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Clash of the Open Standards

Rollie Hawk writes "Open Source Initiative (OSI) and Computer Associates (CA) may agree that some housework is needed with open source licensing, but they may not be able to reconcile their views on the best solution. CA has a couple of possible solutions in mind for its proposed Template License. This license will likely be based on either Sun's Common Development and Distribution License (CDDL) its own Trusted Open Source License. OSI, which does not favor corporate-centered licensing, opposes such moves on a number of grounds. Specifically, they point out that CDDL is not GPL-compatible. While acknowledging the problems with license proliferation, OSI prefers a solution involving stricter criteria (including that approved licenses must me non-duplicative, clear and understandable, and reusable) and is proposing a "three-tier system in which licenses are classified as preferred, approved or deprecated." While there is no legal requirement for any open-source license to be approved by OSI, it is currently common practice for developers to get their license blessing from it."

142 of 215 comments (clear)

  1. GPL-compatible by Anonymous Coward · · Score: 5, Insightful


    Specifically, they point out that CDDL is not GPL-compatible.

    Umm... so? Since when was the GPL the pinnacle of open source licensing anyway? Licenses pushing a corporate agenda aren't really any worse than the GPL which pushes a political agenda.

    1. Re:GPL-compatible by Otter · · Score: 4, Insightful

      And OSI has an official standard that doesn't demand GPL compatibility. I sympathize with their opposition to license proliferation (although in the absence of proliferation, why would licenses need to be certified?), but it seems inappropriate to deny certification to licenses that meet their published standards.

    2. Re:GPL-compatible by Kjella · · Score: 1

      Umm... so? Since when was the GPL the pinnacle of open source licensing anyway?

      It is not a pinnancle but a standard. It is like talking about a computer that is not compatible with a Windows network. If they couldn't coexist in the same network (product), it would be a niche computer (license) regardless of its qualities.

      A standard boilerplate corporate license would be great, compared to the custom brew everyone has today. But to make an OSS license that is almost-but-not-quite compatible with the GPL, well that's just asking for grief. RMS will realize that too once he releases the GPLv3.

      I still hate left-over old-style BSD licenses, which due to the ad clause is incompatible with the GPL. You want to create a OSS project, either license would be fine with your code. Except the parts you need are on different sides of a fence. Pick one. What good does that serve? While I understand the need for different licenses like GPL - LGPL - BSD, creating several licenses to serve the same purpose is a waste for everyone.

      Kjella

      Kjella

      --
      Live today, because you never know what tomorrow brings
    3. Re:GPL-compatible by squiggleslash · · Score: 5, Insightful
      The GPL is a neutral copy-left. It doesn't give special rights to the "initial developer". It's well understood, there's a large body of code licensed under it, and whether you agree with the politics behind it or not, it's a good baseline for those who want a copy-left license.

      Why is this important? Because most developers want compatability with some common license. If the MPL and CDDL were compatable with the GPL, then there would be ways of mixing code licensed under one with the other.

      Not having compatability harms Freedom. It means that you cannot "use" code under circumstances that most Free Software advocates, and probably most Open Source advocates, would consider reasonable and a requirement for software to be considered Free or Open Source.

      Yes, it doesn't have to the GPL. But there are no other real candidates. The BSD license doesn't do it because it has no requirement that further conditions be eliminated, so while BSD code can go in an MPL project, the fact the CDDL is compatable with the BSD license doesn't mean CDDL code can go into an MPL project.

      Other licenses are, for the most part, more obscure and are no better than the GPL, or are not neutral. Some are even incompatable with themselves as they grant special privileges to an "Initial Developer", which means two projects under such licenses with different initial developers cannot share code.

      So for the time being, GPL compatability needs, as far as many people are concerned, to be the baseline test of whether a license is a good one, regardless of whether - on the surface - it is "too political".

      If you hate the fact that software can be called Free or Open Source and yet you can't use code from one project in another, you should be opposed to incompatable license proliferation. Incompatable licenses are killing Free Software.

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:GPL-compatible by marvin2k · · Score: 4, Insightful
      While I understand the need for different licenses like GPL - LGPL - BSD, creating several licenses to serve the same purpose is a waste for everyone.
      What worries me is that most people seem to be so fixated on the GPL that they don't realize that this license simply doesn't work for everybody. I think there need to be three "template licenses" instead of one:

      One "I only want to make my work available to other open source authors" license (GPL).
      One "It's ok if my work becomes part of a non-open-source product but I still want that people contribute any changes to my code back to the community" license (LGPL).
      And finally one "I don't really care" license (BSD).

      I think trying to force everyone to use the GPL simply *has* to end in things like the CDDL because the companies don't feel they have any other choice.
    5. Re:GPL-compatible by smittyoneeach · · Score: 1
      they don't realize that this license simply doesn't work for everybody
      On the contrary: I think they realize very well the implications of the GPL, but they have raised ethical concerns to the level of a zero-sum game.
      However, I don't see how anything less than such a viewpoint can keep a market going, given the tendency towards monopolies, and the indifference of the government towards those monopolies.
      Maybe if we put all of the extreme characters in a room and force them to watch Barney until they agreed to get along...
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    6. Re:GPL-compatible by jbolden · · Score: 3, Insightful

      Since when was the GPL the pinnacle of open source licensing anyway?

      When Linux (speaking of the kernel) became the flagship opensource project the GPL became the pinnacle. Linux brought a huge number of people into Unix and gave them a political orientation that while somewhat hostile to the FSF as "leader" was very congruent with their philosophy.

      Today:

      1) The GPL is far and away the most common open source license

      2) Projects that were not previously GPL have converted over, Mozilla (the project) being the most important example. That is there has been a shift towards even greater adoption.

      3) Licenses which are not compatible with the GPL tend to receive very little community support.

      If that isn't the pinnacle what is?

    7. Re:GPL-compatible by asaul · · Score: 1

      Have you stopped to consider that it is the GPL that is incompatible with the other licenses, not the other way around?

      For example, you can mix and match code from CDDL, BSD and MPL all you want, there are no restrictions in that regard. When you throw GPL in, you have to license the entire kit and kaboodle under GPL.

      Now, if that is a good or bad thing is an entirely seperate debate - while I dont agree in general with the locking up of code, I do understand there are reasons why some entities may not want that to be the case.

      Example - a company works with an OSS project and contributes code back on a regular basis. They have an opportunity to provide the project with support for a new deice, but the information they can do this with is covered under an agreement that prevents them releasing the code for this device. Under BSD or CDDL, no problem, they are not required to provide the code. Under the GPL, they cannot do this - development is stifled. Of course, the root of the problem is the locking down of the required information - but often we are talking buisness and competition issues i.e the real world.

      Not a bash of the GPL, just pointing out that one size doesnt fit all.

      --
      "If everybody is thinking alike, somebody isn't thinking" - Gen. George S. Patton
    8. Re:GPL-compatible by eviltypeguy · · Score: 3, Informative

      Technically, it's the GPL that's incompatible with the CDDL, not the other way around. This is because the GPL states that the other code can't have any additional requirements basically.

      Just a technicality...

    9. Re:GPL-compatible by Ithika · · Score: 2, Interesting

      All three of the licences you list are compatible with the GPL.

    10. Re:GPL-compatible by wed128 · · Score: 1

      I think that the public focus, at least towards open source software, has shifted to see firefox as the most glaring example. Still GPL IIRC, so the point is moot, but as far as i can see, firefox has more users than linux will for a while.

    11. Re:GPL-compatible by squiggleslash · · Score: 1, Interesting

      Have you stopped to consider that it is the GPL that is incompatible with the other licenses, not the other way around?

      Apologies for sounding pedantic here, but this is incorrect. The GPL cannot be incompatable with the CDDL and MPL without the MPL and CDDL being incompatable with it. It's obviously silly to describe one as incompatable with the other but not the other way around. The MPL and CDDL most certainly are incompatable with the GPL.

      If you badly worded the above, and meant the emphasis should be on the GPL in terms of where the problems are coming, my entire posting addresses that: The GPL is neutral, it requires the imposition of no further restrictions, and therefore is one of the few players in town that qualifies as a legitimate baseline FOSS license for licenses to aspire compability with. The same is not true of the CDDL, MPL, or non-copyleft licenses such as the BSD and X11 licenses. The former are not project neutral. The latter do not prevent more conditions being attached, which essentially makes them useless from an interoperability point of view.

      For example, you can mix and match code from CDDL, BSD and MPL all you want, there are no restrictions in that regard.

      No, you can't.

      The MPL is not compatable with the CDDL and vice versa. You cannot use code from an MPL project in a CDDL project. In fact, the licenses get legally problematic even when you try to combine code licensed under the same license from two different projects sourced by two different "Initial Developers". So not only is the MPL and CDDL incompatable with the GPL and each other, but frequently not even themselves!

      When you throw GPL in, you have to license the entire kit and kaboodle under GPL.

      There really isn't a lot of difference in the case of the MPL and CDDL. Both require that any relicensing be done under a license that imposes the same restrictions and grants. Essentially they're saying "You can relicense this under any license you want, as long as it's this one, or a rewrite." Most additional rights granted are, in any case, a re-statement of copyright law.

