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On the Ethics of a Code Split?

McWizard asks: "We've recently had a code split at a project I'm leading. (No name given, as this is a question, not an advertisement campaign). While both projects have done some major design decisions in opposing directions, we've been keeping a close eye on the changelog of the spinoff for small changes that could be used. So, whenever we've found an interesting piece of code (mostly GUI stuff, nothing longer than 20 lines of code), we transferred it to our project and gave credit to the spinoff team in the changelog. What does Slashdot say on that matter? Is this unethical or are such things fair game?" "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff. As both projects are under the GPL, we have an opposing opinion on that matter and we've more than once invited him to copy code from our project. Nevertheless he's thinking about obfuscating his changelog and only open the source as packages when he's doing a release, which is, as he says, his right under the GPL."

448 comments

  1. No problem by perlionex · · Score: 5, Interesting

    Legally, there's nothing wrong since both projects are GPL'ed (I presume).

    Ethically, I don't see anything wrong with it. In the end, it's your design decisions that are going to make a difference, which is why the code split in the first place. In fact, there's no reason why both projects shouldn't take code from each other; if there are common areas where there's actually no disagreement, this will help to reduce duplication of effort.

    1. Re:No problem by Anonymous Coward · · Score: 5, Insightful

      Depends on whether both teams are more interested in politics or good software...

    2. Re:No problem by ClamChwdrMan · · Score: 5, Insightful

      I agree. Why bother duplicate the effort to write the same code between projects. Heck, open source projects should be encouraged to use each others code. That way some things could get done faster, and you already (hopefully) have some relatively debugged code that does what you want. This is probably just a matter of someone having an inflated ego.

    3. Re:No problem by adeydas · · Score: 4, Insightful

      i don't think it should be an ethical problem either because development in any field should be considered a continuation where you should make only new stuff. if you have to start from scratch every time, then it will be a serious hindrance to development...

    4. Re:No problem by nuggz · · Score: 5, Insightful

      If he doesn't like people poaching "his code", he shouldn't use a free license.
      If he starts to obfuscate everything, then he'll likely end up killing his fork anyway.

      Take the high road, continue to use the best available resources (even his code) and document and give credit to the appropriate people.

    5. Re:No problem by System.out.println() · · Score: 5, Informative

      I use several OSS programs whose authors borrow code from each other frequently. A very fancy tab window controller was written for Adium (IM client), which was promptly implemented in Colloquy (IRC). As I understand it, the author of Fire (another IM client) is close to being able to have AV chat, and if that happens that code will get inserted into Adium ASAP. Of course, Adium is already using GAIM's libgaim as well.

      It's like a giant orgy of shared code, and (to my knowledge) all of the authors are proud that their code is worth being implemented in other projects. Amazing how well we work together when money isn't involved...

    6. Re:No problem by Anonymous Coward · · Score: 0

      one side needs to put their ego down, and the other side needs to embarass the shit out of the guy who's being an asshat.

      nothing like embarassing people with their own actions and words.

    7. Re:No problem by bdash · · Score: 4, Insightful

      In my opinion the open source community around Fire, Adium, Colloquy and Gaim is a good example of how things are intended to be. Fire and Adium are "competing" in the sense that they are both high-quality IM programs for Mac OS X, yet the developers have no problems collaborating. As mentioned in the parent post, a nice tabbed window controller was written for Adium, and was then adopted into both Colloquy and Fire. In the reverse direction, Colloquy's WebView-based message displays were adapted for use in both Fire and Adium. Gaim's service libraries have been factored into "libgaim" and are used to provide the core functionality of Adium, while Fire's AIM code is based heavily on Gaim's implementation.

      Open source is about sharing work to prevent reinventing of the wheel. Occasionally it is still necessary to re-implement functionality that exists elsewhere, but in general it is more sensible to build upon others work than to duplicate effort.

      "Good artists copy. Great artists steal." ;-)

    8. Re:No problem by Anonymous Coward · · Score: 0, Redundant
      Since a lot of people seem to be missing the part of the article beneath the ad:
      "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff. As both projects are under the GPL, we have an opposing opinion on that matter and we've more than once invited him to copy code from our project. Nevertheless he's thinking about obfuscating his changelog and only open the source as packages when he's doing a release, which is, as he says, his right under the GPL."
    9. Re:No problem by OmniVector · · Score: 1

      yeah until political differences get in the way. i, like many others, would say the mozilla license is rather open. yet the adium developer who made tabs will not allow camino to use them (he would have to dual license the code).

      --
      - tristan
    10. Re:No problem by Ki+Master+George · · Score: 1

      But he has to use a free license; the original project (and therefore the following project) is under the GPL. If he really wants to make it "his code", he'd have to write entirely new code.

      --
      Before you walk a mile in someone's shoes, you should insult them so you know how they are and what they're doing.
    11. Re:No problem by csguy314 · · Score: 5, Funny

      Well I disagree. I think both should be doing their utmost to destroy the other project. I mean, isn't that the point of the split in the first place? Because you're absolutely right and the others are absolutely wrong... and they're assholes.
      [/sarcasm]

      --
      This is left as an exercise for the reader.
    12. Re:No problem by Anonymous Coward · · Score: 0

      I was contacted by the leader of the spinoff project who told me that he's quiet angry at us

      "quietly angry."

      Since he is quiet about his anger, it's probably not much of a problem.

      Oh, you meant "quite".

      Hmm... X.org vs XFree86?

    13. Re:No problem by theonetruekeebler · · Score: 4, Insightful
      If he doesn't like people poaching "his code", he shouldn't use a free license.

      A fork from a GPL'd project is subject to the GPL. RTFGPL section 2.b for the specifics.

      If the forker starts obfuscating his code, he is locking in his clients as effectively as if he closed the source. From what I hear so far, it looks like the fork happened because somebody got into a dick-size-war and started to lose. Now, he is trying to make his project better by attempting to sabotage your project. While he is not circumventing the letter of the GPL, he is violating its spirit by forsaking cooperation for his own glory.

      Aside from the fact that he is, in effect, telling his users (if any are left) that he no longer gives a fuck about them, there is still nothing to prevent you from downloading the full source and running a diff to see what he's done.

      To summarize: What you are doing is not merely ethical but encouraged by the spirit of Open Source. What the forker is doing is unethical, unsportsmanlike, and contrary to the spirit of Open Source. If he's true to the pattern of the Wounded Ego, he will soon threaten some sort of legal action against you. Ignore him. At this point, he has about as much credibility as SCO.

      --
      This is not my sandwich.
    14. Re:No problem by Feztaa · · Score: 4, Insightful

      I agree with you, and it's especially true if the submitter is the project leader from the *original* project, not the leader of the spinoff. In that situation, it's pretty hippocritical for somebody to fork your code, and then scream at you when you re-incorporate his changes -- afterall, he started his project by stealing 100% of your code, presumably because he wasn't happy with it. He should be happy to see that his improvements are making it back into the original project.

    15. Re:No problem by Anonymous Coward · · Score: 0

      How is parent a troll? I think someone with mod points forgot to take their Haldol this morning.

    16. Re:No problem by HiThere · · Score: 2, Informative

      Your approach is both ethical and legally correct, but perhaps you should consider that the political cost of dealing with him isn't worth the effort.

      Were I in your position, I'd just stop looking at his project. Not because ethics demand it, but because I wouldn't want to deal with someone who acted as you describe him as acting.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    17. Re:No problem by Anonymous Coward · · Score: 0

      This would not be an issue if it were a BSD licensed project since we all know that is a better license anyway.

    18. Re:No problem by shadowmas · · Score: 1

      actually i think this is a good thing. just because a project seperates due to differences doesnt mean they shouldnt share code. that way they both can enhance the differences and not waste time on common code. if the other person doesnt like ppl taking his code then why did he fork ur project instead of starting from scratch.

      if only kde and gnome could/would share common code (i dont know if such a thing is possible. but hypothetically speaking) both would save a lot of time as well improve the linux desktop for everyone and not just selected set of ppl.

    19. Re:No problem by AstroDrabb · · Score: 4, Insightful
      No, there is a _huge_ difference between the GPL and the MPL. Adium is under the GPL. Do you think MS would allow me to take _their_ code and release it under my own license? No, I would have to license it according to their requirements. Adium is doing nothing different. The Adium developers must believe in the GPL and don't believe in the MPL. The MPL does not encourage any type of redistribution of the original code. You can take MPL code and make it proprietary, while you cannot take GPL code and make it proprietary. A _very_ important difference to some.

      Some developers don't want their code taken and "locked" away in some proprietary app, while others don't care. I happen to go along with the GPL camp for the most part. If I give my time and effort to a community project, I don't want someone to be able to take that effort away and not have to give back to that community. Note that the GPL and people who believe in the GPL don't care about profits. If you can take a GPL app (like MySQL) and make money, so be it. Just don't try to take the code away.

      The GPL is all about the code and the end-user rights to the code. Other licensees like the MPL, BSD, etc are not about the code or the rights of others with the code. The MPL and BSD allow you to take the code and derive from it and keep that derived code locked away. Again, some people feel that is OK and others don't. It all comes down to where you stand on that issue. I personally think both sides have good points, I just favor the GPL/LGPL for a stronger community. IMO, the GPL/LGPL foster sharing of knowledge better then the other OSS licenses. And to me, sharing of knowledge is the most important thing.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    20. Re:No problem by anonymous+cowherd+(m · · Score: 1
      The only way I see that the submitter could run into legal trouble doing this is if he wanted to relicence the code. Since he does not hold the copyright on the other project's changes, and, given the attitude of the other project's leader, it seems unlikely that he would cooperate in a relicencing scheme, there would be a nice legal mess if someone came up with a brand new licence that was, in some way, better for the project than the GPL (yes, heresy, I know, but just for the sake of argument... ;) )

      Practically speaking, though, this is a problem that a lot of OSS projects have, since most do not require that the author of a patch assign copyright to the project leader or other designated representative. It would make things difficult by opening lots of people up to liability if someone decided to sue the project, for example.

      MHO only, of course, IANAL.

      --
      http://neokosmos.blogsome.com
    21. Re:No problem by pboulang · · Score: 1, Funny

      ummmm, openbsd isn't GPL'd ;)

      --

      This comment is guaranteed*

      *not guaranteed

    22. Re:No problem by NemosomeN · · Score: 1

      He's not obfuscating the code, and the Changelog file doesn't fall under the GPL (At least it would be ludicrous if it did, but hell, I haven't read the GPL THAT closely).

      --
      I hate grammar Nazi's.
    23. Re:No problem by Anonymous Coward · · Score: 0

      No, but Linux is! ;)

    24. Re:No problem by Anonymous Coward · · Score: 0
      Legally, there's nothing wrong since both projects are GPL'ed

      Exactly. GPL'd projects copy code from each other all the time and the copyright holder never needs to be asked for permission (as it's released under the GPL!) There are also no licensing conflicts, as it's simply GPL->GPL. As long as proper credit is given, there's no problem.

      I'm guessing that the split wasn't too friendly and the guy(s) running the fork have an ego problem. You see it all the time.

      "Yeah, it's Open Source, 'cuz that's all cool 'n stuff, but we don't want you to actually do anything with it but build the source as we supply it. Oh yeah, we may have started as a fork, but now we just prefer to think of it as a shared heritage and if you try to fork from us we'll badmouth you in forums and blogs!"

      Usually, however, forks tend to be co-operative. People copy code from each other all the time and forks are mainly the result of design/engineering differences, nothing personal. Check out the BSD systems for some high-profile code copying. Some of the linux stuff (especially drivers and arch ports) was taken straight out of the BSD trees and put under GPL for linux (which is allowed by the BSD license, it's very liberal like that). Linux->BSD doesn't happen as often because of the GPL, however most developers have no problem relicensing their code under BSD to help the BSD developers. The same goes for many high-profile open source projects. Jeez, it's called Open Source / Free Software for a reason! Being able to copy from each other is one of the things that allows us to compete with massive software houses like Microsoft!

    25. Re:No problem by greenrd · · Score: 0, Flamebait
      Actually, the provision of some sort of Changelog (either separately or in individual source files) is a compulsory requirement of the GPL.

    26. Re:No problem by Trillan · · Score: 1

      I really think it depends. The GPL (and even LGPL) make lousy licenses for basic stuff.

      I've got a small snippet library I'm working on for Palm OS that aims to be the Palm equivalent of Apple's Morefiles. Why should I force developers to pick between releasing their code, calling my code through an inefficient binding layer, or not using my code at all? The morefiles "code sample" saved hundreds of applications from eating files, and it certainly wouldn't be a part of nearly every Mac application if it was LGPLed or GPLed.

    27. Re:No problem by m50d · · Score: 1

      There are licenses which make you provide a human-readable changelog for "unofficial" versions, with the idea that the user knows what wasn't written by the original author. I don't think the GPL is one of them though.

      --
      I am trolling
    28. Re:No problem by Anonymous Coward · · Score: 0

      it's pretty hippocritical for somebody to fork your code, and then scream at you when you re-incorporate his changes

      More than hippocritical, it is a matter of ownership. The GPL solidifies the original code author as owner of all subsequent changes and improvements. Whoever started the original project legally owns all forks-- the forker has exactly zero ownership rights to any work contributed to the fork.

      Any time some mother forker complains about code sharing, tell them to fork off.

    29. Re:No problem by CountBrass · · Score: 1

      So put it in the public domain or come up with your own license. Isn't that obvious?

      --
      Bad analogies are like waxing a monkey with a rainbow.
    30. Re:No problem by YE · · Score: 0, Flamebait

      Depends on whether both teams are more interested in politics or good software...

      If they weren't into politics, they'd choose a less politically-laden license than the GPL.

    31. Re:No problem by Alan+Cox · · Score: 4, Insightful

      That appears to have been answered already. Anyone who talks about "their code" in GPL software made up from code by many contributors has a problem already.

      The fork can certainly hide its code until releases, but then it's got all the disadvantages of a proprietary software product - it's hard to work on and has no community. Plus when it comes out a little bit of diff and reading will deal with anything of interest. And obfuscate the changelog - as a user would you trust software whose author has made changes unauditable ?

      If the fundamental design goals are different then the chances are that the opportunities for sharing will go down over time anyway.

      Alan

    32. Re:No problem by Anonymous Coward · · Score: 0

      In my opinion the open source community around Fire, Adium, Colloquy and Gaim is a good example of how things are intended to be. Fire and Adium are "competing" in the sense that they are both high-quality IM programs for Mac OS X, yet the developers have no problems collaborating. As mentioned in the parent post, a nice tabbed window controller was written for Adium, and was then adopted into both Colloquy and Fire. In the reverse direction, Colloquy's WebView-based message displays were adapted for use in both Fire and Adium. Gaim's service libraries have been factored into "libgaim" and are used to provide the core functionality of Adium, while Fire's AIM code is based heavily on Gaim's implementation.


      Yup, this sounds like a software threesome to me alright!

    33. Re:No problem by Anonymous Coward · · Score: 0
      If you "could care less" that means you *do* care. Think about it for a minute.

      I think it's sarcastic.

    34. Re:No problem by ratamacue · · Score: 2, Insightful

      No, it depends on the license and the license only. By choosing the GPL, the original author already made clear that forks are acceptable ("ethical" if you insist). If the author thought otherwise, he would have chosen a different license.

      Clean, simple, and unambiguous. Why did we have to muddy the waters by questioning "ethics"?

    35. Re:No problem by Antique+Geekmeister · · Score: 1

      You worked on XFree86, didn't you? I can tell by your cheerful approach to integrating code from anyone else.

      More seriously, this is precisely how open source projects should work. It would be interesting to see if your projects remerge in 5 or 10 years.

      If the projects are closed source, or not supposed to share closed source inside your company, you may have a legal or ethical quandary. You may also have a billing problem, if good ideas are coming from their project and not from yours that they can use, then maybe they're doing something fundamentally better than you and you should dump your project. Or maybe they just have the better coder or two over there who do these fixes.

    36. Re:No problem by bconway · · Score: 0, Flamebait

      It's sad that so many people think that just because you can do something, that makes it ethical. You are what's wrong with America.

      --
      Interested in open source engine management for your Subaru?
    37. Re:No problem by blanks · · Score: 1

      Because alot of people will break simple laws, or dont read/follow licenses, but alot of people will not stray away from their ethics. I have allways thought about my "ethics" as my own personal rule set. An example would be that I pirate software for personal use, or to play with But when it comes to making money with someones software (mainly work related) I will buy a license to use. I will break the law, but if I make money my ethics force me to buy the software.

    38. Re:No problem by ratamacue · · Score: 1

      That's not your decision to make. It's the original author's decision, and he already made his opinion quite clear by choosing the GPL. What part of the GPL are you having trouble with?

    39. Re:No problem by Anonymous Coward · · Score: 0
      Since he is quiet about his anger, it's probably not much of a problem.
      No, quiet anger is the worst sort. I once had a boss who would never get angry on the outside. Then once every few months or so he would explode because someone had been annoying him and making him angrier and angrier without knowing it.
    40. Re:No problem by cbreaker · · Score: 1

      While I agree with your statement in itself, I do not agree on the context.

      There's no wrong-doing going on here. You took my code, and changed it, and now what you add something I like, I'm not supposed to be able to use that?

      Not only is it allowed in the GPL from a legal standpoint, it's the right thing to do. If I forked your application and added something you liked, I don't see how I could be angry if you ported it to your fork; after all I just took an entire code base for my project.

      Sharing is what the GPL is about and if you are angry about it, you should probably be working at a closed source shop.

      --
      - It's not the Macs I hate. It's Digg users. -
    41. Re:No problem by indifferent+children · · Score: 1

      No. I am the copyright owner of any line(s) of code that I write, unless I specifically assign those rights to someone else. Contributing code to a GPL'd project does not automatically change the ownership of that code. The GPL does not force anyone to assign their rights, only to grant a license.

      For official GNU projects, I think that ownership is required to be assigned to the GNU Foundation, just so that they will have a legal leg to stand on; you can't sue someone for copyright infringement unless you own the 'ip' that was copied.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    42. Re:No problem by randomencounter · · Score: 1
      I think that there is something of a profit motive inherent to the GPL, just not what you might expect. The payoff comes from third party improvements, where the entire community profits by having better software anytime anyone contributes new ideas and good code to the project.

      It isn't cash, but it is value. The rights to this value that the GPL grants are particularly powerful, which is why the GPL is the gold standard of Free software licenses.

      --
      Forget diamonds, copyright is forever.
    43. Re:No problem by hitmark · · Score: 1

      in fact this is how some of the bigger changes to the linux kernel gets tested. someone makes a new branch and tryes to work out the kinks of the changes, if linus then likes what he sees its ported back into the main kernel.

      in fact you cant get a true fork with gpl the way good old unix forked. a true fork means that you have stuff that walk of into incompatible directions from a common codebase. this is more like haveing two branches.

      only way to do a true fork is to keep the code under lock and key, this cant happen with gpl. bsd however is a diffrent story...

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    44. Re:No problem by Morgion · · Score: 2

      Because there's a difference between what's legal (domain of the license) and what's ethical (I can do this, but should I?).

      Good example from my current (retail) job: we have the option of partnering with a credit card processor that offers those mag-stripped gift cards. They're a lot easier for our sales people to deal with, since they're treated just like a debit card, and our customers like them.

      But after finding out more details of the program, we WON'T do it, because of the "maintenance fee." It's "waived" for the first year, but after that, several dollars per month are just taken off the account by the CC processor. They not only charge us for the service, but they also get to steal our customers' money?

      My boss is very ethically-minded, and won't have anything to do with it. It's more than the fear of angering our customers and driving them away; it's just not how he wants to treat his customers.

    45. Re:No problem by blanks · · Score: 1

      You plan to impregnate your daughter and mother?

    46. Re:No problem by taskiss · · Score: 1

      I see this got a "funny". I wonder though, were you trying to be?

      --
      - real hackers don't have sigs -
    47. Re:No problem by ajs · · Score: 2, Interesting

      "The Adium developers must believe in the GPL and don't believe in the MPL."

      You know, I'm a developer, and when I choose a license, it has never had anything at all to do with belief. Instead, it has to do with how I see one particular project and how I want it to be used. If I don't mind it being used as a code repository for proprietary software to pull from, I throw it under the BSD license or something like it. If I want people who use it to always have the freedom that source code allows, then I put it under the GPL or LGPL.

      If you try to divide the world up into "us" and "them", you're always going end up foolishly rooting for something that just isn't worth the effort. Software licenses are probably the best example, though I did once hear a heated debate over engine parts manufacturers based on how much the mechanics in question thought the companies CARED about them. Heh.

    48. Re:No problem by Anonymous Coward · · Score: 0

      I prefer the GPL because I'm not real excited about having to buy my own code back from someone who takes it and integrates it with their stuff. It's particularly irksome when they proprietarize it and I cannot even fix my own code.

      Michael

    49. Re:No problem by m50d · · Score: 1

      Sometimes it is. More often it's just people being stupid.

      --
      I am trolling
    50. Re:No problem by AstroDrabb · · Score: 1
      You know, I'm a developer, and when I choose a license, it has never had anything at all to do with belief. Instead, it has to do with how I see one particular project and how I want it to be used.
      But that _is_ belief. You believe that one license will offer more "freedom" then the other. It just comes down to what you think that freedom should be or most importantly _who_ it should go to. I respect all of the OSS licenses. They each serve a different point. Pick the one you like best : P
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    51. Re:No problem by AstroDrabb · · Score: 1
      This is the _whole_ point of the LGPL (Lesser General Public License). It allows the code to be used in proprietary, closed source projects. The only thing it asks for in return is if changes are made to the library itself. You are never required to give your own code away.
      and it certainly wouldn't be a part of nearly every Mac application if it was LGPLed
      Huh? Why not? The LPGL would not require any one of those applications that use it to give out _their_ source. How many people used the morefiles vs. modifing it? The only time code would have had to come back to the community was if someone change morefiles and that would be the _only_ code required. If morefiles was so helpful to so many, don't you think it would be better for all those users of morefiles if improvements to morefiles and morefiles only, came back to the community? I do.

      I agree that the GPL is not right for libraries, small utility snippets, etc. That is exactly what the LGPL was made for.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    52. Re:No problem by ajs · · Score: 1

      "You believe that one license will offer more "freedom" then the other."

      No I don't and I'll think you not to put words in my mouth.

      I believe no such thing. I select a license for specific reasons the way I would select a tool for carpentry. I don't believe that the tool will create joy, I just pick the tool that fits the job. I can hope that my finished product will generate some emotional response, but that's not a product of the tool, but of my craftsmanship.

