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GPL v3 Coming Out in 2007?

gentoo1337 writes "Eben Moglen of the FSF speaks out in this ZDNet article, noting that GPL v3 may be publicly drafted in early 2006, and in force one year later. The process is very sensitive (noting concerns of forking in the Linux world), but Eben Moglen is optimistic: 'When it's all over, people are going to say, "All that talking for just that much change?" [...] We will do no harm. If we think (some change) may have any unintended consequences, we will not recommend making it.' Controversies aside, there is some good news -- Richard Stallman aims to 'lower barriers that today prevent the mixing of software covered by the GPL and other licenses.' The earlier Slashdot discussion contains complementary info about the intentions of FSF."

31 of 233 comments (clear)

  1. Analysis Paralysis? by bc90021 · · Score: 3, Insightful

    Am I the only one who thinks it's going to take longer? Given the number of parties/factions involved (FSF, EFF, RedHat, Linus, ESR, etc.), I think it may take longer. I know that not all those people have to have the new GPL "cleared" with them, but I'm sure they'll all want to weigh in on the process, which will likely lengthen it.

    1. Re:Analysis Paralysis? by Wesley+Felter · · Score: 4, Interesting

      Yeah, heaven forbid that the users of the GPL would have any say in how it works.

    2. Re:Analysis Paralysis? by Waffle+Iron · · Score: 4, Informative
      I don't need a licence to use a knife and fork, why a computer program?

      You don't need any license to use a GPL'd program. You only need a license if you want to redistribute it.

      The reason you need the license to redistribute the computer program is because copyright law says you have no right to do so otherwise.

    3. Re:Analysis Paralysis? by znu · · Score: 2, Insightful

      This is such total nonsense. The BSD operating systems get plenty of community contributions. In some cases, BSD-licensed code is more likely to to spur contributions, because it can be used in more scenarios -- companies can use it with no worries about code contamination, for instance, and while they don't have to contribute back to the community, in many cases they will, because it's still in their own best interests.

      If they contribute their changes back to the main trunk, they'll (probably) be able benefit from future versions of the software without having to merge their changes back in with every update. If they keep their changes private, they're effectively forking the software, and most organizations don't have the resources to maintain their own forks of major projects.

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    4. Re:Analysis Paralysis? by Kremmy · · Score: 3, Insightful

      The GPL does not contain any restriction that keeps you from selling a piece of software for a huge profit. It merely makes you give source code access to those who you sell it to.

  2. Version conflicts? by Ossifer · · Score: 4, Interesting

    Being that 99 44/100% of all GPL'd software originally came out under the current GPL, will there be any version conflicts with currently licensed software? I.e. if the newer license is *less* restrictive on some point, can existing software licensing be "upgraded" to the new license without have to obtain the acceptance of every single contributor?

    P.S. This is a real question, not a flamebait or troll...

    1. Re:Version conflicts? by sconeu · · Score: 2, Insightful

      Generally, if you look at license files, they say V2 of GPL *or later*.

      The Linux kernel is a notable exception to this.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Version conflicts? by Ossifer · · Score: 2, Insightful

      So they have an implicit acceptance of whatever might go into to version n years from now?

      Like "permission to use the author's power tools on odd weekends"? ;-)

    3. Re:Version conflicts? by zippthorne · · Score: 2, Interesting

      People should start putting time-limits in their code.. like, this code becomes public domain on such-and-such a date or in addition to the rights granted by the GPL, on {date} the rights of {other less restrictive license} are also granted.

      This is necessary because the period of copyright keeps increasing and more than 90 years is far too long to wait to change a license in the world of software.

      --
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    4. Re:Version conflicts? by majiCk · · Score: 2, Informative

      Well, the recommended wording reads (emphasis mine):

      This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
      As an author you needn't worry about having to pay licensing fees, since the GPL governs redistribution and doesn't take away the author's copyright. Furthermore, you needn't worry about people being forced to pay licensing fees to redistribute your software, since they can always elect not to apply the terms of the new license.

      This issue is covered in the GPL FAQ.

      (ex post facto disclaimer: IANAL)

  3. Re:What's missing from GPL2? by Baricom · · Score: 3, Interesting

    Some people have expressed concern that organizations can take GPL'd code, modify it, and then run a web site with it. The act of running a web site using GPL code isn't considered distribution by the FSF, and the source code modifications therefore can be kept to themselves.

    That's the argument. Personally, I don't know how I feel about it one way or the other.

  4. This is old news by darthgnu · · Score: 4, Interesting

    Sorry for sounding pedantic, but he announced this at the FSF associate members meeting March 26th. I'm surprised nobody came out with this info earlier.

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  5. Clarification by Anonymous Coward · · Score: 4, Informative

    I was in Eben's talk. The following sentence from the summary is a but unclear:

    lower barriers that today prevent the mixing of software covered by the GPL and other licenses.

