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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.'"

61 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 Anonymous Coward · · Score: 2, Informative

      Almost every time he writes something, I cringe.

      Me too. Because I know that a) he's going to get flamed for it, and b) that he'll probably be proven right in a couple of years.

      Remember when he pointed out the problem with using BitKeeper for the Linux kernel? Lots of people flamed him for that, until McVoy got his feelings hurt.

      Remember the GNU policy of requiring everybody to certify that their work was their own and to explicitly transfer copyright? Lots of people called him a nitpicker for that, until it became obvious that had a scheme like that been applied to the Linux kernel, SCO would have been stopped dead in their tracks.

      Yeah, RMS is a nitpicker. Yeah, he's loud and obnoxious about it. Guess what? That's a GOOD thing.

    2. 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?

    3. 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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    4. 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. What is wrong with GPL v2 by nuggz · · Score: 3, Interesting

    What problem will v3 solve?

    Unless there is some sort of benefit, why would anyone use it?

    1. 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.

    2. 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.

  4. Older versions? by Poromenos1 · · Score: 3, Interesting

    Will programs under the older versions of the license automatically fall under v3, or will the author have to explicitly state that? The license isn't very clear (at least not to my non-lawyerish eyes).

    --
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    1. Re:Older versions? by egypt_jimbob · · Score: 3, Informative

      Most GPLd software has the phrase "or, at your option, any later version". However, some state explicitly that only a specific version applies. For example, WARNING: hping2 is covered *ONLY* by GPL version 2, and *NOT* any others.

      So it's really up to the author.

      --
      I am a leaf on the wind. Watch how I soar.
  5. What happens with deceased people's code? by G3ckoG33k · · Score: 2, Interesting

    What happens with deceased people's code? Will I inherit granny's 200,000 lines of code? What do I do then? Will GPL 3 address that?

    1. Re:What happens with deceased people's code? by phoenix.bam! · · Score: 4, Informative
      This isn't interesting at all! The code granny wrote is covered under standard copyright, just like if she wrote a book and died. Someone would inherit the full copyright. The code released by granny under the GPL is still going to be released under the GPL, nothing about her tragic passing changes anything.

      Maybe the parent was being funny, but certainly not interesting.

    2. Re:What happens with deceased people's code? by kfg · · Score: 2, Informative

      Licenses, by their very nature, being a grant from the "owner" to a nonowner, cannot address issues of ownership.

      That is handled by the various rights and property laws (which include the laws of inheritence), without which there would be no need for a license in the first place.

      The title to Granny's house and car don't address the issue of her death either. Granny was supposed to do that in her will.

      KFG

    3. Re:What happens with deceased people's code? by Shadow+Wrought · · Score: 2, Funny
      Will I inherit granny's 200,000 lines of code?

      Yes, but you won't get the $10 mil until you debug it;-)

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    4. 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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  6. Re:the code of conduct for free software distribut by Jessta · · Score: 2, Informative

    free software != open source

    Free software is a GNU thing.

    --
    ...and that is all I have to say about that.
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  7. 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 Blakey+Rat · · Score: 2

      Why not? How about because I disagree with their viewpoints?

      If they had a fund where I could contribute JUST for GCC, that'd be fine... I do appreciate the software that I use almost every day. But I don't want my contribution seen as some political statement by the FSF.

      (I can just imagine them releasing a press release like, "over $200,000 has been contributed towards the GCC project by users! Therefore, the GNU license is the Best Thing Ever and all Intellectual property should be free, Free, Gratis, FOSS, and whatever other term we'll start using for 'free' in the near future!" Screw that.)

    3. Re:Membership by linguae · · Score: 2, Informative

      Err, BSD doesn't use GNU libc (BSD has it's own C library), and the only reason why BSD uses gcc instead a BSD-license compiler is because when the original BSD developers decided to rewrite all of the AT&T code, GCC was already available, and I guess the BSD developers didn't feel like rewriting pcc (the compiler that shipped with AT&T Unix). I believe, looking at some old BSD source lists, that the BSD developers dropped pcc when the Net/2 release came out.

      And with TenDRA becoming better each year, we might see the BSDs make the switch to this compiler. The BSDs are known for replacing GNU tools with BSD-licensed replacements. OpenBSD is working on a BSD-licensed CVS, and FreeBSD replaced GNU tar with a BSD-licensed tar in FreeBSD 5.3.

  8. Same old GNU/God Complex by Michalson · · Score: 2, Funny

    1 of the 4 listed purposes of the GPL is "The GPL is the Literary Work of Richard M. Stallman" (which explains how the glory of Stallman is the lighting beacon of freedom). Does this guys ego ever take a break?

