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VIA Pulls PadLockSL

yipyow writes "A few weeks ago VIA Technologies posted software based on Nullsoft's WASTE, as reported here a few days ago. VIA PadLockSL included both a Windows and Linux client and some special extensions to work with security hardware built into certain VIA products. It was released under the GPL so I managed to snag a copy of the source code right before VIA suddenly removed their page (Google cache). I have posted Linux compilation instructions and mirrored the source here. If VIA has decided not to pursue the project further, I think the F/OSS community should turn this project into something, it has potential to be a great tool."

60 of 233 comments (clear)

  1. Be careful by Oculus+Habent · · Score: 5, Interesting

    It might be a good idea to find out why it was removed. Perhaps they discovered a license violation and took it down to prevent a lawsuit. While noble, the automatic assumption that they simply don't want to pursue the project could be placing yipyow in an actionable position.

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    1. Re:Be careful by Anonymous Coward · · Score: 2, Interesting

      It might be a good idea to find out why it was removed. Perhaps they discovered a license violation and took it down to prevent a lawsuit. While noble, the automatic assumption that they simply don't want to pursue the project could be placing yipyow in an actionable position.


      Well the thing is they can't do anything about it now, once they released it as GPL even if they didn't mean to, then it's GPL forever baby.

      No going back on your word when company politics might prevent things, or saying "oops" like that, the GPL designed to prevent this kind of bickering.

    2. Re:Be careful by Oculus+Habent · · Score: 5, Informative

      then it's GPL forever baby

      Not if some of the source is based on a license that doesn't permit use of the GPL. If they accidentally included some proprietary or closed source to which they didn't have full rights, then their release of the software under GPL would be illegal.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    3. Re:Be careful by lotsofno · · Score: 5, Informative
      Perhaps they discovered a license violation and took it down to prevent a lawsuit.
      They gave Nulloft/Justin no credit for their work, even though the headers clearly had WASTE code in it, their work reports included with the source code mention finding/researching a certain "open source project", and even Justin's documentation was nearly copied and pasted for their User Guide.

      All of that was reported on here.

      The only reference to WASTE that you could mentioned on their page was buried in a forum discussion.
    4. Re:Be careful by SacredNaCl · · Score: 4, Insightful

      Perhaps they decided that it would be counter to their interest in selling hardware encryption appliances which do the same thing. Why release software that can do the job of something you can *sell* hardware for?

      --
      Freedom is merely privilege extended unless enjoyed by one and all.
    5. Re:Be careful by lotsofno · · Score: 2, Interesting

      My apologies... It looks like VIA pulled that forum discussion, for obvious reasons. Google Cache doesn't seem to have it either, even though you can still see a bit of text in the Google preview.

    6. Re:Be careful by yipyow · · Score: 2, Interesting

      I see this possibility, but if it does, I will just pull the code down. Part of the reason of posting it to Slashdot was to ensure that I wasn't the only one with a copy. :)

    7. Re:Be careful by Halvard · · Score: 3, Informative

      It seems you are exactly right.

      I don't think so.

      Let's see. Nullsoft's employee posted it who has had the authority to post in the past. It appeared for how long (?) on their site listed as GPL. Their statement mentions nothing about infringement on others copyrights or patents.

      IANAL. To me, it seems me, however, that Nullsoft did in fact make this GPL software. If I were to use it, say, for remote encryption key generation linked to openSSL or openSSH or whatever, I'd consult my lawyer first but it looks like they've got no recourse. The post by AC I'm responding to claims that Nullsoft discovered a license violation which it doesn't, other than to now claim that it's copyrighted software. I think they might be able to claim that if you got it after that date, they've changed the license but if someone got it prior to that and reshared it with ANY mods, the GPL stands.

      This strikes me as akin to a company doing unauthorized work, billing for it and then hoping that you'll pay just because they sent you an invoice. Or better yet, you recieve an unsolicited radio in the mail in the mail from me. You turn it on and I attempt to bill you. In the US, it's a gift. No contract existed, I didn't ask for it and you sent me something with no legal strings attached. It's not a misshipped package. It doesn't matter if it's a $5 radio and you billed me $5 or a $5 radio and you tried billing me $5000.

    8. Re:Be careful by sangreal66 · · Score: 4, Insightful

      Again, you can only set copyright licensing terms if you own the copyright to begin with! The original WASTE was released under the GPL without permission by someone without the authority to license it (although he was the author, copyright is granted to the employer). Therefor the original GPL license is no more valid then if you were to release the leaked windows source under the GPL. That being said, unless VIA got permission from AOL to release it, they too licensed it illegaly making their GPL release invalid as well.

