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RMS Previews GPL3 Terms

An anonymous reader writes "In a recent interview, ESR shocked a lot of people when he said, 'We don't need the GPL anymore.' Federico Biancuzzi contacted RMS, founder of the Free Software Movement and initial developer of the GNU system, to talk about the past, the present, and the future of the GNU GPL. Among other things, they discussed the new clauses of the upcoming GPL version 3."

312 comments

  1. Recognizing the need for the GPL... by goldspider · · Score: 2, Insightful

    ...acknoledges the need for copyrights and/or IP laws. RMS is finally being consistent.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:Recognizing the need for the GPL... by bersl2 · · Score: 4, Insightful

      Try again.

      Q: If the author of GPL says "copyright infringement is not necessarily wrong," some people could take code covered by GPL and claim that violating GPL terms is "not necessarily wrong."

      A: I've addressed that point in the statement that inspired your question.

      The GPL gets its legal force from copyright law, but that is not a source of moral authority, so none can come from there. Why then is it wrong to violate the GPL? Because that tramples other people's freedom or puts it at risk.

    2. Re:Recognizing the need for the GPL... by petermgreen · · Score: 1, Insightful

      iirc the fsf has said that they consider the GPL to be using copyright against itself and they would be fine with copyright dissapearing altogether.

      ofc copyright is here to stay whether we like it or not so its all a bit irrelevent really.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    3. Re:Recognizing the need for the GPL... by Overly+Critical+Guy · · Score: 0, Flamebait

      Of course. Copyright is only bad when it comes to getting free stuff on P2P without paying for it. The freedom of copyright holders only gets trampled on when it's GPL software getting ripped off, not anything else. Legal action is absolutely called for only when it's GPL code getting "stolen," but protecting anything else is evil and "greedy."

      Didn't you know?

      --
      "Sufferin' succotash."
    4. Re:Recognizing the need for the GPL... by rolfwind · · Score: 2, Interesting

      No, it's playing the game and it recognizes the need that you're not in an ideal world and have to protect yourself from those who don't believe in a free exchange of ideas but in software patents, etcetera.

      Put it this way - Linus will not go out and start suing people for infringing his software patents (please don't bring up the trademark issue which was a different matter entirely) - but if someone ever decides to attack the Linux - Linus can hold up his patent portfolio and say "Buddy, are you are sure you wanna do this? Your company has nothing that infringes on mine?"

      Reminds me of Mutual Assured Destruction^_^

      I wonder if RMS has something similiar to Linus in this regards (of a patent portfolio), but the GPL is similiar and a smart strategy. GPL software has to protect itself.

    5. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 0

      Boy, you're a whackjob. Well, either that or seriously misinformed. I haven't seen too many legitimate arguments against those copyright holders (evil, greedy, or otherwise) that are content to enforce their rights under the law. Implicit in that statement, of course, is that those self-same rightsholders exhibit a. respect for the law and b. respect for their customers. The problem is that the large rightsholders (the MPAA and the RIAA are the usual suspects, with a growing list of equally abusive organizations lining up behind them) have evinced little respect for the law (having purchased numerous additional laws and extensions designed to give them more power than they have ever had in the history of this country) and not the slightest respect for their customers. Look, dipstick ... it goes both ways. If they want to us to respect their rights (the rights they had for nearly two hundred years) then they, in turn, should respect ours. And the repeated assaults on fair use, the conscription of Federal authority to enforce the rights (pah!) of private corporations, the widespread abuse of the court system to threaten and intimidate private citizens in order to encourage "compliant" behavior ... all these have shown, more clearly than any number of words, that these people are evil, are insanely greedy, and in reality are little more than corporate gangsters. Worse yet, the DMCA and other outrageous examples of corporate influence and malfeasance-in-office have had negative effects that go way beyond the entertainment-producing crowd. Furthermore, the people promoting all this enhanced copyright crap have a very distorted view of the Constitutionally-mandated balance between their rights ... and ours. That balance needs to be restored before there can be any reasonable discussion of rights.

    6. Re:Recognizing the need for the GPL... by black+mariah · · Score: 1

      Flamebait my ass... it's the truth. Look around here. You see the same people bitching about GPL violations in one thread while defending the illegal distribution of copyrighted material on another thread as "fair use". It's hypocritical bullshit.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    7. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 0

      That's a bullshit answer. The moral authority for the Gnu license is derived from precisely the same source that provides the moral authority for copyright law: the inherent property rights of creators. It's the same thing, precisely.

    8. Re:Recognizing the need for the GPL... by harlows_monkeys · · Score: 3, Insightful
      iirc the fsf has said that they consider the GPL to be using copyright against itself and they would be fine with copyright dissapearing altogether

      I find this hard to believe. Can you find a cite?

      The reason I find it hard to believe is that without copyright, everyone would be free to release binary-only versions of any GPL code.

    9. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 0

      That's weak. He might as well have said "Why is it wrong to violate the GPL? By the hair on my chinny-chin-chin. That's why."

    10. Re:Recognizing the need for the GPL... by ComputerSlicer23 · · Score: 1
      It also means that if anyone gives you the code, you are free to give it to anyone else. Remember, Stallman's original problem that instigated the FSF movement was that he had to sign an NDA to get the source code to a printer driver so he could fix it.

      If they hadn't required an NDA, he would have happily fixed the problem, given the fix to anyone who asked, and moved on with his life. However, the NDA and copyright prevented him from doing so.

      In the GNU Manifesto, RMS states:

      The case of programs today is very different from that of books a hundred years ago. The fact that the easiest way to copy a program is from one neighbor to another, the fact that a program has both source code and object code which are distinct, and the fact that a program is used rather than read and enjoyed, combine to create a situation in which a person who enforces a copyright is harming society as a whole both materially and spiritually; in which a person should not do so regardless of whether the law enables him to.

      It's reasonably clear that RMS things Copyright is harmful, and in his world, harmful things shouldn't exist. I remember reading FSF documents that end up saying that if copyright went away, the world would be a better place. However, I can't find a better cite then that in the 60 seconds I tried. Read RMS's early writtings, it's there. However, he might have changed his mind over the years.

      Kirby

    11. Re:Recognizing the need for the GPL... by bentcd · · Score: 2, Informative

      Violating the GPL is wrong because it attacks the freedom of other people, which is immoral. Pirating music is illegal, but for no good reason, so is not immoral. Therefore, the former gets bashed while the latter is ignored or even encouraged. This is hypocritical only if you subscribe to the world view that "illegal is always wrong and legal is always right", but I expect that many of the posters you refer to do not.

      --
      sigs are hazardous to your health
    12. Re:Recognizing the need for the GPL... by monkeydo · · Score: 0, Troll

      That doesn't make any sense. The GPL itself limits my freedom. I am not free to modify and redistribute a GPL'd program without distributing the source as well. So, if we follow the logic that it's wrong to violate the GPL because it "tramples other people's freedom", then it is an equally good argument that it isn't wrong to violate the GPL.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    13. Re:Recognizing the need for the GPL... by monkeydo · · Score: 2, Informative

      If they hadn't required an NDA, he would have happily fixed the problem, given the fix to anyone who asked, and moved on with his life. However, the NDA and copyright prevented him from doing so.

      Except that an NDA has nothing to do with copyright, it's a private contract. Even if they hadn't required an NDA, he still couldn't redistribute his derivative work without permission of the copyright holder. And if there were no such thing as copyright they would have been more, not less, likely to require an NDA.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    14. Re:Recognizing the need for the GPL... by anthony_dipierro · · Score: 1

      The moral authority for the Gnu license is derived from precisely the same source that provides the moral authority for copyright law: the inherent property rights of creators.

      Absolutely not. I'm sure RMS would say that it's immoral to distribute binaries without distributing source regardless of whether or not you are the creator of that software.

    15. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 1, Insightful

      The moral authority for the Gnu license is derived from precisely the same source that provides the moral authority for copyright law: the inherent property rights of creators. It's the same thing, precisely.

      RMS and most other people today subscribe to the school of thought that copyright is a limited, government granted privilege rather than an absolute, inherent moral right. (Think about the ramifications of the latter if it were applied literally throughout society.. you'd hardly be able to do anything in the intellectual realm without asking somebody's permission first) RMS views copyright and GPL as legal authority rather than inherent moral authority. As such they should be respected, but unlike true morals, there is a degree of relativity and varied interpretation. He views them as a means to an end of protecting what he believes are the more fundamental moral rights of users and developers -- which can be boiled down to "creative freedom and the use your physical private property in the manner you see fit." As such, I don't think his statements are necessarily contradictory. Whether we entirely agree with him on philosophies or their implementation another matter.

    16. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 0

      That doesn't make any sense.

      Yes it does.

      The GPL itself limits my freedom. I am not free to modify and redistribute a GPL'd program without distributing the source as well.

      Yes - it limits your freedom to trample on other people's freedom. Just as believers in tolerance must accept that intolerance itself is intolerable, believers in freedom must accept that you must restrict people's freedom to restrict freedoms. You can present these truths as paradoxes if you try hard enough, but if you wish to do so without appearing a troll, it would be wise to present an alternative viewpoint that you think does make sense.

      So, if we follow the logic that it's wrong to violate the GPL because it "tramples other people's freedom", then it is an equally good argument that it isn't wrong to violate the GPL.

      *sigh*

      Okay, so you really are just a troll. Move along, everyone, just another troll (well done for not mentioning how much you love the BSD license), nothing to see here.

    17. Re:Recognizing the need for the GPL... by black+mariah · · Score: 0

      THE GPL USES COPYRIGHT LAW TO WORK PROPERLY. If you ignore copyright law, you have no business complaining about GPL violations. If you can violate one person's copyright, you have no place to complain when someone else violates yours. It has nothing to do with what's right and wrong, legal or illegal, and has everything to do with avoiding hypocrisy.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    18. Re:Recognizing the need for the GPL... by anthony_dipierro · · Score: 1

      Here's another quote which is a bit more clear IMO.

      Copyright infringement is not necessarily wrong, but distributing software without respecting the freedom of the users is necessarily wrong. If we ever need to sue to enforce the GPL, the ethical justification won't be "you disobeyed us" but rather "you are trampling other people's freedom, and we are here to defend it."
    19. Re:Recognizing the need for the GPL... by FrangoAssado · · Score: 1
      (...) The GPL itself limits my freedom. I am not free to modify and redistribute a GPL'd program without distributing the source as well. (...)

      The GPL only limits your freedom to do something that is morally wrong (according to RMS's thinking). In his views, your objection is equivalent to: "Criminal law limits my freedom. I am not free to kill anyone I want."

      Your freedom must not be absolute, because that would limit the freedom of others. What RMS wants is a way protect the freedom that every person should morally have, not the freedom to do anything you want.

    20. Re:Recognizing the need for the GPL... by ComputerSlicer23 · · Score: 1
      True about the NDA, but that's what made him realize that they weren't going to give him permission. It was a different day and age back then. Especially in academia. Copyright was pretty much summarily ignored, especially with respect to source code. It was fairly common to send your fixes to someone elses code without a second thought. An NDA makes it clear that won't be happening.

      Plus, he probably could have distributed his fixes, as he'd own the copyright to the fixes, as long as the person receiving it owned the original work. I believe that's the premise under which AT&T UNIX was distributed, and then had third party fixes given out. Maybe AT&T had a special license that said you could distributed derviate works to anyone who had a license from them for the original. However, I thought that was a fundamental part of copyright. Could be wrong, it's not an area I know a great deal about.

      Kirby

    21. Re:Recognizing the need for the GPL... by monkeydo · · Score: 1

      Your freedom must not be absolute, because that would limit the freedom of others. What RMS wants is a way protect the freedom that every person should morally have, not the freedom to do anything you want.

      You're absolutely right that freedom can't be absolute. And saying RMS wants to protect moral freedoms seems circular, given RMS's moral foundation is that what increases freedom is moral, and what decreases freedom is immoral. Being a self-centered hypocrite doesn't make RMS a bad person, it just makes him human. I know that according to the /. groupthink saying so makes me a troll, but I couldn't care less.

      The F/OSS "movement" isn't about a coherenet moral philosphy, no matter how much anyone would like it to be. It's about sharing code, no more, no less. Make it a metaphor for life if you want, but code isn't life.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    22. Re:Recognizing the need for the GPL... by mrchaotica · · Score: 1

      Without copyright, any "proprietary" code that managed to find its way into the hands of the public would be Free. Leaked Windows source? Free! Half-Life 2 engine? Free! And even if somebody did release binary-only software using GPL code, it wouldn't matter. Why? Because once they sold the first copy, that person would have the right to give it away to anyone and everyone else.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    23. Re:Recognizing the need for the GPL... by Overly+Critical+Guy · · Score: 1

      Boy, you're a whackjob. Well, either that or seriously misinformed.

      Ah, the Slashdot mindset. Attack the person personally because you have a weak counterargument.

      Your bizarre rantings about "respect" don't mean squat. Just because you think they don't respect customers doesn't suddenly mean artists don't have rights to their music. You don't like things like the DMCA and use that as an excuse, which is just the same as me accusing the GPL of being a viral hindrance to progress and ripping off GPL code. Copyright law is portrayed as a bad thing in piracy articles and a good thing in GPL articles. It's hypocritical. Accept it and move on, please.

      Next.

      --
      "Sufferin' succotash."
    24. Re:Recognizing the need for the GPL... by drsmithy · · Score: 1
      Just because you think they don't respect customers doesn't suddenly mean artists don't have rights to their music.

      They don't (well, not yet). They have legal _privileges_ bestowed in an effort to circumvent the inherent nature of "intellectual property", making it conform to the only system we have for giving things value - scarcity.

      An artists "right" to control their work ends at my 5 senses. After that, it's just legal semantics.

      Copyright - despite it's name - is not a "right", it's a legal construct. One that was invented back in the days when the creation, reproduction and distribution of even trivial works of "intellectual property" was a tedious, time-consuming and expensive task. It's an anachronism in today's world of quick, easy and cheap production, reproduction and distribution. To say nothing of the ability to easily reach vast audiences that simply wasn't even conceivable when copyright was first created and welfare removing most of the pressure for simple survival. Copyright terms should be getting _shorter_, not longer, to reflect how much easier it is to create and distribute "intellectual property".

      There's a slim chance some sanity might come to the copyright debate once all parties acknowledge it's nothing more than an economics issue, rather than some form of enlightened altruism. Copyright exists to impose scarcity on something that otherwise has none, thus giving it value - not to better society as a whole or engender "human rights".

    25. Re:Recognizing the need for the GPL... by Overly+Critical+Guy · · Score: 1

      They don't (well, not yet). They have legal _privileges_ bestowed in an effort to circumvent the inherent nature of "intellectual property", making it conform to the only system we have for giving things value - scarcity.

      How is wanting to get paid for something you put out on sale "circumventing the inherent nature of intellectual property?"

      An artists "right" to control their work ends at my 5 senses. After that, it's just legal semantics.

      I love that you put right in quotation marks. Apparently, a creator has no rights whatsoever over their works. You're 100% wrong that an artists' rights end after you hear something.

      Copyright - despite it's name - is not a "right", it's a legal construct. One that was invented back in the days when the creation, reproduction and distribution of even trivial works of "intellectual property" was a tedious, time-consuming and expensive task.

      Thanks for the info. I'll be sure to violate the copyright of the GPL the next chance I get.

      Copyright exists to impose scarcity on something that otherwise has none, thus giving it value - not to better society as a whole or engender "human rights".

      No, copyright exists to protect the ability for people to sell something and get paid for it and prevent getting ripped off by people who go out of their way to freeload and justify it, making illegal copies with the SOLE purpose of making sure the artist doesn't get paid for it.

      Hey, at least you're honest about it--you're out to screw the artist and make sure they have no incentive to release their music whatsoever.

      Cheers.

      --
      "Sufferin' succotash."
    26. Re:Recognizing the need for the GPL... by drsmithy · · Score: 1
      How is wanting to get paid for something you put out on sale "circumventing the inherent nature of intellectual property?"

      It's not. Inventing a bunch of arbitrary rules as to what can and can't be copied, under certain circumstances, using certain methods for certain goals, is the attempt to circumvent the inherent nature of "intellectual property".

      "Intellectual property" is not the same as physical property. The two are fundamentally different. Yet the whole point of copyright is to try and make "intellectual property" the same as physical property, so the same economics principles can be applied to it. This worked back in the day when the conceptual schism between the two was practically invisible (since, typically, "intellectual property" was tied to physical property of some sort - books, tapes, records, etc). Now that it's trivial for *anyone* to quickly, easily and transparently capture and reproduce information, the fundamental difference between physical property and "intellectual property" - and the futility of trying to apply ideas and laws governing the former to the latter - is obvious. Nowhere is this plainer to see than the music industry, where the business model built on the assumption the producing, reproducing and distributing music is expensive and difficult has been obseleted by technology that makes music production (relatively) cheap and easy, and global distribution trivial and fast.

      The product of artists' endeavours are more like a service than a physical good. Copyright is broken because it ignores this and tries to make out artists' products *are* physical goods. Copyright is unfair because it doesn't carry the emulation of physical goods through to conclusion, instead stacking the deck grossly in favour of "intellectual property" producers by only enforcing the "physical property" aspect of the equation on consumers.

      The problem with copyright is that it's not about "wanting to get paid for something", it's about "wanting to get paid for the same thing over and over and over and over again, but only put the effort to produce it in once". I have no problem with paying artists for their work. I have big problems with arbitrary laws that try to control the inherent attributes of information, just so broken business models can be sustained and "intellectual property producers" can make money without working.

      Artists wouldn't like it if copyright went away ? Of course they fucking wouldn't - it would mean they'd have to go out and work every day like real people do, rather than riding the "make it once, sell it until my great-great-granchildren are dead" gravy train.

      I love that you put right in quotation marks. Apparently, a creator has no rights whatsoever over their works.

      They have the "right" to distribute their work to whomever they choose. The don't have any "right" to restrict what those people go on to do with the information they have been given, anymore than the carpenter I buy a desk chair from has the "right" to tell me what I can and can't do with it.

      You're 100% wrong that an artists' rights end after you hear something.

      Legally speaking, yes. Practically and morally speaking, no.

      This issue will *really* come to the forefront once science and technology have advanced sufficiently such that it's possible to "record" and then "replay" arbitrary sensory inputs and memories, or technology like Star Trek's replicators become feasible.

      Thanks for the info. I'll be sure to violate the copyright of the GPL the next chance I get.

      Go for it. I have little more than disdain for the GPL and I think copyright is an obselete, broken concept.

      No, copyright exists to protect the ability for people to sell something and get paid for it [...]

      By using legal constructs to impose artificial scarcity on it because, fundamentally, scarcity - or the appearance of scarcity - is the only system we have for assigning value.

      [...] and prevent getting

    27. Re:Recognizing the need for the GPL... by Louis+Guerin · · Score: 1

      The GPL doesn't protect your freedom. It's a mechanism by which the original author protects the Software's freedom from people who would try to prevent the software, or derivatives of it, from remaining free. You, as a downstream user, have a choice: accept the license, or don't. You have no rights if you don't. YOUR freedom is not an issue.

      L

    28. Re:Recognizing the need for the GPL... by Overly+Critical+Guy · · Score: 1

      Inventing a bunch of arbitrary rules as to what can and can't be copied, under certain circumstances, using certain methods for certain goals, is the attempt to circumvent the inherent nature of "intellectual property".

      Calling everything you disagree with "arbitrary" doesn't validate your position. It's not arbitrary, and it's not circumvention.

      "Intellectual property" is not the same as physical property. The two are fundamentally different.

      Precisely.

      Yet the whole point of copyright is to try and make "intellectual property" the same as physical property, so the same economics principles can be applied to it.

      That is correct.

      This worked back in the day when the conceptual schism between the two was practically invisible (since, typically, "intellectual property" was tied to physical property of some sort - books, tapes, records, etc). Now that it's trivial for *anyone* to quickly, easily and transparently capture and reproduce information, the fundamental difference between physical property and "intellectual property" - and the futility of trying to apply ideas and laws governing the former to the latter - is obvious.

      Your fundamental argument is that because the ability exists to do something, it should be legal to do it. This insane position doesn't even merit a response.

      Nowhere is this plainer to see than the music industry, where the business model built on the assumption the producing, reproducing and distributing music is expensive and difficult has been obseleted by technology that makes music production (relatively) cheap and easy, and global distribution trivial and fast.

      Which is why we have massive legal alternatives like iTunes which are currently competing with and surpassing piracy. So it seems your arguments about the "obsolete business model" (Slashdot's favorite phrase) are already invalid, having been addressed years ago.

      The product of artists' endeavours are more like a service than a physical good.

      Funny, your own argument supports the idea of licenses. You're wrong, of course--CDs are physical goods--but nonetheless, it's amusing you don't even realize it.

      Copyright is broken because it ignores this and tries to make out artists' products *are* physical goods. Copyright is unfair because it doesn't carry the emulation of physical goods through to conclusion, instead stacking the deck grossly in favour of "intellectual property" producers by only enforcing the "physical property" aspect of the equation on consumers.

      You don't really think copyright is unfair. You just don't like it because it makes you pay for stuff, and you would prefer getting stuff without paying for it. Nothing more.

      The problem with copyright is that it's not about "wanting to get paid for something", it's about "wanting to get paid for the same thing over and over and over and over again, but only put the effort to produce it in once".

      No, it's about wanting to get paid for something. Nobody is forcing you to pay over and over for something, and frankly, I don't even know what you're referring to. But, hey, pirates love the "victim" mentality to justify everything.

      I have no problem with paying artists for their work. I have big problems with arbitrary laws that try to control the inherent attributes of information, just so broken business models can be sustained and "intellectual property producers" can make money without working.

      Ah, let's call it "arbitrary" again because we disagree with it. Hey, your position is arbitrary!

      Artists wouldn't like it if copyright went away ? Of course they fucking wouldn't - it would mean they'd have to go out and work every day like real people do, rather than riding the "make it once, sell it until my great-great-granchildren are dead" gravy train.

