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GPL 3 May Require Websites to Relinquish Code

Vicissidude writes "At present, companies that distribute GPL-licensed software must make the source code publicly available, including any modifications they've made. Though the rule covers many businesses that use GPL-licensed software for commercial ends, it doesn't cover Web companies that use such software to offer their services through the Web, as they're not actually distributing the software. GPL 3, the next version of the free software license, a draft of which is expected to be released in early 2006, may close this loophole, GPL author and Free Software Foundation head Richard Stallman said in an interview."

574 comments

  1. Loophole? by Ziviyr · · Score: 4, Insightful

    Sounds like a sane byproduct of a sanely limited feature of the license to me.

    --

    Someone set us up the bomb, so shine we are!
    1. Re:Loophole? by Anonymous Coward · · Score: 0

      No kidding. Loophole?

      If you use GPL code within your company to, say, sell pants in a retail store, you're fine? But if you use GPL to, say, sell other products online, you're not? What is the difference? Neither is distributing code or anything like it. And no I haven't bothered reading through all of it - but what exactly is it you're supposed to "give up"? Does this mean that if you run a website - as opposed to any other kind of business or service or organization - you have to release any private code you yourself use that has in anyway originated from or included GPLd code?

      Screw that.

    2. Re:Loophole? by KiloByte · · Score: 2, Informative
      If you use GPL code within your company to, say, sell pants in a retail store, you're fine? But if you use GPL to, say, sell other products online, you're not? What is the difference?
      None, at least to me. Both are using, not distributing.

      Note that GPLv2 specifically includes limits only to distribution, not to use. In fact, you are not even required to accept it at all:

          5. You are not required to accept this License, since you have not
      signed it. However, nothing else grants you permission to modify or
      distribute the Program or its derivative works. These actions are
      prohibited by law if you do not accept this License. Therefore, by
      modifying or distributing the Program (or any work based on the
      Program), you indicate your acceptance of this License to do so, and
      all its terms and conditions for copying, distributing or modifying
      the Program or works based on it.

      Note that there is no way to restrict usage in a license -- you need a signed contract for that. Once you have the software in question, nothing save a separate agreement can stop your rights. GPLv2 is a pure license -- it only grants rights you wouldn't otherwise have (the right to distribute at certain conditions).

      I am also concerned that RMS may have problems with reality checks these days. Come on, first the GFDL and now then -- can we have the old RMS who wrote gcc and GPL back, please?
      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    3. Re:Loophole? by Raul654 · · Score: 2, Insightful

      The purpose of the GPL is the encourage people to make their contributions available to the community. If you take some GPL'd code, modify it, and use it to sell stuff over the web, why shouldn't you be obligated to give back to the community whose work you are using to make money?

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    4. Re:Loophole? by fferreres · · Score: 3, Insightful

      Did you read the interview? It's not like that. The idea is that an author may license some GPL code that has code to allow the source dto be downloaded, and the license may say you have to keep that feature. You can safely avoid software that has no such nonse...

      First, it is an idea R.S. gave, second point, i think itnot bad per se if some developer wants his code open even if you do not redistribute: in the end, it he chooses users must disclose all changes just by using the code in a away an end user faces it.

      Anyway it's ridiculous and i would call that whatever by GPL in spirit. That should go on another license not a GPL one IMHO.

      --
      unfinished: (adj.)
    5. Re:Loophole? by Ziviyr · · Score: 5, Insightful

      Because it vastly complicates a simple ruleset that already does a great job at forbidding the unavailability of source code to applications you use.

      When this ruleset is extended partially to include recieving output of a program as a basis for the right to have its source code, the option for much worse loopholes is created. Loopholes which will terrify and drive away developers, especially when that one loophole is expanded to cover disclosure avoidance loopholes.

      Simply put, its the gateway from which a huge mess will sprawl forth. (And I'm curious how they'll handle taking a snippet of GPL3 code from an app with the upload "feature" and putting it into GPL2 code. Nevermind basic concerns about an upload feature which cannot be removed may pose as a great means to DoS a site, or the ruleset that explains throughout the various possibilities what throttling options are available and to what extent. ...etc...)

      --

      Someone set us up the bomb, so shine we are!
    6. Re:Loophole? by ArsenneLupin · · Score: 1, Informative
      Sounds like a sane byproduct of a sanely limited feature of the license to me.

      Not really. Under the old regulations, web sites could use open source software to write code that excludes open source browsers.

      Granted, the new regulation doesn't really fix this (it is enough to publish source code... much of which is public anyways if it is client-side javascript), but it's a step into the right direction.

    7. Re:Loophole? by Ziviyr · · Score: 1

      I'm not sure why client side javascript generated by a GPL program must be encumbered by GPL, unless that code is actually specifically part of the GPLed program to begin with, In which case that may extend GPL to other bits of code not originally GPLed but bundled with the GPLed javascript by the page.

      Nastiness taken further, I take an exerpt of some of the textual content of that page and put in in a book I write.

      There has to be a line where it stops.

      --

      Someone set us up the bomb, so shine we are!
    8. Re:Loophole? by node+3 · · Score: 1

      Sounds like a sane byproduct of a sanely limited feature of the license to me.

      That's sort of the standard make up of a loophole.

      It's absolutely sane to exploit loopholes, but that sane action generally runs counter to the intention behind the rule being circumvented.

      Web sites that do this clearly run counter to the intention of the GPL, thus it's a loophole. The problem fundamentally lies with the GPL, which is exactly the reason RMS and Moglen are addressing it with GPL v3.

    9. Re:Loophole? by runderwo · · Score: 4, Insightful
      The article is a troll. What is actually happening is that GPL3 will protect server packages that already have an offer for the source code embedded in the output to the client. With previous versions of the GPL, these offers could be removed with impunity since nothing in the license required that they remain.

      Yes, obviously this can be circumvented by not distributing the modified software, such as keeping it on an in-house web server only, and then simply rejecting the GPL terms. But if you wish to distribute copies of it, you will have to leave the offer for the source code intact on any copies you make.

      This new development IN NO WAY requires anyone to release source code for a server application that they are not distributing binaries for.

    10. Re:Loophole? by Anonymous Coward · · Score: 0

      can we have the old RMS who wrote gcc and GPL back, please?

      Nope. too much pot and nasal sex with plants have destroyed the old RMS' mind beyond the point of no return.

    11. Re:Loophole? by Ziviyr · · Score: 1

      Websites that do this don't clearly run counter to the intention of the GPL as I support it.

      The website is the user of the program, the people browsing it are recieving content generated by that program, they are not running it, it is not their program, they have no rights to expect anything from the site except for what is given to them. According to the configuration of the website by the rightful user of that software, what is offered by the site may be very little, or may infact offer source code for all software running the site.

      Expanding the GPL to force source disclosure to anyone who recieves the output of GPL code is absolutely unreasonable.

      "Why does this music CD include a copy of Linux and a music generation program?"

      "Why has my entire radio program been GPLed for playing one song that shouldn't have been sanely be considered GPLed?"

      And so forth.

      --

      Someone set us up the bomb, so shine we are!
    12. Re:Loophole? by plumby · · Score: 1

      Web sites that do this clearly run counter to the intention of the GPL, thus it's a loophole.Why? The application itself isn't being redistributed, just the output from the application. If I wrote a book using a modified version of a GPL word processor, would I have to publish the modified code?

    13. Re:Loophole? by Anonymous Coward · · Score: 0

      God forbid "free" should actually mean "free," huh?

    14. Re:Loophole? by ArsenneLupin · · Score: 1
      I'm not sure why client side javascript generated by a GPL program must be encumbered by GPL

      Well, the point would be moot anyways, as client-side javascript code needs to be published for it to work...

      Nastiness taken further, I take an exerpt of some of the textual content of that page and put in in a book I write.

      Good, these guys do indeed need some exposure, hehe ;-) Just be careful that they don't attempt to have you hauled off to Guantanamo bay. Indeed, they are very protective about their IP (logos, but maybe also the overall visual appearance of their site, ...)

    15. Re:Loophole? by Ziviyr · · Score: 1

      I don't believe the point is moot. Copyright belongs to the person who wrote that code, and that person should have say about how that code gets licensed. Less psychotic or more grubby licensing may be desired, but denied because of runaway licensing in some software that was supposed to be Not Evil(tm) to it's users.

      --

      Someone set us up the bomb, so shine we are!
    16. Re:Loophole? by Sloppy · · Score: 4, Interesting
      No. While this change makes me uneasy, to think of its lack as a "limited feature" totally misses the intent of the GPL.

      To understand the GPL (version 3, but really this applies to previous versions as well) you have to stop thinking as a programmer, and start thinking as a user. (It has always surprised me that hackers (of all the people in the world?!) have been the advocates of GPL. Hackers and programmers have the least incentive, of all the population, to need this. GPL is for users.) Preferably, as a helpless user whose ass has been bitten by proprietary software. (Remember RMS and his damned printer driver in 1983.)

      Imagine you are a user of proprietary software. One day, you need maintenance. Maybe you need a new feature, or maybe you need a bugfix, or maybe an update removed a feature that you still need. And imagine you're dependent on this software. You have lots of existing documents stored in a proprietary format that only this software can use. You have been trained to use this software and not trained to use its competitor. You need it.

      But the company who made this software went out of business 4 years ago. Or they simply don't give a damn about you and will not customize their shrink-wrapped product for your obscure pathetic little whiney need, because you're as insignificant as a cockroach to them. Or they want to charge you $500 per hour for their work. Or the feature that you want happens to be against the law in their jurisdiction. Or they're just incompetent.

      You're fucked. Nobody can (or will) help you. Do you really give a damn whether the software happens to run on your local machine (it was "distributed" to you) or on a remote machine? And get this: if it runs remotely, then even if it's Free Software instead of proprietary, then you're still fucked, unless the programmer happens to be a nice guy.

      GPL is about freedom of maintenance. It should be a guarantee that you can always get maintenance. As a last resort, you can always do the work yourself or hire whoever you want who is qualified, to handle whatever you need done. GPL is a major development in safety from ever being orphaned or exploited. It forces software maintenance into a free market.

      As a programmer, if you build derived works of GPLed code, and have users who merely use your software (without distributing it to them) you are creating a situation where those users are dependent on you. They are unable to modify the software or hire someone else to do that. If you die, lose interest in the project, get in a dispute with them, etc, then they're screwed. That's totally contrary to the intent of GPL, and that's why it's a loophole.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    17. Re:Loophole? by node+3 · · Score: 4, Informative

      Websites that do this don't clearly run counter to the intention of the GPL as I support it.

      That's your opinion. However it's the opinions of the authors of the GPL (RMS and Moglen) who get to define the intention of the GPL. As they have found a flaw in the GPL which allows GPL licensed code to be used in a way counter to their intentions, they are taking responsibility and working to bring the GPL more in line with their intentions.

      Expanding the GPL to force source disclosure to anyone who recieves the output of GPL code is absolutely unreasonable.

      Believe me, they understand that and understood it long before you ever even considered that possibility, and that's why they don't intend to create that requirement.

    18. Re:Loophole? by node+3 · · Score: 2, Interesting

      >Web sites that do this clearly run counter to the intention of the GPL, thus it's a loophole.
      Why?


      Because the authors of the GPL have said so, and they are the ones who, by definition, decide their intentions when creating the GPL.

      If I wrote a book using a modified version of a GPL word processor, would I have to publish the modified code?

      Nope, and that would not only be a stupid requirement, and would violate the freedoms the FSF intends to promote.

      The fact is that web services make the web surfer the user of the program, not the webmaster. Being the user of the code, the FSF wants them to have the rights they've outlined.

      The web has created a new class of computer user which the GPL does not adequately address as per the intentions of the authors of the GPL, so they are quite rationally working to update the GPL.

    19. Re:Loophole? by Ziviyr · · Score: 1

      They *are* creating a feeble version of that requirement. As it is backed by much legalese it is very dangerous and is very likely to cause problems in the future.

      Its not a good excuse to revise the GPL, and fixing or tuning it later will create a fourth version of the GPL.

      After there are enough incompatible versions of the GPL, how much do you expect to see left of OSS? Licensing gridlock will ensue and the much feared and preached against reinvention of the wheel will be forced. I'd love for you to prove to me wrong on this though.

      --

      Someone set us up the bomb, so shine we are!
    20. Re:Loophole? by Balp · · Score: 3, Insightful

      If you take a free editor, Emacs/Open Office/Gimp and make an output that make you gain money? How much should you be forced to release? You own macros? I.m.h.o. the focus of FSF should shift from making the most virus like licence to make the best software. The think that wins the world will be really good software, not really sleek licenses.

      And what the heck is web-based applications, the TCP/IP stack that makes it all possible? The web-server code? I think adding this into a general clause in GPL3 would have some really strange implications make the use of gpl'de software much harder...

    21. Re:Loophole? by Balp · · Score: 1

      And when I put this pdf on the web, is the user me or the person that gets the pdf deliverd? The user creator is a blury world. I could also argur that I'm the user of the root dns servers, should they be forced to give out the code of there dns-server if thats gpl based? Or the TCP/IP stack? The source for the webserver?

      Shure there is one more usage, this may not have been considerd at the start, but on the other side this have always been the case with client server software? Should this also include other client server software? The web are just one fluffy betale that can change any day? And what are the parts that actually makes the web, http? html? xhtml? xml? Gif? Whan writing licenses one have to think long and hard about these issues.

    22. Re:Loophole? by node+3 · · Score: 2, Insightful

      They *are* creating a feeble version of that requirement. As it is backed by much legalese it is very dangerous and is very likely to cause problems in the future.

      Have you seen the GPL v3? You cannot say things like "they *are*" and "is backed by much legalese" without having seen the new GPL (which is quite impossible as it doesn't even exist yet).

      You can rest assured that RMS and Moglen understand the issues involved, and are considering them very carefully.

      After there are enough incompatible versions of the GPL, how much do you expect to see left of OSS? Licensing gridlock will ensue and the much feared and preached against reinvention of the wheel will be forced. I'd love for you to prove to me wrong on this though.

      Prove what wrong? That incompatible licenses create friction? Of course they do. The only alternative is to all stick with one license (or one set of compatible licenses, which really just amounts to the same thing).

      This is not as big of a problem you are implying, though. The proof is that we already *have* incompatible GPLs and a whole slew of incompatible Open Source licenses, and yet the Open Source/Free Software ecosystem is very robust.

    23. Re:Loophole? by Grab · · Score: 3, Interesting

      How does website owners being idiots affect the GPL? Will there be an explicit clause in the GPL saying "thou shalt not exclude Firefox/Konqueror/Opera/whatever from thy website?"

      They really, *really* haven't thought about this. The existing GPL said that if the derivative code stayed in-house, then you didn't have to release your changes. Now they're saying "well, your software is staying in-house, but you have limitations on what you can do with it, depending on what data you handle or that data's source". Well screw that. That's precisely what everyone hates about DRM - it's restricting how software is allowed to use data that you already own.

      Personally, I can see GPL3 getting zero use if that gets in. Or if anyone adopts it, there'll be an instant fork of that application, simply due to the licensing (Google for one are majorly unlikely to be releasing their search algorithms to the world), and all the active users will adopt the GPL2 fork, leaving a few people on a wasting-away GPL3 fork. That really doesn't help anyone.

      Basically, this proposal is exactly what we all hate about closed-source software licensing - their ability to bait-and-switch. Get people using the software, with data that's tied to the software, and then change the licensing terms on your next upgrade. "Oh, you don't want this restriction? and you don't want to pay $x to keep your software? Then goodbye, and good luck getting your data back." In this case, the GPL team are doing the same with a software install base. "Don't like this new license? then forget about using Apache, GTK, etc. Oh, that screws your business which was previously using them legally? Too bad."

      On the same topic of not thinking things through, consider the proposal to ban selected companies from using GPL software. This is even crazier. Again we're back to the ability of software licensors to arbitrarily revoke your license to use software and leave you high and dry.

      Luckily we have the ability to keep going with the GTK2 license, which I predict will be the result - the GPL3 license will die, unused and unloved. The only result will be a permanent loss of credibility for RMS and the GPL in general, which would be a shame.

      Grab.

    24. Re:Loophole? by Ziviyr · · Score: 1

      It will be backed by legalese (though a human friendly dialect where possible), since last I understood the nature of a license is legal, and they want to be legally clear and unambigous about their license. Again, feel free to prove otherwise.

      Yes there are many incompatible OSS licenses already. The problem is that making more licenses for shits and giggles is a bad idea, and over time will be an extra burden at the very least.

      --

      Someone set us up the bomb, so shine we are!
    25. Re:Loophole? by node+3 · · Score: 1

      You bring up valid concerns, but you can be very certain that RMS and Moglen not only understand the potential pitfalls, but are working very carefully to address them. That's a major reason the new GPL is taking so long to draft.

      Time will tell whether the GPL v3 is a success or a huge mistake, but whatever your opinion of RMS and Free Software, there's no reason to believe he and Moglen will make such rookie mistakes that people keep imagining.

      I could also argur that I'm the user of the root dns servers, should they be forced to give out the code of there dns-server if thats gpl based?

      That depends on how the GPL v3 ends up being written, but would that be a bad requirement? I don't see why.

    26. Re:Loophole? by node+3 · · Score: 1

      It will be backed by legalese (though a human friendly dialect where possible), since last I understood the nature of a license is legal, and they want to be legally clear and unambigous about their license. Again, feel free to prove otherwise.

      Prove what otherwise? That the GPL is a legal document? Don't be silly. That's not what you implied. You implied that it will be "very dangerous" because it "is backed by much legalese". Without having seen it, you aren't in a position to judge how "much" legalese it will require, and how "very dangerous" that will make it. I can't disprove your fears, but it's not my requirement because I'm not making the claim, you are. My claim is merely that you don't have the necessary facts on which to found your statement, which I can prove by the simple fact that the GPL v3 doesn't even *exist* yet.

      The problem is that making more licenses for shits and giggles is a bad idea

      The GPL v3 isn't being created for "shits and giggles", it's being created to address a very real concern.

      and over time will be an extra burden at the very least.

      I agree, which is what I meant when I wrote, "that incompatible licenses create friction? Of course they do." I thought that was fairly clear.

    27. Re:Loophole? by Ziviyr · · Score: 1

      The fact is that web services make the web surfer the user of the program, not the webmaster.

      I think you're wrong. The user of a program is the one that downloads installs/authorizes code execution on their system.

      The owners of a website use a web server and web apps to deliver output to the persons browsing the site. The people browsing the site have no authority over the software other than is granted by the owner of the web site.

      Likening use of HTTP to linking a library is wrong, and IMO idiotic.

      --

      Someone set us up the bomb, so shine we are!
    28. Re:Loophole? by Minna+Kirai · · Score: 0, Troll

      The existing GPL said that if the derivative code stayed in-house, then you didn't have to release your changes.