      The GPL, BSD license, MPL, etc. are well crafted tools, and that's as far as it goes. Only in a very hyperbolic sense could you say that I "believe" in them (sure, I believe that they exist, and that they will have meaning in our legal system the same way I "believe" that gcc exists and that it will compile my code), and if you're using the word in that way, then you should specifically call it out rather than letting the reader think that there's some real act of faith involved here.

    53. Re:No problem by Anonymous Coward · · Score: 0

      Check your state laws, I am sure this is not legal in some states. Read the back of the grocery gift card, especially in OH, PA area.

      If your company is big enough, then set up an account to do gift cards. Money from purchased cards is supposed to go into a money market or similar account that makes at least 6% or better. This way when you have enough money floating in this account, you can withdrawl the interest as revenue. When the card is used, money is withdrawn to cover the purchase, since the value is no longer floating.

      You are still rewarded for selling the service as a company. All the parts are quasi-internal with the accountants. All you will need is a few thousand dollars of gift card sales annually to have this profit.

      Don't forget that some cards will not be cashed in for YEARS so the money is working for you all that time:) Also if the company is folding, all issued cards become invalid in most states and the money can be used for bankruptcy discharge.

      I am posting as AC because I am lazy and don't want to look up where I read all this stuff.

    54. Re:No problem by AstroDrabb · · Score: 1
      No where did I imply that your belief in one license over the other was some type of religious zealotry.

      You believe that one license is better then another for one purpose or another. That is your belief/opinion. Is there really a big difference between saying "I believe the LGPL is better then the BSD for XYZ" vs. "It is my opinion that the LGPL is better then the BSD for XYZ"? To you there may be a bid difference, to me both sentences say the same thing.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    55. Re:No problem by jbolden · · Score: 1

      GPL doesn't speak about changelogs specficially. Further the courts haven't ruled on sorts of computer issues. But

      1) Changelog files are often distributed in the same tarball as the source
      2) They are read by people to manipulate the source
      3) Altering changelogs is often considered part of making substantial operations to source code

      I could see a court ruling that with no other licensing in place the changelog is GPLed as well. They could probably avoid this by starting a new changelog from scratch however (though the entire work might be considered derived and the changelog included in the derived and hence this is only a "probably avoid it").

    56. Re:No problem by schon · · Score: 1

      it's pretty hippocritical for somebody to fork your code, and then scream at you when you re-incorporate his changes

      True.

      afterall, he started his project by stealing 100% of your code

      False. There is no "stealing" involved (even assuming one can "steal" code in the first place), as the code was licensed under the GPL, it was freely given.

    57. Re:No problem by Anonymous Coward · · Score: 0

      Bzzzt!!!

      You must release your modifications to MPL'ed code. If you make changes to an MPL'ed source file, you must publish your changes. If you copy and paste code from an MPL'ed file, the file you paste to becomes MPL'ed.

      You can, however, under the Larger Work clause call closed non-MPL'ed code from MPL'ed code or call MPL'ed code from closed code.

    58. Re:No problem by jbolden · · Score: 1

      Actually that's probably one of the best advantages that open source has right now regarding patent law. Its going to be very hard to enforce a questionable patent against an open source project. The typical extortion scheme may not work since there are too many people you have to extort.

    59. Re:No problem by Trillan · · Score: 1

      You're incorrect. The LGPL also requires the programmer give out enough compiler temporaries that the library can be modified and the application rebuilt. I loked at it carefully bfore rejecting it:

      If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it.

      This makes the LGPL unsuitable for platforms that do not have a dynamic library mechanism.

    60. Re:No problem by Trillan · · Score: 1

      Or pick a different license, which is what I did weeks ago. You're right it is obvious, so why are you bringing it up?

    61. Re:No problem by hesiod · · Score: 1

      You think THAT'S wierd, he wants to impregnate his wife! Good god, what a sicko.

    62. Re:No problem by ekuns · · Score: 1

      It's sad that so many people think that just because you can do something, that makes it ethical.

      Can you give a plausible reason as to why it's not ethical to contribute changes made in one fork of a project into another fork -- as long as both are under the GPL? The GPL was explicitly and unambiguously intended to keep code free, and that means free for other people to use however they choose as long as they obey the terms of the GPL (plus any other associated licenses and terms).

    63. Re:No problem by NemosomeN · · Score: 1

      In section 2:
      a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

      So there is a requirement of a changelog that states there were changes and when they occured, but NOT what they were. If there's another provision I missed, please point it out. (I'm a skimmer). I stopped at the "END OF TERMS AND CONDITIONS" so if it's included in the explanations (Non-binding) part, I didn't even glance at it.

      --
      I hate grammar Nazi's.
    64. Re:No problem by Alan+Livingston · · Score: 1

      Hey, where's this money market that pays 6%? I'd like to take advantage of that! 3%, maybe, with a $100k deposit...

    65. Re:No problem by Anonymous Coward · · Score: 0

      I agree. I would even love a cd that pays that.

    66. Re:No problem by ratamacue · · Score: 1

      The GPL is not a law. It's a contract, and contracts are voluntarily agreed upon by all parties involved. Laws are not. Big difference.

      This is what makes contracts "ethical" by definition: they're always voluntary (otherwise they wouldn't be contracts). As for the law and ethics not always intersecting, I'd be the first to agree.

    67. Re:No problem by AstroDrabb · · Score: 1

      And what modern, general purpose OS does not have a dynamic library mechanism? Maybe for embedded OSes it may not be the best license. However for any modern OS developed by a commnunity, it is very good. Can you list one _modern_ OS that does _not_ have a dynamic library mechanism? If you can, it wouldn't be a very useful OS IMO.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    68. Re:No problem by AstroDrabb · · Score: 1
      Mod this up

      This is exactly the purpose. Most GPL projects don't want money, they want time. To a PHB, time is money, so by that definition, a GPL product will cost money.

      The time of a developer for a community is _FAR_ more important then an hourly wage. If you add up the average USA salary for a programmer and applied it to every OSS project, there is not one company in the world that could afford to pay the salary of every OSS project available. Heck, there is not one company in the world that could pay the salaries of just the _major_ OSS projects like the Linux Kernel, Apache, Samba, etc. Not MS, not Oracle, not even Walmart could afford this staff! ; P

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    69. Re:No problem by Trillan · · Score: 1
      1. I already listed Palm OS, which has a very inconvenient shared library mechanism (hint: no installers, no archives), and
      2. Even for those with a dynamic library mechanism, calling across is much less efficient than calling a local routine

      Usually, the second point doesn't matter. But when it is something like the floating point operations, it matters.

      As for whether or not it is usable... it has hundreds of thousands of users. I'd say it is pretty usable.

      I'm thinking of solving the problem by embedding MathLib in my application in resources. If it is not present, I'll unpack it. If there is one already present, I'll leave it alone. That should satisfy the LGPL while keeping my install simple, although it will increase the size of my application quite a bit. Good thing it isn't a standard C library with such things as malloc() or I'd be completely hosed.

    70. Re:No problem by ajs · · Score: 1

      If you want to use belief and opinion as interchangable terms, that's fine. I don't, and in contexts that I'm aware of, belief has always held a conotation of particularly strong and/or irrational opinion. I'm simply choosing a screwdriver, nothing more.

    71. Re:No problem by kz45 · · Score: 1

      Some developers don't want their code taken and "locked" away in some proprietary app, while others don't care. I happen to go along with the GPL camp for the most part. If I give my time and effort to a community project, I don't want someone to be able to take that effort away and not have to give back to that community. Note that the GPL and people who believe in the GPL don't care about profits. If you can take a GPL app (like MySQL) and make money, so be it. Just don't try to take the code away.

      The original code is never taken away, so I really don't see the problem here. Example: person 1 creates code X and releases under the GPL. Person 2 uses person 1's code in their own project, adds a few things, and doesn't release the source code.

      Person 1's source code is still available to the public.

      In the same sense that you do not want people to "lock up your source code" without compensation (credit), closed source developers do not want you to share the .exe without compensation (money).

      Just something to think about

    72. Re:No problem by AstroDrabb · · Score: 1
      In the same sense that you do not want people to "lock up your source code" without compensation (credit), closed source developers do not want you to share the .exe without compensation (money).
      If I share code under the GPL/LGPL, my form of payment required is that all changes to the code stay with the code. Not for my benefit but a community benefit. This is no different then others requiring money for their source code. I just think code sharing is better for the IT ecosystem then code hiding.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    73. Re:No problem by szisk · · Score: 1

      You have a gross misunderstanding of the term "contract". If I sign a contract to, for instance, buy a car, do you think I am "voluntarily" making payments? The vast bulk of contracts (in fact all contracts that have the proper language, declare themselves to be legal contracts, and include two willing parties) have legal teeth. That does not make a contract a law in itself, but it certainly is governed by contract law. Even if you only execute a contract by a handshake (although you might have difficulty proving terms, agreement, and so on). BTW, that applies to the GPL, too. It is *illegal*, not just unethical, for me to take code from a GPL project and disobey the terms of the GPL.

  2. Megamek? by Anonymous Coward · · Score: 0, Offtopic

    Anyway... if he doesn't want people using his code under the license he chose, he shouldn't have licensed it that way. It's like people on the web that don't want you to link to them.

  3. Nah, you'd better not by Anonymous Coward · · Score: 0

    Given that their code is GPLed, you'd have to release your code for free.

    1. Re:Nah, you'd better not by Anonymous Coward · · Score: 0

      Uh, both projects are GPL.

    2. Re:Nah, you'd better not by comwiz56 · · Score: 1

      I think he was trying to be funny... but did a bad job.

  4. losing sleep? by jspectre · · Score: 4, Insightful

    are you losing sleep over the matter? if not. don't worry about it and get on with the better things in life. let the weenie at the other project be a weenie.

    --

    abcdefghijklmnopqrstuvwxyz

    1. Re:losing sleep? by Anonymous Coward · · Score: 0
      I think jspectre has a point here. Even though the GPL implies the use of eachother's code in a cooperative way, if all you're doing is clipping 20 lines of code here and there, you might as well write your code without their work.

      This isn't about code, it's about ego, and it's often hard enough to get people to get along under the best of circumstances. If a big piece of functionality was an issue, I'd probably say take the code, but for something small, I'd say let it go, and count it as the cost of being part of humanity.

    2. Re:losing sleep? by Anonymous Coward · · Score: 0

      you might as well write your code without their work

      I suspect that even if you did, a weenie would accuse them now complain that they were stealing his work (by fixing the same issues) AND stealing the credit.

  5. Spirit of the GPL by dgerman · · Score: 5, Informative

    That is the spirit of the GPL! You are allowed to copy and use GPL code if your code is also GPL!

    1. Re:Spirit of the GPL by Anonymous Coward · · Score: 1, Insightful
      It's not so much "The Spirit" is if it's unethical to copy.

      "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff. As both projects are under the GPL, we have an opposing opinion on that matter and we've more than once invited him to copy code from our project. Nevertheless he's thinking about obfuscating his changelog and only open the source as packages when he's doing a release, which is, as he says, his right under the GPL."



      He can do that, but he's missing the point of the GPL entirely, the freedom to build upon the code of others to make the best product possible. I mean, didn't he use your code to build said fork in the first place?

      There's nothing unethical about it. He built off your code, you're building of his, you're giving him credit and the licenses are compatible.

      You have nothing to worry about, you're in the right, and the other developer is completely missing the point of free software.

    2. Re:Spirit of the GPL by molnarcs · · Score: 2, Informative
      "That is the spirit of the GPL!"

      Not just GPL I would say. It is the spirit of Open Source. Take the BSD's for example. They not only think that code sharing between projects is fine, they also pay extra attention to portability - to make code sharing easier (and that's not just NetBSD, I've seen changelogs of commits in FreeBSD that's main purpose was to make the code more portable across BSD's).

      I good example is ehci (usb 2.0 support) that was written by FreeBSD devs, and then maintainer abandoned it. It was picked up by NetBSD devs, who enchanched it, and went trough OpenBSD as well - now FreeBSD folks are reintegrating the code (it's still work in progress). Note that the BSD licence wouldn't even force anyone to give back ... it just makes a lot of sense, and I say: forget the whino. If he wan't to spend time on obsfucating changelogs instead of developing, there won't be too much his fork could offer you after a while.

    3. Re:Spirit of the GPL by EastyZ · · Score: 3, Informative

      Not only the spirit of the GPL, but FOSS development in general, I would say. Being from the BSD camp myself, this is not only common, but normally actively encouraged. All the BSDs are forked from a common codebase at one point after all. So usually any snippets of code commited to one end up in the others with appropriate credits, if they are found useful. But then, BSD-folk have always been liberal about where the code is used anyway, that's the whole point of the BSD-license of course, even more so than the GPL.

    4. Re:Spirit of the GPL by iminplaya · · Score: 1

      It should be the spirit of everything we do. Only good can come from it. The present IP structure we suffer from is impeding progress exactly because this kind of collaboration is difficult, if not impossible. The result is inferior, scarce, and over priced products. This very question should explain why IP law doesn't work. Open collaboration in the public domain is the only way to do anything.

      --
      What?
    5. Re:Spirit of the GPL by Dr.+Descartes · · Score: 5, Insightful

      In addition to the excellent above points, obfuscating the changelog also hurts his project. The true foundation of open source is the ability for Joe Coder to submit patches and additions to the project. He will limit others abilities and/or willingness to commit code to his project.

      The unfortunate aspect of an Ask Slashdot like this is we don't know the other developer's story. The developer has probably missed the point of open source and he's might even be a complete jackass but ultimately he's not here to defend himself. He may have some points missed by the author by mere nature of author's own subjectivity.

      That said, I'd keep on keepin' on. You are well within your rights to use code as long as it's credited. Furthermore, I think it's ethical and in keeping with the spirit of the GPL and open source culture to apply code that makes your application better. The point is to collaborate and make software that Sucks Less.

    6. Re:Spirit of the GPL by agenaud · · Score: 1

      Obfuscating the code is not just against the spirit but the letter of the license:

      GPL: Section 3: Paragraph 5: Sentence 1:

      """
      The source code for a work means the preferred form of the work for making modifications to it.
      """

      http://www.gnu.org/copyleft/gpl.html
      (about half-way through after a,b,c)

      --
      3E51A207
    7. Re:Spirit of the GPL by Raunch · · Score: 1

      The unfortunate aspect of an Ask Slashdot like this is we don't know the other developer's story.
      Well, then I would say (to the questioner), tell him (the forker) about this thread and have him chime in. Then, not only will he be able to see what this community thinks (if 'thinks' is the word, maybe 'vomits inarticuality onto the internet' would be better) about the whole matter while giving him a chance to defend his side.

      Perhaps the forkers eyes will be opened, or perhaps he will tells us a different story, or perhaps he has already read it and replied "screw you guys".

      'inarticuality' is not a word... yet.
      that is not my sig

      --
      George II -- Spreading Freedom and American values, one bomb at a time.
  6. OK by Anonymous Coward · · Score: 0

    If this a GPL project then go ahead and live the GPL dream.

  7. Released under the GPL by tpgp · · Score: 4, Insightful

    Weird.

    The other developer obviously does not understand the GPL. Of course you can use the code, just as long as you preserved the copyright notice.

    Use & share the code - thats the whole point of the GPL anyway.

    --
    My pics.
  8. Re:On the Ethics of a Code Split? by IO+ERROR · · Score: 5, Insightful
    Is it unethical? No way, it's GPL code, you have every right to take the code and put it back in the original project. Access to, and reuse of, the source is, after all, why the project is under the GPL in the first place. If somebody forks, he has to release under the GPL. And don't let him confuse the issue. If he's got a CVS repository open to the public, that's "distributed" code under the GPL.

    If the idiot who forked from you really wants to go closed source with it, he's going to have to change the license, and I bet most of that code was written by people on your side of the camp. I wish him lots of luck getting them to agree to license it to him under closed terms. If he just wants to close the CVS repository, or obscure the changelog, that's up to him, and the GPL permits this, but that would seriously hurt his fork, as people would be far less willing to get involved with it.

    So in short, it's not at all unethical. But is it rude?

    Again, I'm going to say no. It is, after all, a GPL project. You have to expect your code is going to wind up reused in other GPL projects sooner or later. That's a sign that you're writing good code. He should be flattered, not offended.

    In the long term, the politics are likely going to wind up killing one or both projects, so I'd suggest you try to keep the moral high ground, as it were, and let this guy run his fork into the ground. It sounds like he's well on his way there already.

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
  9. GPL says it all. by Anonymous Coward · · Score: 0

    The GPL says it all basically. If they wish to add a restriction or attempt to persuade anyone that it's unethical or rude to do things, then they're not abiding by the GPL.

    Therefore they cannot continue distributing the code they did not themselves write.

  10. Does their license allow for using their code? by Senjutsu · · Score: 4, Insightful

    Yes? Then I fail to see how this is an ethical question at all. If they didn't want others using it, they wouldn't have made it available for others to use.

    Never let your ego stand in the way of improving the software.

    1. Re:Does their license allow for using their code? by Anonymous Coward · · Score: 0

      Duh! If they forked then the license must allow reusing the code, they can't relicense the forked code without permission.

  11. This makes sense... by Anonymous Coward · · Score: 0

    If it's a change that you want to see in your own code base, and you're allowed to use it, then go ahead! Could you imagine what crap you might be forced to use if you had to do everything differently from now on?

  12. Sounds like a... by xeon4life · · Score: 5, Funny

    Disgruntled XFree86 developer, are we?

    --
    Real programmers can write assembly code in any language. -- Larry Wall
    1. Re:Sounds like a... by xeon4life · · Score: 1

      Except XFree86 isn't developed under the GPL...

      --
      Real programmers can write assembly code in any language. -- Larry Wall
    2. Re:Sounds like a... by Chuck+Chunder · · Score: 1

      Given that the code in question is apparently GPL it should be fairly obvious that isn't the case.

      --
      Boffoonery - downloadable Comedy Benefit for Bletchley Park
    3. Re:Sounds like a... by Spy+Hunter · · Score: 5, Informative

      No, I believe the project is MegaMek, "an unofficial, online version of the classic BattleTech® board game." Unless McWizard at gmx dot com works on another GPL project.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    4. Re:Sounds like a... by slashdevslashtty · · Score: 2, Informative

      Mod parent up! (If you want proof, check McWizard's only comment.)

      --


      M$ Lawyer: But `gcc /dev/random -o kernel.dll` is our trade secret!
    5. Re:Sounds like a... by Spy+Hunter · · Score: 1

      Whoops, I mean gmx dot de, of course.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    6. Re:Sounds like a... by Anonymous Coward · · Score: 0

      XFree86.. Awwww, I remember XFree86, back in the days... I recall those days when..... *sigh* life goes on I guess - anyone else remember XFree86, I almost forgot about it.

    7. Re:Sounds like a... by Anonymous Coward · · Score: 0

      can someone please post a link to the license for X?

    8. Re:Sounds like a... by Anonymous Coward · · Score: 0

      Which X? The protocol specification or one of the dozens of implementations?

    9. Re:Sounds like a... by sethstorm · · Score: 1

      More like James Ewing. One of the few who have sold GPL'd code and conned the GPL authors into accepting it.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    10. Re:Sounds like a... by Teach · · Score: 1

      You go, boy. +5 Funny for you!

      --
      Graham "Teach" Mitchell, computer science teacher, Leander HS
    11. Re:Sounds like a... by bob+beta · · Score: 1

      Try here as a starting point.

      Enjoy!

    12. Re:Sounds like a... by DrSkwid · · Score: 1

      are you sure no-one else sells GPL'd code ?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    13. Re:Sounds like a... by BeeRockxs · · Score: 4, Informative

      It's MegamekNET, not MegaMek, and the fork is MekWars. (all three are on sourceforge.net)

    14. Re:Sounds like a... by Filmwatcher888 · · Score: 1
      Wow... The other slashdot post even has the same quiet/quite typo.

      This is like a Slashdot episode of CSI.

    15. Re:Sounds like a... by bendelo · · Score: 2, Insightful

      Discussion on SourceForge.net forums about fork

      Might be a chance to get the other side of the story?

  13. Live by the GPL... by Duncan3 · · Score: 4, Insightful

    ... die by the GPL.

    You're fine. If they didnt want to share, they shouldn't have stayed with the GPL.

    At least you're giving credit, which is a pile more then most bother to do.

    --
    - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
    1. Re:Live by the GPL... by hazem · · Score: 2, Insightful

      If they didnt want to share, they shouldn't have stayed with the GPL.

      I think they're pretty much stuck with the GPL unless they want to re-write anything that doesn't belong to them.

    2. Re:Live by the GPL... by Duncan3 · · Score: 1

      Correct, that's the only way out of the GPL, rewrite anything not done by the forking team. Not fun, and a non-optimal use of everyones time, but it is a USE of time, which is often the point.

      --
      - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
    3. Re:Live by the GPL... by Anonymous Coward · · Score: 0

      Wow, sounds like everyone's a prisoner to GPL... Scary...

    4. Re:Live by the GPL... by Anonymous Coward · · Score: 0

      It's all a plot for global domination.

    5. Re:Live by the GPL... by X-wes · · Score: 1

      Not necessarily.

      The other team could have chosen not to use any GPL code. They did choose to use GPL code, though, and this GPL code was not written by them. Thus, their current condition of being a "prisoner" is hardly accurate--they still have all the rights to their own code--the only code they are being "forced" to release is code others have written before.

      In a non-GPL project, the early code would have been copyrighted under a restrictive license, and there would be no "prisoners". There would also be no forks--except that when there are, you are not guaranteed rights--the original code owners can stop you dead in your tracks by not licensing you their code.

    6. Re:Live by the GPL... by bob+beta · · Score: 1

      In a non-GPL project, the early code would have been copyrighted under a restrictive license, and there would be no "prisoners".

      That's a fairly reckless assumption. There is tons and tons of disclosed source code that isn't under the GPL, and it's reusability varies wildly. There's all that freely reusable BSD code, for instance...

    7. Re:Live by the GPL... by cicadia · · Score: 1
      that's the only way out of the GPL, rewrite anything not done by the forking team.

      That's not quite true; it's not the only way out - you always have the option of negotiating with the original team for a different license under which to use the code.

      There's nothing special in this regard about the GPL - it's the same thing with code under any other license: either use it under the existing license, negotiate a more suitable license, or write your own code.

      --
      Living better through chemicals
    8. Re:Live by the GPL... by Alsee · · Score: 1

      Wow, sounds like everyone's a prisoner to GPL... Scary...

