners of the original code before the disposition of the legality your actions can occur.

      cleetus

    5. Re:Another opinion matters more... by Abcd1234 · · Score: 1

      This is not strictly true. If the author makes guarantees to you about whether or not they'll sue, these statements can be partly binding. Look up the concept of estoppel for an idea of how this works.

      Incidentally, this exists in practice. In particular, the Linux kernel license (the GPL) prevents the distribution of binary-only kernel modules. However, Linus has stated publically, as well as in writing in the kernel source, that no action will be taken against parties who distribute such modules.

    6. Re:Another opinion matters more... by Anonymous Coward · · Score: 0

      You're still missing the point.

      Consider the hypothetical GPL'd library libfoo. Your copy of libfoo was originally written by one person, but then various other people contributed code, then someone else took over the maintenance, then the project merged with libbar and included a whole lot of code from there. Now if you want to find out whether libfoo can be linked with Apache, you need to contact everyone who ever contributed code to the library.

      Obviously most well-run projects would have arranged for contributors to surrender their copyrights to prevent precisely this problem, but it's a sad fact that not all projects are well-run.

    7. Re:Another opinion matters more... by Bas_Wijnen · · Score: 1

      Those guarantees are what a license is for. If I need to call every author of code I want to use, I might as well use proprietary stuff. One of the main points of free software is that you can use it without asking the author.

      Incidentally, this exists in practice. In particular, the Linux kernel license (the GPL) prevents the distribution of binary-only kernel modules. However, Linus has stated publically, as well as in writing in the kernel source, that no action will be taken against parties who distribute such modules.

      However, Linus is not at all the only copyright holder on the kernel source. And I doubt if these statements are legally binding, even for Linus. He just tries to tell how he interprets the license. I remember him saying on a mailinglist that those statements don't legally mean anything, they just explain what he thinks the license is saying. If tomorrow he changes his mind, you may have a problem. If Alan Cox (or any other copyright holder on part of the kernel) doesn't agree with Linus' interpretation, you may have a problem as well.

    8. Re:Another opinion matters more... by Bas_Wijnen · · Score: 1

      If the creaters of the license agree on a particular interpretation of the license, and are willing to write that down and sign it, then why didn't they put the interpretation in the license?

    9. Re:Another opinion matters more... by cleetus · · Score: 1

      I think you misunderstand. The siuation I am describing does not involve the creators of the licenses, but rather coders licensing their programs under the licenses. Thus, while the license creators might not agree that the licenses are compatible, the code creators--the ones who control the copyrights--can still legally come to an agreement regarding license compatibility.

      cleetus

    10. Re:Another opinion matters more... by Abcd1234 · · Score: 1

      Those guarantees are what a license is for. If I need to call every author of code I want to use, I might as well use proprietary stuff. One of the main points of free software is that you can use it without asking the author.

      Oh, I completely agree. Of course, this is a non-sequitur, as it also has nothing to do with my post. I was simply responding to the idea that an author can turn around and sue you after saying he wouldn't.

      However, Linus is not at all the only copyright holder on the kernel source. And I doubt if these statements are legally binding, even for Linus. He just tries to tell how he interprets the license. I remember him saying on a mailinglist that those statements don't legally mean anything, they just explain what he thinks the license is saying. If tomorrow he changes his mind, you may have a problem. If Alan Cox (or any other copyright holder on part of the kernel) doesn't agree with Linus' interpretation, you may have a problem as well.

      Well, Linus seems to disagree. See here and here. Granted, Linus ain't no legal authority, but I'd assume he's not *completely* out to lunch. :) Of course, the Linux kernel is just one situation, and so this discussion may not apply to all projects. But it's not nearly so black and white as one might think.

  39. Anyone asked SCO? by GoMMiX · · Score: 1

    I'd love to hear SCO's opinion on whether the AL2.0 is GPL compatable.

    Ohh, c'mon - admit it - you know it would be funny!

  40. A/S/L?? (nt) by Laconian · · Score: 0, Redundant

    booga boo

  41. Get your facts straight by FreeUser · · Score: 5, Insightful

    Unfortunately distributing non-GPLd software with Linux is asking for trouble. Linux is the best-selling open software product and choosing any other license than GPL means an extra hurdle for your software.

    What a load of absolute crap.