      Ah, and so the anti-artist mentality arises. At least you admit you're against the artists. Artists wouldn't want copyright to

      --
      "Sufferin' succotash."
    29. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 0
      Indeed, because it was only with the invention of copyright that artists actually started creating music in the first place. Prior to ~300 years ago, music didn't exist.


      as usual, pirates distract the issue with unrelated things. prior to ~300 years ago, nobody sold their music on CDs or records, dummy

      young people love to attach themselves to some sort of movement, to make themselves feel important and have direction. the "I'm out to end copyright" statement was hilarious

      you'll grow up, hit 30, have kids and a mortgage, and forget you said any of this
    30. Re:Recognizing the need for the GPL... by drsmithy · · Score: 1
      Calling everything you disagree with "arbitrary" doesn't validate your position.

      Neither does calling everyone you disagree with a "freeloader".

      It's not arbitrary, [...]

      Copyright laws most certainly are arbitrary. They are inconsistent, have no basis in the physical world and continue to expand their sphere of influence - and duration - for no justifiable reason.

      [...] and it's not circumvention.

      What else would you call coming up with a bunch of arbitrary rules primarily to control the inherent aspects of a something, for the express purpose of trying to make it behave like some other fundamentally different thing ?

      Your fundamental argument is that because the ability exists to do something, it should be legal to do it. This insane position doesn't even merit a response.

      Keep attacking that straw man. They love punishment.

      Which is why we have massive legal alternatives like iTunes which are currently competing with and surpassing piracy.

      I doubt that. Record companies are already trying to jack the prices up and line their pockets further.

      So it seems your arguments about the "obsolete business model" (Slashdot's favorite phrase) are already invalid, having been addressed years ago.

      Addressed by what ? iTunes ? iTunes wouldn't even be selling within an order of magnitude the number of songs that are distributed in a copyright-infringing fashion - and that's just the ways that infringe copyright /today/.

      Funny, your own argument supports the idea of licenses.

      And...?

      You're wrong, of course--CDs are physical goods--but nonetheless, it's amusing you don't even realize it.

      Given that - by your own admission - you have no idea what I'm talking about, it's a bit weird you feel you have the authority to say I'm wrong.

      "CDs" are not the end product of an artist's labour, the music is. Funny how someone using iTunes as an example doesn't understand the difference between "intellectual property" (music) and physical property (a CD).

      You don't really think copyright is unfair.

      Yes, yes I do.

      You just don't like it because it makes you pay for stuff, and you would prefer getting stuff without paying for it. Nothing more.

      In case you haven't noticed, copyright doesn't stop people "getting stuff" without paying for it. And that's before even starting on "getting stuff" in a copyright-infringing manner.

      Hey, I bet you think copyright infringment is the same thing as theft, don't you ?

      No, it's about wanting to get paid for something.

      Over and over and over and over again. Not once. Many times. For the same labour. I can certainly see the attraction - I'd love to work for a week and still be being paid for it 90 years after I die - but it's hardly "fair".

      Nobody is forcing you to pay over and over for something, and frankly, I don't even know what you're referring to.

      Here, I'll paint a picture. Just imagine a big mallet hitting you over the head and it might sink in.

      When an artist produces a piece of work, copyright law allows them to sell copies of that work, and/or certain legal privileges to use that work in ways regular people cannot. They are able to do this multiple times for the same work, because they always retain "rights" to the "original work". Or, in other words, they are able to "sell" their piece of "intellectual property" multiple times.

      This is not at all like physical property, where selling physical property can only be done once, as the seller no longer has the item once it has been sold.

      But, hey, pirates love the "victim" mentality to justify everything.

      Unfortunately, "artists" are usually just as much victims of copyright as consumers are.

      Ah, let's call it "arbitrary" again because we disagree with it. Hey, your position is arbitrary!

      I suggest you consul

    31. Re:Recognizing the need for the GPL... by Minna+Kirai · · Score: 1

      Without copyright, any "proprietary" code that managed to find its way into the hands of the public would be Free.

      Without government-declared copyright, publishing companies would join together to create a private form of copyright even worse than what we have already. You'd need to sign a contract and get a card before purchasing any book/music/software, and that agreement would subject you to harsh penalities if you copy a work, or redistribute an authorized copy to someone without a card. People who refuse to sign won't be allowed to buy copyrighted materials. Most of the features of existing copyright will be there, except for due process and (hypothetical) expiration.

      That's a similar thing to what would happen if a nation decided to legalize murder: private corporations would sell murder-insurance, including a promise to punish your killer by murdering him in turn. All the features of a normal court system could be duplicated, but it'd be worse than the existing method, because the system is no longer even theoretically trying to serve the public good.

    32. Re:Recognizing the need for the GPL... by Anonymous Coward · · Score: 0

      In Soviet Russia, the GPL doesn't need ESR anymore. Sometimes I wish that guy would shutup and go away. Freaking freeloader, get a real job.

    33. Re:Recognizing the need for the GPL... by mrchaotica · · Score: 1

      But in response, organized gangs of copiers would find wasy to acquire the materials, and would distribute them to everyone else. If you never sign, there's nothing they can do to you.

      Surely, given the number of pre-release movies and leaked source code floating around the P2P networks, you realize there's no way for them to stop this short of 1984-esque totalitarianism.

      No, the more likely result of abolishing copyright would be the collapse of the big media companies, leaving us with much less high-budget movies, music, and video games. This, in turn, would cause a revival in folk art and patronage, as well as live performances (since, as with unsigned bands today, that's the only way for performers to make their living). It would certainly upset all the people addicted to their soap operas or sitcoms, but I'm not convinced it would be a bad thing!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    34. Re:Recognizing the need for the GPL... by Minna+Kirai · · Score: 1

      If you never sign, there's nothing they can do to you.

      If you don't sign, they don't have to do anything to you. You already can't buy a newspaper, visit an updated library, go to a movie, or buy a TV or computer. To them, you're already good as dead. (Vendors of hardware used to view new content will be be induced by the content-authoring industries to both check for consumer compliance before selling, and also embed the rules of the contract in DRM chips. And prohibiting reverse-engineering of DRM will be another term of that contract)

      If you never sign, there's nothing they can do to you.

      They can blacklist you, and have as a term of the contract that members will not engage in business with someone thus blacklisted. Or, one could imagine numerous other punishments meted out by the contractees against one who flaunts their rules.

      1984-esque totalitarianism.

      Yes, that is indeed what might happen. Although it would be an odd kind of voluntary-membership totalitarianism, one that a person uninterested in professionally-produced content can opt to disregard.

      No, the more likely result of abolishing copyright

      Please note that the result I predicted is based on the unavoidable realities described by Professor Larry Lessig in his book "Code and other laws of Cyberspace". Profit finds a way.

      It would certainly upset all the people addicted to their soap operas or sitcoms

      Yes, and since those people are so much more numerous and influential than folk-art lovers, their support for upholding the status quo is what would create that non-government-supported copyright regime in the first place.

      (Of course, this is all impossible hypotheticals- the existence of those masses of happy RIAA/MPAA customers is the reason the legislature would never, ever abolish copyright anyway)

    35. Re:Recognizing the need for the GPL... by mrchaotica · · Score: 1

      I think you overestimate the power of the *AA, and underestimate the power of the Internet, the masses, and cheap foreign manufacturing.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    36. Re:Recognizing the need for the GPL... by FrangoAssado · · Score: 1

      And saying RMS wants to protect moral freedoms seems circular, given RMS's moral foundation is that what increases freedom is moral, and what decreases freedom is immoral.

      Well, he *does* want to protect freedom. I don't see how this argument is circular, I'm just stating his position. His sense of morals may be different from yours, but his position is consistent.

      Being a self-centered hypocrite doesn't make RMS a bad person, it just makes him human. I know that according to the /. groupthink saying so makes me a troll, but I couldn't care less.

      You are entitled to your opinion, but I have never seen or heard RMS say anything that makes him an hypocrite, do you have examples? (I will not argue about him being self-centered, and I don't see how that's relevant)

      The F/OSS "movement" isn't about a coherenet moral philosphy, no matter how much anyone would like it to be. It's about sharing code, no more, no less. Make it a metaphor for life if you want, but code isn't life.

      For you, and (apparently) the OSS movement, (only) code is what matters. For the FSF and many other people, the philosophy is also important.

  2. It also appers to mandate s/w features by myc_lykaon · · Score: 3, Insightful
    From TFA:

    What do you mean?

    If you release a program that implements such a command, GPL 3 will require others to keep the command working in their modified versions of the program.

    Isn't it a slippery road to go down when the license mandates a feature-set? It seems to make a mockery of the 'free to modify' mantra. In fact it seems to be 'not free' in that sense.

    1. Re:It also appers to mandate s/w features by albalbo · · Score: 4, Informative

      Nothing in the GPLv3 is remotely decided. People keep throwing ideas out there to see which fly, some may, most won't.

      --
      "Elmo knows where you live!" - The Simpsons
    2. Re:It also appers to mandate s/w features by Chris+Burke · · Score: 4, Informative

      Only one feature. The previous paragraph from TFA:

      Some companies, such as Google, use code covered by GPL to offer their services through the Web. Do you plan to extend GPL 3 copyleft to request code publication in this case too, considering this behavior like a product distribution?

      Running a program in a public server is not distribution; it is public use. We're looking at an approach where programs used in this way will have to include a command for the user to download the source for the version that is running.

      But this will not apply to all GPL-covered programs, only to programs that already contain such a command. Thus, this change would have no effect on existing software, but developers could activate it in the future.


      So the "such a command" phrase in the paragraph you quoted does not mean "any command". It refers to a specific command to allow source download of a web-app. It doesn't say whether this command would have to still exist if you didn't use your modification as a web-app.

      I'm not sure I like that kind of clause, but it is very different than what you said. You statement made me worry that RMS would do something as foolish as mandate an unchanging feature set and interface, but that isn't true.

      --

      The enemies of Democracy are
    3. Re:It also appers to mandate s/w features by RickHunter · · Score: 1

      It's no different from the already-present clause that says that any commands in the program to display the license to the user must be preserved. Remember, this only applies to GPL'd webapps that already include such a feature. If you want to remove it you can, of course, either negotiate with the author or write your own fucking code.

    4. Re:It also appers to mandate s/w features by mark-t · · Score: 1
      Then the obvious question becomes, what if a web app that the author wanted to put under the GPL didn't contain such a command in the first place?

      The point is moot, however.

      The only thing recipients of any software, GPL'd or not, are *required* to do is _NOT_ break the law... and with regards to copyright, that means that they don't make any copies without permission from the copyright holder. If you are not distributing copies of the software (even if you are distributing the service it provides, if you have not been distributing any of the content of the software itself), then you are not considered to have infringed on copyright. Copyright Law has always been the teeth and claws of the GPL, so I'm concerned that aspects of GPL v3 which do not rely on Copyright Law are very likely to be unenforceable in any legal sense of the word. This sort of "weakness" in the GPL would undoubtably be capatalized on by its adversaries, who would pounce on it to show how this sort of thing is "just one example" of why the GPL should be rendered completely invalid and all material put into the public domain. Even if any legally unenforceable aspects of GPL v3 logically *should* not impact the otherwise enforceable aspects of it, it concerns me deeply that this sort of argument could still end up convincing a judge in a court of law.

    5. Re:It also appers to mandate s/w features by Anonymous Coward · · Score: 0

      Er no..your verbal gymnastics are wrong.

      You are not free to make such modifications that restrict said freedoms.

      The issue here is people are using software but not being allowed its source. The command would be so they could get the source.

      It is not the command which is important but the access to the source - that is one of the four freedoms.

    6. Re:It also appers to mandate s/w features by Anonymous Coward · · Score: 0

      Installing a piece of software is also copying it.

    7. Re:It also appers to mandate s/w features by Anonymous Coward · · Score: 0

      The installed copy is explicitly allowed by copyright law and does not require acceptance of a license. However, creating a derivative work is not allowed by copyright law unless you have the permission of the copyright holder. A version of the program without the download feature would be such a derivative work. Neither copyright law nor the GPL gives you the right to do that, so you are not allowed to remove the download feature. You can make other modifications if you accept the GPL, but the download source feature has to stay functional in the form that the GPL stipulates.

    8. Re:It also appers to mandate s/w features by Frank+T.+Lofaro+Jr. · · Score: 1

      What about blocking the download using your firewall (firewalls are very intelligent right now)?

      You didn't remove the feature or modify the code in violation of the license.

      How you configure your firewall to allow or disallow access to your app is not supposed to be under copyright jurisdiction, right?

      Also, what if you do want people to have the source, but not use up your bandwidth?!

      What if the web app just provides weather or something low bandwidth, but people dl'ing the 100 MB source (open source software bloats a lot nowadays) uses up 95% of your bandwidth? Should you pay 10X what you would otherwise pay for bandwidth? Even if it makes it impossible for you to provide the service?

      GPL v3 is a BAD, BAD, BAD idea.

      GPL v2 is enough, and many people think it is too much. E.g. PostgreSQL is BSD licensed (!) even though it would almost certainly still be successful as a GPL program.

      If I have a website with a DB backend, and I used a GPL v3 DB (slightly tweaked, e.g. I add a feature, possibly minor) do I now have to be a download site for the (likely huge) DB source??? That might very well be something I won't or can't (bandwidth costs money!) do.

      --
      Just because it CAN be done, doesn't mean it should!
    9. Re:It also appers to mandate s/w features by Anonymous Coward · · Score: 0

      Interesting point. It may be easier and more practical to require that the source code of modified versions is published in some acceptable fashion, not only if the binary is distributed as the license demands now, but also if the program is used (beyond internal testing) in the modified form.

    10. Re:It also appers to mandate s/w features by Breakfast+Pants · · Score: 2, Insightful

      It also doesn't seem like it will work. You can just expose all your services through two layers: the first layer is powered by modified GPL code, and includes the function for sending out the code. The second layer is just a wrapper that isn't GPLed at all and only passes function calls to the first layer and pipes output back to the user. The catch is this second layer can be made to not pass the "give me the code" function.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    11. Re:It also appers to mandate s/w features by mark-t · · Score: 1
      Copyright law does indeed govern derivative works. But as it happens, the only means that the court can use to determine whether or not Copyright infringement has occurred is the actual distribution of copies (made without permission) either of the original version or derivative works.

      Copyright law is kinda funny that way... it governs *copying*, but you can't be considered to have infringed on it (by virtue of the text of Copyright Law itself which EXPLICITLY exempts copying for personal and private use from being considered infringement, whether permission was given by the copyright holder or not) unless or until you go about distributing those copies (which in and of itself is not the violation of Copyright, the actual making of those copies was).

    12. Re:It also appers to mandate s/w features by mabhatter654 · · Score: 1

      His responce was about Trecheurous comupting.... imagine a big company like IBM wrighting something GPL, but without the key from IBM, your windows Vista PC won't run your modified version... It's a great question in the article because it's basic to keeping free software alive. The time is comming very soon now when the shrinkwrap license on your dell will apply to the HARDWARE as well as the software. How can we use GPL to twist this next perversion?

    13. Re:It also appers to mandate s/w features by PhilHibbs · · Score: 1

      I can't find that in either of the articles - the word "implements" does not appear at all in either of them.

    14. Re:It also appers to mandate s/w features by Minna+Kirai · · Score: 1
      It's no different from the already-present clause that says that any commands in the program to display the license to the user must be preserved.

      There is no such clause in GPLv2. It does require that a program which has a splashscreen (or other startup message) mention the GPL in that splashscreen, but it does not prohibit anyone from removing the splashscreen entirely:
      • If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

      A person can easily change a program so it doesn't normally have an announcement, thus qualifying for the exception.
  3. Question about the GPL by Anonymous Coward · · Score: 0
    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.
    Doesn't the fact that being allowed to choose which version one applies to the software precludes the possibility of others to do the same to your version, i.e. that the disjunction of license versions is not transitive and one in effect loses the free choice of the version after one "generation"?
    1. Re:Question about the GPL by Dogtanian · · Score: 1

      Doesn't the fact that being allowed to choose which version one applies to the software precludes the possibility of others to do the same to your version, i.e. that the disjunction of license versions is not transitive and one in effect loses the free choice of the version after one "generation"?

      I don't know about this personally; I'm in the process of developing something, which *if* it doesn't descend into a tangled mess of code, will probably be GPLed.

      And one thing I'm *not* doing for sure is allowing it to be distributed under that "either version X or (at your option) any later version."

      Apart from leading to the problems you describe, it assumes that you trust that Stallman or the FSF won't do anything you seriously disagree with in future versions of the license. ANY future version.... and although I don't seriously think Stallman will "sell out", he may do something weird based on some radical new opinion. Or what if the FSF falls out of Stallman's hands?

      What if ESR (or someone similar) got a hold of the FSF, and in line with their (IMHO deluded) libertarian beliefs that companies will ultimately not just screw everyone over and exploit their code given the chance, release a version of the GPL that is closer in spirit to the BSD-license?

      (Actually, I'll admit there are places where one might consider releasing stuff under a BSD-like license; but it should be the author's choice. Not theirs.)

      I've also considered the possibility of "any future version, provided you have MY permission". The problem of transitivity still remains with that one, however. What if someone adds to the code; does the modified version require *their* permission to distribute under a later version of the license? Can they restrict it to a chosen version?

      One possible solution is to release it under (e.g.) version 2 as an "official" release. Anyone who wants to add to it can distribute the modified version under GPL v2; however, if you want the code incorporated into the "official" release, you have to give permission for me (the "primary" author, in theory, though what happens if the program is massively expanded?) to permit or deny distribution of your changes under any version of the GPL.

      Whether that's something I'd agree to if I was the other guy is debatable, so I'm not convinved it's a great idea.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    2. Re:Question about the GPL by Arandir · · Score: 1

      What if ESR (or someone similar) got a hold of the FSF, and in line with their (IMHO deluded) libertarian beliefs that companies will ultimately not just screw everyone over and exploit their code given the chance, release a version of the GPL that is closer in spirit to the BSD-license?

      In that case, companies would ultimately screw everyone over by exploiting their code. Just look at FreeBSD for example. Oh wait, bad example. Look at Apache instead. Ohe wait, another bad example. I'm sure there's an example out there of the utter anguish and despair that would happen if the GPL were more free.

      But you are in essence correct. Freedom is too valuable to give to everyone. We need to lock it away so only we can have it.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    3. Re:Question about the GPL by HermanAB · · Score: 2, Interesting

      The GPL doesn't restrict your rights, it grants you rights. Therefore, an open ended version 2 or later clause is OK, since it can only grant you more rights, it cannot take any rights away that you already have.

      --
      Oh well, what the hell...
    4. Re:Question about the GPL by Alsee · · Score: 1

      I think Anon was saying that GPL3 or GPL 4 could potentially be more restrictive and "take away rights", and that anyone could then take some "GPL 2 or later" software and reistribute it (with or without modification) under the more restrictive GPL 3 or GPL 4 only. It could never be rolled back to GPL 2.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:Question about the GPL by HermanAB · · Score: 1

      Don't think that is possible.
      a. Only the copyright holder can change the license.
      b. If v3 is less free than v2, then v3 will die out.

      It is governed by Thermodynamics:
      In a GNU system, freedom always increases. ;-)

      --
      Oh well, what the hell...
    6. Re:Question about the GPL by mabhatter654 · · Score: 1
      RTFA!

      RMS response was that the programmer would have the right to decide that. He seems very intent on keeping GPL 3.0 as compliant with 2 as possible. The way he explained it, a program would stay GPL 2 until somebody modified it, then they would have the choice to move THEIR copy up a version or not. Similarly, large projects like the Linux(TM) Kernel would have the CHOICE to accept patches under the old version or rev their project to the new version and then accept patches under that.

      After reading the interview, I'm much less worried about RMS including anything that breaks the current GPL 2 too much. It's a really good interview, everybody should read it!!!

    7. Re:Question about the GPL by Alsee · · Score: 1

      Don't think that is possible.
      a. Only the copyright holder can change the license.


      The copyright holder offered the receiver an "or" choice. You can use that "or" to mix it with GPLv3 code and distribute it under only GPLv3.

      b. If v3 is less free than v2, then v3 will die out.

      We *know* that v3 will be more restrictive in at least some ways, for example in relation to software patents.

      But the main point is that if the FSF eventually releases some insane restrictive GPLv8192, and no matter whether it "dies out" or not, anyone can take the old v2+ code and impose v8192 restrictions on all decendants of his copy.

      Of course it is generally impossible to eliminate the existance of the original v2+ version. It is potentially possible for the person recieving the v3 version to locate and obtain a v2+ copy. However the person receiving the v3 version probably will not know the v2+ version even exists.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:Question about the GPL by HermanAB · · Score: 1

      Well, that is why we have CVS.

      --
      Oh well, what the hell...
    9. Re:Question about the GPL by Alsee · · Score: 1

      that is why we have CVS.

      Yes, but I was looking at the worst case scenario of whether "rights could be taken away". In the worst case someone is actively trying to subvert the system. If I take some v2+ code and I *want* to "take rights away" then I can do whatever work I like on it and I can give it to you under the "most restrictive" version of the GPL that every gets released by the FSF. If I run a CVS at all I can have it all under v3 license. I can give you v3 code and never tell you that v2+ ever existed, nevermind where I got it.

      The only limitations on 'taking away rights' are:
      (1) Trust in the FSF (a pretty safe bet in my oppinion); and
      (2) Typically someone will not be able to eliminate the existance of all copies of the earlier version. However that old copy does no good if you don't know it exists or can't locate/obtain it. So while this is a theoretical solution it can be a very real practical problem.

      So yes it can happen, but it is more a theoretical issue than a real danger.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:Question about the GPL by HermanAB · · Score: 1

      I guess, at the end of the day, you have to trust someone eg. Google or Verisign...

      --
      Oh well, what the hell...
    11. Re:Question about the GPL by Anonymous Coward · · Score: 0
      > b.If v3 is less free than v2, then v3 will die out.