      The real problem with both is that both try to elevate the initial developer to a special status. While it might be understandable, it's by design going to create problems getting multiple projects to cooperate. As soon as you say "This license does something special if {something that's project specific}", then you're into incompatable licenses.

      Example - a company works with an OSS project and contributes code back on a regular basis. They have an opportunity to provide the project with support for a new deice, but the information they can do this with is covered under an agreement that prevents them releasing the code for this device. Under BSD or CDDL, no problem, they are not required to provide the code. Under the GPL, they cannot do this - development is stifled. Of course, the root of the problem is the locking down of the required information - but often we are talking buisness and competition issues i.e the real world.

      In the situation you describe, the "fault" doesn't lie with the GPL. There's nothing stopping the developers - as a group, all of them who have contributed code - from saying "Yes, we'll do this closed source thing for this particular module", because the developers own the copyrights, and can agree, as a group, to dual license. This, of course, doesn't mean the developers will, it may be - shock horror - that the developers are opposed to their work being used in proprietary code, which leaves the company that wants to restrict the information used for the device driver the major stumbling block.

      The CDDL, incidentally, doesn't allow this any more than the GPL does with the possible exception (and the CDDL is actually vague here, which makes matters worse) of the "initial developer" who gets some special rights. Both the MPL and CDDL are so-called "weak

      --
      You are not alone. This is not normal. None of this is normal.
    12. Re:GPL-compatible by poot_rootbeer · · Score: 1

      Linux brought a huge number of people into Unix and gave them a political orientation

      No, fuck that. I don't look to my COMPUTER OPERATING SYSTEM for a "political orientation", and neither should anyone. I look to an OS to make my computer usable. EOM.

      (Go ahead and mod me down for speaking so bluntly, I've got Karma to burn...)

    13. Re:GPL-compatible by jbolden · · Score: 1

      Well not discounting your personal opinion, but how does your opinion about what you look for address my 3 points in response to the original poster?

    14. Re:GPL-compatible by SunFan · · Score: 1

      I don't look to my COMPUTER OPERATING SYSTEM for a "political orientation", and neither should anyone.

      I second that. This whole GPL debate has decomposed into a Chevy-vs-Ford pissing contest, complete with those Calvin-pissing-on-stuff window stickers.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    15. Re:GPL-compatible by zarr · · Score: 1
      No, fuck that. I don't look to my COMPUTER OPERATING SYSTEM for a "political orientation", and neither should anyone. I look to an OS to make my computer usable. EOM.

      That's the attitude that will allow people with a political orientation opposite of that of the free software movement to make your computer less usable. If you're to blind to see that, then you deserve the cripled, microsoft branded, drm infested, sell-your-soul-to-satan, multimedia/email/crap-appliance you'll end up with.

    16. Re:GPL-compatible by s20451 · · Score: 1

      You have an odd definition of neutral. In fact it would appear that your definition of neutral is almost synonymous with "GPL-compatible". The GPL places restrictions on downstream developers, and it's well known by now that GPL code is not usable in large code bases, unless that base is already GPL to begin with.

      A better choice for a truly neutral default license, that imposes as few restrictions as possible on the end user, would be the BSD license.

      --
      Toronto-area transit rider? Rate your ride.
    17. Re:GPL-compatible by squiggleslash · · Score: 1
      In fact it would appear that your definition of neutral is almost synonymous with "GPL-compatible".
      No, my definition of neutral is neutral. The GPL doesn't favour any project or any developer. Your suggestion incidentally suggests you didn't bother to read anything I wrote, as the discussion is about finding a license to be compatable with. As I said, the issue right now is that there's no other candidate on the table. The GPL is the only neutral license that's widely used and provides for no further restrictions being added. You're welcome to write an alternative.

      A better choice for a truly neutral default license, that imposes as few restrictions as possible on the end user, would be the BSD license.
      No, it wouldn't. As I said above, the BSD license doesn't allow for reciprocal licenses, it allows a licensee to impose more restrictions on the use of their code. It is therefore unacceptable as a license to be compatable with. Otherwise all code goes one way - you can develop new code under the BSD license and someone can MPL it, but not vice-versa. You can't take code from an MPL project and make it BSD.

      Right now, the discussion is about legal practicality. We need a way to be able to combine code from different projects. If those projects are a mix of CDDL, MPL, et at, we can't do that. The only way to get this to work is if the projects are compatable in that their licenses are compatable with a common, neutral, license, that is the code licensed under the project-specific license can be relicensed under some other license. This is not possible, and will never be possible, with an overly liberal license like BSD or X11. Think practicality.

      I appreciate this is a difficult subject to understand, especially on Slashdot where "The GPL is 3v1l! BSD is free!!!11!!" is taken as a non-ideological statement, but I want to give you a specific example that might make it easier to see what the issue is:

      Suppose I want to take some Solaris code and put it in Darwin. The former is licensed under Sun's CDDL. The latter under Apple's APSL.

      If we were to go to Apple and Sun, and asked them to modify their licenses so I could do this, legally, what do you think they'd want?

      1. To modify their licenses so it's possible to take their code and relicense it under a neutral copyleft, such as the GPL, preventing their code from being used in proprietary projects made by their competitors?
      2. To modify their licenses so it's possible to take their code and relicense it under a neutral non-copyleft, such as the X11 license, allowing their code from being used in proprietary projects made by their competitors?
      If you said (2), you might want to look at both the CDDL and APSL. Both are essentially licenses that prevent anyone other than the "Initial developer" (ie Apple and Sun in the case of Darwin and Solaris) from putting code in proprietary projects. Why would they suddenly be happy with a loophole you could drive a train through being introduced into their licenses?
      --
      You are not alone. This is not normal. None of this is normal.
    18. Re:GPL-compatible by bcrowell · · Score: 1
      The BSD license doesn't do it because it has no requirement that further conditions be eliminated, so while BSD code can go in an MPL project, the fact the CDDL is compatable with the BSD license doesn't mean CDDL code can go into an MPL project.
      I guess it depends on what you mean by "doesn't do it." There are many very successful open-source projects that have BSD-ish licenses, including Perl and FreeBSD. Yes, that means it's possible to take code from them and incorporate it into proprietary software without giving back. Whether that's a problem or not depends on your point of view. Yes, Apple did use a bunch of code from the BSDs in OS X, but Apple did also give back to the community in various waves. Did they give back enough? Well, that's not a judgment we even have to make. The people who chose the original license for the BSDs knew what they were doing, and intentionally did not try to force any particular level of reciprocality.

      I'm not trying to be a license troll here. I'm relatively indifferent to BSD vs GPL. (Often I dual-license my code.) But it doesn't make sense to dismiss BSD licenses out of hand, when they have such a good track record of helping to build the free information movement.

    19. Re:GPL-compatible by Trepalium · · Score: 1

      I would like to know where the basis for this "file-based" theory came about. I see nothing in the CDDL that specifies this. It only talks about "modifications", which must be licensed under the terms of the CDDL, and "Larger works" which can be subject to any license you wish, with the stipulation that the portions that are under the CDDL license are still bound by it. It does not specify that a file is the boundary where a modification ceases, and larger work begins.

      --
      I used up all my sick days, so I'm calling in dead.
    20. Re:GPL-compatible by Inzkeeper · · Score: 1

      No. Wrong. Try again.

    21. Re:GPL-compatible by m50d · · Score: 1

      No, it's the CDDL for not allowing additional requirements either. More seriously, they are both incompatible and would be equally responsible except for the fact that the GPL was written first. The onus is on newer licenses to be GPL-compatible, not the GPL to be compatible with as-yet-unwritten licenses.

      --
      I am trolling
    22. Re:GPL-compatible by Jesus_666 · · Score: 1

      Another important license (at least as far as I'm concerned) is zlib, as that's about as close to public domain as you can get in Germany. German copyright law doesn't allow you to abandon your ownership of a work; if you have written it you have the copyright, period. (No, we don't have unlimited copyright; in Germany the copyright times out after 70 years, no matter how long the author lives.)

      Occasionally I organize programming contests in a small forum. Of course all entries have to be delivered as publically-accessible sourcecode and most users would agree that by submitting them they implicitly put their code in the public domain. Since you can't do that over here I've started to put a link to opensource.org/licenses/zlib.php up with the rules, in case people want to legally release their code.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    23. Re:GPL-compatible by SunFan · · Score: 1, Insightful

      "The GPL doesn't favour any project or any developer."

      The GPL favors GPL projects and GPL developers.

      If those projects are a mix of CDDL, MPL, et at, we can't do that.

      Please show me how code under the BSD license, CDDL, and MPL are impossible to combine in a single project (e.g,, one linked into a single executable binary). My understanding is that they can be combined with no problems, given licenses don't mix within individual files.

      "Suppose I want to take some Solaris code and put it in Darwin."

      You create a module that contains the Solaris code and link it into the final program. What in the licenses prohibits this?

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    24. Re:GPL-compatible by SunFan · · Score: 1

      OpenSolaris FAQ

      Look part way down for "CDDL is file-based; that means that files licensed under the CDDL can be combined with files licensed under other licenses, whether open source or proprietary."

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    25. Re:GPL-compatible by SunFan · · Score: 1


      Also, IANAL, but the CDDL itself frequently talks about "larger works", where a "larger work" can contain non-CDDL code.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    26. Re:GPL-compatible by Donny+Smith · · Score: 1

      > The GPL is a neutral copy-left. It doesn't give special rights to the "initial developer".