    There is absolutely no problem distributing non-GPLed software (even proprietary software) with Linux. Just because the kernel is GPLed doesn't mean the software which runs under it must also be GPLed. glibc is LGPLed (ie. you can link non-GPLed and proprietary software against it), asn are nearly all of the core libraries.

    Oracle ships with Linux, and it is proprietary. XFree (pre 4.4) ships with Linux, and has (had) a BSD-ish (but GPL compatible) license. Openssh ships with Linux and has a BSD license. And this list goes on.

    There is absolutely no issue whatsoever in distributing non-GPLed software with a GPLed operating system.

    There is an issue with combining code from non-GPLed products and GPLed products into a new product, which is why XFree 4.4 is going the way of the Dodo, with virtually every distribution under the sun sticking with 4.3 or going with one of the forks (freedesktop.org or what have you), but that is a result of the amount of GPLed software linked to X libraries no one is willing to give up, not a result of the Linux operating system.

    This is why Apache is working toward a GPL-compatable license, and why the FreeBSD folks went through the effort they did to make their license GPL compatible ... so that more people, including those who chose to release their software under the GPL, can make use of their code (which is the primary interest of the BSD folks).

    And yes, this is the kind of Freedom RMS and others, such as myself, like: the freedom to chose the license we prefer for our code, which for many of us is a "share-alike" license such as the GPL.

    And the results speak for themselves: the first viable competitor to go up against Microsoft in a generation (Linux), thousands of free software projects where the code is guaranteed to remain free in perpetuity, and widespread cooperation between two philosophical camps despite differing opinions on where to emphasize the freedom (developers a la the BSD, vs. users a la the GPL), rabblerousing from the proprietary sidelines via agent provocateurs, and their less intelligent cousins, trolls such as yourself, notwithstanding.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Get your facts straight by October_30th · · Score: 1, Troll
      There is an issue with combining code from non-GPLed products and GPLed products into a new product, which is why XFree 4.4 is going the way of the Dodo

      Ok. And that's not exactly the issue I was complaining about because...?

      the freedom to chose the license we prefer for our code, which for many of us is a "share-alike" license such as the GPL.

      Oh, you GPL advocates are so cute when you talk about freedom. I grew out of it many years ago when I realized the only kind of freedom RMS likes is the restrictive kind of freedom: all licenses except GPL are bad.

      I remember that. It's ok to choose any license for your software as long as you choose GPL. Right?

      rabblerousing from the proprietary sidelines via agent provocateurs, and their less intelligent cousins, trolls such as yourself, notwithstanding.

      Yeah, damn those freethinking people who have trouble accepting the GPL dogma.

      --
      The owls are not what they seem
    2. Re:Get your facts straight by gmhowell · · Score: 1

      I remember that. It's ok to choose any license for your software as long as you choose GPL. Right?

      Right, because sucking RMS's dick is the only reason to choose the GPL?

      Yeah, damn those freethinking people who have trouble accepting the GPL dogma.

      Funny, on license topics here on slashdot, the only dogma I see is that RMS is a loony communist, and everyone who uses the GPL is a loony communist. Never do I see an admission by a (typically) BSD 'zealot' that maybe, just maybe, for some people, some of the time, they release software under the GPL for good reasons.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  42. "License 'foo' is crap!" is crap! by TRACK-YOUR-POSITION · · Score: 1
    If ASL doesn't play nice with the GPL, that is unfortunate... and we might have to look at something else.

    Look: all of this bitching (though in this case the bitching is apparently ignorant, because it looks like the licenses are compatible) is the process of determining whether it's worth looking at something else! Your code is your own fucking business, but my usage of your code, and my reasons for such, are MY fucking business, and I can choose to make those as bitchy as I want.

  43. MOD PARENT UP! by Anonymous Coward · · Score: 0

    This is the first post that contains a correct analysis of the problem.

    (and I am not related to the author of that post in any way)

  44. Score 4 insightful? *ROFL* by Arker · · Score: 3, Insightful

    But until the dust settles on this, I don't think anyone should link the new Apache code.

    Which no one was doing anyway, since all the of the earlier Apache licenses were clearly and uncontroversially non-GPL-compatible.

    I'm waiting to see if this turns ugly. I hope it doesn't, because it doesn't need to. The last thing the GPL needs is to have it's primary defender fighting it's most well-known user.

    The Apache Foundation does not and has never used the GPL on any of their work.