      No, the GPL never said that. Many, many people have said so, including some FSF personnel, but the GPL text itself says nothing of the kind. (in fact, it implies the opposite for most circumstances). If you think otherwise, go ahead and paste where the GPL says this.

    29. Re:Loophole? by mikiN · · Score: 1

      Well, the point would be moot anyways, as client-side javascript code needs to be published for it to work...

      Except that it doesn't need to be human readable. There are quite a number of sites out there that send their javascript 'encrypted', to be decrypted into a popup window or an iframe for which the user 'supposedly' cannot view the source. Breaking the encryption, although trivial, may very well be in violation of the DMCA.

      --
      The Hacker's Guide To The Kernel: Don't panic()!
    30. Re:Loophole? by mosch · · Score: 1, Flamebait

      Sounds like one more reason to release code under the BSD license, so it can be truly free.

      The GPL version of "freedom" isn't.

    31. Re:Loophole? by TheRaven64 · · Score: 3, Interesting

      The FSF (well, RMS) has stated in the past that Free is more important than Good. This is where they disagree with the Open Source people, who believe that Free eventually produces Good. My personal view is that Free has a certain value, and Good has a certain value - which is more valuable depends on the individual application, and the respective quantities of each.

      --
      I am TheRaven on Soylent News
    32. Re:Loophole? by node+3 · · Score: 1

      I think you're wrong. The user of a program is the one that downloads installs/authorizes code execution on their system.

      Your definition of "user" is flawed. A user is (it's in the actual word) the one who uses the program. That's it. One doesn't need to download, install, or authorize a program to be a user, one merely needs to use the program. That often entails downloading and such, but doesn't require it.

      The owners of a website use a web server and web apps to deliver output to the persons browsing the site.

      No, they don't. A computer delivers the output. The owner of the website provides/allows access to the services, the services provide the output.

      Likening use of HTTP to linking a library is wrong, and IMO idiotic.

      Good thing no one is doing that.

      I find the uproar over this quite amusing. If MS, Apple, IBM, etc, can restrict network use of their software via license, why can't the FSF? The fact is, they certainly can.

      There are really only two questions:

      1. Is this in line with the ideals of the FSF? I believe it is, but more importantly, RMS thinks it is.
      2. Will this cause unacceptable problems? It's up to those who are in a position to accept the license to determine whether it's acceptable or not, which requires an actual license to begin with. As for whether it causes problems is up to RMS's and Moglen's ability to draft a useful license. They have shown proficiency at this in the past, so it's a bit unfair to assume the worst.

    33. Re:Loophole? by mikiN · · Score: 1

      ...nothing else grants you permission to modify or
      distribute
      the Program or its derivative works.


      Pesky little words can make a lot of difference.
      Doesn't editing Makefiles and/or configuration scripts to make the software work in your environment qualify as 'modifying', meaning you have to accept the license? Doesn't editing scripts which are to be run by the client qualify as both 'modifying and distributing', meaning you have to accept the license?

      --
      The Hacker's Guide To The Kernel: Don't panic()!
    34. Re:Loophole? by adrianmonk · · Score: 2, Insightful
      That's your opinion. However it's the opinions of the authors of the GPL (RMS and Moglen) who get to define the intention of the GPL. As they have found a flaw in the GPL which allows GPL licensed code to be used in a way counter to their intentions, they are taking responsibility and working to bring the GPL more in line with their intentions.

      Yes, by limiting the freedom of people to use free software for purposes Stallman doesn't like. Stallman is making this change for one simple reason: he wants more control over how people use free software. I'm sure he wants this for an understandable reason (probably to prevent people from benefiting when they don't give back), but that does not mean it's a good idea. To me, when you start imposing too many restrictions, you start defeating the purpose of free software.

      Plus, let's not forget what happens when you make free software too difficult for commercial entities to use: they find something else, and they standardize on it instead of free software. Let's imagine you want to modify Apache to make some change that would benefit you but would give your competitor an advantage (but wouldn't really be useful to most regular people), but let's also imagine the license to Apache has been changed to force you to open source changes you make. You really need this feature, but adding it to Apache has too many negatives because of the licensing terms. What are you going to do? You're going to use some other software instead that gives you the feature. And that's bad for the free software world, because if it happens too often, people will standardize on something else and free software will become marginalized.

    35. Re:Loophole? by Vengeance · · Score: 1

      This concept, while not explicitly set out in words, is generally how people understand the terms 'copy' and 'distribute'.

      Essentially, as long as one does not publish code, the terms of the GPL which call for source code release are never invoked.

      --
      It was a joke! When you give me that look it was a joke.
    36. Re:loophole? by Minna+Kirai · · Score: 1

      The GPL covers distribution not use,

      The goal of the GPL has always been to empower computer users to modify the programs they run: freedom for users and for code. RMS wanted to ensure that no author could be forced to pay for a modified copy of a program that he himself had released for free.

      In the ancient past, there was no Internet, and it was uncommon for someone to run software without it having been distributed to her. But in the future, a greater and greater number of apps will be solely accessed on remote servers, with compute-subscription payment plans. Under GPLv2, the end-users would have no right to the code they're using. The initial goal has been failed.

      Seirously, taken literally this says that if I run a webapp on a GPLed server or even a GPLed OS

      That comment has no relationship to the actual GPLv3 proposal.

    37. Re:Loophole? by pmc · · Score: 1

      I'll go to the horse's mouth here

      http://www.gnu.org/licenses/gpl-faq.html#GPLRequir eSourcePostedPublic

      It all hinges on what "you" and "distribute" mean. This clarification tells us that in the licence "You" can apply to corporate entities, and that distribute means to third parties (i.e. people who aren't you - those outside the company).

      So you challenge is to find something credible that backup up your statement - that in-house changes should be distributed.

    38. Re:Loophole? by Balp · · Score: 1

      My view is that the part where there Free stuff gains more of the world, it have to be good. And if it's good it will spread. Personally I'm not sure that GPL'ed stuff is free, for my beliefs in free. For me it's the least free of all the open source licenses. I don't like the link directive as it's unclear and imho no longer usefully relevant. lgpl i personally think is a better version.

    39. Re:Loophole? by Minna+Kirai · · Score: 1

      I'll go to the horse's mouth here

      No, the "horse's mouth" would be the GPL itself, or an attributed quote by Eben Moglen, or attribution to any person at all, or at the very least something with a smidgen of explaination beyond "I just said so".

      This clarification tells us that in the licence "You" can apply to corporate entities, and that distribute means to third parties

      That clarification is on the FSF's website. It is not valid or binding to any of the numerous non-FSF entities who attach the GPL to their software. Linux is bound only by the text of the GPL, not by random addenda published by other groups.

    40. Re:Loophole? by stuntpope · · Score: 4, Insightful

      The article didn't go specifically into whether this would apply to non-commercial sites. I currently develop web apps using GPL'd software for the defense department, some of which are publicly available. You know what will happen if GPL 3 says I have to have a link to "download the source of this application" on my sites? A directive that forbids use of GPL software, that's what, and hello Microsoft.

    41. Re:Loophole? by nickos · · Score: 2, Interesting

      "The web has created a new class of computer user which the GPL does not adequately address as per the intentions of the authors of the GPL, so they are quite rationally working to update the GPL."

      I broadly agree with you but am not sure that it's really a new class of computer user. Is there really much difference between a web application running on a remote machine which presents it's users with a browser based interface and a normal X Window System client application running on a remote machine which presents it's users with an Xt/Qt/Gtk based interface? They're just programs that run on a remote machine with different interfaces. I suppose the problem is how you define the user - is it the person responsible for setting up the remote machine or the one who interacts with the running program? I, like you, would argue the latter.

    42. Re:Loophole? by Balp · · Score: 1

      I'm also sure that FSF will address these problems and this is part of what they have behind looking into the problems. However many in the current /. audience have not yet looked into these side of the coin.

      The problem with the dns servers will be that anyone that uses a software probably will end up to have to be a distributer. On a technical merit I'm not sure if that is a good development. I think that if i used emacs to generate HTML stuff for my web-site, or Linux as kernel on that host this shouldn't help anyone that I was forced into have the code for Linux/emacs on my web-site. Yes that's the other far fetched end of this.

      Personally today i think that the linked part of the GPL is close to a such mistake. The hole discussion about binary modules, drivers for the Linux kernel points in a such direction. I'm however can't figure out a better way to get to there goals.

      However being a pragmatic person, I prefer other methods to get toward my own goals. Only having software around that I can open and edit the code for, so if it don't work for me I can make it better.

    43. Re:Loophole? by node+3 · · Score: 1

      Yes, by limiting the freedom of people to use free software for purposes Stallman doesn't like.

      Absolutely wrong. Stallman doesn't like Communism, but his license doesn't say the Chinese can't use emacs to draw up the death-sentence for some dissident.

      The *sole* purpose of the GPL is to promote the FSF's Four Freedoms. Nothing more, nothing less.

      It's an irony, but inescapable fact, that to promote freedom, one must actually limit freedom. It sounds illogical, but it's not a matter of logic, it's a matter of reality. For example, if you don't have laws that limit someone's ability to kill someone else, you have less overall freedom because the threat of being killed can be used to force people to do what you want.

      Similarly, the GPL limits certain freedoms (more specifically, it outlines certain responsibilities, and limits your ability to add further licensing restrictions to a piece of software) in order to promote more freedom overall. Of course, just as in the real world, it's possible to go overboard and limit freedom in such a way that is not rational. I'm sure you can think of some laws right now that do that. The GPL, on the other hand, does not do that. The GPL is simple, is predicated on four basic freedoms, and is fully consistent with those four freedoms.

      Plus, let's not forget what happens when you make free software too difficult for commercial entities to use ... that's bad for the free software world, because if it happens too often, people will standardize on something else and free software will become marginalized.

      RMS's goal is not for all software to free. His goal is for free software to exist. He has stated many times that you are perfectly free to use non-free software all you want. ESR is the one who's more concerned with promoting a system he sees as superior for practical reasons (read The Cathedral and the Bazaar), and while he's a libertarian, he really isn't primarily focused on promoting freedom, he sees that as a nice side-effect.

      So, stating that the new GPL may make some companies not use the GPL is not a counter argument because it doesn't have "companies use GPL software" as its primary goal. If you want that, the BSD license is more in line with that goal. You (and everyone else) is free to chose whatever license they wish for their own fully-owned code.

    44. Re:Loophole? by Rich0 · · Score: 1

      Uh, do you really think that RMS cares if a megacorp uses emacs as their primary word processor? That wasn't the reason that he wrote it.

      RMS's goal isn't to make FOSS popular in the fastest way possible. RMS believes that non-free software is immoral and wants to ensure that there is moral software out there that he and others of like mind can use. Long term he'd like to stamp non-free software out of existance, by building up such a huge library of free software that nobody would conceive of reinventing the wheel just so they can make it proprietary.

      Rmemeber, RMS doesn't just care about people who develop software - he also cares about end-users. The end-user of a website isn't the company that runs the webserver - it is somebody at home with a browser. So, his philosophy would tend to suggest that this user should be able to access the source to the web server.

    45. Re:Loophole? by Minna+Kirai · · Score: 1

      Is there really much difference between a web application running on a remote machine which presents it's users with a browser based interface and a normal X Window System client application running on a remote machine which presents it's users with an Xt/Qt/Gtk based interface?

      The difference in practice is that on traditional installs, a person able to run X11 apps could also get to a command-shell or file-manager, and then could navigate over to the /usr/bin directory where the programs live, and make a copy of the binary. If that binary was GPL (which an interactive program must always mention in the splashscreen or about-box), then the user would know she has permission to redistribute the copy indefinately.

    46. Re:Loophole? by antaeogo · · Score: 2, Insightful

      > The idea is that an author may license some GPL code that has code to allow
      > the source dto be downloaded, and the license may say you have to keep that
      > feature. You can safely avoid software that has no such nonse...

      You're right, you can. And how many users are really paying to the license when they install an application?

      Right, but what implications will this have, for example, on PHP applications which typically store sensitive information in the source files. (Sensitive being database passwords, directory paths, etc). Say an author codes in a means to output the sourcecode of any of the applications files including the one with the configuration information in it. Is the user forbidden from removing that function, or modifying it? Most people I know currently frown upon that kind of functionality, we call it a "backdoor" /trojan, but the GPL3 could endorse it?

      Have I completely misunderstood the impact of such a clause?

    47. Re:Loophole? by Bogtha · · Score: 2, Interesting

      What is actually happening is that GPL3 will protect server packages that already have an offer for the source code embedded in the output to the client. With previous versions of the GPL, these offers could be removed with impunity since nothing in the license required that they remain.

      This is not true. From the GPL:

      1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty;and give any other recipients of the Program a copy of this License along with the Program.

      The license requires that you keep such offers intact.

      The problem, though, is that you only have to agree to the license if you are redistributing it. Installing and running something on your server does not constitute redistribution.

      If a default template or similar includes the offer for source code, you are forbidden from removing it by the license, and since you are forbidden from removing it, you must therefore be copying it. However, you aren't bound by the license until you start copying, so if you remove it beforehand, you won't be copying and so you won't be bound by the license at all.

      I don't see how the GPL 3 can do what people are saying it will without changing from a normal Free Software license to an EULA.

      Yes, obviously this can be circumvented by not distributing the modified software, such as keeping it on an in-house web server only, and then simply rejecting the GPL terms. But if you wish to distribute copies of it, you will have to leave the offer for the source code intact on any copies you make.

      But keep in mind that installing it on a public web server does not constitute copying beyond the terms described in 17 USC 117, which you don't need a license for.

      --
      Bogtha Bogtha Bogtha
    48. Re:Loophole? by elblanco · · Score: 1

      That's the biggest crock of bullshit I've ever heard. Freedom is earned not dictated.

    49. Re:Loophole? by squoozer · · Score: 1

      I really hope you are right. If not I can see free software going the way of the dodo. All the companies I have have worked for have taken a dim view of GPLed code anyway. For the most part they have accepted it into the fold because they are producing web applications that would never be used outside the company. One wiff of the type of clause mentioned in the article and they would ditch GPL software in the blink of an eye.

      I think there are probably quite a few companies unknowingly helping open source software. A developer who finds a bug in a piece of open source code is likely to at least flag it to the developers and possibly even develop a patch. While the company might not be directly supporting open source millions of little patches can make for robust software. These patches just wouldn't appear if companies are scared away from the GPL.

      --
      I used to have a better sig but it broke.
    50. Re:Loophole? by nickos · · Score: 1

      Good point. The GPL is more concerned with source than with binaries though and just because a user might have access to the binary it doesn't mean they have access to the source.

      Regarding notifying the user of a program that it has been GPLed, the GPL says:

      If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
      --snip--
      The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

      If a web application is written using say JBoss (GPLed middleware) there is no technical means that I can see for it to mandate that applications running on it must present licence information to the user. Perhaps JBoss has a command line argument which displays it's GPLed status but that will only be visible to the webmaster.

    51. Re:Loophole? by Anonymous Coward · · Score: 0

      Did you read the interview?

      huh?

    52. Re:Loophole? by adrianmonk · · Score: 1
      RMS's goal isn't to make FOSS popular in the fastest way possible. RMS believes that non-free software is immoral and wants to ensure that there is moral software out there that he and others of like mind can use.

      I understand that goal and incidentally think it is a good goal to have. However, if the goal is to make FOSS popular, then an overly-restrictive license should be avoided. Making the licensing more restrictive than it is now won't promote development of the software, and it won't promote adoption of it either. All it will do is make free software a high-maintenance proposition and drive people to alternatives, most of which will be closed source.

      I think the reason this is so important to me is twofold. First, if a free software package becomes more popular and more well-known, it gains momentum and interest, and that tends to help it become better software because more people want to get involved. Second, I want to be able to trade data with other people. I'm sure everyone is familiar with the experience of wanting to be totally open source but recruiters demanding resumes in MS Word format. When people standardize on software that isn't free, it makes life difficult for those who want to use free software. Adding barriers to adoption of free software makes this worse, and a license that is too complex can easily be a barrier. We should be looking at ways to make it easier to adopt open source software, because it benefits the community when people adopt free software over proprietary software, even if they contribute nothing back and get rich using the free software.

    53. Re:Loophole? by Tassach · · Score: 4, Insightful
      [RMS] has stated in the past that Free is more important than Good.
      Which demonstrates that he's an ideagogue, not an engineer. This kind of rabid, single-minded outlook is something I'd expect to be coming from a right-wing radio talk show host. The best way to make free software the norm is to make free alternatives to propriatary applications that are as good as, or better than, the products they are replacing. People use software because they want to get something accomplished, not to promote an ideology. If a propriatary tool does the job better, a smart person is going to choose it over the free alternative. Good always trumps free.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    54. Re:Loophole? by Anonymous Coward · · Score: 0

      Yeah, and maybe someone will come up with a spell checker so that people can spell "proprietary" correctly, too.

    55. Re:Loophole? by Mr.+Underbridge · · Score: 3, Insightful
      The purpose of the GPL was to ensure that if someone gives you software for trade or for free, that you don't end up screwed because you have some unmodifiable binary - that instead you have the source. In this case, these web companies are not giving you software. And I'll repeat an argument that's already been made, namely how is this different than a store that's not online? Or is this just another version of "Anyone who actually makes money has to pay to use GPL'd software even internally"?

      The GPL, if it includes all the things it's been alleged to have planned, will alienate every single corporate user it has. At that point, it really will be for hippies living in their parents' basements.

    56. Re:Loophole? by Anonymous Coward · · Score: 0

      " One wiff of the type of clause mentioned in the article and they would ditch GPL software in the blink of an eye."

      They would only think it affected them if they misread the intentions of the GPL on this matter.

    57. Re:Loophole? by Anonymous Coward · · Score: 0

      If I'm not mistaken, no it does not. Makefiles and other build configurators are not generally considered "source code" for this purpose.

      However, nothing explicitly says that, so, hmmrph.

    58. Re:Loophole? by cozziewozzie · · Score: 1

      Plus, let's not forget what happens when you make free software too difficult for commercial entities to use: they find something else, and they standardize on it instead of free software.

      The real question is if we really give a crap. I use Free Software because I enjoy the freedom. I use it because I like the openness. I don't use it because I hope some commercial entity will start using it. If they don't like it, they're free to write their own damn software instead of using the work of others for profit.

      I'm not particularly worried about Free Software being marginalised. It has been marginalised for the majority of its existence, and I still have a powerful system running at home, which is 100% free. I don't think we should make concessions to proprietary developers instead of considering what is important for freedom of software, and our freedom to develop. And this seems to be a case of developers using GPL software for their own profit, but not contributing back to the community.

    59. Re:Loophole? by eraserewind · · Score: 1

      It's as users that programmers discover the GPL. Why else is it that there are more programming tools than anything else (excepting perhaps half finished mp3 players) in the GPL world?

