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Drafting GPL3

johns writes "In an article released yesterday, Eben Moglen and Richard Stallman outline four purposes of the GPL, to explain the guideposts they will use in drafting GPL3: the GPL is a worldwide copyright license, the code of conduct for free software distributors, the constitution of the free software movement, and the literary work of RMS. They also make this commitment: 'The Foundation will, before it emits a first discussion draft, publicize the process by which it intends to gather opinions and suggestions.'"

37 of 389 comments (clear)

  1. the code of conduct for free software distributors by s20451 · · Score: 4, Insightful

    the code of conduct for free software distributors

    *THE* code of conduct? Not *A* code of conduct? I bet the BSD folks would have something to say about that.

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  2. Does anyone else find it mildly strange.... by MrAnnoyanceToYou · · Score: 2, Insightful

    That included as one of the basic tenets of a 'Free Software License' for international distribution is the requirement that one person be honored / deified / whatever as its creator?

    Not to pick a fight, or demean said person, but it just seems a little.... Yeah. Anyone else get what I'm trying to say?

    1. Re:Does anyone else find it mildly strange.... by Per+Bothner · · Score: 2, Insightful
      It especially bothers me when he starts talking about OSS as morality and ethics.

      I think that is a problem with you rather than RMS. You don't think sharing, co-operation, and working for the common good are moral values?

    2. Re:Does anyone else find it mildly strange.... by Swamii · · Score: 3, Insightful

      For starters, sharing, co-operation, and working for the common good is not always moral, e.g. sharing copyrighted music, co-operating with criminals, or working for your own version of the common good (which doesn't apply to everyone everywhere); those things have to be measured against some higher standard.

      Finally, not everyone has choice in the matter. A vast majority of developers in this world, not RMS's, write code for corporations, and a vast majority of those corporations write closed-source software. A corporation is at no obligation to provide the source to software it's developed. Furthermore, if time and money was invested by the corporation into the development of the software, the corporation may have moral & ethical obligations to its employees and shareholds, therefore they must protect trade secrets and proprietary algorithms found in the said code.

      It's not as black-and-white as RMS would have us all believe. Rather, there are equal, if not greater, moral questions on the reverse side: is it ethical forcing everyong to conform to a single license? Is it ethical condemning others who choose not to conform to the said license?

      --
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    3. Re:Does anyone else find it mildly strange.... by Per+Bothner · · Score: 2, Insightful
      My company writes closed source software that saves people & companies money over equivalent Microsoft solutions. I see that as benefiting humanity.

      I don't dispute it. The interesting question is: Could your company benefit hunanity more by going the Free Software route, while still remaining profitable? I don't know the answer, but don't rule it out.

      open sourcing our product ... could also hurt us as competitors (including Microsoft) would have complete access to our algorithms, trade secrets, and other proprietary software intricacies.

      Ah, but you're the ones who have experience with the code-base, and who have a working product based on it. They're the ones that would have to play catch-up to you. And if you use the GPL, they could only use your code if their code was also open. In which case, wouldn't you love to be able to point out to customers this fact? Yes, they could use your trade secrets and algorithms (which are not covered by the GPL), but if these are non-trivial they still have to have somebody understand them and figure out how to make use of them within their own technology. So they're at least a generation behind you. The competitive value of "trade secrets" is mostly short-term. Once a product is out, then the value of any secrets is usually minimal.

      If going open source can negatively affect our bottom line, then the whole "help the world by sharing your code" line is totally irrelevant to us.

      You realize what you're saying here? The "bottom line" trumps all other considerations. You and your company have no other goals than to maximize profit, as long as you stay within the law. I don't think you really mean this. There are intangibles that are also valuable, even to a public company: Public benefit can increase company visibility and "goodwill". It can increase visibility, professional recognition, and job satisfaction of employees. Recognition as an industry leader may increase. These can also help the bottom line, but in more indirect ways.

      If giving our code away means losing dollars, our company may no longer exist.

      Now it's certainly not my place to ask you to jeoparize your business or make major financial sacrifices. My point is that there is a lot of fear that "they" will "steal our ideas", but I suspect a lot of this fear is just that. I'm not sure, though. I can't ask people to risk their livelihoods - but I can at least ask people when in doubt be open. And I think openness and freedom work a lot more often than people think.