    I'm rolling on the floor laughing at the mods that fell for this.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  45. Re:Its actually 100% relevant by Marc+Slemko · · Score: 5, Interesting

    Have you, erm, looked at the Apache Software Foundation project list lately?

    This isn't just about a license for the Apache HTTP server. In fact, it isn't even just about ASF projects either, since it offers independent developers a new choice of license to easily release their code under.

  46. Aspersions. by mcc · · Score: 1

    Let's say the FSF says "this is GPL incompatible", and half of the community agrees with them. Does this automatically mean it's incompatible? Well, I guess technically not, maybe, but still:

    One, any project which descides to link both Apache2 and GPL code is going to be avoided by the plague by quite a lot of people. Individual users will probably be less likely to contribute to a project whose legal validity and future is in doubt. At least some major linux distributions will probably decline to carry it.

    Two, the cloud created by the question of whether there is a legal basis to use code that incorporates both Apache2 and GPL code will drive away virtually any business entity who might otherwise use such code. If a corporate legal department gets word that their engineers want to take a project that is liscensed under mixed Apache2 and GPL and redistribute it, and that they "have the right to modify and redistribute this... maybe, unless the FSF is interpreting the license correctly", how do you think they will react to this?

    A solid legal footing can't really be established except maybe in court, and a situation where the legal question is resolved in court is highly unlikely to happen for years, if at all-- but it could, at any moment, and you can't say what the outcome will be.

    When you get to this point you might as well call it "GPL Incompatible". Almost certainly, in practice, the Apache2 and GPL licenses just aren't going to be mixed. You could get more developer support just by sticking firmly to one or the other. This won't be the end of the world; it will be just like Apache1 and Apache1.1.

    Personally I think the GPL is pretty unambiguous and that the Apache2 license is indeed incompatible with it.

  47. Nicely done. by Anonymous Coward · · Score: 1, Funny

    I didn't think anyone would figure it out. Oh well, like anyone is going to believe you. Mu-ha-ha-ha -ha ha...

    --- Steve "Satan" Jobs

  48. These people care by roystgnr · · Score: 2, Insightful

    GPL Projects. There's about 16,000 listed on Freshmeat, and some of them include some good code which should be reused in other projects if possible.

    If the new Apache license is GPL compatible, then source code released under that license can be redistributed linked to GPL code. If not, then to redistribute such a combined work you have to have either special permission from the authors of any GPLed components to put additional restrictions on their code or special permission from the authors of the non-GPLed components to rerelease their code with fewer restrictions. Since that's enough of a PITA that it will make code reuse less common, it would be very nice if it wasn't necessary.

  49. Conditions on Copyright vs Patent by timotten · · Score: 3, Interesting

    So the disagreement is over whether clause 6 of 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.

    applies to the patent grant. Does "rights granted herein" refer to the rights in clause 6 ("...copy, distribute, or modify...") or to all rights mentioned in the license?

  50. infection or cure by JDizzy · · Score: 0, Troll

    The GPL is considered a virus, because it is free as in BEER but not as in FREEDOM. It hooks you in with the "FREE BEER" aspect of the software, but you cannot do anything with that software except look at it, or use it. Don't you dare try to use your creativity to change it, because the greedy authors of the original art think your changes is their art. Its a typical trap license, and for people to bitch about another license being incompatible with a virus just sounds silly. The reality is the Apache License has more liberty packed in a few sentances than the GPL will ever have in its' pages upon pages leagal rehtoric.

    The sad thing is all this hinges on giving the authors of software fair credit, which the Apache license belives is fair. Where the GPL belives that mentioning contrinutors, you know that people who add contributiosn to the gpl virus-ware, should get due credit, instead of being put under an umbrella of nameless, forgoten contributors who the author forgets to mention, and thus steals their contributions. This is typical GPL fair. The original author offten steals the contributions and never mentions the source of all the little patches, and alterations they force others to give back to them under the terms of the GPL, because the GPL license says listing authors is an incompatiblity.

    You don't belive me? Well read for yourself at the GPL website: http://www.gnu.org/philosophy/bsd.html. They spell it out very clearly that listing authors gets in the way of their eventual theft.

    --
    It isn't a lie if you belive it.
    1. Re:infection or cure by statusbar · · Score: 2, Insightful

      You also have the FREEDOM to not use or contribute to GPL software source code. The 'proper' way is to have the contributors assign their copyright on the code to the organization/person managing the GPL product. Quite often this is the FSF as they will defend the license better than most others. If you are giving it to them then they are not stealing it.

