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GPL 3 Forking Risks Discussed

sebFlyte writes ""I fear a lot of unpleasant forking action when the GPLv3 comes out." The words of Debian maintainer Matthew Palmer. ZDNet has an interesting look at the possibility of forking when GPLv3 emerges, with lots of reassurance from Eben Moglen (the FSF's chief lawyer)."

37 of 356 comments (clear)

  1. Whew by Captain+Nick · · Score: 5, Funny

    At least they aren't GPL spooning.

  2. From the GPL v2 text: by azmaveth · · Score: 5, Informative

    TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

    9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

    Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

  3. Is it just me... by Xeth · · Score: 3, Interesting

    Or is this not the best time for the Open Source community to divide itself (admittedly, there may never be a *good* time for such an action...)? Is the GPL much of a problem in its current incarnation? Like they say, if it ain't broke...

    --
    If your theory is different from practice, then your theory is wrong.
    1. Re:Is it just me... by Aadain2001 · · Score: 4, Insightful

      After reading the article, it seems like those who think there will be a "division" don't really understand the whole of the Linux world. There are MANY licenses in use by the FOSS world right now, and adding a new version (which addresses international copyright laws and patent issues) will not cause Linux to split into multiple camps. If GPLv3 turns out to be bad, then no one will use it and GPLv2 will remain the most used license. In the FOSS world, no one forces you to do anything like use a specific license when you want to use anyone instead (the developer that is, not the end user).

      --
      Space for rent, inquire within
  4. I'm always looking... by Anonymous Coward · · Score: 3, Funny
    for some forking action, but I never seem to get any.

    Oh yeah, this is slashdot.

  5. Pleasant forking action? by Cruithne · · Score: 4, Funny

    Has anyone ever encountered any pleasant forking action? This google image search is leading nowhere... perhaps safesearch needs to be off?

  6. And from the Linux Kernel "COPYING" file by Fruny · · Score: 4, Informative

    Also note that the only valid version of the GPL as far as the kernel is concerned is _this_ particular version of the license (ie v2, not v2.2 or v3.x or whatever), unless explicitly otherwise stated.

    1. Re:And from the Linux Kernel "COPYING" file by Anonymous Coward · · Score: 5, Insightful

      That means there will be no GPL v3 as far as Linux is concerned. Linus et al won't get every contributor to the table to agree to a license change. Without that happening, the kernel will have to remain under GPL v2 only. The relicensing of the Mozilla codebase (to the MPL/LGPL/GPL trilicense) has been a tedious process for the Mozilla project, and that is a considerably younger and smaller codebase.

    2. Re:And from the Linux Kernel "COPYING" file by R.Caley · · Score: 3, Funny
      If there is a will there is a way,

      I believe the correct quote is ``where there's a will, there are a hundred schemeing relatives''

      --
      _O_
      .|<
      The named which can be named is not the true named
    3. Re:And from the Linux Kernel "COPYING" file by bluGill · · Score: 3, Insightful

      Many rich people have left behind a foundation of money. Those who end up running the foundation often donate to political causes opposite of the ones the origional guy would have supported.

      Sure today RMS is in charge and will keep the GPL pure. RMS will not live forever, in fact he could be dead now having been hit by a bus on the way to work, and in a few moment the story will make /. Unlikely, but it could happen. Once he is gone who is to say corporate interests won't take over and made a version 4 license that allows unlimited modification and distribution without making any source public. Linux is protected, while everything v2 or latter is not!

      Of coruse Linux is taking the risk that something illegal will be found in the v2 license. That seems unlikely, but laws change all the time.

    4. Re:And from the Linux Kernel "COPYING" file by R.Caley · · Score: 4, Insightful
      I dispute that the BSDL is more free than the GPL.

      It gives the licencee more options, hence it is a more free licence.

      and thus the code quickly becomes less free.

      No, the code is always there licenced under the original terms, and so as free as it ever was. The worst that can happen is that someone else decides not to open up their work.

      The point of the GPL is to sacrifice a little freedom in order to encourage the creation of further open source software.

      The relevant point is that later licences can not restrict anyone's options, only open up more options. This means that all that is being `risked' is that encouragement to the creation of further open source derivatives, and that only if the FSF fundamentally changes it's nature.