      Uhm, it gives the initial developer a very big right - the right to all consecutive derivative works.

      >The BSD license doesn't do it because it has no requirement that further conditions be eliminated

      So it's freer than GPL as it does not impose that requirement on the licensee.

    27. Re:GPL-compatible by Narchie+Troll · · Score: 1

      > Uhm, it gives the initial developer a very big right - the right to all consecutive derivative works.

      It gives everyone the right to all consecutive derivative works. Pretty significant difference there.

    28. Re:GPL-compatible by RodgerDodger · · Score: 1

      I like the way the Creative Commons licenses work. Simple web-interface, you describe the attributes you want, they give you the legalese. Problem solved.

      --
      "Software is too expensive to build cheaply"
    29. Re:GPL-compatible by Trepalium · · Score: 1
      It would appear I missed an important part of the license when I first read through it. Section 1.9 lays out how modifications interact on file boundaries during the definition of the term "modifications". The fact that Larger Works was not a defined term still strikes me as a little strange.

      The CDDL appears to be a very effective license in ensuring that bug fixes are contributed back into the mainline, but is really no more effective at getting features re-integrated than a simple BSD license. I suspect that was their intention. The patent clauses are pretty good, too. Too bad the GPL doesn't have any -- it's a real deficiency these days.

      --
      I used up all my sick days, so I'm calling in dead.
    30. Re:GPL-compatible by m50d · · Score: 1

      Yes it is. The GPL predates open source. Requiring it to be compatible with other open source licenses when not only did they not exist but the whole movement hadn't started at the time it was written is ridiculous.

      --
      I am trolling
    31. Re:GPL-compatible by the-build-chicken · · Score: 1

      Not having compatability harms Freedom.

      Do you even read your own posts....If you don't do it our way it's not freedom

      You ass!

  2. Kudos for some simplicity by syntap · · Score: 4, Interesting

    proposing a "three-tier system in which licenses are classified as preferred, approved or deprecated.

    With all the nuanced licenses appearing, this is good to see. Then again for my needs all I want to know is GPL-compatible or not.

  3. Actual impact by danbond_98 · · Score: 4, Insightful

    But the question really is, how much do people care about this? There seem to be a couple of licences most open source softwares use, being the GPL and the BSD licences, and only odd examples use others. Yes, the big big things like apache and the like have their own licenece, but for most people writting a small application, as well as a lot of larger projects, those two seem to cover it.

    1. Re:Actual impact by foobsr · · Score: 2, Informative

      Maybe a little more complicated, given that the FSF lists some 80+ licenses, documentation related ones not included.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    2. Re:Actual impact by Daniel+Dvorkin · · Score: 1

      Can't speak for anyone else, but for myself, I care about the Artistic License, which to me has always seemed a very nice middle ground between BSD and GPL. I'd be sorry to see it drop off the OSI-approved list.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:Actual impact by CDarklock · · Score: 3, Interesting

      I think there's one major faction which isn't covered by GPL and BSD, where people don't want their software redistributed in modified form. OSI recognises this and provides for it by allowing licenses which require redistribution to be in P3 format (Pristine Plus Patches), but there's no real consensus on one license that covers this need.

      There are a lot of companies who agree completely with the idea of releasing source code, but really dislike the "unrestricted redistribution" thing. A solid industry-standard P3 license would alleviate some of their fears, and could get more projects out there in the open source world.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
    4. Re:Actual impact by Anonymous Coward · · Score: 2, Insightful

      the GPL and the BSD licences ... those two seem to cover it.

      I guess for most people. Personally, I'd like a license that lets me release code to the public and allow royalty-free distribution, but I don't want the GPL problem of people being able to take over my project (1), nor the BSD problem of companies being able to profit from my work (2).

      (1) - I wouldn't want someone like X.org taking a previous version of my software and forking it, effectively destroying my userbase -- for any reason other than discontinuation of my software. Even if they added features I didn't have. Even if their software was better than mine. Call that greedy if you want, but I don't think it's unreasonable to want to control your work to avoid dillution of strict standards it follows [think incompatible themes/formats/whatever between various alternative versions of your software], and control over the direction your application progresses towards.
      Given the open source code, I wouldn't mind people using it as a reference for an original from-scratch project, nor for personal modifications.

      (2) - Not much needs to be said here. I wouldn't want Microsoft or whoever to benefit from my code without compensating me for my efforts. Nor would I personally want to be compensated for what is, ultimately, a hobby to me.

    5. Re:Actual impact by Daniel+Dvorkin · · Score: 1

      Speaking from the point of view of someone less deeply engrossed in the geek culture, I'd like to say that these licenses confuse the hell out of me.

      GPL? BSD? I mean, to me it means very little. Then again, it may well be important, but it'd be nice if we could see some sort of umbrella license that made it all clear to normal people. Free, open source, software should have a clear explanation of the terms in simple language, this way it'd be more likely that people would read them, instead of just clicking "I Agree". All these acronyms confuse lots of people!


      "Normal people" can very easily read the licenses in question on the OSI site or one of about a bazillion other sites, as well as lots and lots of commentary. These licenses are, in fact, much simpler than all the garbage Microsoft et al. throw at you above the "I Agree" button -- and even better, with open source programs, in the overwhelming majority of cases, you don't have to click an "I Agree" button to use the software! As a rule of thumb: if you write or distribute software, you should pay attention to the differences between the licenses; if all you do is use it, it's really not important.

      And this is really not a geek culture issue; it's a business law issue, about an aspect of that field which happens to be mostly the concern of geeks.

      Finally, if we use acronyms a lot, it's because typing out the full names gets tedious. If you want to engage in the discussion in a meaningful way (which, given your user name, I doubt ...) then you should spend the requisite, I don't know, ten minutes or so to learn the terminology.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    6. Re:Actual impact by jbolden · · Score: 1

      Are company's with this opinion OK with people taking parts of their code and creating similiar projects?

      If so: Then how is this different than a heavily modified version? If the issue is the name then why not just use trademark protection (i.e. you change it you have to call it something else)

      If not: Then what is the virtue of making it open source in the freedome sense at all? Why doesn't the company just retain all rights and redistribute "official versions: themselves?

    7. Re:Actual impact by jbolden · · Score: 1

      Those sorts of licenses exist. They start with XYZ retains all rights. Then you specifically grant some feature like:

      1) You have the right to redistribute without cost
      2) You have the right to use this project for learning

      etc...

      But that's a commercial license not a free license so it doesn't come up.

    8. Re:Actual impact by mattyrobinson69 · · Score: 1

      the LGPL is an important license too. if you write a library and dont want those corporate types using your code without releasing the changes, but want them to beable to link with it (GTK for example), the LGPL is very useful.

    9. Re:Actual impact by Ithika · · Score: 3, Interesting

      Given requirement (1), why bother use an open licence at all? If you can't fork, why bother opening in the first place? If I can't improve it without your say-so, it's not really open.

    10. Re:Actual impact by Ithika · · Score: 1

      But the whole point of its openness is that you should be able to adapt and improve on it, even if they abandon it/die/get taken to prison/sacrificed to the gods.

    11. Re:Actual impact by russotto · · Score: 1

      Your "no forks" idea is pretty much incompatible with the whole idea of open source, not just the GPL. "Here's my code, don't use it" isn't open source.

    12. Re:Actual impact by SunFan · · Score: 2, Insightful


      This is very likely why Sun doesn't cave into demands that their Java implementation be completely converted to the GPL. If they were to do this, all of their major competitors can start doing "value added" modifications to lock in their customer bases. That would be a bad thing for Java.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    13. Re:Actual impact by Jussi+K.+Kojootti · · Score: 2, Insightful

      I believe your license is called 'Shared Source'.

    14. Re:Actual impact by m50d · · Score: 1

      But there are perfectly good PPP open source licenses, the QPL being a prime example, and Sun has already written what, 4 new licenses to use with some part of Java, so the fact that there's no major PPP-only license can't be what's holding them back.

      --
      I am trolling
    15. Re:Actual impact by CDarklock · · Score: 1

      > what is the virtue of making it open
      > source in the freedome sense at all?

      Theoretically, having the source *available* is what open source is REALLY about. All the technical benefits of open source come from a large community of users and developers examining the source code -- what OSI calls "massive peer review". This is good, and it's never anything *but* good.

      Exclusive redistribution rights, on the other hand, have a significant value. Giving those away is painful for a traditional company, because you can concoct any number of horror stories about what might happen. Someone might, for example, write a virus into your code and stick it on a public server -- getting your product and your company blamed for the virus.

      Most of those horror stories disappear if you can stipulate that no matter where you get the product, you will get the *same* product the company originally produced. So by requiring P3 redistribution, a lot of companies who might otherwise keep their source code proprietary can be persuaded that the glass is a lot more than half full.

      There is really no technical downside to P3 in comparison to a project fork, and there might actually be several benefits.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
    16. Re:Actual impact by Narchie+Troll · · Score: 1

      Nobody clicks "I Agree" for a free software license. They only apply to redistributors, not to end users. If you don't understand the license, you shouldn't be redistributing the software.