      It's the people who expect developers to provide GPL applications that the developers have no interest in or would recieve no reciprocation for, like all the people asking for Law or Medical related GPL software on ask slashdot a few months back, that are the ones who need their heads examined (perhaps with GPL head examining software).

      I disagree with your last paragraph. Those people are not using the software. They are using the service that the service provider provides by his usage of the software. He could change that software and they would never notice. However you are correct, a service always depends on the person providing it. If you want to free the service in addition to freeing the the software, then that's a whole nother license than was accepted by the people who accepted GPL2.

    60. Re:Loophole? by Achromatic1978 · · Score: 1
      You know it would. For exactly the same reason I wouldn't be allowed to release my 'free software' application which was a modified piece of GPL software.

      The GPL is intended to be viral, not selective, for better, or worse.

    61. Re:Loophole? by Grab · · Score: 1

      Sorry, but there are two ways in which your interpretation fails.

      Firstly, releasing code in-house is *not* "distribution". This has been covered pretty well by other posters, but anyway. Every in-house PC is owned by the same entity, the company. Consider if you install Linux on three PCs at home - you're not "distributing" it to yourself each time, you're copying it from a single install CD/DVD/ISO that you already have. And copying explicitly is *not* covered, because the GPL differentiates between copying and distributing...

      You may copy and distribute...

      ...and it places some specific restrictions on distributing only:-

      You may modify your copy or copies of the Program ... provided that you also meet all of these conditions ...

      b) You must cause any work that you distribute or publish ... to be licensed as a whole at no charge to all third parties under the terms of this License.


      But there's a second point as well, though: even if this *was* classed as "distribution", the modified code would *still* not have to be globally released. And here's for why...

      You may copy and distribute the Program ... provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange...

      If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.


      This shows that even if internal in-house use counted as "distribution" (which it doesn't), then all you would have to do to satisfy the GPL is place the modified code on the same internal server from which your employees install it. There is no requirement that the rest of the world be able to access that server. Or if your employees install it from CD, put the source code on that CD - again there's no requirement to send the CD to anyone else. So in neither case will the modified code leave the company. And since the servers are company-internal, I wish you luck in finding out whether that happens or not! ;-/

      Grab.

    62. Re:Loophole? by Crayon+Kid · · Score: 3, Insightful

      And you know what I find even more worrisome? IIRC, software licensed as GPL v2 includes a notice saying "either version 2 of the License, or (at your option) any later version". It was all very nice for as long as there wasn't any later version, or it was assumed that a later version would automatically be better and desirable. But how does this work out if the presumption fails? What happens if I've published my code under v2 and the users everywhere decide to apply v3 to it? What if I don't find v3 particularly appealing?

      --
      i ate crayons when i was a kid and now i have two braincells and the blue ones taste nicer
    63. Re:Loophole? by plumby · · Score: 1
      Because the authors of the GPL have said so,Not by my reading of the article they haven't. The author of the article uses the word loophole, not the authors of the GPL - Stallman says that they're "looking into" it.

      This suggests it's a scenario they hadn't considered when creating the GPL and they are now considering how they should deal with it. That's very different to a "loophole" where the intention of the licence is extremely clear but people are using clever tricks to avoid it.

      The fact is that web services make the web surfer the user of the program, not the webmaster.

      Maybe, but in the same way that a reader is the user of a book, not the author. To my knowledge, the current GPL talks about copying and distributing, not using. In the case of the app running on your website, you are not copying or distributing the actual application to anyone. They cannot take this application and install it somewhere else, they are simply using a service that you are providing.

      >>> If I wrote a book using a modified version of a GPL word processor, would I have to publish the modified code?

      Nope, and that would not only be a stupid requirement, and would violate the freedoms the FSF intends to promote.

      Indeed it would - so if I used my program to write static HTML which I then published, would this program require me to publish the source?

      The web has created a new class of computer user which the GPL does not adequately address as per the intentions of the authors of the GPL, so they are quite rationally working to update the GPL.

      That's fine. They are the authors. They can extend the licence, and its intent, for a future version. I have no problem with that, but I disagree that this somehow makes current use of GPL software for creating your website "a loophole".

    64. Re:Loophole? by _iris · · Score: 2, Insightful

      The way I understand it is that if the PHP authors create the feature to automatically create a mechanism for users of your web server to download the PHP source code, you must leave this in place. It is not referring to your source code.

      If you are using a CMS, like SlashCode, and if the CMS authors create the feature to allow users of your server to download the SlashCode source code, you must leave this in place. I doubt that any CMS author would design this feature to download the files that are actually in use on your webserver. They would most likely turn your web server into a cacheing proxy for the main distribution web site.

    65. Re:Loophole? by Anonymous Coward · · Score: 0
      (It has always surprised me that hackers (of all the people in the world?!) have been the advocates of GPL. Hackers and programmers have the least incentive, of all the population, to need this. GPL is for users.) Preferably, as a helpless user whose ass has been bitten by proprietary software. (Remember RMS and his damned printer driver in 1983.)
      You answer it yourself, a hacker bitten by proprietary software is as helpless as a user.
    66. Re:Loophole? by Pharmboy · · Score: 1

      I think you have it right on. My understanding is that you can even use your own NON GPL code in the same application as GPL code and you do not ever have to publish YOUR additions, as long as you do not distribute the program outside of your organization. While this may not be the most desirable situation for some, it appears to be perfectly legal.

      So if ABC, Inc. modifies a GPL application for its own use, adds its own code to modify it, the corporation owns the modifications, so even if some yahoo employee distributes the changed modification, the changes are not GPL because the employee didn't own the new code, or have the authority to distribute the changes, thus ABC still owns the copyright to the changes. As long as they do not distribute it, they can use the code as they see fit.

      Once they start selling/offering the software to anyone else, THEN the GPL distribution clause kicks in, and they must provide the source and assumably either GPL their additions, or find some way to license them seperately that is not in conflict with the GPL (not likely, but possible depending upon the changes).

      One example is that we use some GPL code for web applications here that customers access (shipment tracking, etc.) Usually its snippets of code, subroutines or very small programs to do basic stuff that we modify. We usually do not distribute the applications to anyone. The apps ARE GPL but we do not distribute them, thus provide no source code. The couple of apps we have distributed reflected this with proper credit within the provided source. If I started giving this software to our DEALERS, so they could use it, I would ONLY be obligated to provide the source code to THEM, not the general public, because I have only distributed the changes to them. I would have no authority to stop them from distributing further, however.

      As I read the article, Versions 3 would muddy the waters in a situation like this, and could make some version 3 GPL software less attractive. It is still just a draft, but I think RMS has to be careful not to push the GPL into what many would consider to be less than really Free.

      --
      Tequila: It's not just for breakfast anymore!
    67. Re:Loophole? by dos_dude · · Score: 1
      I currently develop web apps using GPL'd software


      Are your apps GPL'd? If they aren't, you don't need to have that link.
    68. Re:Loophole? by caseydk · · Score: 1, Insightful

      Actually, forcing people to give up their property for "the Good" is a leftist idea. Ie. Communism and Socialism

      A person should use the best tools for the job period.

      The GPL 3 is ONLY going to give ammo to Microsoft, et al and that's the LAST thing we need to do. RMS and crew need to realize that yes, there are groups building proprietary tools using a partially GPL'd backend, but this has only encouraged others to innovate more. Look at Gmail. Because of its influence and popularity, it served as one of the primary sparks for the concepts of AJAX and the huge number of applications since built.

    69. Re:Loophole? by mmkkbb · · Score: 1

      Simple. Change the license to be ONLY GPL v2.

      --
      -mkb
    70. Re:Loophole? by Anonymous Coward · · Score: 0

      Well, to keep it short - you're f*cked. You can only hope v3 will be more restrictive in all senses and will not make you liabile for damages caused by your software (or something similar).

    71. Re:Loophole? by KarmaMB84 · · Score: 1

      I can't wait for the first batch of awful security holes where someone managed to get this "feature" to download or access files other than the software sources.

    72. Re:Loophole? by KarmaMB84 · · Score: 1

      It will allow users of alternative browser to exact revenge by gangbanging the server repeatedly downloading the sources to the software until the server is shut down due to bandwidth overuse or the owner loses their entire life savings to his ISP for a massive bandwidth bill. What recourse will he have if the source downloading is legitimate traffic?

    73. Re:Loophole? by fury88 · · Score: 1

      " Did you read the interview? ..." Exactly! I've been reading interviews and articles in eWeek about this as well. They are still in the brainstorming phase. The guys have said this is the most agonizing decision they've ever had to make because they know this GPL will affect Open Source everywhere. This WILL be well thought out when they are done I am SURE of that.

    74. Re:Loophole? by G-funk · · Score: 2, Insightful

      Bullshit. This is exactly what RMS wants. He wants people to have to give away the source for any web app you use that is based on gpl (3) code. He hates the fact you can get linux, add to it, and farm out the services you create via the web without giving away your source. That is the only reason for GPL 3. to stop the people using the license he's been preaching for a dozen years and charging people for the software while not giving source to go with it. You may agree with him or not (I choose not coz he's a flaming nut) but don't pretend that's not what he's angling for.

      --
      Send lawyers, guns, and money!
    75. Re:Loophole? by Dwonis · · Score: 1
      One wiff of the type of clause mentioned in the article and they would ditch GPL software in the blink of an eye.

      Why should anyone care? Those companies will simply lose an advantage they might otherwise have over their competitors.

    76. Re:Loophole? by Anonymous Coward · · Score: 1, Informative
      It's your fault for leaving that phrase in your source files.
      The simple solution is to leave the phrase out.
      All of my (GPLed) source code has the following:
      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; version 2 of the License.
      Notice how that differs from the original, which states:
      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.
      Note that there is nothing in the GPL (v2) that prevents one from modifying the paragraph in the source code that refers to it.
    77. Re:Loophole? by rjstanford · · Score: 1

      What happens if I've published my code under v2 and the users everywhere decide to apply v3 to it? What if I don't find v3 particularly appealing?

      Well, then you really shouldn't have released your code under a license that had subclauses that you disagreed with. Once its released though you can't go back and relicense it retroactively. You can add optional licenses, but can never retract them. Unless the license says that you can, which the GPL does not.

      --
      You're special forces then? That's great! I just love your olympics!
    78. Re:Loophole? by Minna+Kirai · · Score: 1

      Firstly, releasing code in-house is *not* "distribution". This has been covered pretty well by other posters, but anyway.

      No, they haven't covered it well. Several of them have claimed that, but when asked to link to an authoritative source, they wind up undermining their position (read the response to that one).

      Specificially, US copyright law contains text limiting to copyright holders the right to "distribute copies ... to the public". Because they felt it necessary to append "to the public", we can see that legally, the word "distribute" does not automatically imply public reciept on its own.

      and it places some specific restrictions on distributing only:-

      Yes! The GPL places restrictions on "distributing" only. It doesn't qualify "distribute" with "to the public", meaning that it applies also to non-public distribution.

      b) You must cause any work that you distribute or publish

      That line from the GPL is further proof that, for purposes of GPL compliance, "distribution" and "publication" are different things.

      This shows that even if internal in-house use counted as "distribution" (which it doesn't),

      It does.

      all you would have to do to satisfy the GPL is place the modified code on the same internal server from which your employees install it. There is no requirement that the rest of the world be able to access that server. Or

      True, that's all you have to do. And once you do that, your employees have freedom to upload that code to the Internet themselves. So unless your company has only a tiny number of employees, one of them will inevitably decide to do that. It has been effectively "released". In earlier postings, I already acknowledged that the dispute isn't about the corporation being obligated to put up the code on a public site, but whether they were allowed to block their own employees from redistributing that code.

      (Note that the corporation cannot place the source code on some internal server, but then prohibit employees from copying that code to elsewhere. That would violate GPL item 6, "place no further restrictions")

    79. Re:Loophole? by anthony_dipierro · · Score: 1

      If you take some GPL'd code, modify it, and use it to sell stuff over the web, why shouldn't you be obligated to give back to the community whose work you are using to make money?

      It sounds good in theory, but in practice how would it work? Would you really have to provide a live copy of your scripts to anyone who requests them? Let's hope you don't have any passwords in your config files. Not everyone has a pristine development cycle, where the software is packaged up and then installed. And even the act of installation is modification.

      Actually, if you read the GPL carefully, binaries are considered a derivative work. So now anyone who compiles apache and runs a website has to provide access to the apache binaries? It's a ridiculous requirement, and will greatly increase the number of people violating the GPL and lessen the overall respect for the GPL. Why shouldn't you be obligated? No, why should you be obligated?

      Such a clause would cause a huge split in the GPL community. Many if not most projects would be forked into "or any later version" and "version 2 only" projects. The business world would almost universally choose the version 2 exclusively, and even open source advocates like ESR would probably join that camp. The GPL, and eventually the FSF, would be dead. Maybe in that sense it's a good thing, it'd provide incentive for the software community to switch to a more free license like CC-BY-SA.

    80. Re:Loophole? by flosofl · · Score: 2, Funny

      ideagogue

      Did you just combine the words pedagogue and ideologue? Because I can't find it in any dictionary. Interestingly, both words seem to fit RMS.

      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
    81. Re:Loophole? by Sketch · · Score: 1
      I doubt that any CMS author would design this feature to download the files that are actually in use on your webserver. They would most likely turn your web server into a cacheing proxy for the main distribution web site.

      The point of the clause is to ensure that your modifications are available. I imagine most web software with this feature just links to a tarball that lives somewhere inside it's directory, rather than create an archive on the fly. So if you use software like this, you will probably just have to provide a modified distribution-ready tarball that is available for download off of your site.

      --
      -- OpenVerse Visual Chat: http://openverse.com
    82. Re:Loophole? by squoozer · · Score: 1

      Simple, while a company might not have a policy of supporting open source directly most would turn a blind eye to their developers submitting occasional patches and bug reports for problems they find. In this way open source has thousands of highly skilled people checking over the code which it wouldn't otherwise have if the company had chosen a closed source alternative. While it is hard to quantify the loss I'm sure a clause such as was mentioned in the artice would, in the long run, hurt progress on many open source projects.

      The point is fairly moot though since the article was, at best, badly worded if not out right wrong.

      --
      I used to have a better sig but it broke.
    83. Re:Loophole? by memfrob · · Score: 1
      The purpose of the GPL was to ensure that if someone gives you software for trade or for free, that you don't end up screwed because you have some unmodifiable binary - that instead you have the source.

      Curious. I thought the purpose of the GPL was to foster Free Software - that is, software I am free to modify to suit my purposes and share with others, as long as I share my modifications with others. It allows me to work off the backs of others, as long as I'm willing to allow others to work off of my back. Currently, a web service using GPL code has taken a shortcut by exploiting someone else's work... what are they giving back?

      --
      The Wizard utters the word 'frobnoid!' and cackles gleefully
    84. Re:Loophole? by EvilNebby · · Score: 1

      Thats all we need is a bigger, nastier, NMCI.

      --
      --- Nebulous
    85. Re:Loophole? by Mr+Z · · Score: 1

      Besides, isn't it rather irrelevant? Ok, suppose editing the Makefile to get program X to build constitutes modification, and GPL v3 requires you to post your modifications. Big deal. You'd have a link on your website to the modified Makefile. How edifying. *snort*

      I personally don't mind that GPL v2 allows companies and websites to take my GPL'd code, make proprietary modifications, and then deploy that code on their servers without sharing the modifications. In a sense, it's an awful lot like the First Sale doctrine, although that space is already confusing enough wrt. to software. The real point is, I offer my software to people to use and modify as they see fit. If they want to start distributing a modified version, though, they need to pony up the changes. That seems fair. If they just want to use it to run their site, I don't mind that GPL v2 doesn't require them to share the changes.

      Incidentally, if you have GPL v2 Java applets, JavaScript, or other code that gets downloaded by your web browser, that is distribution in my opinion. But, then, "View Source..." lets you get at most of that. (Just not the Java applets.)

      --Joe

    86. Re:Loophole? by vertinox · · Score: 2, Insightful

      Good always trumps free.

      But million dollar marketing campaigns, FUD, and 800lb gorillas always trumps good. :(

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    87. Re:Loophole? by anthony_dipierro · · Score: 1
      http://news.zdnet.com/2100-3513_22-5884172.html
      Stallman said developers may be encouraged to add a command to their GPL-licensed Web application that lets users download the source code. The inclusion of this command in modified versions of the program will then be enforced by an additional clause in GPL 3.
      "We're looking at an approach where programs used (on a public server) will have to include a command for the user to download the source for the version that is running," Stallman said. "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."
      This change would have no effect on existing software but could be added by developers to future versions of a particular program, according to Stallman. He said this was only a "tentative plan" as it has not yet been studied fully to see whether it would work.
    88. Re:Loophole? by mrchaotica · · Score: 1
      extended partially to include recieving output of a program as a basis for the right to have its source code
      Here's the thing, though. It's not just "receiving output of a program." That would be like reading a printout. This, on the other hand, is using the program remotely, similar to telnetting in.

      The point of the GPL is to protect the users (NOT the software itself!), by giving them the freedom to modify the software they use as they see fit. A remote user is still a user!
      --

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

    89. Re:Loophole? by node+3 · · Score: 2, Informative

      That's very different to a "loophole" where the intention of the licence is extremely clear but people are using clever tricks to avoid it.

      The intention of the license is very clear--it's to promote four very specific freedoms. In the opinions of RMS and Moglen, the current version of the GPL fails to ensure those freedoms in a specific set of circumstances. This is due to a loophole--a loophole not between the wording of the GPL and this specific set of circumstances, but a loophole between the intention of the GPL and that set of circumstances.

      To my knowledge, the current GPL talks about copying and distributing, not using.

      Copying is where the GPL applies, because it's based on copyright law. Distribution is where they chose to focus because:

      1. This keeps the GPL simple (too complex and unintended consequences are more likely)
      2. Distribution was the most prevalent way users became users.

      Now, it's increasingly common for a person to become a user (as per the opinions of RMS and Moglen, and their opinion is what applies regarding the intent of the GPL, as it is their document) without having the software they use having been distributed to them. Therefore, in order for the GPL to more accurately address the intentions of its authors, it will need to be updated, which is exactly what they are in the process of doing now.

      Indeed it would - so if I used my program to write static HTML which I then published, would this program require me to publish the source?

      I'm fairly certain they do not intend this, and that the new GPL will not require this. If you read the pages on the FSF site, it will become clear that they believe users should have the right to use modified GPL'd software without distributing their changes if they so desire. Your static HTML example would fall into this category.

      It's only because web surfers are, in effect, using the software that this question has come up.

      If you use a program to create a static html page, you are the user. If I click a button on a web page, the program that is run by my click is now being used by me, and thus I am the user.

      At least, as far as RMS is concerned, as I understand it.

    90. Re:Loophole? by anthony_dipierro · · Score: 1

      I'd prefer Creative Commons ShareAlike. Copyleft *and* free.

