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Open-source Licensing: BSD or GPL?

BSDForums.org writes "Mark Brewer of Covalent Technologies argues BSD is better for the enterprise. As open source licensing models, both the Berkeley Software Distribution license and the General Public License have advantages and disadvantages. But in the end, the BSD offers more benefits to enterprise customers. Matt Asay of Novell makes the case for GPL. He says, no one open source license is ideal in every circumstance. Different licenses serve different ends. Berkeley Software Distribution-style licenses have been used to govern the development of exceptional open source projects such as Apache. Clearly, BSD has its strengths. However, all things being equal, he prefers the General Public License (GPL ). The GPL is one of the most exciting, innovative capitalist tools ever created. The GPL breaks down walls between vendors and customers while enabling strong competitive differentiation. Which is a better licensing model for open-source applications: BSD or GPL? What do you think?"

96 of 631 comments (clear)

  1. Danger Will Robinson, Danger! by AKAImBatman · · Score: 3, Insightful

    The GPL is one of the most exciting, innovative capitalist tools ever created. The GPL breaks down walls between vendors and customers while enabling strong competitive differentiation.

    Buzz word overload! Take cover! Buzzword overload! Take cover! Buzz...

    * Robot's head EXPLODES in a shower of sparks!

    Would it kill people to speak in normal sentences instead of Market Speak(TM)? This entire article is just silly. Of course businesses prefer the BSD license. It places fewer restrictions on them, and allows them true ownership of derivitive works. That gives them something to later sell or use as a barganing chip.

    Of course many OSS authors prefer the GPL. It forces companies and other users to help pay for development by giving back. The benefit to OSS authors is very clear. The benefit to businesses, however, is still questionable in many circumstances.

    In the end it comes down to the usefulness of the software. If a business can't build upon BSD licensed software, they'll go with GPLed software. But if they can help it, they'll just go for the public domain stuff. ;-)

    1. Re:Danger Will Robinson, Danger! by ZephyrXero · · Score: 3, Interesting

      I've seen a bunch of projects that chose to go with the BSD style licence and it's bit them in the ass. People are using their code left and right, but hardly anyone is contributing back since they don't have to. Eric S. Raymond argued recently that we don't need the GPL anymore because OS is a better model, but the problem is human nature... As long as there are human beings involved, there's going to be people taking advantage of you...it's pessemistic, sure...but it true. The GPL is the only reason most projects, including Linux have come as far as they have. Is the GPL too strict? Maybe....but BSD is clearly too loose.

      --
      "A truly wise man realizes he knows nothing."
    2. Re:Danger Will Robinson, Danger! by AKAImBatman · · Score: 4, Insightful

      I'm certainly not arguing your point (although one needs to expect users to exercise their licensing rights to the fullest extent), I'm only arguing that businesses and developers have differing goals.

      Where the BSD license really shines is in areas like the Apache project. Businesses donate to the project so that they don't have to reinvent the wheel every other day. They are then free to take the resulting work and bury it deeply inside the code where they don't worry about it any longer.

      In the case of GPLed code, a business must make an up front decision to accept the change in business procedures that the GPL requires. This is good for GPL developers because they see a return on their work other than money. It's bad for a business because it may invalidate their business model. (i.e. How they make money.)

      As with all things, everyone has to meet in the middle on this stuff.

    3. Re:Danger Will Robinson, Danger! by ZephyrXero · · Score: 2, Informative

      How about ODE? You see tons of commericial/proprietary projects based off it, but you don't see very much development work on it there on the site do you? This may not be the best example, but it's the first one I thought of... I guess another good example would be how much code have you seen Microsoft contribute back to BSD even though they use some of their network components? ..or so I've heard...

      --
      "A truly wise man realizes he knows nothing."
    4. Re:Danger Will Robinson, Danger! by Xtifr · · Score: 5, Interesting

      Your analysis is blindingly oversimplified. Most companies would rather GPL their own code than release it under a BSD license, but would rather have others release their code under a BSD license.

      Actually, most companies don't care! Most companies aren't in the software market, don't want to be in the software market, don't care about the license as long as they can freely use and copy the software for their own purposes, and think all this arguing is insane. As far as they're concerned, the BSD and GPL licenses are functionally equivalent.

      But for the tiny percentage of all companies that actually are in the software or computer services market, the BSD license is something they only want to see applied to other people's code. So, saying they "prefer" the BSD license is hopelessly naive and misguided. They prefer to give away as little as possible, while getting as much as possible. And, in general, many of them seem to find the GPL or other copyleft licenses to be a reasonable compromise.

      The benefit to businesses of the GPL is quite obvious (at least to smart companies, of which there are an increasing number). They can release their own code without worrying that their competitors will abscond with it, improve it, and not share those improvements.

      Me, I tend to prefer the BSD license for my own code, as it's simpler, and there's less to worry about. But it's a very mild preference, and I happily contribute to GPL'd projects as well.

    5. Re:Danger Will Robinson, Danger! by toadlife · · Score: 4, Informative

      First of all, is the author of ODE complaining about this? If not, then why would you bring it up as a "problem"?

      Second of all, Microsoft *bought* a TCP stack from a Spider software when they were writing Win2k. Ironically, that TCP stack was taken from BSD - so you can be mad a spider software for 'stealing' the BSD tcp stack and laugh at Microsoft for paying for it.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    6. Re:Danger Will Robinson, Danger! by GrouchoMarx · · Score: 5, Insightful

      Your analysis is blindingly oversimplified. Most companies would rather GPL their own code than release it under a BSD license, but would rather have others release their code under a BSD license.

      Which is one reason I am personally fond of the LGPL. It says, in essence, "MY code is Free and must stay that way. Do what you want with you parts." It also has the side-effect of encouraging good, modular, component-based design. That's a win-win for everyone. Why people keep forgetting the LGPL in these flamewars I don't know, as it is a perfectly reasonable compromise between the "do anything" BSD and the "hand of Midas" GPL. I am particularly fond of it for libraries, frameworks, APIs, etc.

      That said, can we mod this entire story flamebait? I mean really, is the next Slashdot story going to be "Vi or Emacs, what does Slashdot think?"

      --

      --GrouchoMarx
      Card-carrying member of the EFF, FSF, and ACLU. Are you?

    7. Re:Danger Will Robinson, Danger! by killjoe · · Score: 2, Insightful

      Those companies as a rule don't distribute their code. For internal use only there is no difference between the GPL and BSD licenses. The GPL only kicks in when you distribute the code to others.

      This whole debate is only applicable to the .001% of all companies in the world which actually write and distribute code.

      --
      evil is as evil does
    8. Re:Danger Will Robinson, Danger! by AlexMidn1ght · · Score: 5, Funny

      Would it kill people to speak in normal sentences instead of Market Speak(TM)?

      I think Market Speak(TM) revolutionizes leading-edge initiatives by deploying mesh synergistic relationships and innovates in user-centric niches by enabling strategy scalable streamlined virtual communities and transition collaborative deliverables!

    9. Re:Danger Will Robinson, Danger! by R.D.Olivaw · · Score: 5, Insightful

      Note that the author doesn't have the right to complain. People (companies?) are using the way he licenced it. The GP was giving an axample of why BSD style licences are bad for authors if they expect something (code) in return. Some company and other developpers might contribute back to BSD projects but that relies completely on their goodwill.

    10. Re:Danger Will Robinson, Danger! by bersl2 · · Score: 3, Insightful

      WINE, for one. I'm pretty sure that they claim that moving to the LGPL stopped the commercial leeching and greatly increased the amount of code they received in contribution.

    11. Re:Danger Will Robinson, Danger! by toadlife · · Score: 2, Insightful

      That's a good point. Why *would* the author complain. He *chose* the BSD license, probably because he wanted people/companies to adopt it.

      If he had chosen the GPL license for his little engine, it's adoption rate would not be nearly as high.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    12. Re:Danger Will Robinson, Danger! by Scarblac · · Score: 5, Insightful

      I've seen a bunch of projects that chose to go with the BSD style licence and it's bit them in the ass. People are using their code left and right, but hardly anyone is contributing back since they don't have to. [...] As long as there are human beings involved, there's going to be people taking advantage of you.