    What RMS means by this is compatibility with other Free software licenses (such as hopefully the Apache license), rather than compromise with proprietary software.

  6. Re:What's missing from GPL2? by squiggleslash · · Score: 5, Informative
    Patents.

    Right now GPLv2 pays lipservice to patents but doesn't really have strong sanctions against companies who use them to quash free software. The provisions it has are weak and arguably unenforceable if the company distributing GPL'd software suddenly decides to cease.

    Nokia, for example, may be able to get away with deciding to end its distribution of GNU/Linux, then suing anyone who's made a derivative version that violates a patent of their's in a way that versions they shipped didn't. Indeed, it's quite possible that a third party entering new code that infringes upon a Nokia patent, even today, could be stopped by Nokia.

    (If anyone thinks I'm being unfair to Nokia, yes, unless they actually do this, then I am being, but at the same time they put out a very, very, guarded comment a few months ago that quite obviously left these scenarios open.)

    What many people want to see is companies that use patents against free software unable to use a large body of free software from there on. That means a solution to the above issue, but also to, say, discourage suing in general by ensuring that if a company chooses to deny the use of a patented technology to one free software project, it chooses to deny itself the use of any. So if IBM sues to get a technology out of, let's say, Apache, it can't turn around and continue to distribute a (theoretically GPLv3'd) Linux kernel.

    Software patents were not a serious problem when the first two GPLs were drafted, though I believe they existed by the time the second version was created. They are now, and they pose a serious threat to free software.

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  7. Show me the code by Wesley+Felter · · Score: 4, Funny

    Am I the only one who's tired of hearing that GPL v3 is coming real soon now? What's the use in talking about it if there are no drafts to discuss?

    (Obligatory: I wonder if Duke Nukem Forever for the Phantom console will be licensed under GPL v3...)

  8. Re:What the hell is taking so long by rewt66 · · Score: 2, Insightful
    Ever hear of "the law of unintended consequences"?

    They're trying to not mess up all the ways that GPLed code is used. That's not easy, because it's used a lot of different ways. And, they are trying to build a license that will not fail when subjected to the next ten years' worth of (currently) unknown attacks. (Look at how GPL 2 stood up under SCO's attack, and you'll see what I mean.)

    This isn't just "slap together a license, and we'll fix it next week if we don't get it right the first time". Since some some projects don't use the "or any later version" clause, some code will probably be licensed under GPL 3 forever. And seeing from here to forever is hard, even on a clear day...

  9. Reasonable people... by sploxx · · Score: 2, Insightful

    This all sounds very reasonable and careful. Why are the FSF people -esp. RMS- portrayed as being zealots here on /.?
    Of course they have an agenda. They may be (described as) somewhat fundamentalistic. But it seems that they are still arguing in very reasonable ways.

  10. I've said it before... by Nuclear+Elephant · · Score: 5, Interesting

    All I want is the ability to declare public and private interfaces for GPL products, where public interfaces can be used with any type of license and private interfaces are off-limits unless you're a GPL project.

  11. Re:What's missing from GPL2? by Dogtanian · · Score: 2, Insightful

    I'd sure love to hear ESR's input as to what goes into GPL3

    "By redistributing this software, you accept that any violation of the terms of this license may result in you being pursued and shot by a rabid gun fiend with large number of firearms."

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  12. ESR? Heh. by QuantumG · · Score: 2, Funny
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  13. Re:What's missing from GPL2? by natrius · · Score: 3, Insightful

    Some people have expressed concern that organizations can take GPL'd code, modify it, and then run a web site with it. The act of running a web site using GPL code isn't considered distribution by the FSF, and the source code modifications therefore can be kept to themselves.

    Running a web site isn't considered distribution by copyright either, and that's what really matters here. The GPL doesn't go into effect until you try to make a copy of the software, and even when it's in effect, you only have to distribute the source code to the people you distribute binaries to. If you only distribute it internally, then it really doesn't make a difference. Technically, a new version of the GPL could say that you have to give a copy of the code to the FSF if you want to distribute binaries at all, even within your own organization, but I don't think many people would actually want to use that license.

    Personally, I think that making internal changes and not sharing them with the world is against the spirit of the GPL. People gave their work to you for free, and you don't want to give your changes back as payback? That's pretty lame. However, I don't think there's any practical way for a new version of the GPL to prevent it. Smart people try to get their changes accepted upsteam anyway so they don't have to maintain patches and make sure they apply and don't introduce new bugs. It's just less work.

  14. Re:What's missing from GPL2? by Brandybuck · · Score: 3, Informative

    Personally, I think that making internal changes and not sharing them with the world is against the spirit of the GPL.