    91. Re:Loophole? by ckaminski · · Score: 1

      Let me use an example:

      I start company XYZ, selling osCommerce, SQL-Ledger and SugarCRM to people.
      I then create modifications to all of the above, allowing them to integrate better, and work seamlessly with one another without special cron jobs, db import/export jobs, etc.

      I get 1000's of customers using my product.

      Company ABC decides he needs to grow, and needs to move off of my services. He should be provided with my code changes, since except for SugarCRM, the above are GPLd. At the moment, with GPLv2, I would not be required to give Company ABC my changes. SugarCRM Public License on the other hand, would FORCE me to give him my changes, since that is a component of the license distribution clauses. I also cannot CHARGE for those code changes. That is because SugarCRM wants to encourage app hosting, but not screw end users.

      That is the hole in the GPL that RMS/FSF is trying to plug. I personally consider that a giant hole, and counter to the spirit and intent of the GPL. This was a simple failure of the FSF to forsee a return to application hosting in the general computing landscape, when the trend of the late 80's/early 90's was the exact opposite.

    92. Re:Loophole? by Angostura · · Score: 1

      Posing questions like this is a nifty debating tactic on your part, but I've got a better idea.

      Instead of challenging us to defend the conventional understanding, why don't you show us where the GPL compels a person to distribute the source to modified code which is only used internally?

      Go-on, since you claim at this is what it implies, show us.

      As I understand it, the GPL simply says in this context that

      1. You can copy the program and modify the program and distribute the program as long as the source is also made available to the same people you distribute the program to.

      At its most literal interpretation this would mean that if I work at Bigcorp and place a program on all the BigCorp desktops, I should also give BigCorp's employees access to the source.

      Your turn. Why do you think this is wrong?

    93. Re:Loophole? by mrchaotica · · Score: 1
      Yes, by limiting the freedom of people to use free software for purposes Stallman doesn't like. Stallman is making this change for one simple reason: he wants more control over how people use free software.
      Okay, let's make this perfectly clear, because I'm tired of explaining it:

      The GPL is not intended to protect the freedom of the software itself, and it is not intended to protect the freedom of the developer. It is intended to protect the freedom of the end user.

      The problem with GPL v2 is that it fails to do that in the case of remotely-executed applications, when the user uses the program without actually getting their own copy of it. They're still using the program, though, and their freedoms should still be protected!

      The user of a web-application is the person accessing the website, not the person who decided to put the application on the website.

      In other words, this change increases the user's freedom, at the expense of the developer's, which is exactly what was intended from the beginning.
      --

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

    94. Re:Loophole? by drsmithy · · Score: 1
      The point of the GPL is to protect the users (NOT the software itself!), by giving them the freedom to modify the software they use as they see fit. A remote user is still a user!

      What do users care about source code ?

      The point of the GPL is (ostensibly) to help *developers*. Users couldn't give a damn about source code.

      The /real/ point of the GPL is to prevent people from being able to sell software. It's interesting to see RMS has expanded his philosophy to (effectively) say that it should be impossible to have any business advantage from software - I thought he was saner that that (although it is a logical expansion of his previous ideas).

    95. Re:Loophole? by Sax+Maniac · · Score: 1
      When this ruleset is extended partially to include recieving output of a program as a basis for the right to have its source code, the option for much worse loopholes is created. Loopholes which will terrify and drive away developers, especially when that one loophole is expanded to cover disclosure avoidance loopholes.

      What confuses me is this - didn't C compilers, back in the dark ages, try this trick? They tried to claim that the output of the compiler was copyright to them, and required licenses or royalities to distribute.

      This utterly failed. Which compilers require licensed runtimes now?

      Now the irony is: maybe this is what made it possible to build, say, bootstrap a new, Free as in blahblahblah, C compiler... so it could be written in C instead of assembler? Then run it through itself and poof, no more royalities needed.

      --
      I can explanate how to administrate your network. You must configurate and segmentate it, so it can computate.
    96. Re:Loophole? by Phisbut · · Score: 1, Informative
      Standard disclaimer... IANAL.

      What happens if I've published my code under v2 and the users everywhere decide to apply v3 to it? What if I don't find v3 particularly appealing?

      I don't think it's the user who chooses which version you apply. If you develop something under version 2 with the "or later versions" clause, and I take your code and modify it, I can redistribute it under GPLv3. However, I cannot force you to make *your* version GPLv3, since yours is "version 2 or later at your option".

      The way I see it, leaving the "at your option" clause simply permits other people to relicence it under a more recent version of the GPL, but it does not force you to dump the earlier version if you don't like the later one.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    97. Re:Loophole? by mrchaotica · · Score: 1
      However, if the goal is to make FOSS popular, then an overly-restrictive license should be avoided.
      Two responses:
      • A license that makes the software popular doesn't do any good if it has to sacrifice the entire point of the license to do it!
      • GPL v3 will be more Free than GPL v2, because the GPL is all about freedom of the end user. Currently, the end user gets screwed when they use a web app, because they don't have control over it. With v3, they will, so it's more Free. Get it?
      --

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

    98. Re:Loophole? by ptlis · · Score: 1

      Except the Apache HTTPD Server (I assume this is what you meant by "anyone who compiles apache") is licenced under the Apache Licence v2.0, which happens to be GPL v2 compatible. Also, although IANAL I would disagree that binarys are considered derivative works unless you modified the source of said binarys - they're the explicit intended result of making source available to download in this context, following your logic running Microsoft Windows on my desktop would create derivative works of some of the programs that make it up - I am afterall loading parts of them into memory aren't I?

      As for your apocalyptic (for the Free/Open Source world) prediction, I really don't see it ever happening. As an interesting side-note though, the Linux kernel is exclusively licenced under the GPL v2, because the 'or later versions' clause was (for whatever reason) removed.

      --
      There's mischief and malarkies but no queers or yids or darkies within this bastard's carnival, this vicious cabaret.
    99. Re:Loophole? by Minna+Kirai · · Score: 1

      why don't you show us where the GPL compels a person to distribute the source to modified code which is only used internally?

      I never said that, although I can see how a slightly innacurate interpretation of the word "release" might create that impression.

      At its most literal interpretation this would mean that if I work at Bigcorp and place a program on all the BigCorp desktops, I should also give BigCorp's employees access to the source.

      Absolutely right. At that point, the corp has given all of their employees permission to upload the code to random strangers on the Internet, which means it has been released.

      Note that some people use "release" as a synonym for "publish", but that's not the only definition. The meaning that applies in this case is to "cease holding back".

      I should also give BigCorp's employees access to the source.

      Note that once BigCorp's employees have access to the source, GPL section 6 says that BigCorp cannot place any further restrictions on their use of the code, such as threatening to fire people who upload it to sourceforge.net.

    100. Re:Loophole? by Anonymous Coward · · Score: 0

      All users are possible developers, so remote users (or shell users) have just as much right

    101. Re:Loophole? by mrchaotica · · Score: 1
      What do users care about source code?
      The GPL's philosophy comes from a time when all users were expert users. I admit that might not be the case anymore, but nevertheless the GPL assumes that.

      Personally, I think that should be the case, because as a user I don't want to have to depend on someone else to fix bugs for me, make sure the software is safe, and make sure it does what I want. Yes, at the moment I don't have to do this stuff myself because I trust the community to do it for me, but at the same time I don't want to be screwed if for some reason I was on my own.

      Don't forget that the GPL came about as a direct result of RMS trying to fix a bug in the software he was using (not developing!), and not being allowed to do it.
      --

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

    102. Re:Loophole? by Krach42 · · Score: 4, Interesting

      This comment regards your sig, and what you're addressing in your comment. Because they contradict each other:

      Why do the folks who insist on keeping "God" in "one nation under God" want to get rid of "liberty and justice for all"?

      You speak here of fundamental rights and freedoms in the US. Yet, it your post you say, "Freedom isn't a big deal. Who cares about it? No one. What people want is good software."

      That's true. Did you know that the USSR had a 0% unemployment rate? Everyone had a job. Did you see the unemployed from capitalist, and socialist countries moving to the communist USSR? No.

      Because Good just isn't good enough. At some point you have to lay down that you feel that people have a Right to your code, because you said so, and that no amount of "better" that can be tacked onto that program trumps that Right to keep seeing the source code.

      Yes, it's advancing an ideology, and not advancing good software, but that's not the point. The F/OSS community doesn't have the mission statement "A computer on every desk running F/OSS." So our goal is *not* to force our software on everyone. F/OSS is driven by the goal of Free (as in Speech) Software For All Mankind.

      If you don't like it, go back to using Windows, because that's Good Software. Meanwhile others who agree with the ideology will keep using Linux, because it's Free Software. Not because Linux is better than Windows, but because you feel that access to the source code should be a Right, not a Priviledge.

      (Statements are my own, and do not reflect those of the company I work for.)

      --

      I am unamerican, and proud of it!
    103. Re:Loophole? by fitten · · Score: 1

      The FSF (well, RMS) has stated in the past that Free is more important than Good.

      And this is where he is wrong. Bad software makes me waste time, which can never be regained. Bad software makes me waste my life and fills me with negative emotions. I'd much rather pay for something that makes my life easier and makes my work easier (i.e. Good Software) than get a piece of crap for free that makes me waste the one thing that no one can give back to me.

    104. Re:Loophole? by Grab · · Score: 1

      Doh - they can do this already by repeatedly downloading one bitmap/page/whatever.

      There's no rule says that the bandwidth has to be any good. Me, if I was doing this then I'd cap the bandwidth available for people to download source - after the first 10MB in a day, reduce source bandwidth to 1Kbaud. That screws the gangbangers.

      Anyway, since when was the GPL supposed to explicitly enable DOS attacks?

    105. Re:Loophole? by qbwiz · · Score: 1

      No, I think that's part of the point. If you've modified the source at all, you're supposed to give people the version that you're using.

      --
      Ewige Blumenkraft.
    106. Re:Loophole? by ckaminski · · Score: 1

      This GPL (likely) change wouldn't affect those companies.

      Only those who take GPLd software, enhance it, and resell services to other end-users. If a company then wants to take those changes and move from your hosted environment to their own, or even set up a competing environment, you would have to distribute your changes.

      Have a look at the SugarCRM Public License to get an idea of what the GPL (v3) is trying to accomplish.

    107. Re:Loophole? by InvalidError · · Score: 1

      When you use customized OSS running on some company's servers, how does having the source code as a user helping you fix bugs for yourself?

      Even if you go through the code and fix bugs for yourself, this does not magically update the company's servers and there is no guarantee that the company would accept your patch. And unless you actually have a personnal interest in the modifications themselves, the customized code provides no advantages to you. If those mods are to interface proprietary hardware and network protocols, being forced to release the code could be a major liability both ways.

      I personally despise the GPL's anti-integration nature. My ideal license would be betweem GPL and BSD: one where only contributions (changes, fixes, enhancements, etc.) to so-licensed code would have to be published. This way, open code stays open without 'infecting' everything that uses it.

      Thankfully, most of the most useful libraries I have ever needed were either public-domain, copyleft or BSD-ish.

    108. Re:Loophole? by jaydonnell · · Score: 2, Insightful
      A person should use the best tools for the job period.

      Even if it's produced by forced slave labor? Your extreme is just as ugly, if not more so, than the other (RMS) extreme.
    109. Re:Loophole? by MrTaz65 · · Score: 1

      You said "Currently, the end user gets screwed when they use a web app, because they don't have control over it. With v3, they will"

      Well, will this change to the GPL affect that at all? I say no. Yes you can download the source to their webapp, but you don't have their data. The data is the reason people use X companies webapp. You can change your copy of their source all day long and it will cause exactly no changes to company X's running webapp.

      If the user wants to use company X's webapp, the use it. Don't expect to have any control over it. If you want control, run your own damn webapp.

    110. Re:Loophole? by ckaminski · · Score: 1

      I'll disagree with you. As a user of GPLd software, I am more free than someone who purchases some BSDd agglomeration from ABC Co.

      Even if I paid the same amount of money as him, if my vendor goes tits up, I still have 100% of the code and, more importantly, access to my data than the other guy. As a user, I am more *Free* under the GPL than BSD. As a developer, on the other hand, I am more free under BSD.

      Competing interests, perhaps. But I am a user of software first, a developer second.

    111. Re:Loophole? by MrTaz65 · · Score: 1

      The service is still running on their servers. You having the source code does not give you the magic ability to change their service on their servers.

      If you don't want to be dependant on them, run your own server and write your own modifications.

    112. Re:Loophole? by namekuseijin · · Score: 1

      "Now they're saying 'well, your software is staying in-house, but you have limitations on what you can do with it, depending on what data you handle or that data's source'"

      When the GPL say you may modify a GPLed work to suit your need without the need to publish the modifications, it's _only_ in the case YOU DON'T FRIGGIN' PUBLISH YOUR WORK BASED ON GPLed SOFTWARE. So, if you modify a GPLed program and _use_ it _inside_ you corporation only, that's ok. If you're publishing your work, you must publish the modified GPLed code too.

      Is that so hard to understand?

      So, your choice is either publish the modifications or simply not base your software on GPLed software.

      In the example you gave, a webservice or other based upon another GPLed server is being _published_ on the web. The modified code must be there too.

      BTW, "staying in-house" isn't the same as being in a local webserver, because it's content is being used outside of your corporation...

      "Google for one are majorly unlikely to be releasing their search algorithms to the world"

      What makes you think Google's algorithms are based on GPLed algorithms?

      sheesh...

      --
      I don't feel like it...
    113. Re:Loophole? by Anonymous Coward · · Score: 0

      try making it all the way through the 2nd paragraph of his post for the answer to your question, dolt

    114. Re:Loophole? by Anonymous Coward · · Score: 0

      Let's take an extreme example, since you are obviously not one much for subtlety.

      Suppose I build a 100% clean perpetual motion machine (of either type) that willl produce all the energy anyone would ever need. However, in order draw power from it, you must agree to use it only to recharge my laptop.

      The answer is no, because the restrictions on its use make it useless, even if it is, in engineering terms, "Good" (in fact it's the "Best"). RMS is simply stating that, in a very real sense, the licenses applied to computer software and hardware make the software useless because of the restrictions they apply. You might say, "I can use Windows jsut fine, thank you" but that misses the point. You've been indoctrinated into thinking that 'using' software consists solely in running it and interacting it. That's not engineering, that's blue-collar factory work. Engineering is taking the damn thing apart, figuring out how it works, putting it back together again and fixing what's broken. Everything in the philosophy of the GPL (source code access, right to redistribute, etc) grows out of that idea. BSD licenses protect those rights, but guarantees them only for a single derivation from the original source for users. The GPL guarantees it *for everyone*, forever.

    115. Re:Loophole? by murdocj · · Score: 1
      The purpose of the GPL is the encourage people to make their contributions available to the community. If you take some GPL'd code, modify it, and use it to sell stuff over the web, why shouldn't you be obligated to give back to the community whose work you are using to make money?

      What if you use GPL software to print reports or invoices and snail-mail letters to your customers? Just how much of the result of a computation has to be visible before you decide that the GPL-ed software that performed that computation must be made available? If you are snail-mailing, presumably you are still making money off GPL software.

    116. Re:Loophole? by dgatwood · · Score: 1

      I think you'll find that the majority of GPL web software developers agree with you, but I'll go one step further.... The benefits would be minimal and the damage done to GPL software would be immense.

      IMHO, with these sorts of changes, one of two things will happen:

      1. Web designers will put the required link on some obscure page that you'll never actually be able to find to satisfy the letter of the requirements
      2. The requirements will require it to be displayed prominently, in which case any web designer with an ounce of taste will dump the GPL software in favor of a commercial product.

      Neither of these is desirable.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    117. Re:Loophole? by Ded+Bob · · Score: 1

      I'll disagree with you. As a user of GPLd software, I am more free than someone who purchases some BSDd agglomeration from ABC Co.

      You are more free as a user and as a developer if you use the original BSD base.

    118. Re:Loophole? by Grab · · Score: 1

      Fair enough - I'll take on the "distribute" point then. :-)

      I wouldn't argue with "distribute" and "publish" being different. It seems we agree on "publish" meaning specifically to give copies to anyone in the public who requests it, and "distribute" meaning to generally give copies to people. (I checked that US copyright site, and that was pretty clear about "publish" meaning to "distribute" to members of the public, although it didn't clarify "distribute" further.) Where we differ is in what is happening when modified software is installed on employees' computers.

      You say it's being "distributed" because it's being presented to the employee to use. I'd disagree, because I don't think it is being presented to the employee. Rather, a copy of the software modified by the company is being put on a computer owned by the company which just *happens* to be used by that employee. As I understand it (and I may be wrong), you can't "distribute" to yourself, because "distribute" requires some transfer to take place from one person/entity to another person/entity. A transfer therefore clearly doesn't happen if the company owns the PC, owns the CD/server from which the modified software is installed, and owns the modified software (OK, I know they don't exactly "own" the software, but we both know the real score and it saves typing ;-). The employee is allowed to use the modified software on the PC, but at no point is it ever transferred to them (even if the employee happens to be the one who does the installation). So this doesn't quality as "distribution" - instead we're under the "copy" rules by which data is transferred from one storage medium (a CD or server) to another storage medium (the PC's hard drive), both of which are owned by the company.

      Note that under this interpretation, if the company handed out a CD so that the employee could install the modified software on their home (personal) PC, the company would be screwed under the GPL. This *would* become "distribution" and therefore they'd be liable for GPL infringement. Unless of course they had some hotshot lawyers draw up some kind of contract under which the employee's home PC became the property of the company for some period of time, or some other legal weaselling. Of course, that relies on the employee to rat out their employer for violating software licensing, but the possibility still exists.

      I like your point about any random employee being able to release it from the server - I'd not thought of that! :-) Of course, I think it's invalidated by the first issue (over which we disagree) but it's still a nice hack.

      Grab.

    119. Re:Loophole? by plumby · · Score: 1

      My problem is, as I mentioned, that as far as I can tell, the GPL talks about the distribution of the software, not the use of it.

      Say I've got a (non-web enabled) account management system, which includes some GPL code, and some proprietary business rules. My understanding is that under GPL I would not have to publish the source code for this app.

      Now say I build an website on top of it, allowing the users to view and update various aspects of their accounts (such as changing their address). At this point, would I have to publish the source code for the backend account management system?

    120. Re:Loophole? by Anonymous Coward · · Score: 0

      He can push whatever he likes, just don't call is GPL or "free", because it isn't. Call it non-free option or whatver so users don't get confused.

    121. Re:Loophole? by Pendersempai · · Score: 1

      Well, okay, but the GPL has always been a balance between freedom and widespread usage. That there is a loophole here is pretty apparent, at least to me; you could theoretically serve any software package at all remotely, especially as the cost of bandwidth comes down and web browser's support of dynamic content improves, and get out of any source distribution requirement. So it seems pretty logical to require a term in the license to prevent this kind of abuse.