      Wahahaha! A prisoner of the GPL? Try forking a Microsoft copyrighted project and see what it REALLY means to be a prisoner.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  14. Isn't that the idea? by jlgolson · · Score: 4, Insightful

    Isn't the whole point of Open Source to share ideas and improve everybody's work?

    As long as you give credit and don't try to pass it off as your own, I don't see the problem... unless you are selling this product, in which case it's a tricky situation. Maybe take the idea and give credit but rewrite the code your own way?

    If you shared code originally, what's wrong with sharing it now?

  15. hm by CloudDrakken · · Score: 1

    illegal? no unethical? well if he's asking you to not do it I would say so.

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

      From the GPL:

      > You may not impose any further restrictions on the recipients'
      > exercise of the rights granted herein.

      So they are using GPL code, and are expressly forbidden from imposing any further restrictions.... yet it's ok for them to add further restrictions by asking people not to use their code?

      By your logic it's fine for MS to incorporate the entire linux codebase (kernel and OS) and just not distribute code to anyone else because they don't want to.

    2. Re:hm by BoomerSooner · · Score: 1

      So if he says breathing is unethical I suppose you should stop that too.

      Ethics are pointless too much grey area.

    3. Ethics are not determined by what one person asks you not to do. Depending on your philosophy, ethical could be what you feel is right for you, or it could be what society as a whole feels is right. In this case, I'm guessing that most people are going to back you up since most of us support the ideas behind the GPL in general, if not that particular license.

    4. Re:hm by einhverfr · · Score: 4, Insightful

      Furthermore you have the issue here hypocracy. Obviously one branch seems to think it is OK for them to use a common codebase developed by the other side, but not OK for the other side to do the same thing.

      If the guy doesn;t want to allow you to use his code, he shouldn't have used your code in the first place. What strikes me as particularly unethical here is that he used the common code base but did not want to return the favor, despite the fact that this use was dependent on such permission (the GPL). So in the end, this guy (the one who doesn't want to share his code) is essentially stealing by his own account and by his own standards. This is unethical by any reasonable standard.

      Again I think it is appropriate to use whatever code you want provided that you have legal permission to do so. I don't see any ethical issues because reciprocity exists.

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:hm by CloudDrakken · · Score: 1

      He was asking our opinions.

      If someone asks you to stop doing something that you can control (IE use of code) then it can be considered ethical to stop.

      Just because you can use it doesn't mean you have to.

    6. Re:hm by Anonymous Coward · · Score: 0
      So if he says breathing is unethical I suppose you should stop that too.

      I consider breathing to be unethical, until it gets re-released by $deity under the BSD license.

    7. Re:hm by m50d · · Score: 1

      No, he's saying it would be fine for MS to incorporate the entire linux codebase, release the source to their OS, but politely ask us not to actually use said source, and then it would be unethical of us to use the source.

      --
      I am trolling
    8. Re:hm by m50d · · Score: 1

      But upsetting someone is clearly ethically bad, even if you're doing something normal. If my brother gets awfully upset whenever I walk on the pavement on the left side of the street, not the right, then you could say it's unethical of me to walk on the left side, even though I'm not doing anything which would normally be considered wrong.

      --
      I am trolling
  16. Why do open source if you can't do this? by Anonymous Coward · · Score: 0

    Why do free software if you can't use anybody else's code? Isn't that what the whole point of open source is supposed to be?

  17. End the schism! by Anonymous Coward · · Score: 1, Funny

    The (X)Emacs split only helps the VIle!
    Kiss. Make up. In KISS makeup. Emacs akbar!

    1. Re:End the schism! by Anonymous Coward · · Score: 1, Funny

      I wish I had mod points...

      Figuring out what I'd do with them is left as an exercise for the reader.

  18. SlashEthics by whoop · · Score: 1

    No, you must have everyone and everything which does not act/think/behave exactly as you.

    Have a nice day.

    1. Re:SlashEthics by whoop · · Score: 2, Funny

      dang, meant to say "hate" there...

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

      aww, I thought you meant "have" in the sexual way...free as in beer often leads to free as in love!

  19. GPL is GPL by VivianC · · Score: 1

    If it is under the GPL and you are giving proper credit, I don't see the problem. I see this kind of sharing as part of the entire point of putting one's work under the GPL.

    There must be some bad blood for him to say something is under the GPL, except for you.

    --
    Viv

    Gmail invites for ip
  20. He's a twit by alw53 · · Score: 5, Informative


    He's a twit. How did he get his code base in the first place? By copying it, under GPL, from a community of people who wrote it and released it.
    They didn't have veto power over others using their code and neither does he.

    1. Re:He's a twit by BluhDeBluh · · Score: 1

      It seems you typoed Twat...

    2. Re:He's a twit by BeeRockxs · · Score: 1

      He's not a twit, and he's been coding lots of stuff in the original project before the fork.

  21. Goes with the territory. by supabeast! · · Score: 3, Interesting

    It's open-source. If he doesn't want certain people re-using the code, well, then he shouldn't release his code under the GPL. Trying to restrict use of open-source code because he has a personal grudge with a project he split off of is the real unethical behavior.

    If he wants to do this and not share with everyone, he needs to start over with his own commercial implementation from scratch. Until he does, just tell him to suck down a nice big mug of STFU.

  22. As ethical in return.. by perimorph · · Score: 5, Insightful

    If it's unethical to legally bring in code from the spinoff project with full credit given and the license terms followed, then how could it have been ethical for them to legally take your code base and spin it off within the terms of the license?

    I see both as being perfectly fine, but if they're going to get angry about it, that's just hypocracy on their part. (At least that's what it looks like without reading their side of the story.)

  23. It's fair game by smartin · · Score: 2, Insightful

    If it's an open source project their improvements are fair game, and it's in the best interests of both branches to share and use each others improvements on the common core parts of the software.

    --
    The difference between Canada and the USA is that in Canada healthcare is a right and gun ownership is a privilege.
    1. Re:It's fair game by Anonymous Coward · · Score: 0

      And your sig is also what's wrong with this country.

    2. Re:It's fair game by smartin · · Score: 1

      Don't worry, I'm sure Bush will outlaw free speach soon enough.

      --
      The difference between Canada and the USA is that in Canada healthcare is a right and gun ownership is a privilege.
  24. Do we believe in "open source", or not? by dfay · · Score: 2, Insightful

    Of course, much depends upon the licenses, but pretty much all of the open source and free software licenses are based on lofty principles of the sharing of information and code.

    If you believe that the spinoff developers really adher to the principles embodied in their license, not only is it okay to borrow, they should encourage it.

    It's as simple as that.

  25. You're in the right by Dr.+Photo · · Score: 1

    Gentle Reader,

    If he doesn't want you to use his code, he shouldn't license his additions under the GPL, whereupon you can sue him into the ground.

    Since he is licensing it under the GPL (as he must, since the original codebase is GPL), you should gently remind him of that fact.

  26. I think.. by boomgopher · · Score: 3, Insightful

    this guy needs to grow up. (Mods: I'm not trolling here). This is the worst thing about working in software: some developer's baby-like attitude about the code they write. Every fucking place I've worked has always had some guy who's pathological about his code. (for the peanut gallery: no, it's not me).

    What is it about coding that draws these types? Was it being beaten up in school, and now they're nuts about the one thing they're good at?

    --
    Your hybrid is not saving the environment. Its purpose is to make you feel good about buying something.
    1. Re:I think.. by the-build-chicken · · Score: 4, Insightful

      personally, I'll admit to being a bit of a nazi with code I've written...the reason has nothing to do with ego...it's because I'm sick of someone jumping into my code without consulting me, not truly understanding the reasons behind decisions I made, changing things and generally f#$%ing it all up...then, when the boss is looking for someone's ass to kick they're no where to be found or, when they are found, their response is "oh, thats name withhelds code".

      You could argue that I could blame those changes on the developer who checked them in, pull cvs logs etc etc...but when you're dealing with non technical bosses, you just look like you're trying to pass the buck, and they certainly don't understand the difference between lines 20-25 two days ago vs 25-29 now and why that broke things.

      So, code nazi-ism can be a self preservation method as well as being ego driven.

    2. Re:I think.. by ZorinLynx · · Score: 2, Interesting

      I knew someone who had this problem. I frequent TinyMUCKs, which are online text-based environments much like MUDs, only more socially oriented. TinyMUCK has a programming language called MUF (Multi-User Forth), and lots of people write MUF programs to do various silly things in the system.

      A while back there was a particular developer; let's just call her M, who would go utterly BALLISTIC if anyone tried to port her code from one TinyMUCK system to another. Even though she wasn't being paid for the work, she had this obsessive requirement that she be on the system and in control of the software at all times.

      Her eventually got the admins of various TinyMUCKs pissed off at her, and they wrote clones of her various programs, removing her code. She has since disappeared from the various TinyMUCKs.

      Funny how life works, eh?

      If you want to see an example of her paranoia, go to http://zorin.org/txt/quotes.txt and search for the string "huge warning". She must work for Microsoft, I swear. }:)

      -Z

    3. Re:I think.. by Tarpan · · Score: 1

      What? You mean you don't comment your code to include not only what it does, but why it does it? And maybe more importantly, why it does it the way you do it, and not some other way?

      And I thought I was the only one who didn't ;)

    4. Re:I think.. by holzp · · Score: 0

      You know, every fucking place I've worked at has had an asshole junior developers who is so pathological about his code, he thought we were all crazy for trying to keep it out of ours. Wierd eh?

    5. Re:I think.. by JanneM · · Score: 1

      What is it about coding that draws these types? Was it being beaten up in school, and now they're nuts about the one thing they're good at?

      Nothing. This is a known phenomena, and not limited to coding. When people pour a lot of time and effort into something, they get very possessive and defensive about the thing. It's an unconcious psychological mechanism - "I have spent a lot of effort on this. If it sucks, I have wasted all that time, money and energy. That would be really stupid of me, and I don't want to be stupid. In other words, it doesn't suck at all."

      This is true for coders, but also for architects, designers, illustrators, engineers - anywhere you have the same kind of dynamic of spending a lot of time on a single issue. And it's not only individuals either - companies behave the same way, frequently holding on to their in-hous projects long after they should have been dropped in favour of an existing external option.

      This is part of the reason you want to do UI design before anything else - it becomes a _lot_ harder to change anything after a first version is out, as the developers/designers/whatever are so protective of the stuff they've already accomplished. Even when it is obvious that some aspect needs changing, the prospect of having to rip out a lot of finished work causes quite understandable anguish.

      --
      Trust the Computer. The Computer is your friend.
    6. Re:I think.. by Pike65 · · Score: 2, Interesting

      What? You mean you don't comment your code to include not only what it does, but why it does it?

      Yeah, because when someone changes your code they always make a point of updating the comments. The 'non-technical boss' mentioned in the grandparent is unlikely to know the difference . . .

      I'm lucky in that I'm working in a two man dev team, and we've got a good working relationship. When I'm about to commit a change to his code to Subversion I point it out to him (he's the senior dev, knows his shit, and I value his opinion), and when he changes mine he does the same (due to professional courtesy - he normally knows he's right).

      For the most part this is what bothers me most about OSS. It seems to attract the egocentrics. Sure, we may all have Asperger's, but we also need to get along . . ,

      --
      "If being a geek means being passionate about something, then I pity those who aren't geeks." - Pike65
    7. Re:I think.. by Anonymous Coward · · Score: 0

      Well I personally go back and forth on this.. I like to share my code but it pisses me off when somebody else screws it up. For instance adding something without a unit test or using different variable name conventions , etc. When I edit other people's code I go out of my way to make my changes look like they "belong".

      So, I don't think it's about being beaten up in school (actually, probably more like we were the ones doing the beating :-), just annoyed that something we took a lot of time to do is being pissed on by someone else.

      I can totally understand why folks like djb don't allow redistribution of their code with changes. I'm not on his level of course but I'm sure if he BSD'd or GPL'd his code, it would turn to crap in the hands of all the high school Python open-source coders out there.

      So I guess what it boils down to is, some programmers are elitist fucks. :-)

    8. Re:I think.. by fwr · · Score: 3, Insightful

      I have to make a big assumption here, but it sounds to me like you work for a proprietary software company and not on an open source project. That is a totally different situation, and I can see your point in those circumstances. However, with open source projects the whole concept changes, and your concerns do not hold up to reality.

    9. Re:I think.. by Myopic · · Score: 1

      if they don't understand the reason for your decisions, you are either writing inadequately clear code or you are writing insufficient comments. good code can be easily understood.

    10. Re:I think.. by vondo · · Score: 1
      Or they just aren't as knowledgable programmers. This is not an unreasonable attitude. I have a project that is 95%+ my code. I don't want someone adding a snippet or two here and there without understanding a lot more about the whole project. If they do, they can screw it up. It's GPL'ed, so they can take it and do whatever they want, but I don't want to incorporate just anyone's changes into the "official" version.

      For the same reasons, Linux et. al. wouldn't be very interested in my kernel modifications.

    11. Re:I think.. by TractorBarry · · Score: 1

      Well if your co workers don't understand your code or the reasons why you've done things the way you have I'd say you have have one of two problems.

      1 Your co workers need training.
      2 You have insufficient comments in the code (or comments that are insufficiently clear)

      Where I work we used to have problem 2 but sufficient shouting soon got us into shape !

      --
      Sky subscribers are morons. They pay to be advertised at !
    12. Re:I think.. by Anonymous Coward · · Score: 0

      It's nazism. There is only one "i", and it's pronounced once.

  27. design direction by Anonymous Coward · · Score: 0

    As far as design direction goes, you guys -- the project leads -- should just agree to disagree. That doesn't mean you need to hate each other.

    GPL-wise, there's nothing wrong or unethical about what you're doing. Respect-wise... just talk with each other. I'm sure those guys would appreciate borrowing bits of your code here and there as well.

    I worked on a commercial game at a company where we had another team working in parallel with us on a second game. Although we were using the same 3D engine, the games were fairly different from each other. We frequently merged code changes that we found useful and they did the same. I think it resulted in better products for both of us.

  28. It doesn't matter... by Tsugumi · · Score: 4, Interesting
    whether you call it GPL or not. The idea here, folks, is to get shit done. The GPL et al is a handy way of making sure that you don't have to jump through hoops, or reinvent the wheel in order to get shit done - you just use the accumalated sum of human knowledge at your disposal to make things that people can use to do stuff.

    Can you imagine human history without being able to use other people's good ideas? I mean even if it's not derived? "I'm sorry, you can't have that steam train - I represent the estate of the ancient greeks, and we have a patent on the steam engine."

    Having said all that, accreditation is nice - aknowledge the work that people have done, it's cool that you are doing this. This is what polite people in academia do - just recognise the derivation of the idea, then use it with what you're doing.

    T

    1. Re:It doesn't matter... by iminplaya · · Score: 2, Insightful

      Can you imagine human history without being able to use other people's good ideas?

      That's exactly what has been happening for the last 300 years. Funny that you bring up the steam engine. Robert Fulton pulled just those kinds of stunts with his patents. The diesel engine suffered the same fate until its patents expired. The Wright Brothers and Glenn Curtis had quite a spat while developing their respective flying machines. Anyone who believes that IP law encourages innovation is sadly mistaken. The comments posted here should show that in spades. We need to remember that IP law was really designed from the beginning to restrict the common man's access to "high" technology. Anything else put forth by the drones is false and nothing more than a distraction from their desire to maintain their power.

      --
      What?
  29. Of course it's ethical by sholden · · Score: 1

    The license says you can, and more than that it is completely within the spirit of the GPL. I'd go as far as saying its one of the cases that motivates people to use the GPL over other licenses (always being able to merge changes from other public forks and branches).

  30. Code split? by dbIII · · Score: 4, Funny
    Tell RMS you really do want to use Emacs on X-Windows, and since he's not the developer it's none of his business anyway - if he doesn't like it, he can appoint another developer, spend a year teaching him C and fork Emacs if he wants to.

    Oh, that already happened.

    If you have a good reason, just split the code - emacs survived it, XFree86 survived it.

    1. Re:Code split? by FxChiP · · Score: 1
      XFree86 survived it.
      Well, not really - I believe most Linux distros use X.Org now. XFree86 is sorta obsoleted because of its license now.
    2. Re:Code split? by dbIII · · Score: 2, Insightful
      XFree86 survived it.

      Well, not really - I believe most Linux distros use X.Org now

      X.Org is mostly XFree86 code, not a new implementation of X - so it still survives and thrives in a split off form. Splitting XFree86 didn't produce two dead branches - it survived a fork.
    3. Re:Code split? by martinoforum · · Score: 1

      It would be hard to have two dead branches of X. It's sort of essential these days. That can't be said for a lot of projects.

    4. Re:Code split? by Anonymous Coward · · Score: 0

      If I had two dead branches, I'd use them to summon monsters to kill you all.

    5. Re:Code split? by archen · · Score: 1

      I thought the lawsuit was dropped when they were going to split emacs into a text editor and an operating system.

      er, wait that was windows.

    6. Re:Code split? by Anonymous Coward · · Score: 0

      Okay, you do that. I'll just cast ice walls nonstop every time I see you from now on.

    7. Re:Code split? by 10Ghz · · Score: 1

      As a whole, Xfree did not survive the fork. I believe just about all the distros moved to X.org from Xfree, and about 90% of Xfree-developers moved to X.org. Sure, Xfree still exists, but for all intents and purposes it's a dead project.

      X.org is mostly identical to Xfree before the license change. The newest version has a bit more changes (like COMPOSITE- and DAMAGE-extensions), and the difference between the two is getting bigger and bigger as X.org evolves whereas Xfree stands still.

      Of course, if you are referring to X, then it's doing just fine, if not better. But just because X is doing well, does not mean that Xfree is doing well. Xfree is just another X-implementation, just like X.org is. But Xfree is, for all intents and purposes, dead. It lost most of it's users and it's developers.

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    8. Re:Code split? by dbIII · · Score: 1
      Of course, if you are referring to X, then it's doing just fine, if not better.
      If you have only used X on linux you may not be aware that there are a very large number of implementations of X. What I am referring to, is the codebase from XFree86 which is alive and well and living in x.org, and not a dead and buried project.
    9. Re:Code split? by 10Ghz · · Score: 1
      f you have only used X on linux you may not be aware that there are a very large number of implementations of X.


      Well, excuse me if I didn't explicitly mention each and every X-implementation. I'm well aware that there are several (Accelerated-X, Metro-X and others).

      What I am referring to, is the codebase from XFree86 which is alive and well and living in x.org, and not a dead and buried project.

      Well, if the codebase of Xfree did not survive the fork, why would they fork in the first place? Just because right after the fork, the "old" codebase is alive and doing well, does not mean that the old project survived. And besides, the Xfree-code is being rewritten as we speak.

      So, of course that the old Xfree-codebase isn't going to disappear right away. You can still get and use the original Xfree, and it takes time to rewrite the Xfree-code in X.org. But, as time progresses, there will be less and less Xfree-code in X.org. And as time progresses, Xfree will be more and more obsolete.
      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    10. Re:Code split? by dbIII · · Score: 1
      each and every X-implementation. I'm well aware that there are several
      There are hundreds on a lot of platforms (a dozen on MS windows alone) since it is a well over decade old published standard.
      Well, if the codebase of Xfree did not survive the fork, why would they fork in the first place?
      Project politics.
      as time progresses, there will be less and less Xfree-code in X.org
      It is a very big project, and the differences between X.org and Xfree remain a very small percentage of the incredibly huge repositry of code there (which is in use and not abandoned - Xfree has survived in a new form and any intention to replace all the Xfree code with all new stuff just for the sake of it is stupid). A very large chunk of Xfree is the Open Group's example code of what an X server should look like anyway, which would be more than ten years old (hence "make world" to compile the thing).

      I think I am completely correct in saying that the inmplementation of X produced by XFree86 has survived a split and gone onto better things as X.org. It would take a very long time for a similar project starting fresh to build up a decent number of hardware drivers alone.

    11. Re:Code split? by 10Ghz · · Score: 1
      There are hundreds on a lot of platforms (a dozen on MS windows alone) since it is a well over decade old published standard.


      No shit Sherlock! How about telling me something that I didn't know?

      Project politics.


      License-incompatibility, stagnating developement, kicking put good developers (like Keith Packard) while hanging on to useless deadbeats (like Dave Wexelblat who uses Windows these days and doesn't do a thing when it comes to Xfree).

      I think I am completely correct in saying that the inmplementation of X produced by XFree86 has survived a split and gone onto better things as X.org.


      Yep. And Xfree the project is dead, while the code they wrote still exists. And I fail to see how that contradicts with my comments.
      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    12. Re:Code split? by dbIII · · Score: 1
      Yep. And Xfree the project is dead, while the code they wrote still exists
      So the code survived the split - splits can be good - hence my earlier post which appears to have been completlely misunderstood.

      We don't need to write a new implementation of X from scratch just because someone is being an arsehole just like a whole new version of emacs didn't have to be written from scratch just because RMS was being difficult to communicate with.

  31. Re:On the Ethics of a Code Split? by Anonymous Coward · · Score: 0

    Actually under the GPL, the other guy doesn't have to make his changes available if he never plans to distribute the new project in any way.

  32. I don't understand his problem. by Jaywalk · · Score: 4, Interesting
    I'm pretty rigid when it comes to ethical stuff, but where is the ethical dilemma in this? Unless you're taking trade secrets from a competitor or claiming that the new code is your own, there is no moral conflict involved. Sure, you're using someone else's work, but isn't that what code reuse is all about? It sounds more like Best Practices than an ethical problem.

    Arguably, it might have been more polically aware to ask permission before using the code, but I'd say the more serious problem is that the leader of the spinoff doesn't appear to fully understand the concept of the GPL. Anybody can take a project and expand on it. That code can, in turn, be added to any other project. It's all about sharing and showing your stuff, so someone using your code should be taken as a compliment, not theft.

    Maybe you could try and talk to him and ask why this is a problem; perhaps it's a matter that can be settled. In any case I wouldn't borrow any more of their code until the matter is cleared up since that would only escalate the feud.

    --
    ===== Murphy's Law is recursive. =====
    1. Re:I don't understand his problem. by JoshRosenbaum · · Score: 1

      I think he should keep taking the code. As long as he notes where the code comes from, it's perfectly fine and ethical. The person with a problem should respond to some of those penis enlargement spams. :)

    2. Re:I don't understand his problem. by Aighearach · · Score: 1

      I think asking permission to use GPL code is a terrible waste of the person's time who you're asking. After all, the answer is explicitly given in advance, in the GPL itself. Instead, send the author of what has been used a brownie button email thanking them for their code, once you have already released your derivative. That is the time when they will get the maximum fuzzies from the knowledge.