    9. Re:Be careful by Jeff+DeMaagd · · Score: 4, Insightful

      The first rule of the internet is like the first rule of the Westerns: download first and ask questions later.

    10. Re:Be careful by yipyow · · Score: 2, Interesting

      Read the link I posted in the original article under "security hardware". PadLockSL uses VIA security hardware to work faster. I had an article about this but have lost it, which compared a VIA C3 1 GHz using this software could generate a key in under 14 seconds or something, where it would take a dual Xeon 2.4 GHz around twice the time. If someone knows what article I'm talking about please post a link.

    11. Re:Be careful by yipyow · · Score: 2, Interesting

      I see this possibility...if VIA has a problem with it I will pull it off my web site (I probably should anyway, my upload bandwidth is hurtin'...). However VIA has not given any reasons for removing their page, for all I know they are having server problems (though I doubt this is the case). Other posters have mentioned that the original GPL release was invalid...this may be so, but if AOL was really interested in it why have they not taken action against the sourceforge project? Either way I'm happy no matter what happens here - even if I have to remove my copy of the code. I think a lot of you /.ers are paranoid. :)

    12. Re:Be careful by h4x0r-3l337 · · Score: 2, Informative
      IAAL. Your cursory analysis of the ownership and authority issue issue sucks.

      Here you go, Mr. Lawyer:

  2. additional mirror by negacao · · Score: 5, Informative

    Here's an extra mirror: http://evilpen.net/PadLockSL.src.zip.

    [Mirror posted in article seems to be slowing down, it's getting around 20k/sec at the moment.]

    1. Re:additional mirror by Anonymous Coward · · Score: 2, Informative

      You did catch the details that indicate you're doing a bad thing, right?

    2. Re:additional mirror by yipyow · · Score: 5, Interesting

      Yes, I saw this, but I don't think I'm doing a bad thing necessarily...if this is legit code, and a legit usage of the GPL, etc., then why are Nullsoft/others making such a big deal out of it? Open source projects get forked all the time, though VIA didn't exactly give WASTE proper credit, they did release it under the GPL. Many companies would just claim it was theirs entirely, and not release the code at all. If this is a legit usage of the GPL, and VIA don't want to support the community, the community can pick up the source code and use it however they can. That is (in my mind) how the Free Software world works, that's the whole point of releasing source code in the first place. PadLockSL is, as far as I can see, a legitimate derivative work as described under the GPL. Can anyone prove me wrong?

  3. Thank goodness for GPL conservators by Saven+Marek · · Score: 4, Insightful

    I wonder sometimes how many projects start up, fail for some reason, and then the code is lost. Not lost because it's proprietary but lost because it just goes the way of crumbs under the table? How much good work is going down the drain.

    I'm glad you managed to save the code, GPLd as it is it has the right to live or die according to popularity. Hope it works.

    shak's nude anime gallery

    1. Re:Thank goodness for GPL conservators by Overand · · Score: 5, Insightful

      This makes the assumption that the GPL license originally given for the original code is actually valid. The common point that people make is that Justin Frankel wrote the code while working for AOL, and depending on his contract with AOL, code he writes while working for them (or while in the office?) may be owned by AOL, meaning the license he put on the code may not be valid. Like someone pointed out earlier, if I stuck a GPL COPYING file in with the Windows 2000 source code, it wouldn't suddenly become legit. So if AOL didn't "authorize" the release of the program, the source code for waste is just as 'leaked' as the win2k source code.

    2. Re:Thank goodness for GPL conservators by Trailer+Trash · · Score: 2, Insightful

      This makes the assumption that the GPL license originally given for the original code is actually valid. The common point that people make is that Justin Frankel wrote the code while working for AOL, and depending on his contract with AOL, code he writes while working for them (or while in the office?) may be owned by AOL, meaning the license he put on the code may not be valid.

      It can be owned by AOL and still GPL'd. The real question is whether Justin Frankel has the organizational standing to make a decision like that. There's no "AOL" to authorize the release of the program; rather, there are people within AOL who have the standing to make such decisions.

      I'm assuming that Justin isn't one of them given that it was pulled from their website.

    3. Re:Thank goodness for GPL conservators by theLOUDroom · · Score: 2, Insightful
      This makes the assumption that the GPL license originally given for the original code is actually valid. The common point that people make is that Justin Frankel wrote the code while working for AOL, and depending on his contract with AOL, code he writes while working for them (or while in the office?) may be owned by AOL, meaning the license he put on the code may not be valid.