    17. Re:Actual impact by jbolden · · Score: 1

      OK this explnation makes sense (except the last sentance). I'm not sure you'll get the massive peer review however without outside people working on the code. The history of asymetrical licenses (most of which are far short of P3) is that you don't attract outside help. So my guess is that in practice the company doesn't get much and open source world doesn't get much. I guess from an internal standpoint though if developers know the code will be public they might be less likely to go for ugly hackish type solutions.

      There is really no technical downside to P3 in comparison to a project fork, and there might actually be several benefits.

      I can think of lots of technical advantages to forks. In general virtually ever fork I can think has resulted in the projects going in substantially different technical directions and has in the end benefitted both projects (I'm not sure if it has benefited them more than the duplication of efforts hurt the projects however). Freedom to fork has been very important for open source development, where it has been harmful has been for users of open source software.

      That is:
      XEmacs helped emacs stay relevent for another 7 years or so.
      The gcc fork has without question assisted gcc to the point the original project shut down in favor of the fork
      LaTeX/TeX fork was so succesful that TeX is mainly used as a "backend" for LaTeX.
      etc...

    18. Re:Actual impact by webmaven · · Score: 1

      The terms you're looking for are 'visible source' and 'freeware'.

      --
      The real Webmaven is user ID 27463. I don't rate an imposter, because my ID is such a lame-ass high number.
  4. licensing-nonsense by N3wsByt3 · · Score: 4, Insightful

    Free licence are free, and if they aren't, they shouldn't be portrayed as such.

    We're not going into that debate again, I hope? the same thing with "which is more free: BSD or GPL".

    There is NO difficulty here: BSD, by nature, is more free, yes. But to *keep* it free, GPL is better suited.

    And such is the case with all 'open' licenses: some may be more free, others may suit some particular need better.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:licensing-nonsense by wxprojects · · Score: 1

      Of course, if you really want it to be free you make it public domain :). Avoids all the licensing nonsense except in a few odd countries like Japan. GPL is more "forced freedom" rather than freedom in and of itself...

    2. Re:licensing-nonsense by Saeger · · Score: 1

      BSD is only more free if you consider the freedom to "enslave", freedom.

      --
      Power to the Peaceful
    3. Re:licensing-nonsense by merdark · · Score: 1

      Enslave? So your code is sentient then? Sorry, we do not apply the term freedom, as in political freedom, or freedom from jail, to non-living object like code.

      The specific code you as a developer release under the BSD license will always be avaliable and free. Forever. Modifications that someone else makes, those may not be free to you.

      Please stop twisting around the english language to try and suite your political agenda. You are advocating a license which gives you more control over what downstream developers do with the code. So don't try to be all high and mighty and talk about freedom. You want *control*.

    4. Re:licensing-nonsense by aCapitalist · · Score: 1

      That's the problem with the Stallmanists and why they always lose their arguments. They try to anthropomorphize code, which is obviously silly.

      Look at your parent. He's either trolling or so mentally disturbed that he thinks software is SkyNet or something.

  5. Look closely by bogaboga · · Score: 4, Insightful

    When one looks closely at these licensing issues, one discovers that it ia always about the money and control. I will admit bias here. I read all the links with the bent mind toward the belief that it's always about the money.

    1. Re:Look closely by bogaboga · · Score: 1

      It would be better if you provided examples of the risks one could see in an assumed example of an Open Source License. It is correct to modify your last sentence to read..."Thus, they go and write their own license to cover the percieved risks that they apparently see."?

    2. Re:Look closely by CodeBuster · · Score: 1

      It's about the money because some (most) programmers have themselves or possibly a family to feed and the mortgage really is due at the end of the month. The college student existence with no money and free as in beer is fun for a while, but eventually we all have bigger goals and those usually, but not always, require money.

  6. Re:Licensing Open Source: Is this really necessary by smittyoneeach · · Score: 2, Funny

    1. In your mailbox, you discover a subpoena.
    2. ????
    3. (Profit)!!!

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  7. Re:Licensing Open Source: Is this really necessary by 0x461FAB0BD7D2 · · Score: 5, Insightful

    It's open, but that doesn't mean that anyone can do what they want with it. That amounts to licentiousness, and not freedom.

    Licensing open-source software ensures that the developers work is not abused or ripped off by companies seeking a quick profit. Any code written under an open-source license is to remain free forever, at least theoretically.

    And before Slashdotters start asking why it's ok for developers to license code and not for the RIAA to license music, remember that the former means profit for the violator, while the latter doesn't.

  8. Re:Licensing Open Source: Is this really necessary by rdc_uk · · Score: 1

    "And before Slashdotters start asking why it's ok for developers to license code and not for the RIAA to license music, remember that the former means profit for the violator, while the latter doesn't."

    allofmp3.com would like to disagree with your assertion that you don't make money by violating music "licensing"...

  9. The great thing about standards... by 00squirrel · · Score: 5, Funny

    ...is there are so many to chose from!

  10. Re:Licensing Open Source: Is this really necessary by 0x461FAB0BD7D2 · · Score: 1

    I was referring primarily to students and the like who download, but don't make a profit.

    My bad.

  11. more than two? by brontus3927 · · Score: 2, Interesting

    Not to ask a stupid question (I know there are no stupid questions, just stupid questioners), but:
    Exactly how many open source licenses are there? When I first started looking at open source, I only knew of GPL. Then I learned of BSD. Up till now, I was under the impression that those two were the only open source licenses.

    1. Re:more than two? by Antity-H · · Score: 1, Informative

      from http://www.opensource.org/licenses/ :
      Academic Free License
      Adaptive Public License
      Apache Software License
      Apache License, 2.0
      Apple Public Source License
      Artistic license
      Attribution Assurance Licenses
      New BSD license
      Computer Associates Trusted Open Source License 1.1
      Common Development and Distribution License
      Common Public License 1.0
      CUA Office Public License Version 1.0
      EU DataGrid Software License
      Eclipse Public License
      Educational Community License
      Eiffel Forum License
      Eiffel Forum License V2.0
      Entessa Public License
      Fair License
      Frameworx License
      GNU General Public License (GPL)
      GNU Library or "Lesser" General Public License (LGPL)
      Lucent Public License (Plan9)
      Lucent Public License Version 1.02
      IBM Public License
      Intel Open Source License
      Historical Permission Notice and Disclaimer
      Jabber Open Source License
      MIT license
      MITRE Collaborative Virtual Workspace License (CVW License)
      Motosoto License
      Mozilla Public License 1.0 (MPL)
      Mozilla Public License 1.1 (MPL)
      NASA Open Source Agreement 1.3
      Naumen Public License
      Nethack General Public License
      Nokia Open Source License
      OCLC Research Public License 2.0
      Open Group Test Suite License
      Open Software License
      PHP License
      Python license (CNRI Python License)
      Python Software Foundation License
      Qt Public License (QPL)
      RealNetworks Public Source License V1.0
      Reciprocal Public License
      Ricoh Source Code Public License
      Sleepycat License
      Sun Industry Standards Source License (SISSL)
      Sun Public License
      Sybase Open Watcom Public License 1.0
      University of Illinois/NCSA Open Source License
      Vovida Software License v. 1.0
      W3C License
      wxWindows Library License
      X.Net License
      Zope Public License
      zlib/libpng license

    2. Re:more than two? by squiggleslash · · Score: 3, Informative
      FWIW, anyone who needs a fairly reasonable list of licenses will find a reasonable collection, with related discussion, here.

      The OSI has a list of "approved" licenses here, but it's literally just a list (no explanation of the differences or analysis of their implications), and I get the impression the OSI is regretting approving so many of them, given most of them are incompatable with one another (some of them can be incompatable with themselves, depending on the precise circumstances!)

      --
      You are not alone. This is not normal. None of this is normal.
  12. Who cares what CA thinks? by xxxJonBoyxxx · · Score: 4, Interesting

    Why is CA involved in this in the first place?

    Their #1 revenue model is to buy a software product from someone else, cut development and rake in maintenance checks. Are they branching out?

    1. Re:Who cares what CA thinks? by Trepalium · · Score: 1

      Hey, there are plenty of reasons to bash CA. I mean, have you ever tried to use Arcserve (now Brightstor)? They couldn't have made it more unintuitive if they had tried.

      --
      I used up all my sick days, so I'm calling in dead.
  13. Not "GPL Compatible"? by Anonymous Coward · · Score: 1, Interesting

    CA won't let its developers use even LGPL libraries (except on Linux platforms). I always found their OSI involvement a little premature...

  14. Why CA? by Anonymous Coward · · Score: 1, Insightful

    Can someone give reason why CA should be solving FOSS license issues? Why is it an authority? Why not ask directly from Microsoft for a good suggestion on the next GPL?

    1. Re:Why CA? by Naosuke · · Score: 1

      CA is Computer Assoiciates in this topic not California.

  15. Different licenses are fine by NerdHead · · Score: 2, Interesting

    Licenses are important but different developers see licenses differently. I think it is rational to offer a license of choice by the author of the software. I wouldn't want a standards committee telling me what my license should be and I wouldn't want a RIAA/MPAA-type organization either. While I'm at it, why make a license compatible with another? If I want my license to be compatible with GPL, why not just use the GPL? The BSD vs. GPL is a matter of what freedoms one wants in their license. As long as there is a license to protect the author, it should be fine.