      But what if v3 is more free than v2? What if v3 says that you can do whatever you want with the code without re-ditributing the changes??!

      Then the evil megacorporations could use your software to make money without distributing the source code!!!

      What if ESR organizes a putsch of the FSF!!!?!

      We can't have an open-ended license because it might let people use the software in ways that we can't control and that's not freedom!! Freedom is the right to do what RMS wants you to do!!!! Not just whatever you want to do!!!!!

  4. Copyright and patents are seperate issues (NS) by Anonymous Coward · · Score: 0

    Nuff Said.

  5. GLAMP? by khasim · · Score: 2, Funny
    Federico Biancuzzi recently contacted RMS, founder of the Free Software Movement and initial developer of the GNU system (the G in "GLAMP"), to talk about the past, the present, and the future of the GNU GPL.
    gDid gI gnot gget gthe gmemo gon gthis? gHow glong ghas git gbeen "GLAMP"?
    1. Re:GLAMP? by Anonymous Coward · · Score: 0

      Ye, loo lik yo misse i.

    2. Re:GLAMP? by acariquara · · Score: 1

      gimme your GMail address, and I will forward it to you.

      --
      Dear aunt, let's set so double the killer delete select all
    3. Re:GLAMP? by ajdlinux · · Score: 2, Informative

      If you acknowledge that the GNU project wrote more of your 'Linux' distro than Linus did, it's GLAMP.

    4. Re:GLAMP? by dacarr · · Score: 1

      It's LAMP for those who insist on the GNU/Linux syntax.

      --
      This sig no verb.
    5. Re:GLAMP? by HermanAB · · Score: 1

      G/LAMP otherwise, although Perl programmers may need to make it G//LAMP...

      --
      Oh well, what the hell...
    6. Re:GLAMP? by Anonymous Coward · · Score: 0

      GLAMP?

      what a stupid idea.

      i ack that Linux took more from Bell Labs than Richard's legal text file.
      so i should call LAMP Unix.

      GNU/piss off.

    7. Re:GLAMP? by Nasarius · · Score: 1

      Yes. But until running a BSD userland on top of the Linux kernel becomes popular, just "Linux" implies a GNU userland anyway.

      --
      LOAD "SIG",8,1
    8. Re:GLAMP? by ajdlinux · · Score: 1

      It may imply a GNU userland, it doesn't give any recognition to GNU though.

  6. The freedom to confuse by teslatug · · Score: 4, Insightful
    Check out the following quotes:

    Maybe you could talk about the common question that people have: a project under GPL that receives a patch under GPL 3. What happens?

    If the project's current code permits use under "GPL version 2 or later," they can integrate that patch. However, the files where they have merged in the patch will have to say "GPL version 3 or later."

    They also have the option of not using that patch, or asking the contributor to give permission for its use under "GPL version 2 or later."

    If I take a patch under GPL 3 and merge it with a project under "GPL 2 or later," should I write that the new license for the whole project is GPL 3?

    The merged program as a whole can only be used under GPL 3. However, the files you did not change could still carry the license of "GPL 2 or later." You could change them or not, as you wish.


    This new version, and later ones will confuse, fragment, and even make illegal many contributions and/or projects in the future. I think this will prove to be a weak link in Free Software as people try to mix GPL2 with GPL3 projects, and make a mess of things. Whatever benefits there are of GPL v3, they will be overshadowed by this mess it will create.
    1. Re:The freedom to confuse by eobanb · · Score: 3, Funny

      Well see this preview is like a GPL beta. Or unstable. In fact, let's called it something like GPL, the Messy Midget. I suggest you try the stable, though perhaps slightly outdated GPL 2.x tree, last updated in 1991.

      You know maybe we should have some other distributions of the GPL. We could have one called GPLspire, that basically comes with a legal team that you have to pay for each month to ensure that others don't violate your licence. Or how about SlackGPL, that tries to be as much like the Communist Manifesto as possible.

      Burn, karma, burn.

      --Eoban

      --

      Take off every sig. For great justice.

    2. Re:The freedom to confuse by RickHunter · · Score: 3, Insightful

      Nope. Note that this only applies if the patch explicitly says "GPL v3". The normal case is for contributions to be under the same license as the original codebase - in this hypothetical case, GPL v2. Someone submitting code licensed under GPLv3 to a GPLv2 project would be just as unlikely as someone submitting GPL'd code to a BSDL project, or vice-versa.

    3. Re:The freedom to confuse by swillden · · Score: 4, Informative

      Someone submitting code licensed under GPLv3 to a GPLv2 project would be just as unlikely as someone submitting GPL'd code to a BSDL project, or vice-versa.

      I think the more likely "problem" scenario is where a developer on a GPLv2 project wishes to borrow code from a GPLv3 project. However, very few projects are GPLv2... most of them use RMS' recommended language and are therefore best described as GPLv2+, where the '+' means that the code can be released under any later GPL version.

      Let me see if I can enumerate the possible scenarios and describe the effect of each.

      • GPLv2+ borrows from GPLv3+. No problem, but the specific files imported/modified are under GPLv3+, and the project as a whole is distributed under GPLv3+.
      • GPLv2+ borrows from GPLv3. No problem. The result is GPLv3. This might be a bad idea if the GPLv2+ project wishes to be distributable under GPLv4+.
      • GPLv2 borrows from GPLv3 or GPLv3+. Can't do it. One side or the other must provide another license.
      • GPLv3+ borrows from GPLv2+. No problem.
      • GPLv3+ or GPLv3 borrows from GPLv2. Can't do it.
      • GPLv3 borrows from GPLv2. Can't do it.
      • GPLv3 borrows from GPLv2+. I don't think there's a problem here. The recommended RMS language would seem to allow a user to remove the upgradeability.

      That looks bad, but in practice I doubt it will be. Very few projects are GPLv2, and probably even fewer will be GPLv3. The only major project I know of under GPLv2 is the Linux kernel, and it is sufficiently important that it's unlikely to be hampered by the inability to pull in GPLv3[+] code. If a feature is generally desirable in Linux, someone will invest the effort to re-implement it for Linux. In most cases that really has to be done anyway, for technical reasons.

      I think that if GPLv3 adds enough value to be compelling, most projects will end up migrating to it. Those, like Linux, that can't will simply continue onward with GPLv2. They may wish they had the GPLv3, though, if the FSF can find some language that handles the patent issue well.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    4. Re:The freedom to confuse by Sandmann · · Score: 1

      Many projects currently under GPL2-or-later will probably just upgrade the whole thing to GPL3-or-later. If they like GPL3, that is. If they don't, then they'll probably just not take any GPL3 code at all.

    5. Re:The freedom to confuse by Tony+Hoyle · · Score: 1

      This whole 'force GPL3' thing is precisely the reason I removed 'or later' from all my GPL code.

      I don't want someone submitting a patch and forcing the license to change (especially with some of the crap that's supposed to be in there). RMS is using weasel words but it's basically true that 1 line of GPL3 code forces the entire code GPL3.. and as an author that's not acceptable.

    6. Re:The freedom to confuse by Anonymous Coward · · Score: 0

      RMS is using weasel words but it's basically true that 1 line of GPL3 code forces the entire code GPL3..

      No it's not.

      1. Can I add printf("Tony Hoyle is a dolt!"); with a GPL3 license to your code? No... why? There's your basic answer to "forces".

      2. One line of code is not covered by the GPL/GPL3/BSD etc etc. Even if you were wrong-headed enough to think that one-line of code can be licensed, it would take you about 30 seconds to rewrite it and use your own license. The GPL never has and never will apply to one/two/three lines of code -- think of it in the same way as fair use.

      and as an author that's not acceptable.

      You're a knee-jerk idiot who hasn't thought *any* of this through.

    7. Re:The freedom to confuse by Minna+Kirai · · Score: 1

      RMS is using weasel words but it's basically true that 1 line of GPL3 code forces the entire code GPL3.. and as an author that's not acceptable.

      As rude ACs have mentioned, nobody will force you to accept the patch. However, depending on the quality of the submitted code, you might wish to use it, and the "or later" clause keeps that option open.

      Scenario: Alice releases Foo under GPL. Bob uses Foo, and makes a few edits for his own needs. Then he tries another program, Bar, which is GPLv3+ and has a few features he enjoys. He'd like to copy that Bar code into Foo, and then send it to his friends.

      If Foo is GPLv2 only, then he's not allowed to do that. If Foo were GPLv2+, then he can make the choice to bring in that code and license, as his circumstances dictate.

      This whole 'force GPL3' thing is precisely the reason I removed 'or later' from all my GPL code.

      There are better reason to be afraid of the "or later" clause- specifically, the FSF may someday go collectively insane and release GPLv4 as a BSD-equivalent license. They might particularly do that if some billionaire hired them...

      Using the "or later" clause means trusting that the FSF will never be subverted in the future, and they say that every man has his price...

  7. ESR best forgotten by Lulu+of+the+Lotus-Ea · · Score: 3, Funny

    In a recent interview, Eric Raymond shocked many Free Software developers. Interviewed developers commented "What? Is he still around? Now there is someone you don't think about anymore." Raymond's contentious statements were uniformly viewed as desperate cries for attention by a once notable software developer. A sympathetic developer commented, "I certainly hope ESR gets the professional counciling he so obviously needs; he just needs to learn that you can lead a productive life outside the limelight. I know of a good support group for people like him and Dvorak."

    1. Re:ESR best forgotten by Anonymous Coward · · Score: 0

      Correction: ESR was only ever notable for the size of his mouth.

    2. Re:ESR best forgotten by Lulu+of+the+Lotus-Ea · · Score: 2, Informative

      Fetchmail is/was a fairly useful program. And his two famous essays, "Cathedral and Bazaar" and "Homesteading the Noosphere" are reasonably interesting (not entirely accurate, but also not entirely without some reasonable analysis). But 1998 was the last time ESR did ANYTHING even remotely of public interest.

    3. Re:ESR best forgotten by MikeFM · · Score: 1

      Have you ever met ESR? While he isn't a complete moron he certainly isn't the brightest hacker either. The guy kept bugging me asking what I was working on which kept distracting me from my work. As if, because he is the grand ESR, he couldn't just wait for my presentation like everyone else. His talk was interesting but nothing I hadn't heard from many other hackers and IMO was less interesting than the technical talks going on. Saying that the GPL isn't needed any longer just proves that he really doesn't get it. He seems to think that everyone will just play nice if you remove legal protections. It'd be great if that was true but I've never seen any evidence of it (and quite a lot of counter evidence). Maybe he should work on coding for a while so he'll get his head back into the proper hacker mindset.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    4. Re:ESR best forgotten by nomadic · · Score: 1

      Fetchmail is/was a fairly useful program.

      Fetchmail demonstrates ESR's greatest programming talent, which is taking something someone else made and putting his own name on it. I don't think anyone would ever have considered him a serious developer in any meaningful sense of the title, his contributions of actual code are really minor and not particularly well-regarded.

    5. Re:ESR best forgotten by Anonymous Coward · · Score: 0

      He's gotta keep that socialist bent he seems to be missing - I can't believe he can call himself a hacker without constantly spewing how everyone has to share with everyone else so that no one can be considered special and everyone will be happy forever and people won't die and it'll be a utopia and republicans will be frying in hell.

  8. I can't help thinking that by Anonymous Coward · · Score: 3, Interesting

    RMS would've made a great Supreme Court justice, had he gotten his law degree

    1. Re:I can't help thinking that by BrokenHalo · · Score: 2, Funny

      He would probably have also made a good Holy Roman Emperor if he had got around to taking the public service exam. :-)

    2. Re:I can't help thinking that by Anonymous Coward · · Score: 0

      You don't need a law degree to be on the Supreme Court.

  9. Section 4 Article 16 by Anonymous Coward · · Score: 3, Funny

    All developers and advocates of GPL software hereby agree to bathe on a minimum of a daily basis. Those developers that face the public further agree that they will brush their teeth priort to any such encounter, no matter how brief!

    I could believe this part, especially coming from RMS. It's no wonder ESR said we didn't need the GPL anymore.

  10. It's 2005, not 1985. by SpaghettiPattern · · Score: 5, Insightful

    It's 2005, not 1985. We've learned a lot in the last 20 years.
    Yeah we learned we need it more than ever before. Just imagine the SCO history without the GPL.

    If you rigorously cling on to values (like GPL and free speech) people think you're a zealot. Until the same people realize they themselves were idiots. GPL is what got Linux this far -and not it's technical superiority over whatever- and it remains needed to prevent doctor evils screwing people over.

    There's also the freedom to refrain from using the GPL and stop whining.

    --

    I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    1. Re:It's 2005, not 1985. by Anonymous Coward · · Score: 0

      I agree.

      Dispite what ESR thinks, Linux is where it is today because of the GPL. Otherwise the kernel would be fragmented, inconsistent, and unpopular(*) (Net/Open/FreeBSD, Darwin, etc, etc...).

      * Unpopular relative to Linux

    2. Re:It's 2005, not 1985. by Teckla · · Score: 0, Troll

      GPL is what got Linux this far

      With all due respect, that's completely unproven, and in my opinion, completely untrue.

      The Apache web server, Mozilla/Firefox, FreeBSD, NetBSD, OpenBSD, Python (the language)...the list goes on, and on and on. All of these are very successful projects and (gasp) none of them are licensed under the GPL.

    3. Re:It's 2005, not 1985. by smallpaul · · Score: 1

      Yeah we learned we need it more than ever before. Just imagine the SCO history without the GPL.

      I'm imagining it. I don't see any big differences in the outcome.

    4. Re:It's 2005, not 1985. by swillden · · Score: 4, Interesting

      With all due respect, that's completely unproven, and in my opinion, completely untrue.

      I recall an interview with the Linux team at IBM where they said they did not think IBM would have contributed code under a BSD license. It was important to IBM that IBM's competitors not be able to use their code in proprietary products. I'm sure there are plenty of other cases where significant contributions to Linux would not have happened if it were under another license.

      It's hard to say that the GPL was essential to Linux, but I think it's very clear that the GPL has been helpful to Linux development. It has also enabled a major thrust of IBM's counterattack on SCO, which is perhaps not essential, but very pleasant :-)

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:It's 2005, not 1985. by Ulrich+Hobelmann · · Score: 1

      Hm, then why is Linux a collection of a kernel, the glibc and various other userland things that you have to assemble on your own (when using LFS, otherwise your distro does that), while the BSDs have one consistent base system?

      Yes, Linux is more popular. But does that have any value at all?

    6. Re:It's 2005, not 1985. by Ulrich+Hobelmann · · Score: 1

      Just imagine the SCO history without the GPL.

      Exactly. There is a reason why SCO sued over Linux and not the BSD organizations.

    7. Re:It's 2005, not 1985. by Anonymous Coward · · Score: 0

      Hahah, there's only like a dozen different kernel patchsets you can apply, Gentoo morons have one, Love morons have one. The linux kernel is so amateurish and hackish that it's very inconsistent, even Alan Cox spoke out about the shitfest that is 2.6. Not to mention the billion different Linux distros.

      I can move from FreeBSD to OpenBSD in minutes, try moving from Debian to Redhat or Joe Bob's Linux and see how easy that is.

      Linux sucks.

    8. Re:It's 2005, not 1985. by Anonymous Coward · · Score: 0

      No, the GPL is what has prevented Linux from getting much farther than it did.

      Remember that in the late 90s Apple was choosing open-source components on which to build their next-generation operating system. They chose BSD instead of Linux because BSD had friendly licensing and Linux had hostile licensing. And now Mac OS X is the most popular UNIX in the world, by far. It outships Linux by something like 10 to 1 in reliable surveys. (Note: Counting the hundreds of thousands of Linux boxen in server farms and clusters is not a reliable survey. Please do not reply with bullshit numbers that nobody believes.)

    9. Re:It's 2005, not 1985. by WilliamSChips · · Score: 1

      I moved quite easily from Redhat to Gentoo. Probably easier than moving between BSDs.

      --
      Please, for the good of Humanity, vote Obama.
    10. Re:It's 2005, not 1985. by MassacrE · · Score: 1

      Don't think the GPL has only positive benefits. There have been a lot of architectural decisions by projects like linux and gcc to limit architecture for what amounts to 'political' reasoning.

      For example, there was a gcc compiler to java bytecode which was rejected because RMS considered the bytecode to be enough of an intermediate language that it could be used to decouple the front and back-end parts of GCC, allowing people to reuse the language frontends for new platforms and add new languages to the existing platforms without needing to contribute the code under the GPL.

    11. Re:It's 2005, not 1985. by SpaghettiPattern · · Score: 1

      They [Apple] chose BSD instead of Linux because BSD had friendly licensing and Linux had hostile licensing.
      Don't you have the slight impression Apple is the only one that had a break in this deal and certainly not FreeBSD?

      How exactly did FreeBSD benefit from Apple using it? Did Apple even once think of contributing anything substantial -like parts of its GUI? All FreeBSD will get are -pimped up- peanuts and will never be allowed to get anywere near to being a threat. That's screw over.

      Apple themselves were not capable of hacking their own kernel and the FreeBSD guys did a wondeful job for them. Hell they tried ever since the early 90ies to throw out their event-loop based OS.

      Also, is there suddenly a greater drive in putting FreeBSD into datac enters? Is Oracle suddenly fully supported on FreeBSD?

      --

      I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    12. Re:It's 2005, not 1985. by Teckla · · Score: 1

      With all due respect, that's completely unproven, and in my opinion, completely untrue.

      The Apache web server, Mozilla/Firefox, FreeBSD, NetBSD, OpenBSD, Python (the language)...the list goes on, and on and on. All of these are very successful projects and (gasp) none of them are licensed under the GPL.

      How did this get modded down as troll? Are some people so deep in the GPL religion they can't tolerate other viewpoints? I state some facts and opinions and that's a troll?

      Sheesh. Shame on the idiot mods who rated it a troll. Next time, try a rebuttal instead of a sledge hammer.

    13. Re:It's 2005, not 1985. by Anonymous Coward · · Score: 1, Interesting

      But GCC is GPL!. All that means is that RMS didn't want the patches in HIS tree. Someone else could fork gcc (are you old enough to remember egcs?) - it's just the burden of maintenance of their altered tree would fall on them. You don't HAVE to accept patches into your tree with open source (Aside: I also once talked to a microsoft developer who honestly thought random people on the net had anonymous write access to CVS trees of "open source" projects. God only knows where he got that idea. MS dept. of propaganda I guess.)

      This is why the GPL is said to "discourage" forking: you have the freedom to fork, but if you do, you're stuck looking after it, and it's still GPL so anything good you add can be lifted back to the parent project at their discretion. Forking+remerging is a natural means of evolutionary progress in GPL software.

    14. Re:It's 2005, not 1985. by andreyw · · Score: 1

      OS X does not use the FreeBSD kernel. I think missing such a basic notion pretty much puts the axe to your whole post.

      XNU != kFreeBSD.

      Darwin Uruz.local 8.2.1 Darwin Kernel Version 8.2.1: Fri Jun 24 23:31:10 PDT 2005; root:xnu-792.3.2.obj~1/RELEASE_PPC Power Macintosh powerpc

    15. Re:It's 2005, not 1985. by MassacrE · · Score: 1

      Indeed LLVM is a fork of gcc - although while ecgs was a fork made because gcc was stalemated as far as forward progress was concerned, LLVM was made for political reasons and will never be merged. Both projects have suffered for this (IMHO of course).

      Thats actually the beef a lot of the "Open Source" developers have with the GPL - promoting community around development is great, but the GPL takes a lot of steps to enforce your membership in said community.

    16. Re:It's 2005, not 1985. by 0racle · · Score: 1

      Yep, there was a reason SCO sued IBM. It has nothing to do with the GPL, and they did not sue 'Linux' as that would require sueing Linus. IBM has money, the BSD's do not. The GPL doesn't change that.

      --
      "I use a Mac because I'm just better than you are."
    17. Re:It's 2005, not 1985. by Anonymous Coward · · Score: 0

      The Apache web server, Mozilla/Firefox, FreeBSD, NetBSD, OpenBSD, Python (the language)...the list goes on, and on and on. All of these are very successful projects and (gasp) none of them are licensed under the GPL.

      Firefox is under a tri-license of the GPL, MPL and LGPL. IMHO, the LGPL is the closest of these to BSD.

    18. Re:It's 2005, not 1985. by samjam · · Score: 1

      GNU/Linux is what it is BECAUSE it's GPL and GPL appeals to zealots or zealously share and zealously guard their freedom.

      If it were not for the GPL, GNU/Linux would be a footnote to the BSD's and the BSD's would NOT be like GNU/Linux is today.

      I don't care if someone thinks I'm a zealot - gosh, as if I'd give away some of my freedom just so that a strager whose opinion I don't care for won't label me with what he thinks is an unattractive label.

      I'm being zealous for me and the other zealots, not him.

      Sam

    19. Re:It's 2005, not 1985. by Anonymous Coward · · Score: 0

      ... and then there's the code IBM has contributed to FreeBSD (through Whistle), which would not have been written unless FreeBSD had been under the BSD license.

      This one swings both ways - there's some cases where code wouldn't be contributed under the BSD license, some under the GPL. My belief is that the balance goes towards the BSD license, and would go even more so towards the BSD license if there wasn't a high level of emtional investment in "not being exploited" in the GPL camp.

      It's overall hard to say, though. There's too many factors, and what's beneficial vary from project to project, depending both on the situation ni that segments of software and on the goals of the developers.

      Eivind (FreeBSD developer).

    20. Re:It's 2005, not 1985. by swillden · · Score: 1

      then there's the code IBM has contributed to FreeBSD

      Interesting. What code is that?

      which would not have been written unless FreeBSD had been under the BSD license.

      Why not? I can't imagine a situation in which someone who would be willing to license their code under the BSD license would be unwilling to license it under the GPL. This is interesting.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    21. Re:It's 2005, not 1985. by swillden · · Score: 1

      I can't imagine a situation in which someone who would be willing to license their code under the BSD license would be unwilling to license it under the GPL. This is interesting.

