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GPL Violators On The Prowl

ravenII writes "GPL Violations.org are looking after the GPL. Warning letters were personally handed over to companies at their CeBIT booths by Mr. Harald Welte, free software developer and founder of the gpl-violations.org project. It seems big boys like Motorola, Acer, AOpen, Micronet, Buffalo and Trendware seem to violate GPL. Please visit the site for more information on GPL enforcements and violators."

636 comments

  1. Ooohhh.. Leters! by Kenja · · Score: 2, Funny
    That'll show them!

    Whats next, rude phone calls? Or how about ringing the door bell and then running away?

    Sorry, but its not like Motorola is going to stop because a group they never heard of handed them a letter.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:Ooohhh.. Leters! by tabkey12 · · Score: 5, Informative
      Well, actually if you looked at their site you would find that they have already had considerable success against companies such as Asus & Sitecom

      Remember kids, read before you post!

    2. Re:Ooohhh.. Leters! by Speare · · Score: 4, Interesting

      In many cases, the letter will likely be forwarded to the internal legal department for review, which may spark questions and conversations internally. In many other cases, the letter will likely be found in some rarely-used briefcase several years after the earnest, booth-attending middle-manager has left the company.

      --
      [ .sig file not found ]
    3. Re:Ooohhh.. Leters! by flumps · · Score: 2, Informative

      yup.. FTFA:

      In this year, the project managed to conclude more than 25 amicable agreements, two preliminary injunctions and one court order.

      --
      "So there he is, risen from the dead. Like that fella, E. T." - Father Ted Crilly
    4. Re:Ooohhh.. Leters! by gammygator · · Score: 1

      On the other hand, consumers can quit using the products of violators.

      --

      No Nyarlathotep, No Chaos
      Know Nyarlathotep, Know Chaos
    5. Re:Ooohhh.. Leters! by Rude+Turnip · · Score: 3, Insightful

      That's irrelevant. This is between the software author and the violator. If a company is violating the copyright of a software author, their infractions must be dealt with.

    6. Re: Ooohhh.. Leters! by Anonymous Coward · · Score: 0

      Kind of hard when its down due to slashdotting.

    7. Re:Ooohhh.. Leters! by tabkey12 · · Score: 3, Informative

      BTW, Site is down: So to read the article, check out MirrorDot

    8. Re:Ooohhh.. Leters! by suso · · Score: 5, Funny

      Whats next, rude phone calls? Or how about ringing the door bell and then running away?

      Heh, that would be kinda funny actually. Like in one of those made for TV movies, could you imagine someone calling some female CEO of company X in the middle of the night and saying in a dark voice:

      Dark voice: "We know where you got your source code, so you better put it back."
      Female CEO: "Who is this?"
      Dark voice: *pauses*
      Female CEO: "Who is this? You better stop calling me"
      Dark voice: *click*
      Child: "What's wrong mommy?"
      Female CEO: "Its ok honey, go back to sleep."

      --
      suso.org website/email hosting, no disk space quotas and personalized support.

    9. Re:Ooohhh.. Leters! by first.last · · Score: 0

      I for one would be more than happy to look at their site but it isn't coming up. Guess it sucks not having servers with Motorola processors in AOpen boxes... :)

      --
      Wishing I was a millionaire since 1969.
    10. Re:Ooohhh.. Leters! by MurkyWater · · Score: 0, Redundant

      I'd LIKE to look at the site, but Slashdotting is preventing me from doing so.

    11. Re:Ooohhh.. Leters! by dr_dank · · Score: 2, Funny

      Remember kids, read before you post!

      Ahhh, I remember being a young slashdotter once...

      --
      Where does the school board find them and why do they keep sending them to ME?
    12. Re:Ooohhh.. Leters! by southpolesammy · · Score: 1

      Asus isn't exactly small, but Motorola is comparatively gigantic. This would be a major uphill battle against MOT's legal team if anything more than threats were considered. Not saying it's an unwinnable fight, but it would be very difficult and costly -- likely beyond the means of most coders or entities with software under the GPL. Makes entities like the EFF very powerful in this case.

      --
      Rule #1 -- Politics always trumps technology.
    13. Re:Ooohhh.. Leters! by mikael · · Score: 1

      Whats next, rude phone calls? Or how about ringing the door bell and then running away?


      Ultimately, this will lead to fanatical protesters hanging around the entrances to the company offices while waving photographs of applications with unreleased source code while shouting "Those are dead-end projects!".

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    14. Re:Ooohhh.. Leters! by Anonymous Coward · · Score: 0
      Ooohhh.. Leters!

      you left out a leter.

    15. Re:Ooohhh.. Leters! by bbc · · Score: 1

      RIAA members steal from the public. GPL infringers steal from the public. Same thing.

    16. Re:Ooohhh.. Leters! by Rude+Turnip · · Score: 1

      Putting the RIAA aside, GPL infringers infringe upon the copyrights of the authors of the software.

    17. Re:Ooohhh.. Leters! by bbc · · Score: 1

      "Putting the RIAA aside, GPL infringers infringe upon the copyrights of the authors of the software."

      I am working from the assumption that those who use the GPL do so because they support the goals of the free software movement.

      If there are people who just want a free ride, who don't want to pay a lawyer to draft them a license, I wish them all the best, but I don't really care if they get shafted.

    18. Re:Ooohhh.. Leters! by Anonymous Coward · · Score: 0

      Actually, Motorola has a very strong policy on contributing back GPL software. I remember there being a special directive regarding this when they first started getting into Linux for embedded devices, such that any modifications to gpl'd code didn't could automatically be given back without getting special signoff. So any violations are most likely due to error, not on purpose (or at least not due to corporate policy).

    19. Re:Ooohhh.. Leters! by southpolesammy · · Score: 1

      Ah, my faith in corporate ethics finally takes a tiny swing upwards.....feeling warm....hey, there's fuzzy too....

      --
      Rule #1 -- Politics always trumps technology.
  2. Four Questions by Anonymous Coward · · Score: 1, Interesting

    How do you get to prove it?

    Who proves it?

    Who sues at the end of the day?

    Is there a legal fund set up to help out?

    1. Re:Four Questions by Saeed+al-Sahaf · · Score: 1

      1.) You look at the code, and gee, it looks the same. 2.) See above. 3.) No one because most FOSS developers are dirt poor. 4.) No.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    2. Re:Four Questions by Pofy · · Score: 2, Interesting

      >1.) You look at the code, and gee, it looks the
      >same.

      Which of course is easy if you have access to the source code of course. What about otherwise? Even if one would in some way be able to compare compiled code, how to handle those that thik EULAs are enforcable which normally prevent any way to actually look at the code.

      Even with no EULAs, many copyright laws only permit for example reverse engineering for specific purposes, not to see if the code is the same as another one.

      Finally, countries with DMCA like laws that include access (and not just for copyright infringement cases) have further problems to get to the actual code.

      So how do one get arround all that? Indeed, disregarding GPL, how will anyone (including big software companies) really be able to check to see if someone is using their code at all?

    3. Re:Four Questions by SirTalon42 · · Score: 2, Interesting

      Look at the IMB vs SCO case, IBM brought in an expert on finding out that sort of stuff.

      One way to check for violations is to compare the strings, sometimes it will be blatantly obvious, like some group ripped off ReactOS but were so lazy they didn't change all the string in the program so they didn't say ReactOS and when you have strings all around that say REACTOS, you have error messages that are the same, and files have the same signature, and other things like that its easy to find out.

      In most cases of GPL violations the code wasn't attempted to be scrambled it obscured at all to hide its origin. Often this is just done by a lazy developer and the management doesn't know about it till they get the warning letter (and look at the GPL violations site, 25 out of 28 cases have been solved with only the warning letter).

    4. Re:Four Questions by mrsev · · Score: 2, Insightful

      Im a biologist so I see things from a functional point of view.

      Lets call my code X and their code Y.

      Imagine I have a system that uses Code X. I know all about Code X and how it works. I know that with stimulus A, Code X has a bug that causes it to crash and burn.

      I can take code Y and see how it handles stimulus A, if it crashes and burns too then I form a hypothesis. Now I keep doing this with stimuli B C D E and see what happens. If you get the same results with both stimuli all the time the codes are probably derived from or related to each other.

      This works for many kinds of comlex systems where you cant just "read" the code.

    5. Re:Four Questions by Anonymous Coward · · Score: 0

      and look at the GPL violations site, 25 out of 28 cases have been solved with only the warning letter

      I'm looking at GPL violations site and I don't see any such cases been solved. Any link?

      And the newsletter for CeBIT is so vague, they just blame 13 companies out of the blue. Without further details on what part of GPL or what source code those vendors violated, I would consider this as difamation and I would expect gpl-violations.org to be sued to death.

    6. Re:Four Questions by Anonymous Coward · · Score: 0

      stimulus A = format c:
      stimulus B = pull the plug
      stimulus C = stick magnet to hard drive
      stimulus D = rub ballon on your head then touch motherboard
      stimulus E = spill hot coffee in keyboard

      Conclusion: All stimulus cause both Code X and Y to stop responding, so I conclude the codes are stolen, sue the bastards!

    7. Re:Four Questions by Frank+T.+Lofaro+Jr. · · Score: 3, Funny

      "I'm not writing buggy code, I'm adding tracking technology to detect theft of the intellectual property!" :)

      I'll keep that one in mind next time I write something that breaks. :)

      --
      Just because it CAN be done, doesn't mean it should!
    8. Re:Four Questions by bluGill · · Score: 1

      Getting source code is easy. Sue them for infringement, and then have your lawyers subpoena the source code.

      Now if they are not violating you can be counter sued for lawyer fees. So you don't want to do this to everyone.

  3. "Seem to" by grasshoppa · · Score: 3, Interesting

    We don't know?

    If someone is acting on "our" behalf, I think "we" should know fully what is going on before hand.

    For all we know, this could be a scare tactic by MS to worry people back to their side of the fence.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
    1. Re:"Seem to" by 0x461FAB0BD7D2 · · Score: 2, Interesting

      GPL-Violations should GPL their processes.

      In any case, I doubt this is an MS tactic. They've actually settled the majority of the cases amicably. Microsoft does nothing legal amicably.

      Also, where's Groklaw when you need it?

    2. Re:"Seem to" by rekoil · · Score: 1

      They are not acting on "our" behalf unless you are the author of the GPLed software being used in violation of the license. Remember, the GPL does not bequeath ownership of the code to the public domain. If it did, then the code would no longer be subject to the GPL.

    3. Re:"Seem to" by Rudeboy777 · · Score: 1

      It seems big boys [...] seem to violate GPL

      The author of the write-up seems more concerned with covering his ass with weasel words than actually expressing indignance at what seem to be violations.

      --

      From hell's heart I fstab at /dev/hdc

    4. Re:"Seem to" by Anonymous Coward · · Score: 0

      Define "our".

      Let's say, hypotehtically, that Foo Inc. had taken GPL'ed code and made it part of their proprietary software or otherwise violated GPL.

      I as an individual (i.e. someone who did NOT right the code in question) do not really have standing to sue Foo Inc., because it's not my code that they're infringing. I'm not party to the license agreement between the author of the GPL'ed code and Foo Inc. While I might be the potential beneficiary of Foo Inc releasing their code, there has been no exchange of consideration between myself and Foo Inc., so I can't see standing under US contract law for me (or someone acting on my behalf) to sue anyone.

      The author of the code in question may choose to release their code under whatever license terms they wish directly to the public. Or they may choose to donate their code to a project, and that project may license the code under GPL or any other license. Whoever grants the license is ultimatly the one who has standing to challenge the use of their licensed code.

      So I'm wondering how this works, legally....

    5. Re:"Seem to" by Dun+Malg · · Score: 1
      GPL-Violations should GPL their processes.

      GPL is copyright. You can't copyright a process.

      --
      If a job's not worth doing, it's not worth doing right.
    6. Re:"Seem to" by NanoGator · · Score: 2, Funny

      "For all we know, this could be a scare tactic by MS to worry people back to their side of the fence."

      I wouldn't rule out Romulan involvement...

      --
      "Derp de derp."
    7. Re:"Seem to" by SuiteSisterMary · · Score: 2, Insightful

      Yeah, that 'innocent until proven guilty' thing's a real bitch, ain't it?

      Man, I'm glad I don't live in a country where you can't just throw unproven accusations around all willy-nilly.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    8. Re:"Seem to" by poot_rootbeer · · Score: 1

      We don't know?

      Well, it's kind of difficult to prove beyond all doubt, what with the source code for the products which are allegedly in violation not being available and all.

      For all we know, this could be a scare tactic by MS to worry people back to their side of the fence.

      I don't see the benefit to them.

      If anything, evidence of high-profile GPL violations would dissuade developers from writing GPL software. It would do anything to convince users not to USE GPL software, in fact it might do the opposite -- if GPL code is good enough for these big-name companies to use in their products, maybe it's good enough that I should use it too!

    9. Re:"Seem to" by cybrhippy · · Score: 2, Interesting

      I doubt it, M$ and other closed software already use this tatic over here http://www.bsa.org/

      --
      Cybrhippy - "It all makes sense... Well, To me anyway." The Maxx
    10. Re:"Seem to" by Donny+Smith · · Score: 1

      >Also, where's Groklaw when you need it?

      Hah, that's a good question! I guess they're only interested in high profile high PR cases and not this menial, dirty work.

      Once I asked GNU.org about the process for dealing with GPL violators and it was quite cumbersome and non-exciting.

    11. Re:"Seem to" by Anonymous Coward · · Score: 0

      SCO

    12. Re:"Seem to" by pershino · · Score: 1

      It's a process? Excellent, I'll get a junk patent on it then!

  4. Apropriate action by JamesP · · Score: 4, Funny

    It'll be good to see GPL violators being held responsible. We can start with CherryOS.

    Paraphrasing:

    Violators will be shot
    Survivors will be shot again

    --
    how long until /. fixes commenting on Chrome?
    1. Re:Apropriate action by Alwin+Henseler · · Score: 5, Funny
      Violators will be shot
      Survivors will be shot again

      Missing the last line: "Unless you've got really big boobs."

    2. Re:Apropriate action by mattyrobinson69 · · Score: 4, Funny

      That was obviously implied.

    3. Re:Apropriate action by Crayon+Kid · · Score: 5, Funny

      Not if they're manboobs.

      --
      i ate crayons when i was a kid and now i have two braincells and the blue ones taste nicer
    4. Re:Apropriate action by Anonymous Coward · · Score: 0

      You mean I've been growing 'em for nothing?

    5. Re:Apropriate action by Anonymous Coward · · Score: 0

      Last time I heard it it was:

      Violators will be shot
      Survivors will be violated

    6. Re:Apropriate action by rlanctot · · Score: 1

      Moobies? /shiver

    7. Re:Apropriate action by HD+Webdev · · Score: 1

      Not if they're manboobs.

      Are we talking high caliber?

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    8. Re:Apropriate action by burnunit0 · · Score: 1

      I have manboobs. I don't mind manboobs. What if the shooter also had a thing for manboobs? Besides, I would shoot back if I got shot at.

      --
      yes. that's all I'm going to say in all comments from now on.
    9. Re:Apropriate action by Dopefish128 · · Score: 1

      Wouldn't it then be "Survivors will be violated"?

      --
      "Knowledge is power. Power corrupts. Study hard. Take over the world."
  5. Court? by j.bellone · · Score: 3, Insightful

    If nobody is going to take these people to court then there is absolutely no reason to hand these people warning letters. They have no intention of changing their practices unless they are taken to court: they are no better than Apple or Microsoft.

    --
    I'm f#$king magic!
    1. Re:Court? by Anonymous Coward · · Score: 0
      They have no intention of changing their practices unless they are taken to court

      RTFA, he's already got 25 amicable settlements.

    2. Re:Court? by MrLint · · Score: 2, Interesting

      Which GPL license violations are Apple and Microsoft alleged to be guilty of?

      (I think this needs clarification instead of my mod point on it.)

    3. Re:Court? by LilMikey · · Score: 1

      Which GPL license violations are Apple and Microsoft alleged to be guilty of?

      Well, that's easy:

      Apple- None, they're good guys now
      MS- All of them, they're the bad guys.

      Please pay more attention.

      --
      LilMikey.com... I'll stop doing it when you sto
    4. Re:Court? by dmaxwell · · Score: 1

      In the case of SFS, MS did a textbook job of complying with the GPL. They didn't automagically infect everything from Windows to Office in the process either.

  6. Later that same day by jaymzter · · Score: 5, Funny

    GPLviolations.org was served with a patent infringement suit from the BSA

    --
    If thou see a fair woman pay court to her, for thus thou wilt obtain love
    1. Re:Later that same day by Rude+Turnip · · Score: 5, Interesting

      That gives me an idea...what if a bunch of GPL authors got together and formed a non-profit whose sole purpose was to become a member of the BSA? If armed federal marshalls busting down your door won't make you comply with the GPL, then nothing will!

    2. Re:Later that same day by Saeed+al-Sahaf · · Score: 4, Insightful
      That gives me an idea...what if a bunch of GPL authors got together and formed a non-profit whose sole purpose was to become a member of the BSA? If armed federal marshalls busting down your door won't make you comply with the GPL, then nothing will!

      This is the most sensible thing I've seen written on this subject thus far. It's a good point: WHY does FOSS not have representation in the BSA?

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    3. Re:Later that same day by LordNimon · · Score: 1

      Probably because it costs too much money to join the BSA.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    4. Re:Later that same day by antiMStroll · · Score: 2, Informative

      Because the BSA hounds users, not developers. Everyone is free to use GPL'd software.

    5. Re:Later that same day by Saeed+al-Sahaf · · Score: 5, Insightful
      Because the BSA hounds users, not developers.

      The BSA hounds whoever it's masters tell it to hound.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    6. Re:Later that same day by big_gibbon · · Score: 5, Funny

      I'm UK based, so had to google for BSA

      It took a good couple of seconds to work out that the Boy Scouts Association of America was unlikely to have armed marshalls . . .

      P

    7. Re:Later that same day by shark72 · · Score: 1

      "This is the most sensible thing I've seen written on this subject thus far. It's a good point: WHY does FOSS not have representation in the BSA?"

      The BSA relies on fees from its members to cover their costs. Looking at the membership roster of the BSA, it's my guess that the membership fees are quite dear. FOSS may simply not have the money; or if they do, they may find that it's much better served elsewhere.

      --
      Sitting in my day care, the art is decopainted.
    8. Re:Later that same day by mpe · · Score: 1

      It took a good couple of seconds to work out that the Boy Scouts Association of America was unlikely to have armed marshalls

      It means "Business Software Alliance". Though "Birmingham Small Arms" might also fit :)

    9. Re:Later that same day by Anonymous Coward · · Score: 0

      I dunno, you give some kids fire and pocketknives and survival training and they'd have those armed marshals on the run.

    10. Re:Later that same day by ceeam · · Score: 0

      Or they can form GNAA - GNU is Not Association of America, huh? [...] WAIT A MINUTE! What is that acronym doing here?!

    11. Re:Later that same day by SuiteSisterMary · · Score: 3, Funny

      Only in wartime.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    12. Re:Later that same day by southpolesammy · · Score: 1

      The story the BSA would probably tell you is that it's probably an ROI problem. BSA would not likely take on members who wouldn't stand to gain from their membership through the education and advocacy of unlicensed use of software, not to mention to recuperation of revenues from violators.

      Behind the scenes though, it's more likely that this is a good ole boys club bent on ensuring the for-profit business model of software distribution. Since FOSS does not live by these tenets, it's unlikely they'd be accepted as a member.

      --
      Rule #1 -- Politics always trumps technology.
    13. Re:Later that same day by Jacco+de+Leeuw · · Score: 1

      I looked at the membership list for my country (NL) and except for some big companies such as Microsoft, Apple and Adobe, I saw a handful of very small local companies. I had never heard of them anyway. One of these companies even had its own domain registration expired and it had been scooped up by a domain squatter...

      --
      -------
      Warning: Slashdot may contain traces of nuts.
    14. Re:Later that same day by thirteenVA · · Score: 1

      In soviet russia you hound hounds, hounds don't hound you.

    15. Re:Later that same day by Anonymous Coward · · Score: 0

      And the da do ron ron rons the do ron ron

    16. Re:Later that same day by eddy · · Score: 1

      Some of the same reasons that Jews don't join Neo-Nazi organizations simply because they're efficient.

      --
      Belief is the currency of delusion.
    17. Re:Later that same day by Tim+C · · Score: 1

      Well, the "B" stands for "Business" - perhaps you have to be a business to join?

      That said, why the hell isn't RedHat or someone a member? For that matter, surely IBM already is...

    18. Re:Later that same day by Elwood+P+Dowd · · Score: 1

      I'd love it if they'd knock down some doors at Maui X-Stream. Unfortunately, that's probably what it will take.

      --

      There are no trails. There are no trees out here.
    19. Re:Later that same day by antiMStroll · · Score: 1

      Are there examples other than end users?

    20. Re:Later that same day by Anonymous Coward · · Score: 0

      > I'm UK based, so had to google for BSA

      Curious, as I seem to recall a motorcycle company in the UK named BSA....

      And you didn't try for THAT funny....

    21. Re:Later that same day by Ride-My-Rocket · · Score: 1

      the Boy Scouts Association of America was unlikely to have armed marshalls...

      Well, _somebody_ has been making sure homosexuals aren't allowed into the Boy Scounts....

    22. Re:Later that same day by poot_rootbeer · · Score: 1

      It's a good point: WHY does FOSS not have representation in the BSA?

      Because they're Not Evil?

    23. Re:Later that same day by Anonymous Coward · · Score: 0

      "WHY does FOSS not have representation in the BSA?"

      3. Profit!

    24. Re:Later that same day by real+gumby · · Score: 1
      the Boy Scouts Association of America was unlikely to have armed marshalls
      Maybe not the American scouts which have watered down things over the years, but surely any of the Commonwealth countries whose scouting remains faithful to Baden-Powell's original vision should be able to muster a brigade or two of 14-year-old armed marshalls....
    25. Re:Later that same day by HD+Webdev · · Score: 1

      It took a good couple of seconds to work out that the Boy Scouts Association of America was unlikely to have armed marshalls . . .

      There are indeed BSA Armed w/Marshmellows (flaming hot, it's not fun to be on the other end of one of those suckers!)

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    26. Re:Later that same day by robyannetta · · Score: 1
      WHY does FOSS not have representation in the BSA?

      Because FOSS dosen't have the deep pockets that Microsoft has.

      --
      - Just my $0.02, take with a grain of salt, your mileage may vary.
    27. Re:Later that same day by javaxman · · Score: 1
      Because the BSA hounds users, not developers. Everyone is free to use GPL'd software.

      Really?? So if you had a commercial software library, and found a bunch of developers using it without a license, the BSA wouldn't help you??

      Somehow I doubt that's actually the case. Of course, I also doubt you or I could get the BSA to do our bidding, unless you happen to have a large stack of cash...

    28. Re:Later that same day by Anonymous Coward · · Score: 0

      Isn't it rather likely that the infringing parties will be other BSA members?

    29. Re:Later that same day by Feztaa · · Score: 1

      Funny, all this time I thought it was the Bengali Students Association

  7. so would GPL by coolcold · · Score: 1

    end up being one big company later having all "legal department" to enforce GPL and IP issues as well as defending them?

    --
    I am harvesting funny/good quotes. Please help by putting them in your sigs :)
    1. Re:so would GPL by Anonymous Coward · · Score: 0

      end up being one big company later having all "legal department" to enforce GPL and IP issues as well as defending them?

      I don't know. Maybe if you try re-phrasing your question in English someone will be able to help you?

  8. Perhaps by Anonymous Coward · · Score: 1, Funny

    They could tell the Motorola people that their fathers were hamsters, and their mothers smelled of elderberries?

    Then fart in their general direction?

    1. Re:Perhaps by networkBoy · · Score: 5, Interesting

      Actually, many of these companies (as a Corp) may not know about the violations. As soon as the letter gets to legal the practice will stop.
      I work in a very large Semiconductor manufacturer and we have the policy that all uses of OSS _MUST_ be reviewed by legal before proceeding. It's a simple matter really. If you don't ask legal and you screw up then you are disciplined up to and including termination, depending on the infraction and whether or not you should have known better. I look to OSS often to see how something is done. If I like how it's been done I ask legal, usually they say no and I go code it myself and then find that I did it some obscure way that doesn't weork as good.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:Perhaps by Anonymous Coward · · Score: 0

      While some companies may not know of their violations, there are far more who simply do not care, and have violated more than just the GPL. One such company is AOpen, who violates many ethical practices; including having authorized resellers who commit fraud, refusing to compensate for the actions of these resellers, one of whom is being sued by the State of California Better Business Bureau for fraud and theft,InternetIshop.com. I have had dealings with AOpen on these matters, I have spoken with their corporate office, I have had their own authorized resellers attempt to work with them, all to be ignored and cast aside.

      Even if companies like this are made aware of their violations their is a history of action indicating they will ignore their ramifications.

    3. Re:Perhaps by cortana · · Score: 1

      Maybe it's harsh to say this, but anyone buying something from a site with a name like INTERNETSHOP.COM deserves what they get. It's even worse than dealing with a company in the .info or .biz domains! ;)

    4. Re:Perhaps by Anonymous Coward · · Score: 0

      Wow! You mean you can spot a crook simply by reading his domain name? You're good, the FBI would like to hire you to solve all crimes in the world.

      So a well known domain name, lets say for a renowned bank, is to be trusted with your most sensitive data, right? Noooooo, they would never fuck you in the ass, noooo like that's never happened before.

    5. Re:Perhaps by kcb93x · · Score: 1

      So just because I have a .biz domain, you wouldn't trust my site? (I realize I don't have anything to "buy" per se on my site, but you get the point)

      I picked .biz because .com and .net were taken, and .org didn't fit my business (I'm not a non-profit)

      So .com and .net are the only legitimate ones?

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    6. Re:Perhaps by cortana · · Score: 1, Insightful

      I'm taking some flack for this. Obviously being in one of the older TLDs like .net and .org is not a seal of approval. It doesn't give me any reason to bestow trust on a site. But being in .biz or .info increases a site's score in my internal bullshit filter. It makes me more suspicious of that site.

      Part of it is because I think these extra domains are a pointless pollution of the DNS namespace. Part of it is because IME, these domains are mostly inhabited by peddlars of penis extensions, fake Rolex watches and generic Viagra.

    7. Re:Perhaps by Anonymous Coward · · Score: 0

      I look to OSS often to see how something is done. ... and I go code it myself ...

      IANAL, but after you view GPL code, any code you have direct involvement with that performs the same functionality, can be considered tainted with GPL'd code. However this is hard to prove, but if a company or group gets a hold of physical proof(ie. email / phone conversation) that you viewed similiar GPL code, before writing your code, then your company is liable for GPL violations.

      If I were you I would make sure not to admit to anyone at your company that you have done this, or they will technically be required to remove the tainted code no matter how much it differs from the GPL version.

  9. Re:Sigh by Enigma_Man · · Score: 0

    Information wants to be free unless you're somebody we don't like.

    Or unless you're somebody who takes code and doesn't follow the rules that the code was released under, or at least give credit where credit is due.

    -Jesse

    --
    Nothing says "unprofessional job" like wrinkles in your duct tape.
  10. google by Anonymous Coward · · Score: 0, Flamebait

    Google has been doing this since they have been selling their packaged search. Kernel modifications and various other patches in their search boxes. It seems like the "OSS" community only wants to see what they want to see.

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

      It's not a GPL violation is if you don't distribute it, dumb ass.

    2. Re:google by DaHat · · Score: 1

      I think you missed the parents point, the Google search appliance, a product they are distributing. The Q he is raising is if it is Linux based and if they applied any custom patches to any GPLed software within.

  11. Seems to be working though. by hot_Karls_bad_cavern · · Score: 4, Informative

    FTFA:

    Since more than one year, the gpl-violations.org project tries to bring vendors who use GPL licensed software in their products into license compliance. To achieve this goal, it uses a number of measures, ranging from warning letters over public documentation of GPL violations, up to legal proceedings. In this year, the project managed to conclude more than 25 amicable agreements, two preliminary injunctions and one court order.

    Sounds like some folks are paying attention to this guy.

  12. Re:Sigh by PhilHibbs · · Score: 1

    Yes, information wants to be free, and this guy seems to be helping to keep it free, and prevent it (i.e. information-processing logic that is based on someone else's IP that released it under the GPL) from being locked away inside closed-source products. What's your problem?

  13. Civil Procedure by Anita+Coney · · Score: 1

    Giving a legal letter to some booth lackey at a convention is NOT how you get a company's attention. Send it to the CEO, the resident agent, the law department, heck ANYONE who won't simply throw it away.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Civil Procedure by Rakshasa+Taisab · · Score: 1

      Yes, it's not like getting on the front page of /. gets anyone's attention.

      --
      - These characters were randomly selected.
    2. Re:Civil Procedure by Anonymous Coward · · Score: 0

      We prefer the label "Booth Jockey"

    3. Re:Civil Procedure by ceejayoz · · Score: 1

      Perhaps the poster should have specified that you need useful attention.

    4. Re:Civil Procedure by ElvenMonkey · · Score: 1

      Perhaps the poster should have specified that you need useful attention.

      Instead of ending up with a massive additional bandwidth costs as a million or so slashdot readers flock to your website?

      --
      "Joy is not in things; it is in us." Richard Wagner
    5. Re:Civil Procedure by Reziac · · Score: 1

      Depending on what they're doing, the law might require it be served in person. It's a lot cheaper to do it this way, than to hire a marshall to serve some CEO in another state.

      That said, I'm not sure serving a booth lackey is sufficiently high on the chain to count.

      Is there a lawyer in the house? :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  14. No teeth by Tony+Hoyle · · Score: 2, Insightful

    They can't do anything but send letters.

    They have no standing - only the copyright holders have this, and if they don't do anything then nothing will happen.

    They might be able to whip slashdot into a frenzy though.. maybe that's all that it's all about?

    1. Re:No teeth by gl4ss · · Score: 1

      actually they do have teeth.

      they've gotten some injuctions, iirc(seems slashdottted can't confirm).

      gpl sort of gives teeth to even those who are not the original writer.

      --
      world was created 5 seconds before this post as it is.
    2. Re:No teeth by why-lurk · · Score: 5, Informative

      If you RTFA, you would see that Harald Welte is a developer and copyright holder of netfilter, which is used in a number of commercial firewall products. He also has license to prosecute the copyrights of some other developers.

      So yes, he has standing to both warn and sue the companies he has given notice to (as well as the companies that have settled with gpl-violations.org).

      --kirby

    3. Re:No teeth by Meagermanx · · Score: 1

      How 'bout someone just posts their websites and the email addresses of all their CEOs or whatever, so they can feel the pain of a good Slashdotting, and the agony of four thousand "f111r57 posss7!!! LoooLL~~~!1!"
      That would teach 'em...

    4. Re:No teeth by Saeed+al-Sahaf · · Score: 0
      they've gotten some injuctions, iirc(seems slashdottted can't confirm).

      IANAL, but how can you get an injunction when you have no standing? They are NOT the GPL copyright holder for these things, unless the are legitimately acting as the copyright holder's agent, than they are full of shit and using scare tactics. No better than the BSA.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    5. Re:No teeth by Monkelectric · · Score: 1
      If you own a product that you *SHOULD* have been distributed the code to, you have legal rights regarding that code as given to you by the GPL.