  33. fare enough... by bikerguy99 · · Score: 1

    to have generated a story on /.

    1. Re:fare enough... by Anonymous Coward · · Score: 0

      Are you sure you don't mean 'fair'(equally good to everyone/a place with rides for children) rather than 'fare'(a toll for passage)?

    2. Re:fare enough... by bikerguy99 · · Score: 1

      i didn't know these are two different words.... fair that is

  34. while ( upsetOver( (Situation) this ) ) { Ego--; } by Anonymous Coward · · Score: 0

    Of course you can take code from another project with a compatible lisence, and of course he can only release poorly documanted code with packaged binaries.

    Take a step back, and stop treating your hobby and it's related community's politics as if it's a life or death international incident. And of course, the same advice applies to the guy who wants to intentionally mess up his documentation to make code sharing inconvenient.

    Honestly, I think the vast majority of the world's open source nerds could use an ego deflation.

  35. I remeber when by IcarusMoth · · Score: 1

    I rememeber when me and my other personalities were doing a program for class, and due to internal politics, the code got forked. well long story short, I turned in thier code, and they got mad, and I was like "whatever, whatever I do what I want"

    But seriously, code forks, and splits are tricky things. especailly if its not an amicable one. In this situation, even though it is allowed by the Liscense, maybe the best course of actions is to abide by the wishes of the other party. I doubt that this is the first time, that this has happened in open source, and will not be the last. When you have a lot of talented people working on identical projects, in competition, with open doors to whats under the hood, people will look.

    thusly it is probably in the best interest of both projects to keep out of each other's kitchens as it were. This provides both the incentive of boosted competition, and also the added benefit of better inovation. becasuse as long as you are copying, your code is not evolving.

    1. Re:I remeber when by IcarusMoth · · Score: 1, Insightful

      Additionally, The GPL is a legal guideline, not an ethical guideline. So while the GPL does protect Project A's right to aquire code from Project B, It has nothing to do with the Ethical ramifications of that action.

      A large part of Ethics is RESPECT. And doing what is right. And for those who say its still ok. then I ask you; If MegaTechCo. decides to fire 3/4ths of its IT staff the night before christmas, ship those jobs off to Turkinistanbul and give the Higher Ups a $2million Bonus. Is it
      A) Legal
      or
      B) Ethical
      Are they two differnt things now?
      -----
      See it all makes sense when you pull your head out of your @$$

    2. Re:I remeber when by kalidasa · · Score: 3, Interesting

      Ah, but the GPL is also an ETHICAL document. The purpose of the GPL is to share code. It's not merely that sharing code is *permitted* by the GPL, but that it is *encouraged* - indeed, prescribed by the GPL. The purpose of the GPL is to disseminated shared and reused code, and obfuscation and claims of "code theft" are in direct opposition to the moral basis of the GPL. In other words, you're comparing a prescription to a proscription.

  36. Who cares? by tomstdenis · · Score: 1, Funny

    If the other little dweeb released his code under the GPL too than I say suck it dry. Use all the work without a second thought.

    Of course if you guys share so much code why not just make a 3rd library of the shared code and be done with? E.g. take the intersection of your projects and make that a new library. That way you can focus on your particular tweaks and still be happy.

    Of course I can come up with these cool ideas because I'm a forking genious.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:Who cares? by rzebram · · Score: 1

      Mod parent up! His ideas are forking wonderful!

  37. I just love an ethics war in the evening... by jxliv7 · · Score: 1

    Obviously, there was a separation (a split). So while one spouse may think they can take stuff out of the other spouse's fridge, that spouse may have been saving that piece of pie for dessert. However, if it was a separation and not a divorce, they're still married and if one spouse won the lottery, in most states it would be split 50-50.

    Possible things that could happen: the offended fork might put a poison pill in with its code; the fork that's taking ignores any protests until the projects are completed; the offended fork closes off any acces to the code; or the forks agree to spoonfeed each other.

    My inclination is that both forks should share -- and if there's animosity, the problem runs deeper than just a fork in the code.

    --
    jon

    1. Re:I just love an ethics war in the evening... by dreamer-of-rules · · Score: 2, Insightful

      ...except that when you take out that piece of pie that your spouse was saving, there's still as much pie left in the fridge.

      In a code split, stuff gets split 100-100.

      --
      Everyone is entitled to his own opinions, but not his own facts.
  38. As a developer... by jd · · Score: 5, Insightful
    I'd say it's perfectly legal under the GPL - indeed, I asked Richard Stallman to confirm a very similar point, just in case I'd misunderstood the license.


    Is it ethical? Hell, yes! The whole idea of Open Source is to produce the best damn code possible. If it weren't, there'd be no point. It'd just be an ego-trip and flag-waving exhibition. Sure, some projects are just that, and some developers are only concerned with themselves. Such projects and such people rarely last, either in open or closed-source environments. When all you can see is yourself, you're obstructing the view of any goal you might want to reach.


    You cut bits out & give them credit. They do the same with what you produce. In the end, the fork will either produce two completely different products that were initially entangled, or will re-merge when it's finally understood that the different people were viewing the same problem, only from different viewpoints and/or with a focus on some specific part of it.


    For what it's worth, I say go for it. The other person has neither ethical nor legal ground to stand on, if it's GPL, LGPL or BSD.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:As a developer... by Angst+Badger · · Score: 1

      It'd just be an ego-trip and flag-waving exhibition. Sure, some projects are just that, and some developers are only concerned with themselves. Such projects and such people rarely last, either in open or closed-source environments.

      Unless it's BIND, anyway.

      --
      Proud member of the Weirdo-American community.
    2. Re:As a developer... by Anonymous Coward · · Score: 0

      Really, your sig material works just as well as an argument.

      What do we need to make our world come alive? What does it take to make us sing? (SoM // Vision Th[ing]

      OK, the song's a crystal meth hallucination about George Bush 41 paying for the Kennedy assassination, so it's mainstream credibility is approximately zero. But what's next in the lyrics?

      What does it take to make us sing?
      While we're waiting for the next one to arrive
      One million points of light
      One billion dollar vision thing


      Billion dollar vision thing? Isn't that Linux?

      In my delusional state this pretty much reads like the open source dream, or nightmare.

      But by all means credit your fellow points of light.

  39. Huh? by peterdaly · · Score: 2, Interesting

    If we are talking about the GPL, not only is it ethical, but it's expected and encouraged by the community at large!

  40. have I missed something? by Class+Act+Dynamo · · Score: 1

    Some of the posts seem to imply that other leader of the other fork is somehow mad about the poster using code from the other fork. Has this person whined about it, or are we just assuming this?

    --
    My other computer is a Jacquard loom.
    1. Re:have I missed something? by anagama · · Score: 1

      • Some of the posts seem to imply that other leader of the other fork is somehow mad about the poster using code from the other fork.

      From the summary (the part under the ad):

      • "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet [sic] angry at us for doing that ...


      So apparently, there are no assumptions being made about the other guy being angry.

      --
      What changed under Obama? Nothing Good
    2. Re:have I missed something? by Darthmalt · · Score: 1

      Some of the posts seem to imply that other leader of the other fork is somehow mad about the poster using code from the other fork. Has this person whined about it, or are we just assuming this? From TFSummary) "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff."

    3. Re:have I missed something? by Anonymous Coward · · Score: 0

      Yes, you have missed something.

  41. Forks are quite common by EmbeddedJanitor · · Score: 4, Interesting
    Forking happens more than people realise. Something I've seen a few times is A is the developer/maintainer of some code and B develops a new feature/fixes a bug etc and sends it back to A. A refuses to accept the patch. This forces B to fork or live withouth the patch.

    I've seen this happen in pretty important chunks of code - even gcc - which is pretty sad.

    As a maintainer for a file system, I try to treat people as "customers". Sure, unless they're paying, they don't have any legal rights, but there is still some moral obligation to serve. I try to add the features that people want without breaking the design goals etc. I'm sure this is easier with a file system which is very deeply buried than with a userpsace program where everybody has a beef about itty-bitty features.

    --
    Engineering is the art of compromise.
    1. Re:Forks are quite common by norwoodites · · Score: 1

      Most of the time with GCC, the problem is the person is not following the rules when submitting the patch, mainly submitting a new feature against a release branch. (ssp is an example of this).

    2. Re:Forks are quite common by ComputerSlicer23 · · Score: 2, Informative
      Uhhh, I'm fairly sure this is a reference towards "egcs", which the problem was (according to the egcs guys at least). GNU GCC folks wouldn't get off their ass and apply patches that fixed real life bugs (or give feedback on what had to be done to the patches to get them applied). In the end, everybody was applying a huge set of patches to gcc that the maintainers wouldn't take. Some people got tired of it, and formed egcs (I believe that's the cygwin guys who are now RedHat guys, but don't quote me on that one).

      GCC at the time was pretty well know for being overly conservative for accepting patches. It appears that this is long since past. Essentially, because GCC lost and EGCS won. EGCS proved it was stable and produced better code then the GCC tree. So egcs 1.X.YY became gcc 2.91 I believe.

      (By the way, what the heck is ssp? I've heard of SSA, but not ssp in reference to GCC).

      Kirby

    3. Re:Forks are quite common by norwoodites · · Score: 5, Interesting

      The maintainer of gcc at that time was one person, Kenner, who said everytime someone submitted a patch, he would do a better patch next week. That is the reason for the split. Overly conservative is not the world for this, it was just plain stupid and a political mess.

      And it was more than just the cygnus people, it was also IBM and the fortran maintainer and other people too (yes IBM was involved with GCC before 1999) who founded EGCS, see about some of the history of EGCS project and GCC.

      SSP is also called propolice. The writter of it submitted it against a release branch which was the main reason why it got rejected and it was too big to review.

    4. Re:Forks are quite common by Asprin · · Score: 3, Insightful


      As a maintainer for a file system, I try to treat people as "customers". Sure, unless they're paying, they don't have any legal rights, but there is still some moral obligation to serve.

      According to *my* EULAs, I don't have any legal rights even when I *am* paying. ;)

      --
      "Lawyers are for sucks."
      - Doug McKenzie
    5. Re:Forks are quite common by Anonymous Coward · · Score: 0

      Forks are not necessarily a bad thing; however, they're only news when they're bad. There are many forks that occur to conduct experiments on a stable codebase. At the end, either the experiment is a success and integrated into the main tree or deemed a failure and let to die (with the main trunk no worse for the wear).

      This is similar to (sometimes the same as) branching. The difference in terms refers more to how people behave rather than anything technical.

  42. How is it unethical? by sean23007 · · Score: 1

    If both projects are under the GPL, there's no reason you shouldn't take his code and use it in your own. He has to realize that both projects are based on the same code and are aiming to do close to the same thing ... and also that he forked the code and is releasing it under the GPL himself (under the rules of the GPL). If he doesn't want you taking his GPL code when he took yours, then he's just being unreasonable and should rewrite everything and keep it closed. Additionally, aren't you guys supposed to be on the same side? Why would he want to hinder your progress on the way to completing a project?

    In short, you're on the same side and are making two GPL programs based on the same source. You are free to use his code and he's free to use yours. If anything, it's good.

    --

    Lack of eloquence does not denote lack of intelligence, though they often coincide.
  43. Advertising Campaign by telstar · · Score: 0, Troll

    Well, since the original story submitter didn't want to tell me who he was, I figured I'd dig.

    His email address was listed as mcwizard@gmx.de.
    A Google of that turned up a forum containing a post with both his email address and his name: Helge Richter
    Google again for Helge Richter, and we get a Sourceforge profile listing three project affiliations:

    MegaMekNet
    MegaMek
    and
    Provoke

    Scary world we live in, isn't it?

  44. First off... by drigz · · Score: 2, Funny

    First off, I'd have a look at their code and see if they'd taken anything from me...

  45. The licence is king by Chuck+Chunder · · Score: 4, Insightful

    If anyone is being unethical it is the other party for trying to browbeat into place additional restrictions on top of the GPL

    Open Source and Free Software work so well because no matter what differing motivations and desires different people have we all can all come together with a given licence as a basis for a sort of social contract.

    If a party is trying to restrict what the licence in question normally allows then it is they that is being unethical.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
    1. Re:The licence is king by Takumi2501 · · Score: 3, Insightful

      I agree 100%. The purpose of the GPL is creating freely available software. In fact, anybody who's bothered to read the agreement knows that the developer is also bound by certain rules. One of which (at least in the case of the GNU GPL) is not to impose additional restrictions on the software. It's not just a matter of ethics.

      --
      Sent from my computer.
      Now GET OFF MY LAWN!
    2. Re:The licence is king by HiThere · · Score: 1

      Perhaps you should read the GPL again. The license only specifies what is legally required, but from the licensing point of view one is clearly allowed to use it in ANY GPL COMPATIBLE WAY that one chooses. Including putting it into another GPL program.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:The licence is king by Anonymous Coward · · Score: 0

      No, you should be modded "moron" for speaking about things you don't understand. You don't have agree with the "in" crowd, but it helps to get your fucking facts straight.

      You bitch about the ethics of stealing IP, but if anyone is stealing anyones IP, it would be the forked project that lifted and rebranded the originating projects entire code base.

      However, since both projects are GPL (RTFL!), both projects can take from each other as they see fit.

  46. Project is MegaMek by ChrisDolan · · Score: 2, Interesting

    For the curious, Google turns up that mcwizard is on the MegaMekNet and MegaMek projects. Both are games: Java clones of BattleTech.

    1. Re:Project is MegaMek by BeeRockxs · · Score: 1

      Not exactly, MegaMek is the java clone of BattleTech, MegaMekNET/MekWars is a campaign program that uses MegaMek.

  47. Hmmm by Sophrosyne · · Score: 2, Funny

    ...well, at least we finally know why Longhorn was delayed.

  48. Re:What the heck is a "code split?" by Anonymous Coward · · Score: 0

    You are an idiot.

  49. How is it unethical? by Drgnkght · · Score: 3, Insightful

    How, exactly, is it unethical to take small snippets of code from a fork? Remember, to start the fork the spin-off team took the original project's entire codebase. All of it. You are not in the wrong here. The fork has to maintain the GPL license (or completely rewrite all the pre-existing code). Given that the GPL made it ok for them to take your project's codebase and start a fork, they can not claim foul when you do the same thing to them.

    This is all about someone's ego. Squash it or not as you see fit.

    In other words, do *you* care what they think of your use of their code. In this situation, that is about all that really matters.

  50. Re:On the Ethics of a Code Split? by IO+ERROR · · Score: 1
    Actually under the GPL, the other guy doesn't have to make his changes available if he never plans to distribute the new project in any way.

    The guy obviously is distributing; he's running a public CVS server and making public releases every so often. Each of those is distribution under the GPL. But your point deserves to be modded up; people sometimes forget that you don't have to distribute at all.

    --
    How am I supposed to fit a pithy, relevant quote into 120 characters?
  51. eliminate him by Anonymous Coward · · Score: 0

    If it's a spinoff, then his code base is a derivative of another work. Coupled with the GPL, there is nothing 'unethical' or 'rude' about taking code from this fork. If anything, it's unethical for this moron to prevent such use. I suggest you discuss his behaviour with other project members. Both projects will be better off without him.

  52. Re:On the Ethics of a Code Split? by JeremyALogan · · Score: 1

    I completely agree with this. One could also, easily, make the argument that he took your code when he forked the project. I'd even be willing to wager that he's taken a lot more of yours than you've taken of his. Maybe pointing this out might help put out some flames (probably not).

  53. Why not ask them? by timothy · · Score: 1

    This seems like a lot of hand-wringing over something not worth the time.

    Why not say (friendly, or cordial, or casual, or merely polite, however the split you describe has left things) "Hey, we're looking through your code to see if anything applies to our half of the great divide. Is that OK with you?"

    If the source is freely open, why is it a question? If you don't find it "ethical," why would someone else's opinion matter to you? If you *do* find it ethical, even more so ...

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  54. Besides the ethics by oo_waratah · · Score: 2, Interesting

    There is a difference of opinion. In both patches and directions. The trick here is to be the best person possible in these situations.

    a) Post minor bug fixes between code to their bug notification system. Prove that you have good faith and are not sabotaging their ability to compete, you have a difference in opinion about methods but you are working on the same goal.

    b) Post a request for developers to cross post any bug fixes into your system to the list. Request that the project sponsor post this on their page. (Sounds like they will decline but you should be polite and officially ask).

    There is no real ethical debate here. The reason for the fork is apparent and ANY code changes that makes the project a better one is for the common good. Is is anoying when the competition "stands upon the shoulder of giants", hell yes.

    Ego and programming do not mix and is the biggest problem with most developers.

  55. Legal ain't Moral by dscho · · Score: 1

    You meant the spirit of GNU. The GPL just tries to force you to abide by the spirit of the GNU project.

    Anyway, even if the other developer has to big an ego, it's always a good idea to make him calm down with soothing words. After all, everything he wants is probably a little bit of recognition. The need for recognition is what drives Open Source, not the need for good software, right?

    1. Re:Legal ain't Moral by name773 · · Score: 1

      i think both are important needs in the driving of open source... especially when people with these different needs meet and the ones looking for recognition can program/do html/write documentation/translate/etc.

    2. Re:Legal ain't Moral by Anonymous Coward · · Score: 0

      It sounds like the other developer was/is being given recognition though.

  56. Um? by he-sk · · Score: 1

    Isn't that the whole point of Free Software?

    --
    Free Manning, jail Obama.
  57. Re: When code is GPL'ed... by jcole · · Score: 2, Informative

    It's *OURS*, not mine.

    That's the whole idea.

    Also, copying bits from one GPL program to another GPL program is not out of the ordinary. This is a constant in open source software.

    To minimize confusion, every developer should probably read (and understand) the GPL.

    http://www.gnu.org/copyleft/gpl.html
    "You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty;"

    -Joe

  58. Commercial? by khrtt · · Score: 1

    If you were both working on two commercial projects for a company (with a reasonable management)... he probably wouldn't be working there anymore. That's assuming that a fork over differences in design decisions would be allowed in the first place.

  59. He doesn't get it, does he by Thangodin · · Score: 2, Insightful

    The point of GPL is sharing. The other team leader is an egotistical idiot. Take what you want. If he were anything but an idiot, he would be flattered, and he would take anything from yours that came in handy. But he's one of those arrogant fools who thinks that everything he does is better than everyone else. His opinion is not worthy of consideration. So don't consider it.

  60. It is not unethical or illegal by Anonymous Coward · · Score: 0

    Dont let this bother you. If the moron wants to hide his code then he should try and go closed source. Then hopefully be sued into freedom (from his house, car, life).

    This sounds like a case of phpnuke.

  61. I know what the project is! by Anonymous Coward · · Score: 0

    http://www.megamek.net/

    mcwizard@gmx.de = submitter email
    google search

    First result! You WILL have publicity, darn it!

  62. Is it MegaMek.net ? by bergeron76 · · Score: 1

    I wonder if this might be the project: http://sourceforge.net/projects/megameknet/

    --
    Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
  63. Turn the tables by Geoffreyerffoeg · · Score: 1

    If he's threatening to obfuscate his changelog...keep his changes you want rolled into a single patchfile, and apply the patch with the next major release. Credit the changes, surely, but don't make them whenever you see them. Do it all at once, or as a .1 release to the program.

  64. Nothing wrong with it... by glenebob · · Score: 1

    Nothing unethical about it at all. The entire fork is based on code that you helped write in the first place!!!

    I say the other guy needs to wash the sand out of his vananay and move on.

  65. You're in the clear by lobsterGun · · Score: 1

    Your Karma is undamaged.

    That other guy clearly doesn't understand what the GPL is all about. It sounds like he is more interested in owning the project than he is in writing code.

  66. Sorry, more context needed here by museumpeace · · Score: 1

    if two groups of coders parted ways but are still being paid by the same company, you put yer f***ing egos on the coatrack when you come to work and anything that anybody thinks up that makes any product better should be available to all within the company. "credit" is just for performance reviews. Attribution may be either useful or detrimental for code reviews, depending strongly on the culture of development in the company.

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  67. Say what? by Anonymous Coward · · Score: 0

    To get angry at somebody is a deficiency of cracs?

    Oh, you mean 'hypocrisy'. Yeah, sorry about that, I thought you knew how to spell...

    1. Re:Say what? by Pantero+Blanco · · Score: 1

      Nah, if a Democracy is a nation run by the people, a hypocracy is a nation run by hypocrites. :D

      By the way, the grandparent post made a pretty good point (if a little redundant by now) despite his spelling error.

  68. Been there, done that by Revar · · Score: 1

    A few years back, I had a project amicably fork from mine. Their project went in a considerably different direction, before swerving back more into a similar direction as my own codebase.

    As time went on, both groups would cheerfully swipe code, bugfixes and ideas from each other, with thanks and credits in the checkin notes and changelogs. It was all friendly and in the open, so nobody minded.

    Obviously, I see no ethical problem with this.

  69. Reminiscent of an older story by JNighthawk · · Score: 1

    I remember reading about, I believe, an emulator that was released into the public domain. Afterwards, some people who liked the emulator found out another project was using code from the emulator without crediting it. They got very angry, until the creator of the emulator came out and said that's the reason he released it into the public domain in the first place. It's public code, he *wants* people to use his code.

    Same thing with the GPL, I believe.

    --
    Wheel in the sky keeps on turnin'.
    1. Re:Reminiscent of an older story by Anonymous Coward · · Score: 1, Informative

      That would be PocketNES, coded by Loopy. The game was Jajamaru Jr. by Jaleco.

      And to think that people called it stealing even AFTER Loopy spoke on the matter. As if it was their place to make that call, and not Loopy's. Fucking idiots.

    2. Re:Reminiscent of an older story by JNighthawk · · Score: 1

      Do you happen to have some links? I'd like to read over that. When I read it, there had been no replies after Loopy spoke about it.

      --
      Wheel in the sky keeps on turnin'.
  70. Read the GPL, he's required to release the code by kawabago · · Score: 0

    There is nothing wrong with what you're doing. That is exactly how the GPL was intended things to work. After all, he's using your code too!

  71. And here we have ... by Sweetshark · · Score: 5, Informative

    McWizard in the red corner with Megameknet/Megamek:
    http://sourceforge.net/projects/megameknet/
    and in the blue corner urgru with mekwars:
    http://sourceforge.net/projects/mekwars/

    Is this what its all about?