    1. 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?

  9. Background on the GPL by Spy+der+Mann · · Score: 4, Informative

    GPL v2 doesn't specifically address the patent problem. Anyway, here's the story on Revising the GPL.

  10. 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
  11. GPL V3 Addition: Section 13 by dduardo · · Score: 2, Funny

    All your base belong to us.

  12. 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 swillden · · Score: 2

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

      Did you miss the fact that GPLv2 is the *GNU* General Public License? The GPL was written by and for RMS and the FSF, so it shouldn't surprise anyone that GPLv3 will be the same.

      Of course, lots of other people decided that RMS' license was a really nice one, and decided to use it. The FSF clearly expects that the same will likely happen with GPLv3, and they think that's a good thing, so they plan to solicit input. Nevertheless, the license will reflect their goals. Period. Time will tell if enough other peoples' goals coincide with theirs that GPLv3 becomes as widely used as v2.

      Count me out.

      Okay. Me, I think I'll wait to see what the license says before deciding if it's useful.

      --
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    2. 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.

    3. 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...
    4. 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
  13. 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
  14. Uh. What do you think happens to it? by Dancin_Santa · · Score: 2, Informative

    The heirs receive the copyrights. Unless there's something in the decedent's will, the copyrights to the code will be passed on to the appropriate heir.

    The heir is then free to release the code under any copyright scheme he deems appropriate. However, he is bound by the original licensing of the code (GPL) which has already been granted. He may stop distributing it altogether, or he may stop licensing it under GPL, but the code that has already been distributed under the GPL remains that way.

  15. 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.)

  16. Re:the code of conduct for free software distribut by Florian+Weimer · · Score: 2, Informative

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

    The BSD folks usually quickly point out that their license is not a code of conduct for distributors, in contrast to the GPL. It certainly grants more freedom to distributors (and indirectly, less to the end users).

  17. New for version 3 by Lord+Bitman · · Score: 5, Funny

    I think there should be customizable skins, those make everything better.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  18. 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 ]
  19. 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>

    1. Re:My Suggestion by demaria · · Score: 2

      Why should a "valid and binding" legal agreement have to use obtuse language?

      Because that's how the legal system works. It's been crafted in a formalized way over the course of centuries. If you don't like it, you have to change the system of law. Besides, contracts are not written in Latin or anything like that. They do have to be understandable to a certain extent, and I've yet to find a contract at the consumer level that couldn't be easily understood just by reading it. They look scary but aren't that hard.

      Part of the strength of the Free Software movement is the simplicity and elegance of the GPL. Any developer who wants to use the license can easily understand it.

      The GPL is a license, a contract. What the GPL says and its enforceability will be determined by judges, not developers. The FSF can make a 'GPL for dummies' webpage if they want.

  20. 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.
  21. Re:translating GPL by hazee · · Score: 2, Funny

    On the contrary, if they translated it to a language that had a clear distinction between free (as in beer) and free (as in speech), then that alone could save untold amounts of confusion.

  22. I refer you to a very old post I wrote by Dancin_Santa · · Score: 3, Interesting

    I wrote this to address exactly the mistake you are making.

    GPL is not freedom for anyone. It is freedom for the software.

    1. 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 ]
    2. Re:I refer you to a very old post I wrote by Blakey+Rat · · Score: 2, Interesting

      Uh... yeah.

      While you're at it, why not arrange for my chair to be free to choose whatever office it wants to be in? And my car should be free to have premium gas whenever it wants.

      Are GPL users so strange that they actually think that inanimate objects should have "freedom?" That viewpoint makes PETA look sane!

  23. 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.

  24. Sneak Preview of one of the clauses by dwalsh · · Score: 2, Funny

    "23(a): Permission for all uses of this copyrighted work are granted to Microsoft Corporation (new sponsors of the Free Software Foundation), and they are exempt from all requirements in this licence agreement."

    This may cause disquiet among developers who used the "either version 2 of the License, or (at your option) any later version." clause.

    --
    ${YEAR+1} is going to be the year of Linux on the desktop!
  25. Re:the code of conduct for free software distribut by Anonymous Coward · · Score: 2, Informative

    How are they being treated like slaves when they're producing the stuff out of their own free will, for the purpose of being used by anyone, for any application?

    1. "PearPC".

    2. Not-so-hypothetical situation. I write software. It's pretty good. I decide to relax a certain level of control for it so that others can play with it, and we all get better software as a result. Two years later I get a call from a dickwad in Kentucky who has taken my code and used it in a patent application that was granted. Because my code is BSD, not GPL, I have the choice of wiping out my savings to challenge his patent, or try and get out of penalties by not writing on the software ever again. Dickwad then starts sending royalty letters to the other people listed in the source.