      So they may have to purchase the product in question? Although that may not even be necessary as they can argue they are seeking the code for the public good, which is exactly what they are doing IMHO.

      --

      Religion is a gateway psychosis. -- Dave Foley

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


      If you own a product that you *SHOULD* have been distributed the code to, you have legal rights regarding that code as given to you by the GPL.


      Well yeah, but how do you know that the copyright holder of the GPL software hasn't come to an agreement with the company doing a binary only distribution to allow them to do just that and they just don't think it is anyon else's damn business.

      If the copright holder doesn't complain, no one has the standing to complain.

    7. Re:No teeth by oneandoneis2 · · Score: 2, Insightful
      They have no standing - only the copyright holders have this, and if they don't do anything then nothing will happen.

      When it comes to GPL'd software, who IS the copyright holder?

      Sure, one person starts the code. But when other people submit patches, improvements, branch the code, etc, etc. . . are they ALL copyright holders? If somebody, for instance, ripped off the Linux kernel, would only Linus Torvalds be eligible to sue, or would every single developer who'd submitted code to it be able to start up a suit?

      Just curious. . .

      --
      So.. it has come to this
    8. Re:No teeth by Saeed+al-Sahaf · · Score: 1
      If the copright holder doesn't complain, no one has the standing to complain.

      Exactly. No one has the right to represent my interests without my consent.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    9. Re:No teeth by pyros · · Score: 0
      Although that may not even be necessary as they can argue they are seeking the code for the public good, which is exactly what they are doing IMHO.

      But the code doesn't have to be distributed publically under the GPL. It only has to be distributed to those to whom the product was distributed.

    10. Re:No teeth by inode_buddha · · Score: 1

      They have plenty of standing if the code author assigned copyright to the Free Software Foundation, which employs its lawyers for just this purpose. Harald Welte's own case against Linksys was similar (they had snarfed iptables for their wireless routers).

      --
      C|N>K
    11. Re:No teeth by drakaan · · Score: 1
      So you either have to track every download (have your files on sourceforge mirrors? good luck with that), or distribute it publicly.

      I salute your pedantry, though.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    12. Re:No teeth by fsmunoz · · Score: 2, Informative

      When it comes to GPL'd software, who IS the copyright holder? Sure, one person starts the code. But when other people submit patches, improvements, branch the code, etc, etc. . . are they ALL copyright holders? If somebody, for instance, ripped off the Linux kernel, would only Linus Torvalds be eligible to sue, or would every single developer who'd submitted code to it be able to start up a suit?

      Yes, they are all the copyright holders, and this makes it more difficult in case of GPL infrigement. This is why as a general rule in GNU projects developers assign the copyright to the FSF, since having only one copyright holder simplifies things.

    13. Re:No teeth by CrimsonAvenger · · Score: 1
      When it comes to GPL'd software, who IS the copyright holder?

      Sure, one person starts the code. But when other people submit patches, improvements, branch the code, etc, etc. . . are they ALL copyright holders?

      In a word, yes. See Title 17:

      (a) Initial Ownership.-- Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    14. Re:No teeth by pyros · · Score: 0
      So you either have to track every download (have your files on sourceforge mirrors? good luck with that), or distribute it publicly.

      And what about distributors who don't offer anonymous downloads for free? What if the product in question is only available in retail outlets? That's perfectly acceptable under the GPL as long as people who bought the product can get the source mailed to them for only the cost of the media and the shipping.

      Linksys would have been well within their rights under the GPL to have said the source for the code on the WRT54G would only be made available to those who actually have one of the routers (proof-of-purchase off the box, itemized receipt, register the S/N, etc).

    15. Re:No teeth by rilian4 · · Score: 1
      They have no standing - only the copyright holders have this
      According to this website, this guy is one of the copyright holders to the linux kernel. I thought Linus Torvalds was the sole copyright holder to the linux kernel....if this guy is one of the copyright holders to the kernel, that gives him plenty of standing..
      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    16. Re:No teeth by mindstrm · · Score: 2, Insightful

      Let's be clear. The GPL does not confuse the issue at all.. it's just another license.

      All authors who contributed a significant enough piece would be copyright holders. What constitutes 'significant' would be one for the lawyers, but a small bugfix or one-liner doesn't necessarily let you have a claim to copyright.

      Many projects require copyright of submitted work to be assigned to the original copyright holder.

      The GPL doesn't do anything to assign or negate copyright in any way, it just passes on some rights that would normally be restricted to just the copyright holder.

      The linux kernel does not have a policy of rights assignment I don't believe, but any author who's work is being used without license would be able to sue.

      "GPL violation" is a bit of a misnomer. A company distributing code that is available under the GPL without following the terms of hte gpl is simply distributing code without license to do so. The copyright author can say "Who gave you permission to distribute my code?". The answer is either "The GPL it was distributed under" if they are following it, or "Nobody", in which case it's lawyer time.

    17. Re:No teeth by DavidTC · · Score: 1
      No one is representing anyone. These letters are to notify companies distributing GPL software that they are, in fact, distributing GPL software, and under the GPL there are certain things they have to do, unless they have some other agreement with the copyright holder.

      It's no more worrying than me walking up to someone painting a mural with Mickey Mouse on it and going 'You know, you need permission from Disney to do that.'. It's not 'representation' of Disney, it's simply a statement of fact.

      And I think you're making quite a leap to assume they don't contact at least one copyright holder of each product to make sure there isn't an independent agreement already in place. I don't see anything to support that.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    18. Re:No teeth by DavidTC · · Score: 1
      It's not that simple. There is a certain amount of work require to hold a copyright. Changing a single line of code probably does not give you copyright ownership in the finished product.

      No one's quite sure what the lower limit is, though. Rule of thumb is four lines before you can be considered to have any copyright at all.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    19. Re:No teeth by CrimsonAvenger · · Score: 1
      It's not that simple. There is a certain amount of work require to hold a copyright.

      Indeed? Funny, Title 17 (the Copyright Act) doesn't mention a lower limit on copyrightability (no, it's not a word. I hope) of a given bit of text. The single line of your's that I quoted was Copyrighted, under US Law (back in the 50's, it would not have been, but things have changed), by you. I use it here under "Fair Use" (which is specified in Title 17, so don't believe people who say that Fair Use is not a matter of law).

      Note that "changing a single line of code" may be more properly considered a "derivative work", which gives you Copyright only over the changed lines, not the original work it is based on.

      Note further that the difference between a "derivative work" and a "joint work" leaves a certain amount of room for interpretation. Especially since a work can be both. Linux likely qualifies as both. Most of the time.

      Insofar as Linux is concerned, any given version is a derivative work of the previous version(s) (as applicable), and a joint work of all the contributors of that particular version.

      Which would give all contributors to a given version Copyright of (a) their individual contributions, and (b) partial ownership of the collective Copyright for the version.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    20. Re:No teeth by DavidTC · · Score: 1
      There is a lower limit on copyrightability, and it's 'The work must be long enough to be creative'. The reason that you can't copyright one line of code is obvious:

      17 1 102 (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

      Almost all single lines of software are doing a single process. You cannot protect that process, and the expression of that process is defined by the rules of grammar. All you can copyright in software is the expression of how you put things together, you can't copyright 'char *str;'. (Yes, yes, you can string a bunch of things on a single line, but the idea that copyright would somehow care about where you put carriage returns is a bit silly. You can't copyright a single 'item' of code, however it's laid out.)

      As for several lines of code, like I said, it's fuzzy. It depends on how creative the orignal was. A for() loop that merely went through an array and exited when it found a non-empty item wouldn't be that creative at all.

      WRT to software, the 'rules' are all scrambled. Copyright infringement is proven using something that isn't, in fact, subject, to copyright...things like variable and function names. It's perfectly legal to copy someone's function name and all their variables. It's not legal to take how they expressed doing the function and use that same expression, even if your syntax is completely different and all the names differ.

      I.e, something that's copyrightable in software would be, say, Duff's Device, or doing while(1) around your entire program. (Assuming you managed to think of those yourself.) Not Hello World, which has the 'creativity' of 'start program, output text, exit'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    21. Re:No teeth by Anonymous Coward · · Score: 0
      Indeed? Funny, Title 17 (the Copyright Act) doesn't mention a lower limit on copyrightability (no, it's not a word. I hope) of a given bit of text.
      Chapter 1, section 102 b:
      In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

      Certain trivial patches just communicate an idea (like changing = to ==, or adding a bounds-check), and you likely wouldn't hold any copyright to the derivative work if your patch was applied. Especially if it's just the obvious solution to a problem.

      "Four lines" isn't part of the law, it's just a rule of thumb people might use to determine if a patch is an idea or a creative work. It doesn't always apply (for example, Perl one-liners are often pretty creative).

      In any case, there are hundreds, maybe thousands of people with valid copyright claims on Linux kernel code.
    22. Re:No teeth by m50d · · Score: 1

      Yes they are. Every single one. Thats why that guy who wanted to buy a BSD copy of linux needed everyone's agreement. It's also why changing license is so hard for GPL projects, so when they do change often a lot of stuff has to be rewritten because the developer who owns the copyright to it can't be found. Although the FSF has argued it makes it harder for them to sue, because everyone would have a separate clame on linux. (The FSF makes contributors assign them copyright; if someone rips off GCC then they can do the whole suit themselves).

      --
      I am trolling
    23. Re:No teeth by drakaan · · Score: 1
      And what about distributors who don't offer anonymous downloads for free? What if the product in question is only available in retail outlets? That's perfectly acceptable under the GPL as long as people who bought the product can get the source mailed to them for only the cost of the media and the shipping.

      Linksys would have been well within their rights under the GPL to have said the source for the code on the WRT54G would only be made available to those who actually have one of the routers (proof-of-purchase off the box, itemized receipt, register the S/N, etc).

      I'm not sure that's correct. There are a number of different conditions in the GPL. The one covering modification says (sec 2b)

      "You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License."

      It doesn't say that applies to all of *your* licensees, it says that aplpies to all third parties, which would be everyone who isn't either you, your company, or the author/copyright holder of the original work. So, you don't get to pick and choose who gets to use it.

      As for distribution, the GPL says (sec 3):

      "3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      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; or,

      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      So, section 3b says that anyone at (all third parties...not just people who bought a router) all can get the source code for no more than the cost of burning it to CD and mailing it, or the cost of the bandwidth needed to download it.

      Your first paragraph was pretty much correct, but your second one missed the mark, I think.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    24. Re:No teeth by bluGill · · Score: 1

      Read the article. They are copyright holders for parts of linux. The guy doing this wrote parts of linux, and is enforcing his copyright. He is also agent for a few other developers so he can represent them. He doesn't represent all developers though, so in theory someone could find what parts of linux he and the people he is agent for wrote, and remove them. They would still violate the GPL, be he has no standing to sue. (though courts would look on it as willful infringement if anyone else decided to sue, so this is a bad idea in general)

  15. all negative by fr1kk · · Score: 5, Insightful

    Is all the feedback going to be negative? Everything has to start somewhere, and frankly I applaud the efforts of this guy to at least start enforcing a license that many companies do not take seriousley. If nothing else, it brings to light the face that many legit companies in fact do not care to honor the GPL, but benefit from the software that is covered by it.

    --
    sig: Playfully doing something difficult, whether useful or not
    1. Re:all negative by alfboggis · · Score: 1
      I know my company (one of the larger telecomms firms) takes it very seriously. All developers have had to attend seminars on the implications of FOSS licenses. And the legal department are currently very busy auditing every bit of software we might want to install to check that its license is compatible with the company's policies.

      I've heard team leaders say things like "We could lose all our intellectual property" if the company is in violation.

    2. Re:all negative by ajs · · Score: 2, Insightful

      If goal is to enforce licensing, then handing flyers to booth-babes isn't the way to go about it.

      Score 0 for the geeks :-/

    3. Re:all negative by Anonymous Coward · · Score: 0

      If goal is to enforce licensing, then handing flyers to booth-babes isn't the way to go about it.

      No. Getting the accusations out in the newsmedia is exactly the way to do it. Pestering them at their booth, in front of a dozen technology reporters boredely looking for a more substantial story than reprinting product announcements... that's a fine tactic.

  16. Mirror link by Anonymous Coward · · Score: 5, Informative

    Since it looks like GPL violator's website is down, here's a mirror:
    http://mirrordot.org/stories/c00f3d2fd6588c34ae25f f3409b0475e/index.html

    1. Re:Mirror link by millette · · Score: 1

      I generally mirror with Coral (notice the .nyud.net:8090 in that url?), but then, I'm lazy.

  17. What do the GPL thugs look like? by British · · Score: 4, Funny

    Let me guess.

    1.2-300 pounds
    2.black duster or trenchcoat
    3.t-shirt with either Star Wars or some free 4.computer-related shirt acquired from a trade show
    5.big beard. Mandatory
    5.telltale fedora
    6.2 cellphones on belt pocket. One might be a Treo.
    7.Lifetime membership to RenFair

    You don't want to mess with these guys. :)

    1. Re:What do the GPL thugs look like? by hsmith · · Score: 4, Funny

      They run up to the booth yelling "lightning bolt lightning bolt lightning bolt lightning bolt lightning bolt"

    2. Re:What do the GPL thugs look like? by pete-classic · · Score: 4, Funny

      If you weren't a poser you would have said "magic missle".

      -Peter

    3. Re:What do the GPL thugs look like? by Anonymous Coward · · Score: 0


      He's just a trendy blog reader.

      Last week, a remix of this two-year old video hit.

    4. Re:What do the GPL thugs look like? by DeathFlame · · Score: 5, Funny

      I belive thats really only good for attacking "the darkness"

    5. Re:What do the GPL thugs look like? by Fr05t · · Score: 1

      Hey I think I've seen one of these thugs you speak of - here

    6. Re:What do the GPL thugs look like? by Anonymous Coward · · Score: 0

      Like Silent Bob, with a beard?

    7. Re:What do the GPL thugs look like? by The_Wilschon · · Score: 1

      1.2-300 pounds

      Good Lord! I should hope they weigh more than (-298.8) pounds... Although they might be useful for building an antigravity machine in that case.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    8. Re:What do the GPL thugs look like? by The+Darkness · · Score: 5, Funny
      I belive thats really only good for attacking "the darkness"

      What did I ever do to you?

      --
      There are two kinds of people: 1) those that need closure
    9. Re:What do the GPL thugs look like? by xenocide2 · · Score: 1

      This appears to be confirmed by the gpl-violations lead Harald Welte's screen name: LaForge.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    10. Re:What do the GPL thugs look like? by forgetful_ca · · Score: 1

      Sorry, you detected as chaotic evil.

    11. Re:What do the GPL thugs look like? by Tired+and+Emotional · · Score: 1
      Oh I don't know. I think they would wear a grey duster and play the harmonica.

      What's Renfair? Is there also a StimpyFair?

      --
      Squirrel!
    12. Re:What do the GPL thugs look like? by Spunk · · Score: 1

      /me slaps British around a few times

      You must be drunk to count like that. Snap out of it!

    13. Re:What do the GPL thugs look like? by bbc · · Score: 1

      And when they walk up to the sales droid of the infringing party to mash him up a little, they get confused when he tells them he's had sex within the last year. With a real woman, too!

    14. Re:What do the GPL thugs look like? by The+Lightness · · Score: 2, Funny

      What did I ever do to you?

      You never let me hang out with you.

    15. Re:What do the GPL thugs look like? by Anonymous Coward · · Score: 0
    16. Re:What do the GPL thugs look like? by Netsnipe · · Score: 1
      The Darkness wrote:
      > What did I ever do to you?

      <falsetto>
      Touching you, touching me
      touching you, god you're touching me.
      </falsetto>

      That's what you're doing.

      --
      -- "I can't tell the future, I just work there." -- The Doctor
  18. from the neither-rain-nor-snow-nor-hail-nor... by Anonymous Coward · · Score: 0

    Neither means one or the other. You can't include three things.

    1. Re:from the neither-rain-nor-snow-nor-hail-nor... by dtfinch · · Score: 1

      Sure they can. They just did.

    2. Re:from the neither-rain-nor-snow-nor-hail-nor... by Anonymous Coward · · Score: 0

      This is the new slashdot dictionary brother, where stealing can only be physical objects, and neither can be redefined to include a compound predicate.

      join the revolution.

  19. Let me get this straight by smooth+wombat · · Score: 0

    There is an umbrella organization who doesn't own the products in question but is sending letters to people it claims is infringing on the use of said products and is threatening to take legal action.

    Why does this sound so familiar?

    * To see some of the stories you've been missing, see my Journal *

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    1. Re:Let me get this straight by tglx · · Score: 2, Interesting

      Harald Welte is one of the netfilter guys. Look into MAINTAINERS and CREDITS.
      He owns the stuff and he knows what he is talking about. The netfilter team also accomplished the first acknowledgement of the GPL in a court in Europe.

      tglx

    2. Re:Let me get this straight by Anonymous Coward · · Score: 1, Insightful

      "Why does this sound so familiar?"

      Because it's wrong, and it's on Slashdot?

      If you had RTFA, you might have noticed that the *author* of the code is the one sending the letters.

    3. Re:Let me get this straight by slavemowgli · · Score: 1

      The person behind this effort *is* a contributor to the Linux kernel at least, though, so I don't see what's wrong with him warning vendors about violations of the GPL when it comes to using the Linux kernel. Not all of the code is his, of course, but some of it is, so why shouldn't he be allowed to tell them to stop it, and why shouldn't he threaten to take legal actions if they continue to violate HIS copyrights?

      --
      quidquid latine dictum sit altum videtur.
    4. Re:Let me get this straight by Anonymous Coward · · Score: 0

      So then people shouldn't have any problem with the BSA/RIAA/MPAA/etc going afer copy right infringers, am I right?

  20. Wait by northcat · · Score: 4, Insightful

    Before making nonsense, worthless comment, wait till the site gets unslashdotted and READ it. Most of you question might be answered there. Many other questions being asked are just stupid or have obvious answers. Like, how can you prove that the violaters are indeed using GPLed software. Many of the violaters are openly using GPLed software. Like using the Linux kernel. And then some question are very silly/small minded. Please.

    1. Re:Wait by mvizos · · Score: 4, Funny

      Whoa Whoa Whoa...You know you're on slashdot, right? And yet you expect people wait to read an article before commenting? WTF. Again, I state, this is slashdot. People don't read. The ones that DO read DON'T comprehend. It's just pretty characters on the screen.

    2. Re:Wait by DemENtoR · · Score: 1

      Or ugly characters, if your using a distro without a recent Xft and freetype.

    3. Re:Wait by slavemowgli · · Score: 1

      There is a grain of truth in that, but a big part of the problem (the problem that people don't RTFA before posting, that is) is that more often than not, sites linked to are so slashdotted that you simply can't RTFA even if you want to. There's mirrordot, of course, yes, and also Google's cache etc., but not much is gonna change about all this while you still have to check those manually.

      --
      quidquid latine dictum sit altum videtur.
    4. Re:Wait by swillden · · Score: 2, Insightful

      a big part of the problem (the problem that people don't RTFA before posting, that is)

      The bigger problem is that young geeks tend to assume that everyone other than them is stupid. A more sensible person who is unable to read the site might presume to give Mr. Welte the benefit of the doubt, and assume that he is not doing the absolute dumbest thing possible.

      In general, I find that assuming that people are intelligent, and sensible, and have reasonably good reasons for their actions makes me more often right than wrong. Especially if I'm willing to dig a little bit to find out what those reasons are, rather than just assuming that because I wouldn't do what they're doing, they must be stupid/zealots/whatever.

      OTOH, Slashdot would be much less entertaining if things were different. Half the reason I come here is the chuckles I get out of the silly foaming-at-the-mouth rants.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:Wait by drinkypoo · · Score: 1

      In general, I find that assuming that people are intelligent, and sensible, and have reasonably good reasons for their actions makes me more often right than wrong.

      In general, I fins that ssuming that people are intelligent, and sensible, and have reasonably good reasons for their actions leads to disaster. (There is no chance to survive!) I find that the best way is to treat everyone like children with varying levels of precociousness until I discover that they are capable of behaving like adults.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Wait by northcat · · Score: 1

      Oh man, you snatched the words right out of my (non-foaming) mouth.

    7. Re:Wait by Excelsior · · Score: 1

      Every time I take the time to read the article and do some Googling so I can write an informative response, it ends up on page 2 or 3 of the thread. As a result, no moderator ever makes it that far, and it never gets +Informative. So I've gathered that the best way to be moderated +Informative is to not RTFA. It's a /. paradox.

      I guess I could just do what many karma-whores do - Reply to the very first post in the thread even though your comment has absolutely nothing to do with that comment. Yes, that's right, you thought you were clever, but you can't fool me.

    8. Re:Wait by northcat · · Score: 1

      Are you being sarcastic or are you serious?

    9. Re:Wait by drinkypoo · · Score: 1

      I just assume that they have no idea of the difference between what is and is not socially acceptable behavior. I don't start out by patronizing them or anything.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  21. Re:GPL too restrictive by Anonymous Coward · · Score: 1, Funny

    Well, if you WERE a developer, you could get off your duff & do something about it, eh? There are these "little-known" BSD operating systems under your "less-restrictive" licenses. Check them out sometime when you're done with the C in 21 Days book.

  22. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Yup... every time we use something (we develop on Linux) we check the license out. If it's GPL, we either write our own or find something BSD licensed. In the past, libraries that I have had to write from scratch to achieve GPL code functionality, I've released under BSD.

    All those who claim the GPL isn't viral have no idea and/or have never tried to use it on anything that isn't destined to be GPL.

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

    Hense the BSD license.

  24. I'm just waiting... by Deep+Fried+Geekboy · · Score: 4, Funny

    ... for him to serve one to SCO.

    --

    I'm not wrong. You haven't thought about it hard enough.

    1. Re:I'm just waiting... by Anonymous Coward · · Score: 0

      IBM beat them to the punch with Counterclaim 8, no?

    2. Re:I'm just waiting... by pershino · · Score: 1

      Though IBM have a counter-claim covering that one, it would make a perfect class-action suit against SCO, representing the copyright of thousands of developers.

  25. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    "OSS" already has one - see the BSD license.

  26. Re:GPL too restrictive by stevens · · Score: 5, Insightful
    f I was a developer, I'd be very wary around GPL'd code.

    Good thing you're not. We don't need any more ignorant developers.

    Those like me who've read and understand the license, use it to make sure the programs we distribute are not redistributed without source. We *want* that restriction. If you don't like that restriction, feel free to not use the code and go the hell away.

  27. Re:Sigh by Leo+McGarry · · Score: 3, Insightful

    But that's exactly my point, don't you see? That's the contradiction. You guys want everybody else to play by your rules when it comes to computer programs (those rules being fairly complex and confusing, from my point of view), but you have absolutely no desire to play by other people's rules when it comes to things like music and movies.

    And those rules, by contrast, are incredibly simple: Pay for what you take, and don't give people copies. But any time somebody like the RIAA or the MPAA try to enforce those rules, you guys go positively batshit over it.

    That's the contradiction. That's what I'm trying to point out. Hopefully somebody will read this and go, "Huh. I don't know if I agree, but he's got a fair point."

  28. How can they tell? by fitten · · Score: 2, Interesting

    How can they tell that a binary has GPL code in it? I mean, do they use strings or something? If that's it, then it's pretty easy to defeat their GPL detection. Looking at the assembly isn't telling because some simple algorithms will be written the same and produce similar assembly, and optimizations will mangle all that anyway.

    1. Re:How can they tell? by Omnifarious · · Score: 1

      If people worked enough to change all the strings in the code to be different, they'd probably just write their own software and not deal with the hassles.

      What's probably going on in most of these places are lazy engineers using code from the net and not pushing the whole thing through management to get buy-in on using GPL stuff. They aren't going to bother to change all the strings around.

    2. Re:How can they tell? by wertarbyte · · Score: 1

      Yes, they do use strings.If you want to eleminate alle text strings in an applications, you probably can rewrite it (theink of parameter names etc.)

      --
      Life is just nature's way of keeping meat fresh.
    3. Re:How can they tell? by Anonymous Coward · · Score: 0

      Check out some of the exhibits filed by IBM in SCO v. IBM on Groklaw. There was sworn expert testimony offered by someone fairly eminant in the field (name escapes me) on "how you'd check for this." Fairly instructive and detailed.

      This was offered in response to SCO's assertion that "IBM put AIX code into Linux". By the way, the expert found none of SCO's code in Linux...

    4. Re:How can they tell? by Anonymous Coward · · Score: 1, Interesting

      Parameter names don't show up in binaries. The binary doesn't care about those kind of symbols, it just needs to know where on the stack to look for them.

      However, function names and any global variables might be preserved, unless the binary is stipped of such symbols.

    5. Re:How can they tell? by Eivind · · Score: 1
      In most cases it's more like "sloppy infringement" than really "willfull infringement", when the infringement is only due to incompetense and/or inadequate knowledge of the licenses the software is under, it's not usually hidden.

      My Kiss DP-500 divx capable networked dvd-player is really a embedded arm-thingie running linux. You don't have to be a genius to figure this out -- their "firmware upgrades" are offered as iso-files, mounting said iso will show you that it's a pretty standard, if stripped down linux.

      Even with willfull infringement, it can be hard to hide all traces to the fact that your binary is produced from GPLed code. You can try, but I'm not so sure it'd be trivial, and one thing is for sure -- if you do that -- and get discovered anyway, you'll be treated a lot less nicely than in the case where it's a simple oversigth.

    6. Re:How can they tell? by wertarbyte · · Score: 1

      I'n not talking about parameter names, I'm talking about command line arguments. You can't change those without creating much confusion in your new embedded system, another thing would be configurations files and parsers.

      --
      Life is just nature's way of keeping meat fresh.
    7. Re:How can they tell? by m50d · · Score: 1

      Yes, just the strings. It won't catch dedicated malicious infringers. But it catches those who do it by accident, or just thought it didn't matter so didn't bother to distribute the source.

      --
      I am trolling
    8. Re:How can they tell? by dmaxwell · · Score: 1

      "Bug for Bug" behaivor that matches the features can be a large clue. Devs tend to know intimately what their code can and can't do. Chasing out enough of those bugs to not get caught is about as much work as legitimately developing it in the first place.

    9. Re:How can they tell? by Anonymous Coward · · Score: 0

      Oops. My mistake. I suppose words like "parameter" and "arg" are pretty vague.

    10. Re:How can they tell? by fitten · · Score: 1

      What happens if you write code that just works? :)

  29. Won't last by saddino · · Score: 1

    It'll take just one serious error/mallicious report/misidentification to be cause for libel and bring a suit that takes this site right out of commission.

    1. Re:Won't last by Entrope · · Score: 2, Informative

      A private letter to the party involved is not libel. Remarking on indisputable facts[1] is not libel. Publicly claiming somebody infringes your copyright before you have a court ruling generally is libel, but I see no evidence that GPL-Violations.org does that.

      [1]- Examples that are defensible in the US would include "We found strings in Xyzzy Router that almost exactly match strings in our software" or "We believe it is unlikely to produce this machine code without using our code as the source." European law varies, IANAL, get real legal advice if you want to walk close to that line, et al.

  30. Held accountable? When? by Saeed+al-Sahaf · · Score: 2, Insightful

    This is good. I wrote in a previous comment that I thought the GPL had no teeth, if the FSF where the only people looking into GPL violations, because they don't really do a Hell of a lot about violators (sorry, it's a fact), and most FOSS developers don't have the resources to seek a legal solution against violators. None other than Bruce Perens took me to task for this opinion, but I still stand by it: The GPL might as well be a blank sheet of paper for most FOSS developers, what do they intend on doing when some Taiwanese hardware manufacturer embeds their code? Spit a lot? It takes a lot of money, money that few of us have.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:Held accountable? When? by Ioldanach · · Score: 4, Interesting
      what do they intend on doing when some Taiwanese hardware manufacturer embeds their code?

      Get an injunction from having the manufacturer's products distributed in the US, and have the products seized by customs when they enter the country. I.e., direct financial loss.

      Only trick is in detecting what manufacturer is embedding it.

    2. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      The GPL is in NO way special in this regard. All copyrights and licenses require time and money to enforce. The GPL has plenty of teeth when the copyright holder has the legal representation and money to enforce it. Also, the lack of enforcement on one project does not make the GPL toothless for those who DO have the time and money to enforce their copyrights.

      SCO is finding this out the hard way. Several broadband router manufacturers have likewise discovered that the Netfilter guys enforce their licenses. Ditto for a number of commercial GPL copyright holders.

    3. Re:Held accountable? When? by Saeed+al-Sahaf · · Score: 0, Troll

      Chance of happening: 0.000009%

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    4. Re:Held accountable? When? by Evan+Meakyl · · Score: 1

      ... let's see...

      0.000009% = 1 chance on 111111!!! There is a chance! THERE IS A CHANCE!!! Let's do it!

    5. Re:Held accountable? When? by mpe · · Score: 1

      This is good. I wrote in a previous comment that I thought the GPL had no teeth, if the FSF where the only people looking into GPL violations, because they don't really do a Hell of a lot about violators (sorry, it's a fact), and most FOSS developers don't have the resources to seek a legal solution against violators.

      What has this got to do with the GPL. If a copyright holder does not have the resources to go after infringers then what licence they apply to their work(s) is irrelevent.

    6. Re:Held accountable? When? by Anonymous Coward · · Score: 0
      What has this got to do with the GPL. If a copyright holder does not have the resources to go after infringers then what licence they apply to their work(s) is irrelevent.

      What has this got to do with the GPL? It's just meaningless blather from some socialist idiot on Slashdot.

    7. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      Well, obviously you were wrong. I mean, did you *read* the article? If just one organization has settled (or at least challenged) 27 infractions in the past year, you cannot reasonably assert that the GPL has no teeth.

      As was the case with John Carmack and Creative: Creative didn't have to sue John for using "Carmack's Reverse" in Doom 3, all they had to do was *threaten* to sue right before the game was put on store shelves. This translates directly into lost sales for id. Similarly here: if you find someone violating the GPL, all you need is a little money and good timing to convince them the fight simply is not worth it. In most cases, it's not just the cost of the legal case, but also any stop on sales of the product that occurs while the case is worked out.

      In other words, it will almost always cost the company more than it does the FOSS developer. That fact, combined with organizations like gpl-violations and the EFF make it something that most any company should worry about.

      In fact, I work for a *huge* company that writes enormous amounts of software (it has been reported to be well more than Microsoft puts out), and we use OSS in some cases, and obey ALL the restrictions/stipulations in the applicable licenses. Our (quite large) legal department does not agree that there is no "punch" behind the GPL.

    8. Re:Held accountable? When? by WindBourne · · Score: 1

      And you came by that stat how? Every company that has been found to be cheating on the GPL has been forced to remove the code or expose their code. Every company. Not even your beloved MS has as good a track record.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    9. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      Why do you say that? The USA takes a dim view of copyright infringement.

    10. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      You are correct. Look at what little was done in the case of the Virgin WebPlayer.

    11. Re:Held accountable? When? by Animats · · Score: 2, Informative
      Get an injunction from having the manufacturer's products distributed in the US, and have the products seized by customs when they enter the country.

      That's easier than it used to be. The National Intellectual Property Rights coordination Center, a unit of Homeland Security, handles this. There's even an online form.

      Before you can enforce a copyright, you must register it with the Library of Congress. This costs $30. So that's step one.

    12. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      Before you can enforce a copyright, you must register it with the Library of Congress.