      --jeff++

      --
      ipv6 is my vpn
    2. Re:infection or cure by radish · · Score: 1

      Anyone who touches any code, under any license, without understanding that license and the freedoms it grants (or doesn't grant) is an idiot. So anyone contributing to GPL'd code is doing so understanding the implications and of their own free will. So your argument is entirely moot - the contributor in question has willingly given up whatever rights the GPL restricts (to be honest the credit issue seems unimportant to me, but maybe that's because I don't need to stroke my ego everytime I read a source file).

      Don't like it? Don't contribute - use BSD code or whatever else floats your boat.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

  51. Exactly the opposite of the truth by Paul+Crowley · · Score: 1

    No, compatibility is generally one-way. The MIT license is GPL-compatible: that means you can combine code written under the MIT and GPL licences and release the combination under the GPL. However, you cannot release it under the MIT licence: in this sense, the GPL is not MIT licence compatible.

    Not to let the facts get in the way of you spouting nonsense, or anything.

  52. A Tale of Apache and it's use of GPL software by ChaoticCoyote · · Score: 3, Interesting

    I've been arguing parts of this issue since late last week, when I was contacted by members of Apache Cocoon in regard to their use of my software, Jisp.

    A few months back, I began migrating all of my "free" software from the libpng/zlib license to the GPL. Let's not get into the reasons why I made the change; the change is made, and I'm pleased with it.

    The Cocoon people discovered my license change, and opened a dialog. In their view, my use of GPL would force them to remove Jisp from Cocoon. They requested that I either change my license or add Jisp to the Apache collective. Beyond a few miscommunications, the discussion was pleasant and educational.

    My software remains under the GPL (or a commercial license, for those so inclined). I did not want to join Apache, as I have already committed myself to FOSS (Free and Open Source Software) projects that are more closely aligned with my business and personal interests. I did not want to "give" Jisp to Apache, either, given that I have several paying customers who might be uncomfortable with such a move --and my personal interest in keep Jisp a small, one-man project.

    In the end, Cocoon may not even need Jisp , rendering this an intellectual debate as opposed to a practical one.

    Most of Cocoon's members were quite polite; a few were quite pushy and arrogant, although some of that may be due to the crossing of language barriers. In the end, I think we've reached a point of mutual respect. People can disagree on these issues, and remain friends.

    Licensing issues are rapidly approaching the contentiousness of fundamentalist religion; people are Balkanizing the FOSS world over the finer points of dogma, rather than building a common framework in which we can all thrive.

    1. Re:A Tale of Apache and it's use of GPL software by Anonymous Coward · · Score: 0

      Sorry, but some of your mails to cocoon-dev can be considered as arrogant too.

      GPL is in my opinion not really free because you're forced to many things if you use it ...

    2. Re:A Tale of Apache and it's use of GPL software by Yobgod+Ababua · · Score: 1

      "people are Balkanizing the FOSS world over the finer points of dogma, rather than building a common framework in which we can all thrive."

      Amen.
      WE ARE NOT THE ENEMY.

  53. At least they are talking now... by Carl · · Score: 4, Insightful
    It seems that the Apache hackers and FSF hackers are finally talking. See the request for more info from Eben Moglen plus is explanation why he thinks there is an issue with the patent retaliation clause:
    Email message from Eben Moglen on license-discuss

    But why do they do this through public statements on their webpages and/or public mailinglists. Can't these people lookup each other phone number? Really, if I honestly needed an opinion on something which seems so important as this from either the FSF or the Apache Foundation I would call them up (or send a private email) asking to discuss this in person to clear up any confusion that might result from random statements on some website and/or mailinglist. Neither the FSF or Apache did the community as a whole a service by not trying to talk this out first before publishing all these statements about each other.

  54. I agree, but Not entirely by Bill,+Shooter+of+Bul · · Score: 5, Insightful

    In this particular instance I agree with Linus. However, it is very annoying that whenever there is an argument some one always posts Linus' opinion and presents it as THE ANSWER. He's just one famous nerd. Nothing more. You know what the buddists say.. If you meet Buddha waking down the road Kill Him. He will only be a distraction on your road to enlightement.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
    1. Re: I agree, but Not entirely by Anonymous Coward · · Score: 0

      You know what the buddists say.. If you meet Buddha waking down the road Kill Him. He will only be a distraction on your road to enlightement.