      I don't get this. Surely he wanted everyone to use his code, without any further obligations? Since that's exactly the point of the license he used? How can you call that "biting him in the ass", or "taking advantage of"?

      BSD is clearly too loose, if you don't want people to keep their changes for themselves. But well, duh, don't use that license then. Most people in the BSD projects are perfectly happy if there code is used somewhere, regardless of ever seeing anything back (or so I've heard - I'm a Linux weenie).

      Anyway, in between GPL and BSD license, there's always the LGPL.

      --
      I believe posters are recognized by their sig. So I made one.
    13. Re:Danger Will Robinson, Danger! by rm69990 · · Score: 2, Informative

      The GPL doesn't kick in till u distribute the software. Ford could take the Linux kernel, hire some developers, make their own os called fordix that is based on linux, use it only in their company, and you would have absolutely NO rights to the code. You would not even be allowed to see it.

    14. Re:Danger Will Robinson, Danger! by jbolden · · Score: 2, Informative

      They are pretty happy. They got a lot of help about 2 years ago. The two projects forked further apart and they stopped getting the support they wanted. They let people know and Apple management addressed the issue quickly and to their satisfaction.

      What was your point again?

    15. Re:Danger Will Robinson, Danger! by Tony+Hoyle · · Score: 4, Informative

      LGPL is a nice middle ground if you want people to actually use your software... they can add their own value and make money, but changes to your library must be published.

      GPL is extremely hard to use as part of a commercial project, as it forces GPL on everything that links to it. That's fine if that's what the author wanted to achieve.. I do remember in my earlier years as a programmer GPLing everything without thinking though and it wouldn't surprise me if that still happened.

    16. Re:Danger Will Robinson, Danger! by drsmithy · · Score: 3, Interesting
      I've seen a bunch of projects that chose to go with the BSD style licence and it's bit them in the ass. People are using their code left and right, but hardly anyone is contributing back since they don't have to.

      If this is /really/ "biting them in the ass", and not just something they expected, but you happen to find personally disagreeable, then the people in those projects deserve every bit of pain they receive. The whole *point* of the BSD license is so derivative code remains under the control of the people writing it.

    17. Re:Danger Will Robinson, Danger! by rm69990 · · Score: 4, Informative

      The FSF (the people who wrote the GPL) don't agree with you on that matter.

      How do you think Google gets away with modifying their software and deploying it on servers world-wide?

      Some quotes from www.gnu.org from the GPL FAQ

      Is making and using multiple copies within one organization or company "distribution"?

      No, in that case the organization is just making the copies for itself. As a consequence, a company or other organization can develop a modified version and install that version through its own facilities, without giving the staff permission to release that modified version to outsiders.

      Note : Notice the use of the word facilities, not facility.

      However, when the organization transfers copies to other organizations or individuals, that is distribution. In particular, providing copies to contractors for use off-site is distribution.

      If someone steals a CD containing a version of a GPL-covered program, does the GPL give him the right to redistribute that version?

      If the version has been released elsewhere, then the thief probably does have the right to make copies and redistribute them under the GPL, but if he is imprisoned for stealing the CD he may have to wait until his release before doing so.

      If the version in question is unpublished and considered by a company to be its trade secret, then publishing it may be a violation of trade secret law, depending on other circumstances. The GPL does not change that. If the company tried to release its version and still treat it as a trade secret, that would violate the GPL, but if the company hasn't released this version, no such violation has occurred.

      I'm sorry, but I'm going to have to trust the FSF and the hundreds of other people who say what I say, as opposed to the handful who disagree, none of which have anything to do with the FSF

    18. Re:Danger Will Robinson, Danger! by -brazil- · · Score: 2, Insightful

      You seem to have no idea whatsoever what custom software is and how it is made.

      These aren't some small changes to standard software that give a "small edge". These are HUGE, mission-critical systems hand-tailored to fit the company's business processes. They may incorporate some standard software such as app servers, but that's really the smallest part; what's important is the stuff that runs ON the app server.

      And giving away this code, via GPL or otherwise, would be no loss to the company or gain to its competitors whatsoever, since the whole point is that the systems are customized to fit that particular company's needs, and would be pretty useless to any other company without modifications so big that you might as well start from scratch.

      Big consulting companies like Accenture (what used to be Anderson Consulting) may be able to profit from this by developing internal frameworks and reusable components, but that's a whole lot different than "duping" the clients, especially since this "R&D" accumulates over time and is unlikely to form aubstantially in one particular project.

      Earlier clients may pay more this way, but they still have the benefit of having their systems up and running earlier as well.

      --

      The illegal we do immediately. The unconstitutional takes a little longer.
      --Henry Kissinger

    19. Re:Danger Will Robinson, Danger! by Hes+Nikke · · Score: 3, Interesting

      Thats right. My goal with using the BSD license isn't to get code back (although i HAVE gotten code back!) - it's to get my name out there. If my name is included in the copyrights of a big product, people might recognize it when my resume crosses their desk, and it'll get me a job.

      yeah, i know, i'm dreaming. on the other hand i'm getting a free $50 program because they used ONE of my BSD licensed libraries :) (It'll be quite ironic if it turns out my name isn't included as the BSD license says is needed)

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    20. Re:Danger Will Robinson, Danger! by inflex · · Score: 2, Insightful

      If people feel that choosing the BSD licence "bit them on the arse" then they chose the wrong licence to start with.

      You don't put your code out under the BSD licence with the hidden hope that someone will raise you up on their shoulders via their wealth.

      People shouldn't complain about licences when it was their own choice initially.

      If you're seeking an alterior motive when putting code out under a BSD licence then you deserve to bit "bitten in the arse".

    21. Re:Danger Will Robinson, Danger! by Rich0 · · Score: 2, Interesting

      I would hope the companies are wising up, since they're essentially getting duped.

      Keep in mind that in many of these businesses IT is not considered a core-competency or a differentiator in the marketplace. As a result, the move is to lightly customize off-the-shelf software. This has benefits since everybody can benefit from standardized business practices, but if you are in fact doing something better than everyone else you end up giving away your advantage this way.

      If you're a typical firm that makes widgets, your executive team is a bunch of top-notch widget-makers with 30 years experience each and Ph.D.s in widgeteering. If you want to move up the ladder you had better have at least an MS in widgeteering. If you're just a programmer then you're only there since the widgeteers don't want to bother with imaging their PCs. (This is the mindset in many big companies.) If somebody in Elbonia comes up with a cheaper way of automating your widget-press your job is toast. Never mind that if they invested in a little software R&D yoru widget-presses might be faster than everybody else's. They'd rather save a dime and just have it be the same. The people on top can clearly see how investing more in widget R&D will make them come out on top. They can't see how investing in software R&D can provide much benefit.

      This applies to MANY professions. In a law firm money is only spent lavishly on the best lawyers. In a biotech it is only spent on the best biochemists. And so on...

      And this is how companies like software firms and consulting firms have cleaned up. Their widgets include software, and companies are willing to pay a premium for them to make software so that they don't need to think about it themselves.

      Don't get me wrong - I think that buying COTS makes a lot of sense - probably most of the time. However, firms have become reluctant to consider cases where an IT investment will give them a sustainable advantage. As a result, you get "IT doesn't matter."

      Also - if you want your advantage to be sustainable you need to pay your IT people well. Otherwise they'll just switch over to your competitor and redevelop for them the same software they just developed for you. Widget-makers understand that they'll lose their advantage if their best and brightest widgeteers move to their competitor. They don't seem to get it with IT though...

    22. Re:Danger Will Robinson, Danger! by Scarblac · · Score: 3, Funny

      I would have been proud, if I hadn't spelled "their" as "there" on the next line... *bangs head on keyboard*

      --
      I believe posters are recognized by their sig. So I made one.
    23. Re:Danger Will Robinson, Danger! by anthony_dipierro · · Score: 2

      The most popular licenses "in between" GPL and BSD are probably ShareAlike and Attribution-ShareAlike. Both are strong copylefts, in the derivative works must be released under the original license, but neither require releasing the source code. So if you want to modify and use the code in an embedded device, there's no need to release your source. But if you get popular enough for people to care, the code is going to get reverse engineered eventually anyway.