  16. Re:Licensing Open Source: Is this really necessary by dago · · Score: 2, Interesting

    except that allofmp3.com does NOT violate any law and has properly took a license from the proper russian administraton.

    --
    #include "coucou.h"
  17. component-based by kars · · Score: 2, Insightful

    Would it be feasible to define some standard groups of clauses for topics so you could just plug them together as components to get an actual license? Then you could just pick one out of several options for copying restrictions. Or if that's not possible, at least try to standardise it in some way. It'd make licenses a lot easier to read.

    But of course, IANAL, so there's probably a very good reason why this hasn't been done. Or maybe it has and I'm just ignorant :)

    --
    Take life easy: one bit at a time.
    1. Re:component-based by jbolden · · Score: 1

      That is exactly what CA means by a template system. A standard group of clauses. Except they are going further and having these clauses change in different countries so that they become meaningful in countries with different legal systems.

  18. Re:We need one licence by dallaylaen · · Score: 2, Insightful

    There are too many "The Only Right Ways To Go". Some of them are wrong. And some aren't even ways to go!

    No we do not need *one* license.

    BTW, if GPL ceased to exist somehow, the CDDL vs BSD flamewars will spread. Some people tend to like flamewars...

    --
    WYSIWIG, but what you see might not be what you need
  19. I Propose a 2 Tier system for TLAs by tubs · · Score: 2, Funny

    For example, a TLA should be registered and if there are two TLA that are the same, then they should have a .x after them, where x is a number.

    For example

    OSI stands for Open Systems Interconnect, and OSI.1 stands for Open Source Inititive
    PSP stands for "Paint Shop Pro" and PSP.1 stands for Play Station Portable.

    Okay, it defeats the purpose of TLAs by making them FLA.2* (Five letter abbrieviations) but hey it's all too confusing!

    * FLA stands for Finance and Leasing Association, and FLA.1 is Fair Labor Association.

    --

    try to make ends meet, you're a slave to money, then you die

    1. Re:I Propose a 2 Tier system for TLAs by menace3society · · Score: 1

      Do you mean Theater of Living Arts or Three-Letter Acronym?

    2. Re:I Propose a 2 Tier system for TLAs by tubs · · Score: 1

      In my new TLA 2 Tier System TLA will always mean "Three Letter Acronym", anything else with TLA will have a .x extension.

      --

      try to make ends meet, you're a slave to money, then you die

  20. Corporate agenda not worse? Really? by Danuvius · · Score: 3, Insightful
    Licenses pushing a corporate agenda aren't really any worse than the GPL which pushes a political agenda.
    You must have a fascinating moral paradigm.

    I, for one, think that political agendas that aim to benefit people at large (and have a track record of success at doing so) are less immoral than corporate agendas that seek to enrich their investors at the expense of unwitting customers.
    --
    Akarsz Magyar Gentoo fórumot? Akkor
  21. In other news... by HomerJayS · · Score: 2, Insightful

    Lawyers around the world are gearing up to make millions of dollars/euros/yen/... litigating the nuances of the conflicting "Open Source" licensing models.

  22. Re:OSI Relevant To Whom? by Russ+Nelson · · Score: 1

    I ask myself that from time to time: why do I bother to put so much work into OSI? But there are enough people who respect the "open source" name, and who look to us for guidance on it, that I am enheartened. Of course, *you* are not likely to be one of those people, but so what?
    -russ

    --
    Don't piss off The Angry Economist
  23. indeed by N3wsByt3 · · Score: 1

    I agree with your statement, which is why I said BSD is, on itself, more free then GPL, BUT the latter makes more sure things stay free.

    This always brings with it some form of dilemma. It's the same with being a libertarian and to allow others to express themselves: will you go so far as to allow that expression of someone else to curtail yours (or of a third party?). In my view, this is not a good thing. The core element of free speech/expression is that it has to remain free, and THAT is what you have to fight for.

    another example: On itself, a country of pacifists wouldn't last long among countries of agressors, unless they have muscle and willigness enough to fight off those other countries.

    So, sometimes, it's better to fight for the principles you believe in, so they are preserved. After all, of all things, it's better to be forced more freedom then anything else. (and, within a society, one is ALWAYS forced to something).

    --
    --- "To pee or not to pee, that is the question." ---
  24. Corporate ownership of all that is revolutionary by sellin'papes · · Score: 4, Insightful
    It seems to me that corporations are struggling to find what is cool and then immediately take ownership of it. The CDDL open source is an example of this.

    Open source is an extremely revolutionary idea and fairly unique in the history of the world and I would be concerned at how a major corporation would interpret and alter the concept.

    Another example of corporate involvement in revolutionary ideas is Slashdot itself. Every time I view a forum discussion a message from friendly Microsoft pops up telling me not to switch my operating system from Windows to Linux. This message also prevents me from reading replies and thus altering my pleasurable Slashdot experience.

    --
    This is my last post.
    [6th Estate]
  25. Open Source Confusion by amightywind · · Score: 1

    OSI is formed because they want to make free software more appealing to corporations by supressing essential discussions of freedom. This leads to a profusion of 'open source' licenses. Sensing opportunity in the confusion rapacious corporations hatch their own restrictive licenses and call them 'open source'. OSI responds by aligning more closely with GPL. There is a lesson here. To all of you 'open source' advocates, stop writing licenses! Use GPL and let Stallman think for you!

    --
    an ill wind that blows no good
  26. Re:Licensing Open Source: Is this really necessary by ClosedSource · · Score: 4, Insightful

    "Any code written under an open-source license is to remain free forever, at least theoretically."

    This is just open/free source propaganda. Any code that is placed in the public domain or under a BSD-style license will "remain free forever" without a GPL style license. In other words, no corporation can make it illegal for you to use it or extend it.

    A license like the GPL makes it impossible to "lock up" derivative works that are distributed, but that has nothing to do with the "freedom" of the original code.

  27. Software abuse by rumblin'rabbit · · Score: 1
    And how, pray tell, does a company abuse or rip-off open-source software? What exactly do you mean by this? I've heard of child abuse, spousal abuse, self abuse, but software abuse is a new one.

    Whether a company uses the software or not, they cannot prevent others from using the software. It remains open source. How is the company treading on the rights of others when they use the software?

    If I write software as open source, and a company uses it to make a profit, great. It just shows the software has real economic value. And most of the companies' revenue will likely go to paying salaries and taxes anyway. I actually don't mind companies making a profit.

    You're vague wording hides just another tiresome political agenda.

    1. Re:Software abuse by 0x461FAB0BD7D2 · · Score: 1

      True, the company, like Maui X-tream, cannot prevent others from using software. Hence, they're not committing theft. But they are exploiting the work of others in order to make a quick profit. That is morally wrong.

      I don't expect everyone to have the same principles and morals as me. You are free to allow companies to use your software the way you like, and I believe the BSD license provides for this.

      My vague wording has nothing to do with politics. It's my personal belief. If you wish to label me as a liberal, a communist or a neo-con is entirely up to you. But there is nothing political about stopping companies from exploiting others. It's plain common sense.

  28. Re:Corporate ownership of all that is revolutionar by GileadGreene · · Score: 1
    ...fairly unique in the history of the world...

    Not really. The scientific community has been doing "open source" for several centuries. Even Eric Raymond pointed that out in one of his various books on the subject.

  29. Re:Licensing Open Source: Is this really necessary by 0x461FAB0BD7D2 · · Score: 1

    There is a big moral difference between receiving a financial benefit by saving money, and receiving the same financial benefit by exploiting the work of others.

    Perhaps it is a fine line, but it is a line nonetheless.

  30. Re:BSD is note more free by Rich0 · · Score: 3, Insightful

    Actually - I'd argue that GPL gives more freedom to the original developer. That is the freedom to use all derived works.

    The original BSD developer for the TCP stack has no access to the MS implementation of that stack - since they slapped a proprietary license on it.

    On the other hand, the original GLP developer of linux code has full access to the Linksys implementation of it - since Linksys is compelled to release updates.

    You will note that while companies love BSD-licensed projects (since they can just steal code from them), they rarely distribute their own works under the BSD, and that limits your ability to profit even more than the GPL, and arms your competitors with your technology. Companies only release under BSD if they don't care about the code at all, or if it is a reference implementation of something that they actually want everybody to just use as widely as possible - probably because it interfaces with some expensive proprietary product.

    BSD does let you do more with the code, but GPL does more to protect the open source community, and to protect the original developer - and that is the person whose blood, seat, and tears were invested in the first place...

  31. Re:Corporate ownership of all that is revolutionar by sellin'papes · · Score: 1
    I would be interested to see the connection that Eric Raymond makes. I guess my point is that the idea of open source may have existed in certain niches, but not to the public as a whole and to anyone who wants to contribute.

    For instance if I were to have an idea several centuries ago, I doubt the scientific community would accept it, unless I too was a member of the scientific community. Cooperatives are an example of a an acient 'open source' based economy. But once again you had to be a member of the coop to take part.

    What is unique about open source programming and even information sharing is that absolutely anyone can contribute, and if it's crap it's judged by absolutely everyone.

    --
    This is my last post.
    [6th Estate]
  32. Re:Corporate ownership of all that is revolutionar by wed128 · · Score: 1

    I find that one problem is that Open source is not that revolutionary of an idea. When debating with my peers the advantages of Open Source, I sometimes have problems distinguishing it from communism.