    Why do you think that? Do you think the same of companies that use GPL software *internally*? You've said yourself that this is okay, and in addition, RMS has gone out of his way to reject licenses that demand this. But what's the difference?

    Applying the restrictions only within the legal domain of copyright **IS** the spirit of the GPL! To subsequently extend it beyond the domain of copyright to encompass the execution of software on servers is what is against the spirit of the GPL.

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  15. Uh, why can't you have that now? by mcc · · Score: 4, Informative

    All you have to do is distribute your program under the GPL, and provide a file saying "you are granted the rights to redistribute under the GPL, however you also are granted the right to link against this program and redistribute freely so long as you do so only via the interfaces declared in public_interface.h."

    It is as simple as that. The Linux Kernel, as it happens, does almost exactly this.

    Another option is that you could put some parts of your program (the "private" parts) under the GPL and other parts (the "public" parts) under the LGPL. I have seen programs that did exactly this.

    The GPL does not restrict rights. It only grants them. As the copyright holder, you are of course free to grant as many other rights as you want in addition to the GPL rights. Of course, you can't speak for any other copyright holders that may have provided material in the program...

    1. Re:Uh, why can't you have that now? by mcc · · Score: 4, Informative

      Sure you can.

      If there's GPL and LGPL code mixed in a program, then the program as a whole is licensed under the GPL.

      However, the LGPLed parts are still just as LGPLed as they were before. The LGPL parts may then be detached and used in anything else you like. An example of this in action would be the KDE web browser Konqueror. Konqueror is under the GPL. However, portions of it (specifically the KHTML web rendering component) are licensed under the LGPL. You can't take Konqueror (or anything built using any of the GPL-licensed files in Konqueror) and distribute it without obeying the GPL. However, you can take KHTML-- which is an extremely useful piece of software-- build a new web browser around it, and resell it completely free of GPL obligations. Several commercial groups, such as Apple Computer, have done exactly this.

      This obviously only works under some circumstances (for example, when the LGPLed component is something which can be detached and still be useful), but under some circumstances this is exactly what you want. I considered it worthy of mention because the toplevel post seemed to me to be very vague about exactly what it was he wanted.

  16. licence free software by ZhuLien · · Score: 2, Interesting

    I actually agree with a fair amount of this regarding licence-free software http://en.wikipedia.org/wiki/License-free_software

  17. I'm waiting for GPL Episode IV: A Gnu Hope. by Anonymous Coward · · Score: 2, Funny

    The subject says it all.

  18. Fonts by proxima · · Score: 3, Interesting

    With luck, the GPL v3 will clear up the issue of fonts. The issue has been discussed on Slashdot before.Namely, that if I use a GPL font in a document, and subsequently embed that font through a document format (OO's sxw or OpenDocument, pdf, ps, etc), it's unclear as to whether I have the legal ability to do so without declaring the document itself GPL (which isn't really a document license). People sometimes (apparently mistakenly, but IANAL) say that it would force your document to be GPLed, but that's really not the case. You can't be automatically forced to license your work as anything, but you can be guilty of copyright infringement. The issue does also apparently not extend to printed documents and such, since the font itself cannot be copyrighted, only the code (postscript, etc) that generates the font can be.

    It's unfortunate that such vagueness persists with the GPL, but it seems to be a trend with copyright issues in general (fair use being the most visible).

    --
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    1. Re:Fonts by multipartmixed · · Score: 2, Insightful

      That font argument is entertaining.

      What I use GNU bc to calculate some numbers, which I then embed in a proprietary application.

      Is my application now "tainted"?

      --

      Do daemons dream of electric sleep()?
  19. Re:What's missing from GPL2? by Mr2001 · · Score: 2, Insightful

    Free software [development] does not appear to have any viable method of recouping development costs (particularly initial development costs).

    Sure it does: if you want a particular feature developed, hire some programmers to write the necessary code. You just have to realize programmers are providing a service, rather than manufacturing a good.

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  20. Re:What's missing from GPL2? by quantaman · · Score: 2, Interesting

    Some people have expressed concern that organizations can take GPL'd code, modify it, and then run a web site with it. The act of running a web site using GPL code isn't considered distribution by the FSF, and the source code modifications therefore can be kept to themselves.

    To state the concern more clearly say EvilCompany takes gcc, does some crazy optimizations, and starts running it on their server never releasing the code, call it pgcc (propietary gcc). Then they sell a small app ttpgcc (talking to propietary gcc) which communicates over the internet to pgcc. ttpgcc sends the code and whatever args to pgcc, which then compiles it and sends back the binary (assuming mad bandwidth and stuff). The user never recieves a copy of pgcc, thus they have no rights to the code under the gpl, however through ttpgcc EvilCompany is now selling an app which is effect a forked version of gcc.

    I don't know how to disallow this scenario yet allow a webserver in a license but this certainly presents a problem.

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