      There's usually enough incentive to contribute back code that anyone not contributing modifications are unlikely to use GPLed software anyway. By contributing the modifications back you ensure that they are contained in all the future revisions of the code. Forking an active project is very difficult due to the constant merges that have to take place.

    24. Re:Danger Will Robinson, Danger! by alc6379 · · Score: 4, Informative
      If you look at the site itself (emphasis added):
      The Benefits of an Open Source Physics Engine

      * ODE's BSD license allows you to use the source code free of charge in your commercial products.
      * ODE gives you more control over your product.
      * ODE can be more easily integrated with your own software and tools.
      * If you want to create your own physics engine, you can use the pieces of ODE as a reference!


      It would appear to me that they're not too hurt people are doing this. In fact, the choice of the BSD license in this case seems pretty well thought out, in line with that one aim of using the software however you so choose.
      --
      I don't moderate anymore. Karma penalty for 90% fair mods? Can I mod that unfair?
    25. Re:Danger Will Robinson, Danger! by LWATCDR · · Score: 3, Insightful

      However that issues doesn't really go away with the GPL. I have seen people in slashdot complaining about how this or that free program sucks. MythTV was a big one. But did any of them contribute code or money? Not on your life. I am amazed that someone would spend there time complaining and insulting the developer of a free program but it happens.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    26. Re:Danger Will Robinson, Danger! by CDarklock · · Score: 2, Insightful

      One of the questions we need to ask ourselves is what our goal really is. Are we trying to develop useful code to help people (BSD/MIT), or are we trying to make other people develop useful code to help us (GPL/LGPL)?

      One of those goals doesn't sound very much like freedom. If we're going to champion freedom for software, including a convenient pair of shackles in every project looks a little suspicious.

      The problem with the GPL is that it doesn't work on anyone except a developer. It says "if you want to use this code to complete your project, you must release the source to that project". The alternative is to develop your own code, which takes a lot of time, and the developer doesn't want to spend that time on something that has already been done.

      From a commercial perspective, that license also says "this code has commercial value; if you develop your own code, you can sell it". So the natural business response is to identify the value of the code to the average project, multiply by the number of projects expected to need this code, and subtract the expected cost of developing a commercial replacement to give an anticipate revenue stream:

      V * P - C = R

      Then you compare this to using the GPL code. The business benefit comes when the value is greater than the anticipated revenue, or:

      V > V * P - C

      Reducing and simplifying:

      C > V * (P - 1)

      In other words, for the commercial interest to release its code, the cost of development must exceed the value of the code to all other projects that might use it. But the open source community uses roughly the same metric to decide what code to write, so this is virtually never true.

      The end result is that useful GPL code is most often used in the business world to identify a new market niche, not to contribute to the community. The BSD license may allow commercial interests to use and not contribute, but it *doesn't* inspire the commercial sector to directly compete with the open source code, and it *doesn't* encourage commercial users to seek commercial alternatives.

      Sure, people will get bitten. But the demand that people contribute back NOW is short-sighted, every bit as much so as building a commercial project instead of an open source project. The best long-term benefits are realised with a truly free license, not a semi-free backscratching arrangement. The BSD license allows the benefits of open source to speak for themselves, and they are very convincing in the long run.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
    27. Re:Danger Will Robinson, Danger! by darkonc · · Score: 2, Insightful
      Microsoft taking the BSD TCP stack 'worked' because MS needed something compatible. Had they been in the position in 1993 that they are now, they would have probably made incompatible changes to the BSD stack and refused to release any of those changes back to the community.
      (BTW: has MS contributed anything back to the BSD community?)

      With Kerberos, they made incompatible changes and didn't want to feed their changes back to the OS community.

      The BSD community seems to expect that big companies that take their code will somehow just want to feed changes back to them -- so they're a bit put out when companies like SUN use their code, but refuse to even give them specs on their hardware much less hardware to develop more code on.
      "Yeah, it's their right under the BSD license, but ... but.... sheee!"

      Part of the problem with BSD-licensed code is that companies that use it, even if they want to contribute their changes back have to presume that their competition will take the contributed changes and close-source them. It's a zero-sum game. In other words, BSD interacts with human greed in a way that discourages code feedback. The GPL, on the other hand, requires code feedback, so companies often feel safer contributing their changes back into the loop.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    28. Re:Danger Will Robinson, Danger! by ZephyrXero · · Score: 2, Insightful

      You sound very trusting and confused. Most businesses are not forward thinking...they can't see the reprecussions of what they are doing now 10 years down the road. The GPL is there specifically to keep businesses like yours from taking advantage of the community. When someone releases their code under a GPL style licence they are saying my code is worth MORE than the money someone would pay me for a closed licence. When you release it under a BSD styled licence you are pretty much saying...I just did this for fun and it's pretty much worthless. GPL forces community contribution, because no matter how wonderful the BSD may be for your business...human nature will undermine it's virtue eventually. With GPL type licences you're code will live on and thrive...with BSD type, you'll be sending your baby into the deep dark woods to fend for itself. The GPL and GPL style licences are more strict because they are based in reality...while BSD type is a pipe dream.

      --
      "A truly wise man realizes he knows nothing."
    29. Re:Danger Will Robinson, Danger! by extrasolar · · Score: 2, Funny

      The BSD license is legalese for dropping the soap on purpose in prison.

    30. Re:Danger Will Robinson, Danger! by InvalidError · · Score: 2, Insightful

      GPL requires that you license your own code under GPL if you use any GPL libraries or include any GPL code, this is the essense of the GPL's "viral" nature.

      With BSD, Apache and many other licenses, programmers are allowed to release closed-source software including BSD/etc. code/libraries or even forking then changing license with the only requirements being:
      1) acknowledgement of the components' AS-IS disclaimer
      2) not claim the components as their own original work and often
      3) many ask for a simple mention of the component in the credits list

      With GPL: once GPL, always GPL. With BSD: free-for-all, you can even fork then change the license.

      IMO, GPLing libraries effectively ruin them. The LGPL at least allows dynamic linking.

    31. Re:Danger Will Robinson, Danger! by alc6379 · · Score: 2, Informative

      I'm not sure that was the aim, though. I think that the aim was completely unemcumbered code, usable for whatever intent. Even the LGPL, if it requires them to contribute changes to ODE, isn't unencumbered enough.

      --
      I don't moderate anymore. Karma penalty for 90% fair mods? Can I mod that unfair?
  2. And he is right too. by Anonymous Coward · · Score: 5, Insightful

    The GPL license is perfect for developers.

    The BSD license is perfect for everybody else.

    1. Re:And he is right too. by sycotic · · Score: 2, Interesting

      Why is it bad for the consumers?

      --
      -- If I were a fish, I'd be wet
    2. Re:And he is right too. by EzInKy · · Score: 2, Insightful


      The GPL license is perfect for developers.

      The BSD license is perfect for everybody else.

      As a software consumer who never ever wants to be forced to agree to a EULA just to get better performance from my software I have to favor the GPL. Screw those who want to screw others, if you want to charge me for something then make it yourself from scratch.

      --
      Time is what keeps everything from happening all at once.
    3. Re:And he is right too. by fyngyrz · · Score: 2, Insightful
      Cause proprietary software makers who use BSD software do not contribute back their changes.

      Instead, they contribute usable products sooner and having jumped through far fewer legal hoops, which, if the consumer decides to, they can add to their library of tools, thus enabling them in some manner.

      An important benefit here is that the costs of the product drop because lawyers are cut out to a considerably greater degree by BSD as opposed to GPL. BSD is a "no-worry" license, insomuch as such a thing is possible these days. That decrease in costs can be passed back to the consumer, or turned internally to fund more development or sooner development. Or not. But there are benefits to be had that can accrue to the "community", whatever that might mean to you and yours.

      Certainly not all "giving back" has to be in the form of code to OS developers. The market is more than happy OS developers, you know. It may be that in some cases, the OS developers end up using the closed-source tool that has their work in it.

      I've written a lot of code and given it out; I always did it as PD, because I'm not in the least interested in "getting a return" on that code. Of any kind. Write it, kick it out the door, and forget about it. I don't even sign it. Zero ongoing cost and annoyance are nice perks. Not everyone uses a "gimme-gimme-gimme" model for everything they do, and for that reason alone, the GPL gets kicked to the curb by many people who contribute to the community.