      Now I won't go so far (as RMS) as to say you have "moral duty" to not work on propritary software, and that what you're doing is bad. In a (mostly-) free society what you're doing is perfectly ok. But it is also perfectly ok for me to hope and work towarsd your busibess becoming obsolete.

      That said, I strongly believe going the free software route is not the only way to develop software, nor should it be: commercial software, including closed source software, has a place.

      Certainly people should be free to develop closed source software.

  3. Membership by Cally · · Score: 3, Insightful
    This isn't news to those of us who are members of the FSF & ge tthe 'FSF Bulletin' [/smug]

    I recently had a sudden rush of blood to the wallet & in a fit of altruism (or selfish desire for more freedom and cool software) I joined both the FSF and the EFF - both excellent causes and presumably close to the heart of many slashdotters.

    When the "welcome" packages arrived from each I was rather surprised to see the EFF has of the order of ten times more members than the FSF! I'm FSF member #30xx, and the docs say there are 2,1xx active members. The EFF on the other hand has 24K something members.

    Not sure what the moral is, except that I wish more people donated to the FSF. Why not send em $20 and think of it as a small contribution towards the costs of glibc and gcc, two vital programs without which there'd be no Linux, no BSD and no Apple OS X.

    --
    "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    1. Re:Membership by Elshar · · Score: 2, Insightful

      I don't see what the FSF or the GNU or GPL has anything to do with FreeBSD or OSX. We'd be fine without RMS' craziness. Afterall, the BSD license isn't even 'compatible' with the GPL, remember?

      I send enough money to the Free/Net/OpenBSD projects, and buy enough trinkets/cd sets/books from them to support them, and will happily continue to do so.

      I will not, however, support RMS in any way, shape, or form. His arrogance in thinking his way is the end all be all will keep me away for some time to come.

    2. Re:Membership by Anonymous Coward · · Score: 1, Insightful
      "I don't see what the FSF or the GNU or GPL has anything to do with FreeBSD or OSX. We'd be fine without RMS' craziness. Afterall, the BSD license isn't even 'compatible' with the GPL, remember?"

      Shame you feel that way. It was the GPL that contributed to putting the stop to SCO. The BSD license wouldn't have helped a bit as they tried to fraud their way to mega bucks. But the GPL, you know, Richard Stallman's idea, proved insurmountable to SCO.

  4. Re:the code of conduct for free software distribut by Anonymous Coward · · Score: 1, Insightful

    Really? I thought they were generaly quiet people who rarely spoke up about anything (excluding Theo, naturally).

  5. Re:the code of conduct for free software distribut by snorklewacker · · Score: 3, Insightful

    No, the BSD folks will do what they usually do: get things done without stirring up a tempest over the politics, especially that of "who speaks for whom", the precise definitions of "Free Software", and whether a license should or should not fit on a 3x5 card.

    --
    I am no longer wasting my time with slashdot
  6. When four corners is too much by Dancin_Santa · · Score: 4, Insightful

    They specify the four pillars of GPL3:

    1) GPL is a worldwide copyright license, 2) the code of conduct for free software distributors, 3)the constitution of the free software movement, 4) and the literary work of RMS

    The problem is that (1) has always been limited by the FSF's unwillingness to translate the GPL into any other language. How they plan to make it an international license without actually translating it ought to be interesting.

    (2) is already pretty much taken care of. You use GPL code in your code and then distribute it, you have to open up your code under GPL conditions. I can't imagine what will change.

    I'm not sure what they plan to get out of (3). The GPL is the General Public License. It may be drafted by the FSF, but it is intended for broad usage by many different people. If they want to have a constitution, they ought to make one, for their organization. Trying to pretend like their organization represents the entire movement is silly and pure hubris.

    As for (4), who cares except for RMS what literary works he's published? More hubris.

    It seems that like the Perl camp, the FSF can't leave good enough alone and is slowly imploding under the pressure of their own navel gazing.

    GPL 2.0 is fine and clear. GPL 3 looks to be an FSF circle jerk in honor of RMS. Count me out.

    1. Re:When four corners is too much by starling · · Score: 2, Insightful

      he says it got to the point where he was "the last true hacker"

      And he was wrong. There was a thriving Public Domain community - but it didn't have the need for control which characterises both Stallman and Gates.

    2. Re:When four corners is too much by namekuseijin · · Score: 2, Insightful

      "Trying to pretend like their organization represents the entire movement is silly and pure hubris."