      Nope.

      There are really several possibilities here:
      1. Fankel owns the code. If this is true, the GPL release is valid.
      2. AOL owns the code.
        1. If AOL owns the code and Frankel had no authority to release code, the release would be invalid.
        2. But even if AOL owns the code... if Frankel, acting on behalf of AOL released the code, the GPL sticks.

      That's the key thing here, Frankel is the person who released Winamp, etc.

      It's fairly easy to suggest that he had the authority to release code. This makes his decision also Nullsoft's decision. He essentially had the authority to represent Nullsoft and act in its interest, and so his actions should be legally treated as actions of nullsoft.

      Any ruling that would let AOL retract the release of WASTE would make it ridiculously easy for companies to slip out of contracts they didn't like, but allowing companies to claim that the person who acted on their behalf (signing the contract) was not authorized, despite it seeming clear at the time that he was.

      Example:
      I could start a company and create a division called "emptysetsoft" and make Joe the head of it. Joe buys and sells houses as part of his duties for emptysetsoft. One day Joe makes a deal I don't like so I fire him, and then claim that Joe was making unauthorized deals. I demand that deal and only that deal be reversed.

      See the problem? Joe clearly had the authority to make deals on behalf of emptysetsoft.

      Has AOL claimed Frankel's releases of Winamp were unapproved and thus invalid? No.

      --
      Life is too short to proofread.
  4. Unauthorized software? by RonnyJ · · Score: 5, Informative

    Perhaps this has something to do with it?

    1. Re:Unauthorized software? by Rostin · · Score: 3, Informative

      Unfortunately you have to know a little history that wasn't explained to "get" this story. After NullSoft (who produce Winamp) was bought out by AOL, a Winamp programmer wrote Waste and posted it to their site (evidentally on May 28, 2003). AOL got mad and made them take it down and posted this notice. Now, VIA (from the sounds of it) has taken what is obviously source code from Waste and turned it into a new program. The parent is speculating that the reason VIA has now taken down this new source is that the original work is not actually and legally GPL'd.

  5. Re:De-ja Vu? by Anonymous Coward · · Score: 4, Insightful

    The GPL is irrevocable, so they can't revoke it. The only "official" things they can do to stop people developing it further are:

    • Claim that the employee didn't have permission to release it under the GPL, or
    • Claim that they didn't have permission from the original copyright holder (as AOL claim WASTE wasn't really released under the GPL), or
    • Stay quiet and hope AOL go after the others and not them.

    Given that the second option would be an admission of copyright infringement, and the first option is on shaky ground, I can see them choosing the last option.

  6. Windows Binary Mirror by wang33 · · Score: 5, Informative

    I ganked the windows binary before it was pulled if anyone cares get it here PadLock

    Wang33

    --
    PAGERANK++ Robsell.com
    1. Re:Windows Binary Mirror by wang33 · · Score: 2, Informative

      Also source file here, should be a little faster than negacao's line down to 1.86kb/s when i got the source from him(her?), but we shall see how good DreamHost is... Pad Lock Source

      Wang33

      --
      PAGERANK++ Robsell.com
    2. Re:Windows Binary Mirror by zeeboy · · Score: 2, Funny

      Wow, I didn't know anyone actually lived in North Dakota ;>

      We should post peoples info more often, it's a lot more interesting when you know where someone is from.

  7. Security chip and continued development. by Brobock · · Score: 4, Interesting

    Although without the support of VIA how would one keep developing this since it uses their security hardware. As chip design changes, you would need to know how to make calls to the chip or the program becomes useless... Does VIA offer documentation on their chipsets?

    1. Re:Security chip and continued development. by Overand · · Score: 4, Informative

      No, it doesn't. I've used on non-via hardware. Where did you get the idea that it requires their hardware?

    2. Re:Security chip and continued development. by cheeser · · Score: 2, Funny

      Rectal extraction?

      --

      --
      http://cheeser.blog-city.com

  8. To Quoeth The Homer... by uberlinuxguy · · Score: 3, Funny

    Forbidden Code... *drool*

    --
    The Uber
    http://www.tulg.org/
    http://devurandom.livejournal.com/
  9. Possible unlawful use of code by Richard_at_work · · Score: 5, Insightful

    People might want to consider that the release of WASTE was indeed unlawful under current law, AOL/Nullsoft was within their rights to withdraw the code and the GPL was applied to the code under wrong circumstances. A lot of people have mentioned in previous WASTE related stories something to the tune of "It was GPLed, I dont care who GPLed it, Im not discontinuing my use or distribution of it" while not actually considering that just because it had the GPL applied to it, the GPL was lawfully applied.