      Yeah - it's funny how Buddhists believe that a living, breathing Buddha would be a hindrance, but have no problem with worshipping giant Buddha idols. Maybe these exotic eastern religions aren't as wise as we poor westerners like to think.

    2. Re: I agree, but Not entirely by Anonymous Coward · · Score: 0

      Eh, they do not whoship Buddah as such, well some may but it's not the intention

    3. Re: I agree, but Not entirely by mysticalreaper · · Score: 1

      He's just one famous nerd. Nothing more.

      And the original author of probably the most influential piece of GPL software in the world. And he's not famous for being a nerd, as you describe. He's famous for KNOWING what he's talking about. Really. He's not the leader of Linux because he has to be, or because he's somehow cheated his way in. He's leader because the others trust him. And they trust him because he's a very good coder. And thus, his opinion DOES carry weight.

      It's like you, a footsoldier, saying "Well he's just the General, his opinion isn't any better than mine!" But see, it's not just anyone who becomes a general (in a properly run army). They become general because they're BETTER than the others. And that's what i'm claiming, that Linus is still in charge of Linux because he's better. And therefore, his opinion carries a lot of weight. More even, than yours.

    4. Re: I agree, but Not entirely by OverlordQ · · Score: 1

      You know what the buddists say.. If you meet Buddha waking down the road Kill Him. He will only be a distraction on your road to enlightement.

      Think before you speak. I cant even count how many times that violates their beliefs.

      --
      Your hair look like poop, Bob! - Wanker.
  55. ASL by Anonymous Coward · · Score: 0

    16/F/NYC

    U?

  56. Relicensing BSD code by Anonymous Coward · · Score: 0

    Where on earth did you hear this? Of course you cannot relicence the code, you're not the copyright holder. Only the copyright holder can relicence code.

    You can relicense BSD code under the GPL because the copyright owner has given you permission to do precisely that. BSD without the advertising clause that is - if the advertising clause is present, you can't GPL it because the advertising clause is incompatible with the GPL license.

    Now if you don't like this line of thought, don't use the BSD license without the advertising clause.

    Licenses are fun! You could spend your whole life studying them and never get anything else done.

  57. ahem non story by linuxislandsucks · · Score: 1

    Hint whne has the ASf lciense been compatible with GPL?

    This is a non story and should have never been on the front page, yawn?

    --
    Don't Tread on OpenSource
  58. SCO and BSD by Mr.+Underbridge · · Score: 1
    If BSD were as popular as Linux, then it might be in serious trouble right now because SCO could claim that all their contributions to it, in fact, remained proprietary. In contrast, the fact that Linux is covered by the GPL gives Linux a strong defense against SCO's claims, given that SCO itself has distributed it.

    1, if you count Apple as BSD, and it is now, then I expect BSD is that popular. 2, SCO has actually claimed that - they've threatened reopening the 1994 decision, saying there are terms of the sealed agreement that could screw peoeple. No, that argument doesn't make any sense, but they are addressing the whole BSD thing in their spare time. It just so happens that IBM is involved with linux, not BSD.

    And the issue over BSD code ownership is not resolved: SCO is still making claims about it. If BSD ever becomes important enough, they may go to court over it.

    As above, they just don't have a deep-pocketed plaintiff with whom they have a prior relationship with the BSD angle. But it's definitely high enough in profile.

  59. Who should be compatible with who? by DeVilla · · Score: 2, Insightful

    It sounds like there is a notion that there is something wrong with the new license for not being GPL compatible and that it should be changed. To some degree, it sounds like the new Apache license in safer and if anything, GPL should try to be more like it.

    Sure, there's history and momentum to deal with, but are we going to be as inflexible and lethargic about improving our licenses as proprietary companies are with improving their code? The licensing issue needs to be dealt with, but lets try not to kill the better license. The patent clause ought to be added GPL, not removed from ASL.

  60. OpenBSD balking also by sleepingsquirrel · · Score: 2, Informative
    But it not just the folks at the FSF who aren't fond of the new license. OpenBSD is apparently not going to include anything licensed under the APL 2.0. Mr. de Raadt says...
    The new apache license is not acceptable. Code written under that new license will never go into our tree. Look, I am quite frankly getting sick and tired of this. It is time for the user community to tell these software developers who have gotten themselves involved with lawyers to stop it. They are NOT making their software better, they are NOT protecting anyone, and they we NOT making their software any more free when they add new terms. As of this moment in time, therefore, it looks like the httpd in OpenBSD has now become a fork. It will continue to be managed under the existing license.
    1. Re:OpenBSD balking also by endx7 · · Score: 1

      Mr. de Raadt says...