      And realistically, ANY term in the GPL that limits the choice of the user will convince SOME people to use proprietary software instead. And we're by and large okay with that; the philosophy behind the GPL is incompatible with some kinds of interests, but on balance it's better than the alternatives.

      So the Department of Defense will have a choice: either it can distribute the software to people who visit its websites (and really, I kind of wonder whether they are really putting state secrets into software that runs websites that just anyone can visit), in which case the pool of available GPL code is enriched to all of our benefit, or it can switch to something proprietary, in which case we're no worse off than we are now, since they're keeping the software to themselves anyway.

    122. Re:Loophole? by Pendersempai · · Score: 1

      "Yes, by limiting the freedom of people to use free software for purposes Stallman doesn't like. Stallman is making this change for one simple reason: he wants more control over how people use free software"

      Of course. If we wanted pure freedom, we would release all of our software into the public domain. The reason we limit the freedom to distribute (and now serve) our software is that we create more freedom (by causing the pool of GPL'ed software to grow continuously) than we restrict (by forcing people to comply with the GPL's terms).

      This change is no different, and follows the same principles.

    123. Re:Loophole? by Castar · · Score: 2, Funny

      If you don't like it, go back to using Windows, because that's Good Software.

      Wow, Slashdot is different these days...

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
    124. Re:Loophole? by LousyPhreak · · Score: 1

      there is just a quite big problem: what if one of the changes to my software is gpl v3 licensed (for example security related)? relicense my whole software as gpl v3?

      --
      -- Karma: beyond good and evil - mostly affected by posting political
    125. Re:Loophole? by dasunt · · Score: 2, Insightful

      Two decades ago, RMS was a nut who talked about making a free clone of UNIX.

      With a few notable exceptions (such as Gnu Hurd), that task was accomplished. Even today, GNU software makes up a large portion of most modern Linux distributions, and the GNU Compiler Collection is even used to compile the open source BSDs.

      So he's a talented nut, but he still had strange ideas about how corporations and government would control the right to access media.

      Now, with Trusted Computing, DMCA, Broadcast Flags, DRM, etc, he doesn't sound that strange anymore, does he?

      Yes, 10 years ago, RMS was paranoid in most peoples' opinion. Now, in hindsight, it seems he had a good prediction of the future.

      Just my $.02...

    126. Re:Loophole? by IpalindromeI · · Score: 1

      Either that, or don't accept that change into your source tree.

      --

      --
      Promoting critical thinking since 1994.
    127. Re:Loophole? by 2short · · Score: 1


      If BigCorp installs the software on BigCorps computer for use by BigCorp, and does not permit the use of this software by their employees or anyone else except when acting as agents of BigCorp, they have not given the software to anyone but BigCorp, and don't have to give the source to anyone.

      If your boss hands you a CD with some software for you to install and use to do your job, and tells you it is not to be used for non work related purposes (or has a blanket policy saying this about all company property), no one has given you personally the software, and you do not personally have any of the rights the end user of the software has under whatever license it has, GPL or otherwise.

      The difference between acting as an agent of the company and acting as yourself is not obscure, fringe legal theory. Anyone with any basic legal knowledge will explain it to you the same way. I submit that you do not have this basic level of knowledge, and are, in this thread, willfully avoiding aquisition of it.

    128. Re:Loophole? by node+3 · · Score: 1

      My problem is, as I mentioned, that as far as I can tell, the GPL talks about the distribution of the software, not the use of it.

      That's correct. I've already said that. The loophole is not between the wording of the GPL and the use of the GPL, those two things are in perfect sync, as regards to web services. The loophole exists between the intention behind the GPL, which is not about distributions, but about promoting four very specific freedoms.

      I'll state this very clearly:

      You are correct that there is no loophole being exploited related to the wording of the GPL.

      There is, however, a loophole related to the intent of the GPL.

      Quit bringing up the wording. We agree on that aspect, and so does Stallman. If he didn't agree with that, he wouldn't be so set on changing the GPL.

      Say I've got a (non-web enabled) account management system, which includes some GPL code, and some proprietary business rules. My understanding is that under GPL I would not have to publish the source code for this app.

      Correct. And "proprietary business rules" sounds like your talking about configuration of a compiled binary (similar to rules in a mail app). You've not changed the source code, but for the rest of this example, I'll assume you have.

      Now say I build an website on top of it, allowing the users to view and update various aspects of their accounts (such as changing their address). At this point, would I have to publish the source code for the backend account management system?

      Under the current GPL, no. Under the new GPL, assuming what we hear of it actually comes to pass, yes. That's exactly what the authors of the GPL intend.

      Stallman believes users of software should have four specific freedoms, and he has written a license specifically designed to promote and protect those four freedoms.

      I don't know if you posed this scenario because you didn't know the answer, or if you intended to show a scenario which you find undesirable (it can be read both ways). But if it's the latter, I don't see why someone would really be bothered by the fact that they have to provide access to the source code of software they got entirely for free. But as with all licenses, the author of the license (RMS and Moglen, in this case) are free to include any legally allowable terms they desire, and you are equally free to accept or decline those terms.

      This is not a big deal, and if you are currently using software licensed under the GPL, you will not have to abide by version 3 of the GPL if you don't want to. In other words, if you are currently exploiting the loophole in question, you will be allowed to do so forever. The new terms only come into play if you accept software under the GPL v3 (or later) license.

    129. Re:Loophole? by Anonymous Coward · · Score: 0
      If you take a free editor, Emacs/Open Office/Gimp and make an output that make you gain money?


      Yes.

      Um, No.

      Err, could you rephrase the question?
    130. Re:Loophole? by johnnyb · · Score: 1

      The problem I have with this idea is that it violates what used to a more-or-less sacred right of GPL -- the right for a company to use AND MODIFY a program to suit their own internal needs WITHOUT sharing the code with anyone. In fact, the FSF explicitly chastised the Apple license in its "forced sharing" aspect of its license. I can see the issue, but I don't think that it's nearly as bad as is claimed, nor is it as bad as the solutions. Ultimately, we all use internal company software in an indirect way, and this is simply a different indirect way. The user still has full control over what runs on their computers, both to share and not share. The difference is that the software is not running on the user's computer. The only modification I could see them making which would be historically consistent with the FSF's stance is to require that the _javascript_ be under the GPL, since that component is in fact redistributed and does in fact run on the remote user's computer. Other than that, I see such an amendment to be directly contrary to the FSF's historical stance on software freedom.

    131. Re:Loophole? by Raul654 · · Score: 1

      "the right for a company to use AND MODIFY a program to suit their own internal needs WITHOUT sharing the code with anyone" - internal, in this case, is subjective. If you are giving people the ability to run the program remotely via the web, is that really internal? You aren't, legally, distributing the code (as it remains on the servers), but in effect you are using someone else's code externally.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    132. Re:Loophole? by Caiwyn · · Score: 1

      There's a much simpler point you're missing: At some point, "good" and "free" have to intersect.

      Right now, there's a fair amount of agreement that the "free" in "free software" contributes to it also being "good." Anyone who obtains GPL'd software is free to also obtain the source code and modify it. That's one of the GPL's primary strengths, and it's what makes free software good. You wouldn't use free software if you didn't think it was a good thing.

      Closing this "loophole," as only an insane ideologue would refer to it, would cause massive problems, not the least of which is that it would lead to users abandoning software that required them to offer source code -- especially on a website that wasn't dedicated to that task. That's a sure-fire way to lose your users. What good is "free" software if no one wants to use it?

      This is clearly a statement by someone who cares more about the freedom of software than about the freedom of the people who use that software. Users don't care about the ideology of a piece of software, they care about what they can do with it. This proposition would restrict their freedom, not enhance it. You'd be forcing users to become distributors. That's not freedom. It's slavery.

      And you will find that many of us WILL go back to Windows, because it's far more free than what you're suggesting.

    133. Re:Loophole? by Mr.+Underbridge · · Score: 1
      Curious. I thought the purpose of the GPL was to foster Free Software - that is, software I am free to modify to suit my purposes and share with others, as long as I share my modifications with others. It allows me to work off the backs of others, as long as I'm willing to allow others to work off of my back.

      That's part of the ideology, but the original motivation, I believe, was simply to get away from binary hell.

      Currently, a web service using GPL code has taken a shortcut by exploiting someone else's work... what are they giving back?

      That still ignores the question of why web services should be singled out among all other possible uses.

      Also, if one dissociates the concepts of distribution from "giving back," then one needs to build a repository for projects that never distributed anything but need to disclose their source code to remain in GPL compliance. Who runs that? How is is structured? Let me guess, the FSF will become the world's software repository too...

    134. Re:Loophole? by Grab · · Score: 1

      Thank you Mr Xerox - if I'd wanted a copy of a FAQ, I would have got one. :-/

      Instead we're on the good point that Minna raises of "how do we know this is required from the text of the GPL itself?". As Minna correctly says, the GPL FAQ doesn't count for shit in court, so what does the GPL itself actually say about this? So we're down to interpreting the GPL in real detail, and it turns out to be pretty interesting. Minna's dead right, it doesn't seem to be as clear-cut as the FAQs say. Minna knows how he/she reads it (and has put up good arguments that have tied up other posters). I know how I read it, and although it seems to match the FAQ (and contradict Minna's position), it does indeed seem a pretty gnarly bit of logic to get to the position that the FAQ states. Certainly not as clear-cut as the FAQ, and open to various legal weasellings if you so wished.

      If you've got reasoning based on lines of the GPL and US copyright code to support your interpretation, let's hear it. Summaries of FAQs don't cut it.

      In the example you gave, a webservice or other based upon another GPLed server is being _published_ on the web

      Client-server lesson 101. Code exists on your client computer. Code exists on the server. *Data* passes between them. At no point is either piece of code "published" on the web. Some of the data may itself be separate code (Java or Javascript) which runs on the client, but there is always a chunk of code which only exists on the server (Apache, etc in the case of the web - the things which make a server *be* a server).

      This is not hard to understand. It's an essential piece of knowledge about how the net and other client-server systems work, and without it you're not equipped to deal with the GPL, particularly as it affects client-server systems.

      What makes you think Google's algorithms are based on GPLed algorithms?

      I'm certain they aren't. However, I'm equally certain that they'll be tied into Apache and some database system, probably hard-coded for speed. (I'm sure Google has a page telling you, but I can't be arsed to go look.) And I'm sure that Google have spent some time hacking the system as a whole for maximum performance, so removing various non-essential bits of the database or web-server systems. Whether they've released these hacks to the world, I don't know, but in many ways it makes sense for them to keep them hidden (at least for a bit) to maintain their "edge".

      Sheesh indeed.

      Grab.

    135. Re:Loophole? by mosch · · Score: 1

      ShareAlike is also a fairly reasonable license, IMO. (As is the Ruby license.) The GPL has far too many restrictions to be called freedom. It's a bad joke.

    136. Re:Loophole? by Mr+Z · · Score: 1

      Something tells me most people will stick with GPL v2, rather than migrate the license to GPL v3 or accept GPL v3-licensed patches into their core. You will probably find FSF packages will go to GPL v3, and where it's a problem people will fork their last GPL v2 release.

      You might say "Open software interprets zealotry as damage and routes around it." :-) Why else do we have so much software under the GPL, BSD and Artistic licenses? It's not like all open and/or free software is GPL.

      --Joe

    137. Re:Loophole? by plumby · · Score: 1

      I'm not intending to get hung up on exact wording. What I'm saying is that I see nothing in the original GPL that suggests there was ever any intent to cover this sort of scenario. The way I read it, if he had thought about the scenario when the previous GPL was written, he would not have included it, but now he's thought about it more he's changed his mind. This is very different to a loophole.

      (An analogy - if a general speed limit of 70 mph had been set at some point in the past, but now the government has thought about it a bit more and then decided that people should only drive at 30mph in a built up area, this would not be closing a loophole but modifying the law.)

      Going back to my example (and FWIW I meant business rules written in code in your application) - what about if instead of providing web access, account details had been made available through an IVR (voice menus you get when phoning a call centre)? Would the code need to be made available at that point? Or if you 'web-enabled' your existing system, but only gave access to the site to your employees, so that they were using it in exactly the same way as the old system?

      Or what about if you were an external service provider (such as a credit reference agency), using GPL code, that some other company's systems talked to? Presumably again if it was being talked to by some other company's in-house account management system, then this wouldn't result in the source code needing to be published, but again if that other company web-enabled their system, it would?

      The point I'm trying to get across is that 'web-enabling' a system doesn't seem to me to be anything particularly special (and often doesn't involve doing anything specifically to the app at all). People have been interacting with companies' back-end systems through a variety of direct and indirect means for years, and none of these have been seen as 'distributing' the app (for the purposes of the GPL), and I don't see why a website is any different.

      Basically, I'm struggling to understand how (or why) the licence requirements for an application can change the second the app becomes involved in a web transaction, To me this feels a fundamentally different act to that of releasing an application binary for someone else to pick up and install.

      You're right that people are free to choose whether they will use GPL3 code in the future, but it is a big deal. I know that the next enterprise app I design will not include any GPL3 code if it means that as soon as I web-enable it, I'm forced to publish my private business logic(whereas I've got no problem with the current GPL as I've got no intention of making my apps available to third parties to install).

    138. Re:Loophole? by Minna+Kirai · · Score: 0, Troll

      and does not permit the use of this software by their employees or anyone else except when acting as agents of BigCorp

      And if they do not permit use for other purposes, then they must prohibit or "restrict" it, which is an explicit violation of GPL section 6. Corporations in general have broad authority to limit the actions of their employees- but the GPL doesn't allow them to exercise that limit in this case.

      Corporations can also acquire authority to limit the actions of their customers (such as by signing contracts before it is sold, or even just click-thru EULAs)- but by the same token, to exercise such authority would be a GPL violation.

      If it is valid for a corporation to say "Employees, I am not 'distributing' this software I'm handing out, because I have chosen not to allow you to excercise the GPL-mandated redistribution rights", then it is also valid to say "Customers, I am not 'distributing' this software to you, because I have chosen not to allow you GPL rights".

    139. Re:Loophole? by Minna+Kirai · · Score: 1

      The difference between acting as an agent of the company and acting as yourself is not obscure, fringe legal theory.

      Yes, the principle is well established. But that principle simply doesn't matter unless you are using a definition of "distribute" which renders the whole GPL almost completely impotent. In English, "distribute" means to spread something around (1). Some laws, however, use a more restrictive meaning of "distribute" as to "sell, lease, or assign ownership" (2).

      When a corporation provides software to employees, it must necessarily spread it out, which is "distribute 1", but it probably won't do "distribute 2". Of course, the corporation could choose to assign ownership over to those employees, which would fulfill "distribute 2" as well. The choice of whether ownership transfer accompanies the physical transfer of the digital files is totally at the discretion of the corp.

      Question- which meaning of "distribute" is the GPL using? If it is "distribute 1", then BigCorp cannot pass out modified GPL code to employees without triggering the GPL provision requiring redistribution permission. But if you say BigCorp can do this, then you must think "distribute 2" applies.

      If the corp has discretion as to whether providing software to employees counts as "distribution", then they also have that discretion when providing software to customers. (After all, there are some sell resources to customers, and others that provide them them temporarily). Therefore, the GPL can be evaded by any company who tells customers: "I'm not selling, leasing, or assigning ownership of the programs on these discs. In exchange for your money, I am merely loaning them to you for an indefinite* period of not under 10 years". Boom: "distribute 2" has killed the GPL.

      I have some faith that the GPL is powerless to prevent Microsoft from re-branding KDE. Therefore, I must believe the GPL is using "distribute 1", which implies that corporations have no right to prohibit employee redistribution of modified GPL code.

      * The word "indefinite" is there to prevent the transfer from being a "lease", which some have suggested can be another defintion for "distribute". Corporate lawyers a well-skilled at effectively leasing something while avoiding the technical definition of lease, which has come in handy for members of orthodox Abrahamic sects, who consider leasing sinful.

    140. Re:Loophole? by 2short · · Score: 1

      They are not bound by section 6 because they are not distributing it, because they are not handing it out. If my employer directs me to use a piece of software they own to do my job, it does not become mine any more than the desk they put in their office that they direct me to use becomes mine. I do not own the software, I do not have licence to use the software, I have not been given the software. I use the software only as an agent of the company. Legally speaking, it is the company who is using the software.

      Again, this "agent of the company" business is not some amorphous thing I just made up; it is a well defined and established legal concept. It is largely the whole point of incorporating in the first place. It is also critical to understanding the issues you are spending a lot of time holding forth (incorrectly) on, so I'd suggest you may want to look into it. I will not bother pointing out what's wrong with the rest of the things you say; they all stem from the same flawed premise: that acting as an agent of the company is not legally different than acting for ones self. It is different.

    141. Re:Loophole? by UnrepentantHarlequin · · Score: 1

      Let's look at this from the other direction.

      This particular computer happens to be running Windows. Microsoft's license, of course, prohibits me from distributing Windows. If you come over to my house and use my computer to read Slashdot, am I somehow distributing Windows?

    142. Re:Loophole? by Mulkiatsch · · Score: 1
      My ideal license would be betwee[n] GPL and BSD: one where only contributions (changes, fixes, enhancements, etc.) to so-licensed code would have to be published. This way, open code stays open without 'infecting' everything that uses it.
      The GNU LGPL?
    143. Re:Loophole? by anthony_dipierro · · Score: 1

      Except the Apache HTTPD Server (I assume this is what you meant by "anyone who compiles apache") is licenced under the Apache Licence v2.0, which happens to be GPL v2 compatible.

      Yeah. Good thing for that.

      Also, although IANAL I would disagree that binarys are considered derivative works unless you modified the source of said binarys

      If they're not derivative works, then what are they, verbatim copies?

      they're the explicit intended result of making source available to download in this context, following your logic running Microsoft Windows on my desktop would create derivative works of some of the programs that make it up - I am afterall loading parts of them into memory aren't I?

      Yes, running Windows does create derivative works. You have permission to create such derivative works, though. And even the Microsoft EULA lets you do that.

      As for your apocalyptic (for the Free/Open Source world) prediction, I really don't see it ever happening.

      Me neither, but that's because the FSF wouldn't be dumb enough to do what Mark suggests they do.

    144. Re:Loophole? by 2short · · Score: 1

      Legal entity A has some software. If Legal Entity A allows Legal entity B to copy, use, fold, spindle or mutilate, the software, Legal entity A has distributed it. If only Legal Entity A is ever allowed to do anything with the software, they have not distributed it. If BigCorp installs BigCorp software on BigCorp computers and uses it to do BigCorp business, they have not distributed it.

      If I have it, and thanks to me, you now have it, it has been distributed. This is not rocket science. The part you seem to be having trouble with is if I, acting as an agent of my employer, happen to have a physical copy of my employers software in my hand, this does not make it mine. I do not legally have it. My employer has it, and is using their property by way of their agent.