      Bzzzzt! Try again.

      http://www.copyright.gov/circs/circ1.html#hsc says you don't have to. Here's the text for those who don't wanna go to the link:

      HOW TO SECURE A COPYRIGHT
      Copyright Secured Automatically upon Creation

      The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

      Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.

      If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

    13. Re:Held accountable? When? by Donny+Smith · · Score: 1

      It's a big hassle...

      Guess what happened to these punks?
      http://lkml.org/lkml/2003/11/29/45
      My guess is nothing.

    14. Re:Held accountable? When? by Ioldanach · · Score: 1

      There's information in another reply to my post that a copyright holder can use to file for copyright and then get the feds involved. Once infringing products have been identified, customs should have no trouble siezing them. It only takes a few seziures before the bulk of companies will realise the GPL is serious and has teeth.

    15. Re:Held accountable? When? by Saeed+al-Sahaf · · Score: 1
      That's easier than it used to be. The National Intellectual Property Rights coordination Center, a unit of Homeland Security, handles this.

      Which begs the question, why are IP rights a Homeland Security issue?

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    16. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      The current admin will do nothing about this, since it is OSS. It has to be a major company before they will do anything.

    17. Re:Held accountable? When? by Saeed+al-Sahaf · · Score: 1
      Every company.REALLY? Are you high on drugs? Or just ignorent?

      http://www.busybox.net/shame.html

      http://www.kiss-technology.com/

      Before you open your trap, open your ears and eyes.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    18. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      No, you just take them to court, you don't have to rely on the FBI raiding them or anything.

    19. Re:Held accountable? When? by Paradise+Pete · · Score: 1
      0.000009% = 1 chance on 111111!!!

      That percent sign is worth a couple of 1s. So that's one in 11111111.

    20. Re:Held accountable? When? by Anonymous Coward · · Score: 0
      Or just ignorent?

      Yeah, that's it. He's, uh, ignorent.

    21. Re:Held accountable? When? by WindBourne · · Score: 1

      Speaking of opening traps, you should simply read what is in this article
      As to the shame page, it would appear that most , of these are being worked out, as the shame page used to be quit a bit larger. And I suspect that many of these will work out. The OSS world does not like to clobber with a hammer, when a nice please will work. As the ones do not change, then fine, the lawsuits will start. And yes, they do happen. But only after all other avenues are exhausted.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    22. Re:Held accountable? When? by ultranova · · Score: 1

      Which begs the question, why are IP rights a Homeland Security issue?

      Because Mickey Mouse belongs to a US corporation, and obviously the rest of the world couldn't live without Mickey Mouse, so as long as the Disney corporation can keep Mickey Mouse as their exclusive property, the US will rule the world.

      This is also the real reason for Mickey Mouse Protection Act(s) (also known as copyright extension). Infinite term of copyright means infinite term of world dictatorship.

      The most effective way of fighting US imperialism is to draw and distribute you own Mickey Mouse comics and cartoons.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    23. Re:Held accountable? When? by Maserati · · Score: 1

      IP rights are not a Homeland Security issue. However, having infringing items seized by Customs is, because the Customs Department is now part of HS.

      Follow Mr. Link above, note that the NIPRCC is part of Immigration & Customs Enforcement, also note the Homeland Security seal in the top left of the page.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    24. Re:Held accountable? When? by bbc · · Score: 1

      "--"Before you can enforce a copyright, you must register it with the Library of Congress."

      Bzzzzt! Try again.
      "

      [snip quote from the copyright office]

      Er, he was talking about enforcing a copyright, which is different from obtaining a copyright.

    25. Re:Held accountable? When? by Anonymous Coward · · Score: 0

      Get an injunction [...]

      Um, OK, how do I do that? Do I need a lawyer? Do I need to do it at the federal level? Do I need to show up at a courthouse? How long does it take before it goes into effect? Does it cost me money?

      See, I don't even know *how* to "get an injunction". It sounds like it takes (at least) time and money, and possibly professional representation and travel for court appearances. This is exactly what the grandparent-post meant by "It takes a lot of money, money that few of us have".

      Only trick is in detecting what manufacturer is embedding it.

      No, for most of us the "trick" would be figuring out wtf I need to do to "get an injunction". Figuring out what device uses what code is relatively easy -- I'm a geek, after all. IANAL!

  31. Re:GPL too restrictive by FLAGGR · · Score: 4, Insightful

    benifits nobody

    Guess what, most companies don't want to give back source code, and its apperant by how many companies are violating the GPL. Having the restrictions the GPL does, it causes the companies to give back, which helps the community. Take PearPC for example. CherryOS has (obviously) ripped the code from them, and claimed that they wrote it all (in a few months or something, by one man, with no programming experience, which is bullshit) Nowadays, PearPC doesn't get many updates, because everytime they do, CherryOS does too. It's dampened the whole thing for the developers. If CherryOS was forced to obey theGPL (which they will eventually, some organization like the EFF or something will take them to court) then this wouldn't happen. Now tell me how limiting restrictions would help this case.

  32. Re:GPL too restrictive by mattyrobinson69 · · Score: 1

    i personally think the GPL is the best license currently available (except maybe the apache type licenses because of their patent clauses).

    the spirit of the gpl is that the code stays open. if you want people to write code for you to sell, use bsd software.

  33. Why isn't KISS sued? by julie-h · · Score: 1

    I think we all remember the MPlayer and libmad case, where KISS stole GPL code, and used it in their DVD recoarders and DVD players.

    Wouldn't this be a good place to start, as KISS doesn't give a f**k about the GPL?

    1. Re:Why isn't KISS sued? by Anonymous Coward · · Score: 0

      I think we all remember the MPlayer and libmad case, where KISS stole GPL code, and used it in their DVD recoarders and DVD players.

      The Mplayer developers (well one of them at least) settled with KISS in return for a donation. Look it up in the Mplayer-devel mailing list archives. Shouln't be too hard to find. Flame retardant underwear recommended.

    2. Re:Why isn't KISS sued? by Anonymous Coward · · Score: 0

      Because Gene Simmons would kick their asses.

    3. Re:Why isn't KISS sued? by Anonymous Coward · · Score: 0

      I'm confused. KISS have downloadable zip files with the source code in question, no? So in what way do they not give a fuck about it? Are there parts that they won't release that are GPL?

    4. Re:Why isn't KISS sued? by julie-h · · Score: 2, Informative

      I don't beleive it. Why settle for only $2500? Well, I hope atleast it is $!

      Anyway, thanks for the tip.

    5. Re:Why isn't KISS sued? by Anonymous Coward · · Score: 0

      What about the DLLs MPlayer has taken without permission? I agree with the KISS case, they suck and MPlayer should get the credit, but gander for the goose, or something, right?

    6. Re:Why isn't KISS sued? by Mantus · · Score: 1

      Well, because they seem to be in compiance with it now.
      Look here
      Notice the part where they offer the code to the GPL software they use.

    7. Re:Why isn't KISS sued? by ISayWeOnlyToBePolite · · Score: 1

      They might have been in compliance at some particular point in time, but now it seems again, that they are not. http://lists.gpl-violations.org/pipermail/legal/20 05-March/000008.html

  34. Re:GPL too restrictive by Homology · · Score: 1
    If I was a developer, I'd be very wary around GPL'd code. I believe the GPL is unnecessarily restrictive, and OSS would be better off without ANY restrictions on use.

    If a company does not want to show their source code, they should use a BSD (or similar) licensed software or quite simply write their own. Some manufacturers of wireless access points would not have been on the recieving end of the GPL stick if they'd used something like OpenBSD with their own drivers.

  35. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Well, the parent will almost certainly be modded down as a troll, but I agree.

    The GPL is far too insular. When you release your code under the GPL you do it only for the good of other GPL users. On the other hand, when you release your code under a BSD-like license, you're doing it for the good of the entire computing field.

    The GPL uses the exact same predatory licensing practices, that /.ers often complain about big corporations using, to try to force the entire industry to do things the FSF's way. This kind of machiavellian restrictive licensing is what we should be trying to get away from.

  36. Even worse: "Seems seem to" by Anonymous Coward · · Score: 0
  37. CherryOS Much? by Anonymous Coward · · Score: 0

    These people should be the next target. Maybe they'll be forced to GPL all that work the Pakistani company did for them.

  38. What about Iomega by nberardi · · Score: 5, Interesting

    I have seen violations at places like Iomega for there NAS drives. It was one of the issues that I brought up durring beta testing. And they said it wasn't an issue that they were using Linux with out releasing the source because their firmware developer for the embeded Linux told them it wasn't a problem and they weren't going to release the source. This little product only costed about 200.00 for network storage, and it has the potential to hit the market like the Linksys WRT54G did with custom firmware.

    If anybody is interested in pursing Iomega about this let me know because I will sign a petition.

    1. Re:What about Iomega by inode_buddha · · Score: 1

      You might want to contact the OSDL Linux Legal Defense dept.

      --
      C|N>K
    2. Re:What about Iomega by oliphaunt · · Score: 2, Insightful
      It's too bad this is happening, but give it some time- evolution will stop them from distributing the product without the source, becuase Iomega is a dead company that just doesn't know it's dead yet. The best thing they could do for their investors is close up shop, fire everyone, and start selling off their assets. I mean, come on, Zip disks? That was a great idea, 10 years ago when CD burners cost $500 and blank CD's were $5 each.

      Now the zip disk format is the storage equivalent of the green-screen VGA monitor. The world has moved on to better things, and Iomega is stuck in 1992.

      --




      Humpty Dumpty was pushed.
    3. Re:What about Iomega by Anonymous Coward · · Score: 0

      FYI, they do make more than Zip disks, and their Zip disks are much higher capacity than they were years ago. They also make other products, like hard drives, CD and DVD burners, and (the product that got this thread started) NAS. (NAS is very different from Zip disks, in case that little tidbit escaped you.)

      OK, they're not as innovative as Apple, but this is like saying "Apple? They're dead. The Mac was a good idea back in 1984 when the 68000 was hot stuff."

  39. Re:Sigh by BenjyD · · Score: 1

    That's a blatant misrepresentation of his point - a straw man. Free-as-in-GPL doesn't mean "do not touch".

    The GPL attempts to ensure that modifications to licensed, distributed, source code remain available to users. Whether that is a worthwhile cause is a matter of opinion; personally, I believe that for community OSS projects, the requirement for companies making modified versions to also make source available is generally good for the project.

  40. Re:GPL too restrictive by FLAGGR · · Score: 1

    Yeah, the freedom to use the code however you want, as long as you let others do the same.

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

    The arbitrary restrictions are FAR from arbitrary.

    It's designed to make sure that someone doesn't take your hard work and tweak it as such to lock you out. The restrictions are for your protection.

    How many people run Darwin? All the BSD license did is let apple steal BSD and call it OSX. How much does apple contribute back? Not enough, considering their record profits this year. Would any of that been possible without OSX?

  42. How can you enforce a non-contract? by daikokatana · · Score: 2, Interesting
    I have actually never understood how this whole GPL stuff works. The bit I find difficult to understand is the whole legal part - how can you enforce your rights? There is no signed contract, hence no agreement.

    My company and I have looked at open source opportunities before, but it's precisely for this reason that we kept away from OS - even though we felt we could use it and contribute to it... Can somebody please explain this to me, or provide me with a clear link?

    --
    http://jcsnippets.atspace.com/ - a collection of Java & C# snippets
    1. Re:How can you enforce a non-contract? by mikeplokta · · Score: 4, Informative

      If the violator doesn't accept the GPL, nothing else gives them the right to use the code -- it's not public domain, it's licensed under a specific license. It's not a matter of contract law, it's copyright law, and no contract is required, any more than New Line Cinema needs to have a contract with you to stop you from selling a remixed version of The Fellowship Of The Ring.

    2. Re:How can you enforce a non-contract? by Anonymous Coward · · Score: 0

      Because, the contract is solely on the side of those that extend it.

      You are under no obligation to agree to this contract.

      You are, however, under agreement to follow national and international copyright laws. As the copyright to the material belongs to someone else, you are at their mercy, but thats where the GPL comes into play -- they say you can use their copyrighted work within a specified way. You don't need a contract to do this -- they are giving you rights. You would, however, need a contract to take someone elses GPL'd work and apply it to a proprietary work.

      So the contract is onesided -- it essentially states they will allow you to use something that you don't technically have any rights to if you follow certain rules. Don't want to follow those rules? Then standard copyright legality takes place.

    3. Re:How can you enforce a non-contract? by Anonymous Coward · · Score: 2, Informative

      ...There is no signed contract, hence no agreement. My company and I have looked at open source opportunities before... ... but somehow failed to actually read the GPL? There's a line there that says something very close to "You are not bound by this, since you did not sign it. However, nothing else gives you the right to distribute this code."

      And that's it. You start out with no right to redistribute the code. None. Then the creator offers you the GPL as a license, which would allow you to redistribute said code. Those are the conditions. If you stick to them, fine. If not, you're redistributing without permission.

      And that's the GPL, and the reason it can't really be tested in court, in the traditional sense. If someone violates the GPL, you charge them with copyright infringement. Now their only defense is to uphold and defend the GPL, otherwise they don't have a license.

      Or that's what I understood.

    4. Re:How can you enforce a non-contract? by MarkGriz · · Score: 1

      I think the point the parent is trying to make is that, copyright *is* law so therefore it is enforceable. The GPL isn't a law, but a set of terms that someone implicitly agrees to when using GPL code.

      What part of the US copyright code allows someone (through the GPL) to impose additional restrictions or grant additional rights to a GPL licensee, beyond what is explicitly specified in the law? Is this simply a matter of saying, in effect, "If you adhere to these terms, all is good. If you don't we'll sue your ass for copyright infringement"

      --
      Beauty is in the eye of the beerholder.
    5. Re:How can you enforce a non-contract? by mikeplokta · · Score: 1

      Code that you have written is your intellectual property. You can put whatever restrictions you want on its use. Anyone who doesn't accept the restrictions can simply choose not to use the code -- which would be the situation they were in if you weren't licensing it at all, so they don't lose anything.

    6. Re:How can you enforce a non-contract? by MarkGriz · · Score: 1

      "You can put whatever restrictions you want on its use"

      And I could write my own license that says "you must chew green gum while writing software incorporating this code". That still doesn't explain how you *enforce* those restrictions.

      Again, is it simply the threat of suing for copyright infringement if you don't adhere to the terms?

      --
      Beauty is in the eye of the beerholder.
    7. Re:How can you enforce a non-contract? by glazou · · Score: 1
      There's a line there that says something very close to "You are not bound by this, since you did not sign it. However, nothing else gives you the right to distribute this code."
      And of course, that line is available in all source packages in all the languages of the world... I remind you that english is not an official language everywhere. Hence a legal null-value of an english-speaking GPL in countries where english is not official. Furthermore, as gnu.org says it, "The reason the FSF does not approve these translations as officially valid is that checking them would be difficult and expensive". So translations of the GPL are not official. Goes direct to /dev/null, from a legal point of view.
    8. Re:How can you enforce a non-contract? by spitzak · · Score: 1

      Sorry, that is bogus. By your argument, public-domain work is illegal.

      The GPL says "you can violate the copyright if you do X". It is not a restriction at all, because if the reciever does not do "X" then they are in the exact same situation as though there was no GPL on the code: they are bound by copyright. So they are not "forced" to do "X".

      Claiming the author of a work cannot put such a "you can violate the copyright if you do this" rule on their work is nonsense. If it was illegal (like you claim) it would be impossible for any creation to be put in the public domain by the author. It would also mean the BSD license would be illegal. It would mean "copying for educational use only" is illegal. It would mean "you can copy this if you pay me a million dollars" is illegal. It just doesn't work that way, except in bizarro land.

    9. Re:How can you enforce a non-contract? by mikeplokta · · Score: 1

      Yes, anyone using your code who breaks your conditions is violating your copyright, as they don't have a valid license, and you can sue them in just the same way as Microsoft can sue someone who is using Windows source code in their products. Only with less money to spend on lawyers.

    10. Re:How can you enforce a non-contract? by MarkGriz · · Score: 1

      "Sorry, that is bogus. By your argument, public-domain work is illegal."

      I was making no such claim or argument. I was simply asking the question (poorly perhaps) "How is the GPL enforceable", which I think has been adequately answered by several others who replied.

      --
      Beauty is in the eye of the beerholder.
    11. Re:How can you enforce a non-contract? by Anonymous Coward · · Score: 0

      "If you adhere to these terms, all is good. If you don't we'll sue your ass for copyright infringement"

      Exactly. "These terms" for commercial software is typically "give us money". "These terms" for the GPL is "give us all your source code". In either case, if you fail to meet the conditions of the license, you are liable for copyright infringement. There's nothing weird or reflective or magical about the GPL. It's just a straightforward license to copy and create derived works.

      Enforcement can be especially a mess when you have to round up two dozen individual contributors, all of whom retain the rights to their fragments of code. This is why the FSF and some OSS projects request that you transfer the copyright to the organization, so there is one single owner that can pursue enforcement if necessary.

    12. Re:How can you enforce a non-contract? by Anonymous Coward · · Score: 0

      There is no signed contract, hence no agreement.

      So we can say the same thing about MS license terms I dont sign anything when I install windows, and we can use MS code whenever and wherever we want?

    13. Re:How can you enforce a non-contract? by drinkypoo · · Score: 1

      I disagree with your argument. Putting something in the public domain means you give up your rights to the copyright entirely. The GPL is a contract allowing you specific rights to copyrighted material provided you comply with its terms. The two are not directly comparable.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    14. Re:How can you enforce a non-contract? by DavidTC · · Score: 1
      As far as I know, you can agree to contracts in any language in any country, except probably France.

      If you don't agree with it, you can use GPL software, you just can't distribute it. So I don't know what your point is.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    15. Re:How can you enforce a non-contract? by swillden · · Score: 1

      The GPL isn't a law, but a set of terms that someone implicitly agrees to when using GPL code.

      Not when using, when distributing or creating derived works.

      What part of the US copyright code allows someone (through the GPL) to impose additional restrictions or grant additional rights to a GPL licensee, beyond what is explicitly specified in the law?

      None. Which is why the GPL does not impose additional restrictions, it merely grants permission to do some (but not all!) things that are normally prohibited by copyright law.

      The key thing to understand is that it is a *limited* grant, meaning that of all the ways you could possibly go about distributing, the GPL specifies the ones that are permitted. And, of course, the permitted modes are carefully selected to make sure that the code stays Free.

      If you read the GPL carefully, you'll note that in no case does the GPL require a distributor to commit to do anything in the future. That's because such a future commitment would require a contract, and the GPL doesn't want to be a contract. Instead, the GPL says "You may distribute the software, but you must accompany it either with the source code or with a written offer to provide the source code for three years". Thus, the GPL does *not* require you to provide the source code for three years, rather it only requires that you provide a written offer to do so. If you provide the offer, you have complied with the terms of the GPL, even if you later choose not to honor the offer that you made. I'm not clear on whether or not someone who got the offer would have any legal recourse against you if you chose not to honor it.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    16. Re:How can you enforce a non-contract? by spitzak · · Score: 1

      No it is not a contract. The GPL is a giving up by the copyright holder of *some* rights to the work. Public domain is a giving up of *all* rights to the work. For that reason, any argument that the GPL is somehow illegal would mean that public domain is also illegal.

    17. Re:How can you enforce a non-contract? by spitzak · · Score: 3, Informative

      You can't write such a license, as that would be a contract, because it specifies restrictions that are not required by copyright law.

      However you can write a GPL-like license that says "you must chew green gum while *redistributing* this software". Normally redistributing the code would violate copyright laws. However you have now stated that they may violate the copyright, *if* they chew green gum. But you have not said anything about redistributing it without chewing green gum, thus that is illegal because it is still a copyright violation.

      However if they just write software using your code they are not violating copyright law. Unless you get them to sign a contract saying they will chew the green gum (in which case they are violating contract law), you have no power over them.

    18. Re:How can you enforce a non-contract? by bbc · · Score: 1

      "--"There is no signed contract, hence no agreement."

      So we can say the same thing about MS license terms"

      That is correct.

      "I dont sign anything when I install windows, and we can use MS code whenever and wherever we want?"

      That would be against the law.

    19. Re:How can you enforce a non-contract? by Teancum · · Score: 1
      Thus, the GPL does *not* require you to provide the source code for three years, rather it only requires that you provide a written offer to do so. I'm not clear on whether or not someone who got the offer would have any legal recourse against you if you chose not to honor it.


      While that may be technically true, I wouldn't try to stand on that in court. Mitigating circumstances would include if the company that distrubited the GPL'd software went bankrupt, the owner died, or some other unfortunate situation where it was impossible to provide the source code. Simply being unwilling to provide it would not IMHO be a good defnese, and a part of the GPL that I would not want to test in court.

      All in all, it is much easier and cheaper to simply include the source code in the distribution of the GPL'd software with the binaries. Although not required by the GPL, it would also be a good idea to include any non-standard compilers used to make the binaries as well.
  43. GPL for Patents? by pherthyl · · Score: 5, Interesting

    I wonder if some company may eventually say:

    "We won't sue you for infringing on our patents if you don't sue us for infringing on the GPL"

    Also, would that even be legal to accept an agreement like that? Nevermind that it would probably be a bad thing for OSS.

    1. Re:GPL for Patents? by mattdm · · Score: 1

      I wonder if some company may eventually say:

      "We won't sue you for infringing on our patents if you don't sue us for infringing on the GPL"

      Also, would that even be legal to accept an agreement like that? Nevermind that it would probably be a bad thing for OSS.


      Yes, it would be legal -- you (the owner of the GPL'd software) would be effectively granting a dual license to the patent holder, in exchange for them licensing their patent to you.

      However, if you weren't the sole copyright owner of the software, you couldn't do it. And, your GPL'd software probably wouldn't be distributable to anyone else unless the patent license explictly covered all users, since it would count as an additional restriction, which the GPL doesn't allow.

    2. Re:GPL for Patents? by slavemowgli · · Score: 1

      That would be possible, in the sense that it would be possible for the developers of a piece of (GPL'ed) software to license that software to a company under another license (which presumably does not have the requirements the GPL does); it would also be possible to do that in exchange for not being sued for patent infringement, although it probably would be a good idea to do a written contract then. ^_~

      The problem, however, is that this would require the approval of each and every person who owns the copyright to parts of the code of the project in question, and given a large enough project, it would seem reasonable to assume that there will be at least one person who does not agree to this, in which case it would be necessary to remove the relevant code from the project in order to still be able to do something like this - which may or may not be feasible.

      --
      quidquid latine dictum sit altum videtur.
    3. Re:GPL for Patents? by Anonymous Coward · · Score: 0
      1. "We won't sue you for infringing on our patents if you don't sue us for infringing on the GPL"

      No problem. (gives device/software to Bob) Bob, on the other hand will sue you.

    4. Re:GPL for Patents? by swillden · · Score: 2, Interesting

      I wonder if some company may eventually say: "We won't sue you for infringing on our patents if you don't sue us for infringing on the GPL"

      That license would only be possible if all of the contributors to the project, aka all of the copyright owners, agreed. That much is obvious.

      The interesting question is whether or not the company would have the leverage needed to get them all to agree. If I write an application that infringes on a patent, and Bob and Alice contribute small UI enhancements to it, and Jim adds support for a different database backend, and Mark improves my core algorithms to make the app faster, and Steve runs the site that distributes the result, who, in fact infringes on the patents? I don't know. I think Steve would be the first line of attack, but if someone in, say, Romania took over distribution, what then?

      Supposing that since only Mark and I actually touched the code that infringes the patent, only the two of us are liable, does that mean that Alice's refusal to grant a license to her copyrights could expose Mark and I to lawsuits? If we go to the court and say that we negotiated in good faith and granted the company a license to all of our work as per their request for relief of our patent infringement, will the judge accept that we fulfilled our agreement, even though the company can't actually distribute the software under a non-GPL license? I'd guess that depends on the wording of the cross-licensing agreement.

      Anyway, although this idea seems workable in theory, I suspect that it would be hard to implement in practice. And that it would tend to kill the F/OSS project in question, since other contributors would either have to wonder if they might be sued, or be willing to grant licenses to the patent-owning company. If the patents weren't central, the best option would be to change the code and stop infringing them.

      That raises another question, though: Supposing the active project developers did change the code to remove the infringement, but that users preferred the older, infringing code. Could the developers be considered liable even though they were no longer distributing or supporting the patent-encumbered version? I would think that a judge would be reasonable about this, but who knows?

      Patents in F/OSS are definitely a minefield

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:GPL for Patents? by oolon · · Score: 1

      Actually one of the parts of the GPL states that for the software to be GPL, it must be patent free or have non exclusive grants for the patent to be used in GPL software so the company in question must grant the use of the patent for all GPL software for it to be useful. You cannot have a GPL program that has patent duties to pay.

      James

    6. Re:GPL for Patents? by bwcbwc · · Score: 1

      As discussed earlier, this would work for the developers if all copyright holders of the GPLed work agreed to the new license terms.

      But anyone who actually used your GPLed code would still be liable for patent infringement.

      The trade would have to be:

      "We won't sue you or any of your users or any users or developers of products derived from your product (ad infinitum) for infringing our patents, if you don't sue us for infringing on the GPL."

      Otherwise the copyright holders of the GPLed product would have to withdraw the GPLed version of the product, since they don't have the authority to license the patent that was violated by their product. And the GPL requires that if you release a product, you release it free of patent encumbrances.

      --
      We are the 198 proof..
    7. Re:GPL for Patents? by Anonymous Coward · · Score: 0

      You cannot have a GPL program that has patent duties to pay.

      No. The authors of a GPL program have no obligation to research what patents it might be violating. Statistically, Linux violates at least 50 software patents, but that's no basis to say that it isn't really GPL anymore.

    8. Re:GPL for Patents? by mattdm · · Score: 1

      Er, that's not "actually". That's "what I just said".

  44. Re:GPL too restrictive by base3 · · Score: 1

    It is. And people who don't agree with the GPL are free to write their own code and license it however they like.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  45. I Am GPL, Hear Me Roar! by blueZhift · · Score: 2, Insightful

    This opens up another front on the OSS battle so to speak. While some posters here question the value of informing companies that they may be in violation of the GPL and claim that they can simply ignore it, companies that ignore such warnings do so at their own peril. Why? Because from a legal standpoint they can't be sure who will hit them with a suit or when. There are all sorts of questions about who would have legal standing to bring a suit, and this itself would vary from state to state and country to country. If I'm a company bent on violating the GPL, defending that could be difficult especially if a GPL backing company like IBM or Novell decides it's in their best interests to get involved and bankrolls the lawsuit.

    Given this, I think few companies will intentionally violate the GPL. So I think that most smart companies if informed of a problem, will probably rectify it one way or another rather than risk an uncertain threat of liability. Certainly any high profile organization with a smart legal counsel would. The not so smart ones are another story!

    1. Re:I Am GPL, Hear Me Roar! by Anonymous Coward · · Score: 0

      ...companies that ignore such warnings do so at their own peril. Why? Because from a legal standpoint they can't be sure who will hit them with a suit or when.

      Er...no. The only party with standing to sue is the one that licensed the code. No one else has legal claim to damages. Any such claim will be almost immediatly dismissed by any competent juristidction.

      I can't control who will hit ME with alawsuit with no legal merit or when they will do so either. But in general it's not something I worry about.

    2. Re:I Am GPL, Hear Me Roar! by Reziac · · Score: 1

      That's a good point -- that the real legal threat might not be from the holder of the individual copyright(s) for said GPL'd code, but rather, from another company who also uses that same GPL'd code. Sortof "if WE can't do this, YOU ain't gonna get away with it either!!" as a method of taking down competitors.

      On second thought, I'm not so sure this is such a great thing :/

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:I Am GPL, Hear Me Roar! by drinkypoo · · Score: 1

      How is it a bad thing that people who are abusing the GPL might be forced to comply?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:I Am GPL, Hear Me Roar! by Reziac · · Score: 1

      Being forced to comply isn't itself a bad thing. But being forced to comply *by a competitor* would be a bad precedent. And I can see that happening, given the current legal climate, where litigating your competitors out of business is a common mode.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:I Am GPL, Hear Me Roar! by Anonymous Coward · · Score: 0

      Or if someone *sold* the copyright on their code to somebody else.

      Say I'm a router company that wants to really stick it to Cisco -- I buy copyright for some GPL software that some guy wrote and GPLed. The code was subsequently used by Cisco, who refused to comply with the GPL. Now I can sue Cisco.

    6. Re:I Am GPL, Hear Me Roar! by zotz · · Score: 1

      I came late to this thread, but would you not have to be violating the competitor's copyrights for them to force you to comply?

      If playing with GPL code, the most simple protection is to supply complete source with all binaries. You would then have completely fulfilled those particular obligations under the GPL and are gold in that respect.

      You could, I guess, still have issues with respect to credit, etc, but, I think the big issue is giving out binaries without source. Just don't do it.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    7. Re:I Am GPL, Hear Me Roar! by Reziac · · Score: 1

      By now the details are falling out of my head :) But the scenario as presented Here Somewhere went sorta like this:

      -- Individual A makes program, GPLs it.
      -- Company B uses it to build a new program, and fails to comply with GPL by not releasing source for said new program.
      -- Company C, who also uses A's code (but is NOT A's employer, so has no founding interest), takes Company B to court to force Company B to cough up their added sources.

      My point of disagreement was that even tho Company B is in the wrong (whether intentionally or accidentally), it isn't Company C's place to play enforcer.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    8. Re:I Am GPL, Hear Me Roar! by zotz · · Score: 1

      "-- Individual A makes program, GPLs it.
      -- Company B uses it to build a new program, and fails to comply with GPL by not releasing source for said new program.
      -- Company C, who also uses A's code (but is NOT A's employer, so has no founding interest), takes Company B to court to force Company B to cough up their added sources.

      My point of disagreement was that even tho Company B is in the wrong (whether intentionally or accidentally), it isn't Company C's place to play enforcer."

      Ok, now I may understand you. All the details are not here so I will fill in some. Correct where I get wrong.

      scene 1 -- Company B distributes the new program built on A's program in binary form and does not supply source to those they supply the binary.

      Company C as an "any third party" can demand sources from B and B will be in violation if they do not supply. I am not sure as to the nature of the suit they can bring though. They do have the rights to the code under the GPL but they do not hold the copyrights.

      scene 2 -- Company B distributes the new program built on A's program in binary form and does supply source to those they supply the binary.

      Company C cannot demand the source from anybody. As a matter of fact, neither can A. Right?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    9. Re:I Am GPL, Hear Me Roar! by Reziac · · Score: 1

      Yep, that's where I was going, and thanks for bringing up that Scene 2 point (great, now there's MORE worms in the can!!) -- to wit, exactly WHO *does* have the right to demand that Company B's new source be released?? Is it Individual A as the "previous generation coder", the FSF as originator of the GPL license, maybe someone else whose code Indiv.A built upon in the first place? or any random 3rd party, whether they have a vested interest in Company B's sources or not??

      At some point this is going to have to be settled so as to create a precedent for contract law.