    -----

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    It's been 7 minutes since you last successfully posted a comment"

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  26. Re:Patent non Problem by squiggleslash · · Score: 2, Informative
    What is the problem?
    Two issues. First, the present wording needs to be a little more explicit when it comes to patents. Technically, most people reading the relevent part of the GPL would come to the conclusion that a patent holder cannot distribute a GPL'd program without agreeing to license, by implication, any patents covering the same program. Such a license would only apply to the program in question and direct derivations though that continue to use the same code. So if someone rewrites the code that the patent covers, writing new code that infringes the patent, the situation is legally ambigious.

    If you think I'm kidding, take a look at Nokia's supposedly generous offer to allow its patented technologies to be used in Linux, which somes with terms and conditions that imply Nokia could sue in the future over the same patents concerning future versions of the kernel. Work out under what circumstances they could do so (someone independently adding non-derived code that happens to infringe), and you suddenly have something that doesn't look as generous as it originally was.

    The second issue is more of a political one. Patents suck. If someone chooses to go to war against a free software application by suing it for patent infringement, does that organization have any moral right to use free software at all?

    There are few incentives that exist to discourage software patents. To be forced to never use free software again may be one of the few ways the free software community can fight back. With free software entrenched enough, this could be a good thing for those who believe in the freedom to program, and who oppose the notion of a "right" existing to implement a particular type of technology that can be expressed algorithmically.

    --
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  27. 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.

  28. 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.

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

    > Hm, explain the value to the user in ensuring that the GPL source is available to those users who have no understanding of what the source code is?

    It's the same value as having an automobile or appliance that can be serviced by any mechanic instead of one approved by the manufacturer, and that can replacement parts made by third parties. It's the value of having a printer whose consumables don't have to come from the manufacturer of the printer. It's freedom. It means that when you have the software, no one has power over you to take it away, or to prevent you from using it as you like.

  30. I would like to see a "More L than LGPL" license by spitzak · · Score: 4, Interesting

    Yes, I know RMS does not like this idea. But there does seem to be a lot of interest in making an "LGPL" that works the way users expect. In particular this means that you can statically-link with the library and release a closed-source version of the resulting program. Yet unlike the BSD license, you are not allowed to modify the library itself without releasing your modifications.

    This license serves two purposes: first it makes your library much more popular. And it should be very good for algorithims like OGG that want to be used by closed programs, by eliminating the risk of an incompatable and secret fork.

    Searching around I have seen many dozens of "exceptions to the GPL" to accomplish this, indicating that there are a lot of developers that want this. A standardized version would be very useful, with a name as recognizable as "LGPL" and "BSD".

    Attached is my version, which is based on wxWindows. Paragraph 2 is changed to make it clear that you must release changes to the library itself.

    Comments, anybody? What are the chances of an official version of this? As far as I can tell, the desire for this is the main force behind license proliferation.

    1. As a special exception, the copyright holders of this library give
    permission for additional uses of the text contained in this release of the
    library as licenced under the FLTK Library Licence, applying either version 2
    of the Licence, or (at your option) any later version of the Licence as
    published by the copyright holders of version 2 of the Licence document.

    2. The exception is that you may use, copy, link, modify and distribute, under terms of your own choice, any works based on the library (including static linking), provided that the creation of this work does not require the modification of any of the source code of the library.

    3. Modifications to the source code of the library do not fall under this
    exception. However you may distribute the modified library under the normal
    terms of this license and then distribute a work using this modified library
    using this exception.

    4. If you copy code from files distributed under the terms of the GNU General
    Public Licence or the GNU Library General Public Licence into a copy of this
    library, as this licence permits, the exception does not apply to the code
    that you add in this way. To avoid misleading anyone as to the status of such
    modified files, you must delete this exception notice from such code and/or
    adjust the licensing conditions notice accordingly.

    5. If you write modifications of your own for this library, it is your choice
    whether to permit this exception to apply to your modifications. If you do
    not wish that, you must delete the exception notice from such code and/or
    adjust the licensing conditions notice accordingly.

  31. Re:the code of conduct for free software distribut by Greg_D · · Score: 2, Informative

    Which group is more important? Considering all the free (as in beer) software out there right now, Joe Average isn't going to care about the GPL, because he'll NEVER do anything which would impact him with the GPLed software. He's not going to redistribute it and he isn't going to modify it.

    Joe Average might be a nice guy, but Joe Geek is the one building the applications and giving his time away.