    Since this product was based on WASTE, this is possibly why it was taken down, and if so, then the fact that a major company thinks the GPL wasnt applied lawfully to it, then Im inclined to think that all the other archives of it around are infringing as well.

    Just my 2 cents on the matter. In the origional WASTE story, i offered to mirror the source code. I did this until i actually sat back and thought about it, then I removed the code because I didnt think its release was lawful.

    1. Re:Possible unlawful use of code by jdreed1024 · · Score: 4, Informative
      A lot of people have mentioned in previous WASTE related stories something to the tune of "It was GPLed, I dont care who GPLed it, Im not discontinuing my use or distribution of it" while not actually considering that just because it had the GPL applied to it, the GPL was lawfully applied.

      Seriously. This is the kind of attitude that Steve Ballmer and folks can point to and say "See how viral the GPL is? Some guy under contract to AOL simply put the word GPL in the source - they didn't even have to make sure the release complied with the terms of the GPL, and now AOL's valuable IP is gone." And then millions of PHBs will ban the use of the word GPL in their offices, because Ballmer provided 'proof' that it was bad.

      The GPL does not let you take any source code anywhere and release it under the GPL. If it did, we'd have seen GPL'd Windows 2000 from the leaked MS source, and a GPL'd version of every piece of source that was ever leaked onto the net. Heck, we could solve Xfree86 problem in a second - someone just grab the latest source with the annoying license, untar it, stick in a GPL LICENSE and COPYING files, tar it back up, and distribute it. Bingo - problem solved. Yet for some strange reason, no one has done that yet. Because it's not allowed. I bet even RMS would agree with that.

      The GPL provides an awful lot of protection, but that all goes out the window if the inital release under the GPL was unlawful. And one such case would be if you signed an employment contract stating that any code you wrote was property of the company. If you plan to work on GPL stuff, either get a waiver beforehand, or find another job. But you don't get to decide that part of your contact doesn't apply because you don't like it or feel it's "wrong". If so, I could decide that I don't feel like repaying my car payment, or that I want to knock down a few walls in my apartment, regardless of what my lease says. The courts get to strike down parts of a contract after it's signed - the average person doesn't.

      --
      There is no sig, there is only Zuul.
    2. Re:Possible unlawful use of code by swv3752 · · Score: 2, Insightful

      Most likely was lawfully posted and AOL does not have a legal leg to stand on. That doesn't mean that AOL can't bully you though. If the Head of comppany does not have legal authority to publish something, then who would?

      The problem is proving that Frankel caved to pressure from AOL. The Feds could not prove that Capone was a Gangster. Yet everyone knew he was one anyways.

      --
      Just a Tuna in the Sea of Life
    3. Re:Possible unlawful use of code by theLOUDroom · · Score: 2, Insightful

      People might want to consider that the release of WASTE was indeed unlawful under current law, AOL/Nullsoft was within their rights to withdraw the code and the GPL was applied to the code under wrong circumstances.

      You state that as if it's a fact, but it's actually your opinion and one I don't agree with at all.

      If I work for a store, and it is normal duty of mine to do sales and quote prices. I'm am acting on behalf of that company when doing so.
      If I work for Nullsoft and it is my normal duty to release software, I am acting on behalf of nullsoft when I do so.
      If I have been delegated the authority to release software, and I release a software package, Nullsoft has just released that software package.

      The person who release WASTE was pretty much, THE GUY at Nullsoft. While AOL, may not have liked Nullsoft's actions, the person releasing the software clearly had the authority to make them.
      This would be like one of Apple's VPs setting ipod prices at $200, and then Apple later demanding that everyone who bought an ipod for $200 give them back.

      The rest of the would had a reasonable right to believe that Apple really meant to sell ipods for $200. There's a big difference between making a business decision that is unpopular with your higher ups and doing something you aren't authorized to do.

      --
      Life is too short to proofread.
    4. Re:Possible unlawful use of code by Jah-Wren+Ryel · · Score: 2, Insightful

      the fact that a major company thinks the GPL wasnt applied lawfully to it,

      Sorry, but what a "major company" thinks about the application of the GPL doesn't mean shit (see that other long running story about this company called SCO). What matters is what the courts think and while I can completely understand not wanting to get embroiled in a court case, that doesn't mean you need to rationalize it by handing moral authority over to an organization that has, as its stated goal, complete self-interest without regard to the interests of anyone else.