      But I think it would be a VERY bad precedent for random 3rd parties to become the "enforcers" (GPL vigilantes, if you will). That would really be no different from the RIAA going around suing filesharers, and thereby representing themselves as the "agents" of the infringed artists -- with whom the RIAA *itself* has no contract.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    10. Re:I Am GPL, Hear Me Roar! by zotz · · Score: 1

      "Yep, that's where I was going, and thanks for bringing up that Scene 2 point (great, now there's MORE worms in the can!!) -- to wit, exactly WHO *does* have the right to demand that Company B's new source be released?? Is it Individual A as the "previous generation coder", the FSF as originator of the GPL license, maybe someone else whose code Indiv.A built upon in the first place? or any random 3rd party, whether they have a vested interest in Company B's sources or not??"

      I am pretty sure it is not the FSF. Also, A can certainly do it if the facts come to his attention. The people who got the binaries from B or company C have rights to the code as per the GPL, but I don't know whether they have standing to bring a suit. Since company B is bound by the GPL to deliver it to either of them who asks, they very well may have standing to sue. NOTE: IANAL!

      Would a lawyer care to chime in?

      "But I think it would be a VERY bad precedent for random 3rd parties to become the "enforcers" (GPL vigilantes, if you will). That would really be no different from the RIAA going around suing filesharers, and thereby representing themselves as the "agents" of the infringed artists -- with whom the RIAA *itself* has no contract."

      I would not like to actually comment on the parallels between third parties who have rights to the code under the GPL and the RIAA, but, off the top, I don't really see the situation as being the same.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    11. Re:I Am GPL, Hear Me Roar! by frost22 · · Score: 1
      My point of disagreement was that even tho Company B is in the wrong (whether intentionally or accidentally), it isn't Company C's place to play enforcer.
      You are mistaken. In many countries, unfair competition laws specifically allow the harmed competitor to sue. The reasoning is simple - Company B actually hurts Company C by ignoring its legal obligations and saving a buck, thereby enabling it to offer lower prices.

      Added advantage of that is its it saves enforcement and regulation costs for the government.
      --
      ...and here I stand, with all my lore, poor fool, no wiser than before.
    12. Re:I Am GPL, Hear Me Roar! by Reziac · · Score: 1

      I should have said "it isn't Company C's *ethical" place to sue."

      It's one thing if Company B actually harmed Company C, and Company C sues

      But in the scenario presented (as best I recall by now :) Company B didn't directly harm Company C; Company C just took it upon themselves to punish Company B, for violating a contract that didn't actually involve Company C at all.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  46. Re:Sigh by Angafirith · · Score: 1, Insightful

    From my (albeit limited) understanding of the GPL, it just wants you to give credit to the original authors of the code. When someone downloads a song, they are not in any way claiming that they wrote the song. There's the difference betwen the two.

    --
    "It is better to risk sparing a guilty person than to condemn an innocent one." - Voltaire
  47. FYI by TuringTest · · Score: 1

    without ever really stopping to think that that's not really what "free" means at all.

    Then think about this: there at least two mainly known definitions of free: positive freedom and negative freedom.

    The GPL follows the first one. Libertarians (i.e.e right wing people) follow the second. That's why you don't understand the mismatch, because there isn't one meaning for freedom.

    And as positive > negative, *I* would say that GPL has more freedom than BSD.

    --
    Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    1. Re:FYI by PhilHibbs · · Score: 1
      Now, metaphor is fine, except when it's used to mislead, which I think is the case here.
      That's where I disagree with you. It is clear to anyone familiar with software licencing what "free" in the GNU sense means. It's a metaphor, and your example of a bird being free is a very good one. It isn't, however, the software per se that is free, but the IP rights of the author.
    2. Re:FYI by ajs318 · · Score: 1

      The sense in which software is "free" or not is in the sense of preserving the freedom of its users. It's just one of a whole bunch of peculiarities in the English language; by the time you've learned how it works you find it easier to put up with it than change it {and why should your successors have an easier time than you did?}

      The GPL is written from a specific, idealistic standpoint: that all of the benefits of all human endeavour rightfully belong to all of humankind, and it is therefore absolutely wrong to deny anybody the freedom to share and improve the software they use. The very idea of distributing software in a form which the user is not free to share and improve -- which means, for all practical purposes, source code bearing a licence explicitly permitting certain actions -- is anathema to the GNU project.

      The BSD licence as written allows you to take code somebody wrote and make something not-free with it; however, you can't do anything to stop the person who originally wrote it from cloning your new, not-free software lock, stock and barrel and making that free.

      The GPL specifically bars you from taking code somebody wrote and making something not-free with it.

      If you are prepared to watch the software marketplace like a hawk, and code up free clones of any not-free software evidently based on something you wrote, then the BSD licence may be for you. {What was that about "the price of Freedom is Eternal Vigilance" again?}

      If, however, you feel that coding up a free clone of something not-free would be too much duplication of effort, or that making not-free software in the first place is just downright wrong, then go with the GPL.

      If you want to make not-free software {which I happen to think is a crime against humanity in and of itself} and you expect other people to respect the restrictions you impose upon it, the least you could do is abide by any restrictions other people have imposed upon their software.

      --
      Je fume. Tu fumes. Nous fûmes!
    3. Re:FYI by ClosedSource · · Score: 1

      "The sense in which software is "free" or not is in the sense of preserving the freedom of its users."

      A very nice try, but it won't wash.

      First of all if "Free" software advocates want to claim it's about freedom for users, they should just say it. "Software wants to be free" says nothing about users no matter how much backstory you want to retrofit on it.

      Clearly, the GPL is not about users' rights, it's about the rights of the author. It's the perfect license for people who want to release their source code and still control an aspect of its destiny.

      I have no problem with that, but let's not drape this self-interest with sanctimonious crap about benefiting humanity.

    4. Re:FYI by TuringTest · · Score: 1

      I have no problem with that, but let's not drape this self-interest with sanctimonious crap about benefiting humanity.

      Wow, thats like saying that a charity is only for self-interest and does nothing to benefit other humans.

      Of course using a GPL license does protect one right of the author: the right to ensure that the software, as an evolving system, will remain freely accesible and usable. That right isnt guaranteed with public domain or BSD-like content.

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    5. Re:FYI by ClosedSource · · Score: 1

      "Wow, thats like saying that a charity is only for self-interest and does nothing to benefit other humans."

      I didn't realize that donations to charity typically include a license agreement. There's a reason why you can't deduct "free" software development from your income taxes: it isn't charity.

      "Of course using a GPL license does protect one right of the author: the right to ensure that the software, as an evolving system, will remain freely accesible and usable."

      The GPL, like any other license, can't ensure that the software will evolve or be usable or even accessible but it can prevent the code from being incorporated into closed source code.

    6. Re:FYI by ajs318 · · Score: 1
      Clearly, the GPL is not about users' rights, it's about the rights of the author.
      And I suppose you think rape laws are primarily for the benefit of cock-teasing bitches who enjoy getting a man excited and then frustrating him?
      [the GPL is] the perfect license for people who want to release their source code and still control an aspect of its destiny.
      Now who's anthropomorphising? How can software not have freedom but have a destiny?
      I have no problem with that, but let's not drape this self-interest with sanctimonious crap about benefiting humanity.
      It's not "sanctimonious crap". It's something people genuinely believe. If I write a piece of software that does something useful, the whole of humanity deserves any benefit they can derive from it. Granted, some -- most, even -- won't physically be able to derive any benefit from it, but that is no reason to deny its benefits to the ones who can.

      Everyone, without exception, may count amongst their most fundamental rights the right to share and improve any software they use. It's right up there, along with freedom of speech, freedom of association and all the other things that people living in modern liberal democracies quite properly take for granted. Just because not everyone can exercise this right, does not diminish its importance {after all, half the world's population cannot exercise the right to an abortion; that doesn't make it any less important a right}. As a consequence of this, closed source software -- which seeks to deny these rights -- must be evil, since it seeks directly to oppose a fundamental freedom.
      --
      Je fume. Tu fumes. Nous fûmes!
    7. Re:FYI by ClosedSource · · Score: 1

      "Now who's anthropomorphising?"

      Certainly not me. According to the Merriam-Webster online dictionary the definition of destiny includes: "something to which a person or thing is destined". There's no mention of anthropomorphism.

      "It's not "sanctimonious crap". It's something people genuinely believe."

      People genuinely believe in a lot of things. Often people believe the exact opposite of other people. Thus belief alone is not sufficient to determine truth.

      "As a consequence of this, closed source software -- which seeks to deny these rights -- must be evil, since it seeks directly to oppose a fundamental freedom"

      Apparently your definition of freedom doesn't include the freedom to create something and keep the details to oneself.

      In fact in an earlier post talking about closed source software you said: "which I happen to think is a crime against humanity in and of itself"

      This is a slap in the face to the victims of real crimes against humanity. Not all mass-murders qualify for crimes against humanity, but apparently closed source software developers do. The stupidity of your comment should be obvious even to you.

    8. Re:FYI by ajs318 · · Score: 1
      Apparently your definition of freedom doesn't include the freedom to create something and keep the details to oneself.
      If you want to keep your creation to yourself, sure; I have no problem with that. However, if you want to share any part of it with others, you must share the whole of it with others. It's a simple enough concept: all or nothing.
      [calling closed-source software a crime against humanity] is a slap in the face to the victims of real crimes against humanity.
      No it isn't.

      You appear to have bought into the filthy lie, created by those who wish to usurp your freedom, that there are such things as greater or lesser violations of liberty.

      Freedom is digital: either you are as free as you can be, or you aren't. There is nothing inbetween.

      Pretending that one abuse of liberty is somehow more acceptable than another, is what keeps the whole rotten system going. The fact is, they are all equally unacceptable; but those who seek to deny your freedom will always pretend that the ones it is easier to do something about are less terrible than the ones it is harder to do anything about, in order to dissuade you from doing anything about them.
      --
      Je fume. Tu fumes. Nous fûmes!
    9. Re:FYI by ClosedSource · · Score: 1

      "Freedom is digital: either you are as free as you can be, or you aren't. There is nothing inbetween."

      A guess you mean freedom is bivalent. Digital allows a range of values. In any case, if you really believe that there's no such thing as degrees of freedom, then we really don't have enough common ground to continue this discussion.

      Good luck with your unique perspective.

  48. Re:GPL too restrictive by Hiro+Antagonist · · Score: 5, Insightful

    I'll second the other poster who said, 'Good thing you aren't a developer.' See, development takes work; lots of it, in fact. Writing a program doat does anything more than put 'Hello, world!' on the screen takes a measure of effort that you, as a non-developer, can't really comprehend.

    See, writing programs, especially *good* programs, isn't easy. It takes skill, patience, and experience, as well as a certain type of mind that isn't very common. And, before you tell me that even your seventy-two year old mother knows how to program, ask yourself this -- does she know what an eigenvector is? How about maxtrix transforms? Relational algebra? Multivariable calculus?

    Why are these important? Because programming requires a high level of mathematical ability, at least if you want to have any understanding of why you are writing code a certain way.

    So, all of this together makes a programmer, and people who do this sort of thing pour hours into their work. This is something they have created, and honestly, they should, and do, have the final word over what happens to their works. Some people are generous enough to release their works under a license like the GPL, which enables anyone else to use the program which the programmer has created, but with the caveat that the program can't be stolen and sold.

    As a programmer, I'm happy the GPL exists, because there are a lot of ideas I've had for 'open-source' programs, and while I am happy to write them, I don't want to spend months coding, just so that some asshat can try to charge money for something I, as the creator of that thing, have released for free.

    Finally, information doesn't 'want' anything -- it's an intangible concept, like 'santa claus' or 'income tax reform'. People want information to be free, and while that's all and good, there are far too many people demanding free information, and far too few people willing to work to provide it.

    --

    --
    I Hit the Karma Cap, and All I Got Was This Lousy .sig.
  49. Re:Sigh by dash2 · · Score: 2, Insightful

    "You guys?"

    What, everyone who writes GPLed software is a music pirate?

    Unlike all those Windows users who, undoubtedly, have never broken IP laws by, say, borrowing somebody's copy of Office or downloading a Dreamweaver zipfile?

    Dear me.

  50. Hyperion by Anonymous Coward · · Score: 0

    Too bad Hyperion Entertainment didn't dare show up at CeBIT. Oh well, they'll get their C&D letters by registered mail instead, but it's not as entertaining when the humiliation doesn't take place in public right off the bat.

  51. Re:GPL too restrictive by thelexx · · Score: 2, Informative

    Bullshit. The GPL only prohibits taking open software, closing it and selling it as your own with no source available. You are free to use GPL libraries in your proprietary code without releasing your code, and to sell your closed code. Try again.

    --
    "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
  52. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Good thing you're not. We don't need any more ignorant developers.

    Its not about passing around source code. GPL forces me to make any code that's linked with it to be GPL as well. Even plugins written for a program, if GPL'ed require the entire program to be GPL'ed. That's a totally unnecessary condition. I'd rather choose BSD or CPL which ask that you pass around source code but aren't thoughtlessly viral.

  53. Re:GPL too restrictive by petaflop · · Score: 1

    Yes, but freedom is a two-way thing.

    For example, if you were free to run all over anywhere you want on your dirt bike, including my back garden, then you would have removed my freedom to enjoy my back garden in peace.

    In any society where resources are contested, granting one freedom to one person may remove a freedom from another.

    The GPL trys to addresse this in a way which preserves the most freedom. You are granted the right to modify and redistribute anything I do, as long as you also redistribute the changes you made, so that I and others can benefit in turn. Your additional freedom comes at the price of not restricting the freedom of others.

    Alternatively, here is another way of looking at it. Information wants to be free, but copyright laws are provided which allow it to be locked up. The GPL uses these laws against themselves, to create information which can never be locked up.

  54. Re:Sigh by jedidiah · · Score: 0

    The RIAA and MPAA aren't authors and aren't doing anything to benefit authors. They're not really even doing anything to benefit themselves. However, it's their grave to dig.

    The RIAA and MPAA shill for the companies that VICTIMIZE artists.

    The notion that RIAA and MPAA help actual artists is just lame corporate propaganda.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  55. Re:Sigh by Entrope · · Score: 3, Insightful

    You're making an entirely unwarranted assumption: That GPL developers routinely infringe others' copyrights. Most developers I know are very respectful of any copyrights on a work.

    I suspect the fraction of free software developers who infringe many copyrights is lower than the fraction of general internet users who infringe many copyrights, just because the former tend to be more familiar with the law and what it takes to produce a copyrightable work.

    Don't confuse GPL developers with file traders just because they both read Slashdot.

  56. Usual slashdotting joke by Anonymous Coward · · Score: 0

    Seems like the poster is a GPL violator himself. He found the easiest way of fighting back the threat: slashdotting the site.

    No karma wore...

  57. RTFA by soft_guy · · Score: 3, Informative

    I know this *is* slashdot and all, but according to the article, the group last year reached 25 amicable conclusions, 2 preliminary injunctions, and 1 court order. That would lead most *readers* of the article to conclude that in fact they do take people to court. That is the usual way that you get injunctions and court orders.

    Often companies start with warning letters too.

    --
    Avoid Missing Ball for High Score
    1. Re:RTFA by Reziac · · Score: 3, Funny

      This *reader* of the article concluded that there were 25 cases of "Oh, sorry, let's fix it", two cases of "Who's gonna make me?" and one case of "Fuck you".

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:RTFA by KarmaMB84 · · Score: 0, Flamebait

      and several where "donations" were extorted from companies for simply not offering the source.

    3. Re:RTFA by Reziac · · Score: 1

      I didn't see that part, but if true, rather disturbing.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  58. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    does she know what an eigenvector is? How about maxtrix transforms? Relational algebra? Multivariable calculus?

    Why are these important? Because programming requires a high level of mathematical ability, at least if you want to have any understanding of why you are writing code a certain way.


    While I agree with your general tone, what non-scientific applications out there use an eigenvector? Multivariable calc? A large part of programming is just taking A, transforming it, and getting B. What you mention will help you solve math problems, but that's a small minority of programming.

  59. Free != Freedom by thed00d · · Score: 1

    I've seen allot of arguments for and against the GPL. I don't really take sides either way, but here are my general observations about it.

    Allot of people have the common mis-conception that just because software is released as being free, that they can do what ever they want with it. The truth is, if that were the case, then all we would have is mass chaos. This would lead to (more) code stealing and mis-use of IP.

    Another mis-conception that I see, is that people believe if your code extends, in /any/ way, code that has a GPL license, that you must also release your code under the GPL. It's my understanding that this is not so. If you modify code covered under the GPL, then you have to release your modifications. If you use code covered under the GPL, then you have to release copies of that source. If you create /new/ code, but it depends on a GPL item, then you can release your code under whatever license you see fit - open or closed source.

    Anyway, I've forgotten my original point here, so I'll just say this:
    We can't have Free/Open Source without rules; That would just be Chaotic/Open Source. And if you violate the GPL, you deserve to be sued for. It's akin to breaking a Constitutional Amendment. I mean really....

    --
    http://www.accelerateglobalwarming.com
    1. Re:Free != Freedom by Anonymous Coward · · Score: 0

      nother mis-conception that I see, is that people believe if your code extends, in /any/ way, code that has a GPL license, that you must also release your code under the GPL. It's my understanding that this is not so. If you modify code covered under the GPL, then you have to release your modifications. If you use code covered under the GPL, then you have to release copies of that source. If you create /new/ code, but it depends on a GPL item, then you can release your code under whatever license you see fit - open or closed source.

      Another misconception is that GPL covers use, or distribution of non-GPL code. It doesn't. It's ridiculously simple: the GPL covers distribution of the GPL'd code, in a copyright way.

      And the way copyright works, this also covers "derivative works". And that's where all the GPL cases (in-house modifications, linking, aggregation etc.) come from.

    2. Re:Free != Freedom by SirTalon42 · · Score: 3, Informative

      "If you create /new/ code, but it depends on a GPL item, then you can release your code under whatever license you see fit - open or closed source."

      Thats true /only/ under the LGPL. Only GPL code can link against GPL code. Anything can link against LGPL code, look at WineX (Cedega) and Wine, originally Wine was under the LGPL and WineX added extra closed code to it but then Wine changed their license to GPL and WineX had to fork.

    3. Re:Free != Freedom by gnuman99 · · Score: 1
      If you create /new/ code, but it depends on a GPL item, then you can release your code under whatever license you see fit - open or closed source.

      True, but for example, let's take Trolltech's Qt 4 that will be released under GPL for Windows. When you build your application against the GPL library, you can relicense it under any license you want. *BUT*

      • You CANNOT distribute or link the non-GPL version with the GPL library (that's in the GPL license)
      • You CANNOT link your relicensed version with the non-GPL Qt from Trolltech (that's in their commercial license, not GPL).

      So you are correct, but that can be remedied as in case of Trolltech's commercial license.

    4. Re:Free != Freedom by Anonymous Coward · · Score: 0

      "If you modify code covered under the GPL, then you have to release your modifications. If you use code covered under the GPL, then you have to release copies of that source. "

      My understanding is that this only applies if you are distributing the code. Say I decide to improve some GPL code. I can do whatever changes I like, and I don't have to distribute either source or binary. But if I do distribute binary, then I have to also distribute source or at least make the written offer.

    5. Re:Free != Freedom by dkalley · · Score: 1


      Anyway, I've forgotten my original point here, so I'll just say this:

      Dude, your syntax gave me a headache. Break off that comma key!

      --
      "Vat? You think I'm a Nazi?"

  60. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Great, the system works. When I release something under the GPL I never intended for you, nor any other non-GPL developer, to be able to use my work. I am being deliberatly selfish, if you wish. At the end of the day, I am only interested in sharing with others who will also share their work.

  61. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    RTFLFAQ and then maybe you'll have enough sense that I'll want to argue with you.

  62. Not just GPL, but also hardware clones at CeBIT by ic0wb0y · · Score: 1
    LuxPro, the Taiwanese maker of a blatant iPod Shuffle clone, refused to remove its look-alike mp3 player from its stall at CeBIT. One might call Luxpro's Super Shuffle an ehanced version of Apple's Shuffle given that it has an FM tuner, voice recorder and support for mp3, .WAV, and wma rather than merely AAC.

    Apple didn't bother with a scary letter.

    Apple has threatened to invade Taiwan if the self-governed island moves toward formal independence from Apple's dominance in the mp3 player market. The threat has become more real to many in Taiwan as Apple prepares to enact an anti-secession law that some analysts fear may provide Apple with a license to attack the island.

    1. Re:Not just GPL, but also hardware clones at CeBIT by micilin · · Score: 2, Informative
      For the love of pete! iPods support mp3 playback. And wavs. From Apple's site for the Shuffle:

      'Audio formats supported: AAC (16 to 320 Kbps), MP3 (32 to 320 Kbps), MP3 VBR, Audible, AIFF, Apple Lossless and WAV'

      And iTunes will convert (undrmed) wmas to something the iPod will play.

      Where are people getting this idea that iPods don't support mp3s from?

  63. Re:GPL too restrictive by jedidiah · · Score: 1

    That's what LGPL is for.

    If Oracle and Electronic Arts can grok this than so can anyone else.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  64. Heard on CNBC by the+Howard+Dean+Camp · · Score: 0, Funny

    Iomega stock tanking...rumor on the street is that nberardi might sign a petition against them.

    1. Re:Heard on CNBC by nberardi · · Score: 1

      I am not trying to tank there stock. I am trying to get them to release the code so that a good development process can go forward like what is happening at sveasoft.com with WRT54G

    2. Re:Heard on CNBC by criscooil · · Score: 1
      I am trying to get them to release the code
      Good luck with that. However, AFAIK, the only thing you can force them to do is to stop distributing their GPL-derivative code.
      --

      My life is an open book ... up to a point.

    3. Re:Heard on CNBC by Anonymous Coward · · Score: 0

      You could also sue for damages.

    4. Re:Heard on CNBC by Anonymous Coward · · Score: 0
      so that a good development process can go forward like what is happening at sveasoft.com

      Sveasoft itself is (afaik) in violation of the GPL.
      See http://forum.bsr-clan.de/viewforum.php?f=12

    5. Re:Heard on CNBC by nberardi · · Score: 2, Funny

      No they aren't they are releasing the code for each release. They just aren't releasing the beta releases. They have got the okay from the OSS councel or what ever the governing body of GPL is.

  65. Re:So what? by Anonymous Coward · · Score: 0

    Well, you're just a bit of a wanker then, really, aren't you.

  66. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Yes, it's about the Freedom of the code. The code is Free and the developer intends for it to remain Free. It isn't about your freedom as a developer.

    If you don't want to redistribute your code under the GPL, find some non-GPL code to base your work on. No one is forcing you to use that GPL licensed library, it's your choice.

  67. How about... by chowdmouse · · Score: 1

    ...outsourcing this to SCO?

  68. Re:GPL too restrictive by halleluja · · Score: 1

    (...) You are free to use GPL libraries in your proprietary code without releasing your code, and to sell your closed code. Try again.

    LGPL libraries you mean.

  69. Copyright does not need a contract by Anonymous Coward · · Score: 5, Informative

    If I were to sell copies of Star Trek DVDs that I made myself, Paramount would be all over me for violating their copyright. I have no contract with Paramount. That's the point - I have NO right to sell someone else's copyrighted material without permission. You must have permission to distribute ('publish') someone else's copyrighted material.

    That permission could be given by a contract. Or it could be given by a license, such as the GPL. When the author places his work under the GPL, he grants permission to copy to those who adhere to the terms of the GPL. If someone doesn't follow the terms, then they DON'T have permission to distribute the copyrighted materials. It's a simple case of copyright infringement.

    The GPL is far simpler than the usual EULA. The GPL makes no restriction on use, but most EULAs do. Most EULAs prohibit copying, but the GPL encourages it. The GPL is a license granting you permissions that you wouldn't otherwise have under copyright law. You don't have to accept the GPL, you just fall back on standard copyright law if you don't. No contract is needed.

    1. Re:Copyright does not need a contract by QuantumG · · Score: 1

      You have no right under law. Us GPL hippies tend to think that you have an inalienable right to copy whatever the hell software you want and it's just the law that stops you from doing so. The only reason we enforce the GPL, seemly against our own reasoning, is because software is unique in that it comes in two different forms: source and binaries. We think not supplying the source is more wrong than placing restrictions on people, so we're willing to place restrictions on people to ensure that they hand over the source.

      --
      How we know is more important than what we know.
  70. Encouraging proper use of OSS by Anonymous Coward · · Score: 0

    Company A starts using some 'free' (they believe) source code in their product, mistakenly unaware of the subtleties of the GPL ... then they get a threatening letter. Yup, that's going to encourage the use of OSS in the commercial world!

    1. Re:Encouraging proper use of OSS by fremar · · Score: 1

      Subtle difference: Company A starts SELLING some 'free' (they believe) source code in their product. Only then are they in violation. As they should be, they are then making money selling the work of others without the permission of the original authors. That's what copyright is for, and it works. [Need I add that this prooves there is no need for software patents since copyright law already protects your intellectual property?]

  71. Re:GPL too restrictive by Deep+Fried+Geekboy · · Score: 1

    I just read the LGPL and it still seems too restrictive. This is from the POV of a one-man part-time developer. I have steered away from any GPL stuff just because it's a can of worms if at any point you think your app might become the basis of something commercial.

    --

    I'm not wrong. You haven't thought about it hard enough.

  72. GPL Violators On The Prowl? by Anonymous Coward · · Score: 0

    Do we really want all these violators on the prowl? Seems like the article is about people on the prowl for GPL violators, not the other way around.

    Critical reading is a lost skill in this country.

  73. 3 simple changes to hypocricy! by Anonymous Coward · · Score: 1, Insightful

    Those like me who've read and understand the license, use it to make sure the MUSIC we distribute are not redistributed without PERMISSIONe. We *want* that restriction. If you don't like that restriction, feel free to not use the MUSIC and go the hell away.

    3 words,
    1 hypocrite

    1. Re:3 simple changes to hypocricy! by Anonymous Coward · · Score: 0

      Do you have proof that stevens has copied music without the permission of the copyright owner?

      No? Then welcome to Logical Fallacy Land, where Trolls and Idiots alike make the Logical Fallacy of assuming one is the same as the many. "Many people on Slashdot copy music. Therefore everyone on Slashdot copies music". This, and thousands of other idiotic arguments are just yours for the taking!

    2. Re:3 simple changes to hypocricy! by stevens · · Score: 1
      Those like me who've read and understand the license, use it to make sure the MUSIC we distribute are not redistributed without PERMISSIONe. We *want* that restriction. If you don't like that restriction, feel free to not use the MUSIC and go the hell away.

      I don't steal music. I buy CDs or get songs from iTunes.

      Since when is it appropriate to just assume (out of nowhere) that someone commits copyright violations and then call them a hypocrite for the imagined violation?

    3. Re:3 simple changes to hypocricy! by Aldric · · Score: 1

      When have the we-want-to-profit-from-other-peoples-work crowd ever made sense?

    4. Re:3 simple changes to hypocricy! by Anonymous Coward · · Score: 0

      have you ever downloaded any sort of music off the internet without compensating the copyright owner?

      EVER?

      yeah, I thought so.

      HYPOCRITE!!

    5. Re:3 simple changes to hypocricy! by Anonymous Coward · · Score: 0
      You're one of the "people never change" crowd aren't you. Better go jump off a bridge now, because you're obviously too stupid to live.. and people never change.

      (paraphrase) Have you EVER broken the speed limit?!? EVER?!? Then you have no right to call someone else a hypocrite, you hypocrite.

    6. Re:3 simple changes to hypocricy! by stevens · · Score: 1
      have you ever downloaded any sort of music off the internet without compensating the copyright owner?

      No.

      When I was young and stupid, the only things on the internet were usenet postings and essays on gopher sites. I never got into the habit of just taking what I want like today's kids seem to do. Hell, after I bought my first linux CD from infomagick, I spent half an hour reading the license and searching usenet postings to see if it was really true that I didn't need a license per computer.

      I pay for what I get; I ask payment for what I give. And for GPLed software, the payment I expect is that you don't redistribute it without source.

    7. Re:3 simple changes to hypocricy! by Anonymous Coward · · Score: 0

      I speed all the time.

      I also use drugs, shoplift, and steal all my music.

      I woudl be a hypocrite if I told other people it was wrong to do so.

      I'm a libretarian, do whatever you want but if it interferes with my life I will have you hunted down like a dog.

    8. Re:3 simple changes to hypocricy! by Anonymous Coward · · Score: 0
      Logical Fallacy

      Actually, it's more formally known as "et tu quo quo".

  74. Re:So what? by Anonymous Coward · · Score: 0

    haha says the man who has has a link to a hexeditor, thats real software innovation, perhaps you would like to make a text editor next ?

  75. Re:GPL too restrictive by McDutchie · · Score: 1
    You are free to use GPL libraries in your proprietary code without releasing your code, and to sell your closed code.

    Before you call "bullshit", you might want to check your facts: the GPL in fact does not allow this (read par. 2). You're probably confused with the LGPL, which does.

  76. Re:GPL too restrictive by hazah · · Score: 1
    "there are far too many people demanding free information, and far too few people willing to work to provide it"

    Usually, if there's a demand, a supply manifests itself. it's automagic, really.

  77. slashdotted by yodaj007 · · Score: 1

    GPL Violations.org has successfully been slashdotted. Congratulations! We are a force to be reckoned with.

    --
    These aren't the sigs you're looking for.
    1. Re:slashdotted by NerdHead · · Score: 0

      I'm sure there out for revenge. Watch for a letter.

  78. Re:Programming != Math by Anonymous Coward · · Score: 0

    Because programming requires a high level of mathematical ability, at least if you want to have any understanding of why you are writing code a certain way.

    Programming requires logic, not math.
    Eigen values, matrices... only applicable if you're doing an engineering software. The point of taking all that math in Comp Sci is to learn problem solving logic, how to approach a problem. There is no calculus/Eigen/matrices in presentation (UI), persistence (db, XML, flat file), or unless specific cases - business logic.

    Some people are generous enough to release their works under a license like the GPL, which enables anyone else to use the program which the programmer has created, but with the caveat that the program can't be stolen and sold.

    True generosity is using the BSD license - there's nothing generous about trapping future development by license.

  79. Re:Sigh by shark72 · · Score: 4, Insightful

    "From my (albeit limited) understanding of the GPL, it just wants you to give credit to the original authors of the code. When someone downloads a song, they are not in any way claiming that they wrote the song. There's the difference betwen the two."

    The forms of art are inherently different. The average pirate doesn't incorporate a downloaded song into their own work without credit, and the average GPL violator doesn't listen to the code. The implicit rationale here is "I follow this certain set of rules for one piece of media, and if another medium has different rules, then they're wrong and can be ignored." Different media have different uses, and thus, sets of rules.

    In situations like this, the golden rule still applies: treat others as you would like to be treated. If a software developer -- big or small -- wants you to honor their wishes and respect their rights, do so. Likewise, if a musician -- or even a record company -- wants you to respect their wishes and respect their rights, you should as well. Because some day -- whether you're a musician or a programmer or a painter or an author -- it may be your own rights that somebody has taken the libery of ignoring.

    --
    Sitting in my day care, the art is decopainted.
  80. Re:So what? by Anonymous Coward · · Score: 0

    Too subtle. (sad but true)

  81. Re:Sigh by antiMStroll · · Score: 2, Insightful
    You completely miss the point by refusing to look beneath the surface. Open access to information is the guiding principle in both cases. The GPL is a license brilliantly designed to rest on copyright law such that the stronger the latter becomes the easier it is to enforce the GPL. There's no contradiction at the level of intent, only the method gives that impression.

    "Pay for what you take...."