      On the other hand, congrtess could pass a bill, or a judge make a decision, tomorrow which changed the impact of the GPL, say making the linux kernel unusable in commercial shops. Wouldn't that give Bill a stiffie. Who do you think Bill would be more likely to manage to buy off, the FSF or some congresscritters?

      The existance of a mechanism to patch a system is a security issue. The lack of any ability to do so is a limit to the useful lifetime of the system in a changing world.

      --
      _O_
      .|<
      The named which can be named is not the true named
  7. Mod parent up by FidelCatsro · · Score: 4, Insightful

    I doubt we will see any unplesant forking ,The license must evolve just as the software does .
    If we didnt patch the linux kernel and left security holes in it we would have alot of massive problems , the license is like any other code(all be it legal code) bugs will arise and it will need to grow to support new platforms and new inovations .
    Thus the clause in the license that the parent states gives the backwards and forwards compatibility if you want it .
    unplesant forking will rarely occur

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
    1. Re:Mod parent up by KiloByte · · Score: 4, Interesting

      Some of the contributors are dead, too, in the non-figurative sense.
      Try to get them to relicense the part they hold the copyright on.

      Linux is the biggest GPLed project, with many thousands of separate copyright holders. The mere code audit would take years, not to mention trying to actually contact them. They are often unreachable, their mail address may be no longer valid, they may use the name Anonymous Chinese Dissident #75483, they may be in a persistent vegetative state, etc etc.

      And the Berne convention forbids you to ignore even a single copyright holder.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    2. Re:Mod parent up by natrius · · Score: 3, Informative

      VS 2 and VS 3 will be fully compatible

      I'm not an expert on the GPL, but I don't think this is true. Version 3 of the GPL will add additional restrictions on top of what v2 does. GPL v2 explicitly states that you can't add more restrictions. The only way GPL v3 would be compatible with v2 is if it took away restrictions, which I don't think is the case.

    3. Re:Mod parent up by R.Caley · · Score: 3, Interesting
      Yes , but i dont see where the pains will come from .

      Every compyright holder must agree to a change in licence, no matter how compatable the licences.

      Do you want the job of goiong back through a the history of a major open source project and identifying everyone who made a non trivial contribution to the code, then finding them (all you have is an email address from 10 years ago), confirming it is the right person, getting in touch, getting them to sign a bit of paper, chasing them when they have better things to do, dealing with the heirs of the ones who have died... and doing that under many different legal systems.

      Yes, there will come a point where the remainig small contributions can be deleted and reimplemented, but they you have to do all the testing required to reassure everyone that the new function is at least as stable and secure as the previous one.

      No fun at all.

      --
      _O_
      .|<
      The named which can be named is not the true named
    4. Re:Mod parent up by Welsh+Dwarf · · Score: 4, Insightful

      The big problem though is that not all kernel devs are still contactable (or even still alive), so there would be a fair amount of rewriting involved in anycase.

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
  8. An impractical question by Anonymous Coward · · Score: 3, Insightful

    Since the majority of GPL-ed code (with Linux kernel being the most notable exception) is licensed under "GPL v2.0 or (at your option) any later version", wouldn't it be theoretically possible for FSF to publish, for example, GPL v10 saying "You can use and modify this software without any restriction whatsoever, but only if you are Microsoft (Sun, Google, whatever)"? In other words, they can effectively sell the rights to close the sources off all GPL-ed Free Software. Of course, Richard M. Stallman wouldn't do this, but, sadly, he will not live forever, and anyway, whole system shouldn't base its existence and safety on one man.

    1. Re:An impractical question by azmaveth · · Score: 4, Insightful

      Yes, the GPL could be changed in the future this way. No, it wouldn't effectively "sell the rights to close the sources" as you can still choose to use the earlier version of the license. You are not forced into using a later version - it is left as an option.

    2. Re:An impractical question by m50d · · Score: 3, Informative

      No, but if program foo says "version 2 or later at your option", then Steve Ballmer licenses a copy under v10 to Bill Gates who then can make a derivative of foo called foobar and sell it without giving users the sources.