  72. Bitter much? by Anonymous Coward · · Score: 0

    Sounds like the "leader" of the spin off group is bitter about something (maybe it's why he spun off the code to begin with?) and is just being an ass. Maybe you should point out that he and his spin off project wouldn't even EXIST if it weren't for your project that they spun off from.

    Of course, he can certainly obfuscate his code and changelog all he wants. Nothing legally wrong with that. He only has to release his changes when he releases his product in some manner as well. But if he does that, he probably won't be getting much community help. That's one of the great things about open source. If people want to use or contribute to one codebase because of political/legal/moral/ethical reasons whether real or perceived, then that's their right. If someone wants to look purely for the best technical implementation or the one with the 'nicest' community of developers that they can fit into well, etc, then more power to them.

    At any rate, you are neither doing anything legally wrong nor ethically wrong. Not even ethically questionable imho. This is how the GPL works. If the other guy doesn't like it, he can just not release his changes under the- oh wait, he used your codebase to begin with. Welp, looks like if he has that much of a problem with it, he can go write his own from scratch and use whatever license he wants.

  73. On Obfuscation and Open Source by cookie_cutter · · Score: 4, Informative
    Deliberate obfuscation of released source is a violation of the GPL, because obfuscated source is not the actual source; it is not what would be used for further development.

    This is laid out in the open source definition, of which the GPL fits, which explicitly forbids obfuscated source.

    Whether and how this applies to changelogs is another matter, since those could be interpreted as not being part of the source.

    However, if the changelog is important for understanding the source, then I would interpret the GPL as regarding the changelog as part of the source code for the project, and therefore subject to the redistribution clause of the GPL.

    1. Re:On Obfuscation and Open Source by A+Commentor · · Score: 1
      However, if the changelog is important for understanding the source, then I would interpret the GPL as regarding the changelog as part of the source code for the project, and therefore subject to the redistribution clause of the GPL.

      There is no way that the changelog could be considered part of the source. Where in the GPL license does it say a project has to have a changelog?
      --

      Looking for any old 8-bit Heathkit/Zenith software/hardware - http://heathkit.garlanger.com

    2. Re:On Obfuscation and Open Source by cookie_cutter · · Score: 1
      Correct, the gpl does not mention changelog specifically. It defines the source as:

      "The source code for a work means the preferred form of the work for making modifications to it. "

      If the changelog is a component of the preferred form of the work for making modifications to it, then it is classified as part of the source code.

      Now, why threaten witholding or obfuscating the changelog, in this situation, if it isn't preferred when making modifications?

    3. Re:On Obfuscation and Open Source by falstaff · · Score: 0, Flamebait

      Rules out a lot of perl code that is GPL.

    4. Re:On Obfuscation and Open Source by Anonymous Coward · · Score: 0

      Put the Changelog under the GPL and there you go...

      If I remember correctly it only takes a bit of text to do too..

      There is NOTHING in the GPL that says the changelog has to be there. But the whole PROJECT must be GPL. As the changelog is usually included...

    5. Re:On Obfuscation and Open Source by ISayWeOnlyToBePolite · · Score: 1

      Section 2a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
      Is by some interpreted as a demand for a changelog. (check the debian-legal archives for more info on this with regards to mplayer, it's the remaning showstopper as I remember).

    6. Re:On Obfuscation and Open Source by m50d · · Score: 1

      Sorry, how is that a problem? What if it was a closed source project that had just been GPLed, and so had no changelog as yet? The current version is GPL, so surely Debian can use it?

      --
      I am trolling
    7. Re:On Obfuscation and Open Source by lachlan76 · · Score: 1

      Because it isn't going to be as easy to check every source file for modifications, and to then check what has been fixed, and what has been added.

    8. Re:On Obfuscation and Open Source by ISayWeOnlyToBePolite · · Score: 1

      "What if it was a closed source project that had just been GPLed, and so had no changelog as yet?"
      They used other peoples gpl code, thus it is a problem.

  74. Do unto others.. by irc.goatse.cx+troll · · Score: 1

    Just don't do anything you wouldn't want them to do. Legally you're already fine, but thats the best moral test.

    --
    Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
  75. That's not what the GPL is for ... by Anonymous Coward · · Score: 0

    The GPL was not created with the intent of "getting shit done". The purpose of the GPL is to create a community where people contribute and share for the greater good of the community.

    It's not about producing the best code possible or having access to free stuff or beating Microsoft. You're confusing Open Source with GNU.

    Slightly off-topic, perhaps, but it's always worth reminding people that the FSF and GNU have an agenda, and that is to play nicely with one another. Everything else is secondary.

    For this particular case, yes, it's entirely appropriate to use code from the other project. That is precisely the intent of the GPL - to make sure that people cannot hoard the work of others.

  76. Why not offer a "Cross License"? by antispam_ben · · Score: 1

    "We've recently had a code split at a project I'm leading."

    So you WERE leading the whole project, now you're leading ONE of the forks? That's how I understand it.

    TFQ is unclear on this, so I'm trusting the other posters who say that both forks are GPL. In this case it's technically fine to use the code while giving full credit, but from the tone of "is this ethically okay?" it seems the problem is more political than ethical. So...

    Why not offer up any of the changes in YOUR fork in echange (even though they are technically available anyway through the GPL)? Are these not wanted? Why or why not?

    What else is going on in this situation that you didn't tell us?

    --
    Tag lost or not installed.
    1. Re:Why not offer a "Cross License"? by Anonymous Coward · · Score: 0

      I think you neglected to read the final paragraph: "we've more than once invited him to copy code from our project."

  77. Don't fret ... by chris_sawtell · · Score: 1

    He's being an obnoxious prat. A two year old who cannot share. He shold remember that all great things are built by climbing on the sholders of others. ( c.f. Newton, & Torvalds )

  78. Was it... by Kusuriya · · Score: 1

    Was it unethical for him to take your program and make a spin off using all your core code? Seriously I would think it would be kinda unethical to prevent your pearnt program from takeing the modifications you made to their origonal code.. its the least you could do for them makeing all the core code in the first place. more over hes a twit. HONESTLY id be happy just that you credited me. If I had a dollar that somebody took my code from one project or another I would be a rich rich man. but its no skin off my nose.. Like most people im just flattered that some one liked what I wrote and bothered to steal it.

  79. rms? by Anonymous Coward · · Score: 0

    Is that you?

  80. NOT the spirit of the BSD license. by Anonymous Coward · · Score: 0
    Exactly zero of the proprietary vendors of products containing BSD derivitives that I know of would agree tht the spirit of the BSD license is that a forked project (theirs) should be copied from.

    This distinction is exactly what makes the GPL so powerful, and IMHO why Linux won over the BSDs. If RedHat could keep "their linux" proprietary, there's no way IBM would support them in the manner they do today.

    1. Re:NOT the spirit of the BSD license. by mabinogi · · Score: 2, Informative

      you're confusing a side effect of the license with the spirit of the license.

      The difference between the GPL and BSD licenses is that the GPL enforces the spirit, that doesn't mean that BSD doesn't have the spirit of freely available and shareable code at its heart.

      --
      Advanced users are users too!
    2. Re:NOT the spirit of the BSD license. by out_of_ideas · · Score: 1
      the GPL enforces the spirit


      As opposed to BSD, which enforces the letter?
    3. Re:NOT the spirit of the BSD license. by Anonymous Coward · · Score: 0

      I'd say that the Spirit of BSD is that it encourages proprietary offshoots. At least that's the benefit mentioned by the teams behind BSD-licensed packages often cite for prefering it over the GPL.

    4. Re:NOT the spirit of the BSD license. by Zero+Sum · · Score: 1
      And the BSD'ers consider that any enforcement is ungentlemanly and uneccessary between friends.

      Besides, no one has considered the flip side of the coin. taking code and not giving it back, well it has it's consequences in direct proportion the magnitude of the offence. Frex, MS appropriateed BSDs networking code and thus allowed Windows on the Internet. Look at the conswquences. If they had had to write the TCP/IP stack from scratch, they would have a much better grasp of network security and would doubless have a far better (but probably less capable) operating system for sale.

      They may have gained huge profit but at what cost to reputation. When the tide does turn, it will turn with a roar. Having your customers hate your guts is very unfortunate.

      --

      Zero Sum (don't amount to much). [root@localhost]

    5. Re:NOT the spirit of the BSD license. by Antique+Geekmeister · · Score: 1

      Nah. MS had several other TCP stacks available for a quite modest purchase price, even some stacks that were noticably better than BSD's. Several technically brilliant but small companies went under when Microsoft folded TCP into Windows 3.1x and took out their markets.

    6. Re:NOT the spirit of the BSD license. by Zero+Sum · · Score: 1

      Would it really have mattered which onw they used? The issue is that they didn't write it and consequently didn't know how to handle it.

      --

      Zero Sum (don't amount to much). [root@localhost]

  81. Unethical? What?! by jidar · · Score: 2, Insightful

    Not only is it NOT unethical, it's precisely what you SHOULD be doing. Anyone who thinks this is unethical completely misses the point behind the free software movement. Quite frankly, I wouldn't trust anyone who takes that kind of position either.

    --
    Sigs are awesome huh?
  82. Rude? by SpecBear · · Score: 4, Insightful

    Say to him "No, rude would be if I told you to go get stuffed, like I'm about to do." You are using the code in a manner that isn't just permmited by the license, it's intended by the license.

    I'm sick and tired of these fairweather open source developers. They're all for it when it means they can get a jumpstart on their project using freely available code and not have to ask permission. They're all for it when it means they look at what others have done for inspiration. They're all for it when it means they can attract more developers with the promise that their code won't be locked away to wither and rot so long as someone, anyone is interested in it. But once someone starts using it in a manner they don't approve of, they're up in arms.

    Hey, that's the GPL. If it's all his code, he can stop releasing it under the GPL and use a more restrictive license. Otherwise, tell that arrogant bastard he needs to look down on all the GPL shoulders he's standing on and rethink his position.

  83. Code Split by taylorjonl · · Score: 1

    I would say what you did is correct and how he is reacting isn't within the spirit of the GPL. Also how did he find that you are using his code unless he was viewing your code? He must have been browsing your code looking for improvements... It is all fair game with the GPL as it should be. I would say let him get mad and continue using his code as the GPL permits it.

    1. Re:Code Split by Drantin · · Score: 1

      He may have been viewing the Changelog... it apparently does mention that it came from the fork giving that he said he gave credit for all the code snippets...

      --
      Actio personalis moritur cum persona. (Dead men don't sue)
  84. And the point of GNU/OSS by xixax · · Score: 1

    Someone wrote better quality code and because it's GPL'ed, your code becomes higher quality without having to re-invent or re-write that bit yourself. Organisations like Microsoft can't do that easily, not without acquiring or licencing individual cases.

    The flipside of this re-use is that if too much of new project code is from the other fork, people are going to consider the fork even more seriously than before.

    Rather like Luke trying to kill Darth Vader.

    --
    "Everything is adjustable, provided you have the right tools"
    1. Re:And the point of GNU/OSS by sjames · · Score: 1

      The flipside of this re-use is that if too much of new project code is from the other fork, people are going to consider the fork even more seriously than before.

      What's so bad about that? With Free Software, you only have to play to win. Killing the competition etc is for the proprietary world.

    2. Re:And the point of GNU/OSS by wheany · · Score: 1

      Are you saying that Free software is like the special olympics?

    3. Re:And the point of GNU/OSS by xixax · · Score: 1

      There's nothing bad about that. If I use package "A" and love it, and then discover that the maintainers of this package are using a lot of code from package "B", I'd be much more inclined to think that "B" must be good as well (or at least have some features worth my attention). Definitely one of the strongest endorsements you can give, and yeah, only really an issue if you see things competitively.

      --
      "Everything is adjustable, provided you have the right tools"
  85. Isn't this the point? by ca1v1n · · Score: 1

    I thought this was part of the point of open source software. I assume by the fact that they're giving credit that they're taking actual code, not just feature ideas. The great thing about this is that you can fork without completely splitting your development resources down the middle. The giving of credit is very important though, beyond the legal requirements in the source code attribution. You should credit them as loudly as possible, to avoid political problems, as the other project is a potentially very important resource.

  86. Politics by pugugly · · Score: 2, Insightful

    Honestly, this sounds like a political problem, not a coding or ethical problem. Going by the description here (and I'm only a so-so programmer, and don't know the community in question, so I'm assuming the description here is accurate) someone didn't like the way things were run and the amount of emphasis on the features *he* wanted, and decided to fork the code. Even got enough people who agreed with him (or were malleable) to support his side of the project.

    Good - evolution comes from competition, both sides of the fork are stronger thereby - it's one of the several reasons open source produces better code.

    But he left the main fork because he didn't *like* the way they were running things, and then they have the sheer temerity to use *his* code. Them B@st@rds!

    Which leaves you in the position of having to choose whether or not to ignore the spirit and letter of the GPL, leaving him his exclusive code, but preserve peace between the forks, or respectfully disagree, point out that he has the same option available to him, and use what you find useful, or even get nasty and tell him that he can keep his source secret, but needs to remove the GPL'd code from his project.

    Those are the options I see for you. Unfortunately, which of those you pursue is a poltical decision you need to make, not an ethical or legal one, so you need to talk to your base, not slashdot.

    That said - I would go to option two - respectfully disagree and exercise your rights, going to option three if he tries to make it difficult to do so, but I'm a very polite hardass when it comes to someone trying to infringe my rights. Your political situation may not have the stability to do so.

    But it doesn't really sound like the open source community is ready to tale up arms on his behalf, so at least that part of your equation is answered -

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  87. They offered the code by mnmn · · Score: 1

    Theres open-source, which sometimes means you can only look at the code. Theres free software which sometimes means take the software, do whatever, but dont break it apart, take important pieces and use it to improve your own software.

    But for GPL and BSD licenses, the authors really are offering their source code for 'whatever'. This includes taking pieces of their code, using in your software, and even not thanking or marking the original author of that piece of code. By releaseing software under GPL or BSD, youre really offering ALL that. If thats not OK with you, find another license.

    Code's value can be measured in a few ways (1) money (2) recognition (3) effect on the market.

    Most people code for money. If you take code from Windows and use it for your project, thats like taking cash. You'd have to pay cash to take that cash for proprietary companies.

    Many people code for recognition. This is true for many smaller projects and a few big ones in the OSS arena. This is the major point of contention... they release the code under GPL or BSD but sometimes its not OK if someone 'steals' lines of code, and credit is not given where its due. These guys should find another license enforcing credits... or maybe just release binaries.

    A few companies code for market effects. Examples are companies which invest in Linux or BSD's code to create a leverage against Microsoft, decreasing its power. One good example is Apple's OSX which creates the market for Apple hardware. They wouldnt sell the source code, nor would release an x86 version for recognition only. Another example is GPL, which in some ways forces software to be open, BSD doesnt.

    Getting back to the topic... sure, if the license is GPL or BSD, take all you want. In case of GPL, make sure your license is compliant. In parts of the world, if someone offers you sweets, and you turn it down. Its offensive.

    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
  88. Ask permission of others? by vinn · · Score: 2, Informative

    A really interesting split to study is what happened to Wine a few years ago. In 2002, Wine was under the X11/BSD license. A lot of people wanted to move to LGPL and a pretty big debate occurred. In the end, a vote was taken and the decision to move to LGPL was made.

    Obviously that's not a concern you had, but we'll assume you guys did do some kind of vote for forking the project and that it was a fairly civil process. If you didn't - well, that was the start of your problems and unfortunately it's not that easy to go back.

    Now, if the fork you're talking about has multiple developers, what you should do is something similar to what Wine (actually Wine's X11 fork, ReWind) did - contact each developer individually and ask them for permission to use their patches. You seem to have one person who disagrees and it doesn't seem like you'll get their consent, but shouldn't you at least ask the other developers?
    Then, make it easy for people to submit patches against your project as well as the one they regularly submit to.

    So that's the nice thing to do. Keep in mind what you're probably doing is only a short-term solution. Eventually your codebases will diverge enough that it may not be worth trying to integrate patches. At that point, you're going to have to realize that two teams are duplicating each others work and figure out whether or not that's productive.

    Try to keep in mind why you guys chose the GPL in the first place. If it's a license you truly believe in, then it's pretty hard to argue against people reusing bits of code.

    --
    ----- obSig
    1. Re:Ask permission of others? by HeghmoH · · Score: 1

      You seem to have one person who disagrees and it doesn't seem like you'll get their consent, but shouldn't you at least ask the other developers?

      They're already giving very clear and explicit permission in the form of the GPL license that their code is released under. I don't see why you need to ask when it's plastered all over the COPYING file, "take this code, please!"

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  89. Obvious Why You Forked by kalidasa · · Score: 1

    Look, the whole POINT of the GPL is to take good stuff from other people's code, and (preferably) give them credit. Obfuscating GPLed code is like buying decaffeinated Jolt, or giving everyone on your Christmas list cash for Christmas: it's in direct opposition of the intentions and spirit of the thing. If he's at all tempted to do these things, he's in the wrong business.

  90. Does ANYONE see an ethical problem with this? by p3d0 · · Score: 1

    If so, please post a reply under this article so people can find them.

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    1. Re:Does ANYONE see an ethical problem with this? by HeghmoH · · Score: 1

      Here's an ethical problem: code from a petty egomaniac is of suspect quality, and incorporating it into your code is putting all of your users at risk.

      That's the best I could do, sorry.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  91. Re:to get ..it done. by Anonymous Coward · · Score: 0

    Mostly GUI stuff. The only thing that would tweak me would be if my gewgaw was credited for, how to put this delicately... polishing a turd. In this case, a GUI is a sticky situation

    Or, he could be a bit too territorial. It depends on what the gaol of the split is. Is it to co-evolve or evolve completely separately?

  92. That's what the GPL is for by GrouchoMarx · · Score: 2, Insightful

    The whole point of the GPL is specifically to allow that sort of sharing and cross pollination. The inability to do that in proprietary code is why Free Software exists in the first place.

    As long as you're giving due credit where credit is due (technically not required by the GPL, but I would consider it only honorable), then you're in the right. If the other guy doesn't like it, then his beef is with the way Free Software works in the fist place, not with you specifically.

    --

    --GrouchoMarx
    Card-carrying member of the EFF, FSF, and ACLU. Are you?

  93. Hypcorisy in action by StArSkY · · Score: 1

    All I can say is - forget licences and rudness. This is hypocrisy ! The pot calling the kettle black.

    "I want alll of the code everyone else has written, but I don't wanna share any of my code with anyone else".

    Will he honestly never take code from the original again.... Puhlllleeeeaaaassseeeee

    Well - people like that tend to end up very lonely indeed.

    --
    lounge around on the blue couch
  94. What's the other side of this story? by eLoco · · Score: 2, Insightful

    I understand and appreciate your side of the story, and based on what you have said I would agree with most posters here that you're well within your rights to do exactly what you're doing. In fact, it would seem that you're going out of your way to do the right thing in giving credit and even in questioning whether such actions are ethical or rude.

    That said, I'd like to hear the other side of this story from the leader of the spinoff before passing final judgment. Of course it could be that the guy is just a jerk and/or doesn't understand the GPL, but let's assume for a moment that the guy is somewhat reasonable (since we may never get to hear his side). If that's the case, another possibility springs to mind: The guy is upset because he didn't want to fork the code in the first place but found the original team too stubborn/inflexible/closed-minded to work with. I could understand the guy being irritated if a group had refused to consider a design direction and then took code from his group's forked version, especially if that code somehow "symbolized" the changes that he wanted in the first place.

    Anyway, is there any way you can convince the guy to submit his side? Either he'll prove that he's a jerk or we'll find out that there's more to this story than what we've heard so far.

    --
    sig != null
  95. Re:What the heck is a "code split?" by Anonymous Coward · · Score: 0

    mshiltonj might not understand what you mean by "idiot" because he only knows one of the various synonyms for any term. So, for clarity, mshiltonj is an ass, blockhead, boob, booby, cretin, dimwit, donkey, dork, dumb ox, dumbbell, dunce, dunderhead, fool, halfwit, ignoramus, imbecile, jackass, jerk, kook, meathead, mental defective, moron, nincompoop, ninny, nitwit, pinhead, pointy head, simpleton, stupid, tomfool, twit, yo-yo.

    Since this is an article about copying other people's stuff and giving them credit, that came from dictionary.com.

  96. If the complaints continue... by Anonymous Coward · · Score: 0
    you should take all of the complainer's code and fork it again. Just to annoy him. But remember give due credit.

    Fork me? No, fork you!

  97. Re:And here we have ... by PHlLlPY · · Score: 4, Funny

    yeah, he has used reverse psychology on all of us to get us to go check out and play his mech board game now that we are all ready to get some practice in before the mech from alaska takes over.

  98. quiet angry? by 70Bang · · Score: 1

    What's "quiet angry"? Is that when he stares at you without saying something?

    ;)

  99. I agree by hayden · · Score: 4, Insightful
    Legally it's a non issue. Ethically it's a fine example of hypocrisy.

    My two step plan for dealing with the problem.

    Step 1:
    Politely and calmly explain it to him that as both code bases are GPL'd it's perfectly legal to do what you're doing. Also point out that he's benefitted from this arrangement by not having to recode everything to get the spin-off off the ground and doing what he's planning on doing will harm the spin-off.

    Step 2:
    If step 1 doesn't solve the problem then tell him to go fuck himself and use the code anyway.

    --
    Nerd: Derogatory term typically directed at anybody with a lower Slashdot ID than you.
    1. Re:I agree by gbjbaanb · · Score: 1

      and tell him that he can release without a changelog, as you've got a copy of Winmerge

  100. DUH...what are you trying to accomplish by Anonymous Coward · · Score: 0

    What a dumbass thing to fight about. A code fork doesn't mean you ignore each other, ESPECIALLY with GPL code (which is SUPPOSED TO be shared and re-used.) You should be actively sharing code and ideas, not trying to keep things secret. Collaborating will make both branches better.

    Building fiefdoms doesn't help anyone. Your goal should be the best finished software that your team is capable of. Squabbling won't get you good code and nobody has fun, either.

  101. Ethical and good by EdMcMan · · Score: 1

    That is how a code split should be done! The idea is to have the most effective code (for both projects) while still moving in the direction that each project wants. If you don't borrow code, you are not being effective.

    Take Wine and WineX for example. Eventually, the changes in WineX are put back into Wine (at least some, I'm not sure of the detail).