      Microsoft can modify KDE and do whatever they like with it, so long as only Microsoft does anything with it. If they give it to any legal entity that is not Microsoft, they must give that entity the source.

      But giving it to their employees and directing their employees to use it as agents of the company are legally very different things.

    145. Re:Loophole? by smallduck · · Score: 1

      In response to an excellent post, someone said That's the biggest crock of bullshit I've ever heard. Freedom is earned not dictated.

      Some would say that reasonable freedoms are a right of all individuals. Some would say that their reasonable freedoms were earned by people centuries ago (or more recently in some cases) who fought for them for themselves and their descendents.

      Anyway, RMS saw a situation where software companies were able to take away the freedoms their users had come to enjoy and rely on. He created the GPL for the purposes of creating a pool of software with which the users' freedoms would be ensured by way of copyright law. He's not dictating that anyone who disagree with these fairly clear notions need participate, they just have to simply avoid making use of GPL source code in programs that are other than just for their own personal use.

      --
      no sig, no plan, no clue
    146. Re:Loophole? by anthony_dipierro · · Score: 1

      Yeah, I like the idea of using copyright law against itself, but the GPL goes beyond that, using copyright law to try to force people into a particular view of how software should work. I think releasing source code makes sense in the vast majority of cases, but I don't think you should have to threaten people with lawsuits in order to make that happen.

      ShareAlike is useful in essence only for guarding against copyright lawsuits. There are a few other technicalities, like including a copy or link to the license, but that's trivial enough that it's unlikely a court would assign any damages over such a breach. On the other hand, unlike the BSD license, you can't get sued for distributing a derivative of your own work, if the work is licensed under ShareAlike. That's where I see the advantage to the BSD license.

    147. Re:Loophole? by Minna+Kirai · · Score: 1

      Legal entity A has some software. If Legal Entity A allows Legal entity B

      The GPL doesn't contain the text "separate Legal Entity to whom ownership of a copy has been transfered". It uses the simple word "recipient".

      The part you seem to be having trouble with is if I, acting as an agent of my employer, happen to have a physical copy of my employers software in my hand, this does not make it mine.

      True, corporations can provide things to their employees without transferring ownership.

      But anyone can do that for anyone else (as I already exhaustively explained).

      Corporations can loan things to employees, or they can give things. Corporations can loan things to customers, or then can give things.

      If BigCorp can tell an employee "Here, use this software. But it's still mine, and I'll tell you to give it back someday", then why can't they tell a customer the same? The only substantial difference there is default assumptions: when a customer gets something she assumes ownership transfer occured, when an employee recieves something he assumes the opposite- but either assumption can be overridden just by specifying exactly what transaction is taking place.

      Or are you going to argue it is legally impossible for a corporation to provide a resource to a non-employee without either selling, leasing, or assigning it?

      If they give it to any legal entity that is not Microsoft, they must give that entity the source.

      You keep saying that, and it would make some sense if things worked like that, but no text in the GPL or US law requires or supports that interpretation. Nowhere does the GPL describe an exception if the recipients of software share an employee-relationship with you.

      If a corporation can provide modified GPL programs to its employees without committing "distribution", then it can also do so to the public at large.

      "Hey kids! Want to join the Bill Gates fanclub? Just mail in $10 / year, and you'll recieve a catalog chock-full of cool members-only stuff! Try out Microsoft Linux for just $299 (Internal use only. Distribution to non-fanclub members prohibited by law. Source-code access not granted as "distribution" has not occured.)"

    148. Re:Loophole? by Minna+Kirai · · Score: 1

      Microsoft's license, of course, prohibits me from distributing Windows.

      Copyright law prohibits you from distributing it. Microsoft's license merely neglects to offer you any exemption to that law. (To the extent that an MS EULA does prohibit distribution, it is both redundant and overstepping its authority)

      If you come over to my house and use my computer to read Slashdot, am I somehow distributing Windows?

      But when I select Help->About in Windows, there is no message giving me (the user) the right to redistribute copies of the software, which is what a GPL program does. (As GPL programs with either a splashscreen or an About box are required to print a message of that nature)

    149. Re:Loophole? by Minna+Kirai · · Score: 1

      It seems we agree on "publish" meaning specifically to give copies to anyone in the public who requests it,

      Selling a book for $700 is publishing, even though you are turning down most requests from the public.

      If I move copies to any distinct legal entity besides myself (or persons hired by me not to reveal the contents to others), that is publication.

      If I move copies to any other place than where they are, that is distribution, regardless of who ends up owning the new copy. As shown in the example of Wal-Mart aprons, "distribution" does not imply transfer of ownership.

      You say it's being "distributed" because it's being presented to the employee to use.

      No, I said it's distributed because I speak English, and in English, "distribute" means to move or spread around from a starting point to other places.

      As I understand it (and I may be wrong), you can't "distribute" to yourself

      You can't distribute to yourself, because distribute requires going to a different place, and you are already where you are. However, if you own 4 PCs and install a program on all of them, then that is "distribution". The word "distribution" relates to how material or data is moved around, not to how ownership is assigned from one person to another.

      If I sell you a product, but leave it sitting on my office floor, it hasn't been distributed until you come and pick it up.

      because "distribute" requires some transfer to take place from one person/entity to another person/entity.

      If that is what distribute means, then it is the choice of the distributor as to whether or not the recipient is actually being given ownership of the new copy, or if ownership is retained by the corporation and the recipient simply happens to have physical access to the media where it is copied.

      If that's true, then Microsoft can virtually ignore the GPL and provide altered proprietary Linux copies to their customers, as long as they state "You customers aren't going to own these copies. They're still ours- you're just getting to use them for as long as we feel like allowing it"

      they don't exactly "own" the software, but we both know the real score and it saves typing

      They own "a copy of the software", which is very little additional typing. You can abbreviate it to just "own the copy", which is even shorter than the original.

      if the company handed out a CD so that the employee could install the modified software on their home (personal) PC, the company would be screwed under the GPL. This *would* become "distribution"

      My corporation has frequently handed me CDs to install their proprietary software on a home PC. That doesn't imply any transfer of ownership, though. The copy still belongs to them, because "distribute" just means to move around, not to give possession.

      If a corporation moves its property (program | automobile) onto an employee's personal property (PC | driveway), it doesn't imply that they've made a gift to the employee. Standard employment can include the use of company property in your home.

    150. Re:Loophole? by runderwo · · Score: 1
      Ok, I really don't see how your quoting of the GPL refutes my statement. That clause says nothing about keeping offers for the source code intact, only notices that the software is licensed under the GPL and carries no warranty. I guess you're reading something I am (and RMS and Moglen are) not.

      And if you read my post, I did address the fact that it is only binding when you copy it. So for a single administrator of a typical thin-client app, they can hack out that offer all they want. But for a VAR or ASP type business, they will have to leave it intact on their own installations if they plan on distributing copies of the code to customers.

    151. Re:loophole? by smallduck · · Score: 1

      The GPL covers distribution not use, if it covered use, no one would be able to use GPLed software in a commercial setting.

      One has to be careful not to confuse different aspects of the GPL, or lead others to this confusion. What the GPL has to say about use is that it unrestricted. If you use a program, you can do with it what you like, including viewing and modifying its source your private purposes. In this sense it covers use.

      The aspect which people refer to as 'viral' is of course modifications that you distribute to other users. If you want to distribute your program to other users and don't like the GPL, then you shouldn't make use of GPL source code. Similarly, if you wouldn't like to be fined or be sentenced to prison, then you should not use source code stolen form Microsoft :-)

      Yes, if it was that you couldn't be a user of a GPL program without giving away all your work for free to your clients and competitors, then that would be kinda useless.

      Seirously, taken literally this says that if I run a webapp on a GPLed server or even a GPLed OS, I have to release the source code.

      I don't think it says that when taken literally (perhaps when taken some other way?). Is your web app compiled into a modified webserver? Is it and the webserver compiled into the OS kernel? If not then I think your fears are unfounded.

      Clear thinking is needed: Who is the user? What's the program that is being provided to the user? What counts as part of the program? Let's take the case where you wrote something like slashcode and made it GPL, who are its users?

      Or instead, how about this example.. if you wrote a office suite for text-based terminals that's preinstalled on a dailup, um, I'll call it a timeshare system (cuz I'm old-skool), is there any doubt that the person at home dialing into the system is the user even though the program is not install on their own hardware? Would the GPL be violated if another timeshare system customized the same program adding copy-paste between the program's modules and kept this work to themselves? What if they tried under so-called IP law to protect this invention to keep it only on their timeshare system?

      Or how about a clearer example, suppose some users chose to switch to the competitor's timeshare system partly because it had the GPL suite available. Say then the company added a new document format to the program which people migrated to thinking they were safe to do so. Would these users be screwed if they couldn't export usable data anymore because the company decided they didn't need to make their changes public? Yes, they'd be screwed indeed. In this example, you, the original author of the app might be able to choose GPLv3 specifically to prevent this situation.

      And alternately, if the timeshare system instead wrote their own office suite app themselves, would it be required to be GPL just because they used Linux servers, or bash, or a GPL PPP implementation. Clearly not. These examples map easily to web applications and the conclusions are directly analogous.

      --
      no sig, no plan, no clue
    152. Re:Loophole? by node+3 · · Score: 1

      For the millionth time, I fully agree that there's no loophole between the wording of the GPL and the use that's under question. You can quit saying things like, "What I'm saying is that I see nothing in the original GPL that suggests there was ever any intent to cover this sort of scenario."

      Read carefully: The intent of the GPL is to protect four very specific freedoms. The GPL, as worded, fails to do so. It's a way for people to comply with the letter of the contract while violating its intent--which is to protect the four freedoms. Please don't respond with, "but the use in question is not covered by the GPL," because I've already made it abundantly clear that I agree it isn't.

      The point I'm trying to get across is that 'web-enabling' a system doesn't seem to me to be anything particularly special (and often doesn't involve doing anything specifically to the app at all). People have been interacting with companies' back-end systems through a variety of direct and indirect means for years, and none of these have been seen as 'distributing' the app (for the purposes of the GPL), and I don't see why a website is any different.

      That's because you are looking at the issue in the wrong way. RMS isn't primarily concerned about distribution, he's primarily concerned about freedom. The distribution aspect of the GPL is the means by which he's attempting to legally protect the four freedoms he believes should be protected.

      When you look at it simply from the point of view of distribution, you are correct that the GPL doesn't really apply to web services, and you know what? RMS agrees with you. That's why he's working to update the GPL. Absolutely everyone is saying that the GPL doesn't apply to web services. Google is saying it, RMS is saying it. I'm saying it. Yet still, you jump up and down screaming, "but it doesn't apply to web services!!!" as though you're arguing with someone.

      Basically, I'm struggling to understand how (or why) the licence requirements for an application can change the second the app becomes involved in a web transaction,

      That's up to the license. Most licenses don't make that distinction, such as the current GPL. Other licenses do, such as the license for IIS, Exchange, SQL Server, etc.

      To me this feels a fundamentally different act to that of releasing an application binary for someone else to pick up and install.

      That's because it is a fundamentally different act. No one is claiming otherwise. The commonality is that the four freedoms in question can apply to both situations.

      You're right that people are free to choose whether they will use GPL3 code in the future, but it is a big deal. I know that the next enterprise app I design will not include any GPL3 code if it means that as soon as I web-enable it, I'm forced to publish my private business logic(whereas I've got no problem with the current GPL as I've got no intention of making my apps available to third parties to install).

      Assuming you do hardcode your business logic, and assuming you do wish to keep it secret, then you are fully free to do so. The purpose of the GPL isn't to make free software palatable to someone who wishes to keep their software secret. The GPL is designed with the primary intention to allow for people to create software which provides the user with four specific freedoms.

      You're confusing the intention of the Open Source community with the intention of the Free Software Foundation. They have two very different goals. To the Open Source community, it *is* a big deal if their license makes it hard for you to use their software. To the FSF, the big deal is when you are allowed to supress the four freedoms they wish to promote.

      It all depends on what you want. You sound like your are more of an Open Source kinda guy, so it's no big deal that you don't like the GPL 3, since you aren't the target audience.

      You seem flabbergasted that the FSF would want to update the GPL to cover web services, but if you understand their intention, it's quite reasonable.

    153. Re:Loophole? by 2short · · Score: 1

      "Corporations can loan things to employees, or they can give things."
      Yes, or they can direct their employees to use things in their role as part of the corporation, without either loaning or giving those things to their employees in their role as distinct legal entities. It is not the employee-employer relationship that is significant here. It is the "acting as an agent of". There are very specific requirements for this to happen; it is not extensible to the public at large.

      Your fanclub example is more nuanced, but still flawed. Is the fanclub Microsoft? For the sake of argument lets assume it's BGFanClub Linux, modified by the club itself. Fanclub members doing what they themselves decide to do using the software are not acting as agents of the fanclub, and giving them the software for such purposes is indeed distribution. Persons using the software while acting as agents of the fanclub would legally be the fanclub using its own software. This would only happen if they were using the software in the course of official fanclub business under the direction of the fanclubs officers, in keeping with the fanclub bylaws, etc. etc.

      I realize you have not been to law school. But had you been, you would have taken a course in corporate law at some point, and all this would have been covered on the first day. Probably in the first five minutes, preceded by the words "As I'm sure you're all aware...". The whole point of forming a corporation is that that corp then becomes a legal "person", and the employees do not personally take on the responsibilities and liabilities incurred by the corporation when they do things on the corporations behalf, nor do the owners when the corp does things on their behalf. 90% of corporate law is about the exceptions to this: When can you sue the officers of the corp for what they had the corp do? (sometimes) When can you sue the shareholders for what the corp does, or the employees for what they do at the direction of the officers? (almost never) The GPL does not need an exception about this, because nothing it does can possibly cause the rights it grants the corp or the restrictions it places on the corp to adhere to the agents of that corp. When I do something as an agent of my employer, it is legally my employer who is doing that thing.

      The GPL allows corps (or any legal entity) to use modified versions without giving the source to anyone, not even the employees who, as agents of the corp, actually cause that use to occur. Yet it still prevents them from giving the modified version to someone else witout giving them the source. I'm not sure why you don't believe this, but you are incorrect. In fact, I'm pretty sure you don't care what the truth is; you just like arguing about it. The amount of research it would take to find out I am right ought to take you considerably less time than you have already spent dreaming up flawed thought experiments to show I am wrong, yet you have not done it.

    154. Re:Loophole? by UnrepentantHarlequin · · Score: 1

      But when I select Help->About in Windows, there is no message giving me (the user) the right to redistribute copies of the software, which is what a GPL program does. (As GPL programs with either a splashscreen or an About box are required to print a message of that nature)

      You didn't answer my question:

      If you come over to my house and use my computer to read Slashdot, am I somehow distributing Windows?

      Yes? Or no?

    155. Re:Loophole? by hemanman · · Score: 1

      The only FREE software license is the BSD license. GPL was never a FREE license.

      -H

    156. Re:Loophole? by plumby · · Score: 1
      For the millionth time, I fully agree that there's no loophole between the wording of the GPL and the use that's under question. You can quit saying things like, "What I'm saying is that I see nothing in the original GPL that suggests there was ever any intent to cover this sort of scenario."

      ...

      You seem flabbergasted that the FSF would want to update the GPL to cover web services, but if you understand their intention, it's quite reasonable.

      No. I'm flabbergasted that anyone can see this as tightening a loophole as opposed to a significant change to the scope of the GPL. As I think I've already mentioned Stallman is free to do what he wants in creating a new GPL, but trying to claim it's simply tightening a loophole is just plain wrong.

    157. Re:Loophole? by node+3 · · Score: 1

      No. I'm flabbergasted that anyone can see this as tightening a loophole as opposed to a significant change to the scope of the GPL. As I think I've already mentioned Stallman is free to do what he wants in creating a new GPL, but trying to claim it's simply tightening a loophole is just plain wrong.

      I've never said it wasn't changing the scope of the GPL. In fact, I've stated that that's exactly what it is *many times*.

      You can't read English, can you? The loophole isn't between the GPL and the usage in question. It's between the intention behind the creation of the GPL and the use in question.

      Quit being so dense.

      Read carefully (I know you won't, but I type this anyway):

      1. Stallman wishes to promote four freedoms.
      2. He creates the GPL with that goal in mind.
      3. The GPL does this splendidly.
      4. A relatively obscure, yet absolutely valid, usage of the GPL becomes common which allows people to violate the four freedoms.

      That's the loophole. It's between 2 and 4, not between 3 and 4. I've pointed this out about a million different ways. If you can't see that, and you can't stop parroting your original, "but it doesn't violate the wording of the GPL", then my participation in this thread is over.

      The whole reason loopholes exist is because people are able to find ways to violate the intent of a thing (a law, for example), while complying with it to the letter.

    158. Re:Loophole? by plumby · · Score: 1
      The whole reason loopholes exist is because people are able to find ways to violate the intent of a thing (a law, for example), while complying with it to the letter.

      Yes. I fully understand all of that, but as I said in the previous post, I personally don't see anything in the *original* intent of the GPL (not just in the subtleties of the wording) that is being breached by using GPL code to power a website without publishing the source code, therefore I don't see how it's a loophole, any more than writing a book using a modified GPL word processor without republishing the code breaches it. My view is that when browsing a website, you are 'using' the HTML and any javascript thats running. You can see those, so in my view that is not breaching the GPL.

      If Stallman wanted to extend the purpose of the GPL to cover anyone modifying GPL code to create something that they then distributed (such as a book or a website), that's fine. But he's still (in my view) extending the purpose.

      You obviously disagree - that's fine, but I'm not trying to play on the subtlty of wording, I'm talking about my undetstanding of the the intent.

    159. Re:Loophole? by Rich0 · · Score: 1

      But what if the webapp you like was customized from the original GPL code? You can't just run it yourself since the source isn't available.

      Yes, you won't have the data, and I don't think anybody is suggesting changing that. However, you will have access to the source in the future, which will be a benefit to everyone. Even if you personally will never access the source to some website running a customized version of a GPL project, the original developers will benefit from being able to merge these customizations back into the original project.

    160. Re:Loophole? by namekuseijin · · Score: 1

      "Thank you Mr Xerox - if I'd wanted a copy of a FAQ, I would have got one."

      Except i didn't even read the FAQ, i just read the plain thing, as in
      http://www.gnu.org/licenses/gpl.txt

      In special, this section, already showed arount here:

      "You may modify your copy or copies of the Program or any portion
      of it, thus forming a work based on the Program, and copy and
      distribute such modifications or work under the terms of Section 1
      above, provided that you also meet all of these conditions:

              a) You must cause the modified files to carry prominent notices
              stating that you changed the files and the date of any change.