      --
      I've fallen off your lawn, and I can't get up.
    4. Re:And he is right too. by QuantumG · · Score: 3, Insightful

      Yep, pretty fundamental in my way of thinking about open software development is the concept that users of proprietary software are getting a raw deal. If you don't share that idea then I'm sure you'd have no problem actively helping people to make proprietary software. Of course, there are times when doing so has advantages. A project I started and is still actively developed is licensed under a two clause BSD license with the outright intention that it help proprietary software makers enter a hard to define market. The idea being that if they can base services on this software they won't have to invest so much to get started. They can keep their changes to themselves and hopefully when there is some competition we'll see some innovative things. But when you're talking about free software in already established markets, you really are just throwing away your work.

      --
      How we know is more important than what we know.
    5. Re:And he is right too. by Trix · · Score: 2, Insightful

      I think you've got that, kind of, backwards.

      The GNU GPL is perfect for Users.
      The BSD license is for Developers.

      GPL means everyone has to share and code will always be free.

      Developers may not always want their code to be "free." Whether RMS likes it or not, there ARE companies that survive by selling their software. Granted, most of those are niche markets that wouldn't see mass development the way that something like an OS kernel would, but revenue-generating software is how they make their way in this world. These companies can incorporate software under a BSD-style or MIT-style license and still keep their source closed. This is not the case with the GPL; if they incorporate a GPL'ed library, then their code is GPL'ed as well - - and that usually isn't the desired outcome.

      --
      I want all of the power and none of the responsibility.
    6. Re:And he is right too. by IpalindromeI · · Score: 2, Insightful

      With GPL'd software, I'm always guaranteed unlimited access to the software and upgrades.

      No, you aren't. I guess people are having a hard time understanding what licensing means. You're probably right in this specific example, because I doubt Debian makes all contributors hand over the copyrights. But in general, software being licensed under the GPL gives you no extra rights than if it was under BSD. That's because licenses only apply to people taking the software, not the people writing it. Licenses exist to restrict rights, not grant them.

      For example, say I write version 1 of a neat nicknack and license it as GPL. The GPL doesn't apply to me, it applies to everyone else that wants to use it. I can do anything I want, because I'm the original author. Sure, version 1 is already out there and anyone can use it. But if I upgrade it to version 2, I don't have to license that as GPL. I can license it any way that I want. So you don't have "guaranteed unlimited access to the software and upgrades" simply because the software is GPL'd.

      --

      --
      Promoting critical thinking since 1994.
  3. OMFG, they actually asked what we think about this by Fox_1 · · Score: 4, Funny

    I swear to god my jaw dropped when I read the article summary, at first I was excited by the idea of some differing views being presented on the different license models, but then I hit the last line
    "Which is a better licensing model for open-source applications: BSD or GPL? What do you think?"
    Please for the love of god remember the children when you post.

    --
    The rock, the vulture, and the chain
  4. Which is better? by Anonymous Coward · · Score: 5, Funny

    I wish to edit my open source license files. Which is a better editor for this purpose, Emacs or Vi?

    1. Re:Which is better? by Kethinov · · Score: 3, Funny
      I wish to edit my open source license files. Which is a better editor for this purpose, Emacs or Vi?
      Do it with Microsoft Word so you can have irony++.
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  5. Wow, that is pointless. by Toba82 · · Score: 3, Insightful

    First you say they work to different ends and then ask which is better. Isn't that like comparing swiss cheese to nuclear physics?

    --
    I pretend to know more than I really do by mooching off google and wikipedia.
  6. All depends on what you want. by jon787 · · Score: 5, Informative


    The purpose of the GPL is to ensure that the code will always be open.

    The purpose of the BSD license is to ensure the authors are given proper credit, not necessarily to keep the code open.

    --
    X(7): A program for managing terminal windows. See also screen(1).
    1. Re:All depends on what you want. by Nugget · · Score: 2, Insightful

      I like it, but it's not quite accurate.

      The GPL is about making GPL'd software better. GPL'd code is not useful to developers using any of the other FOSS licenses, only to people using the GPL.

      As far as the GPL is concerned, The Apache Group and Microsoft are both disqualified for cooperation.

      The GPL exists to encourage the use of the GPL. The BSDL exists to encourage the creation of quality software, regardless of license.

  7. Oh dear Lord... by Anonymous Coward · · Score: 3, Insightful

    Why not mark the entire post and resulting thread as -1 flamebait now and get it over with? While it's an interesting question and I'm sure there are places where people could have a nice mature and rational discussion about it, /. is just NOT one of those places...

    Anyways, as an encore, I think the next posting should be "VI vs. Emacs: Which is the best text editor for your needs?"

  8. BTW by AKAImBatman · · Score: 3, Informative

    Furthermore, software containing embedded GPL-based code must be licensed under the GPL.

    This is incorrect. The GPL does not require that derivitive works be GPLed. The key is that the restrictions placed on derivitive works (you must give up the source code and exclusive rights to redistribution) makes the resulting code effectively like the GPL. You can still use some other license for the derivitive code, and once you stop redistributing you can stop giving out the source code. Plus, nothing prevents you (as the copyright holder) from reusing the source that is yours in a non-GPL-derived product.

    Clear as mud? Good.

    1. Re:BTW by ccady · · Score: 3, Informative

      Unless I've misunderstood you, you've got the facts wrong yourself. You claim: The GPL does not require that derivitive works be GPLed. and You can still use some other license for the derivitive code

      If you distribute your derivative work, b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. [section 2b of the GPL]

      --
      J'aime mieux les méchants que les imbéciles, parce qu'ils se reposent. -- Alexandre Dumas
  9. Chocolate or Vanilla??? by RobertKozak · · Score: 2, Funny

    Vi or emacs

    Windows or Linux

    Replublican or Democrat

    Development or Systems

    Apache or IIS

    Apple or Intel

    Oh wait.... geeze...

    --
    Bet this .sig looks familiar.
  10. GPL helps programmers get paid by Bruce+Perens · · Score: 4, Interesting
    When I do programming for myself, with my own money, I do it under the GPL. That way, I can share my software, and if someone doesn't want to share they can pay for a commercial license. When a customer pays me to do BSD-licensed software, I do it happily.

    The BSD license is great if you are a big company and lots of little folks like me are contributing BSD software that you can use in any proprietary way you wish. But it's not so great for those little people, because they are functioning as sort of unpaid employees. GPL gives the whole situation a balance.

    If you take the range of GPL, LGPL or GPL + exception, and BSD, you have a range of licenses for essentially any business purpose. Each has their strong and weak points.

    Bruce

    1. Re:GPL helps programmers get paid by Skuto · · Score: 2, Interesting

      >When I do programming for myself, with my own
      >money, I do it under the GPL. That way, I can share
      >my software, and if someone doesn't want to share
      >they can pay for a commercial license.

      I would say that this is a great *problem* of the GPL. It's very easy in an open project to get spread, diluted copyright ownership. With the GPL, relicensing to a commercial customer can become impossible. A developer can easily find themselves in a situation where he would want to license his work, but some earlier, relatively small contributions can have made this legally basically impossible.

      And no, reverting such changes out is often not as easy as it sounds.

    2. Re:GPL helps programmers get paid by unapersson · · Score: 4, Informative

      "I would say that this is a great *problem* of the GPL. It's very easy in an open project to get spread, diluted copyright ownership. With the GPL, relicensing to a commercial customer can become impossible."

      That really depends on whether or not you just accept random patches, or if you're planning to license the code commercially, whether you require copyright assignment to you before applying those patches.

  11. English garden or tightly maintained lawn? by puzzled · · Score: 2, Funny


    I'll get beaten down for posting this again, but having used FreeBSD, OpenBSD, Redhat, and SuSe extensively over the last ten years:

    The Linux distro cloud is like an English garden - wild stuff going on all over the place, very easy for someone with a new idea to break in and produce a distro, and in general there is a frenetic level of innovation.

    The BSD systems are more like the lawn of the base commander at Camp Pendleton - each blade named, serial numbered, and rarely do they get out of line.

    I'm running FreeBSD most everywhere because I don't have to jack with it. I've got SuSe on my desktop because I've got a captive Windows thingy with accounting data and people around here pay me to touch SuSe, so its worthwhile to be up to speed.