  102. Identity of project by noidentity · · Score: 1

    As a side note, the identity of a project is the components that make it up and the way they are put together (the overall architecture). Reusing components from another project doesn't turn your project into what the other project is. Even if all components are reused (none written from scratch), the value is in how they're put together.

  103. I see no problem by Slipped_Disk · · Score: 1

    I see no problem with your copying code from the forked project. As you have said, both projects are under the GPL, so there is no legal restriction on taking the code that I am aware of. Further you are crediting the forked project with the changes, so I'd say your ass is covered in an ethical sense too.

    As for the other project leader's idea of "obfuscating his changelog and only open the source as packages when he's doing a release", he's certainly free to do that (as long as the source is available he's not violating the GPL), but it seems to me he'd be shooting himself in both feet just to spite your project.

    Bottom line, just keep doing what you're doing and let the twit blow off his steam however he wants.

    --
    /~mikeg
  104. Code Split - Ethics by Lew+Payne · · Score: 1

    Just because there's been a code split doesn't mean you don't agree on other fundamental design choices. As such, and considering that this is a GPL'd project, good pieces of code (and ideas embodied therein) should be shared.

    At the same time, I'm not so hot on the fact that you took code fragments (or perhaps the ideas embodied therein), possibly expanded on them, and didn't give credit where credit was due.

    Share the code... take the code... and notate where it came from in your source.

    1. Re:Code Split - Ethics by DaCool42 · · Score: 1

      Did you even read it? "and gave credit to the spinoff team in the changelog"

      --

      ----
      All of whose base are belong to the what-now?
    2. Re:Code Split - Ethics by Lew+Payne · · Score: 1

      I did read it, DaCool42... did you not read the full context of my comment?

      ... and give credit in the source code.

      Hope that helps. YMMV. VWP.

    3. Re:Code Split - Ethics by DaCool42 · · Score: 1

      Ah, I see. I would have counted the ChangeLog as part of the source code, seeing as it is in the source tarball.

      --

      ----
      All of whose base are belong to the what-now?
    4. Re:Code Split - Ethics by Lew+Payne · · Score: 1

      That's where we differ... I don't consider the change log to be source code,
      any more than I'd consider the man page (or other documentation) to be
      source code.

      Last I checked, neither the change log nor man pages were executable
      (or interpretable, or tokenizable).

      However, YMMV. VWPBL.

  105. He forked YOUR project by Anonymous Coward · · Score: 1, Informative

    and now he's mad you're using HIS code?

    Where does he think the base code came from?!?

  106. i see no problems by theNetImp · · Score: 1

    I see no problem with it. If it's GPLed you have the freedom to do what you want with it, as long as you follow the GPL.

  107. You all have it wrong, of course it is unethical! by Anonymous Coward · · Score: 0

    I can't believe how everyone here is getting this so wrong. Of course it is unethical. This guy wrote that code, and by golly, they have a right to it.

    If everyone is free to go and look at their code, modifying it, or taking pieces and using them elsewhere, then who can ensure the integrity of their code base. How can we ever trust the project or the programs they are writing if just anyone can get to his source code.

    For one thing if they do, it will be far less secure, because prying eyes can see into his code for bugs to exploit.

    What do you think it is, Open Source or something?

  108. Let me get this straight... by Foz · · Score: 1

    Ok, let me see if I understand this correctly...

    Some guy forks an *entire* codebase... presumably several KLOC. That's fine, it happens a lot and is to be expected. Nothing wrong with that at all.

    Now, this guy gets all pissy because you integrate small sections of the new code into your *own* codebase? He has the audacity to bitch when you reuse small chunks after he's "liberated" an ENTIRE codebase? Hell, I'm *delighted* when someone reuses part of my code, and I've liberated code from other people on plenty of occasions as well. When someone else does something well, the best way I can say "thank you" and "wow that kicks ass" is to liberate it (with proper attribution of course) and propagate it in my own code.

    (ok, maybe the BEST way is to FTP them a sixpack of beer but I'm still working on the matter transmission libraries so that's not an option atm).

    Tell the guy to go piss up a rope. The thing that kills good Open Source projects the quickest is prima donna pain in the ass people with egos the size of montana who think the rules don't apply to them. Someone should lock him in a room with a copy of the GPL and not let him out until he fully groks it.

    -- Gary F.

  109. Forking by petrus4 · · Score: 0, Redundant

    In every case I've ever heard of, the primary reason why a fork has happened is because the lead of the original project was percieved to be an obnoxious megalomaniac. From what I've read this was true of XFree86, and from what I've been reading if it happens to Gnome, it'll be true there as well. (And yes, I'm privately inclined to believe it was at least partially true in the case of the Emacs/XEmacs fork as well ;-))

    It sounds like the leader of the project you were involved with is now attempting to verify this truism by preventing you from copying the parent project's code to your new tree. Tell him that unless he either a) is the original copyright holder, and b) therefore wishes to change the code's license, (in which case he fairly obviously never intended to abide by the GPL in the first place) that he can go and perform an anatomically impossible act with a shovel with your blessing, because as long as the GPL is binding on the project, he won't be able to do anything else.

    To RMS' credit, while he might not have been happy about the XEmacs fork (and he wasn't...I've read the email archives on this) but other than claiming Richard Gabriel had shown a "bad spirit" he never explicitly tried to stop it from happening to my knowledge, precisely because he would have known that forking is one of the rights that the GPL specifically grants.

    The right to fork is crucial, because it protects against that part of human frailty which causes the behaviour of some of us to degenerate into fascism. If the leader of a project that you've devoted considerable time and effort to for whatever reason suddenly decides to start being a control freak, the right to fork ensures that the effort you've already invested will not go to waste. You can simply copy the project and relocate said copy to your own site/machine, and then continue working on it.

    I agree completely that credit should be given in the changelog/wherever else to whoever has worked on the parent code, but for the parent project's lead to try and prevent forking of it if it uses the GPL is completely wrong, IMHO. In the XEmacs situation RMS might have tried to dominate people in spirit, but in practice he was able I think to recognise the necessity of abiding by his own rules.

  110. Options by buss_error · · Score: 1
    "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff."

    Sounds like he doesn't mind using the work of the others that contributed to the GPL, but doesn't want anyone to use his code.

    Of course, we only get your side of the story, and while I can tell you've gone out of your way to be fair and present a balanced view, getting the other guy's take on the situation is just as important. Technically, under the GPL, you are allowed to use his code. Technically, under the GPL, he's free to incorrectly document the change log.

    In real life, though, it sounds as if mistakes may have been made on both sides. It's hard to tell without more details.

    Your options, in my view boil down to:

    Deadend your fork.

    continue on doing what you're doing.

    stop coping his code.

    Read the change log but do your own coding.

    I'd add "talk it out and come to a solution you can both live with", but if you were able to do that, you wouldn't have forked.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  111. One potential problem by nwbvt · · Score: 1
    I've seen lots of posts that say its neither unethical nor rude and I would have to agree. This guy probably took a lot of your code during the split, so he has no right to complain to you about you using his code. In fact, feel free to use that against him. Next time he doesn't want you to use his code, tell him you don't want him using your code. Legally you don't really have much recourse if it is GPLed, but then again neither does he. The things he is threatening to do will most likely only hurt his project and really do violate the spirit of the GPL if not the letter.

    However, I do see a potential problem. It does sort of defeat the point of the split if both projects are virtually identical. Now if you were against the split from the start maybe you don't care and if these are minor changes it probably doesn't matter. But as a general principle, I think we are in many ways served by not having to rely on one developer (be it you or this other guy).

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  112. You have a license. by Yaztromo · · Score: 1

    Their code gives you a license to use the source as you see fit. If they don't like it, too bad for them.

    The person who writes the patches/modifications retains its copyright (unless the project has everyone assign their copyrights to a single entity), and the GPL does require you to mention this. So long as you do that, you're in the clear.

    If the other developer doesn't like this, there isn't a whole lot they can do about past instances, but there are things they can do to slow you down. One thing most people don't realize about the GPL is that:

    • The GPL doesn't require you to give the program away for free,
    • The GPL doesn't require you to make the program available over the Internet,
    • The GPL doesn't require you to give away the source over the Internet, and
    • The GPL doesn't require you to bundle the source with the binaries,
    • The GPL doesn't require you provide the source for free.

    The primary requirement is that the developer has to make the source to the program available upon request to anyone they have distributed the binaries to. Thus, if you want to make things inconvienent to others, you can restrict the binary distribution, and then require someone to make a request in writing for the source, which you can then send via regular postal mail on diskette, CD-ROM, or as an OCR-able print-out (as the GPL does stipulate "machine readable"), for a fee of $100.

    You, as a "competing" project, would wind up forced to play catch-up, as there would be a delay between when the binaries were produced, and when you could gain acccess to the source code for it.

    However -- and here is the important part -- doing this would completely stymie their project in the process, and will probably kill it off. If accessing the source code is difficult, the developer isn't going to be able to attract other developers, and won't be getting patches from users. Many potential users would probably be turned off by the added hassle of getting the source code. And besides which, any user or developer which does get the source code could turn around and start redistributing it for free using whatever mechanism they desired.

    So there are things they can do to try to slow you down if they really wanted to, but the extra barriers are also going to be barriers to their users, and they'd have to trust each of them to not redistribute the sources (as they can't restrict them from doing so via a license agreement).

    Ethically you haven't done anything wrong. Technically there are things the other developer could do to slow down the possibility of you getting any of their additions (only use developers they know and trust not to redistribute the source code, provide binaries only online to registered users, providing sources only upon request and then only via mail), but unless they have a big bank account with which to bankroll continued development, it would probably hurt them more than it would hurt you (as the added hassles would probably allow you to poach all of their part-time developers, and users who value easy and open source code access).

    Yaz.

    1. Re:You have a license. by 91degrees · · Score: 1

      which you can then send via regular postal mail on diskette, CD-ROM, or as an OCR-able print-out (as the GPL does stipulate "machine readable"), for a fee of $100.

      Not quite.

      From the GPL: "[3]b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange"

      The OCR-able printout would probably be borderline as well since it isn;t really a medium customarily used for software interchange.

    2. Re:You have a license. by Antique+Geekmeister · · Score: 1

      yaztromoNO@SPAMjsyncmanager.org wrote: The primary requirement is that the developer has to make the source to the program available upon request to anyone they have distributed the binaries to. Thus, if you want to make things inconvienent to others, you can restrict the binary distribution, and then require someone to make a request in writing for the source, which you can then send via regular postal mail on diskette, CD-ROM, or as an OCR-able print-out (as the GPL does stipulate "machine readable"), for a fee of $100. You really need to re-read the GPL. You can't charge a fee for it, and you can't prevent them from re-publishing it. This means that one smart-aleck who buys your binaries in a product gets to maintain their website with all the source code, and any attempt to manipulate the GPL in the way you describe is shot to hell.

    3. Re:You have a license. by Yaztromo · · Score: 1
      rom the GPL: "[3]b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution...

      Which is somewhat ambiguous. My time is worth $10/minute to me, and it takes me 10 minutes to burn the CD, write up the label, prep the mailing envelope, and walk it down to the mailbox. As this is what I charge for my time, this is the "cost of physically performing source distribution". Indeed, so long as you don't charge less for you time for anything else, you could get away with doing this.

      As for an OCR printout, the EFF used it some years ago in their book on breaking DES-56, as it was the only way to redistribute the code without falling afoul of crypto export regulations -- so it has in fact been done before. It's hardly commmon, but it has been used to distribute software before.

      I was offering a bit of an extreme example for illustrative purposes, however -- the end point being you can make things somewhat inconvenient to those who want to use your sources under the GPL if you want -- but doing so will effectively kill your project unless you can pay a team of developers to do the work for you.

      Yaz.

    4. Re:You have a license. by Yaztromo · · Score: 1
      You really need to re-read the GPL. You can't charge a fee for it, and you can't prevent them from re-publishing it. This means that one smart-aleck who buys your binaries in a product gets to maintain their website with all the source code, and any attempt to manipulate the GPL in the way you describe is shot to hell.

      Methinks it is you who needs to re-read both the GPL and what I posted, namely:

      • From the GPL Preamble: For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have.
      • From the GPL, ss 1: You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
      • From the GPL, ss3 sub-section b: Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange;
      • From what I posted: And besides which, any user or developer which does get the source code could turn around and start redistributing it for free using whatever mechanism they desired.
      • From what I posted: the extra barriers are also going to be barriers to their users, and they'd have to trust each of them (the users) to not redistribute the sources (as they can't restrict them from doing so via a license agreement).

      Now I just plucked that $100 figure out of thin air, and obviously it is an extreme. However, the GPL does indeed permit you to charge a fee for source distribution. And I did mention (twice!) that any user of said code could then redistribute the sources using any mechanism free of charge.

      Don't go around telling people to re-read things when it is you who has missed the relevant portions of said documents :).

      Yaz.

    5. Re:You have a license. by dossen · · Score: 1

      Subsection 3 a and c (paraphrasing from memory because I'm lasy and this is /.) allow you to avoid 3.b resposibility by either _always_ giving out source with binaries (3.a) or distributing unchanged binaries uncomercially along with an offer (obtained under 3.b) from an upstream distributor (3.c).
      And yes, you are probably allowed charge for your trouble (within reason... and 3.b source distribution must be available to anyone with a copy of your binary (since it must include the offer to be legally distributed)).

  113. Rude... by NerveGas · · Score: 1

    "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff.

    Just about any behavior you can think of is rude to someone on the Internet.

    Don't get me wrong, I'm not one of the "Do whatever you like, and tell anyone who complains that they're an oppressive nazi" sort of people. I like it when people are civil, and have some manners.

    But some people are overly anal in the other direction. I'd mention specifics, but that would just engender a pedantic flame-war over the items I've mentioned... so I'll just say that even staying within some pretty sensible, civil, friendly bounds you'll still run into people who believe that you have in some way offended or slighted them.

    steve

    --
    Oh, you're not stuck, you're just unable to let go of the onion rings.
  114. Dialectic of coding by Maljin+Jolt · · Score: 1

    I see no ethical problems here. More, since both teams are willing to reuse, true meaning of "opposite direction" is only lack of perception of wholeness. Both projects will merge in the future, taking rich of features from both sides.

    --
    There you are, staring at me again.
  115. If taking code from the other project is a problem by Sloppy · · Score: 1

    then BSD is dying.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  116. Re:Have you read the GPL? by Quill_28 · · Score: 1

    Stop qaiting our time with stupid answers.

    The GPL is all about ethics you pinhead.

    He's not asking if it is legal.

  117. time to play the devil's advocate by Frymaster · · Score: 4, Insightful
    Open source is about sharing work to prevent reinventing of the wheel

    of course everyone here thinks picking code out of the split is a good idea. but... let's consider the flip side for a moment:

    why did the code base split in the first place? obviously, because a group of developers in the team felt they had a better vision or method or whatever than the team leads. a code split is only a last resort, so we can probably assume that the developers who went on to form the split put a lot of effort into trying to get their ideas into the original source tree and were unsuccessful.

    so, now that the split team has got a project up and running and is writing new code that embodies their vision of the project, they find that the original team who probably rejected at least some of the split team's ideas before the split is now suitably impressed with the results to roll them into the original source tree.

    the question the split team may be asking themselves right now is this: if our ideas and code are so hot, why didn't you pay attention to them originally? and, furthermore, if the original team is so impressed with the features of the split project, why don't they put their effort into working on the split instead of the first source tree?

    not meant to be flamebait: just trying to consider the motivations and rationales of the split team since no member of that team was given the opportunity to present their opinions or views in the original post.

    1. Re:time to play the devil's advocate by bdash · · Score: 3, Insightful

      Based on the topic if the post, I would suggest that personality conflicts probably played some part in the split of the project.

      That said, the majority of your post seems based on the idea that the original project is using significant pieces of code from the new project -- the post clearly says "changelog of the spinoff for small changes that could be used. So, whenever we've found an interesting piece of code (mostly GUI stuff, nothing longer than 20 lines of code)". Your argument would be completely valid, and I would probably agree with it, if the original project was rolling in the new features that they objected to which resulted in the split in the first place.

    2. Re:time to play the devil's advocate by jbolden · · Score: 2, Insightful

      A good example of this is the Linux kernel. Linus encourages the other kernels to experiment with newer code and thus prove its usefulness. Getting a patch to

      a) work
      b) be used by some distribution for some actual purpose

      is generally part of getting into the main tree.

      the question the split team may be asking themselves right now is this: if our ideas and code are so hot, why didn't you pay attention to them originally?

      The answer might be, "Because before you implemented these ideas we weren't sure if they would work or not. Now that you've proven they do work...."

    3. Re:time to play the devil's advocate by Weirdofreak · · Score: 1

      They're taking code, not ideas. The split happened because of different ideas, not code. Assuming the split team isn't bitter, they're probably glad that the original team isn't bitter either - the two can work together implementing common features, unless and until either they get different enough for that to be impractical or they re-merge. Borrowed code will make merging easier, if that ever happens, and they're likely to stay simlar enough for a remergance to be possible for longer, without necessarily detracting from the quality of either product. Of course, depending on the nature of the project and split, whether or not one of those happens, and when it does happen will vary greatly.

    4. Re:time to play the devil's advocate by bertybassett · · Score: 0

      Did anyone ever take the time to introduce you to the Capital letteR?? Fantastic invention, feel free to use one when you feel CoNfIdEnT

      --
      Wibble-Wobble, Wibble-Wobble, jelly on a plate
    5. Re:time to play the devil's advocate by isotropique · · Score: 1

      One should not forget that the forked team is working with a codebase developped by the original team. If they feel right about working with someone else code, why should the opposite be wrong?

      I think this is a great advantage of the GPL license: You can "steal" the source code of another project but, by doing so, you expose yourself to the same "threat".

  118. go for it by inchhigh · · Score: 1

    unethical but you should totally do it it's just one of those things

  119. i woudent do it by topgun601 · · Score: 1

    there is no leagle issue in doing it but, if i understand from your side of the story the guy asked/told you not to do it. if it was no other reson then he wants to controle his code he should not have gpl'd it. you said that it was just a few lines here and there. can you live with out it, probably? it may not be worht the aggravation if your concerd about it. 2ndly you nerver now if M$ would pay his out to challge the gpl in court. http://slashdot.org/article.pl?sid=04/11/15/181221 9&tid=109&tid=1

    --
    This post brought to you by: the marketing division of The Sirus Cybernetics Corporation
  120. Another voice by OverflowingBitBucket · · Score: 1

    It's been said a few times over already but I just wanted to lend a voice in support. As long as you are giving proper credit (changelog and source), IMHO there is nothing wrong with you using code under the license in which it was released. It is entirely hypocritical that the leader of the spinoff project has a problem with this. Even if you were the spinoff project and copying code you would (again IMHO) still be ethically in the right. The fact that the spinoff leader has a problem with it, after copying so much code to do the fork in the first place, is absolutely shameful. You are on solid ethical ground. Perhaps ask them publicly why they feel it is a problem. I can see few arguments that could be presented by the spinoff leader that wouldn't be mocked widely.

  121. The only problem is that he's upset. by Stephen+Samuel · · Score: 4, Insightful
    Like the parent said: Legally there's no big deal as long as the resulting code is GPL. Code shareing is what the GPL is about. Morally, pretty much ditto... His project has gained from the work of many others, so why not the other way round?

    On a personal and social footing, however, if you've got an angry 'contributor' then you've got a problem on your hands. If it gets to the point where he's obfuscating his change logs, it's going to hurt his project and the bad blood can't do you any good.

    I'm guessing that he's upset about something else to do with the split (i.e. he may feel seriously unacknowledged for the work that he put into the project pre-split or dissed as a side-effect or something like that), and seeing 'his' code being 'lifted' into your fork is just re-opening old wounds for him.

    I think you're gonna have to do something to diagnose and heal that old wound, or the whole thing's just gonna end up an infected stinky mess.

    --
    Free Software: Like love, it grows best when given away.
  122. Uh, this is OPEN SOURCE by e.m.rainey · · Score: 1

    As long as you credit where it came from, and release the code as GPL, it is ENTIRELY ethical and a logical extension of the idea of OPEN source. It's OPEN so people can see it, understand it and reuse it, OPENLY; giving credit where it's due. That's part of the bloody point.

    <flame>Sounds like this guy is being a prissy little punk.</flame>

    Tell him to go check his premises. If he wants neat features closed source he should do it with a closed source project.

    --
    The next remark is false. The previous remark is true.
  123. Doing it the right way by X-Nc · · Score: 1
    There's lots of posts in this thread that explain why what you did was not wrong. No need to repete that. My opinion (and it's worth very penny) is that what you are doing is without question exactly what you should be doing. It's called open source for a reason.

    Now, would it have been a bad thing to let the other group/person know that you were doing this? Sure. But even if (s)he screams to high heaven about it, you are in the right and what you did is the very stuff that makes open source so strong.

    --
    --
    If I actually could spell I'd have spelled it right in the first place.
  124. Follow on question... by Anonymous Coward · · Score: 0

    Seems the consensus that has been modded up is that moving code from one GPL'd project to another is perfectly legit.

    What if some one "borrows" code from one GPL project to an OpenSource-esque project that requires a license and some $$$s?

    Root Question: Can some take the borrowed GPL code, and add to their project non-GPL'd project?

  125. Don't keep the conflict a secret by macdaddy · · Score: 2, Insightful
    Don't keep this conflict from your userbase. They should be aware of the issue and what your stance is. This is a matter of perception and in a way politics. Telling your userbase about the problem will be seen by your userbase as being upfront about the problem. Not saying anything about it will make it appear as if you are trying to hide something, even if all you really intended to do was ignore the other party. Other open source project leaders/teams have come forward at one time or another to tell their userbase about similar problems. You should too. Don't be pissy in your message to your users. Don't try to blame the other party for their interpretations of the GPL or what the conflict that drove them away to begin with. You should simply be concise and factful. Don't go into a lot of detail. Just get to the point.

    You shouldn't hide this problem from your userbase or the other contributing developers. It will be worse for you and your project in the end if you don't go public.

  126. addendum:The only problem is that he's upset. by Stephen+Samuel · · Score: 1, Offtopic

    Just about any half-decent defensive driving course will tell you that being legally (and even morally) in the right won't do you a rat's tail worth of good if you end up getting run over by a truck.

    --
    Free Software: Like love, it grows best when given away.
  127. Hmm by pHatidic · · Score: 1
    No name given, as this is a question, not an advertisement campaign


    I don't get it, what am I supposed to buy then?

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

      ummmm.... this guy worked on the original project so doesn't that make it partly his as well?