      [...] As of this moment in time, therefore, it looks like the httpd in OpenBSD has now become a fork.

      They include a web server with/in the OS? *shudder*

  61. Reminds me of a Simpsons episode by UnknowingFool · · Score: 1
    All this back and forth between GPL and non-GPL reminds me of Who Shot Mr. Burns II:

    Bart: Aren't we forgetting someone...Sister Suspect?
    Lisa: [chuckling sheepishly] I was just getting to me. Because of Mr. Burns, they canceled my jazz program, and my friend Tito Puente got fired...but _I_ could never shoot someone.
    Bart: Could so.
    Lisa: Could not.
    Bart: Could so.
    Lisa: Could not.
    Bart: Could so!
    Lisa: Could not!
    Homer: [interrupting] Kids, kids, kids. As far as Daddy's concerned, you're _both_ potential murderers.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  62. Licensing could kill OSS/FS by MisterFancypants · · Score: 3, Insightful
    When people look at the failures of OSS/FS, they seldom mention licening issues, despite the fact that these are one of the major barriers to OSS/FS adoption. If the people who are creating the licenses can't even agree on them being compatible or not, how is a company supposed to judge this? And if they can't judge this for sure, how do you expect them to use any of this software, when it potentially opens them up to legal risk?

    The OSS/FS movements really need to get their licensing 'ducks' in a row...

  63. Nobody Expects the Spanish Inquisition by Anonymous Coward · · Score: 0

    You know, you'll be burned as a heretic by the Rev. Stallman for doubting the Holy GPL. At the very least, he'll sentence you to torture in The Comfy Chair for your sins.

    Repent, sinner! Believe in the One True License. It is not too late to save your soul.

  64. Heresy by Brandybuck · · Score: 2, Funny

    The interpretation of the GPL license is not just the opinions of individuals in the FSF... people should look at the ASF2.0 and GPL licenses to see if they really are compatible.

    Heresy! The GPL means exactly what RMS says it means. No more and no less. Suggesting that people should read the GPL for themselves, indeed! Next thing you know you'll be suggesting people read the Bible for themselves instead of trusting in the Pope!

    --
    Don't blame me, I didn't vote for either of them!
    1. Re:Heresy by dheltzel · · Score: 1
      Next thing you know you'll be suggesting people read the Bible for themselves instead of trusting in the Pope!

      Or that people read the EULA's instead of trusting in Clippy!
      Preposterous indeed.

  65. Yes, your claim is the opposite of the truth. by then,+it+was+nigh · · Score: 1

    No, compatibility is generally two-way; you just don't understand what license compatibility means. If I take some code distributed under license A and some code distributed under license B and combine them with some of my own code to make a new program, then when I distribute that program, I'm required by copyright law to abide by the terms of both license A and license B, or else I'm infringing on the copyright of one of those two code pieces. If licenses A and B conflict with each other, so that it's impossible to simultaneously abide by the terms of both licenses, then the licenses are said to be incompatible; otherwise, they are compatible. In other words, saying that licenses A and B are compatible means that you can combine code under license A and code under license B and distribute the result; it does not mean that you can distribute the result under the terms of just license A or just license B.

    So in your example, if you take a GPLed program and add to it some MIT-licensed code and then distribute the result, you must abide by, at a minimum, the conjunction of the terms of the GPL and the MIT license. Now, it happens that the terms of the GPL are a strict superset of the terms of the MIT license, so that one can simultaneously abide by the terms of both licenses simply by abiding by the terms of the GPL; but this is not required of license compatibility in general.

    Not to let the facts get in the way of you spouting nonsense or anything.

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    sed 's/In Soviet Russia/In NSA America/g' < yakov-smirnoff-jokes.txt
  66. Asia Has a License to Steal Software by Anonymous Coward · · Score: 0

    Since Asia steals most of its software anyway, they don't need other alternitives to the GPL. After all, "ownership" is such a Western concept.

  67. pot...kettle...black by Anonymous Coward · · Score: 2, Interesting

    Licensing issues are rapidly approaching the contentiousness of fundamentalist religion; people are Balkanizing the FOSS world over the finer points of dogma, rather than building a common framework in which we can all thrive.