    Each has their place - I love the massive amount of GPL stuff in /usr/ports, but I'm really glad I'm no longer stuck in RH binary dependency hell.

    Yes, I've heard of portage, no, I haven't touched it yet - consider enlightening without flaming if you're a guru ...

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    1. Re:English garden or tightly maintained lawn? by puzzled · · Score: 2, Interesting


      Ut oh. Time to discuss perspective.

      Linux is a kernel, BSD is a kernel + userland + ports. When people say Linux they mean GNU/Linux - the kernel *and* the associated userland stuff. So when I say 'Linux' I mean Linux kernel and one of the more popular userland implementations along with a packaging system.

      I've done a lot with Redhat, some with SuSe recently, and in ancient days I've had my hands on Caldera, Mandrake, and Slackware.

      Uh, Yuck Foo on the habitual self handler AC who said I wasn't cool enough for Gentoo - I have WORK to do every single day, and BSD gets it done better than anything else. When you get out of mom and dad's basement your view might change ...

      Culture is key. BSD's culture is one of discipline, Linux, in general, one of 'perfect is the enemy of good' experimentation. Perhaps there are some distros that are getting away from that, but in 2000 when my disgust with Redhat became overwhelming FreeBSD was the only game in town. Now FreeBSD ain't broke and I haven't lived at chez mom & dad for twenty years, so who has time to do the distro fiddle? Not me.

      I also have to look at marketability - I *sell* the FreeBSD stuff I implement. I'm still disgusted with Redhat (tried 9.0 a while back) but I'm running into SuSe in the field so I've had 9.1 and 9.2 on lappie and desktop. Its *not* stable. I've done the updates, I've got really vanilla hardware, I'm not pushing it hard, and I have troubles. Maybe this doesn't show with a server install but this is what I am seeing.

      Feh. Lots more to say, but I need to get going ... troll away, ACs, troll away ...

      --
      I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
  12. I vote BSD style (but LGPL's ok)... by qaffle · · Score: 4, Insightful
    I work for a government lab that develops both free software and private software (specifically when under contract with private companies) and we have to deal with this issue constantly. We try our best to not reinvent the wheel and to use pre-existing libraries that are out there, but sometimes you find a perfectly fitting library only to find its GPL'd, which kills any possibility of using it since not all of the work a company like ours can do is able to have a GPL style license.

    It is not logical to expect (IMO) that a company contracting another company is always going to want (or be willing to accept) a GPL style license, so GPL'ing something limits its use in corporate sectors (again IMO).

    Now many times if you go and ask the library authors' they'll grant special permission especially in a case like this, but it's a hastle to work with. And you can argue that you should fight for free software all over, but it doesn't make business sense in every case, especially when your company is not in the business of providing support.

    Also the LGPL solves this sort of issue to some extent, but I'd say the LGPL is more BSD then GPL, but that's a bit of an overstatement...

    1. Re:I vote BSD style (but LGPL's ok)... by AuMatar · · Score: 4, Insightful

      You see, as a GPL developer, thats exactly the reason why I only use GPL. You want to be able to take my work and sell it. Ok, thats fine. You want to be able to do so while not contributing back and improving the software for the rest of the users- you want all the benefits of open source with none of the responsibilities. Thats not cool.

      My goal in life is not to be your free development resource. My goal is to produce software to help my fellow man. If your company can benefit too, thats a bonus. But if you aren't willing to do the same thing, then you can pay for my work to replicated on your own dollar. You can't have it both ways. Pay me in code, or pay me (or other developers) to do it in cash. But you will pay for the use of it in another project.

      --
      I still have more fans than freaks. WTF is wrong with you people?
  13. Depends on where you are by Todd+Knarr · · Score: 3, Insightful

    The BSD license offers more advantages to companies looking to sell software derived from existing software. They can take BSD-licensed code, do what they wish with it and treat the results as their own proprietary code.

    The GPL license offers advantages to end-users long-term. Anyone wanting to take advantage of the starting point GPL'd software offers has to return the favor in the form of their code. Essentially it makes developers let other people take advantage of their work in the same way they took advantage of others' work. It also guarantees that, as an end-user, you're never in a position where you can't get fixes and modifications to the software.

    Which one is better for you as the author of the software who has to decide on the license to release it under depends on your goals for the software.

  14. The GPL good when ownership is well-defined. by Kaz+Kylheku · · Score: 4, Interesting

    An enterprise can always approach the author of a GPLed software component and license it. Then they can do whatever they want, according to the alternate license, like shipping binaries with no source. He would be a fool who would not take money from someone who wants to ship proprietary binaries containing his program or library, under alternate licensing!

    But, if there are are too many joint authors, that's a problem. It may be impractical to get everyone to agree to set up the alternate licensing.

    If all the authors have assigned their copyright to some organization that is politically against proprietary software, that's also a problem for you. (That's why those FSF people want copyright assignment. They know too damn well that the GPL by itself isn't enough!)

    These aren't inherent problems with the GPL, though, only with the specific situation involving the GPL.

    Under the right conditions, when there are only a few authors or maybe just one, the key difference between the GPL and BSD is that you have to obtain permission from the authors of the GPLed program for proprietary use. When you do that, you have a bit of advantage too, because that program remains non-free to your competition. If they want the technology, they have to approach those authors and buy it separately from you. Heck, you could even buy the complete, exclusive rights to the GPLed program. Afterward, none of your competitors could make proprietary use of the technology, only the uses permitted by the GPL'ed public releases (which you can continue to make, as the new owner!) So you see, it's pretty damn smart to write GPLed software: you leave yourself open as a nice acquisition target for someone who wants the technology.

    That's what kind of makes the BSD license stupid; the authors have just given away the permission to everyone to do anything. It's a good license to put on the smallest possible piece of code that will make a name for you as a great hacker and help you secure future contracts. It's also good for your reference implementation of some spec that you are trying to push onto everyone else, whether it be a data format, protocol, or what have you. Otherwise you're just doing free work for some software venture capitalist, which is stupid. I mean, if you want to help people, go spend time with sick children or something. Doh!

    1. Re:The GPL good when ownership is well-defined. by Sheepdot · · Score: 5, Insightful

      Otherwise you're just doing free work for some software venture capitalist, which is stupid. I mean, if you want to help people, go spend time with sick children or something.

      Apparently there are some mods who only read half of the comments.

      So I suppose the Apache Foundation should just give up the work they've done? I suppose name-recognition for a popular BSD project isn't enough for you?

      If anything, licensing under BSD instead of the GPL is the most selfless act a software developer can make. It means they are coding for the love of coding, not because of a political or philosophical agenda. Is there something wrong with that?

      Likewise, is there something wrong with working for Habitat for Humanity, the Peace Corps, and The Hunger Project?

    2. Re:The GPL good when ownership is well-defined. by gr8_phk · · Score: 2, Insightful
      "I'd futher argue that when someone releases their code under the GPL because they are compelled to do so by the license that it hardly qualifies as "selfless" behavior."

      No one is compelling you to do anything. If you chose to build on a GPLed work, you have chosen to provide people your code upon request when you distribute it (quite selfless). GPL doesn't force anyone to make that choice.

  15. FSF's stance on linking by crankyspice · · Score: 3, Interesting

    My biggest problem with the GPL is the FSF's position that even dynamically linking against a library under GPL is enough to make the resulting code a derivative work (and thus also subject to the GPL). The BSD license affords much more flexibility. The LGPL is also not so encumbered. (http://www.fsf.org/licensing/licenses/lgpl.html)

    Note also that the FSF's interpretation may not be binding, but it hasn't been tested in court (that I'm aware of, and I recently attended a symposium on this very topic). So, in my mind, it creates an unacceptable exposure for anyone who wants to develop software but not adopt the GPL. The BSD license is substantially safer.

    More discussion on this point: http://www.oslawblog.com/2005/01/static-linking-gp l-and-lgpl.html

    --
    geek. lawyer.
    1. Re:FSF's stance on linking by JanusFury · · Score: 3, Insightful

      The dynamic linking issue is probably my only real gripe with the GPL. It makes it almost impossible for me to realistically consider using the GPL for any of my code. The LGPL is much easier to work with and still provides almost all of the same benefits as the GPL for me as a developer, and my users get the same basic freedoms from it as they would from the GPL (theoretically, they actually get more), so most of my projects are licensed under the LGPL (or occasionally just the plain ol' zlib license).