  128. Immitation by ziegast · · Score: 1

    ... is the sincerest form of flattery.

  129. Anti-slashdotting by SCVirus · · Score: 1

    "(No name given, as this is a question, not an advertisement campaign)" Someones worried about their bandwith costs......

    1. Re:Anti-slashdotting by BeeRockxs · · Score: 1

      Wouldn't you be if the site was hosted on a PC of a friend?

    2. Re:Anti-slashdotting by McWizard · · Score: 1

      The site is hosted at a commercial ISP where I pay my monthly cost and have no bandwith limit. The server is hosted at a supporters machine, but it can take a lot more players :=) I've not included the name, because I didn't want to be called someone who only posts on slashdot, to get attention to the project. Didn't I say that? :)

  130. Re:And here we have ... by mottie · · Score: 1

    That's what it appears to be, does anyone was the author the original developer, and and/or did he started the spinoff? There have been quite a few arguments about jumping on board the project and then spinning it off, etc..

  131. idea and a limerick by TWX · · Score: 5, Funny
    I think that the grandparent was implying that if the fork maintainer doesn't like it, he's free to go and make his own product from scratch and license it however he chooses. He can't truly ignore the GPL (unless his userbase is so small that none of them care) and he can't rightfully claim the original code predating the fork as his, and since his changes are to GPLed code he has no standing as he knew the licensing conditions in the first place.

    I'd suggest replying to the guy with a limerick:
    There once was a man who did fork us,
    His etiquette complaints really torqued us.
    On Slashdot we moaned;
    posts left him quite 0wn3d,
    and now he looks like quite the dorkus...
    --
    Do not look into laser with remaining eye.
    1. Re:idea and a limerick by Anonymous+Brave+Guy · · Score: 1
      I'd suggest replying to the guy with a limerick:

      Damn, there should be a (+2, Hilarious) mod for that sort of post. Merry Christmas! :-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:idea and a limerick by zsau · · Score: 2, Funny

      Replace line two with:

      His etiquette complaints they did torque us

      and you get the rhyme back.

      --
      Look out!
    3. Re:idea and a limerick by TWX · · Score: 1

      Wow. Only on Slashdot do I get a constructive criticism to a mild error in a limerick and it's not a flame...

      --
      Do not look into laser with remaining eye.
    4. Re:idea and a limerick by zsau · · Score: 1

      I thought it was on-topic ;)

      --
      Look out!
  132. GPLed project? by jericho4.0 · · Score: 1
    Of course it's ethical. If one project head can't see that than that sucks for all.

    --
    "A language that doesn't affect the way you think about programming, is not worth knowing" - Alan Perlis
  133. Did the forker really gripe? by Ungrounded+Lightning · · Score: 3, Insightful

    If he doesn't like people poaching "his code", he shouldn't use a free license.
    If he starts to obfuscate everything, then he'll likely end up killing his fork anyway.


    I see a lot of posts here that are assuming that the question came up because the person who forked the code is griping. Though the parent posting here doesn't explicitly say that, it is the first moderated-into-default-visibility where that possibility is implied. Hence I have chosen it for my reply.

    The original posting doesn't claim that there ever was any gripe. It is phrased as a simple question, by someone who is just concerned, himself, about possible ethical issues.

    Maybe it DID come up because there was a gripe. But let's assume not unless/until the the article author or someone else in the know says otherwise.

    Having said that, I'll now chime in on the original question.

    A number of other posters have already pointed out that due to the open license (clearly implied by the circumstances) it's squeaky-clean legal to backport any good pieces. And both because that's the intent of open licenses and because the fork essentially lifted the whole project, it's also fair. I concur with both points.

    Additionally, from a practical standpoint, backporting the good stuff from the fork to the main reduces the divergence (and reduces the total effort). This is good for both prongs: It makes it easier for someone familiar with one to work with, or work on, the other. And it simplifies matters if the two forks are ever to be remerged into a single project. These two argue for merging, not just where improvements or bug fixes are major, but even if the improvement is minor, cosmetic, or even when it makes an arbitrary choice among several roughly equal alternatives.

    So feel free to merge whenever it makes any sense at all for your branch of the tree.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Did the forker really gripe? by ndb82 · · Score: 5, Informative

      There was a second paragraph in the original post... "Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude to copy code from the spinoff. As both projects are under the GPL, we have an opposing opinion on that matter and we've more than once invited him to copy code from our project. Nevertheless he's thinking about obfuscating his changelog and only open the source as packages when he's doing a release, which is, as he says, his right under the GPL." So, yeah, I'd say there was a gripe.

    2. Re:Did the forker really gripe? by Anonymous Coward · · Score: 0

      Please, please do RTF question at least before posting.

  134. My 2 cents by IgLou · · Score: 1

    Ok, I work in the industry in configuration management (pauses while developers gasp). Yes CM that poor mistreated child of the software development industry. My take is as simple as this.

    Your branch (the other project) is fair game. You're all working together more or less and there is no hard rules between you as to who "owns" the code.
    In my books citing the author is plenty and actually from a CM perspective you should always keep track of the original source of a block of code. I know they might think that they will spinoff and become something independant and standalone but if there was a need to split one day, there could be the need to integrate the next.

    I think it serves the best interest of software to not have an ego about who wrote some lines of code. In the long run it pales to the accomplishments of a whole team or teams.

    --

    Oops, how did this get here?
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  135. Re:Have you read the GPL? by Anonymous Coward · · Score: 0

    This is not a question of ethics. If the developer responsible for the fork bothered to read the GPL then he would know that his claims are legally and ethically baseless. If the submitter bothered to read the GPL then he would know that he is wasting our time with stupid questions. The dev responsible for the fork already gave his agreement to have his code changes used by others when he chose to release code under the GPL. There is nothing left to discuss.

  136. Similar thing happened to my project... by NitroWolf · · Score: 2, Interesting

    I've had one of the most popular Sourceforge projects for a number of years now (the popularity is waning now, for obvious reasons... but I was in the top 10 for awhile) - My project is ShowEQ. We had a code split with SINS, and SINS developed in conjunction with ShowEQ for a time.

    We did incorporate a lot of SINS stuff back into ShowEQ, because I did believe some of the directions that SINS headed in were good, but the overall direction I did not believe was what was needed for the community. However, the code was not a drop in replacement into ShowEQ for current fuctions (or to add new functionality, etc...) so we used the SINS code as a starting point and wrote the SEQ code with SINS as a base idea.

    Regardless, the point is that Open Source and GPL are meant to do exactly this. There is _NOTHING_ unethical/immoral about taking bits and pieces of code from other projects and using them in your own. That's exactly what SHOULD be happening. The maintainer of SINS contacted me about using some of the code/ideas from SINS and asked me to give him credit in ShowEQ, which I had neglected to do since we didn't take the code directly and drop it in to the SEQ codebase... but I agreed that giving SINS credit within SEQ was the right thing to do... so in your case, I would definitely attribute portions of the code to the other guys project, even thank him. But there is certainly nothing what so ever immoral about what you are doing with GPL code.

    Whoever the guy is that said that is the immoral asshole for even suggesting that... especially if he is the one that forked the code base to begin with and is using other peoples code himself.

  137. Re:And here we have ... by c.emmertfoster · · Score: 1

    Urgru's webpage is absolutely hideous. Yuck! Looks like this is a merely an academic debate, from the lack of salesmanship coming out of that project.

    --
    We can neither love nor pity nor forgive. If you make a slip in handling us you die!
  138. I don't see the problem. by Anonymous Coward · · Score: 0

    I always thought one of the benefits of the GPL was the fact that you (hopefully) wouldn't have to re-implement things fairly frequently. For example, someone could write a GPL'ed implementation of a GPS tracker. Other people producing GPS trackers could then use, and improve upon that original product, inheriting its strengths (and weaknesses, unfortunately) in the process. In the end, a solution for the problem would be found, the software created, and other projects could then base further code upon that refined work.

    Is this the way it ever works in the real world?

  139. Open Code - Open Season by nurb432 · · Score: 1

    Thats the way it works... If either party has issues, shouldnt have been open in the first place..

    Its all fair... no 'ethical' issue exists to debate..

    --
    ---- Booth was a patriot ----
  140. Open Source Softward is about sharing by Anonymous Coward · · Score: 1, Informative

    So what, your GPL'd code is open source for only the people you like? That isn't the way it should work. If someone hates me, makes a fork of my program, and steals my code (I'm not saying this is the author, just a theoretical situation), I'd be HAPPY!

    Don't you want people to use your code?

    Isn't that what this is all about?

    Leave your ego at the door, please.

  141. The GPL can be very problematic... by Captain+Entendre · · Score: 1

    ...for people who don't bother to read it. Section 6, for example:

    "You may not impose any further restrictions on the recipients' exercise of the rights granted herein."

    This forker has no clue what he's talking about. It's a two-way street: the same rights that allowed him to fork from your code, allow you to take whatever you want from his code.

    His accusation that this is "unethical" is just laughable. Sharing is the whole point of the GPL. He should read it sometime.

  142. Reverse the question. by aug24 · · Score: 2, Insightful

    Does the other maintainer think it ethical to use the code base from the original project? Apparently so. In which case, in the gpl quid quo pro, his code is available to all (not just you) for use in *any* gpl'ed project.

    Go for it!

    J.

    --
    You're only jealous cos the little penguins are talking to me.
  143. The real story by Don't+Hate+The+Playe · · Score: 1

    He thinks you're an idiot, so he forks the project. You then proceed to steal his code, proving that he did, in fact, have a better handle on what needed to be done. You then whine to Slashdot to make him look like an ass.

    I feel bad for the other guy, but this is the price of freedom.

    1. Re:The real story by McWizard · · Score: 1

      90% of the code written since the split was in totally different directions. As I said, we only copied small stuff like GUI addons and so. Nothing which has any major influence on the project.

  144. It's why Open Source exist in the first place by ngyahloon · · Score: 1

    The concept of open source is that by opening the source, we can make better software. So I don't see why we cant copy from each other's code, as long as we give due credit in our release-notes, changelogs. I think the leader of the other project should consider working for Microsoft or Oracle if he has such a narrow view on open source.

    --
    Carpe Diem: Seize The Day!
  145. Doesn't depend; the GPL is clear by Anonymous Coward · · Score: 1, Informative

    In this case there is no question. The GPL is the license that people who want cooperation choose. If you choose the Modified Berkely Licenses or whatever, then incompatible forks are possible. The Mozilla Public License is specifically designed to allow incompatible forks.

    The GPL is the license which says clearly and upfront:


    If you want to fork then you will still have to share and cooperate. Whether you like it or not.

    Which is why forking is such a strong part of the Linux development model. And why you can feel that you gave fair warning. Everybody knows this; BSD people have moralised about this; Courts have made judgements about it; Microsoft has complained about it (they don't want to cooperate with anyone and have said so). The spin off doesn't have a leg to stand on.
    1. Re:Doesn't depend; the GPL is clear by Evil+Grinn · · Score: 1

      Which is why forking is such a strong part of the Linux development model.

      But doesn't GPL actually take away most of reasons why someone would want to fork? If you can't make a closed fork, then many people who would otherwise want to make one are instead motivated to either contribute back to the main project, or not use it at all.

    2. Re:Doesn't depend; the GPL is clear by tanguyr · · Score: 2, Interesting

      If you can't make a closed fork, then many people who would otherwise want to make one are instead motivated to either contribute back to the main project, or not use it at all.

      You can't contribute if the committers aren't interested in your patches and won't put them in CVS. Most of the time this is due to a quality or style issue, but sometimes it's just due to the fact that the committers might have another vision of the project than you do. In a case like that, where you are quite willing and able to do the work, you have two choices: patch every new version with your changes or fork the project. If enough people value your choices you might be able to develop a viable fork.

      Although forking should never be undertaken lightly, it is the sine qua non of freedom in software.

      --
      #!/usr/bin/english
    3. Re:Doesn't depend; the GPL is clear by EnderWiggnz · · Score: 1

      but sometimes it's just due to the fact that the committers might have another vision of the project than you do.

      sometimes its due to unbelievably large egos who never learned what "sharing" actually means.

      --
      ... hi bingo ...
    4. Re:Doesn't depend; the GPL is clear by tanguyr · · Score: 1

      sometimes its due to unbelievably large egos who never learned what "sharing" actually means.

      Yessssss, yessssssssssss - release your anger! ... laugh, it's funny ;)

      --
      #!/usr/bin/english
  146. Unethical? rather the opposite by SillyNickName4me · · Score: 1

    Assuming that both projects are GPLed, I think being able to do this is one of the points of the GPL. Making an issue out of it is unethical in that case.

  147. Wow by ngyahloon · · Score: 1

    ....the code forker has effectively became a code fucker...brilliant end to an eventful year! p.s. pardon me for posting a 2nd comment on this article.

    --
    Carpe Diem: Seize The Day!
  148. McWizard indeed! Ha! by eric.t.f.bat · · Score: 1

    Listen, Richard, I realise it's pretty hard holding all those LISP functions in your head, but do you really need to Ask Slashdot? Surely the Emacs community is able to help in matters of this kind! And don't be too hard on Jamie; he may be a bit crotchetty at times, but that night club of his is taking a lot of his energy at the moment, so he may seem a little less patient than usual. Give him time; once he sees the coffee-maker attachment you're putting into version 22, he'll probably want to un-fork just so he can use it. Don't lose hope!

    --
    I have discovered a truly remarkable .sig block which this margin is too small to conta
  149. GPLed by kyhwana · · Score: 1

    If both projects are GPLed, there absolutely nothing unethical about taking code from the other project (and vice versa)

    I'd tell the guy "WTF" and point out that the code is GPLed and you can use as much of it as you want.

    --
    My email addy? should be easy enough.
  150. So? by warrax_666 · · Score: 1

    If he takes code from others he should expect others to take code from him (if it's any good, that is).

    --
    HAND.
  151. what is the other project? by leuk_he · · Score: 1

    The only other thing you need to determine is what the other project is he is talking about. I could not find in in a 5 minute google.

  152. Why don't you just by james_in_denver · · Score: 1
    Kiss and make up???? Seriously, you are using the other teams' code, and attributing it to them, (and probably, to some extent, vice-versa).

    Okay, I'm sure there are some egos involved, but really, 90% of the codebase is probably the same (if it's one of the projects I'm thinking of).

    So what did the two teams gain by "forking"??? I'm betting not much more than some ego strokes. A couple of guys who "forked off" can say, "we know better than you" while odds are, that's exactly what the first team is thinking/saying.

    It's a shame y'all can't get along.

  153. Sounds like a big misinterpretation by Kjella · · Score: 1

    Section 2a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

    Why it needs to be the file itself is obvious. Otherwise you could grab a source file, and no longer have the notice (quite common if you pick a small subsection of a large project, you don't want to sift through the other 99% of the changelog).

    Now it might be very easy to be lazy with this (it is all GPL baby, and I don't care about my name being in the header for every little fix I make), and while it is all legally well as all the code is GPL, it is misrepresenting the modified code as the original. That is the reason for the clause. Maybe Mplayer has been lax about this? It is usually hard to find and rectify such slips.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Sounds like a big misinterpretation by ISayWeOnlyToBePolite · · Score: 1

      You can't mean to say that, not caring about sections of the gpl is "legally well", becourse it still is gpl. How do you make something gpl without complying with it's terms? Just stating that it is won't make it so.
      *Note that your copyright (since that's probably what it boils down to) will outlive you in any jurisdiction i know of. So I do care if your name is in the header for every little fix you make, whether you do or not. It is hard to rectify such slips.

  154. So let me get this straight... by HogynCymraeg · · Score: 1

    He copies _ALL_ your code (which he's entitled to do under the GPL) and you question whether you can copy _some_ of his code back? I think the answer is pretty obvious. And if he doesn't like it, tell him he's bound by the licence that allowed him to take it in the first place, meaning not only can you copy his work, but he has to make sure it's available to you ON REQUEST as well!!!

  155. A third one! by b100dian · · Score: 1

    I think you should make a third project with the common codebase :)

    --
    gtkaml.org
  156. let's be fair... by lxrhee · · Score: 1

    and not resort to name-calling. we haven't heard the other guy's side.

    post ur opinion, agree with this mcwizard or the other guy, but let's not start calling people you haven't met or listened to names like idiot or refer to the size of his penis. and my threshold is 4...

    if ever i'm in an argument, particularly if i'm losing, I guess i should ask slashdot before my 'enemy' does and hope for a response like this (i'm not implying mcwizard is the bad guy, just an example)

    i was happy to see so many ppl uphold the values of GPL but was extremely disappointed when the insults began and snowballed

    we're talking about ethics here.. aren't we? is it ethical to look down on ppl when u've won an argument about ethics?

    that said, i must say i agree with most of the responses.. mcwizard is not doin anything illegal or unethical

    1. Re:let's be fair... by McWizard · · Score: 1

      Thanks for that post. I'm a bit disappointed by the name calling as well, although they're all on my side. But he's not a twit or a bad guy at all. But he told me that most open source developers would think his way too, so I figured the best way to convince him, that he's wrong would be to ask Slashdot. He had his reasons for the fork, and I definetly made mistakes myself which encouraged him to fork, in order to make it better.

  157. Consider the fact that the spinoff project took all the code from your project, and that it's all GPLed. You should make the other project leader aware of that fact.

  158. Legally and Ethically OK by ajs318 · · Score: 1

    The GPL is all about sharing and reusing code. In fact, it effectively makes "failure to share" a sin. It's one of RMS's core beliefs -- and one of mine -- that there should be no such thing as closed-source software. When all software is Open Source, then there will be nothing to prevent any end being achieved by the best means possible -- because whatever the "official best way" of doing anything is, it will be shared by all. {What if Microsoft discover a security flaw in IE but decide to cover it up rather than patch it? Tough. You'd better hope no crackers find it by accident. What if the Mozilla Project discover a security flaw in Firefox but decide to cover it up rather than patch it? Sooner or later, some independent hacker is bound to discover that same flaw by looking at the code, release a patch, and nobody will trust the Mozilla project ever again.}

    The original project was subject to the GPL. Unless the spin-off was started by the principal copyright holder in the original work, or was sufficiently different to be considered a new work in its own right rather than a derivative, then the GPL still applies to the spin-off and all its derivatives -- and will continue to do so until the original work enters the Public Domain, either through lapse of copyright or by court order.

    Since the spin-off is subject to the GPL, then you have explicit written permission to copy it in whole or in part and to make derivative works subject to certain conditions. As long as you abide by those conditions, you are acting in accordance with the original licence. In fact, the permissions granted under the GPL are granted by the copyright holder, not the distributor. So if it was your original project, then nobody can stop you distributing it!

    --
    Je fume. Tu fumes. Nous fûmes!
  159. There are other concerns than legal and ethical... by Per+Abrahamsen · · Score: 2, Insightful

    As everyone else have said, legally there is no problem, and from a rigid ethical point of view you are also in the clear. Especially if the other guy is not the original author.

    However, this misses another point which is also very important, namely how to create an athmosphere of cooperation (or at least peaceful coexistence), which will benefit both of you. Or more specifically in this case, how to teach the other guy the value of sharing.

    If you say "fuck you, the GPL gives me the right to copy your code!", you can be pretty sure he will do his best to obstruct your work, and won't release any code again under the GPL (or any other free software license) when given a choice.

    And given that he actually does write code worth of copying, that would be a loss for the community.

    If you can give the impresion that you respect his wishes, but hope that you can find an arrangement so that you can incorporate his excellent work in a way he doesn't find unfair (maybe after an official release), and if there is any of your humble work he might find of use, you would be flattered to help make it accesible to him, and are there any other ways you could cooperate...

    The instinct of most of us is to stand proudly on our rights, but often better results are achieved by looking at what you really want to achieve. Is being "right" really your end goal?

  160. Re:On the Ethics of a Code Split? by m50d · · Score: 1

    That will have the same effect as closing the CVS repository, only more so.

    --
    I am trolling
  161. Share the Code! by Cros13 · · Score: 3, Interesting

    I work for a primarily FLOSS company. We recently developed an application which we were pushing at trade shows all over Europe. During our travels, we met several other companies' suits who were developing similar or identical solutions. Even though some of these companies are direct competitors, we encouraged them to look at our code, see the solutions we had created and adopt some of our code. Result: Out of 22 companies we talked to 20 made their solutions OSS. We have now integrated some of their code into our own product just as they have used our code. Moral of the story: Sharing makes the community stronger, eliminates much inefficiency and makes the software better! We survive separately BECAUSE we have different ideas of how features should be implemented.

    --
    --cros13
  162. Re:And here we have ... by BeeRockxs · · Score: 1

    McWizard is the original author of MegaMekNET, and urgru has coded lots of stuff for it. McWizard wants MegaMekNET to cater to one set of players, ie. one online campaign of BattleTech, while urgru wants MegaMekNET (now MekWars, the fork), to be a lot more configurable for different server environment's needs.

  163. Me too! by Kidbro · · Score: 2, Informative

    This is probably the most redundant post I've ever posted, but I just have to state that I don't think that what you're doing is the least bit unethical.
    To me, this is the whole point of the GPL. The end result is a better piece of software for the user, and that has to be good.
    If somebody decides that your code is good enough to "steal" (in the GPL way), you should feel honoured, not angry!

  164. memtest* projects share GPL code by SyniK · · Score: 1

    Best example I know of (because they're programs I use):
    www.memtest86.com
    www.memtest.org .com was first... .org thought it was unmaintained... patched it up and forked it... .com came back on the scene... Took some platform detection from .org and added a new "better" randomized memory checker... .org took the new better memory checker.

    That's about all I can follow from the FAQs and ChangeLogs :). They seem (at least from an outsider's view) to at least respect one anothers' accomplishments. I use them both. Sounds like the asker is in a similar code situation, but the memtest* guys just know how to play nice.

    --
    -Tom
  165. Not only is it ethical... by mrjb · · Score: 2, Insightful

    Both projects are GPLd.

    Not only is it ethical to copy back the code; this whole community thing of having other people contribute directly or indirectly to your code, is *the point* of GPLing it. NOT allowing others to do this would be unethical.

    Here's to the spinoffers: don't be a bunch of childish hypocrits. By making a spinoff of an existing project you benefited from the code of others, now give back something and let them benefit from your code.

    --
    Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
  166. Re:On the Ethics of a Code Split? by CountBrass · · Score: 1

    Re your sig: the phrase is "couldn't care less".

    --
    Bad analogies are like waxing a monkey with a rainbow.
  167. That's strange by JumperCable · · Score: 2, Funny

    Who ever heard of a coder with anti-social qualities.