    "Take"? It's 'copy', not 'take', one source of the confusion.

  82. Re:So what? by shark72 · · Score: 0, Redundant

    Brilliant. I wish I had mod points to give.

    I see that your point was a complete fly-by for some folks -- which, I think, served to prove your point even more strongly.

    --
    Sitting in my day care, the art is decopainted.
  83. Re:Sigh by Anonymous Coward · · Score: 0


    What, everyone who writes GPLed software is a music pirate?


    Of course not. Everyone who posts on Slashdot is a music pirate.

    Are you new around here?

  84. Re:GPL too restrictive by Hiro+Antagonist · · Score: 1

    Many programming applications *are* scientific, and eigenvectors are very useful when it comes to linear systems of differential equations, which are used extensively in engineering. (Note: I'm assuming you know this, of course, but that many other readers don't).

    There is also a lot of programming which involves physics in some form or another, or at the very least differing rates of change -- multivariable calc is important for writing games, financial anaylsis tools, and more.

    Yes, there are a lot of programs on the 'hello world' level, and equally many more that don't ever descend into the gritty world of math, but even so, the designers of these programs would do well to have a basic understanding of the math behind the tools they use. How, otherwise, can a coder know what 'going quadratic' means, and how to avoid it, in terms of a search algorithm? What about having an understanding of inductive logic, so that they can write routines iteratively, rather than recursively? Would you trust an encryption scheme designed by someone with no experience in number theory?

    I will admit, I'm biased -- I'm a math-and-science guy, with an emphasis on math, but my original point stands. Namely, that without the requisite background knowledge in mathematics, writing good code on these big calculating machines we call 'computers' is nominally an accident. Ergo, a Good Programmer needs this skill, and is much more rare than Some Guy Who Took Visual Basic Once In Junior College.

    --

    --
    I Hit the Karma Cap, and All I Got Was This Lousy .sig.
  85. weaseltronics by Doc+Ruby · · Score: 4, Interesting

    This is one of the instances in which geeks are naive to the weaselly, successful ways of lawyers and politicians. The geek instinct is to first survey the complete territory: "how many violations can we grep across the Net?" The lawyer or politician would first identify a few highly vulnerable violators, and take them out, before hinting that perhaps "everyone does it". They'd build momentum, gaining mindshare for the idea that "you better not do it". By the time they did their "complete survey", they'd have already shrunk that population through intimidation. Before creating more, by promoting the idea that it's widespread.

    Geeks have to start thinking more about "social impedence" feedback problems. Maybe all the recent work by programmers in modelling social networks, filled with live normals, will create some conventional Usenet-style wisdom. We've got to learn through data what the accomplished weasels seem to know by instinct: defining the scale of the problem prematurely can increase its scale. Computers are sitting ducks - solving people problems requires a much more dynamic approach.

    --

    --
    make install -not war

  86. Good thing! by prisoner-of-enigma · · Score: 0, Troll

    It's nice to know that someone is looking after the GPL.

    After all, as everyone here on /. knows, copyright violators are bad people who need to be punished. Right?

    Now, everyone go and enjoy your vast collection of pirated MP3's and DVD's you downloaded last month via Bittorrent. You can all nod your heads in a knowing, philosophical manner as you examine your hypocrisy and double standards.

    Attempts to justify your copyright infringement activities in the name of "sticking it to the man" or other variations of socio-economic class warfare will be automatically redirected to /dev/null.

    --
    In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    1. Re:Good thing! by Anonymous Coward · · Score: 2, Insightful

      i was under the impression that slashdot forumns and comments are made up of many thousands of people with differing opinions, often times leading into hot debates regarding such issues as copyright...

      thank you for clearing that up, slashdot is only one entity with one opinion on everything.

      idiot...

    2. Re:Good thing! by prisoner-of-enigma · · Score: 0

      If you are in any way suggesting that the prevailing opinion on /. is not in favor of massive copyright infringement when it comes to CD's and DVD's, you're either lying or hopelessly naive. Given your stance, I'd feel safe betting on the former.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    3. Re:Good thing! by pentalive · · Score: 1

      Manual Moderation +1 insightful

      I wonder if the whole reason we are seeing "trusted computing" and copy protected CDs is the mass copyright violation of the napster crowd.

    4. Re:Good thing! by pclminion · · Score: 1
      After all, as everyone here on /. knows, copyright violators are bad people who need to be punished. Right?

      In one case, copyright is being used as a tool to protect the ability to freely disseminate and modify works. In the other case, it is being used as a tool to restrict freedom of distribution and prevent modification.

      I'm not going to bother telling you my personal opinion on the matter, but given the differences in the two scenarios, it should not be surprising that freedom-minded people might be more supportive of the first use of copyright, and more critical of the second.

    5. Re:Good thing! by prisoner-of-enigma · · Score: 4, Interesting

      In one case, copyright is being used as a tool to protect the ability to freely disseminate and modify works. In the other case, it is being used as a tool to restrict freedom of distribution and prevent modification.

      I love your twisted logic here, justifying copyright infringement on the one hand because it promotes "freedom" but condemning it on the other because it promotes the "freedom" to disseminate. Orwell would love you.

      Here's the situation, and it's not a shade of grey as you imply: copyright infringement is either good for all or bad for all, you can't pick specific instances where it's good for some and bad for some. That's called subjectivism, and it has no business intruding into a legal matter such as copyright infringement. Open that door and all law suddenly becomes entirely relative, and you do not want to go down that path. Is murdering a white supremacist wrong? Sure, the world's better off without him, but does that make murder "right"? You cannot use the "it's for the greater good" argument because there is no "fair" way to define the greater good. What's good for you is most likely bad for someone else. That's why these matters must be objective, not subjective.

      So, which is it? Would you stand on a hill and defend my right to violate the GPL however I see fit? I doubt it.

      Don't look now, but your double standard is showing. Perhaps you'd be more comfortable with this definition instead.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    6. Re:Good thing! by pclminion · · Score: 1
      I love your twisted logic here, justifying copyright infringement on the one hand because it promotes "freedom" but condemning it on the other because it promotes the "freedom" to disseminate. Orwell would love you.

      I explicitly did not state my opinion on the matter. If you are going to base this conversation on assumptions, then the conversation is over.

      Had I written "It is not surprising that the family of a murder victim might want to kill the murderer," would you have assumed that I am advocating vigilantism?

    7. Re:Good thing! by tweek · · Score: 3, Insightful

      Freedom minded people might also want to appreciate someone ELSE'S freedom to distribute his works under whatever license, agreement and policy they wish.

      It's a double-standard pure and simple. I'm not saying that the majority of slashdotters are downloading movies and music against copyright law unlike the GP but I will say this.

      The same fucking power and ruleset that the GPL is using is the same fucking power and ruleset that copyright holders are using.

      The GPL is a copyright. Copyleft is just a cutsie term that the FSF attached to it. I love the GPL. I love libre software. I appreciate the FSF working WITHIN the law just as the Nature Conservancy works with contract law to preserve greenspace.

      The question of someone's vigilante method of serving notices (I can't read the original site to determine if he is operating as counsel for the FSF) is a different issue. The pure and simple fact is that people who download or distribute music against the original terms of copyright are just as shitty as people who download or distribute GPL code against the terms of the GPL.

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    8. Re:Good thing! by Anonymous Coward · · Score: 0

      Here's the situation, and it's not a shade of grey as you imply: copyright infringement is either good for all or bad for all, you can't pick specific instances where it's good for some and bad for some.

      I call "B.S." The legal system allows you to kill someone in self-defense. That is "subjectivism." The law allows for mitigating cirsumstances and different penalties depending on the subjective "intent" of the committer. Your argument is wrong.

      The concept behind the GPL is "make sure everyone has the freedom to read/use/change this stuff." The base concept behind the music industry is "make sure we suck as much money out of the people as possible." These two concepts could hardly be more different.

    9. Re:Good thing! by prisoner-of-enigma · · Score: 1
      I explicitly did not state my opinion on the matter. If you are going to base this conversation on assumptions, then the conversation is over.

      Pleading the Fifth Amendment isn't going to win you any points here, bub. You explicity did not state your opinion, true. You did, however, say the following:
      I'm not going to bother telling you my personal opinion on the matter, but given the differences in the two scenarios, it should not be surprising that freedom-minded people might be more supportive of the first use of copyright, and more critical of the second.


      The latter half of the last sentence is an implicit justification of copyright infringement. If you are (a) unwilling to state your position on the matter and (b) arguing a point that supports copyright infringement, it logically follows that you feel your opinions differ from mine (hence the reticence to disclose them). If you wish to end the conversation, be my guest, but you alone are responsible for the image you project to others. If you don't wish to be categorized in this manner, perhaps you should state your fucking opinion and remove the doubt. Or perhaps you should stop ducking the issue, which you are so artfully doing. There's nothing worse in this world than a fence-sitter who acts like they're "above it all."
      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    10. Re:Good thing! by prisoner-of-enigma · · Score: 1

      I call "B.S." The legal system allows you to kill someone in self-defense. That is "subjectivism."

      No, it's not. Self-defense is not defined as "justified murder", they are two completely different concepts. If you're too naive to understand why, this conversation is pointless.

      The concept behind the GPL is "make sure everyone has the freedom to read/use/change this stuff." The base concept behind the music industry is "make sure we suck as much money out of the people as possible." These two concepts could hardly be more different.

      You're missing the point, perhaps because you're trying very hard not to think too much about the implications of copyright infringement. The law in this matter is clear, not fuzzy at all: a copyright is a copyright is a copyright whether it applies to the GPL or the RIAA. The law doesn't state "copyrights are only for nice people with nice ideas." You seem to think it should say that, so I encourage you to lobby your elected representatives to change the wording of the law. That way only nice people get the protection of the courts, and all those nastybad, doubleplus-ungood people get none at all.

      You are a nice person, aren't you? I sure hope so. I'd hate for someone with a differing view from yours to classify you as a bad person. In your world, that would be very bad.

      Perhaps you should think about the implications of what you're proposing before you propose it next time. There's a reason justice is supposed to be blind. In your world, you'd prefer she peeks at Santa's list to make sure you deserve protection.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    11. Re:Good thing! by pclminion · · Score: 1
      The latter half of the last sentence is an implicit justification of copyright infringement. If you are (a) unwilling to state your position on the matter and (b) arguing a point that supports copyright infringement, it logically follows that you feel your opinions differ from mine (hence the reticence to disclose them).

      For a person who apparently prides himself for objectivism and clear thinking, you aren't really shining here. My opinion has no bearing on the conversation, but to appease the beast, here it is:

      I work at a commercial software company. We have a total of 55 employees. Our code is most definitely not open source, and we use copyright to retain control of our products. Given that we are in a niche market, we have not yet had significant problems with piracy. Nevertheless, we take certain steps to make it more difficult to pirate our software. I have been involved in the development of those measures.

      When I was in college, I used to download MP3s. Mostly, these were legal music files from MP3.com (now defunct, at least as it was back then). Yes, there were some illegal files in there. In the last several years, the total number of MP3s I have downloaded illegally is precisely zero. I fully see the hypocracy of saying one thing and doing another, so I do not participate in that activity.

      However, my personal ethics aside, I am capable of understanding, if not agreeing with, the viewpoints of other people. A very smart person (I forget who) once said that wisdom is being able to entertain a notion without agreeing with it. That's all I'm doing here.

      If you don't wish to be categorized in this manner, perhaps you should state your fucking opinion and remove the doubt.

      Perhaps it is you who should stop categorizing people based on a lack of evidence. You sing the praises of the legal system, a system based on the assumption of innocence, and yet while doing this you accuse me of unethical behavior merely because I did not find it relevant to state my opinion. In my book, that's "hypocracy."

    12. Re:Good thing! by mrchaotica · · Score: 1

      I would stand on a hill and defend the idea that "information should be free." If the GPL advances that idea, I'll support it. If copyright infringment does so, I'll support it too. It's no "moral relatavism" or double standard at all, because copyright infringment and the GPL are not the ideas being defended at all, but merely tactics.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    13. Re:Good thing! by SydShamino · · Score: 1

      >> Here's the situation, and it's not a shade of grey as you imply: copyright infringement is either good for all or bad for all, you can't pick specific instances where it's good for some and bad for some.

      Not true. Any item created within the past 28 years could be covered by copyright as it was envisioned by the writers of the constitution - 14 years with a single renewal of 14 years.

      Any item that is currently copyrighted and has been so since 1925 violates the Constitution "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

      I don't care what Congress or the Supreme Court says right now. It's ok to disagree with the law, and in this case the law as currently written is wrong.

      Thus, just from that argument there are two types of copyright infringement - that done with items that are protected for a reasonable time, and that done with items protected for an unreasonable time. Here already are two options where it can be good or can be bad.

      Now you might argue that the law is the law, and if you disagree with it you can change the law but you can't ignore the law. If you do, though, you are getting into those shades of grey that you claim don't exist.

      --
      It doesn't hurt to be nice.
    14. Re:Good thing! by Sanction · · Score: 1

      Actually, in the states I have lived in, killing in self defense falls under the category of "justifiable homicide." It is still legally murder, but murder under a set of circumstances that mitigates or removes punishment. The taking of a life by an individual is never lawful, the state simply recognizes that circumstances and intent can completely change the nature of a given crime.

      Another example is the development of the fair use doctrine. It is not an explicit modification of copyright rights, but an affirmative defense (just as self defense is) that states legally acceptable justifications for violating copyright law. These defenses have been further modified through legal precedent, and take into account the purpose and character of the use of copyrighted material. In practice, copyright law is in fact a very subjective area when it comes to what is a violation and if or how it should be punished.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    15. Re:Good thing! by prisoner-of-enigma · · Score: 1

      On the one hand you quote the letter of the law ("To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;") but in the same breath discount the "spirit" of the law ("I don't care what Congress or the Supreme Court says right now.") Fascinating how you bend things to fit just what you want, disregarding all the rest. Too bad there's nearly a century of case law that says you're wrong.

      Now, there is one small point where we agree: I disagree with current copyright law. I think it's overly restrictive and panders to media moguls and the like. Odd, then, that I'm defending copyrights, eh?

      And that's where most people misunderstand me. I'm not defending copyrights. I'm simply against this self-appointed vigilantism that says it's OK to "steal" from someone else because the law is wrong. This "two wrongs make a right" logic is disgusting, but in reality I doubt most MP3 pirates don't care one whit about the law. They want their free music and DVD's and to hell with everyone else, nevermind the fact that hundreds or perhaps thousands of people expended effort to produce the works they are pirating. They cloak their own personal greed in the guise of playing Robin Hood, stealing from the rich and giving to the...well, not the poor since it's difficult to imagine anyone with a PC, MP3 player, and broadband Internet connection "poor." It is a lie, and I despise lies of this kind more than any other.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    16. Re:Good thing! by SydShamino · · Score: 1

      >> On the one hand you quote the letter of the law ("To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;") but in the same breath discount the "spirit" of the law ("I don't care what Congress or the Supreme Court says right now.")

      Nonsense. Congress and the courts have already tossed out the spirit of the law. I do not discount it but embrace it.

      >> Too bad there's nearly a century of case law that says you're wrong.

      As I already said, the whole century of case law is wrong. We had almost two centuries of case law that said blacks were less than whites, and we tossed all that out. We have a century of case law that says corporations are people, and all that is wrong, too.

      I'm not arguing at all whether copyright infringement is illegal. I'm just saying that there are shades of grey between the black and white extremes. Your parent post said there were none; hence your post was incorrect.

      --
      It doesn't hurt to be nice.
    17. Re:Good thing! by Anonymous Coward · · Score: 0

      Don't look now, but your ignorance is showing. You seem to be under the mistaken assumption that the collection of laws governing this country is a clear, objective, impartial and consistent entity.

      Let's look at some laws then, shall we? Here in California (I believe it is California - feel free to correct me), there are three laws that govern the size of the knife that you may carry on you. Two of them are mutually exclusive. Again here in California, a law was recently changed concerning what cars can be driven on public roads. The lobbyist for that law, Bill Gates, was then finally able to drive his Porsche 959 on the road. Or maybe you would like to look at the tax code, all 6000+ pages of it. Neither concise nor clear, as evidenced by the myriad ways people can hide income, depending on how much they know of it. Furthermore, laws are frequently sold as being "for the greater good". Patriot Act? For the greater good of a safe US. Medicaid reform? For the greater good of the supporting the elderly.

      Finally, there's always Bismarck's quote: If you like laws and sausages, you should never
      watch either one being made.

      In short, the only thing that you managed to demonstrate is a slavish adherence to the letter of laws and a complete lack of understanding of how laws are made. Whew, for a second I thought that your high moderation meant that I had to take your argument regarding copyright seriously. I think I can keep on quoting Lawrence Lessig rather than prisoner-of-enigma.

    18. Re:Good thing! by Anonymous Coward · · Score: 0

      Not that the Napster crowd cared about little distinctions, but the original idea of copyright was that it should ensure the author got rewarded for a limited time. So he could drop out of menial labor, do something creative, reap the rewards, and then either go back to menial labor or be creative again.

      With copyright being extended to infinity in slices of twenty years, and similar rules being rammed down other governments' throats worldwide, we can expect to see a lot of barely rehashed stories, songs, and other artwork because that'll be cheaper and less risky than being creative and original.

  87. Re:So what? by Anonymous Coward · · Score: 0

    LOL! Funny AND Insightful.
    Too bad we have retarded moderators here.

  88. How about smaller violators? by russotto · · Score: 4, Interesting

    sveasoft (gpl-violations is slashdotted, so maybe they are listed)

    1. Re:How about smaller violators? by McFly777 · · Score: 4, Interesting
      Parent implied Sveasoft is violating.

      IIRC, Sveasoft cleared their current distribution policy with the FSF. In other words, just because you may not like it doesn't mean that it is violating.

      For those who don't know, Sveasoft charges for support and access to their latest product. Under the GPL you are legally allowed to redistribute said GPL'd Sveasoft product, however doing so cancels your support contract with Sveasoft (and access to the latest from Sveasoft).

      I believe that this hinges on the point that while you are required to provide source to anyone who you distribute a binary to, you are not necessarily required to provide binary to anybody in general.

      --

      McFly777
      - - -
      "What do people mean when they say the computer went down on them?" -Marilyn Pittman
    2. Re:How about smaller violators? by Anonymous Coward · · Score: 5, Interesting

      Sveasoft has a history of misrepresenting the facts and deliberately misinterpreting the GPL. He invented the "in development source need not be released even if the binaries are out there" bullcrap. The FSF did not have access to the whole story and clearly did not see that James Ewing is not willing to have "his" software redistributed. The FSF's approval appears to be solely about Sveasoft's direct duty: Whether or not they have to provide source to anyone. It is clear that, under the assumption of source and binaries being delivered together, they are not obliged to provide source to anyone but their subscribers. That is not what the debate is about. The GPL is about freedom of reuse and redistribution of modifications which are not entirely in-house. James Ewing does whatever he can to restrict that freedom. He does not provide source in time (before the pay scheme he did not release the source to certain versions at all), he only provides source that compiles to binaries which are deliberately different from the ones he distributes, he threatens users who use their GPL given distribution rights. If that is not breaking the GPL, it's an utterly useless license.

    3. Re:How about smaller violators? by Minna+Kirai · · Score: 1

      What about even smaller violators, that aren't even corporations?

      I'm thinking about OpenZaurus here. 3 years ago they were notified by the FSF that they were violating the GPL (by distributing modified Linux as binary-only packages), and they still do it today.

      (Note: OpenZaurus has often released patches which could theoretically be used to reproduce the source code, but that isn't enough to comply with the GPL. You are required to provide the full source code alongside any binaries)

    4. Re:How about smaller violators? by russotto · · Score: 1

      He send a misrepresentation of a part of his distribution policy to FSF and FSF didn't have a problem with that. Out in the real world he's sent _DMCA Notices_ to ISPs hosting GPLed Sveasoft software. He's also now changed the license on the software (which was based on GPL software not his). And the bit about distribution canceling your paid-for support contract (which I feel quite sure he didn't tell FSF the whole story on) is an "additional restriction" forbidden by the GPL.

      Added to that, he doesn't release the source of current versions, and when he releases the source it isn't complete (he leaves out the bit containing the part he uses to track people who distribute, for one thing). He's violating left and right.

  89. Re:Sigh by optimus2861 · · Score: 1
    And those rules, by contrast, are incredibly simple: Pay for what you take, and don't give people copies. But any time somebody like the RIAA or the MPAA try to enforce those rules, you guys go positively batshit over it.

    Maybe if the law didn't mandate things like statutory damages in the order of thousands of dollars per infringement people wouldn't be quite so critical of RIAA's tactics? When I can potentially be sued for 20 counts of copyright infringement for sharing 20 songs with a combined retail value of maybe $20 and be potentially on the hook for a minimum of $15,000 and a maximum of $3,000,000 (!) in damages it doesn't take very long for us mere peons to cry, "FOUL!"

    So, is this GPL-violator guy asking for/threatening thousands of dollars in damages each time he sends out a letter?

  90. Re:Sigh by Anonymous Coward · · Score: 0

    "You guys?"

    What, everyone who writes GPLed software is a music pirate?


    Don't be an ass. This is a pretty fair understanding of the prevailing attitude on Slashdot.

    How many articles and posts are there decrying any action of the MPAA and/or RIAA to try and enforce their license terms (however hackneyed or backwards we may personally believe them to be)?

    How many articles are there on "open source is good!" "GPL is good!" "More things should be released under the GPL!"?

    See the point he was making?

  91. Re:Sigh by GileadGreene · · Score: 1
    Your understanding of the GPL is indeed limited. In fact, you have it confused with the original BSD license. The GPL essentially specifies that if you wish to redistribute an original or modified binary version of GPLed code, then you must also make the corresponding source code available (under a GPL license) to any recipient of the binary who requests it. See here for more info.

    The situation with the GPL is precisely analogous to the situation with downloaded music. (Most) music copyright owners expect a payment of some kind in exchange for their providing you with music. Creators of GPL code also expect payment. The only difference is that the music owners expect payment in the form of money, while GPL code owners expect payment in the form of more GPL code. In both cases, you legally have no right to distribute or use the music or code unless you make the appropriate payment - it's just that the terms of payment are different. In both cases, you have the choice not to accept the terms imposed by the owner of the work, by choosing not to use their work (and finding e.g. an independent artist who allows free downloads, or software that is distributed under a BSD or MIT license).

  92. Re:Programming != Math by Hiro+Antagonist · · Score: 1

    First, the math thing was more of a side-point, not a main point.

    Second, you don't trap future development! The GPL mandates that source code must be made available. Licenses like the GPL specifically allow one to make modifications to the code as they wish, provided that any redistribution includes those changes. This encourages development!

    What the GPL *does* do, is prevent other people, the freeloaders, from taking all that work, rebranding it, and selling it at a profit. It keeps the rights to the code squarely where they belong -- in the hands of the developers who funded the work and provided the labor, not in the hands of unscrupulous businessmen who are out to make a quick buck on the generousity of others.

    --

    --
    I Hit the Karma Cap, and All I Got Was This Lousy .sig.
  93. Re:Sigh by Anonymous Coward · · Score: 1, Insightful

    Then people should be bitching about the magnitude of penalty and not the fact that there are indeed penalties.

  94. Re:So what? by ballantrae_j · · Score: 0, Redundant

    Totally agree. You hit the nail right on the head. -ron

  95. Re:GPL too restrictive by russotto · · Score: 1

    You can use GPL libraries in your proprietary code and sell your closed code, provided your distributed binary is not a derivative work of those libraries.

    The LGPL allows you to do so even if your distributed binary IS a derivative work.

    Whether something is or is not a derivative work is a subject for the law and not something which the license can set out (because if it's not a derivative work, the license doesn't apply).

  96. Re:GPL too restrictive by Anonymous Coward · · Score: 0


    You are free to use GPL libraries in your proprietary code without releasing your code, and to sell your closed code. Try again.


    Bzzzzt. Try again yourself.

    You are free to use LGPL libraries in your proprietary code without releasing your code, and to sell your closed code.

  97. Re:So what? by youknowmewell · · Score: 1

    Your argument only works partly. What I mean is that your argument only works the throw those arguments back in the faces of those who use them against corporations and organizations like the RIAA. You aren't really disagreeing with the idea that intellectual property needs protecting, but you are disagreeing with those who dislike big businesses protecting their intellectual property. You know as well as I do that nobody is going to enforce the GPL against college students or grandma, and you know that this action to protect GPL'd software isn't for simple "copy-and-paste theft" but rather huge portions making up the majority of the software these companies are using.

    It will be interesting to see how this plays out. The GPL and BSD licenses will become equivalents if the GPL isn't protected sufficiently.

  98. Re:GPL too restrictive by GileadGreene · · Score: 1
    Usually, if there's a demand, a supply manifests itself. it's automagic, really.

    Yes, but that supply usually manifests itself because the people doing the supplying see some kind of benefit in meeting the demand. Usually because they get financially compensated. Sometimes for other reasons. But always because they get some beneift from it. Whether or not there will be an "automagic" supply of free information depends a lot on what the incentives are for suppliers of that information.

  99. Re:Sigh by Anonymous Coward · · Score: 1, Insightful

    And YOU miss the point entirely by holding up your personal standard of what's "right" and saying that, clearly, that's what the courts should enforce, regardless of the law in question.

    I'm sorry, but an MP3 of a Britney Spears song hardly qualifies as "information." It is (at least by the legal definition) a work of art. And it is therefore protected by copyright.

    The author of a copyrighted work can choose to publish it or not. That's THEIR decision--not YOURS. IF they chose to share or publish it, they have the legal right to impose terms on that sharing. If you don't like the terms, you don't have to accept them. But then you don't get to see/hear/use that person's creation.

    But to somehow claim that YOU PERSONALLY have some kind of "right" to take whatever you chose from whoever you chose whether they want you to or not under some "principle" of information freedom, frankly, offends me, and should offend anyone who has ever created something, be it art, music, or software. I made this--it's mine. It's not yours. If I'm so inclined, I am willing to let you share it if you agree to some rules. To say you can ignore any rules you don't agree with is arrogant beyond measure.

  100. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    So, what, you want developers who AREN'T wary around GPL'd code, so that they just blatantly use it without paying attention to anything? Thereby, exponentially increasing the chance someone is going to use your code without respect to the license you set forth?

    What are you, a fucking idiot?

  101. Googlebot is the weak point of the search model by Maljin+Jolt · · Score: 0, Offtopic

    The core of the problem is googlebot itself. Since it is distinguished from ordinary user by it's own identification and behavioral patterns, it disqualifies itself from Turing test in comparision with ordinary user. So it is easy to be spoofed at.

    There may be usefull another layer for googlebot, which checks for authenticity of links/redirections by mimicking human behavior, disguised as some widely used browser. There is no need to check everything, that would create a detectable pattern again, but just a heuristicaly selected subset of the web site.

    --
    There you are, staring at me again.
    1. Re:Googlebot is the weak point of the search model by Maljin+Jolt · · Score: 1

      Damn, I am sleepy, that should go to 302 Google Exploit discussion ;-((

      --
      There you are, staring at me again.
  102. Re:GPL too restrictive by Kergan · · Score: 2, Informative

    I must have missed something. I remember reading somewhere in the GPL license that you need to distribute the source code along with the program... I do not recall, however, that the program and its source should be free (as in costless). Nor do I recall that the source code should be readily released to the community.

    Correct me if I'm wrong, but I believe are all the following are valid:

    - Under the GPL, I can take your code, modify it for my usage, and never release the end result to you or anybody else. Your code is released under the GPL, which sets limits to the way I distribute work based on yours. Not to the way I use it.

    - Under the GPL, I can take your code and sell it to my customers, as long as I release your code to my customers. Moreover, I can sell them the upgrades and bug corrections that you release. Sure, some customers will become aware of this and will download your code for free, since it is there to grab. But most won't, because they won't be aware it exists or where to download it in the first place.

    - Under the GPL, I can take your code, modify it, and sell it to my customers, as long as I release the resulting code to my customers. Arguably, they must release their source code if they build on top of it and decide to distribute the finished product, since mine and yours are released under the GPL. But they also have the right to never release the work I did to you or to anybody else. And most will, especially if the resulting code is specific to their business processes.

  103. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Actually, thats just what the GNU people think. Its not nessecarly the way it is.

    Honnestly, the GPL just giving you limited rights held by the copyright holder. However, the interface with that program is NOT copyrightable and so you are free to interface with it without needing to GPL your own code (thier flawed analysis be damned).

    As long as you do not distribute the GPLed code with your own, there is nothing they can do. :)

  104. You're making the mistake of ... by schon · · Score: 5, Insightful

    .. assuming that there is willful infringement in every case, and that the companies involved will not comply with the letters. This is a pretty big assumption.

    I guess you flunked out of charm school, and I guess you've never heard of the old adage "you can catch more flies with honey than with vinegar", so I'll spell it out for you here:

    Making threats against a neutral party will usually make them a hostile party.

    If they are neutral and you threaten them, you're damaging your own cause, because you'll be souring them on OSS and the GPL.
    If they're hostile and you threaten them, then you don't gain anything.
    If they're neutral and you ask them nicely, they just might comply.
    If they're hostile and you ask them nicely, you haven't lost anything.

    By sending the letters, the companies who are doing this understand that we're not all rabid loser anti-corporate zealots. Making threats will do nothing more than sour them on the GPL and open source in general.

    1. Re:You're making the mistake of ... by latroM · · Score: 1

      By sending the letters, the companies who are doing this understand that we're not all rabid loser anti-corporate zealots. Making threats will do nothing more than sour them on the GPL and open source in general.

      What if you infriged the copyright of some of the companies who don't obey GPL. Would they be nice? Hell no, you would have the police, the BSA, lawyers and all the shit over you in no time.

    2. Re:You're making the mistake of ... by quantum+bit · · Score: 2, Insightful

      That's why we're the good guys, and they're the bad guys.

    3. Re:You're making the mistake of ... by schon · · Score: 1
      Making threats will do nothing more than sour them on the GPL and open source in general.


      What if you infriged the copyright of some of the companies who don't obey GPL. Would they be nice? Hell no, you would have the police, the BSA, lawyers and all the shit over you in no time.

      So.. you're saying that if you sour them on the GPL, then this (hypothetical) company *won't* send the police, BSA, etc?

      You'll have to convince me - I don't believe that for a second.
    4. Re:You're making the mistake of ... by swillden · · Score: 1

      If they're hostile and you threaten them, then you don't gain anything.

      Good post otherwise, but this isn't true. Lawyers often threaten precisely because even hostile parties will sometimes cave when presented with a threat.

      However, your point stands. You may as well ask nicely first, because it costs you nothing. If that doesn't work, then start threatening a lawsuit. If the threat doesn't work, then you have to decide if you care enough to carry it out.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:You're making the mistake of ... by schon · · Score: 1

      Good post otherwise, but this isn't true.

      Thank you, but I respectfully disagree. Threats mean nothing unless they can be backed with force.

      Lawyers often threaten precisely because even hostile parties will sometimes cave when presented with a threat.

      The fact that you're willing to spend money on a lawyer means (to most people) that you've got that force.

    6. Re:You're making the mistake of ... by swillden · · Score: 1

      I didn't realize you were talking about empty threats. OTOH, even empty threats are probably worth a shot (after asking nicely doesn't work).

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  105. No big surprise... by MerlinTheWizard · · Score: 1

    I'm even pretty sure there are some GPL violators amongst the companies that fight against OSS (or at least trying to prove how bad and communist OSS is)...