      There are a lot of mitigating circumstances regarding AOL's claim that WASTE was not authorized for release and they've been pointed out many times in each WASTE thread here on slashdot. In my opinion, the strongest point is that Frankel is (or at least was, maybe he got the smack-down over the WASTE release) positioned sufficiently high enough up the corporate ladder to be reasonably considered to be able to act for AOL on matters of his business domain. Since he wrote WASTE, it is clearly in his domain, since he published under the GPL while in the position to act for AOL it is entirely reasonable to expect that, despite AOL's attempt to rewrite history, the WASTE code is lawfully licensed under the GPL.

      I suspect that, like yourself, Via did not want to risk testing the validity of the WASTE release in court, their project being little more than a technology showcase and not central to their business. But their decision has no bearing on the truth of the matter, only that they didn't care to spend the money to find the truth in court.

      --
      When information is power, privacy is freedom.
  10. I'd say by hopelessOne · · Score: 5, Informative

    this is the reason it was pulled:
    http://sourceforge.net/forum/forum.php?forum_id=36 8414

    Apparently, there were some GPL violations in the code but it doesn't sound like a permanent problem

  11. Re:I can see it already. by Snowmit · · Score: 5, Insightful

    Oh yeah, and for our protection, I think laws should passed worldwide that anything posted on the Internet and subsequently removed cannot be recalled once downloaded by at least one person, so that if a company releases something as GPL and then pulls it, even if that is due to copyright violations on their part in including the thing in a GPL download, that company is subject to damages but not the downloaders, since they downloaded something as licensed under the GPL.

    In other words, you want the international community to pass a law that makes it so that if someone steals my code and posts it online and then has a friend download it, I lose all rights to that code.

    That's a very bad idea.

    --
    I have a lot of opinions about Cyborgs and Architects
  12. Re:Not a troll by DrSkwid · · Score: 4, Insightful


    What *are* you talking about.

    The idea isn't being hurt, just 1 particular project.

    You cannot release someone else's code under a different license without their permission. This is exactly what keeps GPL software *free* so how could it possibly be ironic?

    Licenses are *necessary*. They are, in essence, a contract between supplier and recipient. They detail that which each party can expect from the arrangement.

    Without the licenses that say 'do what you will with this' there would be no OSS to keep airborne.

    In case you hadn't noticed, OSS took off a long time ago.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  13. TEN FOOT POLE by ca1v1n · · Score: 4, Insightful

    If the Nullsoft release was unauthorized (what constitutes unauthorized is not as clear-cut as AOL would have us believe) then the fact that the code was GPL'd is irrelevant. Go roll your own people. Don't even look at the WASTE source. You'll be tainted.

    1. Re:TEN FOOT POLE by Sowbug · · Score: 3, Informative

      Go roll your own people.

      I'm working on it.

  14. Re:I can see it already. by Anonymous Coward · · Score: 2, Insightful

    You just wait. I give this thing about 30 days, and then people will start hearing from all kinds of lawyers, and we'll have another SCO on our hands, claiming we jacked source code which we did not, in fact, jack.

    Huh? Tell me, if I had a job as a janitor at Microsoft headquarters, and grabbed a copy of the Windows source code, would I be able to release it as GPL? And would the people downloading and spreading it be in the right? Of course not!

    This is essentially AOL's argument: that somebody released the WASTE code under the GPL when they had no right to. If that is true, then they acted accordingly - they pulled the source and put up a notice in its place.

    Now along comes VIA, who haven't got the message that their license is not valid. They "release" their derivative work, and then find out about the licensing screwup. They pull the software.

    No matter how many people have downloaded the code, none of them have a valid license. VIA were never in a position to grant licenses.

    So sure, if somebody is mistakenly under the impression that their license is valid, then they shouldn't be punished. But you are advocating ignoring the fact that the license is invalid, and committing copyright infringement.

    But instead of using it to build the product, use it to plan a completely new design, and build that as a separate project altogether, using none of the original source code. Call it a different name, make it do slightly different things... when they come to bitch and moan, the damn thing won't share any lines of code. Shit, if there's int i in that source, our version should define int to INT and write INT i, just to throw off code comparison.

    No, that's a derivative work, and is also covered by AOL copyright. Any attempt to "throw off code comparison" would be strong evidence that you knew that the license wasn't valid, which, I believe, triples damages when you inevitably lose the copyright infringement lawsuit.