    My friends (and myself included) are very republican, and "Shared work by a community to reach a common goal" sounds very red to us. I can see how this model works in application to Free or Open Source software, but I have trouble explaining it to others.

  33. Re:Licensing Open Source: Is this really necessary by Nimrangul · · Score: 1
    Thank you, had I the mod points I would put one on you.

    I hate it when people are so completely blind-stupid about open source; they just listen to what they're told and don't bother to actually think, it's as bad as the people that blindly think a computer is Windows.

    --
    I'm sick of following my dreams - I'm just going to ask them where they're going and hook up with them later.
  34. "Trusted" Open Source License by Anonymous Coward · · Score: 1, Insightful

    When someone uses in the name of a product or service the words "trusted", "secure", "best", etc., it's a good indication that the product may be best only from the seller's point of view, may be insecure and definitely should not be trusted.

    "Trusted" Computing? "Secure" online banking? Yeah, right ...

  35. Society and Profit by rumblin'rabbit · · Score: 4, Insightful
    All companies use the work of others to make profit. They have access to all of the science and technology (except for the small percentage under IP protection) that has come before. They have access to lessons learned by past companies. Even social infrastucture plays a vital role. Profits are not something companies alone generate, but something societies generate.

    When a scientist makes a discovery and doesn't patent it (you know, the good ol' days), that discovery may be used by all of society in any manner what so ever. Is it immoral for a company to use that discovery? Not only is not immoral, by refusing to use the technology they would be depriving their customers of the benefits.

    To declare that it's immoral to make use of the work of others to make a profit is to declare that all profits are immoral. That's not a political system I buy into it.

    And your use of the word "quick" is silly and pejorative. While companies won't pass up quick profits, in real life they are far more focused on sustainable profits. Or they are if they want to be around for any length of time.

  36. Re:Flagship by jbolden · · Score: 1

    flagship PPronunciation Key(flgshp)
    n.

    A ship that carries a fleet or squadron commander and bears the commander's flag.

    The chief one of a related group: the flagship of a newspaper chain; the flagship of a line of reference books

    .

  37. The AJS318 licence by ajs318 · · Score: 1, Interesting
    I present my ownution:

    This program is copyright (c) 2005, AJS318 and will enter the Public Domain on 1 January 2005.

    Above and beyond your statutory rights, permission is hereby granted {and you are encouraged} to copy and distribute this program in source or binary forms, with or without modification, subject to the following conditions:
    1. Distributions in source code form must include this copyright and permission notice and disclaimer of warranty {or, at your discretion, notice of a warranty underwritten by you}.
    2. Distributions in binary form must include this copyright and permission notice and disclaimer of warranty {or, at your discretion, notice of a warranty underwritten by you}; and an offer, valid in perpetuity, to supply on request the complete, machine-readable source code.
    3. The names of the copyright holders may not be used to promote or endorse any product without written permission.
    4. Translation of messages and documentation in the English-language version to other languages is permitted. However, this permission-to-translate clause must be replaced in the translated version by a clause forbidding any further translation.
    THIS PROGRAM IS PROVIDED BY THE COPYRIGHT HOLDER(S) IN GOOD FAITH BUT WITHOUT WARRANTY OF ANY KIND. THE USER ASSUMES SOLE RESPONSIBILITY FOR THE CONSEQUENCES OF ANY USE OF THIS PROGRAM. IF YOU ARE IN DOUBT, SEEK ADVICE FROM A COMPETENT PROGRAMMER.
    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:The AJS318 licence by Josh+Triplett · · Score: 2, Informative
      Your proposed license is not an Open Source or Free Software license at all:

      Translation of messages and documentation in the English-language version to other languages is permitted. However, this permission-to-translate clause must be replaced in the translated version by a clause forbidding any further translation.

      From the Debian Free Software Guidelines, as well as the Open Source Definition:

      The license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software.

      Your license does not permit specific kinds of modified works from being distributed under the same terms.

      I can understand the issue you are trying to solve: you don't want translations that don't come from the original, most likely because that would result in compounding errors due to mistranslation or limited translation. However, this is just one possible way that someone could make your program worse; they could also introduce bugs, security issues, standards-violations/extensions, or just features you don't like. Attempting to prevent people from making the program worse will also prevent people from exercising the right to create derivative works.

      A much better solution is to require that modified works are clearly labelled as modified, and not represented as the original. Licenses such as the GPL and the zlib license do exactly that. This way, people can still modify the program for any purpose, but they won't make you look bad in the process, only themselves.

      Another minor issue with your license is the fact that you require people to provide an offer for source code that is valid in perpetuity, without providing the alternative of just providing source code at the same time as providing the binary. This means that if someone ever provided a version of your program on their website, they would have to keep a copy of the source for that version indefinitely. This gets even worse if they distributed several versions.

      These are just a few symptoms of what happens when you attempt to write your own license rather than using a well-established Free Software / Open Source license.
    2. Re:The AJS318 licence by Kazriko · · Score: 2, Informative

      IANAL, but the problem with this is that once you say something is "Public Domain" you no longer have any say whatsoever in it. Those conditions would not need to be followed by anyone at all. Public Domain is Public Domain. Anyone can use it for any purpose without consulting you nor following any of your instructions on its use. I believe that includes the disclaimer.

    3. Re:The AJS318 licence by ajs318 · · Score: 1

      The problems with the existing licences are that the GPL is too verbose, and the BSD licence might permit closed-source derivatives. Which is not to knock the BSD people: they do do a great job of keeping stuff free, but IMHO pledging to make a compatible open-source clone of any closed-source derivative that anyone makes of your work is making a rod for your own back -- it smacks of tidying up after other people. It's surely better to use the privileges afforded you under copyright law to make sure from the outset that nobody even attempts to create a closed derivative.

      Of course, you could say fighting licence proliferation by creating new licences is a bit like shagging for virginity ..... to which I would have to counter that The One True Licence has not been written yet, and this is just me taking a shot at that elusive target.

      --
      Je fume. Tu fumes. Nous fûmes!
  38. fill me in by grepMeister · · Score: 1

    somebody hit me with a stick of details please. the story so far:

    cddl is an OSI approved license of sun's getting mixed reviews for not being gpl-compatible and raised eyebrows for coming from a corporation.

    CA is another corporation with an osi-approved license called trusted open source. a vp there claims here that

    some 60 percent of all our Linux revenue will come from outside the United States, and some 95 percent of the [Open Source Initiative]-approved licenses are unenforceable outside the United States

    so they want to create one boilerplate license that they can tack on 'regional tweaks' to. people don't trust them, again presumably because they're a corporation (and also because according to the other article they are dreaming if they think they can possibly create such a license).

    fill me in here - what were CDDL and TOS created for? what is the big scary conflict apparently brewing? is it the fear that CA's new license will take over open source and somehow lock everyone in to nefarious corporate terms? fill me in.

  39. Re:Corporate ownership of all that is revolutionar by T-Ranger · · Score: 1

    A good example for lawyers, and suits in general, is not accadamia, but case law. Not every case has to argue every point of law, or at least that argument can be reduced down to a citation. The ability to reuse the works of past lawyers sure has hell not destroyed the profession, or put them out of work.

  40. CA and FOSS? by maxgilead · · Score: 1

    Since when CA is the leader of FOSS and why do they feel they should present a 'vision' for entire movement licensing?

    No, seriously, what the heck?! Why does anybody care about them? I looked at their web site and couldn't find anything related to FOSS. Can anyone provide links to a few major open/free software projects they lead/seriously contribute to?

    1. Re:CA and FOSS? by mikefe · · Score: 1

      Didn't you hear about Ingres?

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    2. Re:CA and FOSS? by maxgilead · · Score: 1

      Sure I did, didn't remember company name thou. Thanks guys.

    3. Re:CA and FOSS? by mikefe · · Score: 1

      You forgot the "gh". English has funny spelling, though we put up with it.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
  41. Re:BSD is note more free by almeida · · Score: 1

    companies love BSD-licensed projects (since they can just steal code from them)

    It's not stealing if the license explicitly says you can use the source any way you like. Why is that so hard to understand?

  42. Re:BSD is note more free by bmalia · · Score: 1

    and that is the person whose blood, seat, and tears were invested in the first place.

    I just hate having to buy a new chair for each project.

    --
    There's no place like ~/
  43. Re:BSD is note more free by smallpaul · · Score: 1

    The original BSD developer for the TCP stack has no access to the MS implementation of that stack - since they slapped a proprietary license on it.

    The TCP protocol is more important than the BSD implementation of the TCP protocol. Therefore the developer is probably happy that Microsoft used their implementation and made a more compatible TCP stack than they would have if they had implemented from scratch. Why would the BSD TCP implementor want Microsoft's Windows-specific hacks back in the code base? Simiarly, Python's developers would be overjoyed if Microsoft adopted Python and embedded it in Windows and Office. They wouldn't call this theft. They would call this a new distribution channel for their code which is a good thing overall.

  44. Re:BSD is note more free by 2short · · Score: 3, Insightful

    But the BSD might give the original developer the freedom to use more derived works, because more may exist. Heck, the original developer has the freedom to use all derived works if they just keep their source closed. Protecting the rights of the original developer seems like an odd standard to judge free/open source licenses on. We call them free/open because the original developer gives up some of their rights.