  168. Fork to non-GPL from GPL with me as only author? by superswede · · Score: 1

    I have code written by myself. I wish to share it with others in case they find it useful and I have been thinking of making it GPL. However, what I wonder is the following. Consider that I make it GPL on 2005-01-01, then continue to improve my own code without anyone else is adding to it, then on 2005-12-01 someone adds their first contribution. The code pre 2005-01-01 is non-GPL so that I could make proprietary, but what about the code up until 2005-11-30? Do I give away all my rights to the code when making it GPL? Does the GPL say anything about this? What about LPGL? A similar idea is that what if I want to keep a main thread that I work on and maybe make money off one day [I need to have some income], but I will allow anyone else to *fork* from. So in summary, what license can you use if you wish to make money of your code, but at the same time want to share the whole or parts of your code?

  169. The whole article is a plant by Anonymous Coward · · Score: 1, Interesting

    It's just spreading FUD about open-source. Don't fall for it people! It's a troll!

  170. Sounds like... by MiniChaz · · Score: 1

    Sounds like the Windows XP Service Pack team are poaching from the Longhorn team again.

  171. Unreasonable prick by Anonymous Coward · · Score: 0

    ""Yesterday, I was contacted by the leader of the spinoff project who told me that he's quiet angry at us for doing that and that it's considered unethical and rude"(snip)

    Tell him he didn't fucking think that way when he started his OWN project by copying 100% of the code from YOUR project.

    He's being unreasonable and the best thing to do is to ignore him.

  172. The project in question is.... by Anonymous Coward · · Score: 0

    He didn't mention it, but here's the project

    http://cvs.sourceforge.net/viewcvs.py/megameknet /

  173. You need something like aegis by nietsch · · Score: 1

    It will not allow a developer to check in code that breaks things, you can fully attribute your code (who did what) and it will make you a happy bunny in general. If you don't want to be a happy bunny in a general that is fine too.

    --
    This space is intentionally staring blankly at you
  174. This has happened before... by Kjella · · Score: 2, Insightful

    ...I've seen similar complaints about mplayer vs xmms, and quite a few other "competing" projects. In most of the cases, it has been about taking all the hard back-end work, and slapping a new GUI on top promoting it as "their" product.

    At least in some of those cases it had merit because they are competing for developers, public support, financing, brand recognition etc. etc. But this looks more like a good old personal disagreement.

    His project will not be lessened by you taking his improvements. If he feels you're leeching off his project (i.e. providing nothing in return), that is his own fault for not using any of the possibilities the OSS licencing provides.

    There's nothing wrong or unethical with not wanting others to use your code. But you can't eat your cake and have it too. He took the GPL code, and he's bound by the GPL. If he wishes the licence was different, he should not be blaming his mistakes (basing his fork on a GPL project) on you. Who put a gun to his head and forced him to release it under the GPL? Only himself, by making it part of a GPL project.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  175. Error: Too Many Agreements by rob_levine · · Score: 2, Funny

    Practically everyone seems to be agreeing here.
    Must be the Christmas spirit and goodwill.

  176. Tell spinoff boy to by Anonymous Coward · · Score: 0

    FORK OFF! Baaaaaahahahahahahahaaahaaahaaaaa!

  177. True Open Source developers? I dont think so... by brunopatatas · · Score: 2, Insightful

    Well, for my experience, this happens a lot more than the desired. I am the project administrator of a Open Source RenderMan compliant renderer. When I announced the development and upcoming release of my rendering system, the project administrator of another RenderMan compliant start complaining with it. Frequent questions in several forums ( and to my e-mail )was: " Why another OpenSource renderman? "; " Isnt the aim of Open Source avoid double efforts? "; and that sort of things. Hell, Open source does not restrict you in any way. You are free to think, why you shouldnt be free to develop your own project, with the characteristics that you want? The point of this reply is only to say that unfortunatelly there are a handfull of so-caled " Open Source Developers " that are only in this because they believe that is very cool to feature a Open Source banner in their websites.

  178. Isn't that the whole point of the GPL? by Anonymous+Brave+Guy · · Score: 2, Interesting

    If I'm understanding this right, someone forked a GPL'd project, but they're now claiming that the original project is being unethical in back-porting changes from the fork? That's crazy! Surely the whole point of the GPL, as opposed to say BSD-style licences, is that if you take GPL'd code you have to give back what you build on it? I don't see how the spin-off project have a leg to stand on, either morally or legally.

    On the subject of obfuscation, it seems clear that they only have to give back the "finished product", and aren't under any obligation to allow access to development code. However, attempting to obfuscate the code given back also seems to be obviously contrary to the GPL, so the worst he can do once he makes a release is obfuscate the changelog as he suggested, which any decent diff tool will overcome in seconds for the original dev team.

    Really, this just seems like exactly the kind of ego-promotion the GPL was intended to prevent. No-one forced them to take GPL'd code as the foundation of their spin-off project, but if you're going to take someone else's code, you have to do it on their terms, which in this case means "licensed under the GPL". If you don't like those terms, you're free to write your own code and release it under whatever licence you like...

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  179. Reminds me of some people on wikipedia... by PenguiN42 · · Score: 1

    Reminds me of some people on wikipedia who get upset because "their" articles were changed, missing the entire point of wikipedia (once you submit, the text no longer is yours but is the whole community's).

    Getting code from other GPL'ed projects, spinoffs or not, is not only not unethical, but is part of how the whole friggen thing works in the first place.

    And how others have noted, they started *their* project by taking code from *your* project. So WTF.

    --
    The following sentence is true. The preceding sentence was false.
  180. Re:And here we have ... by BeeRockxs · · Score: 1

    Basically you're right, but both McWizard and urgru use MegaMek in their respective projects. McWizard and urgru both do not do any coding for MegaMek.

  181. Re:And here we have ... by McWizard · · Score: 1

    That's not the point. MegaMekNET is as configurable as Mekwars, or can be made as configurable in a few minutes. One difference is, that the focus is on the main Server while accepting patches for other server, but not intentionally coding stuff to support others. That's because the player base is imho still too small to open up X other servers, but if someone wants to, he can do that of course. There are game related differences that make up the real difference between the two projects.

  182. I dont see what there is to be angry about. by jellomizer · · Score: 1

    I think the guy who forked has more issues then you. Even though forks may split direction there are often places where they might make the same turns. Say with your graphics. So the guy who forked the code wrote a better graphics routine then you did. So you decided to use it, being that he got credit for the work, and he is not getting paid anyways he should be happy, with you using his code, it gives some validity to his fork. Just because he is angry it isn't your issue, it is his, For whatever reason for him forking he probably feels that he in direct competition with you (although it is not really a game, and there is no real looser) so when you use his code it feels like you are cheating.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  183. Simplest Response by Anonymous Coward · · Score: 0

    Merely agree that the leader of the other project is correct. Then ask for removal of all the base code that was copied from the original branch. Then ask what the difference is.

  184. JBoss by dpm · · Score: 1

    I remember reading about similar problems between JBoss and Apache Geronimo -- in that case, it was not so much a fork as Geronimo's using some JBoss code to fill in parts of Geronimo that hadn't been written yet.

    Reusing Open Source code is not only legal and ethical, but it's the whole point of Open Source. My only problem is that I prefer to put my own stuff in the Public Domain, but if I borrow any code (rather than just referencing a library), then I have to follow that code's license. Sometimes that leads me to write my own simple modules instead of reusing existing ones.

  185. GPL? Someone's still fussy? JUST GROW UP! by ansak · · Score: 1

    If both branches are GPL'd (or close enough to GPL that such code sharing isn't legally opposed) and someone gets annoyed about code sharing, then I think it's time for someone (the fussy party) to grow up and learn to revel in the fact that "the best parts" get propagated.

    If the code un-forks later because all the real innovations got accepted by the original branch, that might or might not be better. It might also be a sign to the keepers of the original branch that they should have accepted more of that group of people's changes earlier so they didn't feel they just had to fork or be ignored.

    cheers...ank

    --
    Still hoping for Gentle Treatment...
  186. Ownership by nuggz · · Score: 1

    The GPL does NOT take ownership of it.
    I own everything I do.
    The GPL just limits what I can do with a combined product.

    This is specifically why Linus doesn't own the copyright to the whole kernel. It would be very hard to hijack it since there are many owners who would need to give permission.

  187. MOD PARENT UP by Anonymous Coward · · Score: 0

    mod parent up, seriously

  188. An intention of the GPL by PurpleWizard · · Score: 1
    must surely be that code can be re-used.

    Sounds like the other guy is having tantrums about nothing. Surely it's a tribute to the originators that others want what they have done!

    Taking what's best is the power of freedom in software.

  189. GPL not the issue by static0verdrive · · Score: 1

    I don't believe the license is the issue here. GPL basically means share, share, share. If it were simply a matter of "can we...?", then the answer is yes. So, to look at the ethics, let's put it this way: They are altering an entire code base which was handed to them, so if they don't like the idea of giving back to the hand that fed them, they should look into being bankers rather than developers. Some posts above make a good point about perhaps the fork was forked because ideas were being ignored, but I have trouble believing their "vision" was a matter of 20 or so lines of different GUI code. IMO, you are more than welcome to anything they code, and vice versa. Everyone should grow up, shake the capitalist view of computer programming when dealing in the open source world, and learn to improve their software by monitoring similar projects for useful ideas. (My only exception is that, of course, if the only reason a project gets forked is to make minor changes and try to get to version 1 first, maybe those efforts would be better spent contributing to the original project rather than a childish race.)

    --
    ========
    77 77 77 2e 6d 65 6c 76 69 6e 73 2e 63 6f 6d
  190. Easy fix for all this by Smilin · · Score: 1

    Simply promise him you'll remove all of his forked code from your original if he removes all of the original code from the fork.

    Problem solved! :)

  191. Consider samba and samba-tng by mikej · · Score: 1

    The samba-tng project forked because of disagreement over how the samba team was handling a core design decision (named pipes). Samba-tng became capable of serving as a windows PDC, and the samba project took whatever code looked good. Relations between the groups have been strained at times, but their experience sounds like a pretty close parallel to what you're seeing.

    At the end, though, GPL code is GPL code. If it's under the GPL, you can use it, and there's really nothing the author can do. I think most people would agree that the's nothing wrong with using open source code - That's what it's there for.

    --
    Ideology breeds Hypocrisy. Just how much is up to you.
  192. What the GPL allows by Jumbo+Jimbo · · Score: 1

    First off, this is a post purely about what is allowed under the GPL - I'm not commenting on what's covered by the spirit of open source development.

    The post said Nevertheless he's thinking about obfuscating his changelog and only open the source as packages when he's doing a release, which is, as he says, his right under the GPL

    A lot of people have spoken about software being written under the GPL being open source and available to others. However, as I understand this case from the quote above, the original poster is talking about using code not released by the forked development, but generated during the development process that may or may not end up in the final version.

    However, the GPL applies to modified code that is copied and distributed. Please see this quote from the GNU GPL FAQ (sorry for the TLAs).

    If you commercially distribute binaries not accompanied with source code, the GPL says you must provide a written offer to distribute the source code later. When users non-commercially redistribute the binaries they received from you, they must pass along a copy of this written offer. This means that people who did not get the binaries directly from you can still receive copies of the source code, along with the written offer.

    As an example, if I write an application based on an open source software project, but do not distribute it, I have no obligation under the GPL to release the source code for it.

    However, if at a later stage I did distribute it, I would have to make the source of what is included in the release available, but not all the code in my repository, for example, unused classes and test harnesses.

    So to conclude, I think that the second manager was legally within his rights to obfuscate the code being used during development and only provide source code at relase, as he threatened.

  193. It's Open Code: Too many Cooks? by pappin · · Score: 1
    They are both GPL'd so I don't see there is an issue at all, this sounds to me as if there really where too many officers, and not enough enlisted men.

    A personality conflict of that sort can really cause a problem but it doesn't mean that the two can work together... they just chose not to.

    However that doesn't mean that a split is a bad thing... and I suspect that one day, if the two applications are similar enough they may get reintegrated... so IMO your just a step ahead.

    I suggest that not only do you use the code, but give clear and obvious credit to the fellow who wrote it, not just hide the note down in the source but add them to the "credits" dialog for your app.

  194. Re:There are other concerns than legal and ethical by Anonymous Coward · · Score: 0

    Indeed. That goes both ways, too. The forker could apply a little enlightened self-interest here. If the original maintainers are willing to go through the effort of considering his changes and merging them back where applciable, he shoudl be glad of the insurance policy. I don't think that both of these projects will survive: they are similar enough that almost everyone will eventually gravitate to one or the other. The determining factors are likely to be: which maintainer is more pleasant to deal with and which direction eventually shows itself to be superior. If it is the former and it is the forkee that is the jerk then eventually all the developers will come to his camp. If it is the former and the forker is the jerk, then it might be nice to have an alternative in case he finds out that being a project maintainer isn't for everyone. If the forkee believes (as he appears to) that his team's work is simply superior to anything the original group does, then again, his fork will "win" in the end. In the meantime, he has a the other project as an excellent source of useful fixes and ideas. OTOH, if his fork turns out to have been a poor choice technically he, again, has the other project to return to.

  195. Wait one, Maybe another angle by pappin · · Score: 1
    If the forker was the initiator and the original copyright holder -- the forker could change the licence on the code at the this point *now* -- and continue under a "hidden code" licence. However the forker would have to leave the distributed GPL'ed code out there for the other branch to use.

    I could be very wrong here, so maybe someone could clarify the GPL on this issue.

    1. Re:Wait one, Maybe another angle by dossen · · Score: 1

      The GPL is just a copyright license. You (or the forker, or anyone else) can apply it to exactly the code they hold the copyright to, and they are free to apply any other license to that code. What makes the GPL work (in the long run) is that what's out under the GPL cannot be retracted (unless it was released without authority, but then we are usually heading into corporate issues (or the SCO case...)), and that any contribution not explicitly assigned to the main copyrightholder remains the copyright of the contributor.
      Assuming that the forker initiated the project, he would still need to purge any contributions made by third parties (or get their ok to a relicensing), and get rid of any code that derives from those contributions, before a release could legally be made under another license.
      And as you (and I) pointed out, the code, at the point of forking (and until relicensing is in place), is available under the GPL (and will be as long as someone willing has a copy).
      For a bigger example look at the discussion a while back, when someone offered to "buy" a relicensed linux-tree. Linux has enough copyrightholders that even if Linus was ok with (of cause he was not), there could never be any meaningful relicensed version (not GPL to BSD anyway).

  196. Ask the Fsking Stock Holders by SirLanse · · Score: 1

    Do the people paying the bills want you to duplicate efforts? Nooooo! He is doing a lot of work and you are improving your product from it, whoop-ie. That is part of being on the bigger team. If he does not want to be part of the team, he should be allowed to take his ball and go home. Then he can play with his balls all by himself. Go up the food chain until you get a non-techie, have a meeting and see what the answer is.

  197. GPL and donations... by hsoft · · Score: 1

    As you can read, pretty everyone say it's legal and ethical. I won't argue about this.

    What I will say is that this kind of stuff is a good argument for a developer NOT to go GPL.

    A lot of GPL projects ask for donations. I don't know if it actually works, but let's say that developer X has the OSS spirit, work very hard on a cool project, he even manage to bring a couple of other developers.

    Then, developer Y forks the project, slaps a new GUI on it. Developer Y has better marketing skills, and forked project actually becomes more popular than the original project.

    Now let's say that the forked project has a donation button, and it actually works. Where does that money go? 80% of the forked project code comes from developer X. Will developer Y send 80% of the donations he receive to developer X?

    I seriously doubt that the majority of people clicking on the "Donate" button actually check the whole CVS changelog to check who actually contributed to the project.

    If I'd be developer X and would see that happening, I would sure be angry, but everyone would say that developer Y is legal and ethical and they would be RIGHT. Thus, I would not be angry at developer Y, but at me for choosing GPL.

    Cmon, flame me for not having the "OSS spirit", but I will not make the mistake of investing considerable amount of my precious time into GPL so someone else makes money off it, and this story is yet another reason against GPL.

    That said, I am not really "against" open source. I use a couple of open source programs daily, and if I had the time, I would probably try to contribute to my favourites (TortoiseCVS, wxPython/wxWidget). I'm just saying that someone who expect a reward for his/her work on a GPL project is a fool, and I'm also saying that I'm skeptical about donation buttons.

    The only project I donated to yet is crimson editor, and it's not even OSS. However, I can be sure that my money went to the developer who worked the most on the project, because there is only one. If the project would have been GPL from the start and had a lot of contributors, I would probably wouldn't have donated, because the money probably wouldn't have gone to the developers who worked the most.

    --
    perception is reality
  198. Re:On the Ethics of a Code Split? by m50d · · Score: 1

    Yes, but there seem to be an awful lot of cretins who will say "could care less" and confuse me.

    --
    I am trolling
  199. The guy simply doesn't understand open-source dev by helgihg · · Score: 1

    I have a very strong opinion in this.

    The fact that this guy is pissed off for other people using his GLP'ed code, proves beyond reasonable doubt that he doesn't even understand the basic principles of open-source software.

    In reply, ask the man why he took GPL code to begin with. I'll bet my left kidney that he doesn't have a clue why. "Stealing" from a spinoff is no different than "stealing" from any GPL'ed project. If your resulting code is GPL as well, it's okay. That is the MAIN purpose of the GPL, and if he doesn't like it, just tell him to get his act together and hire a programmer to do a closed-source version of his present GPL code. Then he'll be forced to ask himself what his problem is. The truth is, it's not a problem, it's just good'ol fashion much ado about nothing.

    It's just hipocracy to create a spinoff GPL code, and then complain when "the wrong person" actually bothers to use the rights given to him through the GPL.

    Just tell the man to "RTFM", the GPL, in this case.

  200. You worry too much by Mr.Surly · · Score: 1

    They took the entire codebase to make a spinoff, and you're worried about backporting the little stuff?

    Don't sweat it.

  201. The thing is.. by schon · · Score: 1

    The thing is that this is all irrelevant.

    The simple nature of GPL'ed work is that *THIS IS WHAT IS SUPPOSED TO HAPPEN*.

    Once you get a fork, the two projects will continue to evolve separately, but as they are attempting to solve the same problem, will probably end up merging again.

    If the split happened because of differing views on the way to solve a problem, then it may take awhile, because they'll have to wait for one way or the other to prove that it's superior - at which point features from the other version will be gradually merged into the other, and the inferior design will be abandoned.

    If the split happened because of personal issues, then it will happen sooner rather than later, because there are fewer technical issues - all you're waiting for is for everyone to cool off and start focusing their energies on the project. If it's because of one person, that person will eventually get overruled, and either learn to live with it, or quit - if it's a single developer, his/her code will be absorbed into the other fork.

    The bottom line is that there is no moral/ethical issue here, this is a normal part of two healthy GPL'ed projects.

  202. And... by Anonymous Coward · · Score: 0

    If that still doesn't work

    Step 3:
    Post an article entitled Free Pr0n for the Masses and add HIS site as a link. Let slashdot sort him out.

  203. Re:Fork to non-GPL from GPL with me as only author by dossen · · Score: 1

    As far as relicensing goes, you have no problems until the first patch from a third party is committed. So in your example, the code up until 2005-11-30 is yours to do whatever you want with. And it remains so until copyright runs out (in Disneys dreamworld: forever). The code from 2005-12-01 and on is the only thing you do not have complete control over. But even then you might be able to keep a clean branch if you wish (use a good revision control system). Divide your own changes into two piles: ones that work without changes you do not hold the copyright to, and those which needs (including recursively) the contributions of others. I definetely ANAL, but I think that you could resonably easily argue that pile one is yours to license as you see fit (assuming that you are careful (rewrites of outside patches, and stuff directly inspired from them, needs to go in pile two as well. Basicly anything you are not absolutely sure is not derived)). Question is if pile one will be big or small, and that depends on lots of things, but first and foremost what patches you accept.
    One way to do what you want is to GPL, but only allow patches assigned to you (like GNU does). That might spawn a fork, or lessen the number of patches, but if you do good work and announce your intentions up front (e.g: Explain that you intend to sell licenses to finance development of the Free side, promise to keep the code Free (only if you can live up to the promise!), provide good service to GPL users, and so on) there might still be some sucke^H^H^H^H^H helpful hackers out there (I hope that time will show the "suckers" part to be fun (as intended), and not a prediction).
    Another option would be to carefully (and in the open, documented) setup your project as several seperate pieces, licensed differently. This might need a lot of thinking (perhaps even someone with legal expertise) to hack together, but but if you are careful, and _upfront_, about what is Free and what is not (and perhaps even why!), you might be able to create a good setup. One example could be to release content for a game seperate from the code (like Id with Quake).

  204. To paraphrase an old saw by Anonymous Coward · · Score: 0

    Live by the GPL, Die by the GPL.

  205. Re:And here we have ... by Bryan_Casto · · Score: 1

    Comment from the fork maintainer is here.

    --

    Bryan J. Casto
    bryan.casto(a)gmail.com
  206. small minded and stupid by Anonymous Coward · · Score: 0


    ignore him, he's a forking idiot.

  207. netbsd and openbsd by Anonymous Coward · · Score: 0

    go read up on how openbsd forked from netbsd - and watch how both camps take stuff from each other with no issues (eg, openbsd recently got netbsd's MP, and netbsd recently imported openbsd's pf). And don't give me that typical slashdot rhetoric about how openbsd and netbsd have different goals and are therefore not competitors - that's only spouted by those who haven't bothered to use both, and, usually IMHO, either.

  208. how can it not be ethical? by samantha · · Score: 1

    This is open source after all. Part of the point is that different projects can take advantage of code generated by other projects. That the other project in question happens to be a fork of your own simply says the likelihood of relevant useful code flow in both directions is higher than usual. All benefit and none are harmed. That's about as ethical as it gets.

  209. Then why has he made it GPL by al912912 · · Score: 0

    I don't understand how a person makes a project GPL and then does not want to share (or just share at some times). Then this guy is not really thinking about helping his fellow programmers. Maybe he is just doing it for the recognition among hacker circles.

    Anyway if I was doing the project in the view of making a project that would help me and my nerd friends, I wouldn't see why I wouldn't like to help another person.

    It is not unethical and the changelog guy is the one who is wrong, not the guy who started this thread.

  210. hmm by mattyrobinson69 · · Score: 1

    politely remind him that his entire codebase was forked from your codebase. also politely tell him to fuck off