    You mean like when people withold permission to use their free software with other free software because of dogmatic adherence to their One True License?

    To put it bluntly, you are part of the problem. Either stop preaching or start dual-licensing your code.

    1. Re:pot...kettle...black by ChaoticCoyote · · Score: 1

      I am looking for harmony; no matter which license I use, zealots from other camps jump to the attack, accusing me of heresy. Frankly, I think they're full of dung -- similar to people who pose critical Slashdot messages as anonymous cowards. ;)

    2. Re:pot...kettle...black by Xenographic · · Score: 1

      This is not the way to form a consensus.

      That will only fragment the good code into unusable pieces, far less useful than they could be as a whole.

      The proper way to go about this is to bring the Open methodology to the licensing as well as the software. If we can negotiate to work together, we can avoid needless fragmentation and forking, and work together, rather than at cross purposes.

      The best thing to do is remain clam, discuss these issues rationally, and work to come to some mutually agreeable understanding here. Not to do so would make no sense...

    3. Re:pot...kettle...black by Cid+Highwind · · Score: 1

      Sorry to be AC, I was posting from my work machine.

      Really though, you can't have it both ways. Either you can decry license fundamentalism on slashdot, or you can keep your free code out of other free software projects over licensing dogma, but doing both is pretty hypocritical.

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      0 1 - just my two bits
    4. Re:pot...kettle...black by ChaoticCoyote · · Score: 1
      Sorry to be AC, I was posting from my work machine.

      No problem; I understand.

      Really though, you can't have it both ways. Either you can decry license fundamentalism on slashdot, or you can keep your free code out of other free software projects over licensing dogma, but doing both is pretty hypocritical.

      Choosing any license is going to be controversial with someone; even releasing code into the public domain upsets some people. I'm not trying to have it both ways; while I would like to see some common ground in the FOSS world, I have to have some sort of license, and therefore can't avoid some people who want to be very partisan.

      I chose the license that worked best for me, based on several criteria. I have no beef with the Apache license; in some ways, it is preferable to the GPL, and in some ways, it isn't. It is possible to have different views based on context.

  68. Ducks in a Row by Anonymous Coward · · Score: 0
    The OSS/FS movements really need to get their licensing 'ducks' in a row...

    Ah yes Black Duck tracking 100+ FOSS licenses, compatibility .. against source, downloads, installs from 100K+ projects ...

    But then one might just consider GPL compatibility update per blog

  69. Just like Intel... by Anonymous Coward · · Score: 0

    APACHE WAS SIMPLY FOLLOWING IN GPL'S FOOTSTEPS.

    lowercase lowercase lowercase lowercase lowercase lowercase

  70. The difference by Chuck+Chunder · · Score: 1

    is that once programmers work out these licences are incompatible they will simply not combine them.

    With management, sales and supervisors you can point out that two things they want are contradictory or mutually exclusive and they'll still want you to deliver both things. ;P

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    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  71. GPL section 7 by Xtifr · · Score: 1

    Actually, the rebuttal seems to be based on section 7 of the GPL, in particular: "if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program."

    Which is a much more interesting argument, it's actually changed me from certainty that the ASL2 is incompatible to reserving judgement until I have more time to analyze and consider.

  72. Who Cares by Anonymous Coward · · Score: 0

    Apache is the Open Source star child. Nothing else matters as much as Apache. I would use Apache no matter what. Don't tell them but I would even pay for it.

  73. Economic Incentives by Arker · · Score: 1

    If you define economic strictly in terms of money, then no Free Software license exactly offers economic incentives. But the GPL offers far less disincentive than the BSD license in that case - because the terms of the GPL mean that your competitors are not allowed to leverage your work to compete with you without divulging their own work for you to leverage in turn. Therefore, from the economic standpoint as defined above, the GPL does offer economic incentives strictly in comparison with licenses like the BSDL.

    Once you realise that economics isn't just about money per se, you see that there is indeed an economic incentive involved - other peoples work and code. If you have software you want to exist - where control of that software isn't so important to you but it's existence, maturity, and performance are, then the GPL offers great incentives. This is the case if, for a single example, you are a hardware manufacturer. You need software to run on your hardware, otherwise no one will buy it. Control of the software isn't critical - your business plan is built on hardware sales, not software licensing fees. In that case, and many others, it makes great sense economically to use the GPL.