      --
      I am trolling
  9. I wouldn't trust RMS by iamacat · · Score: 3, Interesting

    He has a particular purpose in mind, which is forcing everyone to release source to their software. Personally, I have a different goal - releasing my pet projects for free while making sure any commercial users will talk to me and negotiate attribution, compensation and so on. GPL V2 seams Ok for that, but I will never put an "... or later" clause. Maybe eventually FSF will prevent me from using my own code in commercial products or something. I am not sure intellectual property laws are beneficial (at all or beyond say 5 year duration), but even if people are allowed to copy binaries, I sure shouldn't be forced to give up my source.

    Given that Linus/many Linux developers seem to have somewhat different goals than RMS as well, it would indeed make sense for Linux developers to fork the license. It's time for something that follows pragmatic wishes of most free software developers rather than one person's political agenda.

    1. Re:I wouldn't trust RMS by latroM · · Score: 4, Insightful

      ...Maybe eventually FSF will prevent me from using my own code in commercial products or something.

      They can't do that. If you have written the code you can do whatever you wish with it. GPL allows you to use the software under it commercially.

      It's time for something that follows pragmatic wishes of most free software developers rather than one person's political agenda.

      I don't know about you but I value my freedom with free software. The pragmatical POW is too narrow.

  10. Yes, but... is it workmanlike by Anonymous+Cowdog · · Score: 3, Funny

    All this talk about forking is well and good. But what inquiring minds want to know, is will the GPL3 be written in a workmanlike writing style.

  11. Can't see the problem by rescendent · · Score: 4, Insightful

    Presumably this is to allow more protection from/for patents and copyrights.

    Most distributions include demo versions of commercial software, software in the public domain and software under other licences.

    Apache is included in most distributions and apache is under the Apache License and apache aren't entirely convinced their licence is compatible with the GPL...

    If Apache can be included, where's the problem?

    Just some early morning thoughts...

  12. Stop being afraid of Change by ites · · Score: 5, Insightful

    Remember that the version 2 of the GPL dates from June 1991. It is an incredible document, and I agree with Moglen's assertion that it's the basis of a multi-billion dollar industry. Stallman will go down in history as a visionary.

    But after 14 years, GPL/2 is starting to age. Yes, it addresses current problems, but remember that software written and licensed today must still be protected and viable in 15 years' time.

    There is absolutely no point in postponing the introduction of GPL/3. There must be a migration, and there will be a period of overlap.

    But change is not something to fear in itself. It's something to plan and to manage, and in this case, it's essential.

    Last thing: if you followed the FSF's recommendations as to how to use the license, your code would contain this text:

    # This program is free software; you can redistribute it and/or
    # modify it under the terms of the GNU General Public License as
    # published by the Free Software Foundation; either version 2 of
    # the License, or (at your option) any later version.

    Which all my company's GPL software contains.

    Thanks to Moglen, and the FSF for their fantastic work.

    --
    Sig for sale or rent. One previous user. Inquire within.
  13. Misunderstandings by bonniot · · Score: 4, Informative
    I will never put an "... or later" clause. Maybe eventually FSF will prevent me from using my own code in commercial products or something.
    I think you have two misunderstandings:
    1. As the copyright holder, you can always decide to release your code under another license.
    2. The "or later" clause is at your option, "you" being the licensee. This means that that clause can only grant new rights, not remove rights, since anybody can always decide to chose to see the software as licensed under GPL v2. This is similar to dual licensing.
    Both points mean that your fears are not founded.
    1. Re:Misunderstandings by Minna+Kirai · · Score: 3, Insightful

      The "or later" clause is at your option, "you" being the licensee. This means that that clause can only grant new rights, not remove rights, since anybody can always decide to chose to see the software as licensed under GPL v2. This is similar to dual licensing.

      Yes, but anyone who exercises that option may possibly find himself in the sad position of seeing commericial projects modify and re-release her code, without giving source OR compensation.

      The "or later" clause gives RMS (or whoever takes over the FSF someday) the option to do ANYTHING with any code released with GPL version X "or later". It sounds a little insane, but we should remember that Microsoft has enough dollars to buy almost anything, included the FSF!

  14. Linux: GPL2 *and* GPL3 by Stephen+Samuel · · Score: 3, Interesting
    I would expect that the GPL version 3 will be backwards compatible with GPL Version 2. As such some parts of Linux may remain under the GPL2 while others are updated to GPL 3 as they are maintained.

    Making GPL2 and GPL3 incompatible with each other is the kind of thing I'd expect Microsoft to do.