    "Honesty is such a lonely word..."

  106. As a former member of the BSA by Anonymous Coward · · Score: 0

    This one, that is - I wish I had mod points!

  107. Re:Sigh by TheViewFromTheGround · · Score: 1
    I suspect the fraction of free software developers who infringe many copyrights is lower than the fraction of general internet users who infringe many copyrights, just because the former tend to be more familiar with the law and what it takes to produce a copyrightable work.

    This diverges slightly from the file-trading theme here, but to extend your point: Many of us who use free software started to do so in part because we didn't have the means to legally obtain and use much of the software we used previously. Some people have moved to free software because they can't or don't want (for various reasons) to pay Microsoft, etc. to use their software, but also don't think that violating copyright is a moral thing to do either.

    --
    Online citizen journalism from the inner city: The View From The Ground
  108. Re:GPL too restrictive by EllisDees · · Score: 1

    >You can use GPL libraries in your proprietary code and sell your closed code, provided your distributed binary is not a derivative work of those libraries.

    What's the point of having gpl libraries in your code if you're not using them? AFAIK, linking to them does create a derivitave work, just as adding a few verses to a song would.

    --
    -- Give me ambiguity or give me something else!
  109. Re:Sigh indeed by Anonymous Coward · · Score: 0
    I don't know where to start. I must not be one of your "you guys", as I do not copy music, and I do write GPL'd software. I even get paid to do so.

    As to playing by rules, by all means. When I write a piece of software, the rules say I have the copyright to it (or my workplace has). I kindly allow you to run and copy that program as much as you please. I do not immediately allow you to take the source code and put in your own program, but that should only be a concern to someone who writes programs. If you want to copy parts of my code into your own program, I allow you to do so under some conditions, which you may or may not find confusing, but which are actually quite simple: You have to release the combined work under the same license. As long as my program contains only my own code, I can sell it under alternative licenses, and make big money on it. As soon as I have borrowed someone else's GPL'd code in it, I will either have to make an explicit agreement with the owner of that code, or release the whole thing under GPL.

    As to MPAA, RIAA, and their ilk, I do not disrespect them because they wish to stop illegal copying. I disrespect them for their clumsy and heavyhanded tactics, exaggerated claims, silly campaigns, and their inability to see how the times are changing. That is reason enough for me.

  110. GPL vs RIAA by wurp · · Score: 5, Insightful

    I've written GPLed code. I've protested what the RIAA and MPAA have done. I'll tell you why on both counts.

    I write GPLed code as a step towards making someone else's life better. I like writing software, the code I GPL I would be writing anyway, and making it GPL doesn't harm me in the least. I make it GPL instead of BSD or public domain because I want to see the amount of freely available software increase as rapidly as possible, and I think the GPL promotes that.

    Now, what's wrong with the RIAA and MPAA trying to enforce their copyright? If it were that simple, nothing. But I'll tell you what... these guys have successfully lobbied to take the vast majority of what would be in the public domain, a part of common culture expected to be commonly available, and made it their private property. Companies like Disney are founded on public domain material - Grimm's Fairy Tales, Pinnochio, Sleeping Beauty, you name it. They didn't pay a dime for those stories, stories that someone else wrote and the culture validated, because those stories had passed into the public domain.

    Since then, Disney and other MPAA companies have successfully lobbied a 28 year copyright period into *120 years*. They go back and lobby for another 20 years every time their oldest works, the ones they built on public domain material, are about to fall out of copyright. This is no less than organized crime - bribes given to lawmakers to steal our culture from us. That's item 1.

    The MPAA and RIAA are working very hard to make general computing illegal. A general computer is fantastically useful - it has transformed the lives of billions. Open systems based on simple principles can yield unbounded potential. The internet is a new testament to that fact, if the prior success of general computers weren't enough. But the MPAA and RIAA believe that general computing is a danger to their revenue, since it allows copying without flaw any information you have available to you. So the MPAA and RIAA, whose members' revenue is a fraction of that of the computing industry, but who control access to public attention and famous figures, lobby governments continually to make computers without DRM illegal. Have no doubts about it, mandatory DRM *will* cripple your computer. It *will* end up in a place where all of your personal information is available to "reputable" companies, where use of programs written by "unreputable" companies will be illegal to run, and where government sanctioned monopolies will charge exorbitant fees to vendors so they can release programs that actually run under DRM. You will see programs that cost money each time you use them, and more money to use them in more sophisticated ways. And using them in innovative ways that the creator never thought of? This will be simple impossible. This is the future if mandatory DRM is allowed to pass. That's item 2.

    Finally, the penalties for copying the mass marketed tripe they produce are ludicrous. Charging 10 times the value of the illegally copied goods might be reasonable, both as a penalty and to account for the offenders that you can't catch. But the penalties are 100s or 1000s of times the cost to buy legal copies in stores. The penalties are totally disproportionate to the offense. That's item 3, minor as it may be in comparison to the other two.

    That's why some of us get outraged when organized criminals call us communists for happily giving away our works, and name people who copy material that should have been part of the common culture after brigands of the sea who rape, murder and steal.

    1. Re:GPL vs RIAA by mrchaotica · · Score: 1

      Congratulations, you've just been bookmarked. Great post!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:GPL vs RIAA by bbc · · Score: 1

      Well put!

  111. Re:Sigh by Anonymous Coward · · Score: 0

    Yes, and the license terms are different. His point was that, in both cases, their are license terms being violated against the wishes of the licensor.

    In the case of GPL'ed software, sharing is expressly permitted by the license. However, one term of the license agreement is that "if you take it, you muse share your derived works." So, downloading and using is fine, assuming you share what you make with it.

    In the case of recoded music, sharing is expressly prohibited by the license. You do NOT have a license to copy the music, or share the music with others, so doing so is a violation.

    The Supreme Court put some restrictions on how that license can be enforced with the "fair use" concept in the Betamax case. But they did NOT say that "copying, sharing, etc., in all it's forms is OK," and certainly sharing with strangers goes well beyond any "fair use" concept in the context of the Betamax case.

  112. Harald Welte at FOSDEM by dolmen.fr · · Score: 2, Informative

    Harald Welte did a very interesting presentation about GPL Enforcement in Germany at FOSDEM two weeks ago.

    He is one of the few, with Theo de Raadt, who really fight against proprietary software. See this Kerneltrap.org feature about OpenBSD fight against closed source drivers for wireless.

    1. Re:Harald Welte at FOSDEM by slavemowgli · · Score: 0, Troll

      Considering Theo de Raadt's main area of work is OpenBSD, which is licensed under a BSD license, I've got to admit I find it rather funny that you say he's fighting against proprietary software. I surely applaud his efforts to get wifi device drivers open-sourced, but still...

      --
      quidquid latine dictum sit altum videtur.
  113. bring in the DRUMS!! by ek-1000-ek · · Score: 2, Funny
    "Authorities in the city of Rajahmundry in Andhra Pradesh state are sending drummers around to create a noise outside homes until evaders cough up."

    http://news.bbc.co.uk/2/hi/south_asia/4340497.stm

    --
    where did my sig go? where's my sig at?
    1. Re:bring in the DRUMS!! by Frank+T.+Lofaro+Jr. · · Score: 1

      That wouldn't work in the USA.

      Here we consider "10 drummers drumming" a Christmas gift! :)

      +1, Funny

      --
      Just because it CAN be done, doesn't mean it should!
  114. Re:Programming != Math by Anonymous Coward · · Score: 0

    ...the math thing was more of a side-point, not a main point.

    That's nice, but the rest of the programmers/developers out there know you're just myopic. ...you don't trap future development! The GPL mandates that source code must be made available. ...This encourages development!

    Mandate: An authoritative command or instruction.

    I am unable to make additions and release under the license of my choice - that is a confinement because I'm considered automatically guilty.

    hiroMyopic++

  115. Re:GPL too restrictive by MarkSyms · · Score: 1

    That pretty much sums it up.

    But it only takes one of your customers to download the code and make it freely available.

  116. Re:Sigh by Anonymous Coward · · Score: 0

    But that's exactly my point, don't you see? That's the contradiction. You guys want everybody else to play by your rules when it comes to computer programs (those rules being fairly complex and confusing, from my point of view), but you have absolutely no desire to play by other people's rules when it comes to things like music and movies.

    And those rules, by contrast, are incredibly simple: Pay for what you take, and don't give people copies. But any time somebody like the RIAA or the MPAA try to enforce those rules, you guys go positively batshit over it.

    That's the contradiction. That's what I'm trying to point out. Hopefully somebody will read this and go, "Huh. I don't know if I agree, but he's got a fair point."

    When I take one of these songs I've downloaded, turn it into my own product, rerelease it and profit from it then we can talk...otherwise you are over simplifying the issue to make a flawed analogy...remember..just cause you CAN make some analogy, does not mean it's valid.

  117. Facts? by Saeed+al-Sahaf · · Score: 0, Troll
    But the code doesn't have to be distributed publically under the GPL. It only has to be distributed to those to whom the product was distributed.

    What are these "facts" you speak of? Don't cloud the issue with the idea that people should ACTUALLY read the GPL, and maybe make an attempt to ACTUALLY understand it. Who are you?

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  118. Re:Sigh by SuiteSisterMary · · Score: 1

    But enforced 'freedom' isn't freedom. Maybe it's a level playing field, and maybe it's a good thing, but it's not 'free' and it's not 'open.'

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  119. OSS piracy by Anonymous Coward · · Score: 0

    One thing threatening Open Source today--piracy.

    As we have already seen, the GPL is under attack from evil forces known as "pirates." These shadowy folk silently steal source code and violate the GPL, infringing on the rights of GPL authors. They are nothing more than thieves getting a free ride off the work of others, and I for one am disgusted at the idea of it. As you can see in the previous article, clearly Slashdot is also sickened by the idea of copyright infringement and piracy.

    Some have even called for a lawsuit against these pirate thieves. Suing individual infringers has always been a position that Slashdot and its readership has supported, so it's only fair that the original GPL authors protect their rights and safeguard their material from being stolen in the future. I think we should all support any lawsuits against these infringers to protect the rights of GPL authors everywhere.

    I appluad Slashdot and its readers for always taking a proactive stance against piracy and copyright infringement in general, and I would like to join the cause against this "source code theft." Piracy is a major threat facing OSS today.

    1. Re:OSS piracy by Anonymous Coward · · Score: 0

      Nice troll attempt. Not too shabby.

  120. Re:Sigh by shark72 · · Score: 1

    "You're making an entirely unwarranted assumption: That GPL developers routinely infringe others' copyrights. Most developers I know are very respectful of any copyrights on a work."

    You are most likely right. I would imagine that serious developers who've put their heart and soul into brilliantly crafted code will often understand that musicians (and anybody else who chooses an art form other than software development) also tend to work hard and don't want their rights violated, either.

    I think the bulk of the issue is Slashdotters who are aware of the rules regarding the GPL and other art forms, use the GPL as a convenient rationalization for music piracy, or piracy of non-GPL software. If not that, then they compare the GPL license with a typical license for, say, music or films, and believe one to be more equal than the other, while ignoring the fact that different media tend to have different uses, and thus different rules.

    --
    Sitting in my day care, the art is decopainted.
  121. OSS piracy by Anonymous Coward · · Score: 0

    One thing threatening Open Source today--piracy.

    As we have already seen, the GPL is under attack from evil forces known as "pirates." These shadowy folk silently steal source code and violate the GPL, infringing on the rights of GPL authors. They are nothing more than thieves getting a free ride off the work of others, and I for one am disgusted at the idea of it. As you can see in the previous article, clearly Slashdot is also sickened by the idea of copyright infringement and piracy.

    Some have even called for a lawsuit against these pirate thieves. Suing individual infringers has always been a position that Slashdot and its readership has supported, so it's only fair that the original GPL authors protect their rights and safeguard their material from being stolen in the future. I think we should all support any lawsuits against these infringers to protect the rights of GPL authors everywhere.

    I appluad Slashdot and its readers for always taking a proactive stance against piracy and copyright infringement in general, and I would like to join the cause against this "source code theft." Piracy is a major threat facing OSS today.

  122. Re:Sigh by ClosedSource · · Score: 1

    And many OSS companies aren't the authors of the software they sell and aren't doing anything to benefit the real authors.

    All of this is irrelevant, however. The question is whether you believe in IP or you don't. If you don't you shouldn't embrace the GPL or the RIAA.

  123. Site almost down, use Coral by Anonumous+Coward · · Score: 1

    Mirror here.

  124. Sounds like they're using the UN approach... by AKAJack · · Score: 0

    Kim Jong Il: Hans Bwix? Oh no!... Oh hewwo Hans, gweat to see you again!
    Hans Blix: Mr. Il, I was supposed to be allowed to inspect your palace, but your guards won't let me into certain areas.
    Kim Jong Il: Hans Hans Hans, we've been thwew this a dozen times. I don't have any weapons mass destwuction, okay Hans?
    Hans Blix: Then let me look around, so I can ease the UN's collective mind. I'm sorry, but the UN must be firm with you. Let me in, or else.
    Kim Jong Il: O else what?
    Hans Blix: Or else we will be very angry with you, and we will write you a letter, *telling* you how angry we are.

    1. Re:Sounds like they're using the UN approach... by Anonymous Coward · · Score: 0
      Haha! How tremendously FUNNY! I note you put Kim Jong II in because, well, Hans Blix actually investigated Saddam Hussein and turned out, contrary to what all the idiot wingnuts argued, to be COMPLETELY CORRECT!

      Even funnier, Blix had a job to do in Iraq whereas the UN has no mandate whatsoever to disarm North Korea!

      It must feel great to be an idiot wingnut. If you don't start off with a view of reality, you can continue along the same lines. America is popular! Saddam had WMDs! There's no innocent people held in Cuba by over-zealous US anti-terrorist investigators! Hans Blix just wasn't looking hard enough!

  125. Re:GPL too restrictive by dgatwood · · Score: 1
    As a general rule, if I write code under a BSD license, I avoid GPL libraries like the plague, as it severely limits what someone can do with my code without massive rewrites.... I'm sure I'm not the only one.

    The LGPL doesn't really allow derivative works to be closed source. The problem is that the GPL incorrectly defines derivative work in a way that is so unreasonably broad that merely doing #include <gplheader.h> could potentially make your project a derivative work. That's why the LGPL was specifically created to remedy what a sizeable percentage of FOSS developers consider to be a fundamental flaw in the GPL.

    In all likelihood, the implied linking restrictions in the GPL wouldn't hold up in court, so legally, the GPL and LGPL are probably equivalent. That said, most companies aren't willing to take that risk. And ditto for some BSD open source projects.

    Despite what some of the moderators seem to think, the ACs are right on this one. Developing an app as GPL is fine. Developing a library as GPL is really a cheap shot, and in the end, only hurts your library's acceptance in the general computing world, as it makes it nearly impossible for a closed source app (or even some BSD-like apps, depending on license variant) to use your library.

    If you're lucky and the library is useful enough, it may still be adopted in spite of being GPL-licensed, in which case, a BSD variant will inevitably be written. Suddenly you have two groups maintaining two versions of an essentially identical library (e.g. getopt_long). It's a total waste of time and resources, all for stupid political reasons that would have been obviated had the authors chosen a sane license for the library to begin with.

    There are only two appropriate licenses for libraries: LGPL and BSD. For GPL-like protections (without fascist linking restrictions), use the LGPL. If you don't care if someone does a closed-source derivative work, use BSD.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  126. Re:GPL too restrictive by Chirs · · Score: 1


    I hate to burst your bubble, but if you use GPL'd libraries in your proprietary code, the end result is *by definition* a derivative work of those libraries.

    This includes something as simple as including a GPL'd header file. The only reason why code is allowed to include kernel headers (which are GPL'd) is because there is an *explicit* exception made by Linus to allow it.

    If you are actually doing the above, you might want to talk to an IP lawyer.

    Chris

  127. Like the RIAA going after infringers? by Anonymous Coward · · Score: 0

    Like when the RIAA sues individual infringers?

    Or is Slashdot only for that when it's a GPL author? What a double standard.

  128. Why? by Anonymous Coward · · Score: 0, Interesting

    If you're only using open source code for in-house applications you don't have to abide by the terms of the GPL or any other open source license. This primarily stems from the legal definition of a corporation as a single "person". As long as any violating code remains within the company you aren't engaging in distribution.

    Do you have to run through legal whenever you want to install Tcl or Perl? What if you wan't to add proprietary extensions?

    1. Re:Why? by FuzzyDaddy · · Score: 2, Informative
      you don't have to abide by the terms of the GPL

      Actually, you are abiding by the terms of the GPL if you just use it in house. (As opposed to attempting to reverse engineer Windows, which is against the terms of the agreement, even if I do it by myself and don't tell anyone.)

      --
      It's not wasting time, I'm educating myself.
    2. Re:Why? by Jim_Maryland · · Score: 1

      Do you have to run through legal whenever you want to install Tcl or Perl?

      I work in a similar environment where any application must be reviewed and approved prior to installation, even if the application will only be used internally. Legal departments just want to make sure the company won't get in trouble (and likely to justify their existence).

      My company is changing it's policy a bit to specifically address the user of Free Open Source Software (FOSS). Historically this was under the policy I mentioned above, but given the nature of some FOSS licenses, the company is addressing these differently. The policy doesn't say we can't use FOSS, but it does outline risk so that a project fully understands what they are responsible for. As you've indicated, using code internally doesn't often present a great amount of risk, but as soon as you release anything outside your development environment, you better have everything covered.

      What if you wan't to add proprietary extensions?

      Well if you are using a GPL license and have any thoughts of distributing part GPL (original code) and part proprietary license (your code), you better understand the GPL license. The GPL has some specific language in it concerning use with proprietary add-ons, integrations, or extensions. I'd guess that most people probably don't "fully" understand the implications of the license and that's where legal departments try to reduce company risk.

    3. Re:Why? by DavidTC · · Score: 1
      Yes, and you're also abiding by the terms of the Magna Carta, as in, you're not violating them.

      The point was you don't need to agree to the terms of the GPL if you just use the software. And hence having to run use by legal is pretty idiotic. It's like running the use of an extension cord by legal...there are no circustances where use could affect anything, legally.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    4. Re:Why? by bbc · · Score: 1

      "The point was you don't need to agree to the terms of the GPL if you just use the software."

      You never need to agree to the terms of any license. (But if you do something the license does not allow you to, you are breaking the law.)

      More importantly: how come you are able to use software without copying it? Don't you copy your software from CD-ROM to hard disk? And then from hard disk to memory?

    5. Re:Why? by DavidTC · · Score: 1

      Because copying software enough to run it is explicitly allowed by copyright law since 1990 or so.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    6. Re:Why? by bbc · · Score: 1

      "copying software enough to run it is explicitly allowed by copyright law since 1990 or so"

      I did not know that. Where does it say so in the law?

    7. Re:Why? by DavidTC · · Score: 1
      Title 17 117, here

      (a) Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

      (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

      --
      If corporations are people, aren't stockholders guilty of slavery?
    8. Re:Why? by aichpvee · · Score: 1

      Should be noted that there is no "legal definition" of a corporation as a "single person". If you can find one I'd love to see it.

      --
      The Farewell Tour II
    9. Re:Why? by FuzzyDaddy · · Score: 1
      More importantly: how come you are able to use software without copying it?

      Do you copy a page of text when you look at it? An image is formed on your retina.

      The idea that transfering into memory is "copying" is an old SCO thing, IIRC. Any reasonable definition of copying would mean creating something that can be given to someone else with losing your use of it. So transfering into memory from the hard drive, no. Sending from memory over the network to a receiver on the other end, yes.

      --
      It's not wasting time, I'm educating myself.
    10. Re:Why? by vinukr · · Score: 1

      (As opposed to attempting to reverse engineer Windows, which is against the terms of the agreement, even if I do it by myself and don't tell anyone.)

      My company reverse engineers any competitor's products to know what their market focus is and then decides on what our product has to do... thats illegal?? i know a few other companies that do this as well.

    11. Re:Why? by FuzzyDaddy · · Score: 1
      Reverse engineering is protected under many circumstances, however, the EULA for Windows expressly forbids it.

      --
      It's not wasting time, I'm educating myself.
  129. Re:Sigh by Aldric · · Score: 1

    The heavy handed tactics of the entertainment industry is what gains them the public relations disaster.

  130. Re:"Seem to" -- Hope this works, MS Wins! by Anonymous Coward · · Score: 0
    I'm hoping the numbers of letters and court orders increases several hundred fold... because when that happens, OSS/GPL will be too much trouble for any credible manufacturer/software house to use and they'll go back to MS/Apple/Adobe with better defined/understood legal stands.

    This is just yet another way for the whole OSS/GPL community to shoot themselves in the foot. Something that RMS never understood.

  131. Re:GPL too restrictive by EnglishTim · · Score: 1

    You seem to think that just because someone's anti-GPL, they're anti all FOSS licenses. I prefer the MPL to the GPL, for instance because it doesn't try to extend its cover to other code - only its own code and modifications to it.

  132. Yes by Anonymous Coward · · Score: 0

    That is why the GPL really is a license and NOT a contract. You have license to do what you otherwise are not allowed to do. A contract is restricting your rights, so you must be compensated.

    In fact, since the US ruled that "recieving copyrighted works" is equivalent to monetary comensation (as far as music sharing was concerned), then the code that was given is several million dollars' worth of consideration.

    You can get a lot of restrictions for that sort of money...

  133. Re:GPL too restrictive by Culture · · Score: 1

    Hey, Let's get off grandmothers and eigenvectors/eigenvalues. Mine taught me that Jacobian itteration is simple, but subspace itteration is more efficient for large matrices. What did yours teach you?

    --
    ----- There are two kinds of people in this world, my friend; those with loaded guns, and those who dig.
  134. Re:GPL too restrictive by Rich0 · · Score: 1

    If you customized each customer's code, they probably will keep it private and accomplish your goals, which are all legal under the GPL.

    Note that if you for some reason start getting lazy in supporting them your customers can just take your code and give it to somebody else to maintain. They could also ship it to Elbonia for future maintenance.

    Likewise, if you started raising prices and your customers became dissatisfied they could band together and create a replacement for you which would maintain all of their code while maintaining confidentiality. They could even hire a programmer to run diffs to tell apart the areas of code that you provided to all customers vs a single one. Common code could then be donated back to the parent project that you borrowed from for maintenance.

    The GPL allows for many business models, like the one that you propose. What it does though is empower the customer - if the vendor gets out of control the customer can go to somebody else, or bring maintenance in-house.

  135. Why flamebait? by Anonymous Coward · · Score: 0

    seems like an honest question to me .. i don't get /.'s position on intellectual property at all. one minute they hate it, the next they love it and want to use it to prosecute gpl violations

    1. Re:Why flamebait? by Anonymous Coward · · Score: 0

      It's not an honest question and you know it bonch. Now go away.

    2. Re:Why flamebait? by Frank+T.+Lofaro+Jr. · · Score: 1

      There is a difference between using something DEFENSIVELY versus OFFENSIVELY.

      Using IP law to mitigate harm caused by IP law is a good thing. It shouldn't be necessary, one shouldn't have to use copyright against people and companies who use copyright to harm. But it is.

      --
      Just because it CAN be done, doesn't mean it should!
  136. Buffalo? by Blob+Pet · · Score: 1

    I can't get to the article, but the summary lists Buffalo as a possible violator. If they are, I doubt it's intentional, since they released all their Kuro box code (which their linkstation is based off of) here .

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
    1. Re:Buffalo? by BigCheese · · Score: 1

      I have one of their WHR3-G54 WiFi routers and nmap gives me this:
      Running: Linux 2.4.X|2.5.X
      OS details: Linux 2.4.0 - 2.5.20

      The web server in the router is micro_httpd http://unix.freshmeat.net/projects/micro_httpd/ which is BSD licensed.
      Now that being said this is by far the best SOHO router I've seen.

      --
      The obscure we see eventually. The completely obvious, it seems, takes longer. - Edward R. Murrow
  137. Re:GPL too restrictive by Anonymous Coward · · Score: 1, Interesting

    Nowadays, PearPC doesn't get many updates, because everytime they do, CherryOS does too. It's dampened the whole thing for the developers.

    Is that really true, or just something you believe? Looking at the PearPC stats on SourceForge, I can see the downloads are declining, but only from a peak in September, corresponding to the latest release.

    Besides which, I don't really sympathize. The developers are the copyright holders. They have the power to stop CherryOS if they want to. If they don't want to do it themselves, they have the option to go to the Software Freedom Law Center and try to get them to persue it, or sign their code over to the FSF and have them handle it.

    If CherryOS was forced to obey theGPL (which they will eventually, some organization like the EFF or something will take them to court) then this wouldn't happen.

    The evidence of infringement is overwhelming. CherryOS could have been taken down almost immedately through a preliminary injunction.

    Obviously, I don't approve of what CherryOS has done, but I don't approve of people not standing up for themselves either.

  138. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    "If you are actually doing the above, you might want to talk to an IP lawyer."

    Yeah right. Just strip the GPL text out of the file

    Problem solved!

    Yes I'm serious.

  139. Re:/. hypocrisy...again by Anonymous Coward · · Score: 0

    On troll tuesdays we are for intellectual property rights.

  140. What about Open Source violators? by Amadawn · · Score: 4, Interesting

    It is good to see someone doing something about GPL violators, but what happens when the violators are other GPL developers?

    I contribute (a little) to a project called AutoIt3 (http://www.autoitscript.com/). They make a really useful scripting language for Windows.

    Until recently they were using the GPL license. However some people took big chunks of the code, ripped it and repackaged with a different name. They only mention "based on AutoIT" or something similar on the Readme.txt but not in the code and of course they do not mention the original authors of the original work nor on their web page.

    Some of the AutoIt developpers were so pissed that now they have changed the license (for their newest releases only, of course) and do not distribute their code until some months later.

    Perhaps what these guys did is legal, I don't know, but if GPL developpers dishonor the heart of the GPL, then why use it and how can we expect for commercial companies to abide to it?

    1. Re:What about Open Source violators? by phantomfive · · Score: 1

      Something similar happened to RMS himself, with the emacs/x-emacs fiasco. The x-emacs group took all the code, and started working on it, trying to make a competing and better product. RMS was understandable frustrated with this, but he had to let them do it. Sometimes it seems like a bad thing, but other times it's a good thing. If some project is dying, you don't want it to go down in flames because they have a crazy lead-developer. Imagine if we hadn't had x.org to fall back on when freex86 went off the deep end.

      --
      Qxe4
    2. Re:What about Open Source violators? by ImaLamer · · Score: 1

      Hey, I just installed AutoIt3 and I was wondering if we could see a GPL only repository of scripts?

  141. Re:GPL too restrictive by Tim+C · · Score: 1

    OSS would be better off without ANY restrictions on use.

    There are no restrictions on use, the restrictions are on redistribution. You can even modify GPLed code and never release the modifications, as long as you similarly never release any binaries.

  142. Re:Sigh by Anonymous Coward · · Score: 0

    I'm sorry, but an MP3 of a Britney Spears song hardly qualifies as "information." It is (at least by the legal definition) a work of art. And it is therefore protected by copyright.

    And source code is "information" and not copyrightable?
    WTF?
    Your reading comprehension skills are crap, no surprise for an AC.

    But that Leo guy's are just as bad, he's a one-trick pony, he think's he's found some sort of internal contradiction in the idea that "information wants to be free" here on slashdot and no matter how many people explain it and spell it out to him, he just keeps going back to his one trick the next time an opportunity comes up.

    I'm forced to conclude that the internal problem is not with information being free, it is with his own mental processes not being able to comprehend the full scope of that meme.

  143. Re:Don't think so by Anonymous Coward · · Score: 0
    "If the violator doesn't accept the GPL, nothing else gives them the right to use the code"

    The GPL isn't an EULA - meaning, it doesn't apply to use. It applies to distribution.

    Let's say you have that super-fancy application you just developed to take over the world. Of course, you want ease of use for that, so you rip some code from GPL'd programs. Now, as long as you don't give this application to someone else, it's perfectly legal to use it all you want.

  144. Inaccurate Topic? by Anonymous Coward · · Score: 0

    "GPL Violators On The Prowl"

    That should be... "On the prowl for GPL violators" or "GPL Violators on the hitlist" or similar!

  145. Re:"Seem to" -- Hope this works, MS Wins! by cortana · · Score: 1

    Rip off Apple by using their code in your project without permission -> get sued by the copyright holder (Apple)
    Rip off Microsoft by using their code in your project without permission -> get sued by the copyright holder (Microsoft)
    Rip off a free software developer by using their code in your project without permission -> get used by the copyright holder (the developer)

    Which part of this simple process don't you understand?

  146. Re:GPL too restrictive by Deliveranc3 · · Score: 1

    Thank you for consuming my HD with source code I will never open. Hosting it online would be an EVIL BAD THING TO DO.

    Once again thank you... my Linux Boxs' 5 gig HD praises you every day.

  147. Re:Don't think so by mikeplokta · · Score: 1

    But it's only legal because of the GPL, which licenses you to use the code in this way. The GPL only restricts distribution, but it applies to use as well. If it didn't, then use would not be permitted.

  148. Oh dear. by Grendel+Drago · · Score: 1

    Let's see... I'm over 200 pounds, but I'm over six feet. We'll count that. I own a black duster. Hell, I own two. Half my t-shirts were free giveaways, but I never owned a Star Wars shirt. I grow a beard out of laziness. I own a big black cowboy hat, which is close enough to a fedora. I don't carry a cell phone when I can help it, because I loathe cell phones. And I've never been to a Ren Faire, and won't ever if I can help it.

    Man, I made 4.5/7 and didn't even know. Thanks!

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Oh dear. by Anonymous Coward · · Score: 0

      I'm over 200 pounds, but I'm over six feet

      You're still fat. And a nerd

      --6'3"/175lbs.

  149. Re:/. hypocrisy...again by Anonymous Coward · · Score: 0

    That's easy. We are for copyleft because it cancels out unreasonable copyright, which we are against. We also do not discuss "intellectual property" as a mater of policy. ...at least we would if we were the FSF.

  150. Re:GPL too restrictive by cortana · · Score: 1

    Maybe you should read the license that the software is distributed under, instead of trolling Slashdot.

  151. Re:Sigh by Deliveranc3 · · Score: 1

    I want you to pay me for your use of "the"... and "?". They are both mine and "I want you to respect [my] wishes and respect [my] rights."

    Or I'll sue you...

    Bitch.

    Feels good doesn't it!

    Now If I was to tell you it would cost you $1000 each time you'd understand how people in third world countries feel about software patents and western media!(Cambodians I've talked to LOVE the idea of $40 DVD's it makes their WHOLE WEEK!

    Of course you could go without "the" and "?" and still acheive a happy functional life, starting to understand?

    I really hate you people.

  152. Remember, kids: patent != copyright by Richard+Steiner · · Score: 1

    Since open-source licenses (including the GPL depend on copyright law for their enforcement, most open source advocates seem to have no problem with existing copyright laws as it applies to software.

    Patents are another issue altogether.

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
    1. Re:Remember, kids: patent != copyright by bbc · · Score: 1

      "Since open-source licenses (including the GPL) depend on copyright law for their enforcement, most open source advocates seem to have no problem with existing copyright laws as it applies to software."

      The GPL is not an open-source license. (There is no such thing as an open-source license, as open source is about marketing, not about freedom.)