      I take that back. The situation is where the author wants to reuse open source code in a proprietary product, extending it with additional features/enhancements. The GPL would disallow the proprietary use, whereas the BSD would not require the enhancements to be published.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    22. Re:It's 2005, not 1985. by dublin · · Score: 1

      Why not? I can't imagine a situation in which someone who would be willing to license their code under the BSD license would be unwilling to license it under the GPL.

      Pretty much *every* author that chooses the BSD license is unwilling to license their code under the GPL. There are those of us who understand that BSD is the truly free license, and that you cannot have more freedom by *adding* restrictions to use, especially if those additional restrictions are there simply to further a radical political agenda purpose-designed to eliminate all commerce in software.

      In fact in my mind, if the truly free licenses needs any restrictions at all, those restrictions shoud be aimed to prohibit taking code with a truly free license (BSD, MIT, X, etc.) and locking it up in a viral protection scheme like the GPL.

      Truly free licenses are very, very different from the GPL, which seeks the most heinous sort of discriminatory prohibition - one that is based on the fundamental premise that all buying and selling of software is evil and should not be permitted. Only a few moonbats like Stallman really believe that...

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    23. Re:It's 2005, not 1985. by swillden · · Score: 1

      Pretty much *every* author that chooses the BSD license is unwilling to license their code under the GPL.

      This statement makes no sense. It makes sense to say that authors who choose to license under the BSD license would not choose to license *only* under the GPL. But, for example, there would be no problem at all in providing GPL and BSD and even proprietary licenses to the same code and allowing people to choose whatever they like. The point is that the author who is willing to give up nearly all rights is, by definition, willing to give up some rights.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    24. Re:It's 2005, not 1985. by Minna+Kirai · · Score: 1

      Pretty much *every* author that chooses the BSD license is unwilling to license their code under the GPL.

      Really? Well, tough luck, because they already did!

      If you release a program as BSD, I can take the whole thing, change one semicolon, and re-release as GPL. The modern, no-advertising-clause BSD license is a compatible subset of the GPL.

    25. Re:It's 2005, not 1985. by sonamchauhan · · Score: 1

      The modern BSD license is no "subset" of the GPL license.

      Due it's additional restrictions, the GPL can be considered a subset of licenses/conditions that provide more freedom, like the BSD license - and ultimately public domain.

    26. Re:It's 2005, not 1985. by Minna+Kirai · · Score: 1

      The modern BSD license is no "subset" of the GPL license.

      Of course I use "subset" a little loosely- they aren't strict subsets, because outside of pure math, nothing ever is. But knowing that I only mean a very strong approximation, you can see why BSD is a virtual subset of GPL, and similarly why PD is a subset of BSD.

      First just look at the lengths of the license files. PD is one line, BSD is 22 lines, and the GPL is 275 lines. Each of the longer licenses imposes more terms than the previous ones (PD has no terms at all). Furthermore, each of the terms in the shorter licenses are basically equivalent to a term in the longer one. Because the bigger license already includes all the terms of the smaller, code with a "smaller" license can be freely merged into a "bigger" project.

      If I find some PD code, I can add it to a BSD or GPL project without violating the restrictions of the PD license (since there are no restrictions). But if I find some BSD code, I can't add it to a PD project, since I'm not the copyright holder and have no authority to release it into public domain. But I can add it into a GPL project, because all the requirements of the modern BSD license can be obeyed without violating any GPL requirements.

      However, if I have a PD or BSD project and want to insert a little GPL code, I can't do that and leave the end result PD or BSD- I must change the whole thing to GPL, because that is the license with the most and most restrictive terms, and thus the superset of the others.

    27. Re:It's 2005, not 1985. by sonamchauhan · · Score: 1

      OK.

      In terms of "the license with the most freedom", public domain is the superset, BSD a subset, and GPL a subset of BSD.

      In terms of "the license with the most restrictive terms," BSD is a subset of GPL v2, and the GPLv2 may one day be a subset of GPL v3.

    28. Re:It's 2005, not 1985. by Minna+Kirai · · Score: 1

      In terms of "the license with the most restrictive terms,"

      And since a license is defined as a set of terms, that is the way to look at it.

      One further way to express it is interesting:
      In terms of "open source software", GPL-compatible is the superset (most members), BSD-compat is a subset, and PD is a subset of that (least members).

      Using GPL maximizes the availability of other projects you can grab code from. If your video-game is GPL, you can borrow image-processing code from The Gimp (GPL), but a BSD or PD game couldn't do that.

    29. Re:It's 2005, not 1985. by sonamchauhan · · Score: 1

      > > In terms of "the license with the most restrictive terms,"
      > And since a license is defined as a set of terms, that is the way to look at it.

      There is more than one way to look at things. As a user I am interested in the license that grants me the most freedom - public domain is the superset of all freedoms.

      > Using GPL maximizes the availability of other projects you can grab code from.

      No, it can't grab code from the old BSD license. Your link:
      http://www.gnu.org/licenses/gpl-faq.html#OrigBSD

      Plenty of licenses can exclude the GPL. I think some MS-designed licenses do so explicitly.

      This simple license may also exclude the GPL:

      This source code is licensed to you at no cost, for use in any purpose, and with no further conditions except:
      1. this code may never be distributed with a license that imposes tighter restrictions that this one
      2. you take necessary steps to enforce this condition (for example by indicating parts of your software which come under this license).


      > If your video-game is GPL, you can borrow image-processing code from The Gimp (GPL),
      > but a BSD or PD game couldn't do that.
      Some it can reuse, some it cannot. Same with any software.

    30. Re:It's 2005, not 1985. by Minna+Kirai · · Score: 1

      As a user I am interested in the license that grants me the most freedom

      I'm a user too, and I'm interested in the license which provides me the most freedom. In particular, I want future programs I download to also include the source code, which is an obligation GPL puts on modifications, but BSD does not.

      When I submit a patch to a project and hand out source code, I like to know that future people who use my code will share their code with me too.

      No, it can't grab code from the old BSD license.

      As you explicitly stated, we were talking about the "modern BSD", not the original one.

    31. Re:It's 2005, not 1985. by sonamchauhan · · Score: 1

      I repeat:

      As a user _I_ am interested in the license that grants me the most freedom.

      That's why I prefer the BSD or public domain, which offer _more_ freedom to me in _all_ my actions.

      You have a different meaning of freedom, more, shall we say, communistic.

      > > > Using GPL maximizes the availability of other projects you can grab code from.
      > > No, it can't grab code from the old BSD license.
      > As you explicitly stated, we were talking about the "modern BSD", not the original one.

      I stated a fact. We're talking about GPL restrictions here.

  11. Not quoted in context ... by Anonymous Coward · · Score: 2, Interesting

    This is about allowing people who release server software to mandate that any modified server running publicly will have to release the modified source code. That is the command he is talking about, and only that. Id hardly call that a feature set.

    Seems a decent enough idea in this day and age, if everyone starts running thin clients with proprietary code on the servers then the GPL becomes a bit useless.

    1. Re:Not quoted in context ... by Anonymous Coward · · Score: 0

      It's a decent idea, but it means striking Section 0 out of the GPL and turning it into a EULA.

    2. Re:Not quoted in context ... by Anonymous Coward · · Score: 0

      Not at all. Copyright law doesn't give you the right to modify your copy of someone else's software, even for your own use. To be allowed to make modifications, you need to accept the GPL. Mere users, even those who use a program publicly, could still ignore the GPL.

      If the program in its unmodified form includes the "download source" feature, then either you don't modify it, ignore the GPL and thus the feature is still there. Or you do modify the program, necessarily accept the GPL and thus cannot remove the feature.

    3. Re:Not quoted in context ... by Anonymous Coward · · Score: 0

      Your post is totally wrong. One can modify copyrighted works as much as they would like so long as they don't distribute the modified copies. And the FSF has held the consistant position that running != distributing (see article).

    4. Re:Not quoted in context ... by Anonymous Coward · · Score: 1, Interesting

      Then perhaps you can show me where I can find the limitation of the exclusive rights of the copyright owner, which include the right to prepare derivative works: http://www.copyright.gov/title17/92chap1.html#106

    5. Re:Not quoted in context ... by mark-t · · Score: 1
      Let's say that a person, for whatever reason, did not have permission from the Copyright holder(s) to make copies of a certain piece of software (in the sense that it is enforceable by Copyright Law).

      That person *DOES* still have the right to make copies that he or she does not ever distribute to anyone else (because Copyright Law does contain an explicit exception governing Copying for personal and private use).

      Thus, even if a person intends to distribute the _SERVICE_ that is provided by the copyrighted software, if he or she does not actually distribute the software itself, Copyright Law has no bearing on what the Copyright holder can legally require this person to do.

      Thus, a person can take a GPL'd (v3) program that has this "feature", remove this feature, and use the modified program to provide a public service (as long as he or she does not distribute the software, modified or not), and there is not one thing that the Copyright holder can legally do to stop it.

    6. Re:Not quoted in context ... by Anonymous Coward · · Score: 0

      You missed the part where creating a derivative work is an exclusive right of the copyright holder. Removing the download source feature is a violation of copyright law unless you accept the license. But if you accept the GPL, it forbids the removal. No matter how you look at it, the download source feature stays, either due to copyright law or due to the GPL.

    7. Re:Not quoted in context ... by mark-t · · Score: 1
      Wrong.

      Copyright law governs copying. Nothing else. If you copy without permission, you violate copyright.

      Copyright Law contains an explicit exemption that permits you to copy for your own use. Copyright Law also defines your own use as meaning that you do not distribute any of the copies that you make to anyone else.

      Derivative works are governed by Copyright because they are, legally considered copies. However, you must still actually distribute said copies before Copyright Law can be made to apply.

      Likewise, if you modify something that was governed by copyright (and again, do not distribute it), even if you received no permission from the Copyright holder to do so, you cannot be held to have infringed on the copyright.

      Copyright does _NOT_ govern what you may do with a copyrighted work (DMCA-like laws notwithstanding), so long as you do not infringe on the copyright.

      So if you make a service publically available that is offered via a piece of software that you do not have the Copyright holder's permission to copy (because, for example, you changed an aspect of the code that the Copyright holder didn't want you to change), as long as you don't actually distribute any *COPIES* that you make (modified or unmodified, actually), the Copyright holder cannot do anything to stop you.

    8. Re:Not quoted in context ... by Anonymous Coward · · Score: 0

      I assume we're talking about U.S. copyright law here. The relevant paragraph is: http://www.copyright.gov/title17/92chap1.html#106

      This paragraph limits what you can do with the program. The exclusive right "to prepare derivative works based upon the copyrighted work" belongs to the copyright holder. Note how it says "prepare", not "distribute". Copyright law prohibits modifications to someone else's copyrighted works, unless you have obtained permission, in this case by accepting a license which specifically excludes removal of the download feature from the permission to modify. Paragraph 117 allows the creation of adaptions under certain circumstances, but the circumstances don't apply here.

    9. Re:Not quoted in context ... by mark-t · · Score: 1
      But according to Copyright Law if you don't actually ever distribute the copies, you *CANNOT* be held accountable for copyright infringement, even if the Copyright holder never gave you permission to copy them in the first place (because you already had the right to make copies for personal use because of explicit exemption in Copyright Law).

      You are right that Copyright doesn't cover distribution at all, but it's still the case that a person that is copying something without permission (including creating unauthorized derivative works) will be held accountable for copyright infringerment IF AND ONLY IF distribution of the copyrighted work actually occurs (because distribution is the only legally recognized mechanism by which the court will determine that copying was occurring for non-personal use).

    10. Re:Not quoted in context ... by Anonymous Coward · · Score: 0

      But according to Copyright Law if you don't actually ever distribute the copies, you *CANNOT* be held accountable for copyright infringement [...] because distribution is the only legally recognized mechanism by which the court will determine that copying was occurring for non-personal use

      That is incorrect. You say "according to copyright law". Please cite applicable law which supports your point of view. Writing in *CAPS* doesn't prove anything.

  12. GPL3? by gaanagaa · · Score: 1

    When did GNU release the GPL2?

    1. Re:GPL3? by geekster · · Score: 2, Informative

      I'd say around June 1991

    2. Re:GPL3? by Knuckles · · Score: 3, Informative

      Talk about hiding in a cave ;) Version 2 was released in June 1991. Version 1 was released in February 1989.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  13. GPL Lawers may come.... by Karma_fucker_sucker · · Score: 1
    You are about to have a multitude of posts responding to your post. Some of them will contradict each other. Hence, there will be a specialty of law for the GPL - one day.

    Reading the license, you'd think that there could only be one way to read it or at least, it's so simple that there couldn't be much disagreement. And yet, a bunch of folks will have a bunch of different opinions about the meaning of the license. Human nature - I guess.

    --
    Evil people don't think they're evil. - George Lucas, Making of Ep III
  14. Already got it by Phantasmo · · Score: 4, Funny

    Just downloaded and installed the beta. Feels much snappier than the last release.

    I'll keep you guys posted.

    --

    The US Army: promoting democracy through unquestioned obedience
    1. Re:Already got it by Anonymous Coward · · Score: 0

      It won't compile on my box...help!

    2. Re:Already got it by fbjon · · Score: 1

      Can someone host a torrent for this? It's inevitably going to be slashdotted...

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
  15. Services by Richard_at_work · · Score: 3, Interesting

    At last someone on the GPL 3 team has said something that belays my fears about Services and the GPL version 3. The fear was that they would force you to give users access to GPLed code you use when you provide a service - for example forum software. From the article, they talk about developers including an ability to have the service software offer the sourcecode, and the GPL protecting this particular part of the program but not forcing developers to include it in the first place. While this does stop the fears that you would have to provide the sourcecode for every bit of GPL code you use in your service, it does open the door for limitations on modifications in GPLed programs, similiar to invariant sections in the Gnu Documentation License, and Im not decided if this is a good approach or not.

    1. Re:Services by Anonymous Coward · · Score: 0
      it does open the door for limitations on modifications in GPLed programs

      That is not the way I read it. Given a function that allowed users to see the server-side sourcecode then any modification would have to retain the functionality. functionality != implementation

    2. Re:Services by mark-t · · Score: 4, Insightful
      As I've remarked elsewhere, this is not legally enforceable.

      Copyright only governs COPIES, not the services provided by those copies. If I am not distributing actual copies of the software (even if I may be distributing the service it provides), then copyright doesn't have any legal bearing, and the copyright holder can't legally force me to stop providing the service, even if I'm doing something he doesn't like (he could if I were to ever try to distribute the software as well, however). He is free, however, to politely *ASK* that I comply with his wishes, but it still has no legal weight.

    3. Re:Services by OpenServe · · Score: 1

      As I've remarked elsewhere, this is not legally enforceable. Copyright only governs COPIES, not the services provided by those copies.

      GPL and other EULAs are legal contracts. As such they can impose terms on the distribution and use of a copyrighted work that copyright itself does not require. (In order to have a valid license, you must either agree to them or negotiate with the author otherwise) How / what parts are legally enforceable is another matter of discussion. For example, we can be quite certain that the term "Jews may not use this software" would not legally enforceable because it is race discriminatory.

    4. Re:Services by mark-t · · Score: 1

      But in that case, a person would simply be in violation of a contract, not Copyright. This is an even muddier issue because there is already a very strong case to suggest that things like EULA's which do not require any sort of verbal or written consent of both parties in a case-by-case basis may be legally unenforceable.

    5. Re:Services by OpenServe · · Score: 1

      But in that case, a person would simply be in violation of a contract, not Copyright.

      Hmm.. I guess this is a question of whether it is a term for use or re-distribution. Most Open Source licenses, including GPLv2, don't say anything about use, only terms of allowed re-distribution. Any "services" clause would definitely be an attempt to limit use rights and could be a bad thing overall. I don't think that "software as a service" is widespread enough to warrant a controversial change in GPL. Those using this business model today are either too small to significantly fork Open Source code or are large enough (Google, etc.) to develop their own custom software instead.

      there is already a very strong case to suggest that things like EULA's which do not require any sort of verbal or written consent of both parties in a case-by-case basis may be legally unenforceable.

      I'd certainly be interested if you've got references. EULA terms of use are a double-edged sword if they are actually valid. On one hand, they are a potential (but dubious) means to fight software patents; on the other, they can be used to prevent reverse engineering or benchmarking of proprietary software, which would both otherwise be legal. And, of course, if EULA use terms are valid on software, what is to prevent their use on books or media? Indeed, we're better off without them being enforceable. Nevertheless, I don't see any reason why re-distribution terms would not be enforceable as they are directly related to the copyright itself.

    6. Re:Services by eraserewind · · Score: 2, Informative

      Really? insert software company here is free to ask you for money in return for using their software (with no redistribution). Is that not legally enforceable? The GPL2 is not a usage license, but there is nothing much to prevent a new licence (GPL3) from being one. What right would you have to have and use even one copy of the software without either purchasing the software, or obtaining it under license? I wouldn't consider any license that had such a clause to be particularly free, but I don't see how it could fail to be enforceable.

    7. Re:Services by mark-t · · Score: 1
      Acknowledged. But such situations are not governed by Copyright law, they are governed by contract law.

      Unfortunately, the GPL may not qualify as a legally enforceable contract, so it must rely, as it always has, on the existence of Copyright law (which won't govern usage).

    8. Re:Services by Minna+Kirai · · Score: 1
      GPL and other EULAs

      Bzzt, sorry, thanks for playing. The GPL is not an EULA. Since normal Slashdot readers (except for ad) already know this, by claiming that it is you have forfeited your right to be taken seriously on any subject for the next 23 posts.

      The GPL is a "License", but an EULA is (allegedly) an "Agreement". Quite different things: a license is a gift, but an agreement is a trade. Even the GPL text itself explains that it isn't an EULA:
      • Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted

      Since "running" the program is unrestricted, you can be an "end user" of the software without agreeing to (or even being aware of) the GPL. Therefore, the GPL is not an End User License Agreement.
  16. Incompetent reporter by Anonymous Coward · · Score: 2, Informative

    Federico Biancuzzi is just plainly incompetent on the subject of software licenses. See his old interview to RMS to see how often RMS must clarify basic issues to him, and misuderstands Biancuzzi's dumb questions. I'm not going to read TFA this time.

  17. don't knock ESR by Anonymous Coward · · Score: 0

    He *invented* open source software!

  18. Re:The GPL is dead, long live the BSD by 101percent · · Score: 1

    RMS has said that the real battle is non-free vs free not copyleft vs non-copyleft (aka BSD-style vs GPL).

  19. Re:guh by 101percent · · Score: 1

    Hey at least the man is consitent.

  20. Of course we don't need GPL by Anonymous Coward · · Score: 0

    GPL is not needed, GUNS are enough -and required- to protect the interest of the shareholders^Wprogrammers.

    1. Re:Of course we don't need GPL by Dogtanian · · Score: 4, Funny

      GPL is not needed, GUNS are enough -and required- to protect the interest of the shareholders^Wprogrammers.

      Eric? Is that you?! Please log in before you post, thanks.

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  21. Re:guh by Anonymous Coward · · Score: 0

    At least the man can spell.

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  22. Re:guh by MarkJenkins · · Score: 1

    The same old questions are obviously going to prompt the same old answers. List the questions in this interview that haven't been asked of RMS elsewhere.

  23. Code sharing... by oliverthered · · Score: 1

    Isn't the freedom to reuse the code one of the fundamental freedoms of the free software movement?

    GPL3 seems to make it impossible for a GPL 2 project to take code from a GPL 3 project. Many GPL projects (e.g. the Linux Kernel) keep copyrights assigned to the person or company who contributed the patch, so the kernel will not be able to use GPL 3 code potentially without the permission of every contributor to the kernel.

    --
    thank God the internet isn't a human right.
  24. No by swillden · · Score: 4, Insightful

    Recognizing the need for the GPL acknowledges the need for copyrights and/or IP laws. RMS is finally being consistent.

    RMS has always been very consistent on this point. In his view, copyright is a bad thing because it restricts freedom. He views the GPL as necessary because the bad thing exists, and has always described the GPL as a form of legal judo, fighting the enemy with his own strength.

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    1. Re:No by qbwiz · · Score: 2, Insightful

      But the GPL offers more protection to the original author than the lack of copyright laws would. If there were no copyright laws, then you wouldn't have to redistribute the source code and any modifications you made to it. A GPL in that vein would require that any derivative work based on the program would also have the GPL applied, and that the authors of the derivative and original works would allow anyone else to distribute those works (effectively, IANAL, etc).
      The GPL goes above and beyond that, and requires you to redistribute the source code. That is not merely the lack of copyright law.

      --
      Ewige Blumenkraft.
    2. Re:No by Dogtanian · · Score: 3, Insightful

      RMS has always been very consistent on this point. In his view, copyright is a bad thing because it restricts freedom.

      I realise the view is RMS's, and not necessarily yours. However, in a country where everything is permitted, except where it is explicitly prohibited, doesn't every law "restrict freedom" in some manner?

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      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    3. Re:No by swillden · · Score: 1

      But the GPL offers more protection to the original author than the lack of copyright laws would.

      Absolutely. But then I think copyright is a good thing, even if its current implementation is horribly out of balance.

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    4. Re:No by swillden · · Score: 1

      I realise the view is RMS's, and not necessarily yours. However, in a country where everything is permitted, except where it is explicitly prohibited, doesn't every law "restrict freedom" in some manner?

      Yes, and I probably should have been more precise about what I understand his views to be. Read his writings and you'll find that "copyright is a bad thing because it restricts freedom" is a gross oversimplification and one that he almost certainly wouldn't make. He tends to be very precise, even pedantic, in his expression. I think I gave the best 10-word summary possible, though.

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    5. Re:No by aardvarkjoe · · Score: 2, Interesting
      But then I think copyright is a good thing,
      Yes, but RMS doesn't, and it was his supposed inconsistancy that the person responded to was talking about.