    --
    Free Software: Like love, it grows best when given away.
    1. Re:Linux: GPL2 *and* GPL3 by ShieldW0lf · · Score: 3, Insightful

      I haven't seen a draft of GPLv3 yet, but I know that one focus is to enable users of software to get access to the source, even if they don't have access to the binaries.

      That would be pretty stupid. Being forced to distribute source if you elect to distribute the binary is one thing. Being forced to distribute ANYTHING when you are just USING the software, however, is too ornerous to be tolerated. I would actively look for a GPLV2 fork of the code or use a closed source alternative before I would accept a license like that. And I sure as hell wouldn't recommend it to any of my clients.

      --
      -1 Uncomfortable Truth
  15. Re:Wow, by Minna+Kirai · · Score: 4, Insightful


    if you don't trust RMS then why the fuck are you using his license?


    People change. They can turn greedy and resentful. They may grow old and senile. And inevitably, they will die, and the organizations they lead will be repopulated with other people whose ideas are non-identical.

    Someone's past actions are infinitely more trustable than his future.

    If you trust RMS today, then use the GPL. If you trust RMS and all his succssors in the future forever, certain they can never be bought, bribed, or bludgeoned, then use GPL plus "at your option, any later version"

  16. Not that easy by Anonymous Coward · · Score: 5, Insightful

    If GPL3 mentions anything that is not in GPL2 (ie it places restrictions relating to patent litigation etc) then it cannot be compatible with GPL2.

    The only thing the GPL3 can do and still be compatible with GPL2 is to have fewer restrictions. In which case, what's the point, we already have BSD.

  17. acces to souce. by leuk_he · · Score: 3, Interesting

    That would be pretty stupid.

    Imagine a embedded device running linux. You can use it but the distibuter gives you no updated "firmware" and thus no binaries. The only way to find out it runs linux is to "hack" it.

    This might a way builders of embedded hardware try to circomvent the GPL since they give you no access to the binaries. (This is the way the embeded hardware builder would explain it, this is open to discussion. )

    Now comes the strange part: give out firmware updates would violate the GPL. now lets talk about stupid.

  18. Re: I didn't find this comment in the COPYING file by Ingolfke · · Score: 3, Interesting

    This clause was added in the 2.4.18 version of the file It did not exist prior to that. This seems that this would create a problem. If I submitted my work into the Linux kernel prior to 2.4.18 I would have submitted my work under the generic GPL and applied the license allowing for future versions of the GPL to be used. For Linus to make a blanket change to the licensing would violate the copyright holders intention and would be essentialy a violation of the GPL. Linus may have avoided this by securing certain rights from the copyright holder when the code was submitted. I doubt that happened. Also, any derivitive works that changed the licensing of the code to be more restrictive would seem to violate the copyright holders license.

    The problem gets worse, I think, because if I submitted code after the 2.4.18 release I would have submitted my code under a license that restricted my code to be license under GPL v2 only. Which would mean there is code in the kernel that is licensed under two different sets of restrictions.

  19. GPL v2.0, not any later version by inc_x · · Score: 3, Interesting

    There are two reasons I only use GPL v2.0 and not any later version:
    1) I don't want to license my software under terms I have never seen or read and over which I do not have any control.
    2) I strongly suspect that the "or any later version" part is not legally enforcable towards the copyright holder because the copyright holder (in this case that's me) had no opportunity to review the terms of a later version when he put that line in and does not have any control over such later version. The clause would be void in most jurisdictions IMHO. (but IANAL)

  20. codegraves on sourceforge by N3wsByt3 · · Score: 3, Interesting

    Well...the parent poster is being ironic, but at least partially right.

    I mean, no one can deny, when even having a superficial look at the different projects that are on sourceforge, that an enormous amount of them are just plain dead, or whithering away. Exept for the really big projects - which have like, a treshold of minimum 3 developers (or people that at least keep busy themselves a bit with the code) and half a dozen 'helpers' - almost all the smaller projects really just sizzle out.

    And then, some day, a new lonely coder gets up with the same idea, and he begins from scratch again, even though there are already myriads of dead projects that do the same. So, indeed, small projects keep being replicated, and, contrary to what one might exept, rarely is it working on top of an already existing (dead) project. Mostly they invent the wheel all over again, then they whizzle out (if they can't muster enough critical interest), and the whole process repeats itself.