    "You will note that while companies love BSD-licensed projects"

    In the interest of full disclosure: I work for a company. Please don't hate me.

    "(since they can just steal code from them)"

    It's not stealing. The copyright owners have specifically authorised us to use the code. Presumably they even want us to.

    "they rarely distribute their own works under the BSD"
    We don't release all our works under the BSD, and certainly not those central to our competitive advantage, but we don't use others BSD code for that either, or there wouldn't be any advantage. However, when we use BSD code, we most certainly do release enhancements and bug fixes to that code under the BSD. Contrary to your imaginings, we release code under the BSD when we want others to be able to use and add to and our work.

    The GPL only does more to protect the original developer, if the original developers wishes are what the GPL stipulates. I'm not sure the open source community needs protection; The BSD allows more people to be part of the open source community.

    Saying one license is better then another is silly; they have different goals. People judge licenses by all sorts of different criteria, and judge "freedom" in all sorts of ways. Some of which seem pretty convoluted to me. Personally, I judge licenses by one yes or no question: "Can I do whatever the hell I want with the code?"
    I like whatever-the-hell-you-want compatible licenses. You're free to like whatever licence you like. But arguing that any license is "more free" than a whatever-the-hell-you-want licence is going to require some pretty twisted logic.

  45. Re:Corporate agenda not worse? Really? by Thundersnatch · · Score: 1

    First of all, who said anything about the customers being "unwitting"?

    I find your moral paradigm fascinating... is it a sin to make money from your labors? And if not, why is it evil to do so through the vehicle of a collection of individuals with a common cause (i.e. a corporation)?

  46. Re:Corporate agenda not worse? Really? Really. by RealAlaskan · · Score: 1
    I, for one, think that political agendas that aim to benefit people at large (and have a track record of success at doing so) are less immoral than corporate agendas that seek to enrich their investors at the expense of unwitting customers.

    You must have a fascinating moral paradigm, in some sense of the word ``fascinating''.

    ``... corporate agendas that seek to enrich their investors at the expense of unwitting customers.''? That sounds like fraud, which we have laws against. If those laws are twisted (MPAA, RIAA), or aren't being enforced (maybe MS is an example?), it's largely because of ``political agendas that aim to benefit people at large'', people like shareholders and employees, who are also consumers, just as most consumers are also shareholders, directly or indirectly.

    The political process is about stealing from the productive (since they're the only ones who have anything to take), and giving to the many or to the powerful. Some contries which have carried that to its logical conclusion include present-day Zimbabwe, the Soviet Union, Germany during the 1930s and '40s, and most of Africa and South America during most of the last century.

    There are two variants of the political process: the one I mention above, and the one in which you wise, benevolent ubermensch straighten out all of us untermensch, who would otherwise waste our lives on life, liberty and the pursuit of happiness. This also involves stealing from the productive, and giving to some favored group. Since the rhetoric here involves ``helping the dear peepul'' (have you read Babbit?), they usually get away with murder, sometimes literally. The most dangerous people aren't the ones with the guns and the knives and the napalm, they're the ones with the suits, who are here to help you. I think you were talking about the second kind of ``political agenda''. If that wasn't what you meant, you may substitute ``those'' for ``you'' in ``you wise, benevolent ubermensch''.

    If we have fair, constitutional laws, corporations will be able to enrich their shareholders only by making their customers better off. If anyone, corporate, government or private, is able to prosper by fraud or force, the problem doesn't lie with the crooks, but with the laws that allow them to do so, and the political process, in either of the senses I used the term above, is where those laws come from.

  47. Re:Who said GPL was most commonly used license by lheal · · Score: 2, Interesting

    I meant "most commonly used FOSS license, in number of FOSS packages choosing it". After thinking about it, I think probably The Artistic License actually has more users, since Perl is almost ubiquitous. Sendmail's BSD-like license is another contender.

    I think I'll ask Google ... hmm, interesting. Here is a cached page listing some numbers:

    http://www.google.com/help/features.html#cached

    GPL/LGPL ~77%,
    BSD et al 12%.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
  48. Commercial use of BSD code != "stealing" by Samrobb · · Score: 1
    Moderate or reply, moderate or reply...
    You will note that while companies love BSD-licensed projects (since they can just steal code from them)...

    Someone who uses the BSD license isn't "stealing" code. They're using the code in a manner consistent with the license it was provided under. Since it was the original author's choice to allow them to use the code in this way (making changes without requiring them to re-distribute the source), then what they're doing isn't "stealing", in any way, shape, or form. They're abiding by the terms of the license. The fact that you don't like those license terms, or the options that it gives someone, is irrelevant.

    Besides - if you want to characterize the use of BSD code, in accordance with the license, as "stealing", then you'll need to accuse several prominent open-source projects of "stealing" code as well, since they include source code licensed under new-style (no advertising clause) BSD licenses.

    --
    "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  49. Re:Flagship by ClosedSource · · Score: 1

    Do you always go to the dictionary when you hear a joke?

  50. Re:Corporate agenda not worse? Really? Really. by Danuvius · · Score: 1
    You must have a fascinating moral paradigm, in some sense of the word ``fascinating''.
    I do. Thank you.
    That sounds like fraud, which we have laws against.
    Gently guiding uninformed customers into vendor lock in is not fraud, but neither is it praise-worthy. Yes, yes, the customer is at fault... stupid people deserve to suffer... alas, one ought not write off the vast majority of the general populace.
    The political process is about stealing from the productive (since they're the only ones who have anything to take), and giving to the many or to the powerful. Some contries which have carried that to its logical conclusion include present-day Zimbabwe, the Soviet Union, Germany during the 1930s and '40s, and most of Africa and South America during most of the last century.
    Whereas America is the land of the free, the brave, and the benevolent capitalist that hides chocolate eggs under your pillow once a year.
    If we have fair, constitutional laws, corporations will be able to enrich their shareholders only by making their customers better off.
    Add to that "if those laws are properly enforced" and I'm in perfect agreement... and yet, your commentary seems to neither relate to my post that you replied to nor the present-day reality of your beloved country.

    Adieu
    --
    Akarsz Magyar Gentoo fórumot? Akkor
  51. Re:Corporate agenda not worse? Really? by Danuvius · · Score: 1

    Do you find the client contacts to technology companies are usually well-informed and make thoughtful and intelligent decisions.

    Do you find that technology companies go out of their way to ensure that they do not take advantage of their client contacts' ignorance?

    From my experience, I'd have to say a firm No! to both questions; hence "unwitting".

    --
    Akarsz Magyar Gentoo fórumot? Akkor
  52. Re:BSD is note more free by m50d · · Score: 1

    Wrong wrong wrong. The point of the GPL is to protect the *end* user. I.e. the user of whatever derived works are made. The *users* of windows have no access to their TCP stack, wheras the *users* of the Linksys can see their code. That's why there's no requirement to license derivatives to the original author, they just have to be licensed to the end user in such a way that that user has access to the source.

    --
    I am trolling
  53. Creative Commons? by Pionar · · Score: 1

    So, basically, CA's plan is to come up with a Creative Commons-type license structure for software? Sounds good to me.

  54. Re:Corporate ownership of all that is revolutionar by Bent+Mind · · Score: 2, Insightful

    On the contrary, in the GPL sense, I see open source as capitalistic.

    You code an application and release it under GPL. A corporation finds the code useful, but wants a certain feature.

    At that point they either pay you (the original developer) money to implement the feature, or implement it themselves and pay you with new code and an enhanced application.

    Either way, you profit.

    --
    Request a Linux Shockwave player here: http://www.macromedia.com/support/email/wishform/
  55. Re:Corporate ownership of all that is revolutionar by CaymanIslandCarpedie · · Score: 1

    I agree it can be hard to describe, but if you just replace "communism" with "socialism" I think you make more progress. Then have them look up what socialism is. Many of the core concepts are the same as communism, but without the negitive preceptions people have of "red" (you know world domination, Stalin killing thousands of opponents, etc) ;-)

    --
    "reality has a well-known liberal bias" - Steven Colbert
  56. Re:Corporate ownership of all that is revolutionar by Narchie+Troll · · Score: 1

    Are you really suggesting that your brand of 'conservatism' precludes any form of collective labor whatsoever?

    Even in the absence of government coercion?

    I think there's a dank cave out there somewhere with your name on it.

  57. That's copyright by spitzak · · Score: 2, Insightful

    Just copyright your code. No license at all. That's exactly what you are asking for.

    Actually you did mention "allow forking if I discontinue the software". You might be able to write up a small license that says somebody can violate the copyright if you stop supporting the software, though exactly how to word that is questionable.

  58. Re:BSD is note more free by bluGill · · Score: 1

    My company loves BSD licensed software because it is such a pain to send the source to those few customers who request it.

    As a developer I love the BSD license because I don't have to think twice about using it, I know I legally can. (Particularly if there is no advertising clause) Everytime I consider a GPL program that might be useful I have to figure out how to make sure it is not linked into my code. This is a pain, but I do it.