      However, my understanding is that RMS would like to not only get rid of copyright law, but create new laws that would essentially enforce releasing source code along with binaries. If that's the case, then his support of the GPL and opposition to copyright laws is not neccessarily inconsistant.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    6. Re:No by swillden · · Score: 2, Insightful

      However, my understanding is that RMS would like to not only get rid of copyright law, but create new laws that would essentially enforce releasing source code along with binaries.

      Yes, I think that's his position.

      Mine, BTW, is that we should keep copyright law (reigned in a bit), but make publication of source code a prerequisite for obtaining copyright protection. If you don't want to publish your source, you should have that option, but since you are defeating the purpose of copyright (which is to enlarge the public domain), you shouldn't benefit from it. You can always rely on contract and trade secret law to protect your software.

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    7. Re:No by anthony_dipierro · · Score: 1

      If you don't want to publish your source, you should have that option, but since you are defeating the purpose of copyright (which is to enlarge the public domain), you shouldn't benefit from it.

      Well, besides the fact that the purpose of copyright is not to enlarge the public domain, but to give incentives to authors to create works, copyright was never intended to be used for software in the first place. Software is the description of an algorithm, if anything it should be covered by patent laws, not copyright laws.

    8. Re:No by anthony_dipierro · · Score: 1

      The GPL goes above and beyond that, and requires you to redistribute the source code. That is not merely the lack of copyright law.

      I agree with you, and this is where I personally part with the views of RMS. Kudos to him for popularizing the copyleft (AFAIK he didn't invent the concept), but I'd rather see software protected by CC-BY-SA, or something even less restrictive.

    9. Re:No by dmaxwell · · Score: 1

      Copyright was intended to do both from the start. Very very little is truly completely and utterly original. The idea is that the creator of a work gets the first opportunity to profit from his work. Once he has had the chance to exercise that opportunity those ideas are then free to inspire the next generation of works. Disney profited extremely well from the public domain in it's early years but is now its most deadly enemy.

      If copyrights last forever then it is only a matter of time before the right to even have an idea in the first place is concentrated in the hands of the very few. After all, the instant someone does create some "new" work, an existing large copyright holder can always mine his extensive repositories for works resembling the new one and use it a legal bludgeon to steal it. Where is the incentive in that?

    10. Re:No by runderwo · · Score: 1
      Well, besides the fact that the purpose of copyright is not to enlarge the public domain, but to give incentives to authors to create works
      The purpose of copyright WAS to do both, back when copyright terms were 14 years. Now, the public domain and copyright are orthogonal, at least in the scope of our lifetimes - leaving only the half of the deal that provides incentive to creators at public expense (freedom and enforcement costs).

      Is eternal copyright and special police powers for creators worth what we get in return? Especially considering the demonstrated chilling effects on both commercial and hobbyist innovation. That is a question we will only be able to answer in retrospect, because the current trend shows no signs of slowing.

    11. Re:No by anthony_dipierro · · Score: 1

      The purpose of copyright WAS to do both, back when copyright terms were 14 years.

      Do you have any references to back up that assertion?

      Is eternal copyright and special police powers for creators worth what we get in return?

      Personally I'm opposed to all copyright laws, so of course my answer is "no".

    12. Re:No by anthony_dipierro · · Score: 1

      Copyright was intended to do both from the start.

      Maybe you could provide a reference for that, because I've always been under the impression that this was an urban legend. The constitutional purpose, of course, is "to promote the Progress of Science and useful Arts", not to enhance the public domain.

      If copyrights last forever then it is only a matter of time before the right to even have an idea in the first place is concentrated in the hands of the very few. After all, the instant someone does create some "new" work, an existing large copyright holder can always mine his extensive repositories for works resembling the new one and use it a legal bludgeon to steal it.

      You're confusing copyrights with patents. Copyrights don't cover ideas, and if you independently come up with something without having copied it from somewhere else, then you are not violating copyright law.

    13. Re:No by dmaxwell · · Score: 1

      Maybe you could provide a reference for that, because I've always been under the impression that this was an urban legend. The constitutional purpose, of course, is "to promote the Progress of Science and useful Arts", not to enhance the public domain.

      Then why didn't they last forever from the start? Why are copyrights secured for "a limited time" then? Before that SOB Bono wrapped himself around a tree, he was on record as wanting copyrights to last forever. My point was that you don't need patents if copyrights last forever. And anyway patents just cover "inventions". Infinitely extended copyright plus a large body of work and money to pay lawyers allows you to own all ideas period.

      Various "similarity tests" can be employed and twisted if one owns a sufficiently large corpus of work. This is especially sinister when applied to music as the number of chord and note progressions that sound pleasant is limited. There is already a court precedent somewhere that says 4 notes of similarity suffices to establish a work as infringing. It would be very easy for any of current recording companies to abuse this into owning all Western music as most combinations of four notes are to be found in their libraries.

      Also it would appear that Thomas Jefferson at the very least very much intended copyrights to be limited to prevent just such a scenario:

      http://users.vnet.net/alight/jefferson.html

    14. Re:No by anthony_dipierro · · Score: 1

      Then why didn't they last forever from the start? Why are copyrights secured for "a limited time" then?

      The theory was that the benefits of copyright outweigh the detriments when they are secured for limited times, but that the benefits do not outweigh the detriments when they are secured for unlimited times.

      My point was that you don't need patents if copyrights last forever.

      I don't understand what you're saying. You don't need patents at all.

      And anyway patents just cover "inventions". Infinitely extended copyright plus a large body of work and money to pay lawyers allows you to own all ideas period.

      Again, copyright doesn't cover ideas.

      Various "similarity tests" can be employed and twisted if one owns a sufficiently large corpus of work.

      Similarity is irrelevant if the work wasn't copied. You can produce an identical work to one copyrighted and it's perfectly fine if you came up with that work independently.

      There is already a court precedent somewhere that says 4 notes of similarity suffices to establish a work as infringing.

      You're either completely wrong about that or you're misinterpreting something.

      Also it would appear that Thomas Jefferson at the very least very much intended copyrights to be limited to prevent just such a scenario:

      His main argument here is "that the earth belongs in usufruct to the living; that the dead have neither powers nor rights over it." I'm not sure how you're relating those quotes to "just such a scenario". Maybe you're confusing the fact that every copyright is a grant of a monopoly, regardless of the scope of the copyright grant.

    15. Re:No by swillden · · Score: 1

      Well, besides the fact that the purpose of copyright is not to enlarge the public domain, but to give incentives to authors to create works

      Saying the purpose of copyright is not to enlarge the public domain, but to provide incentives for creation/publication is like saying the purpose of an engine is not to move the car but to rotate the crankshaft. Madison, Jefferson, Franklin, etc., did not subscribe to the "natural law" theory of copyright, which holds that an author's work "naturally" belongs to him and should therefore be controlled by him. In Jefferson's well-known words:

      If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it

      No, the authors of the US Constitution understood copyright to be an exchange... a temporary monopoly granted by society in order to ensure the broad distribution of works, in order that the public domain may be enriched. Society voluntary gives up for a period of time its "natural" rights to absorb and manipulate expressions in whatever way it sees fit, in exchange for increasing the amount of work flowing into the public domain. The increased flow of work to the public was expected to (and did) "promote the Progress of Science and useful Arts".

      The bedrock purpose of late 18th-century copyright was to grow the public domain and thereby promote progress. Previous incarnations had been primarily aimed at, first, censorship, and later breaking stationers' monopolies, but US copyright was all about benefitting society.

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    16. Re:No by runderwo · · Score: 1
      Do you have any references to back up that assertion?
      Uh yeah, go look at the Constitution and read the opinions of the founders in the Federalist papers.
      Congress shall have Power: To Promote the Progress of Science and useful Arts, by securing, for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries
      The exclusive right is supposed to be a means to an end, not the end itself. Today, it is the end.
      Personally I'm opposed to all copyright laws, so of course my answer is "no".
      If you can find a way to make patronage work in the modern world, I'm certain many people would be interested. Until then, I am of the opinion that we should fix what is broken with copyright, not throw it out.
    17. Re:No by Anonymous Coward · · Score: 0

      Offering "protection to the original author" is not one of the goals of the GPL. Furthering freedoms of users to copy, modify, distribute are its goals.

    18. Re:No by gowen · · Score: 1
      doesn't every law "restrict freedom" in some manner?
      The problem is the idea of unrestricted freedom is a nonsense in any country with two or more residents. As the old saying goes: "The freedom to swing your fist stops at the beginning of my nose." One of the more embarrasing things about reading discussions by many FOSS advocates (not RMS, incidentally) is that they seem to believe that "freedom" is an absolute, and a well defined absolute at that. Most of the tedious bickering between GPL and BSD group stems from each camp's belief that their idea of freedom is the one true definition.
      --
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    19. Re:No by Dogtanian · · Score: 1

      The problem is the idea of unrestricted freedom is a nonsense in any country with two or more residents.

      Absolutely. I've had this discussion previously on Slashdot, where I pointed out that if you take 'freedom' to the extreme, you have a situation where everyone can do what they like. You can't restrict the consequences, because that would possibly imply restricting someone else's freedom to do what *they* like.

      So, in essence, everyone is free to do what they like (e.g. break the law), and everyone else is free to do what they like to that person (e.g. lock them up for breaking the law).... which is the same situation in *every* human society out there. Everyone is "free" in this meaningless sense.

      And the "fist" definition sounds *sooooooo* simple.... until you realise that it is where most of the conflict lies. Where can I put my nose? Where can you swing your fists? When is it not reasonable to stick my nose near your swinging fists?.... yadda yadda...

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    20. Re:No by anthony_dipierro · · Score: 1

      Saying the purpose of copyright is not to enlarge the public domain, but to provide incentives for creation/publication is like saying the purpose of an engine is not to move the car but to rotate the crankshaft.

      No it's not. It's like saying reason I bought Windows is because I wanted to use an operating system, not because I wanted free software. Copyrighted works are not in the public domain. The purpose of copyright is to provide incentives for works. Yes, those works will eventually be in the public domain, but that's not the purpose.

      Madison, Jefferson, Franklin, etc., did not subscribe to the "natural law" theory of copyright, which holds that an author's work "naturally" belongs to him and should therefore be controlled by him.

      Nor did I say they did.

      No, the authors of the US Constitution understood copyright to be an exchange... a temporary monopoly granted by society in order to ensure the broad distribution of works, in order that the public domain may be enriched.

      Well, I suppose if you repeat it enough times you'll believe that it's true.

    21. Re:No by anthony_dipierro · · Score: 1

      If you can find a way to make patronage work in the modern world, I'm certain many people would be interested. Until then, I am of the opinion that we should fix what is broken with copyright, not throw it out.

      It already does work. Look at the Free Software Foundation. Look at Wikipedia. People are going to create works whether you offer them copyright or not. Yes, these works are still copyrighted, but realistically that copyright is meaningless. The revenues these organizations obtain are based on donations, not licensing agreements. There's no reason to believe that in the absense of copyright law the revenues would go away. In fact, they'd only increase.

    22. Re:No by N3wsByt3 · · Score: 1

      "The theory was that the benefits of copyright outweigh the detriments when they are secured for limited times, but that the benefits do not outweigh the detriments when they are secured for unlimited times."

      And why would that be, if it was not intended to go into the public domain, after that limited time? If your reasoning is that copyright promotes scientific (etc.) progress, then unlimited copyright would promote science unlimited, thus there would be no drawbacks.

      The drawback lies herein, that the fullest potential of 'scientific progress' is done when it is in the public domain, because then everyone can use the idea/story/program etc. and build upon it unrestricted. Thus 'to promote the arts and scientific progress' already implies that it should become public domain.

      As you correctly note, there are some benefits, especially for the original author, to provide a limited copyright-time, as -at least according to current dogmatic theory - this makes it possible for the author to live of his work and thus have an incentive to create other works as a consequence.

      Nobody doubted, when the founding fathers set their mind to it, that after 14 years (+ a possible extension for another 14 years) those copyrighted works would become public domain. Acting as if this isn't true is a bit silly.

      --
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    23. Re:No by anthony_dipierro · · Score: 1

      And why would that be, if it was not intended to go into the public domain, after that limited time?

      You're acting like the public domain is some artificial creation of copyright law. It's actually the opposite, the public domain is where works are in the absense of copyright law. Copyright doesn't put things into the public domain, it takes things out of it.

      If your reasoning is that copyright promotes scientific (etc.) progress, then unlimited copyright would promote science unlimited, thus there would be no drawbacks.

      First of all, it's not my argument. I don't agree that we should have copyright law in the first place. But I do agree that copyright law does occassionally cause incentive for some works to be created. At the same time, it causes drawbacks for those works which would have been created even without copyright law.

      Now your statement above causes two big errors. You translated "causes incentive for the creation of new works" into "promotes scientific progress". Creation of new works alone is not necessarily progress, if those works aren't distributed. You're also using the word "unlimited" in completely different ways. In the first, you're using it to modify the length of time of the copyright. In the second, you're using it to modify the amount of "scientific progress". If you translate the statement back to causing incentive for the creation of new works, you'll see why the relationship is not direct. The relationship between the length of copyright protection offered and the amount of new works created is closer to logarithmic than to linear. There are very few works that are going to be created if copyright lasts 1000 years that wouldn't be created if copyright lasts 100 years.

      The drawback lies herein, that the fullest potential of 'scientific progress' is done when it is in the public domain, because then everyone can use the idea/story/program etc. and build upon it unrestricted.

      So why have copyright at all?

      Thus 'to promote the arts and scientific progress' already implies that it should become public domain.

      So, by your argument, if copyright were indefinite, all scientific progress would cease?

      Nobody doubted, when the founding fathers set their mind to it, that after 14 years (+ a possible extension for another 14 years) those copyrighted works would become public domain. Acting as if this isn't true is a bit silly.

      I'm not acting as if this isn't true. Not at all. But then again, what was the average lifespan 200 years ago?

    24. Re:No by runderwo · · Score: 1
      By what mechanism would you compel authors to release their source code if it weren't for the combination of copyright and the GPL? They're going to do it out of the goodness of their hearts? No, more likely the binaries would become even more "black box" than before to protect them from prying eyes. You can copy all you want, but you're still dependent on the company to add features and support their software.

      Look around the software market today. It is comparatively rare that companies can make money off GPL software, and even more rare that they can make money off software that has no strings attached. In a world without copyright, all software has no strings attached. The profit stream has got to come from somewhere, so it will tend towards the only remaining options: patents and secrecy.

    25. Re:No by anthony_dipierro · · Score: 1

      By what mechanism would you compel authors to release their source code if it weren't for the combination of copyright and the GPL?

      There's always reverse engineering.

      They're going to do it out of the goodness of their hearts?

      A lot of people will, yes. A lot of others will do it because it's much easier to contribute back your changes and let others merge them in than to keep your changes hidden and merge them back with every single new release of the base product.

      No, more likely the binaries would become even more "black box" than before to protect them from prying eyes. You can copy all you want, but you're still dependent on the company to add features and support their software.

      Like I said, in extreme situations there's always reverse engineering. Binaries might become even more black box, but reverse engineering techniques will become much more widespread. But c'mon, most free software projects are run by individuals and/or non-profit organizations, not by for-profit corporations. These projects aren't distributing the source because they have to, they're doing it because they want to. Will some companies come up with innovative products that are based on open-source software, and protect those products with DRM and not releasing the source? Of course they will, but I don't see that as a bad thing. If the closed-source product really is that much better, then the company deserves to make *some* profit off of it. Eventually open-source will catch up, and it'll happen a lot quicker when reverse engineering and copying closed-source products is legal.

      Look around the software market today. It is comparatively rare that companies can make money off GPL software, and even more rare that they can make money off software that has no strings attached.

      You see that as a good thing? I see it as a bad thing. There's nothing wrong with adding value to something that's free and making a profit.

      In a world without copyright, all software has no strings attached. The profit stream has got to come from somewhere, so it will tend towards the only remaining options: patents and secrecy.

      Well, I'd certainly like to see software patents eliminated too :).

  25. GPL problems show Open Source Movement is by BrentRJones · · Score: 2, Interesting

    fragile. Maybe the GPL needs to be simpler, not more complex.

    --
    Help end the use of Sigs. Tomorrow
    1. Re:GPL problems show Open Source Movement is by mabhatter654 · · Score: 1

      In many ways this is SIMPLE!! There are issues now that weren't around in '91. RMS is attempting to address some of them with GPL3. It's always better to have this stuff in writing than trying to Ask Slashdot to figure it out!!!

  26. Are you trolling? by Anonymous Coward · · Score: 2, Insightful

    Try *reading* the GPL. Its pretty much as simple as could be. It's way simpler than Microsoft's EULAs for example, even though the GPL gives you some freedoms and the EULAs just restrict your rights.

  27. Where GPL ends and propriety can start? by Iloinen+Lohikrme · · Score: 1

    What I would like to see in the next version of GPL is definition and terms of usage on when a program is linking to a GPL code and when it's using it as a service. In example if you use only MySQL, which is GPL, as database for you application, MySQL has defined this as linking, so making your own application also GPL. The thing goes complicated because developers of PostgreSQL haven't seen the matter as same. So in my intepretion I could use PostgreSQL as my database but not MySQL...

    To clarify. If I would use MySQLs code or directly call it's classes then my application should be covered by GPL. But when I'm issuing SQL-commands via JDBC my application should not be covered by GPL. As a developer and a found of startup I would really like to have clarification to my issues...

    P.S. In my case I solved the situation by making my application work with several different databases, that isn't linking anymore, it's using a services.

    1. Re:Where GPL ends and propriety can start? by Knuckles · · Score: 3, Interesting
      I would really like to have clarification to my issues...

      Ask the FSF's compliance lab:
      The GPL Compliance Lab maintains resources for Free Software developers and others to learn about licensing. Members of the Free Software community are encouraged to consult with the FSF regarding licensing issues. However, before contacting the FSF please be sure to have reviewed the GPL FAQ before emailing us.

      The Compliance Lab also makes its services available by paid consultation, allowing businesess to access our unique expertise. These consultation services include a software certification program which is explained in detail here.
      And OT, when has the FSF revamped their website? Nifty.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    2. Re:Where GPL ends and propriety can start? by Homology · · Score: 2, Interesting
      In example if you use only MySQL, which is GPL, as database for you application, MySQL has defined this as linking, so making your own application also GPL.

      Then access your MySQL database over TCP/IP or a socket. No linking involved at all, thus no problem with GPL.

    3. Re:Where GPL ends and propriety can start? by KarmaMB84 · · Score: 1

      MySQL even thinks that using ODBC should make your application GPL...somehow. What they really want is to be paid large bags of cash though.

    4. Re:Where GPL ends and propriety can start? by game+kid · · Score: 1
      However, before contacting the FSF please be sure to have reviewed the GPL FAQ before emailing us.

      In other news, FSF's secret affiliation with the Department of Redundancy Department revealed. Film at 11.

      --
      You can hold down the "B" button for continuous firing.
    5. Re:Where GPL ends and propriety can start? by Anonymous Coward · · Score: 0

      You can do this with the MySQL client libraries, of course. They used to be LGPL, but then MySQL AB realized this loophole in their licensing scheme so relicensed them to GPL (coupled with some authentication changes in 4.1, this means the older LGPL clients can't connect to an account with a password unless you change some settings on the server). So... you'll still be linking to the client libraries. Unless you had in mind to write your own?

    6. Re:Where GPL ends and propriety can start? by Anonymous Coward · · Score: 0

      MySQL even thinks that using ODBC should make your application GPL...somehow. What they really want is to be paid large bags of cash though.

      Yes, and they want big bags of cash for a product that is inferior to PostgreSQL. It's amazing that so many uniformed fools use the overly restrictive peice of garbage.

  28. ESR by rnd() · · Score: 1

    Of course ESR doesn't think the GPL is necessary. I'm surprised he ever thought it was necessary, since it is a contract defining the terms of use of property, a concept he doesn't believe ought to apply to software. ESR's stance is anti-property, and what good is a contract about property when that code you just wrote doesn't belong to you?

    --

    Amazing magic tricks

    1. Re:ESR by Anonymous Coward · · Score: 0

      What are you talking about? The GPL is a copyright license designed to protect software, neither contracts or property have anything to do with it.

    2. Re:ESR by rnd() · · Score: 1

      Wrong. If software is not property, what right do you have to control its distribution with some kind of license agreement like the GPL? It's not property so it's not your property to control! You can't have your cake and eat it. If it's property, the creator can control the terms of its use and distribution; if it's not property, nobody can.

      --

      Amazing magic tricks

    3. Re:ESR by Russ+Nelson · · Score: 1

      Did you mean RMS? Eric Raymond's stance is more properly stated as "proprietary software tends to be lower in quality then open source software."
      -russ

      --
      Don't piss off The Angry Economist
    4. Re:ESR by rnd() · · Score: 1

      Yeah, I think I did..

      --

      Amazing magic tricks

    5. Re:ESR by tommck · · Score: 1

      If you don't know that, you shouldn't be reading Slashdot :)

      Eric Raymond... Google for him.

      T

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    6. Re:ESR by Anonymous Coward · · Score: 0

      If software is not property, what right do you have to control its distribution

      You have ... wait for it ... COPYRIGHT!

      If it's property, the creator can control the terms of its use and distribution; if it's not property, nobody can.

      False dichotomy. Control can exist in the absence of property.

      Because software can be used by unlimited numbers of people without impairing the other users, it is by definition not property. Look up "non-rivalrous" in your law dictionary for more explanation.

    7. Re:ESR by rnd() · · Score: 1

      ich don't think so. There may be a historical legal distinction to be made, but property is about control, so in my book if you can control it it's essentially property. To illustrate, if you give me $1M to control as I see fit I'll be just as happy as if you gave it to me as my own property.

      --

      Amazing magic tricks

  29. ESR, GPL, RMS, GNU! by Anonymous Coward · · Score: 4, Funny

    WTF?