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    1. Re:Economic Incentives by Anonymous Coward · · Score: 0

      "Once you realise that economics isn't just about money per se" Good God. I said it was useless to debate slashdot types...

      See the entertaining article 'Are the "Open Source" advocates mentally healthy?' at:

      http://members.aol.com/erichuf/Linux4.html

    2. Re:Economic Incentives by Anonymous Coward · · Score: 0

      "Once you realise that economics isn't just about money per se" Good God. I said it was useless to debate slashdot types...

      Uh huh.

      Well, thanks for clearing that up for us.

    3. Re:Economic Incentives by Arker · · Score: 1

      Laugh all you want, it's a fact, economics is about value and while that usually works back to money, money is only important as a convenient medium of exchange, not as a value in and of itself. Particularly obvious in these days of fiat money. Barter is no less economic an activity than trading with currency, and the GPL is a form of barter - my code for yours.

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  74. Followup analysis by Xtifr · · Score: 1

    After considering the possibilities, I think the Apache folks are wrong, and their license IS still GPL-incompatible.

    The flaw in their rebuttal is when they say: "In other words, the GPL says that you cannot redistribute software that is covered by a patent wherein the patent is not licensed free for everyone." But that's not true. The requirement is that the patent be licensed for use UNDER THE GPL! Thus, for example, IBM has licensed some of their patents for use under the GPL so that Linus would accept their code, but they (IBM) still reserve the right to sue, say, the SCO Group for using their patented methods in SCO Unixware.

  75. flawed analysis by Xtifr · · Score: 3, Informative

    Code released under the GPL may be included in projects with thse liceances:

    GPL


    Nope. Or to be more precise, that's only partially true. The project as a whole must be considered to be under the GPL if portions are GPL'd, but portions that are not GPL'd, but are merely under a compatible license, are still under that compatible license. Thus (practical actual working real-world example here), I have a project that is BSD'd except for one module (an EMACS connector) that is GPL'd. Thus, the whole thing is distributed under the terms of the GPL, but the module is completely separate, and if you delete it, what you are left with is a BSD'd project. If the GPL prevented this, I would have to distribute the module separately, which would be stupid and pointless, but it doesn't, so I don't.

  76. technical nit: relicensing vs. sublicensing. by Xtifr · · Score: 3, Interesting

    The BSD license allows sublicensing. It does not allow relicensing. While not directly relevent to the current debate, this is an important distinction, and it grates on my ear to hear people talking about relicensing the code.

    1. Re:technical nit: relicensing vs. sublicensing. by Crispy+Critters · · Score: 1
      "The BSD license allows sublicensing. It does not allow relicensing."

      Could you explain the distinction?

      Is it that "sublicense" means acting within the provisions of the original license, and "relicense" means replacing the original license?

  77. If its compatable? by Anonymous Coward · · Score: 0, Interesting

    Then why don't they just use the GPL?

  78. American Sign Language 2.0? by JM+Apocalypse · · Score: 1

    Wow .. I'm sure glad that it is GPL compatible.

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    Orppf urp mf y.ppcxn. yflcbi otcnnov C am yflcbi yr n.apb Ekrpatv (Dvorak -> Qwerty)
  79. A link by Arker · · Score: 1

    One of the times this has come up on the kernel list. You can see this in thread view search the page for BSD and read the entire thread if you want.

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  80. Good insight, thanks by Paul+Crowley · · Score: 1

    This is a useful insight, thanks. You discuss two relations between licenses: one of compatibility ("~"), which is symmetric and reflexive, and one you call "superset", which defines a partial ordering on licences ("]"). Now note that "X [ Y" implies "X ~ Y", since if in meeting the terms of X you automatically meet the terms of Y, then you can always distribute a combination under the terms of X. (In fact you can define "~" thus: "X ~ Y" <=> \exists Z st Z [ X and Z [ Y and Z permits free redistribution)

    I used "compatibility" to refer to the latter property, but you're right that the former property is a better fit for the word. I was misled because the GPL has the property that "GPL ~ X" implies "GPL [ X" - the only licences that are compatible with the GPL are those which are strictly more permissive.

    I think this property still means that the poster I replied to was wrong in substance - the GPL is not an "equal partner" with the MITL. They're only "getting along" because the MITL is prepared to do everything the GPL says. Some partnership!