      There was no free software movement -- let alone open-source -- before RMS. The free software days from Universities in the 1970s and 1960s had alread vanished and the only software free for any use by the day he started the movement was in the public domain or the yet to come freewares and sharewares ( not free to modify them though ).

      Would you have *BSDs, Apache, Perl, PostgreSQL, Eclipse, Mozilla and others today wasn't it for RMS original efforts and his example?

      i believe not.

      --
      I don't feel like it...
    3. Re:When four corners is too much by Cally · · Score: 2, Insightful
      I'm not sure what they plan to get out of (3). The GPL is the General Public License. It may be drafted by the FSF, but it is intended for broad usage by many different people. If they want to have a constitution, they ought to make one, for their organization. Trying to pretend like their organization represents the entire movement is silly and pure hubris.

      Nice troll! But of course the FSF is a perfect, 100%, 1:1 representation of the community... the community of FSF members. The FSF has published a license and other people have used it. Great. FSF isn't claiming to represent them, if they don't like v3 of the GPL they can stick with v2 if they licensed it that way. (Bad luck on those who copy & pasted the standard boilerplate with the phrase about 'version 2 or later, at [the user's] discretion' of course :)

      for (4), who cares except for RMS what literary works he's published?

      Well, you do, apparently, as you've posted a 40 line troll on the subject...

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
  7. Re:the code of conduct for free software distribut by Anonymous Coward · · Score: 1, Insightful

    BSD code is more free than GPL code.

    BSD code places no restrictions on anyone that wants to use it (well except for the retaining the copyright, but that's pretty minor).

  8. Re:the code of conduct for free software distribut by MoneyT · · Score: 4, Insightful

    what's the point in free software if you can turn it into a non-free product?

    To have the freedom to do whatever you want with the code? Isn't that the ultimate freedom?

    --
    T Money
    World Domination with a plastic spoon since 1984
  9. Re:the code of conduct for free software distribut by Anonymous Coward · · Score: 2, Insightful

    what's the point in free software if you can turn it into a non-free product?

    That, good sir, is called freedom.

    GPL protects the freedom of the software, while the BSD license gives you the freedom to what you want with the code.

    Both serve a purpose, but it's daft to say say GPL is more free than the BSD license. (And it's useless to start a flame war about it the other way round.)

  10. Re:the code of conduct for free software distribut by Speare · · Score: 5, Insightful

    Just because the GNU folks call it "free" doesn't mean it is free in all ways. A GNU license ensures the *user* has the most freedom, and a BSD license ensures the *developers* have the most freedom. In either case, the other group loses some freedom. A GNU license creates a situation where developers cannot merge published code with their proprietary code, while a BSD license creates a situation where some users might not have access to a particular modified variant of the published code.

    --
    [ .sig file not found ]
  11. My Suggestion by Milo+Fungus · · Score: 5, Insightful

    Make sure that GPL3 is human-readable, as version 2 was. I absolutely hate reading legalese. It really bothers me that so many important things in my life (such as student loans, credit cards, computer software) assume that I am capable of understanding, and hold me accountable to understand the contents of legal documents. I appreciate the simplicity of the GNU GPL, and consider it an essential feature of the license. The BSD license is even simpler.

    <tangent>One thing that bothers me is when GPL software requires that you agree to the license during the install procedure. The GPL is not an end-user license; it is a distribution license. You must accept and comply with the terms of the license if you wish to redistribute GPL'ed works. End users are not required to agree to anything in order to simply use it, or even to modify it for their own use.</tangent>

  12. Re:the code of conduct for free software distribut by Spoing · · Score: 4, Insightful
    Well, quite frankly, BSD licensed software is not truly free -- what's the point in free software if you can turn it into a non-free product?

    Don't get me wrong. BSD is a fine license all right, but nothing special compared to the protected freedom of GPL.

    While I prefer the GPL over BSD (and similar licences) -- the GPL does not work well in all situations. For example, anything that requires a reference design that you want to be widely adopted. The Ogg codecs (Vorbis, Theora, ...) for example.

    --
    A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
  13. GPL3 Interfaces by Anonymous Coward · · Score: 1, Insightful

    IMO, instead of making interoperability distinction based on code space, the GPL3 really needs to allow the developer to define 'public' and 'private' interfaces; the public interfaces (such as shell and protocol) would be considered interfaces non-gpl software can talk to, and the private interfaces can only talk to other GPL software.