      On a side note, I recently asked one of the XviD developers about including the XviD codec with a LGPL application I had written. I don't directly use the XviD codec; I use the standard Win32 VFW API to load video clips and play them back. I wanted to include XviD in the installer so that my users would have a quality codec ready to go without having to pay any license fees. The developer stated that because XviD is GPL, all of my code (and any scripts my users wrote, as well) had to be GPL, otherwise I would be violating the GPL. Because of this, I ended up having to include a commercial codec with a less insane license instead.

      --
      using namespace slashdot;
      troll::post();
    2. Re:FSF's stance on linking by jbolden · · Score: 3, Insightful

      y biggest problem with the GPL is the FSF's position that even dynamically linking against a library under GPL is enough to make the resulting code a derivative work (and thus also subject to the GPL).

      The FSF doesn't define derived work, that's a legal term from copyright law. Most lawyers are of the opinion that the FSF is being far to liberal and that much more stuff would constitute derived than even they believe (stuff that most programmers would consider "mere aggregation".

    3. Re:FSF's stance on linking by Sloppy · · Score: 2, Insightful
      The FSF wrote the license, they have clarified the issue lots of times, so even if you read the license differently, I expect a judge would look at the *intent* of the license, and still hold you for willfully infringement, because you KNEW the intent.
      This argument begs the question. (It assumes an outcome in order to support that outcome.)

      The intent of the license is completely irrelevent, if you have not agreed to the license. The intent of copyright law is what matters. If dynamic linking causes something to be a derivative work of a library, then you start worrying about the library's license. If dynamic linking does not cause something to be a derivative work, then it doesn't matter if the library is GPLed or LGPLed or Microsoft Windows EULA or anything else, because you're not licensing the library. The terms of the license do not matter.

      A license, regardless of its intent of copyright law. It cannot define the conditions under which the license's terms must be obeyed -- it assumes that those conditions have already happened. If that assumption is violated, then the license is irrelevant and its terms do not apply.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  16. WTF? by orz · · Score: 3, Insightful

    The article submitter should be flayed alive. The /. editor should be drubbed soundly.

    Use the GPL if you're going to get upset if someone uses your code commercially without paying you. GPL won't quite prohibit that kind of thing, but it will make most business models involving it impractical.

    Use the GPL if you have strong philosophical objections to the basic idea of intellectual property. If, eventually, a sufficiently large portion of code is GPLed, then it might become prohibitively difficult for anyone to make non-GPLed code without re-inventing the wheel. Dream on.

    Use the BSD license if you just want your code to be useful to as many people as possible.

    1. Re:WTF? by femto · · Score: 2, Insightful
      I think apples are better than oranges.

      It's just as valid to debate the above.

      It's not a question of which is being better, but what you are trying to achieve by your choice of license. Just as apples and oranges have different uses, the two licenses suit different purposes, so aren't really worth comparing.

      Debate the merits of each purpose if you will (and get into an argument where 'right' depends your point of view), but neither of the two licenses is 'better'.

    2. Re:WTF? by Scarblac · · Score: 3, Insightful

      Use the GPL if you have strong philosophical objections to the basic idea of intellectual property.

      I don't get this. Without intellectual property (read: without copyright law), it would be like everything was BSD licensed. The GPL relies entirely on copyright law to do its trick.

      --
      I believe posters are recognized by their sig. So I made one.
    3. Re:WTF? by latroM · · Score: 2, Insightful

      Use the GPL if you're going to get upset if someone uses your code commercially without paying you.

      The GPL doesn't cover the use of software, only distribution. The GPL doesn't prevent making money, it only prevents making software non-free.

  17. Businesses sit on both ends of the table... by Kjella · · Score: 2, Interesting

    ...as providers of code, they hardly want to release under the BSD license. A GPL license is often acceptable where BSD is not. As consumers of code, they love the BSD license. As for OSS authors, I think the requirements of the GPL are excellent at promoting OSS. So I think the contributors should be release under the GPL (except where reasonable such as standards you want everyone to follow). What the consumers want is really irrelevant since they don't contribute in the making. Why should you aim to please someone where you have nothing to gain?

    Kjella

    --
    Live today, because you never know what tomorrow brings
  18. BSD good for selfish companies only by tehanu · · Score: 2, Insightful

    How many companies, as opposed to not-for-profit organisations have actually released software as BSD? For a company, *releasing* software as BSD makes no sense. Here, take my work. Oh, Mr Competitor, of course you can use my money and research to help you compete against me. No, you don't have to give me any improvements you make. With the GPL the company is assured of getting any improvements back. It's taking the gamble that while its money could be used to help its competitor if they use the code for anything it has to release *that* as GPL so that it can use it. Also if its competitor makes an improvement it will be able to use that improvement itself. For a company *releasing* software under an open-source license BSD has no real advantages and many disadvantages.

    For a company that *consumes* open-source software - and by this - I don't mean using Linux on the desktop but say taking open-source software and using it in their own programs or repackaging it, BSD is obviously superior as they can take as much as they like for free, profit from it and not give anything back.

    Personally I think if BSD was the predominant open-source license you won't be seeing nearly as many companies releasing their work as open-source. For for-profit companies, BSD gives all the benefits to the selfish companies and penalises the generous companies. GPL is more fair from a for-profit perspective.

  19. GNU GPL all the way by Cronopios · · Score: 2, Interesting
    BSD is better for the enterprise.
    Yeah, right. How many cases can you think of enterprises releasing their software under a BSD license?
    Alas, I can think of many programs being released by big corporations under the GNU GPL.
    Enterprises just wants other's software released under BSD.

    If individual developers/small groups want to make any money from their work or get enterprises collaborating in their project, they should go with the GNU GPL as well.

    Of course, sometimes the LGPL will be preferable. And -rarely- the GPL+linking exception.
    --
    Windows users:
    Internet Explorer is obsolete. Please upgrade to Google Chrome or Mozilla Firefox.
  20. Re:Licensing genes. by Fox_1 · · Score: 4, Funny

    "Please for the love of god remember the children when you post."

    So should we license our children under the BSD license, or the GPL one?


    Really depends on the source I think. My fiance doesn't let me share my source anymore, and I certainly don't contribute it back to the tree, shudder.

    --
    The rock, the vulture, and the chain
  21. My experiences of an open source project release by alanw · · Score: 5, Informative

    Around Y2K, I worked for a company called Cyrano.com. It produced testing
    software. We had done very well in the run-up to Y2K - lots of people wanted
    to perform regression testing on their database applications. We were a small
    company - much smaller than e.g. Rational.com (Now borged by IBM), but felt
    that we had a good product. The management decided that the best way to help convince
    customers to buy our product, in the face of arguments that Cyrano might not
    be around in a couple of years time, was to open source the code. In these
    circumstances, the obvious license to choose is the GPL: it ensures that
    the company benefits from any changes anyone else makes.

    I spent a very long time going through the files, adding the appropriate
    header comments, and removing any comments naming individuals, especially
    individuals who were no longer with the company, before setting up the
    project at SourceForge: http://opensta.sourceforge.net/. There were
    also OpenSTA.com and .org domains set up. The project is still running, and
    I believe that several ex-employees, made redundant after the company went
    tits-up, are now self-employed and using the application.

    At the very least, open-sourcing the project meant that the codebase was not
    lost when the company folded.

  22. Coming this weekend... by Zordak · · Score: 2, Funny
    To quote a popular comic book movie opening this weekend:

    Flame On!

    --

    Today's Sesame Street was brought to you by the number e.
  23. Trolltech's stance is worse by QuantumG · · Score: 3, Interesting

    This is piss funny. Whoever wrote the answer to that FAQ must have gone on to a long career in politics.

    --
    How we know is more important than what we know.
    1. Re:Trolltech's stance is worse by Skuto · · Score: 2, Informative

      TrollTech similarly claims that you cannot, for example, develop something with the noncommercial Qt's and then buy a commercial license later.