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

      Read the b) clause above? I don't need a FAQ to understand what it means nor to "know this is required from the text of the GPL itself".

      If it's hard for you to understand, let me condense it to make it clearer:

      "You may modify your copy or copies of the Program or any portion
      of it... and copy and distribute such modifications... provided
      that you also must cause any work that you distribute or publish,
      that in whole or in part contains or is derived from the Program
      or any part thereof, to be licensed as a whole at no charge to all
      third parties under the terms of this License."

      Plainly, if you modify and publish your work based on GPLed work, you must supply the changes to the GPLed work. not that hard, huh?

      "Client-server lesson 101. Code exists on your client computer."

      Really?! what about RPCs? XML-RPC? webservices? it's all really just dynamic linking to libraries physically located _outside_ your computer, but that you still _need_ in order to do your computations. Publishing is making something public for people to use, not necessarily publishing it like a closed box in a store.

      "I'm certain they aren't. However, I'm equally certain that they'll be tied into Apache and some database system, probably hard-coded for speed."

      Apache is not GPLed work, so Google has every right to do it.

      "Sheesh indeed."

      yep.

      --
      I don't feel like it...
    161. Re:Loophole? by Anonymous Coward · · Score: 0

      Google for one are majorly unlikely to be releasing their search algorithms to the world


      But the GPL3 would not force them to, surely. Maybe their webserver could be partly based on sometthing that includes GPL code, and maybe that could be affected, but the software that prepares and uses their indexes is bound to be entirely separate (after all, would they replicate the whole index on every web server? I don't think so).

      I imagine most of Google's code is specific to the stuff they do. That is, I don't think they took some promising piece of open source software off the 'net, tweaked it around a bit and came up with Froogle. Hence even if Google released all their modified GPL code (if they have any), we'd not see a tidal wave of stuff from them, I guess.

      Even supposing that somehow GPLv3 forced Google to release their indexing code, who would that benefit? Not me. I might download it and peer at it curiously, but I wouldn't have a use for it - I don't have the bandwidth to crawl the whole web or the space to store the result. No, if the Google indexing code was released I could only see it benefitting comapnies like Yahoo and Microsoft.
    162. Re:Loophole? by node+3 · · Score: 1

      I personally don't see anything in the *original* intent of the GPL (not just in the subtleties of the wording) that is being breached by using GPL

      The preamble of the GPL begins with, "The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users." and continues on from there to further clarify the intent behind the GPL.

      If you didn't "see" that in the GPL, you clearly haven't even read the GPL.

      If Stallman wanted to extend the purpose of the GPL

      He doesn't want to extend the purpose of the GPL. As you can see above, he wants to protect the freedoms of "all its [free software's] users". "All" includes those who use software remotely.

      My view is that when browsing a website, you are 'using' the HTML and any javascript thats running.

      Nice try, but it's not the 'using' of the HTML output that is in question. It's the issuing of commands (such as via HTTP), which makes you the user of the remote software. The data sent via HTTP (such as HTML, JavaScript, images, and so on) is the output of the software on the remote server that you, the web surfer, are using.

    163. Re:Loophole? by plumby · · Score: 1
      If you didn't "see" that in the GPL, you clearly haven't even read the GPL.

      I did "see" that, and as I've made quite clear, my view is that you, as website visitor, are not the 'user' of the backend server but the 'user' of the generated pages.


      Nice try, but it's not the 'using' of the HTML output that is in question. It's the issuing of commands (such as via HTTP), which makes you the user of the remote software. The data sent via HTTP (such as HTML, JavaScript, images, and so on) is the output of the software on the remote server that you, the web surfer, are using.

      And that's where our opinions differ. You do not usually go to a site in order to 'use' the backend server application. You go to 'use' the html that is generated.

      I understand (though disagree with) your viewpoint.

      You, on the other hand, seem to be wilfully ignoring my opinions, and instead claiming that I've not read the GPL (I have), or that I'm picking up on the minutae of wording (I'm not). I simply don't believe that the user of a website is any more the user of the backend application that generates it than the reader of a book is the user of the word processor that generated it (or users of an application which was compiled using a modified, GPL-based compiler, and if I understand the GPL correctly, in this instance there is currently no compulsion to release the modified compiler).

    164. Re:Loophole? by node+3 · · Score: 1
      I did "see" that, and as I've made quite clear, my view is that you, as website visitor, are not the 'user' of the backend server but the 'user' of the generated pages.

      ...

      You, on the other hand, seem to be wilfully ignoring my opinions,

      ...

      I simply don't believe that the user of a website is any more the user of the backend application that generates it than the reader of a book is the user of the word processor that generated it

      The definition of a "user" is not subject to your views, opinions, or beliefs. It's a well-defined, and objective term. The GPL is not contigent upon your beliefs.

      It's so simple as to defy belief you can't understand it. *You*, the web surfer, are the one who entered data into the web form and clicked the "Submit" button. That's the interface by which you operate the remote program.

      This is analogous typing a command in a terminal window and pressing "enter".

      "But," you cry, "the web surfer isn't the one sending the command, it's Firefox or IE!" Are you so simple you are confused by a layer of abstraction? If you load a tiff in the GIMP, the GIMP calls libtiff to process the image. It does this by your request. This makes you a user of libtiff as well, even though you never personally, nor directly, called that library.

      With a web browser, you are personally instructing and interacting with a remote program. Which is to say, you are using it. All your views, beliefs and opinions cannot change that fact.

      (or users of an application which was compiled using a modified, GPL-based compiler, and if I understand the GPL correctly, in this instance there is currently no compulsion to release the modified compiler).

      Right, and the new GPL won't require that either, because running a program that someone else compiled doesn't make you the user of the compiler.

    165. Re:Loophole? by plumby · · Score: 1

      OK. If it's so obvious that a person is 'using' the backend program, then the program is clearly being distributed to them (otherwise how are they using it?), so I struggle to see how the current GPL fails to cover it.

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

              a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

              b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

              c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

    166. Re:Loophole? by node+3 · · Score: 1

      OK. If it's so obvious that a person is 'using' the backend program, then the program is clearly being distributed to them (otherwise how are they using it?), so I struggle to see how the current GPL fails to cover it.

      Distribution is another one of those words which has an objective meaning. Distribution means the person is receiving the binary code, for example on a physical disk, or via download. The web surfer doesn't receive the program, they just operate it.

      So, no, the program is not "clearly being distributed to them".

      This is similar to how you can use a TV from across the room, without actually touching it. Remotely operating something has been around for quite some time now.

    167. Re:Loophole? by PastaLover · · Score: 1

      What this simply says is that you are not granted the permission to distribute or modify the program if you have not accepted the license. But since the program was distributed to you, you still have general copyright law to back you up. Nobody can keep you from modifying the program, even if you didn't accept the license. And no court would hold that modifying the software meant you accepted the license, since the license really doesn't have a say about it. A copyright license merely governs the terms for redistribution. (and in some countries, also use, eg. moral rights of the author)

      Of course, if the "program" was protected by a copy protection mechanism (rot26 on the Makefile ^_^), you would be violating the DMCA or EUCD depending on your location. Yet another erosion of our basic rights. Anyway, I could also be completely wrong about all of this of course. Apparently even lawyers have great difficulty figuring this stuff out.

    168. Re:Loophole? by PastaLover · · Score: 1

      I think he contracted idealist and demagogue actually.

    169. Re:Loophole? by TheoMurpse · · Score: 1

      If you take some GPL'd code, modify it, and use it to sell stuff over the web, why shouldn't you be obligated to give back to the community whose work you are using to make money?

      How about, "if you take some GPL'd code, modify it, and use it to write documents that you sell, why shouldn't you be obligated to give back to the ..."

      Or how about, "if you take some GPL'd code, modify it, and use it to compile programs, why shouldn't you ..."

    170. Re:Loophole? by TheoMurpse · · Score: 1

      Whops -- completely forgot to finish my post.

      My point was that if the new GPL requires you to share things you aren't selling, when will it require that you share things you aren't allowing to contact the public at all. And then what's next? You having to share things you make with GPL'd software, such as documents (sensitive documents about company decisions that should be secret), and books (is LaTeX GPL'd?), etc.

    171. Re:Loophole? by _iris · · Score: 1

      Right. The post I replied to was concerned with being able to control access to your config files. If you modify the code, you can surely prevent this from happening ;]

    172. Re:Loophole? by dAzED1 · · Score: 1

      He spoke on that already.

      The only modification I could see them making which would be historically consistent with the FSF's stance is to require that the _javascript_ be under the GPL, since that component is in fact redistributed and does in fact run on the remote user's computer.

      The code is just used to generate html, or some other such thing. If we used your interpretation, then if someone modified openoffice, used it to create a document, printed the document out, and then handed it to someone...you're distributing the product of someone else's code, so you have to distribute the source changes. This isn't a bad comparison, either - the situation would be almost identical.

    173. Re:Loophole? by Krach42 · · Score: 1

      Yes, and a lot of people think like you. They think, "Because it's Open Source, that makes it better."

      No, what makes Free/Open Source better is that it's Free as in Speech. It's a protected right of the people to see all distributed changes. If you legally obtain a binary of the program you have the right to the source code that built that binary.

      Yes, I do believe that the Freedom of being able to view the source code is more important than the Freedom of people to use the code. And as the developer, I can choose how I want that freedom given. I can give it as GPL, where everyone gets to see your modifications; I can give it as BSD, where everyone can do whatever they want with it within minor limitations; or I can give it out as Proprietary Software, which is exactly what the Free/Open Software movement says is wrong.

      I want you to take a cold hard look at who came up with Free/Open Software. Crazy radicals like RMS, who are totally ideologically bound to the idea of Free/Open Software. They developed it because they want software Free as in Speech.

      Now, let's look at the average user, who never looks at the source code for anything, even when it's available. Why do these people use the software? Oh yeah, because it's Free as in Beer, and it's of a quality comparable to any organization that allows it's developers to just hack away on source code.

      Generally, Windows:Microsoft Developers :: F/OSS:The World. Just Microsoft Developers have a higher density of programmers, and thus can have the same development with fewer people.

      The only thing your post reiterates to me is that Joe User doesn't want my software to be Free, he just doesn't want to pay for it.

      --

      I am unamerican, and proud of it!
  2. Not really by dtfinch · · Score: 4, Informative

    If they want to stick with their own GPL2 fork, they can still keep it locked up.

    1. Re:Not really by Boricle · · Score: 1

      I think that this is only the case if you are the developer of the original open source application.

      The situation that this change is probably aimed at is one where someone takes a FOSS web application (eg BugZilla - assume it uses GPL, though it may not), then modifies and enhances it and releases it as a commercial product that is hosted.

      If the BugZilla licence has this clause in it, and you want to enhance it and provide it as a hosted service, then you will have to either release the source code, or, not use BugZilla as your base, or use an older version that does not have the licence clause in it.

      On the other hand, if BugZilla's developers elect not to enforce this clause, then you could enhance it, provide it as a hosted service, and not have to release it.

      Note: I don't even know what licence bugzilla uses - it may or may not be GPL, its more an example of a system that I know is FOSS and can be provided as a hosted web application.

      Boricle

    2. Re:Not really by node+3 · · Score: 1

      If they want to stick with their own GPL2 fork, they can still keep it locked up.

      That's the way it's supposed to work. The reasoning is that the GPL is intended to protect your freedom, so no future GPL is ever allowed to take away any freedom you currently hold.

      So Google, for example, will have the right to keep their current code proprietary, even if GPL v3 would disallow that.

      That's the "Free Software" aspect of the issue. Now, onto the "Open Source" aspect...

      Assuming GPL v3 has the proposed changes, Google (again, for example) will have to either avoid incorporating GPL v3 code into their proprietary GPL software, or abide by the terms of the GPL v3 and make their proprietary source code available.

      So there will definitely be pressure for them to release the code when it comes time to incorporate GPL v3 software or merge/upgrade with future releases of their current software, if those projects they rely on move to GPL v3.

    3. Re:Not really by Richard_at_work · · Score: 3, Informative

      I think that this is only the case if you are the developer of the original open source application.

      No, so long as you take the fork from the codebase before the license change, you get the origional license. This is exactly what recently happened with Xfree and Xorg - the license changed to one that people didnt like, so a fork was made of the last known codebase with the acceptable license and further developments have been done on that, becoming the dominent fork.

      What worries me personally about this amendment to the GPL is that it ceases to be a distribution license only and adds in limitations as to what you can change in the source code. The Gnu Documentation License tried doing this with invariant sections and this was declared to be nonfree by many linux distributions who then refused to carry those documents.

  3. Fine. by Anonymous Coward · · Score: 1, Funny

    Fine. I'll just get my clients to use gopher.
    How do you like THOSE apples, Mr. GNU?

    1. Re:Fine. by bonch · · Score: 0, Funny

      That's GNU/apple.

  4. Erm... by Moth7 · · Score: 3, Interesting

    And we've known this for how long? Granted, the story itself isn't a dupe (afaik), but every article on the GPL3 in the past few months has mentioned the idea of websites running GPL software being required to release their source code by some means. It's hardly news.

    1. Re:Erm... by crazyphilman · · Score: 1

      ...And it's not even a big deal. As I understand it, after reading Mr. Stallman's comments to an interviewer, all he's saying is:

      (paraphrased) If you take some GPL code, like for instance, a blogging system for the web, and you modify it, you must distribute your modified version.

      This doesn't mean you have to give away web services or PhP pages you write, it doesn't mean you have to give away your company's content that you're running on apache, it just means that if you alter a GPL'ed system, you have to share the source code to your changes.

      What's everyone getting so excited about?

      --
      Farewell! It's been a fine buncha years!
  5. Google time.... by Arimus · · Score: 3, Interesting

    That might make life interesting for Google (and probably Yahoo) as I'd bet a large chunk of googles operations are based on FOSS code including their clustering software, mail etc.

    While I can see the point of making distributors in the conventional sense having to release the source I've a nasty feeling making web service companies reveal their source might only harm the OSS movement in the longer term... Google might be Okay as they've got the bandwidth to be able to release the source code for all OSS code used internally but not sure about the smaller providers...

    --
    --- Users are like bacteria -> Each one causing a thousand tiny crises until the host finally gives up and dies.
    1. Re:Google time.... by cyberformer · · Score: 4, Insightful

      All existing users (including Google) would be okay, as they received Linux, etc. under the current version of the GPL. Rights already granted can't be taken away by subsequent versions.

      This is just an option for authors of new code. Seems like a good idea.

    2. Re:Google time.... by TheQwe · · Score: 1

      That might make life interesting for Google

      Not really. Google has a large team of developers, and they are probably capable of forking preexisting GPL code under the GPL2. And as for the custom Linux kernel they use, don't they already make the changes available?

    3. Re:Google time.... by SilverspurG · · Score: 1

      GPL3 doesn't mandate that sites distributing GPL3 licencsed code distribute the source to the website. It mandates that, if the code running the site is GPL3, that the code is accessible.

      So you can distribute proprietary code over a web interface which is GPL3. You can distribute GPL3 code over a proprietary website. But, if your website uses GPL3 code in the HTTP arena (eg. custom GPL3 webserver, GPL3 applets), then you must distribute the source for those applets.

      I don't see any problem with this. If someone is using a PHP or Java front/backend which is GPL3'd, they should be providing a way to get to the source.

      --
      fast as fast can be. you'll never catch me.
    4. Re:Google time.... by stygar · · Score: 1

      This probably wouldn't affect Google or Yahoo in the way that you think. The most likely outcome of applying a GPL3 with that sort of provision in it would be a fork of that software under the old licence. The FSF can't just go "haha, we changed the GPL, give us all your code". The GPL is a contract like any other, and one of the basic principles of contract law is that one party cannot unilaterally go back and change the terms of the deal. Any F/OSS project is free to impose whatever new terms they want on new code, but they can't change the deal for the stuff that's already out there under the old licences.

    5. Re:Google time.... by chrisd · · Score: 4, Informative
      We are releasing some code, but remember that the redistribution requirement noted in the story applies to GPL v3 code, which doesn't exist yet. A lot of code won't be going to v3 (The linux kernel, for one).

      Also, I think that the open source community has to handle this very carefully, and clearly, otherwise there will be a lot of confusion around who has to post code and when. That said, we're just seeing drafts now for a license that won't officially exist until January 2007, so making any kind of substantive commentary on it is difficult.

      One last thing, the web server (apache) that most people use isn't released under the GPL, so this has nothing to do with that.

      --
      Co-Editor, Open Sources
      Open Source Program Manager, Google, Inc.
    6. Re:Google time.... by Anonymous Coward · · Score: 0
      The GPL is a contract like any other, and one of the basic principles of contract law is that one party cannot unilaterally go back and change the terms of the deal.
      No, the GPL is a license and there's a big difference. If you are distributing code under GPL2, that's your license. If someone upstream re-licenses the code under GPL3 you have the option of maintaining a GPL2 fork or accepting the new provisions in GPL3.
      Any F/OSS project is free to impose whatever new terms they want on new code, but they can't change the deal for the stuff that's already out there under the old licences.
      Bingo!
    7. Re:Google time.... by Anonymous Coward · · Score: 0
      All existing users (including Google) would be okay, as they received Linux, etc. under the current version of the GPL. Rights already granted can't be taken away by subsequent versions.


      It's worth noting that the Linux kernel is explicitly licensed under GPL v.2 and no other version.

    8. Re:Google time.... by DrSkwid · · Score: 2, Informative

      no it doesn't

      try reading it

      it says you can't remove a source code downloading function if you make a derivative work, thats it

      and, besides, there isn't a gpl3 yet, only some ideas

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    9. Re:Google time.... by drmerope · · Score: 0

      Actually this is untrue. If you have been following the recommendations of the FSF your license statement is setup to automatically upgrade to the new GPL, and so code already in use will be subject to the new terms.

    10. Re:Google time.... by maxwell+demon · · Score: 1

      And what if I want to incorporate some code from a GPL3ed web application with download mechanism into a non-web application? Would I have to include a web server into that application to comply?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    11. Re:Google time.... by toddbu · · Score: 1
      Google has a large team of developers, and they are probably capable of forking preexisting GPL code under the GPL2.

      I'd also think that IBM, et al would take a close look at a fork as well. Right now they support Linux development as a way to build a community outside of Microsoft that will come to them for service and support. If a web site was forced to release their code (not sure based on other threads, but let's just assume for now) then you might see a shift toward BSD or (*gasp*) Windows. That would not be so good for IBM, nor would it be good for F/OSS.

      Let's face it, corporate support for F/OSS will only continue as long as it serves their long-term interests. If the platform becomes unpopular then we're sure to see corporate backing for these projects dry up.