    Oh yeah, and for our protection, I think laws should passed worldwide that anything posted on the Internet and subsequently removed cannot be recalled once downloaded by at least one person, so that if a company releases something as GPL and then pulls it, even if that is due to copyright violations on their part in including the thing in a GPL download, that company is subject to damages but not the downloaders, since they downloaded something as licensed under the GPL.

    So the janitor at Microsoft snarfs the source code, gets a new job at Sun, and uploads it onto their servers. Bingo, Free Windows, no more Sun.

  15. Re:Via's RNG publicity and a conspiracy theory... by OlivierB · · Score: 2, Informative

    Gaim-e and gaim-encryption aren't exactly user friendly. They are not easy to configure and install. Especially on windows machines. Moreover Gaim-e is Open source. So the agencies couldn't really call up a CEO or something and have them removed could they?

    The only thing that is a little mainstream (because it's easy to use and install) is Trillan. However it is closed source (possible back door) and the key generation isn't fully documented. Cerulean studios could have been obliged to give up their keys..

    Padlock had it all: Open source, Secure and could potentially become maintream as it is easy to install (in windows) and cross platform

    --
    Artificial intelligence is no match for natural stupidity
  16. Re:Gave Nulloft/Justin no credit by ShieldW0lf · · Score: 4, Informative

    They gave Nulloft/Justin no credit for their work, even though the headers clearly had WASTE code in it, their work reports included with the source code mention finding/researching a certain "open source project", and even Justin's documentation was nearly copied and pasted for their User Guide.

    So what? Correct me if I'm wrong, but did VIA not make substantial additions to the functionality of the code, GPL'd their source and released it back to the community? That is the extend of their obligations according to the license that the WASTE author elected to use when he released his source, is it not?

    --
    -1 Uncomfortable Truth
  17. don't do that by hak1du · · Score: 5, Insightful

    Merely the fact that the software had a GPL copyright on it and happened to be available somehow doesn't mean that you can redistribute it. Until a piece of software has been intentionally released by its owner under the GPL, it is not covered by the GPL.

    Furthermore, one of the most likely reason VIA pulled this is that they don't have the right to distribute it (patents, other people's copyrights, etc.). Then, even if you acquired a copy under the GPL, you couldn't use it because the GPL would be invalid.

    Also, the person posting it may not have been authorized to do so by the copyright holder (the company itself). That would also mean that you don't, in fact, have the right to use it under the GPL because the GPL is an agreement between you and the copyright holder (VIA), and VIA has not entered into that agreement with you.

    Even if you could get away with it legally for some reason, I really think it's a bad idea to behave that way. Good relations between VIA and OSS developers are essential in order to have Linux run well on their hardware. There is no hard-and-fast line, but in a situation like this (it seems it has had no widespread announcement, no user community, no external contributions), the creators of such a software package should be allowed to change their mind at the last minute.

  18. Re:Not a troll by tomstdenis · · Score: 3, Insightful

    Licenses are not required. That's just a myth spread by the FSF fudmachine.

    For example, you can quite easily give out public domain software. Of course you get the all-oft repeated argument "what if someone takes your code than turns it closed-source" to which I reply big fucking deal. I still can release my code openly. So if some company wants to use it on their own big deal. All the power.

    Actually a public domain approach is more free/open because it allows commercial developers to create solutions faster without having to re-invent the wheel [while getting it all wrong] and not having to release stuff openly [e.g. works well for BitMover and Sony so far ;-)].

    And before anyone replies with stupidity. I do appreciate GNU and GPLed software. I just don't use it for my own software. I can happily co-exist with the two licenses...

    Tom

    --
    Someday, I'll have a real sig.
  19. Re:I can see it already. by Snowmit · · Score: 3, Insightful

    I don't think I'm reading his post selectively.

    If someone steals my code, then posts it online under the GPL illegally and then other people download it, I don't think that those other people should have Carte Blanche to do what they want with my code. I think that if I inform them and can prove to them that they are using code that should never have been in the GPL, then they have an obligation to stop using my code.

    If we go with the great-grandparent's plan, then anything released under the GPL, no matter how it got there, would stay GPL. In other words, thieves would be totally free to steal and distribute code.

    Which is a very bad idea, I think

    --
    I have a lot of opinions about Cyborgs and Architects
  20. tum-te-tum... by Bazman · · Score: 2, Funny

    % cp /usr/src/linux/COPYING /downloads/KaZaa/WindowsSource/

    Hey presto everyone, GPL'd Windows Source code!!!