      I'm not a lawyer, but both those claims seem utterly unenforcable to me.

    2. Re:Trolltech's stance is worse by hacker · · Score: 2, Interesting
      This is piss funny. Whoever wrote the answer to that FAQ must have gone on to a long career in politics.

      What license is Qt covered by these days? By that FAQ entry, it absolutely cannot be GPL or GPL-compatible, because their terms (as defined by that FAQ entry) directly contradict the spirit and wording of the GPL itself.

      Very interesting...

    3. Re:Trolltech's stance is worse by Scott+Wood · · Score: 2, Interesting

      So then if a program is written to be usable only with Windows, it's a derived work of Windows? And as such, Microsoft has substantial rights to the code if you copy it? Does code written in assembly for x86 require Intel's permission to be copied (or would it, if there were no x86 clones)?

      If you write a server, and I write a client that can talk to it (and there are no other compatible servers), is my client derived from your piece of software? Does it magically cease to be a derived work if someone later writes a compatible server?

    4. Re:Trolltech's stance is worse by Scott+Wood · · Score: 2, Insightful

      Can you cite any court precedent or statute backing up this interpretation of what constitutes a derived work? It seems rather insane to me, especially the part about a work's derivedness changing based on the appearance of unrelated third party software (is it derived if I think such a thing will be written, or if I intend to write it in the future? If you sue me and win before the 3rd party implementation is written, can I sue once it is written for a reclamation of any damages I paid to you, since now it's not derived, and thus it was legal for me to have made and distributed it? If there is a 3rd party implementation, and I write a client that uses the interface in question, and you buy the copyright to all 3rd party implementations, does it magically become derived from all of them? What if you merely form an agreement with all of the copyright holders of the 3rd party implementations to deny me derived work rights? What if there was a BSD-licensed implementation when I wrote my client, but it got lost and the only remaining implementation is yours?), or my web browser being a derived work of your webserver because you changed it to require "GET2" instead of "GET" and I changed my browser to match without retaining the ability to send out the standard "GET" or changing a second server to accept "GET2" (but wait, wouldn't making such a change cause the second server to be derived from the first?).

  24. The salient point . . . . by WhiteWolf666 · · Score: 2, Insightful

    (That has be said many, many times on this article)
    . . . . is of the subset of companies willing to consider opensourcing their software, very, very few would be willing to BSD license their code, as opposed to GPL licensing it.

    At least with the GPL, they 'feel' like no competitor will 'abuse' their property (i.e. take it and not contribute it back).

    That should tell you something about why most companies prefer the BSD license. It have very, *very* little to do with code they themselves are releasing.

    This doesn't mean that John Q. programmer shouldn't ever use the BSD. But think carefully about what it means when someone says most companies prefer the BSD license.

    Microsoft has said they prefer the BSD license. How many BSD licensed Microsoft packages are there?

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  25. Better question yet by ari_j · · Score: 5, Funny

    Which is the best flamefest?

    BSD License vs. GPL
    Linux vs. FreeBSD
    Emacs vs. vi
    C++ vs. Java
    Python vs. Perl
    PHP vs. Ruby on Rails
    Microsoft vs. SCO

    1. Re:Better question yet by Nimrangul · · Score: 3, Interesting
      I think the OpenBSD versus Linux one has been a bit stronger than the FreeBSD alternative recently.

      A big part of that is because of Theo's opening driver work, cause the entire time he's been rubbing it in the noses of Linux developers and communities, cause they refused to help.

      Not to mention the comments in that one interview.

      Those and the whole security thing really put some gas on the fire that is OpenBSD versus Linux.

      I guess this will start up the OpenBSD versus Linux versus FreeBSD versus Linux flamefest then.

      --
      I'm sick of following my dreams - I'm just going to ask them where they're going and hook up with them later.
    2. Re:Better question yet by 44BSD · · Score: 3, Funny

      The worst thing about the GPL is it is from the same folks who brought the world Emacs. The BSD licencse, to its credit, is from the people who brought us vi, a vastly superior editor. :^)

  26. GPL is the worst of both worlds by Skuto · · Score: 4, Insightful

    TROLL

    Because:

    1) It offers *zero* real protection, *especially* for *small developers* with no legal team to back them up.

    2) For people that *are* honest, it causes a hell of a lot of interworking problems.

    These are quite simply the facts, regardless of all the religious beliefs that are continously being flaunted above by misguided GPL zealots.

    END TROLL

    I marked this as a troll because that is how most people will percieve it. Nevertheless it's the truth.

    1. Re:GPL is the worst of both worlds by Linus+Torvaalds · · Score: 2, Insightful

      It may be the truth, but it's still misleading.

      Yes, it's true. The GPL offers no protection. That's because it's copyright that offers the protection. The GPL merely grants exceptions.

      And the BSD license works in exactly the same way.

      Yes, it's true, you need lawyers to enforce your rights when you use the GPL. And the BSD license works in exactly the same way. In fact, every license under the sun works in the same way.

      They may be "quite simply the facts", but that doesn't mean you aren't trolling with a dishonest argument.

  27. Shock news! by nagora · · Score: 3, Funny
    Companies say they like people to work for free.

    "Frankly, we resent the air our programmers use up; how come that's not mentioned in thet Coyote agreement thing we hear about?" said a spokesman.

    In other news, it was found that people like to be given free money and have sex with beautiful people.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  28. Re:What a retarded question. by drsmithy · · Score: 3, Insightful
    The GPL motivates development because DEVELOPERS are enticed by the idea that derivatives of their code will REMAIN open, and that their projects will flourish.

    Unless you subscribe to the loony definition of "derivative code" that RMS does, the GPL encompasses a hell of a lot more than "derivatives of their code".

  29. Both have their places by heikkile · · Score: 2, Informative
    I am lucky enough to work for an OS company. We use different licenses for different products.

    One of our core products is the YAZ toolkit for Z39.50 communications. That is under a BSD-style license, since it is in our interest to increase the use of Z39.50, and with it our potential market. In that we have succeeded well, we guess that about half of world's Z39.50 products are based on our tools, and we have made ourselves a name in the community of Z39.50 users.

    Another core product, the Zebra search engine is licensed under GPL, because we don't mind small businesses and universities playing with it, but we don't want to see it absorbed into a competing product. We also sell commercial licenses for it, should someone want one.

    Of course, we also do some custom work that remains closed source.

    The difference for us is not the amount of patches we receive - that is about equal, and small in any case - but the different licenses serve different purposes.

    --

    In Murphy We Turst

  30. Apples and Oranges by jonadab · · Score: 2, Insightful

    They're not designed for the same purpose. The GPL is designed to exert pressure on other people to behave in a certain way (mainly, to contribute back their changes) and to grant them fewer rights if they do not. The BSD license was designed to allow the code to be used by just about anyone for just about any purpose, so it grants its freedoms a bit more freely.

    If you are implementing something like a networking protocol or file format reference implementation, then your most important goal is widespread adoption, and in that case you need to go with a BSD-style license (or just plain public domain). This allows vendors to roll your implementation into their proprietary products.

    For an end-user application, such as a music player, that concern is less important, and so other considerations become relevant. At that point you ask yourself, "Am I comfortable with allowing FooCorp to incorporate my music player into FooMedia Center and distribute it under a proprietary license?" If you are comfortable with that, you can go with a BSD-style license, but if not, you will want to opt for a more restrictive license, such as the GPL (or LGPL, if you want to allow non-GPLed code to link against yours).

    Ask yourself: if Microsoft or Apple incorporates your code into some portion of their operating system, do you rejoice because it's seeing widespread adoption, or do you get angry because they're stealing your work? In the former case, you want the BSD license, or something very like it; in the latter case, the GPL is more your cup of tea.

    Also for a smaller project you may ask yourself this: if other people contribute patches, and then you go get a new job, do you want to ensure that you have the freedom to roll this code (that is mostly yours but contains others' patches) into one of your new employer's proprietary products? If you want to leave yourself that option, you consider the BSD license; if you would prefer, OTOH, that the code you've worked on *not* be rolled into a future employer's proprietary products, you would probably be happier with the GPL or perhaps LGPL (again, depending on how you feel about linking).