      The GPL depends on copyright law for its enforcement, because it was built that way. The people behind the GPL want copyright on software abandoned.

      That is why Free Software (which is not Open Source Software) advocates have a major problem with copyright laws.

      You may think "to-mah-to", "to-may-to", but by not making the distinction you started talking major BS. Once again: Free Software advocates do not want copyright! Since that goal is unobtainable in the short term, they have hacked copyright law.

    2. Re:Remember, kids: patent != copyright by Frank+T.+Lofaro+Jr. · · Score: 1

      "Open source" is pragmatic and becoming more widespread and accepted, even by capitialist publications such as Forbes and big companies such as IBM.

      "Free software" is ideological, and not taken seriously by many.

      These are the facts.

      Freedom is all well and good, but there is a time to TONE DOWN THE RHETORIC! so people will listen to you and not tune you out.

      --
      Just because it CAN be done, doesn't mean it should!
    3. Re:Remember, kids: patent != copyright by bbc · · Score: 1

      "Freedom is all well and good, but there is a time to TONE DOWN THE RHETORIC! so people will listen to you and not tune you out."

      Except that the parent was talking about the ideological issues using the widespread marketing terms, and painted himself in the corner with them.

  153. Re:GPL too restrictive by ExMember · · Score: 1

    Finally, information doesn't 'want' anything

    You're right. He shouldn't say that. Information hates being anthropomorphised.

    So I'll explain the idea more formally. The marginal cost of information approaches zero. In a free commodity market, the cost of a good approaches the marginal cost.

  154. MOD PARENT UP by Anonymous Coward · · Score: 0

    MOD PARENT UP, effing HYSTERICAL

  155. They don't like listening to logic.... by Anonymous Coward · · Score: 0

    These slashdotters don't like people pointing out their hypocrisy, and will get very defensive about it.

    No matter what you say they will be convinced that it is ok for them to violate licenses/copy rights, but it is not ok for anyone when it applies to open source.

    Plus with all the comments I am convinced of that prevailing attitude. In these articles we keep hearing at lengths from Joe Slashdot Pretend Business Major who has no clue about these businesses are run, telling others how their business should be ran. Most plans are essentially allowing people to amass all the companies stuff for free. Most of these "fair deals" usually end up with the business at a severe disadvantage and/or are too unrealistic(i.e. the albums should cost $0.01, they put it in every absurd format and encoding rate I can thing of, and they must give me the original CD).

    Then again, most of that kind of stuff is justifying their greed of downloading a lots of copy righted works that they don't have the copy right owners permission to take, and not paying those who worked on the movies/music/games/etc they freeloaded.

    1. Re:They don't like listening to logic.... by stanmann · · Score: 2, Insightful

      There are reasonable people on slashdot

      and the reasonable position is thus

      the RIAA and MPAA are unreasonable for calling me a pirate for making a copy of my cd/DVD for the car/van/boat/kids and securing the other in my closet.

      the BSA are unreasonable for calling me a pirate if I re-sell my copy of office 97 on EBAY

      and companies who use GPL/OSS without following the terms(give credit and open the code) are being unreasonable for not passing on what they got for free.



      NOW, do these reasonable people likely have copies of music or software they haven't paid for? yes, possibly.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  156. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    I'm gonna disagree on this one. I hate math, but I have done pretty well programming on my own. The key wasn't math but data structures; once you grok how those work, you realize, "all we're doing is pushing around our data into some organized form." Sometimes an algorithm comes in very handy to do something optimally, or for a particularly complex situation - that's where math is useful. But you can usually get away with high school math abilities if what you're doing is code maintainance or porting or interfacing or many other numerous tasks which are not simulations.

    To reiterate: programming is the applied organization of data, math(as it relates to programming) is the discovery of new organization techniques.

  157. Re:GPL too restrictive by hazah · · Score: 1
    "some kind of benefit in meeting the demand"

    Isn't that inherent to the demand? A real demand has a method to manifest the supply. It's like a simple energy exchange (no loss or gain). That is, if you have a *real need, you will spend your money, hence manifestint a supply.

  158. Got a GPL license with a TV! by netringer · · Score: 4, Interesting

    The GF bought a Sony HDTV which of course, the resident geek BF set up. I was amused to see a full printed GPL license in the included paperwork. I gather it uses a GPL-derived photo viewer program to display the content from media inserted into the Sony-proprietary (irony!) Memory Stick slot on the front.

    I wonder if should I ask Sony for the source code for the TV.

    I searched for some kind of adapter that would plug in the Memory Stick slot and take a Compact Flash card with no joy. There is an adapter that goes the other way, fitting the Memory Stick into CF slot, but the BF hesitates to recommend buying a memory stick just to make the TV happy. *sigh*

    --
    Ever dream you could fly? Get up from the Flight Sim. I Fly
    1. Re:Got a GPL license with a TV! by Hektor_Troy · · Score: 1

      The GF bought [...] but the BF hesitates

      hrmm ... freudian slip? Or something far more interesting? :)

      --
      We do not live in the 21st century. We live in the 20 second century.
    2. Re:Got a GPL license with a TV! by netringer · · Score: 1
      The GF bought [...] but the BF hesitates hrmm ... freudian slip? Or something far more interesting? :)
      No slip. She's the GF. I'm the BF,... speaking in the third person, double declension...or something..

      This does require you to believe a Slashdotter has a GF.
      --
      Ever dream you could fly? Get up from the Flight Sim. I Fly
    3. Re:Got a GPL license with a TV! by Jamie+Lokier · · Score: 1
      I wonder if should I ask Sony for the source code for the TV.

      Don't they provide a URL where you can download the source to the GPL'd components? Many companies host the source on a web site.

      If they don't do that, and they don't provide the source with the TV, then they must provide a written offer to supply you with the exact source used in that TV, valid for 3 years.

      You should definitely get the source, just to test that Sony do honour their obligations, and so they are aware that there are people who want to make use of those obligations.

      By the way, you do realise that if you don't have the source, then you are forbidden from redistributing your HDTV to anyone else , right? If you give your TV to someone else, you must also comply with the GPL because you are redistributing GPL'd binary code .

      I have not seen this implication discussed anywhere yet.

      -- Jamie

    4. Re:Got a GPL license with a TV! by muonzoo · · Score: 2, Interesting

      It's not likely just the photo viewer software. Some SONY TVs boot linux for the control / UI portion of the interface. [Or so I've been told].

    5. Re:Got a GPL license with a TV! by dmaxwell · · Score: 1

      An old TV I used to have had a little compartment in the back with fold out schematics. Just chuck a source code CD in a little semi-hidden compartment and there you go.

      The other thing you could do is have the source burned on the prom along with the binary. That seems fairly idiot proof.

    6. Re:Got a GPL license with a TV! by Anonymous Coward · · Score: 0

      Actually the problem only arises if you distribute the code commercially. If you simply _give_ the television to a friend then it's OK to pass on whatever was given to you, even if that's just instructions on where to get source.

      This is the same as a Linux CD. If you get CDs 1-3 of Fedora and give them to a friend with a hand-me-down PC, it's fine. But if you start making copies and _selling_ them to people you must include the source code, or provide an equivalent offer etc.

    7. Re:Got a GPL license with a TV! by Motherfucking+Shit · · Score: 1
      The GF bought a Sony HDTV which of course, the resident geek BF set up
      I don't know what's cooler, the fact that you have a girlfriend, or the fact that you also have a resident geek boyfriend to take care of all your girlfriend's honey-do tech issues. Genius!
      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
  159. Re:Sigh by zod1025 · · Score: 1
    To say you can ignore any rules you don't agree with is arrogant beyond measure.

    I think that in general most people ignore rules they don't agree with (witness jaywalking, rampant filesharing, office supply theft, cell phones in theatres, etc etc). Looking just at filesharing - the majority of people believe this to be the greatest thing since email. So I wouldn't agree with saying that ignoring the rules is "arrogant beyond measure" but rather "typically self-centered".

    You seem to be blinded to the idea that "to copy" is different than "to take". The cost of copying has dropped to virtually nothing in the digital age, making scarcity obsolete for IP. Copyright attempts to retain scarcity on IP artifically, and the view by many is that this is in vain - in a number of years, despite attempts by RIAA/MPAA or whomever, digital copying will be ubiquitous and free.

    As a potential author, I would have to be aware that my works, even if I never released them digitally, will end up in the public and traded freely. Does that mean that I should not produce my work at all? Does that mean that I won't see a dime for my work ever? No. It may mean I get less income from a particular work than I otherwise might, but any work of value will still find paying customers. To wish that the gravy train of lifetime compensation per work and pay-per-view consumption continues is to wish the stagnation and death of thee internet and the Information Age.

    To keep this on topic - the GPL is necessary to protect the ideas of Open Source in today's copyright landscape. Without it, unscrupulous companies will "take" open source code (not just "copy", but "take", as in claiming ownership and credit) without any compensation to the good samaritan coders. This is a thing to be fought, and rightly so. The RIAA/MPAA etc exist to do something similar for their works - however, they are not attempting to prevent unscrupulous people from "taking" works (claiming ownership or credit), but are trying to enforce a "pay-per-view" model.

    I personally find obtaining digital things for free to be good, and arbitrary rules against it I ignore. I also personally feel that falsely claiming credit or ownership of a work is abhorrent, and should be fought against.

    I think the way things are going, we'll end up going back to a "patronage" model, with quality being the revenue generator, and the actual 'works' freely available. For books, the real consumer value is in owning a physical copy (the 'work' being essentially an ad for the particular stack of bound paper). Publishers sell books not 'works'. For music, this will mean live performances rather than the 'works', which are essentially ads for the live performance. The **AAs will become the patrons of tommorrow. For software this means Open Source everywhere.

    The true value lies in quality. That is what drives the economy and progress, and successful business models will always reflect this regardless of how copyright law plays out.

    --

    -ZOD-
  160. while i believe in the need to enforce the gpl,... by sum.zero · · Score: 1

    the copyright for the code rests with the authors [unless assigned to another person/group/co/org]. these are the peple that need to bring the actions. the fsf are a good starting point for people intested in doing so.

    the site mentions court wins, but provides no links [eg press releases, cort decisions, etc] and doesn't even directly say that the site owner was involved in the case. he makes tenous associations between himself and the fsf, but doesn't provide any real proof of association [and no, putting a link to another website does not count].

    this looks a little sketchy to me...

    sum.zero

  161. Re:GPL too restrictive by GileadGreene · · Score: 1

    And how does that apply to the "demand" for free information that we were discussing?

  162. Don't worry by ad0gg · · Score: 2, Interesting

    As long as you don't redistribute you have no problems. At my old job we used to use openh323 stack because it saved us 1/2 million in licensing fees for a commercial voip stack. Problem was it was pure shit, we had to put 3 developers on it for a year to get a workable version. I don't think we ever released what they did, for fear our competitors would pick up our changes and actually get a workable voip stack for free.

    --

    Have you ever been to a turkish prison?

  163. not legal. by sum.zero · · Score: 1

    if the other groups are using gpl code, they are required to keep the original copyright attributions in the code. failure to do so voids their rights under the gpl as far as i know. this is their only right to that code, so they now are violating the copyrights of the original coders.

    your friends should have taken the violators to court, not turned anti-gpl...

    sum.zero

  164. Re:"Seem to" -- Hope this works, MS Wins! by Anonymous Coward · · Score: 0

    Rip off a free software developer by using their code in your project without permission -> get used by the copyright holder (the developer)

    Which part of this simple process don't you understand?


    The part about how we are supposed to use them.
    Use them for what?

  165. for all the "/. are copyright hypocrites" folks by sum.zero · · Score: 1

    there are very real differences between commercial indfringement and personal filesharing, not to mention that filesharing is legal in some places.

    your arguments, while often verbose, are simple misdirection and oversimplification.

    can't we all just get along? ;P

    sum.zero

    1. Re:for all the "/. are copyright hypocrites" folks by Anonymous Coward · · Score: 0

      not to mention that filesharing is legal in some places.

      You are right, and so is violating the GPL.

      Why get up in arms about it?

  166. Re:"Seem to" -- EXACTLY !! by Anonymous Coward · · Score: 0

    EXACTLY!! Who the hell is this guy, and why does he think he should take it upon himself to declare who is or is not in violation of the GPL?

    This could be an effort to create court cases in which the GPL is declared to be unenforceable.

  167. Re:Guess the GPL isn't as "free" as claimed.. by tweek · · Score: 1

    I'll feed the troll.

    You know as well as I do you aren't forced to use GPL or even LGPL software in your commercial product. You are perfectly free to write everything yourself or choose something from the BSD license camp.

    I love how different people define freedom these days. It means one thing to the Bush Administration and another thing to John Gilmore.

    If you want my personal opinion, which you don't, BSD licenses view free in terms of free to do whatever you want with it. the GPL licenses view free as in the code must remain free in terms of it must be available for all people at all times. The GPL folks figure the way to do this is by drafting the terms under which you make use of the code.

    --
    "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  168. It is JUST as free as claimed. by Anonymous Coward · · Score: 0

    It is JUST as free as claimed.

    If you wish to use it, no problem.
    If you wish to improve it, no problem.
    IF you wish to distribute it (with or without your improvements), no problem.
    If you wish to steal it, Problem.

    Now if you DON'T use GPL code in YOUR code, then there is no requirement for you to release YOUR code.

    You are completely FREE to choose how YOUR code is done. It is NOT legal to violate the GPL.

  169. Re:Don't think so by rhavyn · · Score: 1

    Usage of a program is not restricted by copyright law. So use is permitted just fine without the GPL. The GPL even specifically says:

    Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

    So, no, running the program is not covered by the GPL, it doesn't apply to use at all. It goes so far as to explicitly exclude it from the terms.

  170. corrections by sum.zero · · Score: 2, Interesting

    sorry, having looked a little harder i now see he is the chairman of the netfilter team and that the actions seem to revolve around his own project's code. i would think this should be made clearer in the text of the site as it is, at least partially, a vehicle for his personal interests. having to go to another site for the info is not enough, imho.

    it is likely more of a case of incompetent web design than malfeasance though...

    sum.zero

  171. They are still going about it wrong... by cnelzie · · Score: 1

    ...the first step would be to make certain that the information is received at the correct office in those corporations. People at booths might be nothing more then outside marketing firm people paid to look pretty, knod their heads and sell the product.

    US Mail Certified letters to those corporations US Legal Departments is the best place to start...

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:They are still going about it wrong... by Anonymous Coward · · Score: 1, Insightful

      Yeah, sure. As legal strategies go, the correct way is to serve the company lawyer or CEO. However, this isn't part of the legal strategy, or rather its a tangential part of it. This is the PR battle, not the lawsuit.

      It's a stunt. It's a good one, because we're all talking about it. I'm pretty sure that doing it this way will generate more attention in the biz than a letter to the legal department would have.

      Way more engineers--the folks who might be tempted to recycle GPL material--will be reading slashdot than hanging around the legal department, and they're the ones he's trying to scare off.

    2. Re:They are still going about it wrong... by bbc · · Score: 1

      What's more, Cebit is a public space. Potential customers hang out there. It's pretty embarassing when somebody shows up and tells you that you have been "stealing" stuff, just when you were trying to woo a big fish.

      Even marketroids can see that.

    3. Re:They are still going about it wrong... by ckaminski · · Score: 1

      But if GPL-violations is wrong, it could backfire and they could find themselves on the wrong end of as slander suit.. .

  172. Re:"Seem to" -- Hope this works, MS Wins! by Anonymous Coward · · Score: 0

    Rip off a free software developer by using their code in your project without permission

    Most free/open software licenses don't require anyone's permission to use the code, just adherence to the license.

  173. search algorithms by Anonymous Coward · · Score: 0

    How, otherwise, can a coder know what 'going quadratic' means, and how to avoid it, in terms of a search algorithm?

    Maybe it is the fact that I work in an academic library, but I don't really write my own search algorithms. Mostly, the DBMS handles the searching, I just maximize my SQL query. It is only in instances of very small amounts of data that the data isn't dumped into a database, and I might have to write a Perl script or something to search it. And then, as long as I can manage a simple linear algorithm for the search, it does fine (small amounts of data, you know?).

    And yes, I AM bitter about all those hours as an undergrad writing linked lists and search algorithms in C++.

  174. Re:"We could lose all our intellectual property" by WalksOnDirt · · Score: 2, Informative

    This probably can't happen. Usually companies are only asked to stop the violation, meaning the penalty is only having to go back and redo the development the way it should have been done in the first place.

    Damages are also a slight possibility, but the amount is hard to establish for GPL violations unless they are one of those few dual license cases, where the software is also offered for sale under a commercial license.

    I suppose some court in the future COULD impose punitive damages that include loss of a company's copyright, but it seems unlikely, and would probably be reversed on appeal.

    IANAL

    --
    a,e,i,o,u and sometimes w and y (at be if of up cwm by)
  175. Re:GPL too restrictive by mark-t · · Score: 1
    Not really.

    If you want to close-source your app, even if it is derived from GPL code, all you have to do is remove absolutely every single line of code that is covered by the GPL that you yourself did not actually author. If those lines include necessary portions of the program, then they must be rewritten from scratch (but not copied from the GPL'd work). If your changes to the GPL'd work are extensive enough that you expect a commercial distribution might actually succeed in the first place, this is probably not a problem.

    Remember, copyright only protects _content_, not ideas. You cannot be sued for violating the GPL if you only copied an idea (or even a whole mess of ideas).

  176. Re:Sigh by cronius · · Score: 1

    The situation with the GPL is precisely analogous to the situation with downloaded music. (Most) music copyright owners expect a payment of some kind in exchange for their providing you with music. Creators of GPL code also expect payment. The only difference is that the music owners expect payment in the form of money, while GPL code owners expect payment in the form of more GPL code.

    No, you don't get it (don't worry though, not many do). This is not about "payment" in any form, people don't use the GPL because they want to "earn" something, if that's the reason then they're confused. This is about Freedom.

    There's a *distinct* difference between movie/music piracy and GPL piracy: FOSS was made to keep information *free*, and to promote sharing as a Good Thing. When someone is enforcing the GPL, that someone is preventing information being locked down and is thus protecting peoples freedom. The RIAA/MPAA wants to *prevent* sharing, and stop people from doing what they want with their music/movies.

    Both kind of piracy is illegal, but it's waaaay different. The ethical background here is black and white, and can't be put in the same booth, ever.

    --
    Life is Reality
  177. GPL problem by gr8_phk · · Score: 2, Insightful
    "they are required to keep the original copyright attributions in the code.

    I've often wondered about that. If I keep the original copyright notice in there, and make modifications (perhaps significant) and release my changes under the GPL, how do I label it? I have to keep a copyright notice that attributes the code to someone else? What about my contributions? What if it's a complex mix where I can't nicely label just my parts? The GPL tells you what you're allowed to do and what your obligations are, it doesn't tell you how to do this in practice. Does the FSF have documentation on this? I haven't seen it.

    1. Re:GPL problem by Anonymous Coward · · Score: 1, Informative

      I have to keep a copyright notice that attributes the code to someone else?

      No. You need to keep the notice, but it doesn't imply they hold copyright to the full file.

      The GPL tells you what you're allowed to do and what your obligations are, it doesn't tell you how to do this in practice. Does the FSF have documentation on this? I haven't seen it.

      The FSF requires detailed changelogs for their own projects. See the GNU coding standards (section 6.8) for more information. You can list all contributors to a file as copyright holders, and people can use the changelog or CVS history if they want details.

    2. Re:GPL problem by Jorgensen · · Score: 1

      The GPL(v2 I assume) does not require you to label your changes, but it does require you to: ... 2a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

      so you only have to label WHICH files you have modified. And.. ... 2b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

      So basically the license of the resulting work must be GPL-compatible

      It's not really that complicated, is it?

      As for documentation on the GPL, you probably want to look at the GNU project, for example: http://www.gnu.org/licenses/gpl-faq.html

      PS: IANAL (l=laywer, not lier). Not even a solicitor or legal person. If in doubt, get proper legal advice. BUT READ THE GPL YOURSELF FIRST - I doubt whether you will need legal advice after reading and understanding it...

    3. Re:GPL problem by gr8_phk · · Score: 1
      "The FSF requires detailed changelogs for their own projects."

      They also require copyright attribution for any significant changes. That's nice because they can then just say it's all their work. They could conceivably relicense the code any way they see fit - GPL 3.0 for example.

  178. Could have backwards affects: by DavonZ · · Score: 2, Insightful
    For more than one year, the gpl-violations.org project tries to bring vendors who use GPL licensed software in their products into license compliance. To achieve this goal, it uses a number of measures, ranging from warning letters over public documentation of GPL violations, up to legal proceedings. In this year, the project managed to conclude more than 25 amicable agreements, two preliminary injunctions and one court order.


    This really could have a reverse affect. What I do not see here is "We try to work with companies to find a suitable path to bring them into GPL compliance". What I do see is the GPL version of scare tactics and lawsuits.

    Most companies, especially the smaller companies, may be trying to be in compliance. They may not know how. This effort is most likely going to scare many companies off by showing how successful companies have tried to work with OSS and wound up being stuck in legal battles. The GPL is confusing for many and is mostly understood by word-of-mouth and/or other peoples confused interpretation. Not every company has a legal department to assist.

    Let us take Sveasoft for example. Many people are outraged by the companies refusal to freely distribute (paid subscription required) their binaries and often scream "GPL VIOLATION". They do have their sources available for the public. According to Sveasoft, as well as my understanding, the GPL restricts the sources and not the binaries to be freely available.

    A "strong arm" is not what Linux needs to assist with wide spread adoption. A community of people to assist with compliance is.
    1. Re:Could have backwards affects: by drinkypoo · · Score: 1

      Most companies, especially the smaller companies, may be trying to be in compliance. They may not know how.

      Uhhhhh... The GPL is included with every GPL'd program. It says right in it how to comply. How the hell could they not know how to comply? That is a ridiculous argument. It might not be clear to a company without a legal department if they have to care about the GPL (but only if they are stupid) but it tells you in fairly plain terms that you must distribute your source to anyone who receives your binaries, and it also lays out what methods of distribution are acceptable.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Could have backwards affects: by djmurdoch · · Score: 1

      In this year, the project managed to conclude more than 25 amicable agreements, two preliminary injunctions and one court order.

      This really could have a reverse affect. What I do not see here is "We try to work with companies to find a suitable path to bring them into GPL compliance". What I do see is the GPL version of scare tactics and lawsuits.


      Amicable agreements sound, um, amicable. I imagine if companies want to comply, these guys will help them to work out how.

    3. Re:Could have backwards affects: by Anonymous Coward · · Score: 0

      Your description of the Sveasoft case does not match up with my own.

      My understanding is that Sveasoft does *not* provide their sources to the public. They provide them only to those to whom they have sold binaries. They charge a sort of membership fee for binaries, but revoke your access to obtain future binaries/source directly from them if you choose to exercise your GPL-given right to distribute source which you have obtained.

      My belief is that Sveasoft is in compliance with the GPL. However, they rub as hard as is possible up against the limits, and they piss off a lot of people. They definitely do not have the same spirit that many OSS developers do.

      But, given that the GPL is a fantastically influential bit of legalese, you have to expect that someone or other is going to try to attack it in every way and give up the minimum possible. That's life.

    4. Re:Could have backwards affects: by DavonZ · · Score: 1

      Here is Sveasoft's wording:

      http://www.sveasoft.com/modules/phpBB2/viewtopic .p hp?t=4277

    5. Re:Could have backwards affects: by DavonZ · · Score: 1

      You are right. Yet, we don't know how many OSS embracing companies they scared off to get those agreements. I question the tactics.

    6. Re:Could have backwards affects: by DavonZ · · Score: 1

      Being one who ports applications for Linux PDA's, I disagree. I have worked with many applications that only referenced that they were under the GPL. They did not include it.

  179. Re:GPL too restrictive by mark-t · · Score: 1
    Actually, technically the restrictions are on copying. That is, after all, what Copyright is all about.

    However, unless there is distribution actually occuring, any copying would fall under the category of personal use or fair use, which you have permission to do anyways, even without explicit permissison from the Copyright holder(s).

  180. Double standard and different circumstances by dabadab · · Score: 1

    So, I guess locking up (or killing) people and taking away someone else's money are all the same: either good or bad. It may not happen that locking up convicted felons in a prison is a good thing while locking up innnocents is bad. It HAS to be either good or bad, right?
    Well, not.
    It would be "double standard" if the OP stated the ultimate goal is to protect the copyright owner - however, if he thinks that benefitting the average citizen is the important thing, the standard against which everything is measured, then he may claim that different cases of copyright infringments can be judged differently without having to resort using double standards.
    And the law is based on pretty subjective things (and at its very fundament is (or should be) the "greater good"): that's why we use humans to create the law and make judgements and not computers.

    --
    Real life is overrated.
  181. Re:Programming != Math by runderwo · · Score: 1
    True generosity is using the BSD license - there's nothing generous about trapping future development by license.
    Poster: I know someone who gave $10,000 to disaster relief efforts.

    Poster 2: That's really generous of you.

    Anonymous Dumbass (sneering): True generosity would have been to give all of your money to the relief effort.

  182. Purpose of GPL by Anonymous Coward · · Score: 0
    I love your twisted logic here, justifying copyright infringement on the one hand because it promotes "freedom" but condemning it on the other because it promotes the "freedom" to disseminate.

    You're only missing one thing. The GPL was created with the intended purpose to fight for the distribution of code, and the only way to do it was using the same laws that allow for the restriction of code. That's why it's ofter referred to as copyleft.

    Really. You don't think RMS would give up the GPL in an INSTANT if it meant no other code could be copyrighted and it would all be in the public domain?

  183. Re:"Seem to" -- Hope this works, MS Wins! by cortana · · Score: 1

    The law requires the permission of the copyright holder to use (as in, make a derivative work from) the code. The license grants the permission.

  184. C Lawyers and wishful thinking by grikdog · · Score: 0, Troll

    The ability to utter legalese tends not to be the same as legal protection or legal sanction. It's possible that GPL, by exposing source code to public view, exposes authors to de facto publication, placing their efforts squarely in the public domain. I realize GPL doesn't say this! My point is that GPL may be moot, void and irrelevant, depending on what happens before constructionist judges the first time GPL is challenged. My guess is, attempts to enforce GPL may be thrown out of court as meritless pious fiction.

    --
    ``Tension, apprehension & dissension have begun!'' - Duffy Wyg&, in Alfred Bester's _The Demolished Man_
  185. Re:"Seem to" -- Hope this works, MS Wins! by cortana · · Score: 1

    Transposition type. I hope you are just being obtuse!

  186. Re:GPL too restrictive by mark-t · · Score: 1
    Wrong.

    Stripping copyright notices from a work when you copy with intent to redistribute _automatically_ negates any permission you may have previously had to copy the work unless such permission also explicitly included permission to strip existing copyright notices (which is highly unlikely, but possible).

    While it must be conceded that finding such infractions may be technologically very difficult, it's still copyright infringement and infringers can, if discovered, be prosecuted to the full extent of the law.

  187. Re:GPL too restrictive by runderwo · · Score: 1
    The LGPL can be boiled down simply. You either provide the source code for your program that is a derived work of LGPL code, or do one of the following:

    1) Statically link it, and provide the user the ability to relink with a bugfixed version of the LGPL code

    2) Dynamically link it.

    Plenty of commercial developers use LGPL code with no problems. See UT2004 et.al.'s use of SDL.

  188. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    "Stripping copyright notices"

    What copyright notices? I don't see any...

    Snip snip!

    Hahaha! Buhbye GPL!

  189. Re:GPL too restrictive by runderwo · · Score: 1
    But it only takes one of your customers to download the code and make it freely available.
    If your customers are in a competitive industry, why the hell would they do that?

    If your customers are consumers, why would they care or bother unless you suddenly changed your tune on support?

  190. Re:Sigh by cronius · · Score: 1

    Forget the term 'IP', it's only confusing ordinary people who aren't going to look up the details (yes, that means you parent poster).

    IP is essentially both trademark, copyright and patents at the same time. *NONE* of those are related, they are simply not covered under the same law, their rules are completly different.

    Copyright is what helps protect creative works. People write things in the GPL so that they can ensure it remains open and Free (as in freedom), and copyright is necessary to obtain that goal. (If they don't care if it becomes closed, they can just choose something like the BSD lisence instead.)

    Patents (and trademark) are a whole different matter, they're not relevant to this discussion at all. Don't mix them, don't use the term IP unless you actually know what it means and your comment applies to all kinds of IP. Otherwise you're only adding further confusion. I'm not an expert, but atleast I'm humble enough to say so when I'm not sure.

    "Believe in IP" is rather meaningless to say (you could be talking about anything), but you should embrace copyright (to a certain extent) unless you want everything created only to exist in public domain from the first second it sees the light of day.

    --
    Life is Reality
  191. WRONG! by mrchaotica · · Score: 1
    in this matter is clear, not fuzzy at all: a copyright is a copyright is a copyright whether it applies to the GPL or the RIAA. The law doesn't state "copyrights are only for nice people with nice ideas."
    Wanna bet? Section 8, clause 8 of the United States Constitution disagrees with you:
    To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
    To make that perfectly clear, it means that if someone is trying to restrict the progress of science, they don't deserve copyright!
    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:WRONG! by prisoner-of-enigma · · Score: 1

      Your ability to misread the law is both impressive and disturbing. Now go and read up a bit on copyright law so you can realize all at once just how stupid your prior comment was.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    2. Re:WRONG! by mrchaotica · · Score: 1

      Don't you realize that if copyright law conflicts with what I just wrote, then the law is unconstitutional?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  192. GPL Alternatives? by Anonymous Coward · · Score: 0

    As a very honest question, are there any open-source licenses that both a) allow the code to be used in a closed-source product (I understand the BSD licenses are like this) and also b)prohibit the code from being relicensed in such a way to prohibit (a) (I guess this would mean not allowing the code to be integrated GPL code)?

    Thanks.

  193. Re:Sigh by DavidTC · · Score: 1

    Man, I've been here years and I missed the 'offical complaints' pages. Where is that? Do we all vote on it or something?

    --
    If corporations are people, aren't stockholders guilty of slavery?
  194. Re:GPL too restrictive by Politburo · · Score: 1

    Programming an application isn't an easy task, but I think it's just a bit elitist to say that non-developers "can't really comprehend" it. There are many complex jobs in the world, and programming is just one of them. It really isn't special. I know this goes against some of our preconceived notions of programmers as gods, but it's the truth.

    You said in another post that the math bit was a "side point"... Your wording makes it sound like you need to know those items to program, and you know as well as anyone else that is completely false. Yes, some applications require it. However, some applications also require knowledge of tax code. Does that mean you're not a programmer if you don't know tax code?

    In short: Cool the ego.

  195. Re:Sigh by cronius · · Score: 1

    You are refering to freedom as "anarchy". I don't want to live in an anarchy, stealing and murder should and must be illegal. Doing what ever YOU want to do with MY code should and must be illegal. You *can* however do what ever I give you permission to do, and that includes sharing it with others _as long_ as the freedom I gave to you is passed on to those you give my code/binary to.

    We are protecting freedom here, what's so hard to understand? People aren't allowed to take away other peoples freedom in regards to MY code. If you must have that freedom, use a less restrictive license. There is however nothing wrong in protecting freedom, and it's still freedom.

    --
    Life is Reality
  196. Re:GPL too restrictive by shreak · · Score: 1

    I demand someone smack you with a framed, nude picture of Ayn Rand.