  32. 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?

  33. 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.

  34. Why work to shut down discussion? by jbn-o · · Score: 2, Interesting

    I'm not sure what, exactly, constitutes "stirring up a tempest" but politics are at the heart of the matter when discussing licensing, certainly when comparing licenses that maintain a commons versus those that never say no. Accusations of this kind often come off as little more than attempts to shut people up without actually framing and defending any substantive issue; hardly discussion worthy of being called "insightful".

    The GNU GPL is the most popular free software license, hence any changes to it will naturally attract attention. This doesn't mean that the FSF is causing problems or doing something harmful to licensees by engaging the public in the formation of the next version of the GPL. Quite to the contrary, if the FSF wrote the GPLv3 without input from anyone, they'd be rightly accused of being insular and they would run the risk of publishing a license that few would adopt. The commons they seek to create by using this license could shrink as a result. There were some substantive debates over the philosophy behind the GNU FDL (in part because it appeared that revision discussion was not taken into account or replied to) and, at first blush, it looks like the FSF would like to avoid repeating that.

    The new BSD license, by contrast, is chosen chiefly by those who want to make a gift of code to all comers. This is an inherently political concern. The concept of creating a commons of code one can use copyright law to defend is not particularly attractive to these licensors. This doesn't mean they are taking a path worthy of less criticism.

  35. Re:the code of conduct for free software distribut by Brandybuck · · Score: 3, Interesting

    You seem to be confusing freedom with privilege. Maybe you just don't have a dictionary, so I'll clue you in. Freedom is an absence of restriction. A free end of a rope is the end that is unrestricted. Free verse is poetry unrestricted by rhyme or meter. A free man is one unrestricted by external obligation to another.

    There is no freedom to own slaves, because owning a slave is a restriction on the slave. Your freedom to swing your fist ends at my nose, because once it connects with my nose you are restricting me.

    There is no need to limit (restrict) freedom in order to promote freedom. Those who claim otherwise are either confused, or mistaking their privileges for freedoms. Being able to restrict how your software can be distributed is a *privilege* provided by the state via copyright, not a freedom.

    While the GPL does remove a heck of a lot of restrictions from the software, its restrictions are designed to protect the exclusive *privileges* of the author. The GPL author wants the license terms to apply to third parties, so he ensures this through privilege. He does this by removing freedom.

    It's sort of like after the slaves were freed in the US. Several laws were passed to retain a tiny bit of the former privilege, to ensure that former slaves didn't get to uppity and behave in ways the "liberators" didn't want them to behave. It's why we had a civil rights movement a century later. The slaves should have been freed 100% back then, just as software should be 100% free today.

    --
    Don't blame me, I didn't vote for either of them!
  36. 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.

  37. Don't let two decades of history pass you by. by jbn-o · · Score: 2, Informative

    You hit the nail on the head. OSS is not place for for power struggles.

    The GNU GPL version 3 will be the first revision of the GPL anyone involved in the open source movement will have had anything to do with. It's ahistorical to call the GPL anything to do with "open source" except that the OSI set their terms for license approval widely enough to allow the GPL to get the OSI's stamp of approval. Nobody at the OSI wrote the GPL and that organization (and the movement it started) didn't exist when the GPL was written. The FSF wrote the GPL (most notably, Richard Stallman) and RMS points out very clearly that the free software movement is distinct from the open source movement. There are very good reasons why you will find no references to "open" anything and numerous references to software freedom in the GPL.

    Even if this discussion concerned "open source software", proprietors would disagree that "OSS is not the place for power struggles" because proprietors wield power over their users all the time and don't like it when there is a suitable replacement for their program licensed to its users under more amenable terms. Proprietors spend millions of dollars on lobbyists who convince legislators to make anti-free software law. The power struggle for letting users control their computers has been going on for over 20 years now.

    Besides, I've never understood how there can be a single codified GPL. It defies legal precedent.

    What you're saying here makes no sense. The GPL is a license (that's what the "L" stands for), and there are two revisions of this license. Licensors have the power to choose the terms under which they wish to license their copyrighted work to others. Licenses are written because otherwise it is hard for licensees to know what their rights are concerning the copyrighted work.

  38. 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.

  39. Re:the code of conduct for free software distribut by pinky1 · · Score: 2, Informative
    sure, both BSD licenses are Free Software licenses.
    Just read again the part you have quoted:

    This is a simple, permissive non-copyleft free software license with a serious flaw: the ``obnoxious BSD advertising clause''. The flaw is not fatal; that is, it does not render the software non-free. But it does cause practical problems, including incompatibility with the GNU GPL.