    --
    Cut that out, or I will ship you to Norilsk in a box.
  31. License doesn't matter in most cases by Kevinv · · Score: 2, Insightful

    The vast majority of enterprise level corporations, and smaller companies, don't produce software that is distributed outside of the company. Below enterprise level companies an even larger percentage doesn't distribute software.

    For these companies the license doesn't matter. Both licenses are equally free on the end-user. The licenses differ in what developers have to do if they distribute their works outside of a corporation.

    For a corporation that does distribute software, wanting to build a standard the GPL would seem better to me. Under BSD a competitor can take your work, add to it and distribute it without releasing code -- competitive advantage to the competitor. Under GPL any changes must be available, they can't keep secret their modifications. Level playing field.

  32. Re:Clearly BSD is better by John+Nowak · · Score: 2, Insightful

    Freedom is not being able to do whatever you want. I cannot go and kill someone, but I have no doubt that the society in which you are not allowed to murder is the freer society. There is both "freedom to" and "freedom from". That said, BSD, LGPL, and GPL all have their place. All my work has been BSD so far, but I could see myself using LGPL (or maybe even GPL) in some cases.

  33. Name Your Freedom by Stephen+Samuel · · Score: 2, Insightful
    The GPL and the BSD licenses focus on different types of freedom.

    The BSD licence focuses on freedom for the developer. Do what you want with it -- change it, sell it, close source it.. Whatever. Once you have the source code, (if it's still free) you can do whatever you want with it.

    The GPL focuses on freedom for the source code. Do whatever you want -- change it, use it sell it, whatever -- as long as people continue to have access to the source.

    The problem with the GPL is that some companies may be unwilling to use GPL code in a product if it meant that they have to make their changes publicly available.

    The problem with the BSD license is that, for any company that faces real competition, releasing code changes is potentially a zero-sum game. If your competition takes your BSD code, improves it and closes off the changes, they gain from your work, and you lose.

    In other word, each license has a potential cost for businesses. For GPL, the cost comes when you choose to use it. For BSD, the cost comes when you look at releasing your changes back to the community.

    Given these associated costs, I'm not at all surprised to see that companies like SUN are willing to use BSD code all over their own products, but unwilling to contribute back to the community -- Contribution is where BSD costs a company. Of course, this refusal to contribute back has a cost for companies, as well. It places an intrinsic limit on the vibrancy of the community that created the product that you're so happy to use. The BSD license feeds into the environment of greed, and suffers from the costs of that approach.. The irony is that it depends on a commitment to contribution for the BSD codebase to continue growing.

    This is where I see that companies like IBM prefer the GPL. Using the GPL means that you can contribute back to the community that gave you your product without having to worry about your changes being hijacked by your competition. Any changes that your competition make are required to be returned to you. The GPL enforces a share-alike attitude among it's redistributors and thus allows a company to justify contributing code back into the community. This creates an environment where the code, if it is of any use to the commercial community, it is highly likely to increase in an almost viral pattern anybody who likes it enough to use it tends to contribute to it's growth (either directly or indirectly).

    This, for me, is why I'm willing to contribute to BSD code, but prefer GPL licenses. The BSD license needs a culture of contribution, but the GPL creates a culture of contribution.

    --
    Free Software: Like love, it grows best when given away.
  34. GPL's authorship: give credit where credit is due. by jbn-o · · Score: 2, Insightful

    I understand that some of you may only have heard of the open source movement. I'm grateful that you would consider using the GPL for your projects. However, the GNU General Public License (or GPL) predates the open source movement by many years by the founder of a movement with different goals than the open source movement. Therefore it is not fair or accurate to credit the GPL as an "open source license" merely because the Open Source Initiative (which started the open source movement) placed it on a list of approved licenses.

    The GPL was written by Richard Stallman, most notably. Version 1 of the GPL was released in January 1989, and version 2 (the current version) in 1991. So, two major releases of what has come to be the most important and popular free software license were released well before the Open Source Initiative was founded in February 1998. The OSI has yet to write a license that compares with the popularity or strength of the GPL.

    The GPL speaks repeatedly about software freedom, not "open" anything, and for very good reasons. First, the term "open source" didn't exist when the two revisions of the GPL were written. But even if the OSI existed, the open source movement doesn't want to frame any issue in terms of software freedom because it gets in the way of addressing businesses, their chief audience. Talking about software freedom means talking about something beneficial to users, not addressing more efficient means of connecting cheap programming labor with businesses. Philosophically and historically, the FSF and OSI are not the same, nor are the free software and open source movements. Stallman and Eben Moglen, chief counsel for the FSF, confirm this in every speech they give and virtually every essay they write. The Free Software Foundation has published an essay describing the differences between the two movements and why they see the free software movement as better. To this list of differences I'd add that free software guarantees private derivatives, unlike the open source definition.

    The upcoming GPL (version 3) in this regard because it will be the first version of the GPL where anyone from the OSI may have editorial say in. The final word (and framing of the issues surrounding the GPLv3) still comes down to Stallman and Eben Moglen.

    Thus, with all of this history, I think it is fair to call the GPL a free software license, not an open source license. The GPL existed well before and independantly of anything to do with the open source movement and does not embody the values of the open source movement. I encourage you all to stop misleading people into giving the OSI and the open source movement an undeserved primacy.

  35. Re:GPL is capitalistic ? by smithmc · · Score: 2, Insightful

    Any social system have a form of property, if i think in socialism i also think in colective property, like GNU and GPL software.

    But how is GPL software "collective property"? There's nothing "collective" about the ownership rights involved in the GPL. If I write a piece of software, and license it to Al under the GPL, I still own it; meanwhile, Al owns it *too*. We don't own it "jointly" or "collectively", we *each* own it, and we can *each* do what we want with it.

    --
    Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  36. FUD by temojen · · Score: 3, Insightful
    1. LGPL has different conditions for "works based on the library" and "derived works".

    That's exactly why the LGPL exists.

    2. LGPL states that using material from the header file of LGPL library makes the binaries produced a "derived work" which is more strict than "works based on the library".

    You shouldn't be copying from the headers anyways. You should be #include-ing them.

    3. LGPL states that "works based on the library" may be distributed under your own terms BUT ONLY IF your own terms permit modifications and reverse-engineering by end-users.

    It's really not that big of a deal to make most programs dynamically linked... it's standard industry practice.

    That the user can replace some libraries is actually a good thing... for example, the SDL shipped with Neverwinter Nights does not work with some recent versions of nvidia-glx, but newer versions of SDL do, so I just replaced the SDL in NWN with a symlink to my more recent SDL library. If I couldn't do this, I wouldn't be able to run the program, and I wouldn't have bought the expansion packs.

  37. Re:Flamefest positions by Peaker · · Score: 2, Informative
    I find the indentation level syntax of Python to be vile, probably because I started as a Fortran programmer. There also seem to be a lot of gratuitous colons.

    The whitespace grows on you :-)

    Once you realize how much block-close-character noise it saves you (because you do indent anyway), you love it.

    The colons are openers of nested code. They serve important purposes:
    • It shows that this is a hierarchic construct and that there is code "under" the statement. It can also be unindented, in which case it is also conveying critical information (if x: y = 2).
    • The editor and reader knows that what follows a line that ends with a colon should be indented.

    Also, in a 4 line program, 2 colons doesn't seem like a "lot" to me, and they contribute greatly to readability.

    You cannot undefine primative procedures like car/cdr to mean something else. But there is nothing preventing you from defining my:car and handling any combination of arguments and types you want. This is a lot nicer than C++ where you have to use clunky templates. In Scheme, procedures that smoothly handle multiple types and numbers of arguments are built right in.

    Well, this is a problem. In Python, almost all access to objects is done through methods of the object. When converting the object to a string in order to print it, its __str__ method is called. When trying to evaluate it as True/False for a conditional, its __nonzero__ method is called. When an attribute in the object is looked up, __getiter__ is called. This allows me to "hook" those operations, and manipulate the way the object is accessed.

    This is a very powerful feature, that enabled me to write PyInvoke, for example.

    I can create Proxy objects that redirect almost all operations done with them to a server. With Scheme, I would not be able to implement this, because I couldn't Proxy a list object, as a (car proxy) access would not be interceptable in order to forward to a server.

    This means transparent RPC is possible in Python and not in Scheme.