  14. Holier Than Thou by aCapitalist · · Score: 2, Insightful

    It's not just a liicense, it's a "constitution" and a "literary work".

    It's not about free sotware, it's all about Stallman.

  15. Re:What is wrong with GPL v2 by Albanach · · Score: 3, Insightful
    There is a problem in GPL v2 that the 'share clause' only comes in to effect with redistribution. Many GPL licensed programs are developed for betwork use. As such, an individual, or company can take the software, modify it then use it commercially with hundreds or thousands of users without ever having to release their changes to the source.

    This has been tackled by the AGPL which will be upwards compatible with GPL v3 - in other words, GPL v3 will have a clause that requires release of the source code as soon as a program is used outside an organisation, not just when the program itself is distributed.

    It will, I think, still be possible for an organisation to make changes to software that remains internal without releasing the changes. In other words, the distribution takes effect as soon as the program is made available for use to an outside party.

  16. Re:What happens with deceased people's code? by 3770 · · Score: 2, Insightful

    Come now. Maybe it wasn't interesting to you because you knew the answer.

    But it was a valid question for the grand parent, and it was modded interesting because others had the same question.

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  17. Re:I refer you to a very old post I wrote by Speare · · Score: 4, Insightful

    Freedom requires life; software itself cannot suffer from a lack of freedom.

    --
    [ .sig file not found ]
  18. Re:the code of conduct for free software distribut by jellomizer · · Score: 1, Insightful

    But when you use BSD code you don't prevent anyone else from using the same BSD code?

    Your analogy would be like I used FreeBSD code in my Closed Source OS then in turn I had legal rights to Sue FreeBSD for using my code that was theirs.

    There is no freedome loss no one is loosing any freedom by using OSS code in my Closed Source Program.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  19. Feature not a bug by nuggz · · Score: 2, Insightful

    The key feature of the GPL is that it is ONLY a distribution license, not an usage license (EULA).

    A key idea behind free software is "use for any purpose". Usage restrictions of any type are a bad idea.

  20. Re:the code of conduct for free software distribut by MoxFulder · · Score: 3, Insightful

    Bingo! You're exactly right. People should (a) stop whining and honor software licenses or (b) write better licenses. And if you write a better license, you'll have to write some better software too, so that the license will get noticed.

    If you *don't* like the license your software is available under, write your own software and write your own license. That's exactly what Richard Stallman and the FSF started doing back in the 1980s. And their GPL'd software has been a phenomenal success.

    BSD licensed software has also been a phenomenal success.

    The fact that people whine about BSD or GPL so much is merely a reflection of their great success. Not only are the licenses widely employed, but the software thereby licensed is enormously popular too.

  21. Re:Same old GNU/God Complex by telecsan · · Score: 2, Insightful

    It is interesting to note that he maintains the copyright to the GPL license, though. Wouldn't it be more appropriate if the GPL were GPL'd, so to speak?

  22. Re:the code of conduct for free software distribut by Anonymous Coward · · Score: 1, Insightful

    Throughout BSD history, commercial companies have been there, using the BSD code, and sometimes giving back.

    Yes, Microsoft hasn't given back their modifications to the BSD ftp program (aka ftp.exe). So what? Does it really matter? Would the BSD ftp program gained anything? Not really. If Microsoft didn't use the BSD ftp program, they'd of had to do more work, possibly creating a buggy or non-standard FTP program. And if they used a GPL version instead of a BSD version, they'd have gone through licensing hoops even though the community wouldn't have gained anything. Same can be said for the TCP/IP stack.

    Wasabi System, however, goes about using NetBSD and donates code back to the community. This is code that has been helpful and that they were paid to write. This is the norm, not the exception.

    I had a friend who was a developer for a company and needed to use a compression routine. Being lazy (who isn't?), he looked for an open source version and only found a GPL'd version. He couldn't use it because than the GPL license would kick in, possibbly putting the entire closed-source project in jeopardy. So he didn't use it, couldn't find a BSD licensed routine, and ended up writing it himself. Had found a BSD version (or public domain, or similar), he would have happily given back any modifications made.

    What did we gain from Linksys using Linux and other GPL projects? Linux didn't improve, nor did the other projects. Although we can now run our custom versions on Linksys routers, we would figured out how to do that anyways. But Linksys did have to jump through licensing hoops, costing them time and money.

    Just because you believe companies and corprations are super-evil things that must be stopped doesn't make it so.