    Call me when they're done.

    =Shreak

  197. Any of us could be sued into the ground. by KarmaMB84 · · Score: 0, Troll

    Ever put a GPLed binary on a USB stick and distribute it? Did you forget to include the source or offer it? No? Hope it's not netfilter/iptables because this guy will want $$$...

    1. Re:Any of us could be sued into the ground. by Anonymous Coward · · Score: 0

      Except that you could only be sued for damages or treble damages. Gonna be kind of hard to create $$$ damages out of free software... that's why injunctions are basically the only thing that ever happens.

  198. Re:Sigh by ClosedSource · · Score: 1

    "Believe in IP" is rather meaningless to say (you could be talking about anything)"

    Gee and just a few paragraphs ago you said "IP is essentially both trademark, copyright and patents at the same time." I only count 3 things. Are you confused?

    Apparently you want to shift the discussion from consistency of position on authors rights to a technical discussion on what "IP" really means. Nobody (including you) has any confusion about what I meant by "IP" in the context of the discussion.

  199. Netgear do release souces but wrong ones by 1110110001 · · Score: 1

    Remindes me to the Netgear situation. I'm waiting since August 2003 for the source code of the firmware to the WG602. They did release a source. But the orginal firmware (the one I bought in the package) had a telnet server and the route command didn't work completly. I couldn't find this bug in the released source. Thus they released the wrong one. One guy tried to help me last year, but I haven't heard from him since 3 months.

    b4n

  200. Re:Sigh by GileadGreene · · Score: 1
    No, you don't get it (don't worry though, not many do). This is not about "payment" in any form, people don't use the GPL because they want to "earn" something, if that's the reason then they're confused. This is about Freedom.

    No, I don't think you get it. It's not so much that coders who release under the GPL expect to earn anything specifically for themselves, but that they require anyone who wishes to make use of their work (where use here means deriving a new piece of software) to provide some value in return (by releasing the derived code). The end result is about freedom, but the mechanism is identical to the situation with music. That's the whole reason that the GPL is referred to as "copyleft" - it uses the mechanism of copyright in a way that most people view as backwards. But the fact remains that the GPL uses copyright law. It could not exist without that copyright law. The same copyright law that music producers rely on. Unless you respect copyright law, the GPL is meaningless.

    Ethically speaking, this is also about freedom in another sense: the freedom of a creator of some form of "content" to choose how their work will be used and distributed. GPL coders choose to release their code under the GPL. Others choose to use a BSD-style license. For whatever reason, most creators of music choose a very restrictive set of distribution terms. Not all of them do though. And frankly, I consider it far more ethical to respect the choices of "content creators" (else how can I ask anyone to respect my choice to use, e.g. the GPL) than to violate the terms which those creators freely chose. Better to persuade people that they're making the wrong choice about how to distribute their work, than to deliberately flout their choice (thereby encouraging them to flout my choices).

  201. Re:Sigh by SuiteSisterMary · · Score: 1

    Woah. I have no problem with the GPL per se; more the encompassing RMS/Open Source movement, such as the parent's (or another in this article) comment of 'only GPL code can link to GPL code' and the like.

    You're more than correct; you can license your code all you want. But there are licenses, such as BSD, artistic, or plain old PD, which are 'free.' The GPL, while a perfectly good license, however, is just as restrictive as anything commercial; the cost is simply in a different coin.

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  202. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    It's worth adding that the FSF actively discourages use of the LGPL (for their usual ideological reasons).

    Also, many libraries are licensed under GPL and not LGPL. This may sometimes simply be ignorance on the part of the author who didn't carefully choose a license, but it may also be a deliberate choice by those that agree about the LGPL with the FSF. Either way, you have to respect the actual terms of the license that came with the code. You can't claim it's LGPL just "because it's a library" if your LICENSE file is the GPL. They are two distinct licenses.

  203. Re:Don't think so by DavidTC · · Score: 1
    Um, why not?

    Use of copyrighted things is automatically permitted. The only thing restricted by copyright is copying. (And public performances, which only applies to video, audio, and performing art copyrights, not software or image copyrights.)

    Or have you been brainwashed by all the EULAs out there into thinking we need permission to run software?

    --
    If corporations are people, aren't stockholders guilty of slavery?
  204. Who the hell is Harald Welte ? by MarkTina · · Score: 1

    And why should a company even care ? It seems he's a no-one, a busy body who spends his time interferring in the affairs of others, worse yet he's a Trekkie!!!! http://gnumonks.org/users/laforge/ Though what he is doing is on the right track, he is trying to highlight the misuse of open source software by companies, but if GPL-Violations.org is to get any credibility they need some tougher sounding backers : Lawyer types, other big companies who DO play the game right ... and they need to drop the "I wish I was Lt LaForge" stuff ;-)

  205. Their approach seems hypocritical to their website by Leadhyena · · Score: 1
    From the gnuviolators website:
    Beware the "public shaming" bomb. It's easy to let off, but very hard to defuse if you made a mistake or the issue turned out to be minor and is rapidly resolved. In addition companies may become very defensive in such cases and decide to "tough it out". We want to build bridges and giving a company no way to avoid losing face hinders that, especially in certain cultures.
    Doesn't having a public representitive walk around and hand out warning latters in front of lots of people at a highly publicized convention constitute "public shaming"?
  206. Depends, but free should have the edge by Xtifr · · Score: 1

    Depends on many factors. Deliberate infringement of copyrights or patents is always worse than innocent, inadvertant infringement, though. And for-profit infringement is always worse than free. So the company would already be negotiating at a huge disadvantage, and with much more to lose. There are other factors (how broad the patent is, how important the GPL'd program is to the community at large), but in general, other things being equal, that would be a very risky, and probably losing, move by the infringing company.

    The fact that there is so much redundancy in free software only strengthens the community's position in such a case, since dropping one project (at least until the patent can be worked around) will still probably leave several that do approximately the same thing. And you thought Gnome vs. KDE vs. Xfce vs. GNUStep was a bad thing! :)

  207. Re:"Seem to" -- Hope this works, MS Wins! by Anonymous Coward · · Score: 0

    Yeah, sometimes I'm funny. Sometimes I just fall flat.

  208. You catch BEES with honey, by stinkpad · · Score: 1

    You catch flies with shit.

  209. GPL Certification? by torpor · · Score: 1

    As I work for a hardware vendor with an avid interest in operating systems for the embedded sphere, I would like to see more effort on the positive spin of GPL violations, and less on the policing spin.

    What do I mean? Why hasn't someone thought to set up a "GPLCertification.org" site, where vendors could get their products certified as GPL compatible?

    Police-state tactics, of repairing the damage 'after the fact', don't suit the F/OSS ideology, in my opinion. Far better to put in some up front creative energy into coordinating GPL usage, than to wait for someone to violate it and then butt-rape them in the courtrooms.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  210. Re:Sigh -- You are the one missing the point. by Anonymous Coward · · Score: 0
    You completely miss the point by refusing to look beneath the surface.

    You are the one missing the point. There is no difference between original poster who stated that the bitching about GPL vs RIAA are identical concepts, but that idea goes way over the heads of so many here trying to rationalize their hatred of RIAA/MPAA. If the GPL is about sharing, they should be happy that others are using their code and they should be more explicit what forms of renumeration are appropriate when a small portion of GPL'd code is incorporated into a much larger package. I know we've quit using ANY GPL code in our product because one attorney stated that even if we included one GPL module (about 200 lines), we'd have to release the source code for our entire package (about 2 millions lines). It was too difficult to get the absolute "correct" answer to the question as to how much we really needed to divulge. It was cheaper/quicker to re-invent the wheel. I suspect as more of these clashes go to court (and more proprietary source code becomes public record) the more companies will stay/run away from any GPL/BSD/OSS source.

  211. Re:Sigh by cronius · · Score: 1

    The question is whether you believe in IP or you don't. If you don't you shouldn't embrace the GPL or the RIAA.

    This was the text I was commenting on. You are saying that if you don't believe in IP then you shouldn't embrace the GPL.

    Of course you need copyright to enforce the GPL, they coexist quite nicely and as expected. But patents are not good for software, especially open source software. This was the part I got hung up on, it doesn't make sence. However, someone might read it and think the GPL is inconsistent with copyright law, or that you either support both the GPL and the RIAA or neither. Your post was inaccurate and could easily lead to confusion.

    Since it was inaccurate I thought you didn't know what it really meant.

    --
    Life is Reality
  212. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    Actually, that is not true. FYI, GPL protects the idea and the specific implementation.

  213. same way anyone else does by Xtifr · · Score: 1

    Rephrase the question, as it really has nothing to do with the GPL. How can they tell that a binary has someone else's code in it?

    Looking for strings is one mechanism (and the most obvious). Looking for particular quirks in the behavior is another, disassembling the code is another. There are people who are experts in looking for this sort of thing. Yes, there's a chance for false positives, but the chance is slimmer than you might imagine. And, the false postive will turn up in discovery, before the case gets off the ground, so that's no biggie. (That's kind of the whole point of having discovery, SCO's abuse of it notwithstanding.)

    Easy to defeat GPL detection? Perhaps, but it would take work, and the whole point of using someone else's code is to save work. If you've got to do a massive rewrite to hide your theft, you're probably going to end up doing nearly as much work as if you wrote the code yourself from scratch. So what's the point?

  214. Re:Don't think so by Anonymous Coward · · Score: 0

    http://www.law.cornell.edu/uscode/17/usc_sec_17_00 000117----000-.html

    TITLE 17, CHAPTER 1, 117 of the US Code begs to differ...

  215. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    So the GPL isn't about sharing code, it's about maintaining control... I get it.

  216. Pfah. by Grendel+Drago · · Score: 1

    I'm only considered fat by people with frickin' eating disorders. And I've known a few.

    And I'm still taller than you. Neener.

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  217. Re:Programming != Math -- Good point... by Anonymous Coward · · Score: 0

    I wish you'd have posted with your name instead of AC, I would have given you an insight boost. I totally agree with your statements.

  218. Shoes on other feets by Brandybuck · · Score: 2, Informative

    What about GPL developers who violate the BSD license? Why does the GPL using community tolerate members who violate other licenses? What makes it's okay to violate the copyright and license of non-GPL software? Why does the GPL community tolerate such behavior in its members?

    http://www.feyrer.de/g4u/g4l.html

    --
    Don't blame me, I didn't vote for either of them!
    1. Re:Shoes on other feets by Teancum · · Score: 1

      They don't, but in the case of a BSD license it is much harder to enforce, and there is no requirement with the BSD license to "give back" to the community in the form of source code. The attribution requirement for a BSD license is also harder to enforce, as it can be in very fine print on an obscure reference manual that is mainly a paperweight.

      As far as people who violate other copyrighted works, you will see many withing the "GPL using community" also be willing to enforce the Microsoft EULA, even with all of its obscure terms. The point there is that many within the Free Software movmement choose to keep the terms of the MS EULA by simply not buying software with that license, or even obtaining a copy by any means.

      In the case of the GPL there have been a number of very visible software packages that have been copied and distributed for profit, but have violated the terms of the GPL. One case I know about is SCO Linux, who got some interesting mail from the FSF due to their distribution of GNU programs without source code. BTW, this was before the whole fiasco of the Linux licenses, and when SCO was at least pretending to be a part of the Free Software community.

      People (mainly folks with MBAs) who have GPL'd software tend to think of it in the same terms as "freeware" or "shareware", not as something with specific copyright provisions in a license. Since they got it for free, they think that the software can be changed and manipulated for free and that they don't have to give anything back. When suddenly they have to distribute their source code, these businesses are shocked that this "submarine" clause is taking away their precious IP, without realizing that was exactly the intention of the GPL.

      The most blatant abuse of the BSD license was with the internet protocol stack in MS-Windows (and some command-line internet apps) that were copied almost verbatium from FreeBSD Unix. When they were caught all they did was put the attribution in some obscure about box, and that was all that could be done (yes, the attribution is there in Windows... if you know what you are looking at). Most other non-GPL open source licenses lack the teeth of the GPL in terms of forcing 3rd parties to disclose updates to what software they are running.

  219. The GPL is a DEFENSE! by Xtifr · · Score: 1

    The other posters' responses are more or less right on, but this may be an easier way to think about it: the GPL is a purely a defense against charges of copyright infringement. The legal part is: it will never come up in court except as a defense. (And it will probably never come up as a defense, because anyone who's actually complying with its terms is unlikely to be sued.) That is why it has never been tested in court. You don't sue someone for violating the GPL, you sue someone for violating your copyright, and they proffer the GPL in their defense, if they can. Which they presumably can't, or you wouldn't have brought the suit. Think of it as a limited-use get-out-of-lawsuit-free card that comes with the software.

  220. Re:Sigh by cronius · · Score: 1

    I understand. You're saying the principle behind it is the same (specifically since it's ruled under the same law (copyright)) and thus they should be treated/responded to equally (music piracy & GPL violations).

    You are completly right about this, I'm just pointing out that the differences in ideology underneath this is as big as it can get. On one hand you have users of Free software trying to keep things open and Free for everyone and trying to keep those freedoms alive, and on the other hand you have the RIAA/MPAA whose doing the opposite. Analog legal situation: yes. Fighting for the same cause: far from it.

    Analog ethical situation: Well, the underlying motivations are opposite, but the ethical situation for those who brake the law (being it "stealing" music/movies or GPL code) is "perhaps" the same. I personally think copyright laws are too strict and simply wrong (the GPL doesn't enforce/use these wrong, restricting parts), and thus I have few moral problems "stealing" music/movies off the internet. I don't believe I'm doing something morally wrong as I wouldn't buy whatever I'm downloading before I downloaded it anyway (however there is a chance > 0 that I would buy it later). But that's just me.

    When it comes to the artists: Yes, they should be respected. But again, I don't believe it's morally wrong downloading music I didn't pay for, so I don't feel disrespectful towards those artists. (Read my previous comment on this here.)

    --
    Life is Reality
  221. Re:Sigh by cronius · · Score: 1

    The GPL, while a perfectly good license, however, is just as restrictive as anything commercial; the cost is simply in a different coin.

    Those were your words, not mine ;) I guess you're right anyway.

    Thank you for a thoughtful reply.

    --
    Life is Reality
  222. Re:Sigh by ClosedSource · · Score: 1

    "Of course you need copyright to enforce the GPL"

    Thanks for making my point. The GPL will only succeed to the extent that people respect the "IP" behind it. Now, I don't want you to be confused or "hung up" by the term "IP" as it's used here. Since we are talking about the GPL, everybody understands that we're not talking about software patents. Likewise when we talk about "IP" with respect to music, we aren't talking about software patents either. Is that clear enough?

    "However, someone might read it and think the GPL is inconsistent with copyright law, or that you either support both the GPL and the RIAA or neither."

    Well, anyone who would conclude that my statement implied that the GPL was inconsistent with copyright law is not a very careful reader. As for the second intrepretation, that's fairly close to what I was saying. In other words, if you wish people to respect your rights under the GPL, you should respect their rights with respect to licensing other material. Obviously, if we only abide by licenses we personally agree with, then licenses in general would be worthless.

  223. Re:Sigh by SuiteSisterMary · · Score: 1

    No problem.

    The main thing I'm trying to get across here is that the GPL is neither 'free as in beer' nor 'free as in speech;' it's an interesting way of using copyright law, and of allowing other people to use your code, but the requirements of repayment (of changes) and the no linking/'viral' nature is, or appears to be, non-free.

    And I can understand some company getting confused that the 'free software' comes with strings attached.

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  224. Re:Sigh by cronius · · Score: 1

    if you wish people to respect your rights under the GPL, you should respect their rights with respect to licensing other material. Obviously, if we only abide by licenses we personally agree with, then licenses in general would be worthless.

    Yes, but being a lawful citizen doesn't equal to supporting all and every law (with "supporting" I mean "agree to"). Obviously we're talking about the same law here (copyright), but they're using it differently. The GPL uses copyright to keep information Free and open, the RIAA/MPAA uses copyright to impose strong restrictions upon the consumer. Thus, I personally don't support **AA's actions (trying to limit my freedom of using their products that I've paid for). Copyright law should be far less stricter, and promote much more fair use.

    My point is that eventhough everyone should respect the law (licenses and so forth), that still doesn't make every law "right". The RIAA should not try to take away my freedom to do use their products as I please. So legally speaking you can say "respect the law, context being GPL or RIAA", but morally speaking I say they are completely different matters. One doesn't have support the RIAA to support the GPL (or vica versa for that matter).

    --
    Life is Reality
  225. I prefer, unless you have a tight cunt by Anonymous Coward · · Score: 0

    I prefer, "Unless you've got a really tight cunt.", not only because boobs can be faked, but because that's where the action is.

  226. Taiwan by ImaLamer · · Score: 1

    what do they intend on doing when some Taiwanese hardware manufacturer embeds their code?

    Let China swoop down and close all of Taiwan's factories?

  227. OSS? by Anonymous Coward · · Score: 0

    What's so bad about the open sound system?

  228. If I wanted to discourage Open Source software... by RexRhino · · Score: 1

    If I wanted to discourage Open Source software, this is a great way to do it. One of the reasons for using Free software and Open Source software is the sanity of the licence. I want to AVOID the software police looking over my shoulder.

    If large companies are going to be harrased, or possibly sued because of mistakes they might make with open source, they are not going to use it. And if they don't use it, then that has a huge effect on what other people do.

  229. Re:GPL too restrictive by Anonymous Coward · · Score: 0

    -1: Doesn't understand what copyright is

  230. Re:GPL too restrictive by bbc · · Score: 1

    "This is something they have created, and honestly, they should, and do, have the final word over what happens to their works."

    Hard work entitles you to exactly nothing.

    The reason people generally get rewarded for work, is because the parties involved agreed so, and the reason people generally get rewarded for the fruits of their talent is because there is more demand for the products of a talented worker than for those of an untalented one.

    "Finally, information doesn't 'want' anything -- it's an intangible concept, like 'santa claus' or 'income tax reform'."

    Next time, try to understand English before you post. "Wants" also means "ought", "should".

  231. Re:GPL too restrictive by bbc · · Score: 1

    "And how does that apply to the "demand" for free information that we were discussing?"

    What do you get out of discussing things on Slashdot? There's your free information right there, obviously you are meeting a demand, and presumably you are getting something out of it.

  232. On Value and Human Perception by Anonymous Coward · · Score: 1, Insightful
    Most people equate "Free" with "having no value". This is simple human nature, and I fully expect businesses to continue to mine open source software as a way of making their own software, yet with less effort.

    For illustration on this point of human nature, when I was a kid, it was free to go to the various museums in the area. However, one new curator was dismayed to learn that buses were using the museum as a stop, solely to let their passengers use the washrooms. Shortly thereafter, the museum started charging admission, and is currently $27 to enter; there may be a free day once a week, but last time I was around there, this was not the case.

    Moral of the story: whenever there is no cost to use something, eventually that resource will be abused. People will always equate costless with worthless.

    Moreover, and more to the point, there is no 'money' behind open source code. Their threats have no teeth, since they are not backed up by lawyers and legal action. Sure, there are eventually victories, like against SCO, but it is costly to fight such things, and Im guessing that smaller targets will submit to getting 'screwed' by a large company rather than risk entering the courts. Sure, people are happy to pony up cash to help defend linux, but what about a small OSS app some college kid made in his spare time? If a large company blatently rips off his code, it is first unlikely he would even know, and second it is unlikely he would persue a legal recourse. And, any victories would be uncertain, come at great personal expense, and may not even be worth it in the end.

    1. Re:On Value and Human Perception by mwood · · Score: 1

      "Moreover, and more to the point, there is no 'money' behind open source code. Their threats have no teeth, since they are not backed up by lawyers and legal action."

      If enough of us care enough, we can pass the hat to fund toothy legal action.

  233. [OT] In response to your sig. by T3kno · · Score: 1

    Heh, mine is in dec :P

    --
    (B) + (D) + (B) + (D) = (K) + (&)
  234. 3 simple changes to lunacy! by bbc · · Score: 1

    "Those like me who've BANDAGED and KISSED the TREE"

    Anonymous coward, you are an idiot! Of course, you must have known by now, your mommy told you so.

    (BTW, feel free to hunt me down like the dog I am. I am not hard to find, and once you've found me I will pinch your pimple.)

  235. More accurately by Jamie+Lokier · · Score: 1

    More accurately, the combined work of the new code and the GPL item is required to be under the GPL when you distribute it.

    However, if you can extract the new code by itself from the combination (for example this is easy if they're separate source files), then the new code by itself can be under whatever license its author wishes. This is permitted even if you receive a combined work: you are free to extract pieces of it and use the pieces according to their individual licenses. The GPL has a clause in it permitting this.

    -- Jamie

  236. money by captwheeler · · Score: 1
    Because the BSA hounds users, not developers.

    The BSA hounds whoever it's masters tell it to hound.

    The BSA hounds whoever it's masters PAY it to hound. Who would pay the huge fee's to the BSA?

    --

    Thanks for putting on the feedbag. Thanks for going all out. Thanks for showing me your Swiss Army knife.

  237. Re:Sigh by hairyfeet · · Score: 1

    The difference is the software guy isn't buying off congressmen to make 100+ year laws that stack the deck in their favor.Change the copyright laws back to the original standards and i'd be happy to play nice with the theiving corporate whores.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  238. Programming == Math by sbszine · · Score: 1

    Programming requires logic, not math.

    Formal logic -- especially the boolean logic central to coding -- is a branch of discrete mathematics.

    There is no calculus/Eigen/matrices in presentation (UI)

    Well, if you use vector graphics (SVG, Flash etc) for your presentation, obviously you're using vectors there. If you use raster graphics (bitmaps, gifs etc), you're using matrices. And hopefully you can see that the presentation for something like Doom 3 involves quite a bit of mathematics.

    Further, while talking to databases may not require calculus, it definitely uses set theory and boolean logic. And parsing XML requires some type of finite state machine. Again, discrete maths.

    You can write programs without having studied mathematics formally, but even one ungraduate discrete maths subject will make you a better developer. Do yourself a favour.

    --

    Vino, gyno, and techno -Bruce Sterling

  239. Re:GPL too restrictive by base3 · · Score: 1

    No, you don't get it. It's about not letting anyone else take control.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  240. Re:Sigh by Leo+McGarry · · Score: 0

    buying off congressmen

    I wonder if you've got a tight grip on how the whole "representative government" thing is supposed to work.

    Change the copyright laws back to the original standards

    "Original?" As in the 18th century? Don't think so.

  241. Re:Sigh by Frank+T.+Lofaro+Jr. · · Score: 1

    You forgot trade secrets.

    --
    Just because it CAN be done, doesn't mean it should!
  242. Re:/. hypocrisy...again by Anonymous Coward · · Score: 0

    Yep! And on Wednesdays, Thursdays, Fridays, Saturdays, Sundays, and even Mondays. Any more dumb questions???

  243. What is the difference by MerlynEmrys67 · · Score: 1
    Between the boy scouts and the national guard ?

    Adult supervision
    That used to be a lot funnier before the National Guard proved it at Abu Grabe

    --
    I have mod points and I am not afraid to use them
  244. Re:Sigh by ClosedSource · · Score: 1

    I was counting items in his list, not making one of my own.

  245. Re:"Seem to" -- Hope this works, MS Wins! by cortana · · Score: 1

    Sorry about that. It's been hard to see past all the bullshit posted in this forum lately. :)

  246. There ARE other violators not being pursued. by OmniGeek · · Score: 1

    Synology (www.synology.com) sells the DS-101 Disk Station, a NAS appliance based on uCLinux, with no source offered and no GPL references anywhere on their site.

    Jim Buzbee did a review on Tom's Networking recently thst mentions the detectable presence of BusyBox and thttpd in the firmware image. His review mentions that Synology are "working on" this issue, but they don't appear to actually be complying. I've written them as well, politely asking them to do so, and aside from a polite "We're on vacation, we'll look into it" response, there's been nothing for weeks.

    I hope they do release the source, as the modding possibilities for the box are enticing; but to date, they're still in violation of the GPL.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
  247. microchip by juhlin · · Score: 1

    Have anyone deal with microchip and there compiler C30? It's based on GCC 3.3 and all copyright belongs to FSF. It's possible to download the source for the compiler but that version is not the same. And earlier version of the compiler had compile error in the public code. Another funny this is the extra licence requirement. When downloading a binary version the is a 60-days license and the compiler will stop working after that time. For some resons the license check is not included in the public version :)
    There latest public code of the compiler are all the building files bean tempered with. For most (not all) the start of the file have been changed from "#!/bin/make" to "#! /bin/make" (and extra space is added). This makes it impossible to run under Unix. All the files have been edit in windows as well.
    Does it help if I cry out loud?

  248. 2PDF4ROMPS's blatant violation of Ghostscript by Anonymous Coward · · Score: 0

    Check out this program

    http://www.s0nic.hostinguk.com/wiki/ow.asp?2PDFFro mPs

    The description says "This program will allow you to create PDFs from any source (doc,xls,ppt etc...). All you need is to create a printer which outputs to a file. From your preferred application print to this printer. This will generate a file. Select this file with 2PDF4ROMPS and generate your PDF.

    Simple postscript to converter. Totally based on the superior GNU Ghostscript.

    Note for the more technically inclinedIf you supply the postscript file from the command line, the PDF will be generated without any user intervention, allowing the use of 2PDF4ROMPS from the command line."

    Apparently it incorporates ghostscript, but it is NOT free and source is NOT Available.

    In the license on the website it says about the code (which includes the ghostscript source too!):
    " * You may not distribute the Godwin Caruana source code, or any modification, enhancement, derivative work and/or extension thereto, in source code form.

    * The source code contained herein and in related files is provided to the registered developer for the sole purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of Godwin Caruana.

    * Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Godwin Caruana's product.

    Should source code be distributed in original or modified form to a third party entity without prior writtent consent from Godwin Caruana, a minimum penalty of 10,000 UK Sterling applies."

  249. File a criminal suit by Kjella · · Score: 1

    Until recently they were using the GPL license. However some people took big chunks of the code, ripped it and repackaged with a different name. They only mention "based on AutoIT" or something similar on the Readme.txt but not in the code

    If they have removed copyright notices, forget the GPL, forget licenses, forget civil suit. Move directly to Sec. 506, criminal offenses.

    "(d) Fraudulent Removal of Copyright Notice. - Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500."

    That is $2,500 per count, i.e. per file (same way RIAA reached a $97 billion lawsuit). After the first $100,000+ lawsuit (I assume 40+ files), I don't think they'll do that again...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  250. Re:GPL too restrictive by hazah · · Score: 1

    Appearantly this guy's fallen to the same noob perception, and associated the word "free" with the word "cost" augh.

  251. Re:GPL too restrictive by GileadGreene · · Score: 1

    Which is precisely why the term "free" is a poor one. It is semantically confusing, and even contextual cues can be insufficient to determine which meaning is intended.

  252. Re:Sigh by GileadGreene · · Score: 1
    When it comes to the artists: Yes, they should be respected. But again, I don't believe it's morally wrong downloading music I didn't pay for, so I don't feel disrespectful towards those artists.

    You are not respecting their choices about music distribution. And yes, I've read your previous comment. But the bottom line is that the only thing you can know about how an artist regards file-sharing is the terms they choose (choose!) to distribute under. Are some artists getting screwed? Possibly. But it's their battle, not yours - you can't know who's getting screwed, and who's happy with the status quo. There are plenty of artists that either (a) choose not to join in the RIAA clusterf**k and become independent, or (b) negotiate with their studio to allow online distribution. Your claim to be "fighting for the small artists" is specious at best.

  253. I wish he would by Anonymous Coward · · Score: 0

    They deserve to be questioned about their use of GPL code.

  254. Re:Sigh by jedidiah · · Score: 1

    No, the bottom line is that the artists should benefit from any shakedowns by the RIAA or ASCAP done in their names. Alternatively, they should have the power to tell the labels and the lawsuit proxies to back off.

    However, that's not actually the case. If a band wanted you to have some of their music for free on their website, the could/would/have been overruled by their label.

    Infact, the cartel situation in popular music forces artists into a situation where they're basically forced to choose between indentured servitude or obscurity. If the labels could get away with it, they would have all music reclassified as works for hire.

    They even tried to pull that but the congress wasn't quite that much on the take.

    As far as what I believe: I believe the same thing that US Supreme Court Justice OConnor does.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  255. apostrophes by Anonymous Coward · · Score: 0

    it's = it is

    its is similar to yours, hers and his; no apostrophe here

    fees = plural of fee

    also I think whoever should be whomever, though I'm not absolutely sure and could have made a fool of myself

    as an aside, English is crap, but it's my first language (British) and I don't know of any better; you'll notice I don't use full-stops much

    GrimRC

  256. copyright problem by Anonymous Coward · · Score: 0

    as far as I understand it, the original (indivisable) work is copyrighted, and the derivative works of a copyrighted (indivisable) work are not copyrighted differently; small fixes might not be copyrightable (proof-reading a copyrighted book and making corrections doesn't grant copyright over the corrections); I think those contributing under the rules of the GPL, are meant to understand they don't have copyright on the moderate changes they make

    however, if a contributor adds significant functionality, and in so doing creates a separate code file (.c, .pl or whatever), then clearly that file has its own copyright; after all, copyright doesn't apply to ideas but to some concrete form; on the other hand, I could imagine the chapters in a book having individual copyrights, so where does the granuality end?

    copyright and "authorship" are slightly different I think; nobody can pretend to have produced a work that you actually produced, regardless of copyright (even if you assign copyright to them!), because that'd be some kind of misrepresentation

    why not refrain from adding your name to the copyright list at the headers of code files (that is where it is right?) unless you add a considerable amount to the file (like a chapter to a book)? you could review occassionally whether you consider you've done enough to warrant your name being added to the copyright list; you could create a second list of names of extra contributors and patches, with their names getting promoted to the copyright list as appropriate

    I should say I'm not a lawyer and may be very wrong

    GrimRC

  257. money maker? by Anonymous Coward · · Score: 0

    I've not seen anyone mention it yet; can this be a good way to make money? can a legitimate copyright owner sue for damages? would this be a good way for some contributors to some of the big projects to earn some money? even a small contributor to the Linux kernel should be able to sue many of the license violators, though presumably the size of their contribution may affect their personal damage awards

    I'm not sure about how one qualifies for damages; companies taking software like Linux and incorporating it without honouring the license are taking somebody's work and using it commercially; don't they deprive the copyright owner of recognition (which is hard to avoid with GPL)? shouldn't the copyright owner expect their work to garner them some recognition, when it is used in other projects and those projects must offer the source code?

    GrimRC

  258. Re:GPL too restrictive by russotto · · Score: 1

    Adding a few verses to a song doesn't make the new verses derivative. The modified song as a whole is, but you could sell the new verses separately without infringing on the original song's copyright.

    Linking to a GPLed work -- dynamically or staticly -- does probably create a derivative work. But dynamic linking isn't done by the distributor of the code; it's done by the end user. And the GPL does not restrict the making of derivative works for private use, so there's no violation there (there can be no contributory infringement without direct infringement).

    Including a header file doesn't necessarily make one's work derivative of the header file; the header file often doesn't actually cause any code to be generated. Rather, it sets out the APIs and layout of the data structures. This is unlikely to be copyrightable, and the FSF certainly doesn't want it to be copyrightable -- can you imagine the blow to interoperability if an API copyright was upheld?