  30. There are no moral absolutes by Anonymous Coward · · Score: 0

    There are no moral authorities or absolutes. The only "right" comes from the ability to use force, deadly force if necessary, to get to your goal. That's what you open source hippies are not getting here.

    1. Re:There are no moral absolutes by Anonymous Coward · · Score: 0

      Just because you are a moral relativist doesn't mean that everyone is. Have some respect for other people's views. (he he)

      Might makes right is an interesting idea. Which is stronger, 100 record executives or 10,000,000 copyright pirates?

    2. Re:There are no moral absolutes by Anonymous Coward · · Score: 0
      You are an idiot. Right != impose your will on others. You can only impose your will on others by force. Though somehow religious idiots manage to get the flock moving against their own good anyway. But that's usually through the threat of force, right? At the end of the day there really isn't a difference for cowards so I'll count it as force.

      Which is not to say that there is right, wrong, good, bad, evil, whatever. There is detrimental to the well-being of living things and there is not detrimental. If you're going to try and go for "moral relatism" at least do it fucking right.

      And for one of the siblings who said, "Just because you are a moral relativist doesn't mean that everyone is. Have some respect for other people's views." Grow the fuck up. Morality exists only as a standard of "good" or "right" (read: correct) conduct. If this standard is based on anything other than at the very least a minimum standard of well-being for everyone then it is meaningless. There is no absolute "right" and "wrong" and it's way past time that we move past such a childish worldview.

    3. Re:There are no moral absolutes by inode_buddha · · Score: 1

      Your right ends where my nose begins.

      --
      C|N>K
    4. Re:There are no moral absolutes by Anonymous Coward · · Score: 0

      And my left ends where your ear begins.

  31. Is questioning trolling? by BrentRJones · · Score: 2, Interesting

    I know the GLP having read it. I question why ver. 3 will actually help keep code freely available.

    --
    Help end the use of Sigs. Tomorrow
  32. GNU is too political. by jellomizer · · Score: 2, Interesting

    The problem with GNU and the proposed GNU 3 is that is is getting more and more political, and more of the politics are getting further away from just Open Source. Things like preventing GNU software to use DRM, and certon rules on pattents. While we can debate these are things are good or evil, as for as I see it shouldn't matter if it is GNU or not, if this keeps on growing, then there will be restrictions on if we use the GNU program for warfare, or in a government that we don't like. Keep the GNU Simple that is the only way to keep GNU goodness, when you keep on adding restrictive clauses it will become more and more evil.

    Yes people will use GNU software the way you didn't want them too. This is part of making a license.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:GNU is too political. by mabhatter654 · · Score: 1
      For starts It's not the GNU that's causing the problems... it's lawyers... they're just trying to fix um.

      Let's start, they MUST include something about DRM. It's becomming certian all next-gen PC hardware will include some form of hardware level DRM. How will open source run on hardware that expects an encrypted key? RMS only additon on that front is to require those providing binaries to include means with the source to compile the program and have it run. It's a bit pre-emptive, but definately in-line... other wise we'll have OSS, but nothing legal to run it on!! The solution is a "poison pill" so that a large company like say MS can't include binaries of GPL'd stuff but not allow you the user to compile it!

      The restrictions on patents are necessary too. Patents aren't like copyright... software patents are even worse than normal patents. Patent legal cases include no provision for "fair use" like copyright. If you accididentaly use somebody's patent, they can sue you... even for your own use. Some unscruplulous company could release a GPL'd program everybody wants then come back next year and sue them all for not being licensed to use their patents. RMS doesn't have any say in why this is happening but would be foolish for GPL 3 not to address it. This way, anybody who distributes a GPL'd program will have given you permission to use their patents in that program. it's not accross the board rights, but at least anybody using that code under GPL won't be sued!!!

      Like I said, It's not RMS that's making this stuff up, that would be the lawyers!! But he has to include this stuffin the next GPL or he's doing us all a disservice.

  33. Smells like FUD to me by ObsessiveMathsFreak · · Score: 1

    In example if you use only MySQL, which is GPL, as database for you application, MySQL has defined this as linking, so making your own application also GPL. The thing goes complicated because developers of PostgreSQL haven't seen the matter as same. So in my intepretion I could use PostgreSQL as my database but not MySQL

    I'm obviously not a lawyer, and I really haven't delved deeply into the GPL, but I instinctivly know that what you're suggesting is plain wrong.

    The GPL says nothing about the data the program handles, either as a service or some file i/o or whatever. The scenario you're suggesting is highly analougous to the GPL on Apache meaning you can only host GPL'ed webpages and content, and can only serve webpages to GPL'ed browsers like firefox.

    Defining sending requests to a service as linking to the program is a pretty far stretch by any definition. Again, if that's the case, every program I run is "linked" to my kernel, and any program that connects to a remote Apache server is also "linked" to it somehow.

    OK, maybe the boys at MySQL have been spreading, intentionally or otherwise, little white lies about their licence. I doubt it, but even if they were, you can tell them to shove it. The GPL (currently) affects the source code only (as I shallowly understand it).

    This is like those stories of lawyers who glance over the GPL and declare that any data outputted by it is automatically GPL'ed and must be shared. FUD! And people pay money for these guys!?

    There's only one real restriction with GPL software. You are restricted from restricting access to the source code.

    --
    May the Maths Be with you!
    1. Re:Smells like FUD to me by mabhatter654 · · Score: 1

      The issue is with their provided connector. If you set up their database and use the APIs to connect to the DB they're demanding GPL. Of course the issue is moot if you use generic ODBC SQL to connect but then you may have performance problems in large installations.

    2. Re:Smells like FUD to me by Tony+Hoyle · · Score: 1

      If you stick to the mysql 3.23 client you're OK... that has limitations (no prepared statements, for example) for is less of a legal minefield.

      Unless you're 100% GPL or extremely rich ($300 per client for the full commercial license.. I had 2.5 million (free) downloads last year - I'd owe Mysql 7.5 *billion* dollars if I'd used mysql4 (I'm mostly LGPL so can't use the GPL client)).

  34. WTF? GNU was always political! by Anonymous Coward · · Score: 3, Insightful

    GNU was always about the 'Free Software' ideal, NOT Open Source... get it right!

  35. ESR is wrong; per the usual by I_redwolf · · Score: 5, Insightful

    The GPL is an anchor of freedom. It has nothing to do with technical merits of ones software. It has everything to do with making software freely available and open in communal fashion. I'd like to think of the GPL as a digital library of function; with protection for not only the developer but the user. Similar to fountains of knowledge that have existed through out history allowing human-kind to prosper. It should be noted that all communes and libraries of the past that operated as a hub of knowledge have been almost entirely destroyed with few exceptions. I find it hard how one would do this with the digital medium but moving along.

    ESR seemingly doesn't understand that if it was simply about technical merit and time. In another 20 years we'll look back and it'll be a different story. Isn't history one of ESR's strong points? Here is another reason why ESR can't be coined as a forefront in opensource or what we all deem to be some form of movement. His views are totally not inline with freedom and freedom is what this is about. You release under GPL as a form of solidarity? How about in the future you refrain from releasing under the GPL and release under the license that you think is best. Solidarity and cowardness go hand in hand when you're in the minority.

    RMS on the other hand needs to learn that one can't force freedom. You can only protect it and the primary goal should be protection for the user and developer. The external parties should not matter beyond that. If they benefit in fashion from the GPL then one should not prevent that. This doesn't mean that the GPL should never change; I have faith that RMS will learn better to adapt the GPL to current environments as well as forseeing the road ahead.

    None the less my personal views are that RMS is a leader and ESR as a mumbling imbecile and sideliner. As much as people dislike RMS and fight and rally against him. He never sidelines and he never stands in solidarity with a position he disagrees with. He stands firmly in his belief for freedom and provided the framework on which I make my living, how I learned to make my living and how I even enjoy myself every now and then.

    So, unlike the rest of you; after I pickup my girl from the airport i'll have a beer in the name of RMS. Cheers; and thanks.

    1. Re:ESR is wrong; per the usual by Dogtanian · · Score: 3, Insightful

      None the less my personal views are that RMS is a leader and ESR as a mumbling imbecile and sideliner.

      Ever since he started skewing the Jargon File towards his own political beliefs (over-extending the hacker ethic to cover his 'libertarian' views, which if it was ever entirely true- dubious- certainly *doesn't* represent every hacker nowadays), I got the impression that ESR wants to give the *impression* that every hacker and supporter of free software is behind him and his views, as opposed to actually getting them onside. Or- and there may be some truth in this- perhaps he actually believes that he's more representative than he actually is.

      I'm not going to deny his contributions (both in code and support) to the open source movement, but that's more than offset IMHO by his egotism and partisan nature.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    2. Re:ESR is wrong; per the usual by Anonymous Coward · · Score: 0

      RMS claims he's a Libertarian? That's funny considering his support for socialist, Big Government nanny Ralph Nader a while back. Bill Maher did the same thing when he still had his show, and everyone just laughed at him and saw right through his guise.

    3. Re:ESR is wrong; per the usual by Anonymous Coward · · Score: 0

      No, ESR claim to be a libertarian.

  36. I need a PDA by Anonymous+Writer · · Score: 0, Offtopic

    I was planning on getting a Treo and setting it up with a Socket Communications barcode reader to explore that kind of functionality in a PDA. I hope they don't outright kill the Palm OS on their devices but rather carry both. I'd like to have an alternative to Microsoft when trying out those kinds of device setups. I keep coming across hardware I want that only works with Windows, like mobile phones and sheet-feed scanners, and it is frustrating.

    Years ago, I had a top-of-the-range Toshiba laptop that came with Windows 95. When I upgraded to Windows 98, all of a sudden, the power management got all screwed up. To turn the machine off, I had to Shutdown, wait for it to hang, unplug the AC power adaptor, and pull out the battery. This was extremely frustrating, considering it wasn't exactly an obscure brand that was unsupported. Because of those kinds of experiences, I would really like to use another company's product.

    Yes, there were things about their products that I did like. Despite the major security problems that came with it, I did like the whole COM thing from a development perspective. Being able to use the same controls in Access, Visual Basic, Visual C++, and Internet Explorer did have a nice consistency. And I don't recall having problems with my Palm on Windows the way I do now on OS X. If anything happened to your computer, all your PIM data was backed up on the Palm, so all you had to do was re-install the system and hit a button to restore it on the computer. But on OS X, I've had the computer wipe the data from my Palm when I did clean OS upgrades. They also managed to include programs along with their main products that helped you do more, like a graphics application that came with Office which was useful for web design. On the Macintosh, it seems like it costs much more to do really basic web design compared to Windows.

    But that power management thing was really a bitch to deal with. I couldn't believe that any company would be so incompetent as to cripple a computers ability to simply turn off. The security problems were also unbearable. Allowing remote code to install itself on your computer automatically was just pure brainlessness. I can recall that there was an exploit in which an attachment could open itself up automatically in the preview pane in Outlook Express, and I had read about it as a proof-of-concept security hole possibly a year or two before virus writers actually started using it. The fact that a company would allow a common-knowledge exploit to go unpatched for so long was ridiculous. I've seen friends who's jobs depended on their computers lose all their data because of exploits like that.

    So in the end, I opted for a more expensive computer setup that had less third-party hardware support, but could turn on and off like a television and actually allow me to do other things instead of having to constantly patch and implement work-arounds for newly discovered exploits. I got a computer I could use rather than one I had to maintain. Maybe things have been different since, but I think that it is just a fundamental issue that consumers have alternatives when piecing together computer systems.

    1. Re:I need a PDA by Anonymous+Writer · · Score: 1

      Um... I think I hit "Reply" on the wrong story (shit, I'm so fucking embarrassed)- this was supposed to be submitted to the Palm Treo WinCE story!

    2. Re:I need a PDA by lasindi · · Score: 1

      I was planning on getting a Treo and setting it up with a Socket Communications barcode reader to explore that kind of functionality in a PDA. I hope they don't outright kill the Palm OS on their devices but rather carry both. I'd like to have an alternative to Microsoft when trying out those kinds of device setups. I keep coming across hardware I want that only works with Windows, like mobile phones and sheet-feed scanners, and it is frustrating.

      I agree, that is why GPL 3 should -- wait. Perhaps you meant to post here??

      --
      I have discovered a truly remarkable proof of this theorem that this sig is too small to contain.
    3. Re:I need a PDA by Anonymous+Writer · · Score: 1

      Yup, it doesn't matter how many times you hit "Preview" if you're typing your comment in the wrong tab.

  37. Misunderstanding about Apache licenses by pauljlucas · · Score: 5, Interesting
    From TFA:
    We often hear that some 70 percent of web servers use Apache; what we don't hear is that a large fraction of those servers are using a nonfree modified version of Apache, as permitted by the Apache license.
    Those servers could equally well use modified versions of Apache even if Apache were under the GPL. The GPL comes into play only if you distribute your modified versions of Apache. If you keep your changes in-house, the whole issue is moot.
    --
    If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    1. Re:Misunderstanding about Apache licenses by Stalyn · · Score: 1
      from the GNU GPL FAQ

      Q:A company is running a modified version of a GPL'ed program on a web site. Does the GPL say they must release their modified sources?
      A:The GPL permits anyone to make a modified version and use it without ever distributing it to others. What this company is doing is a special case of that. Therefore, the company does not have to release the modified sources.

      It is essential for people to have the freedom to make modifications and use them privately, without ever publishing those modifications. However, putting the program on a server machine for the public to talk to is hardly "private" use, so it would be legitimate to require release of the source code in that special case. We are thinking about doing something like this in GPL version 3, but we don't have precise wording in mind yet.

      In the mean time, you might want to use the Affero GPL for programs designed for network server use.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    2. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1
      Yes? So? The FAQ says:
      We are thinking about doing something like this in GPL version 3 ...
      which means it's not in the present version of the GPL.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    3. Re:Misunderstanding about Apache licenses by Stalyn · · Score: 1

      heh, the post was to support your comment. maybe i should have said that.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    4. Re:Misunderstanding about Apache licenses by fabioaquotte · · Score: 1
      Those servers could equally well use modified versions of Apache even if Apache were under the GPL. The GPL comes into play only if you distribute your modified versions of Apache. If you keep your changes in-house, the whole issue is moot.

      He said they were using a nonfree modified version of Apache, which means they received it under a proprietary licence, thus they can't modify (or do any of the things free software lets you do) their version of Apache.

      Was Apache under the GPL, any modified version they were using would still grant them those freedoms.

      See the difference?

      --
      Fabio Aquotte
    5. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1
      He said they were using a nonfree modified version of Apache, which means they received it under a proprietary licence [sic]
      All he says is "... using nonfree ..." He doesn't say how they came to possess said versions, so you're speculating. They could modify Apache themselves and keep said modifications propriatery at which point their version of Apache would now be the nonfree version.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    6. Re:Misunderstanding about Apache licenses by Rich0 · · Score: 1

      However, my guess is that a substantial number of apache users aren't rolling their own nonfree versions. And how would anybody know if they were?

      Clearly RMS was referring to people who are distributing proprietary derivatives of apache. Users modifying their own versions is the very essence of freedom! It is developers modifying software and releasing it non-free which RMS objects to.

    7. Re:Misunderstanding about Apache licenses by fabioaquotte · · Score: 1
      All he says is "... using nonfree ..." He doesn't say how they came to possess said versions, so you're speculating. They could modify Apache themselves and keep said modifications propriatery at which point their version of Apache would now be the nonfree version.

      So you're saying that some of those people/companies received Apache under the Apache licence, modified it and then distributed it to themselves under a proprietary licence?

      Otherwise the software would still be free, even if they modified it and kept the changes in-house. The only way for them to have nonfree Apache would be to have received it under a nonfree (or proprietary) licence, which is what I said.

      --
      Fabio Aquotte
    8. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1

      No, if it were free, then any employee could post the source code of their changes to the 'net.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    9. Re:Misunderstanding about Apache licenses by fabioaquotte · · Score: 1
      No, if it were free, then any employee could post the source code of their changes to the 'net.

      Only if the employee received a copy of the source under a free licence, just using the software does not give him the right to distribute it.

      Being free does not mean that anyone can distribute the software, it means that anyone who receives a copy of the software under the free licence has such right. There is quite a difference.

      --
      Fabio Aquotte
    10. Re:Misunderstanding about Apache licenses by Anonymous Coward · · Score: 0

      Being free does not mean that anyone can distribute the software, it means that anyone who receives a copy of the software under the free licence has such right. There is quite a difference.

      And that sounds pretty much like something RMS would want changed. The GNU Q&A post earlier about the modified free software running on a web site without needing to distribute source is just a different case of the same problem: That some free software suddenly isn't free anymore in certain scenarios.

    11. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1

      You're still not getting it. If an employee download the free version of Apache from the web site, makes a change, and does not distribute that change, then that version is now a non-free version because they can't post their change back to the 'net.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    12. Re:Misunderstanding about Apache licenses by RupW · · Score: 1

      If an employee download the free version of Apache from the web site, makes a change,

      The problem is that the employer almost certainly owns copyright on the change. That's a separate issue to the licence: even if Apache was GPL, the employee still couldn't offer that change for distribution without his employer's consent.

      That's what the employer disclaimer section at the bottom of the GPL text is all about. And it's why you can't contribute to GCC, binutils, etc. without legally disclaiming all copyright interest in your changes and assigning copyright to the FSF, and without a note from your employeer legal disclaiming their interest in your changes.

    13. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1
      The problem is that the employer almost certainly owns copyright on the change. That's a separate issue to the licence: even if Apache was GPL, the employee still couldn't offer that change for distribution without his employer's consent.
      I know. This is relevant to the discussion how, exactly?
      And it's why you can't contribute to GCC, binutils, etc. without legally disclaiming all copyright interest in your changes and assigning copyright to the FSF, and without a note from your employeer legal disclaiming their interest in your changes.
      The Apache Software Foundation holds the copyright on Apache, not the FSF, so why would anybody assign their copyright to the FSF? The FSF has nothing to do with this scenario. Regardless, to contribute to a GPL'd project, you merely have to GPL your contribution -- you can still hold the copyright. There is no reason to reassign it to anybody.

      In this case, the company could license their change under the GPL and keep their copyright. This is exactly what Tivo does with their changes to the Linux kernel.

      You don't know what you're talking about.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    14. Re:Misunderstanding about Apache licenses by fabioaquotte · · Score: 1
      You're still not getting it. If an employee download the free version of Apache from the web site, makes a change, and does not distribute that change, then that version is now a non-free version because they can't post their change back to the 'net.

      In this scenario the employee can't distribute the changes because he is not the copyright holder, it doesn't have anything to do with whether the software is free or nonfree.

      The company, which is the copyright holder, could distribute it without problems, under either a free or a nonfree licence (something the Apache licence permits).

      --
      Fabio Aquotte
    15. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1

      You're still not getting it. The moment the employee touches a single line of code, it becomes a non-free version until he publishes his change back to the 'net. The fact that he needs his company's permission to do so is irrelevant to that sole point.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    16. Re:Misunderstanding about Apache licenses by Minna+Kirai · · Score: 1

      The moment the employee touches a single line of code, it becomes a non-free version until he publishes his change back to the 'net.

      No. Read the GPL. It doesn't say anything about "publish". The word it uses is "distribute". Publication is a form of distribution, but not the only kind. Handing out a program to other members of your company, or even merely installing it on computers in different rooms, is also distribution (according to any dictionary, legal or standard).

      Just imagine somebody trying to argue otherwise:
      A: Did you distribute these secret plans to anyone?
      B: No, I absolutely didn't. Of course, I did forward them to all the other 40,000 Wal-Mart associates, but after all- we're all in the same company. So it wasn't distributed.
      A: Ha ha, ha ha ha!

    17. Re:Misunderstanding about Apache licenses by DVega · · Score: 1

      Many companies (Oracle, IBM and others) distribute modified versions of Apache without providing source code. Those versions of Apache are privative software, they are not Free Software anymore. That would never happened if Apache were under the GPL.

      --
      MOD THE CHILD UP!
    18. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1

      I never said it would. I'm not talking about the case where modified versions are distributed. The original quote from TFA said nothing about distribution.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    19. Re:Misunderstanding about Apache licenses by DVega · · Score: 1
      Sorry friend. Free vs Privative/Propietary Software debate is all about distribution. A piece of software is not free only if when distributed the recipients get no rights to modify, redistribute, or improve the software. If software got never distributed, all (in-house) software would be free. Privative Software is the kind of software distributed with restricted freedoms.

      Take a course on free software and come back.

      --
      MOD THE CHILD UP!
    20. Re:Misunderstanding about Apache licenses by pauljlucas · · Score: 1

      We're just talking past each other. You're still not getting it. I give up.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    21. Re:Misunderstanding about Apache licenses by Anonymous Coward · · Score: 0

      Those servers could equally well use modified versions of Apache even if Apache were under the GPL.

      No, it is not "equally" well. Not even close. You can't seriously think that it is nearly as easy or safe to individually modify and recompile 3,800,000 apache sites, instead of merely distributing pre-made binary packages to the 70% that are different.

      There is a good reason Gentoo isn't used on production servers!

  38. Since when is Firefox GPL'd? by Anonymous Coward · · Score: 0

    Last time I checked, Firefox was under the MPL, not the GPL.

    1. Re:Since when is Firefox GPL'd? by ObsessiveMathsFreak · · Score: 1

      Thank you for your informative and educational comment!

      --
      May the Maths Be with you!
    2. Re:Since when is Firefox GPL'd? by Anonymous Coward · · Score: 0

      Have you heard nothing of the Mozilla trilicense (MPL+GPL+LGPL)?

      I believe the relicensing effort is still underway so Firefox as a whole probably isn't GPL yet, but very large parts of it can be used under the GPL, LGPL or MPL at your discretion.

  39. TC/DRM question by Anonymous Coward · · Score: 1, Interesting

    I have a question for anyone who is familiar with TC/DRM.