  23. Re:What is wrong with GPL v2 by mark-t · · Score: 2, Insightful
    Making a change like that will _seriously_ harm the GPL.

    There are laws in place to prevent unauthorized copying of a work, but there are no laws in place to prevent unauthorized use of a work when the work is given away freely.

    The GPL's foundation is on Copyright, and that's where it needs to stay. The GPL should _ONLY_ cover copying, and not use. Consider that the recipient and user of a GPL'd work is not required to agree to the terms of the GPL, since they did not sign any document indicating agreement to it, but under plain old ordinary copyright law, unless they agree to the terms the copyright holder specifies (in this case, the terms of the GPL), the recipient has no authorization to copy the work at all.

    Because there is no legal groundwork to prevent unauthorized use of a GPL'd work, it leaves a nasty hole in the GPL, and may even weaken it as a whole.

  24. Re:the code of conduct for free software distribut by Anonymous Coward · · Score: 1, Insightful

    My spelling and grammer combined with the fact that I have college degree, proves a problem with the educaion system.

    No, it isn't the education system that is at fault here. Your spelling, grammer, and poorly argued rant simply demonstrate that you are a close minded jerk of lower than average intelligence that no amount of college could help.

    ... because they can get their projects done and time, avoid being fired for an other day and getting fed.

    Maybe if you learned to speak English instead of Hillbilly you wouldn't make so many mistakes and could actually get your work done on time.

  25. Re:the code of conduct for free software distribut by Peter+La+Casse · · Score: 1, Insightful
    A GNU license creates a situation where developers cannot merge published code with their proprietary code

    No, that situation is created by existing copyright law. The GPL chooses to not address that situation.

  26. Stallman = Socialist by Ancil · · Score: 2, Insightful

    Stallman: Free and open scientific research is the only ethically satisfactory context for the conduct of biology.
    Wow, someone should tell all the scientists I work with at this pharmaceutical company.

    "Guys, turns out we can just give everything away! Those protein mass spectrometers we just paid $90,000 apiece for -- yeah, we'll just get those for free from now on. Someone will donate them, or something."

    Turns out that by trying to make money off our discoveries, we were acting unethically! Who woulda thunk it?

  27. It's funny that the GPL itself isn't GPL. by TrebleJunkie · · Score: 2, Insightful

    "* The GPL is the Literary Work of Richard M. Stallman

    "Some copyright licenses are no doubt known, in the restricted circle of one firm or law office, as the achievement of a single author's acumen or insight. But it is safe to say that there is no other copyright license in the world that is so strongly identified with the achievements, and the philosophy, of a single public figure. Mr. Stallman remains the GPL's author, with as much right to preserve its integrity as a work representative of his intentions as any other author or creator. Under his guidance, the Free Software Foundation, which holds the copyright of the GPL, will coordinate and direct the process of its modification."
    ...and as such, you can't take it, modify it, shape it to your needs, and pass it along to others to do the same.

    Interesting, Mr. Stallman. Subject others' creative works to your ideals, but your own creative work, you protect from the exercise of those same own ideals.

    You really shouldn't be able to have your cake and eat it, too, like that.

    --

    Ed R.Zahurak

    You know, oblivion keeps looking better every day.

  28. RTFA, you big freaking slashdot lemming by megalomang · · Score: 2, Insightful

    As for (4), who cares except for RMS what literary works he's published? More hubris.


    First of all, this isn't about literary works that he's published. If you read the article, you would know that he is simply making the statement, "As the original concept creator and GPL author, and the largest reason it is around today, I am concerned about its future and want to make sure its meaning is intact".

    Second of all, millions of people care about this one literary work that he's published, which is the GPL. The GPL is the foundation of all that is sacred for thousands of programmers and developers who want to give their hard work and accomplishments to the rest of the world without having their precious creation raped and pillaged by corporate greed. Furthermore, it is a revolutionary idea that through RMSs significant work and sacrifice has become the cornerstone of a vast amount of the Free software available today. For RMS to be concerned with its future direction is understandable if not commendable.

  29. Re:the code of conduct for free software distribut by 2short · · Score: 2, Insightful

    "An who do you think are more important? Users (vast majority) or developers?"

    Me.

    "If fact GPL (and similar) leverages users to the developer's level"
    The GPL will not make someone a developer who is not. Compared to BSD, it will prevent some developers from being more than users.