  21. Re:Gave Nulloft/Justin no credit by afidel · · Score: 4, Informative

    They didn't remove the copyright info, they copied it verbatim as the GPL licensing files. This is all they are required to do. The GPL does not have an advertising clause and in fact is incompatible with the "old" BSD license with the advertising clause.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  22. Re:Software is void, revoked and terminated. by BlueWonder · · Score: 4, Informative
    Can one really "revoke" a gpl computer license?

    No. But note that a piece of software is not necessarily licensed under the GPL just because it is accompanied by a text which claims so. Otherwise, I could legally redistribute (e.g.) Microsoft Windows by claiming it is under the GPL.

    If someone from Nullsoft posted the software to the website, they are acting as Nullsoft, even if they do so amidst objections of their co-workers.

    Most likely, the copyright of the software is and always was held by Nullsoft, not the author. Therefore, the author didn't have the right to license the software under the GPL (or any other license) in the first place. Same thing as the Microsoft analogy.

    This is also the reason why the Free Software Foundation requires copyright disclaimers from the employers of software authors. They don't want to suddenly find out that they never had any rights to a software which they allegedly distributed under the GPL.

  23. Re:Why? by drinkypoo · · Score: 3, Insightful

    Moderators: This person is not offtopic, they are WRONG. This is NOT "just a fancier GUI on WASTE". It is an entirely new GUI, and a different encryption algorithm. The RSA code was (C) RSA and including it in a GPL program is a GPL violation. The AES code used in Padlock SL is dual-licensable; The default license in the program is essentially BSD, but it says you can instead license it as GPL so long as you retain the original copyright notice. Sounds good to me.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  24. Re:Via's RNG publicity and a conspiracy theory... by Just+Some+Guy · · Score: 4, Insightful
    VIA's random number generator greatly increases the speed to generate the keys (ie faster than p4 2.6 ghz on VIA's 1Ghz proc).

    There are other hardware crypto accelerators. OpenBSD uses them to offload all possible crypto and random functions from the CPU whenever one is present. VIA's is nice, in that it comes with the computer, but $100 will get you the same functionality in a PCI card.

    Anybody here thinks that securei easy IM might not facilitate terrorist message interception?

    You mean, like Jabber with SSL? That cat's already out of the bag.

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    Dewey, what part of this looks like authorities should be involved?
  25. You are wrong. by warrax_666 · · Score: 3, Informative

    Dual license means that people get to choose which license they get (all of) the code under, license A or license B. (This is what Trolltech have done with QT, you can choose between the GPL or a commercial license).

    Wrt. the Win2K source code: If the Win2K source code were dual-licensed with one license being GPL, then, sure, you could take that code and start a new GPL project from it. However, it isn't/wasn't, therefore you would be infringing on Microsofts copyright to that code by distributing it (or derivative works!).

    It should also be noted that only the copyright holders of the code can release it under any given license; it doesn't count if someone takes the stolen Win2K code and just slaps the GPL in at the top of each file.

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    HAND.
  26. Re:Software is void, revoked and terminated. by theLOUDroom · · Score: 2, Interesting

    Most likely, the copyright of the software is and always was held by Nullsoft, not the author. Therefore, the author didn't have the right to license the software under the GPL (or any other license) in the first place.

    It's not that simple. If I work for a store, and it is normal duty of mine to do sales and quote prices. I'm am acting on behalf of that company when doing so.
    If I work for Nullsoft and it is my normal duty to release software, I am acting on behalf of nullsoft when I do so.
    If I have been delegated the authority to release software, and I release a software package, Nullsoft has just released that software package.

    Things need to work this way, otherwise it would be WAY to easy for companies to wriggle out of contract that became inconvenient.

    The exception would be when an employee obviously doesn't have the authority to do what they are doing (say a Microsoft intern releasing the windows source). Now if Ballmer himself were to release the Windows source code, even for a couple days, it would have to stick because he clearly had the authority to do so.

    In the case of Nullsoft, the guy who released waste, obviously had the authority to do so.

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    Life is too short to proofread.
  27. I love it! by daveman_1 · · Score: 2, Insightful

    This program is just too cool! There are some things it could obviously use, such as an easier way for users to share their public keys(ala PGP key servers. The use of actual PGP/GPG keys would be really cool too!) and a few dedicated hosts to start a network(because direct peer to peer isn't always desireable or feasible, but the security through a dedicated host is good enough for most circumstances...) I guess what I'd really like to see is AIM support public key encryption, something that has always been lacking in the instant messenger app of choice for most people. Perhaps the open source community can make this a reality. And gaim encryption just doesn't work for enough people and isn't as strong as this...