    In the article, RMS calls these "Treacherous Computing/Digital Restrictions Management. Is it possible that he being one sided and a luddite by implying that the technology can only be used for evil? This goes against my normal assumptions about technology. While I agree about the dangers of its proposed use, it seems rare that a particular technology is inherently evil, and even when a technology is mostly being misused, I usually don't propose avoiding it, but restricting its bad uses.

    For me, an example of a technology that's inherently evil is bio-warfare. One that's neutral but widely abused is genetic engineering. Restating my question, RMS seems to put TC/DRM in the first category, while I suspect it really belongs in the second. I can imagine the *possibility* of cases where TC/DRM could be beneficial, e.g. to protect privacy or security of data, but I don't know if such beneficial uses are actually possible. I would appreciate some informed opinions or pointers to sources that deal with this issue.

    Thanks in advance for any replies.

    1. Re:TC/DRM question by Anonymous Coward · · Score: 0

      think of DRM as an update to the old copy protection schemes on floppy/tape/cd, they're all a pain in the rear

      what if you're a small developer or circumstances are such that registration/unlock fees are the only way you ever get paid?

      $5-$20 for something usefull is PERFECTY reasonable, but if you think an apreciable number of people will cough it up voluntarily I've got a bridge you might be interested in buying :-(

      I'm sposed to donate thousands of development hours and work at wal-mart or something to feed my kids because he thinks DRM is evil? don't think so

    2. Re:TC/DRM question by mabhatter654 · · Score: 1
      DRM is a necessary evil. After all, that's why Linus doesn't have a problem with it. To have a secure system it must do what it's told. If a program requests it's information encrypted the OS it runs on should respect that.

      On the other hand TC is a power play.. DRM doesn't [like the media providers want] doesn't work unless you have complete control of the hardware. Look how hard MS tried to lock out arbitrary software running on the Xbox... imagine what will happen when they REALLY want to stick it to users!!

    3. Re:TC/DRM question by spitzak · · Score: 1

      All possible benifits of a PK encryption chip can be achieved if the computer user is given a printout of the private key, or is allowed to change the private key.

      The simple fact is that as long as the key is a secret only known to the manufacturer this is pure evil, designed specifically to make it impossible for the user to do something with their computer.

      It should also be blatently obvious that manufacturers who saw nothing wrong with putting modems or sound waveform generation or NIC functions onto the CPU in order to save a buck on hardware, are certainly not providing hardware to do PK encryption because it will make a better machine. So any claims about how this will benifit the user, in particular claims that can obviously be done by code running on the CPU, are by definition suspect.

    4. Re:TC/DRM question by Minna+Kirai · · Score: 1

      To have a secure system it must do what it's told.

      Obedience is orthogonal to security. For example, if I hack into your PC and give it commands, and it does what it's told, then you are not secure. (But I am!)

      To have a secure system it must do what it's told.

      DRM is meant to prevent a computer system from doing what it's told. The whole idea is that the OS will refuse the operator's instructions to copy some data because it suspects that operator might be trying to violate copyright law.

      If a program requests it's information encrypted the OS it runs on should respect that.

      That capability does not require any DRM.

      If a program requests it's information encrypted the OS it runs on should respect that.

      That sentence does not require any apostrophe.

  40. Re:ESR is right; per the usual by gowen · · Score: 2, Funny

    Eric is right. He doesn't need the GPL because the GPL is for people who actually write code.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  41. the GPL has always had such requirements by toby · · Score: 1

    This is just a variation on the requirement that source always be available. Nothing new here. (GPL has always required certain trivial "features" such as displaying the license and the no-warranty clause.)

    --
    you had me at #!
    1. Re:the GPL has always had such requirements by Anonymous Coward · · Score: 0

      GPLv2 only requires that such features, if present, not be removed. In practice, the effect of this has been that nobody, even the GNU project , releases software with those features under the GPL. The practical effect of a download clause like RMS is describing would be to discourage anyone from ever including a source-download feature in their GPLv3 programs.

    2. Re:the GPL has always had such requirements by toby · · Score: 1
      Ah yes, you're right. Per GPL text I see that those commands are 'suggestions' and not part of the license itself. However I still don't understand the difficulty technical or otherwise in including a source-download feature.

      (Actually GNU programs do implement those recommendations: bc, for instance.)

      $ bc
      bc 1.06
      Copyright 1991-1994, 1997, 1998, 2000 Free Software Foundation, Inc.
      This is free software with ABSOLUTELY NO WARRANTY.
      For details type `warranty'.
      --
      you had me at #!
  42. Re:The GPL is dead, long live the BSD by Arandir · · Score: 1

    Too bad his followers don't know that.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  43. Moral relativism and power by Frank+T.+Lofaro+Jr. · · Score: 1, Flamebait

    1. Moral relativism ends when it comes to moral relativism compared to anything else. Moral relativism isn't subject to itself, at least in practice.

    2. The 100 record executives have support of the government, which has massive firepower. The people unfortunately don't.

    --
    Just because it CAN be done, doesn't mean it should!
  44. Jack and Jacqueline Straw by Dogtanian · · Score: 1

    In that case, companies would ultimately screw everyone over by exploiting their code. Just look at FreeBSD for example.

    I don't see Microsoft rushing to contribute back to the TCP/IP stack they used under the BSD license. I'm not convinced that IBM would be so keen to contribute work that could be used to build proprietary products by their competitors.

    And FreeBSD isn't Linux in terms of success.

    However, in spite of your efforts to portray it otherwise, this wasn't an anti-BSD rant....

    I'm sure there's an example out there of the utter anguish and despair that would happen if the GPL were more free.

    Strawman hysterics #1. I never said there would be utter anguish and despair. In fact I said, "Actually, I'll admit there are places where one might consider releasing stuff under a BSD-like license; but it should be the author's choice. Not theirs."

    I personally don't believe that BSD is as conducive to giving-back as the GPL, but there are places that it may worth using.

    What I would object to is producing work and letting people use it for free under certain conditions, then having someone else able to exploit this without giving back *because the license was changed*.

    If I wanted a BSD license, I'd have used that in the first place.

    But you are in essence correct. Freedom is too valuable to give to everyone. We need to lock it away so only we can have it.

    Complete and utter strawman bull #2. You should get this one together with #1 and they could start a family.

    Where did I say this had *anything* to do with "freedom"? Where did I say (or imply) that it should be "locked away"? This doesn't even bear any relation to what I was saying now; it's blatant misrepresentation.

    For what it's worth, I didn't promote the GPL as providing more "freedom". BSD-style licenses obviously provide far more freedom for the original code; what they don't do is extend any significant freedom for derivative works. GPL restricts certain freedoms on the original code in exchange for the preservation of freedoms on derivative works.

    If I choose to write something, and release it under a particular license, no-one is forcing anyone else to use it. They can write their own and release it under a different license.

    If you think I should be denied the freedom to place restrictions on what's done with my code, then you have to extend the same lack of restrictions to derivative works, so that anyone (including me) can do what the heck we like with them. The problem with BSD is that it doesn't stop other people's (default) right to impose restrictions on derivative code.

    If everyone else has the right to carry a sword, I certainly expect the right to carry one too. So, either I have the right to GPL my code without anyone complaining, or if I have to release my code without restrictions, no-one else should be allowed to restrict their derivative works either.

    Anyhow, I'm not against proprietery software, or BSD. I do expect the right to choose if everyone else does.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:Jack and Jacqueline Straw by Arandir · · Score: 1

      I don't see Microsoft rushing to contribute back to the TCP/IP stack they used under the BSD license.

      But neither are they preventing anyone from using the BSD licensed TCP/IP stack. One of the more popular arguments against the BSD license is that it's "a license to steal." But nothing has been stolen! I still have my copy safe and sound!

      And FreeBSD isn't Linux in terms of success.

      No, but Apache is. It's hugely successful in comparison to Linux (or IIS). Yet it's under a BSD-style license. Microsoft hasn't stolen it, nobody has stolen it. It's still there completely free for all comers just as it always has been.

      You say IBM wouldn't be keen to contribute back code under a BSD license, yet IBM is a member of Apache! They *ARE* contributing back code that's under a BSD-like license!

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    2. Re:Jack and Jacqueline Straw by Anonymous Coward · · Score: 0
      I personally don't believe that BSD is as conducive to giving-back as the GPL, but there are places that it may worth using.


      Do you feel it is giving, when we pay taxes to the government, when there are laws saying you can be put in jail for not doing so? Even if that money goes to benefit you and others indirectly?

      It is really giving when you release modified source code along with the binary of a GPL program? I don't feel it is, because the license says you must release the code along with the binary, or the author can sue you for copyright infringement. Even if I was going to release both source and binary anyway, I would feel as if I were paying, rather than giving, if the license said I must do so.

      What if the Red Cross were to implement such a policy for donations? Require you to give all your personal information (source) along with a monetary donation (binary)? IMHO, less people would donate. I certainly wasn't asked to sign any forms.

      The BSD license imposes no penalty for releasing a binary-only modification, while the GPL does. Therefore, the BSD license is more conducive to giving back code, because there are no penalties for not doing so. Not so for the GPL.
    3. Re:Jack and Jacqueline Straw by Dogtanian · · Score: 1

      Do you feel it is giving, when we pay taxes to the government, when there are laws saying you can be put in jail for not doing so? Even if that money goes to benefit you and others indirectly?

      We could get into a discussion over the subtle meanings and connotations of words. Counter-example:-
      "I gave the man $3000 in exchange for his car"

      But I'll accept that "giving" has charitable connotations. Change it to something more appropriate if you think it's misleading; that wasn't my intent.

      Even if I was going to release both source and binary anyway, I would feel as if I were paying, rather than giving, if the license said I must do so.

      As I said, I wasn't trying to portray it as charity. If you feel that way about it, you're probably right.

      The GPL is a license that in essence says "this is my work; *if* you wish to *distribute* a modified version, you have to give those modifications back". If you don't like it, you don't have to agree to those conditions; modify another piece of software under a license you consider preferable, or write your own.

      I consider those terms of trade. This is "my" software, this is what "I" want in exchange *if* you want to modify and distribute it. Regardless, people have the choice.

      What if the Red Cross were to implement such a policy for donations? Require you to give all your personal information (source) along with a monetary donation (binary)?

      That would be the right of the Red Cross. It would also be a damn stupid decision, and inappropriate to the situation; but then, I think your comparison stretches credibility in principle. It's certainly not credible in practice, because money/lifestyle don't operate in the same way as binary/source. The two situations are so different, I'm not sure what you want to add to your argument by comparing them.

      IMHO, less people would donate. I certainly wasn't asked to sign any forms.

      Well, duh.

      The BSD license imposes no penalty for releasing a binary-only modification, while the GPL does. Therefore, the BSD license is more conducive to giving back code, because there are no penalties for not doing so. Not so for the GPL.

      As I said, 'giving' might or might not imply something voluntary. Of course, no-one *forces* anyone to distribute modified GPL software, so that's voluntary; but it wasn't my intent to use the word to imply anything charitable anyway.

      But let's stick to your definition.... you're essentially saying that the BSD license is better for giving simply because someone has the right to *refuse* whereas *if* you agree to the GPL you are required to distribute (not 'give') your changes?

      Well... yeah.

      As I said elsewhere, it's down to what you consider acceptable terms for distribution of *your* work. If you read elsewhere in this discussion, you'll see that I've already said that BSD is more 'free' (in terms of being able to do what the heck you like with it).

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  45. TC is neutral; DRM is evil (IMO) by Xtifr · · Score: 2, Insightful

    Subject basically says it all. The so-called "Trusted Computing Platform" involves nothing more than having public-key encryption implemented in hardware, under the control of the BIOS. It can (in theory) be used for DRM, but can also be used merely to enhance the security of your system. The so-called "vendor key" may not have any practical, non-evil uses, but nobody is forcing you to use it. Personally, I'd like to have a system with TC hardware. (As long as any "remote control" functionality can be disabled, which, I suspect, would be hard NOT to arrange.)

    DRM, on the other hand, is pretty much an unmitigated evil. However, that said, I think the approach taken by the GFDL is the wrong one. I'd prefer to see distribution on DRM-controlled platforms allowed as long as unrestricted versions are available to anyone who gets a DRM'd copy. In other words, I'd like to see DRM treated by documentation licenses more-or-less the way binaries are treated by the GPL.

    1. Re:TC is neutral; DRM is evil (IMO) by Alsee · · Score: 3, Insightful

      Trusted Computing is about as "neutral" as an apple with a cyanide pill inside. Trusted Computing is explicitlydesigned to be secure against the owner.

      Citing the vitimins and nutrients of a poison apple does not make it good or even neutral if they forbid you to have a non-poison apple.

      Trusted Computing would be a good thing is the owner were allowed to know his own keys. However it would no longer be "Trusted". Owners could get all of the benefits of Trusted Comptuing and none of the abuses if you were allowed to know your keys. If for example you were allowed, if you wanted, to get key a printed copy of your PrivEK key when you bought the machine and to get your Root Storage Key encrypted to your PrivEK.

      That would be a nutricious poison-free apple giving the owner ALL of the security and other owner benefits of Trusted COmputing, all of the benefits you say you want.

      can also be used merely to enhance the security of your system

      An apple with a cyanide pill gives you vitamines. That is NOT any sort of argument defending Trusted Computing. It is an argument for an otherwise identical apple without any poison pill. It is an argument against Trusted Computing, an argument for identical hardware where you do know your master key.

      I'd like to have a system with TC hardware. (As long as any "remote control" functionality can be disabled, which, I suspect, would be hard NOT to arrange.

      And the new software Trusted Installation / Trusted Activation will be impossible to install or run at all. The new Trusted files wil be impossible to read. You will be locked out of all of the new Trusted websites... in particular tons of websites will want to use the Trust system to prohibit you from using any sort of pop-up blocker or other ad-blocker. And potentially in a few years under trusted Network Connect... which Microsoft is implementing under the name Network Access Protection.... you may be denied any internet access at all.

      Trusted Computing is all about the anti-owner Trust system. It is all about stuffing a poison pill standard inside every new computer sold. It is all about penalizing anyone who does not have a poison pill apple, andslapping handcuffs on anyone who does eat the poison pill apple. They absolutely REFUSE to permit anyone to buy poison-pill-free apples. They absolutely REFUSE to permit you to buy a compatible computer where you can/do know the master key to control your own computer. If you know your master key then you can avoid being locked-out, if you know your master key then you can avoid vendor lock-in, if you know your master key you can unlock DRM files, if you know your master key then it is not a Trusted Computer.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:TC is neutral; DRM is evil (IMO) by Xtifr · · Score: 2, Interesting

      > Citing the vitimins and nutrients of a poison apple does not make it good or even neutral if they forbid you to have a non-poison apple.

      Oh yeah, gotta watch out for "them"! "They" are lurking behind every corner, waiting to pounce and install electrodes in your brain. Soon, "they" will control all your thoughts, and "they" will force you to sit on the couch watching reruns of Friends(tm) and drinking Diet Pepsi(tm).

      > And the new software Trusted Installation / Trusted Activation will be impossible to install or run at all.

      You really think Linus will accept that patch? I'm pretty dubious! On the other hand, he has accepted patches to allow me to control the TCPA chip on my computer, if I were to have one. Which, I admit, strongly piques my curiousity, and is the main reason I want to get one and check it out.

      I admit, if you're running an MS system, then TCPA may look like somewhat of a threat. But then, if you're running an MS system, you have already abdicated ownership and control of "your" system, and I've got no freakin' sympathy for ya.

      > The new Trusted files wil be impossible to read. You will be locked out of all of the new Trusted websites.

      Then, frankly, I'm screwed in any case, since I can't think of any circumstance that would induce me to run a kernel I didn't build myself. But, again frankly, I think you're being just a wee bit paranoid. Not that there's anything wrong with paranoia--some of my best friends, and all that--but I think it looks more and more these days like the balance of power is tipping away from Microsoft.

      In any case, what you're talking about is not TC, though it may be based on TC. I've read the specs, and I stand by my statement that TC is a neutral technology. And like a lot of security-oriented systems, it's not that secure if you have physical acccess to the machine. I kinda hope "they" do try to control all the computers of the world with TC; it'd be kinda fun to see "them" fall flat on their faces. Again. :)

      Remember, you're talking about the same consortium here that tried to prevent us from copying CDs by putting an autorun.bat file on them. They're not that freakin' smart! :)

    3. Re:TC is neutral; DRM is evil (IMO) by I_redwolf · · Score: 1

      Then, frankly, I'm screwed in any case, since I can't think of any circumstance that would induce me to run a kernel I didn't build myself. But, again frankly, I think you're being just a wee bit paranoid. Not that there's anything wrong with paranoia--some of my best friends, and all that--but I think it looks more and more these days like the balance of power is tipping away from Microsoft.

      A kernel you compile yourself will not prevent a TCPA-enabled machine from locking you out. People seemingly have this idea that TCPA is the next best thing for security. It lacks merit in about every department in terms of security. It's no more secure than having your regular computer in a stone box and throwing it into a big black rift. It's useless, and their have been flaws to its design explored. It's sad to see people rally for it because they haven't read the papers on its flaws, they tend to really not research the technology before claiming it will help them and it's just really not needed. This is another one of those cases. TCPA needs to drop the RSA engine, which might work for me or you (since we've been busy on slashdot and not writing any top secret code), but not any military insitution on the planet. It has an opt-in module which is supposed to make the consumer happy by being able to disable/enable tpm modules. Which defeats the whole purpose of having it and one could go on and on.

      If the technology was made like the earlier IBM ES2 or whatever it was and beefed up a notch then it might actually be useful for hardware signing of files and shit like that. It's truly been designed as the parent poster said and is a great example. An apple with a poison pill.

    4. Re:TC is neutral; DRM is evil (IMO) by Minna+Kirai · · Score: 1

      And like a lot of security-oriented systems, it's not that secure if you have physical acccess to the machine.

      How many people do you know who can tear apart a silicon microchip and draw a complete schematic? More importantly, how common are the labs they need to do that work?

      Remember, you're talking about the same consortium here that tried to prevent us from copying CDs by putting an autorun.bat file on them. They're not that freakin' smart! :)

      No, they're not the same people at all. But regardless, hoping that your enemies will be indefinately moronic is a foolish strategy. Even if they made stupid mistakes before, they will learn from them, hire smarter people, and eventually get a technology that is good enough.

    5. Re:TC is neutral; DRM is evil (IMO) by Alsee · · Score: 1

      Oh yeah, gotta watch out for "them"! "They" are lurking behind every corner, waiting to pounce and install electrodes in your brain.

      "They" are the Trusted Computing Group. They are obviously not trying to install electrodes in my brain, but they sure as hell do intend for their chips to be standard in every new computer sold.

      >And the new software Trusted Installation / Trusted Activation will be impossible to install or run at all.

      You really think Linus will accept that patch? I'm pretty dubious! On the other hand, he has accepted patches to allow me to control the TCPA chip on my computer, if I were to have one.


      You don't get it. That *is* the patch.

      The Trust Chip denies you full control over it. It denies you access to your Private Endorsment Key (PrivEK). It denies you access to your Root Storage Key (RSK). It denies you control over the contents of the Remote Attestation process. It is designed to generate an unlimited number of other crypto keys that you are denied access to, which can be used to lock individual programs or files.

      It is not some separate patch that makes it impossible to install/run software utilizing a Trusted installation/registration process. *That patch* is the very *same patch* to enable you to install and run that Trusted-instal software at all. It is impossible to install or run that software unless you have a Trust Chip and you have an approved software configuration. If you try to change your OS or any other part of the system to get/maintain control then the Trust Chip remote spy system attests that you did so. That software will not install unless you have a "secure" system configuration in the first place (secure against you), and after installation the chip prohibits the software from running if you attempt to change the configuration.

      > The new Trusted files wil be impossible to read. You will be locked out of all of the new Trusted websites.

      Then, frankly, I'm screwed in any case


      Yeah pretty much, unless we can get a massive public backlash to kill it.

      The Trust system is designed to screw over anyone who does *NOT* have a Trust Chip, and to screw over anyone who tries to alter their software. They will simply ship all new computers as Trusted Compliant, and then an increasing amount of stuff will only work on a compliant machine.

      I can't think of any circumstance that would induce me to run a kernel I didn't build myself.

      Well you can compile it yourself, but the Trusted websites and stuff will only work if compile the exact and unmodifed source that other people accept as approved for enforcing the DRM-type systems against you.

      The moment you change a single byte of the source (or the executrable) then the trust chip does two things:
      (1) It generates an entirely different set of crypto keys, so the Trusted stuff already on your computer gets locked out.
      (2) The Remote Attestation system tells people over the internet that you have a modified and unknown (and unacceptable) system, so you will not be able to receive or install/activate new things onto your computer.

      In any case, what you're talking about is not TC, though it may be based on TC.

      The chip is explicitly designed to be secure against the owner, and it is designed to self destruct if you attempt to get at your keys.

      The "Trust" in TC is the idea that OTHER PEOPLE can Trusted your computer to be running the software they want it to be running, and to Trust that your computer is secure against you.

      The idea of Trust is that computer owners cannot be trusted, instead they want to be able to trust your computer to be able to enforce things against you. They can then "trust you" in that your computer will not allow you to do anything they don't want you to be able to do.

      I am advocating an identical hardware with identical capabilities... except where the owner knows his keys. Since it is identical hardware then it has an identical ability to to protect

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  46. Yes, but, by HermanAB · · Score: 1

    does it run on GLAMP?

    --
    Oh well, what the hell...
  47. is it me... by astyanax · · Score: 1

    or did it seem like (to those of you who actually READ TFA) that this wasn't really a preview at all? For the majority of the new features and differences between V2 and V3, RMS answered to the effect of 'well, if we can find a way to do that' or 'well we're not done studying the issue'. I understand the word preview, but I didn't get the feeling from the interview that there definitely ARE any significant changes from v2 yet.

  48. ESR by paulatz · · Score: 2, Funny

    Does anybody know who is ESR?