    The result is what you see on sourceforge: some big thriving projects, a lot of smaller almost-one-man projects that usually go completely dead real soon (you always have exeptions, ofcourse), and already massive amounts of complete stone-cold-graves of forgotten small projects. Which anyone hardly seem to notice even when they decide to do similar things.

    It is rather mysterious how this is possible, seen the fact that FOSS projects are open to all. Why does there have to be 8 little projects that do in essence the same (but starve to death), instead that they all pull together and make one viable project? why do people reinvent the wheel, when there are so many basic (yet dead) projects they could use to build upon? Something is missing here...

    I think, the answer has partly to do with ego's: ppl want it to be "their" project, and even if others are welcome to contribute, those that started with the project (especially if it are one-man-projects) like to feel it is and remains 'theirs'. So, *even* if they know there are other, similar projects, they will rather steal (well, in case of OSS it's just allowed use ;-) code from other projects and incorporate it in theirs, then just to join an already existing one.

    But that doesn't explain it all, because not all coders are like that, and even those don't seem to be able to make efficient use of other works. The plain fact is, some do not really bother, or think it's to dificult to get to learn an already existing codebase (and simply prefer to start with one, so they know it well), and - more importantly - sourceforge sucks in finding projects that are similar to others, based on their internal code. Yes, sure you can search for generic terms on the application-level, but it's real hard to actually know what code could be useful or similar to some project you envisage.

    In any case, it's very clear which curve the projects on sourceforge follow: a very large part of dead or near-dead small projects at one end, a certain amount of medium projects that never seem to amass the critical level but still keep hanging on, and then a few big projects that have 3 or more active developers, a buch of 'helpers' and a large userbase, which will thrive.

    I'm not sure if all this is good or bad or 'normal', but I do think a system should be found to pull together all the working forces and/or code of (similar) small projects, so the chance of survival rises, there is less redundancy and reinventing the wheel and a critical mass can be more easily abtained. For that to happen, I fear sourceforge (and the likes) will have to become more efficient and just plain capable of letting people more easily recognise and bundle together similar projects in the first place.

    --
    --- "To pee or not to pee, that is the question." ---
  21. Re:Whats all the hubbub? Bub? by Cardinal+Biggles · · Score: 4, Informative
    The only change I'd like to see is " this code cannot be used by Microsoft or SCO or its subsidiaries, or employees in any fasion ". Or better "this code cannot be used by GW Bush to kill innocent people in any country under any circumstances whatsoever" or something to that effect.

    Then the GPL would no longer be an Open Source license, or even a Free Software license.

    See items 5 and 6 of the Open Source Definition ("No Discrimination Against Persons or Groups", "No Discrimination Against Fields of Endeavor"), or the Free Software Definition ("you should be free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to anyone anywhere .")

  22. Vaporware issues.. by iamsure · · Score: 5, Insightful

    If they'd stop talking about what it "will be" and "wont be", and put out a draft, they'd have *constructive* discussions instead of guessing!

    Look, seriously, yes, there are grave concerns, and its a hideously important document. However, there is no reason why they cant put v2 into a wiki, add some proposed changes, and start working with the community on modifications.

    This is at least the 10th story that has discussed A DISCUSSION OF WHAT WILL BE IN THE NEW VERSION!

    Its not even 5 pages long. They've already mentioned the high points of areas they want to improve/change (patents, webservices), and everyone is well informed!

    So just get on with it, and stop playing the vaporware game.

    In the meantime, the only GPL-like license that actually closes the web services loophole (the Affero GPL), which is mentioned as a template for the GPLv3, ISNT GPL compatible!

    It would be nice to have a GPLv2 compatible license that closes that loophole, so I'm waiting anxiously for a look at a license that will do it.

    Enough talk - WRITE!

  23. Make it compatible with the CPL and the Apache 2.0 by srmq · · Score: 4, Insightful

    It would be wonderful (especially in the Java camp) if the new GPL was compatible with the CPL and the Apache 2.0 licenses. Apparently the FSF even agrees somewhat to the additional restrictions that these licenses make (see http://www.gnu.org/licenses/license-list.html ), so it would be nice to address the problem.

    Being able to use Apache code and Eclipse with GPL projects would give a great boost to GPL Java projects.