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    Russian Russian Russian RussianDollSig DollSig DollSig DollSig
  28. WASTE is GPL, set in stone. by greygent · · Score: 2, Informative

    I'm not a lawyer, and I don't use the dumb geek acronyms to shorten that phrase down, but:

    The WASTE software and source code was posted on the Nullsoft website by a Nullsoft employee who's always posting software to the site, who happens to also be the author of WASTE.

    Let me repeat: an officer of the company and the author of the software made this software available under the GPL on the company website.

    This seems open and shut to me: it's still GPL'd software. Sure the employee may have acted against the wishes of his gods, but its too late, it was released by the author, on the company website.

    This would set a dangerous precedence if this were successfully challenged in court. Any company could virtually release a product under the GPL and later revoke it at their whim, claiming its unauthorized and that everyone must destroy their copies.

    1. Re:WASTE is GPL, set in stone. by dfghjk · · Score: 2, Insightful

      It is likely that the author of the software was the company rather than the individual. We don't know without knowing the details of the employment contract. Externally, it might appear that the programmer was authorized by the company to release under the GPL but we don't know that either.

      It's far from open and shut that the release under the GPL was legal and I don't think the courts will have a hard time deciding it without setting dangerous precedent. If an employee steals a product off the manufacturing line and sells it, is the sale legally binding because it was done by an employee? Hardly too late in that case. Just because a programmer writes code as an employee of a company it's not automatically assumed that he can distribute it as he/she wishes. The programer must either be authorized to do so or have language in his contract that permits it.

      A company I worked for claimed IP rights on a consortium-led technology of which it was a member. Turns out an employee signed and agreement when he was not authorized and didn't discuss the matter with management. Don't know the legal questions that arose from that, but the company backed off its IP claims. One way or another it was necessary to do that. It's not clear to me that the situation is much different here.

  29. cumulative mirror by mr_burns · · Score: 2, Interesting

    http://www.mousearmy.net/tech/

    In the top section I've posted the original waste source, current waste source, PadLockSL source and some of the windows binaries mirrored in this thread.

    This should consolodate the mirrored files in one place.

    --
    "Let him go, Ralph. He knows what he's doing." --Otto Mann (simpsons)
  30. Re:Software is void, revoked and terminated. by Skjellifetti · · Score: 3, Interesting

    In the case of Nullsoft, the guy who released waste, obviously had the authority to do so.

    Why are you so sure he indeed had the authority to do so (source code and all w/ a GPL license? Are you his boss, perhaps, or maybe a Nullsoft lawyer? Have you read the Nullsoft source release policy statement? Do you have the employee's job description on your desk? Are you bugging Nullsoft's corporate offices? Why are you so obviously authoritative on this issue? Inquiring minds want to know!

  31. Misleading by mcc · · Score: 2, Insightful

    The original WASTE was released under the GPL without permission by someone without the authority to license it

    No. The original WASTE was released under the GPL by someone whose permission to license it is in dispute. I have yet to see any even remotely conclusive argument about this either way, and it looks like the kind of question that really only a court has the authority to answer.

  32. Huge leap with no support by theLOUDroom · · Score: 2, Insightful

    Was Winamp released under the GPL? If the answer is no then your post is meaningless.

    How do you figure that?

    Either he had the authority to act on behalf of Nullsoft or he did not. If he chose to use this authority to release winamp one way waste another, that would be at his discretion.

    It is possible that Justin had authority to release binaries such as Winamp but no authority to release source.

    People keep saying "well what if some internal document said XXX?"
    What everyone seems to neglect is that people act as agents of the companies they work for.

    If a manager at Walmart sells me a laptop for $10, he has that authority. Normally laptops sell for more than this, but this guy's a manager an I have a reasonable expectation that he can do this.
    If it turns out the next day that his boss doesn't like it, they don't get the laptop back.

    If we had to worry about internal agreements invalidating any contract made by employees who seemingly have the authority to do so, you'd never be able to trust a company to stick to an agreement. It would be too easy to weasel out.

    I my Walmart example, maybe there's a document specfically saying he can't sell a laptop for less than $50. Why the hell should I know or care about it? The manager should know about it if he wants to keep his job, but in the end I still get my laptop for whatever he sells it to me for.
    If Walmart doesn't like it they can fire the employee, or even go after him legally, but I'm in the clear. I bought my laptop at the price given to me by a Walmart representitive.

    --
    Life is too short to proofread.