    We do give our changes to BSD code back. Someday we will want to upgrade to a newer version of the program/library, and that will be much easier if we don't have to examine all our past bug fixes to see if they still need to apply, or if the community has found the bug separately and fixed it in a different way. (This is particularly hard if they find parts of the problem, some that we did not find, and we have some they did not find because now we need to fix the entire thing. So we send those patches back - it saves us effort and money in the long run.

    Mind we are careful not to give our advantage away. However much as I want to write a kernel, we don't have any reason to develop our own kernel when *BSD fits our needs.

  59. Re:Corporate ownership of all that is revolutionar by spitzak · · Score: 2, Interesting

    The GPL does not force you to do anything. By their explanation Ford motor company is "communist" because to use their cars you are "forced" to give them money.

  60. Very few care by bluGill · · Score: 1

    More than one project has gotten all the developers together and switched from a GPL license to a BSD license. It doesn't happen often, (And the attempt sometimes fails when someone disagrees with the change) but once in a while it happens. If developers cared about license issues this could not happen. In the real world programers like to program, not deal with legal stuff.

    I've heard (but not encountered myself) that some projects just slap GPL on software because it is the only license they know about. When contacted these projects have instantly given permission to use a different license, and didn't understand why there was a question at all! (Obviously this can only apply to small one or two person projects)

  61. Re:Corporate ownership of all that is revolutionar by CaymanIslandCarpedie · · Score: 1

    If only I could eat "enhanced application".

    Until computer programs become editable (or a form of currency), I still need some cash to buy food ;-)

    --
    "reality has a well-known liberal bias" - Steven Colbert
  62. That will not hold up in court! Change it now by bluGill · · Score: 1

    I am not a lawyer, but clearly you need to consult one. Your "license" will not, and cannot hold up in court.

    The phase: will enter the Public Domain on 1 January 2005. conflicts with everything else. When you place something into the public domain you cannot place other restricts on it like your 4 clauses.

    Your first clause states: must include this copyright . This is not possible, because you have already stated it is public domain, and therefore it is not copyrighted!

    A real lawyer can find other problems with this license.

    Note that lawyers are not sure current copyright law even allows the possibility of placing something in the public domain. Everything is automatically copyright by you when you create it, and nothing in the law says you can give that up.

  63. GPL is my personal preference by HiThere · · Score: 2

    I can't talk about "good" licenses or "bad" licenses in the abstract without some concrete definition of "good" and "bad". I can think of lots of arguments that go both ways. I prefer the GPL.

    Now if you propose some specific goal, then we can talk about whether licenses are "good" or "bad" for achieving that goal. Or, omitting relative virtues, we can discuss the social effects (PLURAL!!) of each particular license.

    But I can't rate most licenses in the abstract as "good" or "bad". (I can think of a few exceptions...but they are always made so difficult to read that it's impossible to have a reasoned discussion about them.)

    I prefer the GPL. It's pretty good at achieving the goals I want for my software, and I'm quite comfortable with the limitations that it places on my actions. And it's quite reasonable for other people to have other preferences. Actually, if the situation were assymetrical, then I might prefer to chose to recieve code under the BSD license, and offer it under my own, but I would consider it unreasonable to expect people to go along with that. And I'm comfortable with the GPL in a symmetrical context.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  64. Re:Corporate ownership of all that is revolutionar by dmaxwell · · Score: 1

    This is just one example of how Red Fever has irreparably damaged this country. You can't talk about doing ANYTHING for ANY reason other than money before the spectre of the Red Demon gets trotted out. McCarthy should be proud of himself. 50 years later and we have a software development method that is modeled more on the scientific method than any political ideology and some people can't resist red-baiting.

  65. Re:Corporate agenda not worse? Really? by steeviant · · Score: 1

    I, for one, think that political agendas that aim to benefit people at large (and have a track record of success at doing so) are less immoral than corporate agendas that seek to enrich their investors at the expense of unwitting customers.

    So you think it's immoral to sell stuff?

  66. The GPL is far more important than you claim. by jbn-o · · Score: 1

    First, the GNU General Public License is not "open source" except that the Open Source Initiative happened to define their terms broadly enough to allow the GPL to qualify as an OSI-approved license. The GPL was written by the FSF (most notably RMS) for the free software movement years before the open source movement existed. Even a cursory glance of the GPL's terms will confirm it speaks to a philosophy the open source movement rejects.

    Second, to equate a corporate agenda to a social movement's agenda is to understand the import of neither. The GPL grants all of the meaningful rights of copyright law to licensees in exchange for terms built to maintain licensee equality. Corporate-made licenses are far more likely to grant power to the licensor beyond that which copyright law already does. The intitial versions of the Apple Public Source License, for example, required notifying a central authority of changes and publishing one's changed version of an APSL-covered program in most instances so that the central authority could pick up a copy and incorporate the changes in their fork of the program if they desired. Apple was that central authority. Apple wanted not just an OSI-approved license, but a free software license as well, so they made the v2 revision that qualified for FSF imprimateur. But what this really points to is that the free software definition stands for something more beneficial to users than the open source definition, thus giving Apple (and all other licensors) something better to aspire to.

    Third, the GNU GPL is the most popular free software license. It is a major practical problem to write software that is licensed in a GPL-incompatible way. Programmers in the free software community want to make improved versions of programs by sharing code. Copying code from one program into another program requires license compatibility in most cases (outside of fair use).

    Your assessment vastly oversimplifies the situation and glosses over some of the most important reasons why the free software community was formed in the first place. The people working for the GNU project (most notably again, RMS) knew these things would come and wrote licenses and software to give us our software freedom. My account discounts the open source movement's input because most of the foundation for this work happened well before the open source movement began. It's a shame that your article has received such a high moderation. Perhaps it points to how much misunderstanding there is amongst hackers and how much education has yet to be done.

  67. Re:APL already exists and is a template license by CHaN_316 · · Score: 1
    I'm currently writing a research paper on the newly OSI certified Adaptive Public License (APL). Here are some of the points that I thought were interesting. (IANAL by the way)
    • As a template license, it contains no corporate proper names, so it is usable by others without modification.
    • The initial contributor sets the jurisdiction.
    • Patent rights transfer is optional.
    • Allows any licensee to enforce the license and go after violators. Therefore, you don't need to collect all the copyrights of the contributors' code before going after violators, which is nice.
    • There are clear distribution obligations.
    • There is an explicit definition of independent module. Therefore you can combine code under multiple licenses without contamination, as long as they are independent modules.
    I think the APL as a template license helps address license proliferation problems that have been plaguing the OSI. Hopefully, the Adaptive Public License becomes one of the top-tier recommended licenses.

    http://www.opensource.org/licenses/apl1.0.php
    --
    "There is no spoon." - The Matrix
  68. Re:Corporate agenda not worse? Really? by Danuvius · · Score: 1

    Yes. Your stupidest assumption must be the truth. Telling, I suppose.

    --
    Akarsz Magyar Gentoo fórumot? Akkor
  69. Re:Licensing Open Source: Is this really necessary by dago · · Score: 1

    Ah-umh. Yes, they did, but on their own terms (also known as laws), and not according to the record companies dreams.

    --
    #include "coucou.h"
  70. Re:Corporate agenda not worse? Really? by rtb61 · · Score: 1

    I think you missed the third one, Do you find that technology companies spend millions of dollars to mis-inform their potential customers about the true value of their products.

    --
    Chaos - everything, everywhere, everywhen
  71. Re:Corporate agenda not worse? Really? by Danuvius · · Score: 1
    I think you missed the third one, Do you find that technology companies spend millions of dollars to mis-inform their potential customers about the true value of their products.
    Hi hi. ;-) That one is a resounding Yes!. Thanks for pointing it out.
    --
    Akarsz Magyar Gentoo fórumot? Akkor
  72. GPL is outdated by yasuo.hiroshi · · Score: 1

    The problem with the GPL and the reason some people do not like it is because it has very dubious interpretations. A close look at the GPL reveals an outdated and old license that creates a political and legal minefield for both the software developers and commercial distributors.

    On top of that licsences such as the BSD and LGPL do a lot better job at describing its limitations and uses so there is less to be left to legal interpretation by the courts. In addition the BSD and LGPL help both businesses and individual,m so everyone wins. While the GPL is more focussed on noncomerical use.

  73. Re:GPL-compatible - GPL most common by dwheeler · · Score: 1
    The reasons are actually pretty straightforward. The GPL is the single most common OSS/FS license today, by far. Freshmeat Stats of April 17, 2005 show the GPL at 67.88% of all projects they track; the next most common are LGPL (5.98%) and BSD-original (3.47%). SourceForge reports 43,155 projects under the GPL; the next more common, the LGPL (6995 projects).

    The biggest problem with license proliferation is that you can't combine OSS/FS programs with each other unless the licenses are compatible. So if your OSS/FS code isn't compatible with the most common OSS/FS license, there's a problem. Especially when you consider that the other OSS/FS software not licensed under the GPL is usually GPL-compatible (BSD-new, MIT, LGPL). If you make sure your license is at least GPL-compatible, then the problems of "how do I combine this software" generally vanish... no matter what, you can license the combination under the GPL, and use the results.

    You don't need to agree with the GPL at all; lots of companies who certainly aren't wholehearted supporters of it use the GPL for completely pragmatic reasons.

    For more info, see Make your Open Source Software GPL-compatible. Or Else.

    --
    - David A. Wheeler (see my Secure Programming HOWTO)