    --
    this post contain no useful information, no need to mod it down
  49. Re:More of the same by Anonymous Coward · · Score: 0

    Man, you have some issues.. hope you get those worked out.

  50. urban myth by Anonymous Coward · · Score: 0

    Actually, ESR never said he "invented" open source software.

    He actually said that he "took the initiative to create" open source software.

  51. Straight answer on the hottest topic in GPL-dom by mabhatter654 · · Score: 1
    I'm glad to see RMS's approach to this REALLY tough issue.

    This is a novel and reasonable answer to the question of how to handle GPL in web based applications... it should make A LOT of business users happy.. It's the one question I've been holding out on "evangalizing" OSS to my bosses. What this will allow is a "download source" feature to be included in your GPL'd programs [like in Help or About] and part of the license will be that future people can't remove it. This is a good thing.

    It's a bit of an intrusive thing, but at least in the case RMS used in the article, the maintainer of the site would be able to control the version they put up. A company may want to strip important data from the files or protect trademarks/config files ... any hardcoded passwords or other sensitive info... but most web programs are alredy pretty good about data seperation. You can point management to this requirement [rather than just ignore it and hope nobody notices] then get their support for what should be downloaded. In the legal aspet this fixes a big, gaping hole. It takes a lot of the "pain" of liability because if you tried to comply to the requirement. The FSF would be more than willing to send somebody over privately if the app was particularly sensitive [say hacking or IP issues] where to put stuff you LEGALLY need to be private versus you not posting anything at all.

    At least this will provide a "positive" guidance and a legal opinion rather than mearly the opinions of slashdotters on a very important OSS legal issue!!!

    1. Re:Straight answer on the hottest topic in GPL-dom by Breakfast+Pants · · Score: 1

      There is a problem though: does it really accomplish anything in practice? See my earlier post in this thread: http://slashdot.org/comments.pl?sid=163271&cid=136 40232

      --

      --

      WHO ATE MY BREAKFAST PANTS?
  52. PHP pages? by mabhatter654 · · Score: 1
    what about PHP pages. You are serving the PHP, which gets it's information displayed from your private database, and then is translated and doled to the user by apache. HTML on webpages is copyrightable. People that release javascript and icons use copyright's protection all the time.

    If you change the PHP that creates the web page, did you distribute a copy of that file? To date, the issue hasn't been answered well. Judging from normal copyright cases, you may be held as infringing for distributing the script... like it or not doesn't matter, the courts have already decided in favor of copyright owners. [example: if you got CNNs source for their site, you'd be sued in a hot minute!]

    I do see your point, if I break MS rules and have 100 copies of server 2003 when I only paid for one, they can nail me for lots of money, but don't have any right to the information or content of those machines.

    So far this looks like an optional requirement. If I put a link to source in my "ABOUT" screen that provides the source code, that feature must be reproduced in any successive version. [much like invariant sections in GFDL documentation] I don't think it's entirely enforceable on it's own, you may be right, but legally is is REASONABLE. In other words, part of the license that grants you the right to modify the code asks you to respect this provision. If you don't want to respect it, don't use it. And again, it only applies in the narrow case where you modify the code. If you just set up a vanilla version from sourceforge, providing a link back or hosting the file you downloaded would fufill the requirements well enough. I suppose with something like the Linux(TM) kernel you might need a command line option to display the "about" information.. but you can't remove the feature from your binary distribution. Legally, thought it's a fair request.

    1. Re:PHP pages? by mark-t · · Score: 1
      If you change the PHP that creates the web page, did you distribute a copy of that file?
      When the PHP code executes, you distributed a copy of portions of the PHP file (that is, the html portions that are echoed verbatim by PHP when the script is run). You did not, however, distribute any PHP code (the code simply was executed by the server and its output was sent to the requester), so any copyrights held on the code would not be impacted, even if you were to create a derivative work of the code without express permission to do so from the copyright holder (again, as long as you didn't distribute the code, which would be held by the court to be proof of copying for non-personal use).

      Remember, if you are merely _USING_ a piece of software for non-personal use, that doesn't legally equate to having _COPIED_ it for non-personal use, and Copyright *ONLY* governs copying, not usage. Usage is the domain of things like EULA's, which are on tenuous soil as it is.

      Of course, now that I think of it... that may be the point.

      Perhaps RMS planned it this way all along... he knew that adversaries of the GPL would be likely to capitalize on this new "weakness" of the GPL v3, and would attempt to show in court that it was not legally enforceable. If they succeeded, the upshot of this would be that all EULA's would not have any legal weight either. There is an argument that this could be a good thing.

      Not that this is any more acceptable in my opinion... since I wouldn't put it past the courts to decide that the entire GPL is invalid simply because of the strength of the one point against it, if it should happen to go that far.

    2. Re:PHP pages? by Anonymous Coward · · Score: 0

      http://www.copyright.gov/title17/92chap1.html#106

      The copyright holder has the exclusive right to create derivative works. Unless you have permission to modify the code, you are forbidden by law to create the modified version. Limiting the permission to modify does not make the GPL and EULA. It is not about usage. It is about creating derivative works (modified copies, so to speak), which is covered by copyright law (see link). Your repeated but still unsubstantiated claims that it isn't don't change the law.

    3. Re:PHP pages? by mark-t · · Score: 1
      Bear in mind that the Copyright act exempts copies made for personal and private use from infringing on Copyright (DMCA-ish type laws notwithstanding). Therefore, the only way that a work that was produced without permission can be found to be infringing on Copyright is if it actually gets distributed (even though it is not the actual distribution that is the violation of Copyright).

      The inescapable conclusion is that if you privately create a derivative work of a product without permission, but do not ever distribute the product (in any form, source or binary, including the unmodified version), regardless of how you use the product, even if you end up using it to provide a public service, you cannot be held to have infringed on Copyright, because Copyright does not govern usage, only copies.

      You may be guilty of violating an EULA, however. But as I remarked elsewhere, EULA's are on tenuous ground already.

    4. Re:PHP pages? by Anonymous Coward · · Score: 0

      Dude, that's like saying nobody will ever be convicted of copyright violations on the basis of a binary. You know, it's the source that was copied, but as long as you never distribute the source, you cannot be held to have infringed on Copyright. You have to be fucking nuts to believe that sort of shit. If it's clear (from the service you provide) that an unauthorized derivative work was created, the legal system will not ignore the violation, just like when it's clear that a binary was created from source which contains unauthorized copies of someone else's code. Offering a webservice is neither personal nor private use and a derivate work is a violation of paragraph 106. If you want to be taken seriously, let's hear the law which creates the exception under which a public for profit webservice may be based on derivative works which were not explicitly authorized by the original authors.

    5. Re:PHP pages? by mark-t · · Score: 1

      The binary would be considered a derivative work under Copyright Law and therefore subject to the same copy restrictions as the original work.

    6. Re:PHP pages? by Anonymous Coward · · Score: 0

      Nature of the beast: Analogies are not exactly on spot. Are you going to tell us where the exception to paragraph 106 is made in copyright law?

    7. Re:PHP pages? by mark-t · · Score: 1

      Certainly. See "Fair Use".

    8. Re:PHP pages? by Anonymous Coward · · Score: 0

      Very funny. Using a derivative work to provide a (for profit) service to a third party is absolutely not fair use. Hey look, I don't give out copies of Photoshop. I just (personally and privately) use my unlicensed copy to produce the graphics which I sell. You can't touch me, it's "fair use". When you're not posting here, you're a comedian, right? HAND

    9. Re:PHP pages? by mark-t · · Score: 1
      You can't legally give out copies of Photoshop because Photoshop is copyrighted by Adobe.

      You can, however, give out whatever you want that you _MAKE_ with Photoshop. Any attempt by Adobe to try to restrict you from doing so would be legally unenforceable. You could even set up a commercial shop that uses Photoshop and go public with your artwork. As long as you do not distribute anything actually Copyrighted by Adobe, no amount of licensing restrictions placed on Photoshop by Adobe could lawfully prevent you from being able to do this within the domain of Copyright Law.

      Similarly, I can write a program, and I can say that the only way that you have permission to copy it is if you, for example, do not remove certain components of the program. Because I own the copyright on the program, I can do this... not because being the author gives me the right to say what you can do with it, but because you don't have permission to copy the program unless I give it to you.

      But then that brings us back to "Fair Use", which even I as the Copyright holder of this program cannot bar you from engaging in. Now even if you were modify my program, removing components that I wanted everyone to leave in, and then you were to use it for profit against my wishes (clearly), I could actually not legally argue that your copy was for anything other than fair use _UNLESS_ you also distributed any of my copyrighted work as well (because distribution is the key aspect that the court uses to determine if use was "fair" or not). My strongest argument gainst you would probably be that you violated an EULA, but as I said, EULA's are on very thin soil right now as it is.

  53. Re:More of the same by Anonymous Coward · · Score: 0

    I happen to agree with you, but saying that sort of stuff here is like going to the Bronx and shouting "I hate n*ggas" or yelling out "Sieg Heil" in a synagoge.

    Remember, slashdot is all about preserving freedom in all its forms at all costs, so that sort of language will absolutely not be tolerated from the likes of you.

  54. Re:GPL = No Programming Jobs by Anonymous Coward · · Score: 0

    You don't really have to write software in the GPL. Right?

  55. No ©? Publish a commented disassembly by tepples · · Score: 1

    If there were no copyright laws

    Then you'd be Free to reverse-engineer a proprietary program and publish a commented disassembly and translation into the HLL of your choice.

    1. Re:No ©? Publish a commented disassembly by qbwiz · · Score: 1

      Of course. Obviously, that would be extremely hard to do. I expect that we would see the power of assembly language->HLL translators and binary obfuscators increasing greatly, in a sort of arms race. The GPL makes it much easier to modify software, as it doesn't just require the source code, but the "preferred form of the work for making modifications to it."

      It wouldn't be impossible to modify the software in a copyright-less world, just much harder than it is in the Free world.

      --
      Ewige Blumenkraft.
  56. ESR is pro-business, at the expense of individuals by Morgaine · · Score: 2, Interesting

    ESR's position against Free Software has always seemed slightly irrational (or at least unjustified) to me, but I always put it down to no more than him trying to get some more limelight for his Open Software efforts. That would be unfortunate, but no biggie.

    But now that he has publicly gone anti-GPL by saying that it is no longer needed, I think that ESR is finally showing his true colours.

    In a world where Free+Open Software ruled the roost (we're not quite there yet), the only people for whom the GPL might no longer be needed are those people who have an army of paid-up lawyers behind them, in other words, the corporations. Everyone else would get screwed by the first well-financed litigious bloodsucker that comes along and markets the software without respecting its authors' desired freedoms.

    So, it's pretty simple: ESR is pro-business, and actively desires individuals to be powerless and trodden underfoot in the corporate rush for profits.

    That's pretty bad, not far off from being "evil". I must say, I didn't really expect that from ESR.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  57. Exploited? Possibly. "Stolen"? No. by Dogtanian · · Score: 1

    But neither are they preventing anyone from using the BSD licensed TCP/IP stack. One of the more popular arguments against the BSD license is that it's "a license to steal."

    Yes, but that's not my argument against it.

    You've already put words in my mouth on two occasions. Now you're trying to bring someone else's argument (which I don't endorse) into your discussion of what I said.

    I've read discussion here along the lines of "Microsoft are evil!!!! They're stealing BSD code and not giving anything back". They're not stealing. They're simply doing what the BSD license lets them do, and if the authors of the code didn't like it, they wouldn't (or shouldn't) have released it under the BSD license.

    I wouldn't use the word "stealing"; I *might* (in some cases) use the word exploitation; but that having been said, it's debatable if it's exploitation when someone knowingly releases code under such an unrestrictive license and someone doesn't "give back".

    However, I would not (and never have) called it stealing.

    But nothing has been stolen! I still have my copy safe and sound!

    Absolutely, and I didn't say otherwise.

    What it *is*, is (with the permission of the authors), a license to use free- possibly unpaid- work to build a proprietary product on, without necessarily putting any significant extra effort into it.

    As I said, choice of the authors. If they don't mind their work being used in this way, fine. If they're relying on companies "giving back" and they don't..... well, it was their choice to license it that way.

    No, but Apache is. It's hugely successful in comparison to Linux (or IIS). Yet it's under a BSD-style license. Microsoft hasn't stolen it, nobody has stolen it.

    Stolen, stolen, stolen. Not my words, not my argument, and I'm not going to get into a discussion over something I never said.

    You're right that Apache (under a BSD *style* license; sorry, I'm not 100% au fait with the differences) has been very successful, and this seems like a good case for a BSD-style license (as I already said, I'm not rabidly anti-BSD or pro-GPL).

    Successful though it is, Apache is one product, and it seems that the GPL is more popular in general; at any rate, would commercial companies be less likely to contribute under the GPL? I don't think so; is Apache popular and well-supported because, or *in spite of* its license?

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  58. Trusted Network Connect; DirecTV access cards by tepples · · Score: 2, Informative

    I can't think of any circumstance that would induce me to run a kernel I didn't build myself.

    How about the circumstance in which all kernels except the one approved by your ISP will fail to get an IP address?

    And like a lot of security-oriented systems, it's not that secure if you have physical acccess to the machine.

    Try telling that to anybody who has tried to crack the most recent DirecTV access cards.

    1. Re:Trusted Network Connect; DirecTV access cards by Xtifr · · Score: 1

      > > I can't think of any circumstance that would induce me to run a kernel I didn't build myself.

      > How about the circumstance in which all kernels except the one approved by your ISP will fail to get an IP address?

      First of all, my IP is static, and second (and much more importantly), it's assigned to my router, not my computer(s). And my ISP uses Linux extensively, AND they want me to sell access to my router to my neighbors, and will give me a share of the proceeds. And this is not some little dinky neighborhood ISP, this is a major national. I don't see much point in worrying about insanely implausible scenarios.

      > > And like a lot of security-oriented systems, it's not that secure if you have physical acccess to the machine.

      > Try telling that to anybody who has tried to crack the most recent DirecTV access cards.

      Try reading what I wrote again, with special emphasis on the part I highlighted. Like I say, I've read the TCPA spec (well, read the white-papers, and skimmed the spec to confirm the important details). Have you?

    2. Re:Trusted Network Connect; DirecTV access cards by Minna+Kirai · · Score: 1

      And this is not some little dinky neighborhood ISP, this is a major national. I don't see much point in worrying about insanely implausible scenarios.

      Ok, so on that point you are nonrepresentative of normal users, and immune to some of the coercive pressures they would face. Bear in mind that your conditions are implausible (or at least intractably expensive) to most other people.

      But aside from merely acquiring an IP address, there are other ways TC can restrain your kernel use. For example, look at this web site. Do you like reading it, and would you like to continue reading it?

      If the TC rollout suceeds, then advertisers won't pay for banner ads to run on websites which allow themselves to be displayed in an browser that wasn't signed and whitelisted as not including any adblock* technology. And if your kernel isn't the specific one compiled by Red Hat Inc and signed as TC trustworthy, it won't be able to attest that your browser is "trustworthy", so you can't read any mainstream websites, or shop in online catalogs, or play any internet video-game, etc etc.

      * And, the HTTP traffic is encrypted so only the approved browsers can open it, which will keep any pesky adblock-proxies from tampering with your 100% authentic browsing enjoyment!

      A second (and much more importantly), it's assigned to my router, not my computer(s).

      That approved-browser-only thing a near term threat. In the long term, your router will cease working as well. TC backers aim to eventually ban internet hosts that don't support remote attestation. It will take a while, but someday they'll blacklist your "obselete" router, which was a "hazard to the rest of the internet". Why, it might've had buffer-overflows that could've gotten it hacked to spread malware and DoS. No socially-responsible upstream ISP could accept your untrustworthy packets in good conscience! You'll be happier with a shiny, new TC router.

    3. Re:Trusted Network Connect; DirecTV access cards by Alsee · · Score: 1

      Actually with a bit of effort I don't see any reason they couldn't transparently tunnel Trusted Network Connect(ions) through an ordinary router. The router is be unable to read or alter any of the encrypted data, so it isn't any sort of threat. It is only the endpoint that needs to authenticate.

      The hassle with doing that sort of transparent tunnel is that the ISP would probably need to insert an abbreviated re-authentication handshake for each new connection. A very messy method, but doable.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Trusted Network Connect; DirecTV access cards by Minna+Kirai · · Score: 1

      Actually with a bit of effort I don't see any reason they couldn't transparently tunnel Trusted Network Connect(ions) through an ordinary router.

      Well, yes they can do that, but only if there is at least one genuine Trusted computer as the endpoint. The person under discussion wants to operate his homebrew, non-audited Linux kernel.

      The router is be unable to read or alter any of the encrypted data,

      Routers, unlike hubs, do read the at least some of each packet coming through. Some router functions, especially NAT tricks, rely on reading application-level data, and will be blocked by encryption. Possibly even the destination headers could be somehow encrypted, although that does seem far-fetched.

      But in general, if the data is heavily encrypted, then a fancy router becomes no more effective than a dumb hub: you are transparently tunnelling, but to little useful effect.

  59. Only for large projects, Eric! by PhilHibbs · · Score: 2, Insightful
    People who do what the GPL tries to prevent ... trap themselves unto competing with a small in-house development group against the much larger one in the parent open source project, and failing.
    That's true for large projects like Apache, but if I decide to release some code that I wrote, and nobody notices, but some company decides that it would make a decent product, then I am SOL. The company gets market share before I can attract a developer community to help me bring the product up to 1.0 release standard.
  60. libertarian comment by N3wsByt3 · · Score: 1

    In my view, freedom *is* an absolute...it's only that two diametrically opposed absolutes cancel eachother out. ;-)

    --
    --- "To pee or not to pee, that is the question." ---
  61. Copyright Unlimited by N3wsByt3 · · Score: 1

    We might be misunderstanding eachother.

    "Copyright doesn't put things into the public domain, it takes things out of it."

    I wasn't arguing that copyright on itself was created to make sure it came into the public domain (obviously, if copyright didn't exist, everything would be in the public domain), I was arguing that the fact they made it for *a limited time* was meant to make sure it came into the public domain.

    "First of all, it's not my argument."

    I understand. If I use "you", it's never you personal, rather 'you' as the 'other party' within a diametrically oposed argument or viewpoint (even if that's only in appearance).

    "In the first, you're using it to modify the length of time of the copyright. In the second, you're using it to modify the amount of "scientific progress". "

    Well, could be I didn't explain it too well; I'm not native english. I would say the 'amount of scientific progress' you claim I was making could be viewed as such, if one agrees that the longer scientific progress is stimulated (aparently by copyright, when following the reasoning), the longer that progress can continue, and thus the more progress will be made. Viewed in that light, it doesn't seem an unreasonable claim to be made. (And, in effect, many IP-proponents claims just that).

    " So why have copyright at all?"

    Well, indeed, why?

    Sometimes it is impossible to know. And sometimes it is. Why does Disney&co want to extend their copyrights always further? Because every company wants a monopoly, because a monopoly is a cash-cow. Nervermind that they wouldn't have gotten where they are today, if they had had unlimited copyrights when the brothers Grimm lived. So, it's rather ironic: they try to abolish that (=the limited time-restriction), which made them great in the the first place.

    But such is the power of money.

    I guess when the Founding Fathers did what they did, some of them may be lobbied, and/or some thought it was more fair for the authors, and/or some actually believed that it would stimulate progres or new works if authors had a limited monopoly, etc.

    "So, by your argument, if copyright were indefinite, all scientific progress would cease?"

    Copyright is not the only IP-law, and even not the most dangerous one (patents beat that easily). But, rest assured, I remain consistent. So, yes, my argument is, if *all* IP-rights would remain valid *indefinately* (and they are rigorously pursued in the legal arena), then, ultimately, scientific progress would stop.

    "But then again, what was the average lifespan 200 years ago?"

    Whatever it was, in comparison with the current lifespan it wouldn't amount to 'death of the author +50 years', now, would it? ;-)

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:Copyright Unlimited by anthony_dipierro · · Score: 1

      I wasn't arguing that copyright on itself was created to make sure it came into the public domain (obviously, if copyright didn't exist, everything would be in the public domain), I was arguing that the fact they made it for *a limited time* was meant to make sure it came into the public domain.

      That's a rather vacuous argument. Of course they made copyrighted works eventually go into the public domain to make sure that copyrighted works came into the public domain.

      But looking back at the thread, I think I see where you're coming from. I can't agree to a statement that the *purpose* of copyright was to enlarge the public domain, as was the first statement you made. But I can agree that copyright was intended to enlarge the public domain in the long run. I guess in that sense it was one purpose, but I'd want to add that it wasn't the primary purpose.

      So why have copyright at all?

      Well, indeed, why?

      Personally, I don't think we should. But the argument is that with copyright laws, more works will be created. Note that more works is not necessarily better, because copyrighted works are no longer free for everyone to use.

      Nervermind that [Disney] wouldn't have gotten where they are today, if they had had unlimited copyrights when the brothers Grimm lived.

      Actually, they probably would have, they just would have had to have bought the copyright on those stories. The stories were worth a lot less before Disney than after them, so Disney still would have made a hefty profit, plus they'd have the rights to the stories so no one else could make them. Disney wins, the rest of the world loses.

      So, yes, my argument is, if *all* IP-rights would remain valid *indefinately* (and they are rigorously pursued in the legal arena), then, ultimately, scientific progress would stop.

      I think you're ignoring the fact that licenses can always be negotiated. I don't think scientific progress would stop, it just wouldn't be useful to as many people. But this is somewhat of a tangential point, so while we might not agree at least I know where you're coming from.

      Whatever it was, in comparison with the current lifespan it wouldn't amount to 'death of the author +50 years', now, would it? ;-)

      No, I guess not :). Most copyrights are owned by corporations nowadays, though, and don't get the "life of the author" treatment.

  62. Re:More of the same by Anonymous Coward · · Score: 0

    oh dear, did someone forget to take their medication today?