      --
      If you don't want crime to pay, let the government run it.
    12. Re:Google time.... by DrSkwid · · Score: 1

      no

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    13. Re:Google time.... by maxwell+demon · · Score: 1

      But wouldn't that be a loophole around that rule?
      1. Move code from GPL3 web app with download feature to GPL3 non-web ab. No DL feature required.
      2. Move code from GPL3 non-web app to other GPL3 web app. Since the code is taken from an application without DL feature, the other GPL3 web app doesn't have the restriction.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    14. Re:Google time.... by Matrix9180 · · Score: 3, Informative
      Oh really?
      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.
      From http://www.gnu.org/copyleft/gpl.html
      --
      120chars for a sig is teh suck
    15. Re:Google time.... by vidarh · · Score: 1
      Really? This is the text suggested by the FSF in the GPL howto:

      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.

      Notice that this gives the licensee (i.e. the user) the choice of which GPL version to use. NOT the person issuing the license.

      That is the form of the copyright notice using the GPL that I've seen on all GPL'd software I've looked at the notice for, except for the Linux kernel and the occasional other code that sometimes explicitly remove the option for the user to use a later version.

    16. Re:Google time.... by DrSkwid · · Score: 1

      If one can trace lineage then sounds like your final app would need the download restoring

      I think it gets muddy though, when one would just copy a subroutine, how much code is required to be a derivative work?

      The whole thing sounds like "a great idea" and then the devil sitting comfortably in the details.

      Better clarity would by garnered by the "provide a service using gpl3 code, provide the source code" model but that just isn't going to fly!

      What if the download the source code mechanism is provided on an independent port, are we to be forced to keep it open !

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    17. Re:Google time.... by Shano · · Score: 1

      Really? That seems to lead to an obvious loophole:

      Take GPL3 web application, incorporate code into non-web application, distribute under GPL3. Download code not needed since it's not a web application.

      Take non-web application, incorporate code into new web application. Since the non-web application has no download code, no need to incorporate download code.

      For best results, have the two steps performed by two groups with no obvious ties.

    18. Re:Google time.... by maxwell+demon · · Score: 1

      I guess the best way to do it would be to create two different licenses, a WGPL which states that you must allow source code download whenever you use the code or code derived from it on the net, and a GPL3 which doesn't have this restriction, but explicitly allows to change the license of derived works to WGPL (but not the other way round). This would completely resolve the above scenario, and also avoid the general confusion which can derive from different GPL3 codes coming with different rights.

      It would also allow software authors more freedom, since one might decide to put a source download option into the program without having the intention to force that option to every derived work. Indeed, with the same-license-but-different-rights approach someone unaware to those details could change the effective licensing terms of the software without even being aware of it.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    19. Re:Google time.... by xtracto · · Score: 4, Informative

      either version 2 of the License, or (at your option) any later version. any later version.

      Read your post again for me.

      Now, that means you can chose to use the GPL 2.0 terms on the software that was distributed by that license (like lets say The GIMP 2.0) or, if you like you could chose any later version of it.

      Do you understand now?

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
  6. Wait a minute by Frogbert · · Score: 3, Insightful

    I'm no expert but wouldn't it be more likely that they would stick with their previous code that only has the V2 license attached? Whats forcing them to upgrade?

    1. Re:Wait a minute by bram · · Score: 1

      Commitment to FOSS and support from the community?

      --
      People using html in email should be shot.
    2. Re:Wait a minute by quigonn · · Score: 2, Insightful

      Who says the community will support GPL3?

      --
      A monkey is doing the real work for me.
    3. Re:Wait a minute by Nasarius · · Score: 2, Informative

      A great deal of GPL'd software uses the recommended "v2 or later" line. It certainly doesn't force anyone to upgrade, but it has the potential for creating a great deal of confusion. I just hope that they're compatible with each other.

      --
      LOAD "SIG",8,1
  7. Search Millions Lines of Open Source Code by matthewchen · · Score: 0, Offtopic

    There are tens of thousands of open source projects, how to look for the code is a difficult task. Codase (http://www.codase.com gets a solution for that. It understands the source code and you can search for meanings in the source.

    1. Re:Search Millions Lines of Open Source Code by tweek · · Score: 1

      Are we supposed to boycott codease now because they spam every single fucking article posted?

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  8. Huge Security Issue! by Flaming+Foobar · · Score: 2, Insightful

    If you are embedding, say, GPL md5 checksum calculator in otherwise proprietary software, will you need to publish the whole source code? If so, I'm willing to bet most companies would rather re-invent the wheel and rewrite it. I wouldn't want to publish the source code to a production web site for obvious security reasons.

    --
    while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    1. Re:Huge Security Issue! by Ziviyr · · Score: 2, Informative

      Should be able to safely call md5sum and pipe in the results.

      --

      Someone set us up the bomb, so shine we are!
    2. Re:Huge Security Issue! by aussie_a · · Score: 1

      Isn't this what's termed as the virus effect of GPL software? I personally think the "you give away the program, you have to provide the source code" clause is sane. But having a "you use the program, you have to provide the source code" is insane. Let's say I use GPL3 software for my webcomic site.

      I edit it so it has a different skin then the default one. I now have to provide the source code for my website? Fsck that! Does that make my images and content on the website released under the GPL as well?

      I know I'll be avoiding GPL3 code for websites like the black plague.

    3. Re:Huge Security Issue! by misleb · · Score: 1

      Well, something like that would be solved by the LGPL which allows you to link to GPL libraries without making the whole project subject to the license. Assuming you use a library and don't actually embed it into your code. In most cases this isn't an issue, I don't imagine.

      -matthew

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    4. Re:Huge Security Issue! by misleb · · Score: 1

      While I agree that this GPL3 implication isn't so great, I think you may be lackign some perspective. Do you really care if other people get hold of you theme modified web comic source? I mean, is a modified theme coveted intellectual property? I can see companies like Google being affected by this. They have probably made a significant invenstment of man hours into customizing GPL'd software, but for your webcomic site? Who cares?

      -matthew

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    5. Re:Huge Security Issue! by aussie_a · · Score: 2, Funny

      Yeah, my site was used as an example. Thankyou very much for grabbing onto it like a rabid terrier and not letting go.

    6. Re:Huge Security Issue! by ultranova · · Score: 1

      I edit it so it has a different skin then the default one. I now have to provide the source code for my website? Fsck that!

      If the software has skinning support, then by definition you can change the skin without editing the source code, so making it available is inconvenient (extra traffick), not insane. And you are already providing the source code for your website - just use "View - Page Source" in Firefox to see it ;).

      Fsck that! Does that make my images and content on the website released under the GPL as well?

      I doubt that very much. They aren't part of the program, after all. They are simply data handled by the program.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    7. Re:Huge Security Issue! by node+3 · · Score: 1

      If you are embedding, say, GPL md5 checksum calculator in otherwise proprietary software, will you need to publish the whole source code? If so, I'm willing to bet most companies would rather re-invent the wheel and rewrite it. I wouldn't want to publish the source code to a production web site for obvious security reasons.

      The algorithm for calculating md5 checksums (and any other crypto or crypto-style processes) are made publicly available. This is because these security features aren't secure because of obfuscation, but because of the rules of mathematics. Releasing the code will only weed out poor crypto[*], not compromise good crypto.

      So there are *no* legitimate security concerns.

      As for code 'tainting', it all depends on how you incorporate the code, but if a company wants to incorporate GPL'd code, they'll have to abide by the license, which would require, generally, for that specific executable to be released under the GPL. This is by design, and the FSF is fully aware that this design will act as a hinderance to the adoption of their code. While they, I'm sure, want their code used, they will not sacrifice the freedoms they espouse to accomplish those ends. If a company wants to incorporate code without paying for it and without releasing their project, they can seek out and a BSD (or similar) licensed MD5 implementation, as the BSD folks might prefer freedom, they will not sacrifice the ability of others to use their code for those freedoms.

      [*]in fact, MD5 has been shown to be weak by this very process, and we are all moving on to stronger hash/checksum systems.

    8. Re:Huge Security Issue! by bsartist · · Score: 2, Insightful

      Fair warning: Unlike most of the people posting comments, I've actually read the fine article. Please forgive me for interrupting all the fun with a few boring facts.

      I edit it so it has a different skin then the default one. I now have to provide the source code for my website? Fsck that! Does that make my images and content on the website released under the GPL as well?

      If the original software had a "download source" function in it, you'd have to leave that function intact in the copy you use. For the sake of discussion, imagine a web server that allowed you to download the source code for the server software at the URL http://fake.invalid/~sourcecode/. If you were using that server on your site, you couldn't modify it to disable that function; if you've modified the server software in other ways, that function would have to deliver your modified source code.

      That's all there is to it - none of this "OMG, it's the end of the GPL as we know it" nonsense that half the people here are moaning about. So you can relax - none of the content being served on your site would be affected in any way.

      One thing that does bother me about this is the potential for abuse. Source tarballs can get pretty big, and if there's no allowances made for restricting or throttling a service that delivers them, it's a potential avenue for a DDoS attack.

      --
      Lost: Sig, white with black letters. No collar. Reward if found!
    9. Re:Huge Security Issue! by LiquidCoooled · · Score: 1

      Thank you.
      Do you know anything that can recover 3 kilos of snot from my keyboard?

      --
      liqbase :: faster than paper
    10. Re:Huge Security Issue! by r3m0t · · Score: 1

      They could look through the code for e.g. a form which allows SQL injection.

      They could try to "break" any text-transforming code i.e. get bad text past it.

    11. Re:Huge Security Issue! by bsartist · · Score: 1

      So there are *no* legitimate security concerns.

      Not in the sense you're talking about, of course not. But, if you're legally bound to leave a particular service open and unthrottled, it could become a potential vector for DDoS attacks. There need to be provisions to allow a site admin to place limits on the number of simultaneous requests, the frequency of requests from a single client, and other such limits to help prevent abuse.

      --
      Lost: Sig, white with black letters. No collar. Reward if found!
    12. Re:Huge Security Issue! by node+3 · · Score: 1

      Not in the sense you're talking about, of course not. But, if you're legally bound to leave a particular service open and unthrottled, it could become a potential vector for DDoS attacks. There need to be provisions to allow a site admin to place limits on the number of simultaneous requests, the frequency of requests from a single client, and other such limits to help prevent abuse.

      That's a very odd thing to say, and I don't quite understand where you go the idea that webmasters or site admins would be required to leave a service open and unthrottled. In fact, that would go counter to the FSF's "four freedoms".

    13. Re:Huge Security Issue! by bsartist · · Score: 1
      I don't quite understand where you go the idea that webmasters or site admins would be required to leave a service open and unthrottled.

      Here's the relevant snippet from the article:
      We're looking at an approach where programs used (on a public server) will have to include a command for the user to download the source for the version that is running," Stallman said. "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.
      When he says "working", you and I both understand that he means "working insofar as allowed by necessary security restrictions put in place to prevent abuse of the service." But the GPL is a legal document, and unless that's explicitly stated, it could be interpreted as meaning no restrictions allowed, period. And that's how corporate lawyers and suits will interpret it - encouraged, no doubt, by the various FUD factories.
      --
      Lost: Sig, white with black letters. No collar. Reward if found!
    14. Re:Huge Security Issue! by Anonymous Coward · · Score: 0

      So why did you say you would avoid GPL3 like the plague? If you have a personal site other than that to which the repercussions of GPL3 *were* important, why did you not use that?

    15. Re:Huge Security Issue! by node+3 · · Score: 1

      When he says "working", you and I both understand that he means "working insofar as allowed by necessary security restrictions put in place to prevent abuse of the service." But the GPL is a legal document, and unless that's explicitly stated, it could be interpreted as meaning no restrictions allowed, period. And that's how corporate lawyers and suits will interpret it - encouraged, no doubt, by the various FUD factories.

      It's a bit premature to parse words that aren't the actual license. The GPL currently requires one provide access to the source code via a network service (like ftp) or on physical media, and no one has argued that the ftp site has to allow itself to be overburdened, or that a person has to ship out CD's immediately. What's likely to be the case is that the idea of "reasonable" will be applied. In other words, what does the industry consider to be "reasonable" access via ftp? Or a "reasonable" rate of delivery of physical goods?

      Maybe it'll be used as FUD, but I really doubt it, as I've never heard (until you brought it up just now) anyone imply the GPL would require you to overtax yourself or your equipment in order to provide access to source code.

    16. Re:Huge Security Issue! by bsartist · · Score: 1

      It's a bit premature to parse words that aren't the actual license.

      Better to discuss the implications now than later, when they're in the license and can't be changed.

      Maybe it'll be used as FUD, but I really doubt it

      Honestly, so do I. And no sane admin would interpret it as meaning he has to configure his server in "bring it on" mode. Still, the GPL is essentially a contract, and any lawyer will tell you that a contract has to be as explicit and detailed as possible.

      --
      Lost: Sig, white with black letters. No collar. Reward if found!
    17. Re:Huge Security Issue! by mikiN · · Score: 1

      I doubt that very much. They aren't part of the program, after all. They are simply data handled by the program.

      Haha, old philosophical paradox. What is code? What is data?
      Aren't image files pieces of code instructing the image renderer (viewed as a virtual machine) how to plot pixels? Or the other way around: isn't 'httpd' a data file which (among lots of others) is passed to the CPU to process according to the program stored in its microcode?

      --
      The Hacker's Guide To The Kernel: Don't panic()!
    18. Re:Huge Security Issue! by sqlrob · · Score: 1

      And you are already providing the source code for your website - just use "View - Page Source" in Firefox to see it ;).

      Hmmm. The URL in my address bar says "http://slashdot.org/comments.pl". This source certainly doesn't look like perl.

    19. Re:Huge Security Issue! by kooshball · · Score: 1

      While I think that the concept is coming from an ideological position that RMS holds, the method that they are floating to enforce that position contradicts the entire spirit of the GPL. I thought that one of the primary freedoms that the GPL was meant to enshrine was the freedom to modify the software as the licensee saw fit without needing the premission or agreement of the licensor. By making certain sections of the code 'off-limits', for whatever reason, A clause like this would, in my mind, breach that freedom and render the GPL non-free (compared to the GPL v2).

    20. Re:Huge Security Issue! by Anonymous Coward · · Score: 0

      i dont think it makes any parts of the code off-limits. only if the code had such a download device, any modifed version cant remove it, but it should still be able to modify it, just as long as it still works to give people the source for itself.

    21. Re:Huge Security Issue! by Rojar+North · · Score: 1

      This is the largest problem with the proposed GPL v3. It should not be called GPL nor it should be called "free". The licence takes away the freedom to use the sofware and imposes restrictions to the data produced by it. Calling the licence GPL and passing it as "free" is an obvious underhanded tactic. Shame on RMS for falling that low. If he wants to create another, non-free licence, he should clealry mark it as such.Like NFPL (Non-Free Public Licence). That's the the only way for him to preserve his integrity.

    22. Re:Huge Security Issue! by Flaming+Foobar · · Score: 1
      The algorithm for calculating md5 checksums (and any other crypto or crypto-style processes) are made publicly available. This is because these security features aren't secure because of obfuscation, but because of the rules of mathematics. Releasing the code will only weed out poor crypto[*], not compromise good crypto.

      That wasn't my point at all. MD5 was used merely as an example.

      What I meant was, if I embedded some GPL'd code (maybe only 1 %) to my production web site, and as a result would need to publish the whole 100 % of it, then all the security holes (not necessarily the ones in the GPL'd bit) would be open to the whole world to see. There would be no community to fix those bugs, either, so the end result would be something of a hacker smorgasbord.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
  9. Loophole? by Kinky+Bass+Junk · · Score: 2, Insightful

    This doesn't exactly seem much like a loophole, more a feature (It's not a bug - it's a feature!)

    By closing it off, does this mean that any CMS that's using the GPL will need a link hard-coded and un-removable back to the source for it to be valid?

    --
    Anonymous Coward
  10. Going too far? by misleb · · Score: 0

    I've been pretty happy with the GPL. I understand why it exists and what it is for, but this is going a little too far. Why are web sites singled out? Couldn't you demand that anyone making money using GPL'd software in any way should hand over their modifications? If I run a modified Postfix, for example, to process mail in a certain way, shouldn't I be required to release that code? Where does it stop?

    Seems like a pain int he butt, if nothing else.

    -matthew

    --
    "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    1. Re:Going too far? by tweek · · Score: 3, Interesting

      Your example is exactly where I was trying to go in my own post.

      If I build a business around hosted virus scanning and the backend runs postfix,clam-av and mysql (which I've written all the gluecode myself), why the hell should I be forced to give up that glue code? I'm not selling the software, I'm selling a service, which is what they've been telling us should be the business model all along.

      Someone may argue that, since I'm selling a service, I should have no problem with giving up the code but I say to those people "Why? I took and glued together three disparate products to build my solution. I'm not selling the software package to anyone, I'm keeping it internal. My development of the glue is my edge."

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    2. Re:Going too far? by Anonymous+MadCoe · · Score: 1

      I have to agree with this. This would mean that someone who visibly uses GPL 3 software will have to publish modifications. Someone who keeps it out of sight doesn't. I fear this would create a whole range of new discussions around GPL which would be of no use to anyone.

    3. Re:Going too far? by Cave_Monster · · Score: 1

      I get the impression that a lot of people don't understand the current GPL license and if they produce OSS they just license it as GPL because everyone else does. I think GPL has a few too many grey areas and personally, I use the BSD license because it's very easy to understand and serves my purpose well. I also think that by adding specific cases into the new license (eg. web published software) it's going to make it more complicated, create more legal disputes and you might find people licensing a lot more using alternatives.

    4. Re:Going too far? by i_should_be_working · · Score: 2, Informative

      If I use modified GPL'd software to help me design furniture and I sell the furniture, I don't have to release my changes under version 2 or 3.

      If I let people use the modified software for a fee, over the net to help them design their own furniture then under version 2 I still don't have to release my changes since I'm not actually selling or distributing the software. Under this proposed version of 3 I would have to release the changes.

    5. Re:Going too far? by Sloppy · · Score: 2, Insightful

      Web sites aren't being singled out, it's just that websites are a very common example of "public performance" of software without distribution.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    6. Re:Going too far? by Anonymous Coward · · Score: 0

      You need to RTFA. If you used a GPL3 web app that contains mechanisms for users to download or view the sourcecode, you would need to retain that functionality. This may take the form of a contractual "web service" addendum to the GPL itself as it would be unenforcable under copyright law.

    7. Re:Going too far? by Anonymous Coward · · Score: 0

      So what's next... if I modify Gimp and paint a picture with it that I post online, I have to release that modified code?

      The way this is heading is "if you develop GPL code internally for commercial use, you have to release that code". Now there is a good argument for that, except it would cause companies to leave GPL'ed software in droves. Perhaps no bad thing, as we'd only lose the companies that are not contributing code back anyway.

      This is an extension of one of the main ideas of free software, namely the idea that you should have the right to the source of whatever software you use. The idea that you have to share all modifications of software that you use commercially is new. Perhaps if you don't release or use its output in any way you are exempt, but in that case you might as well just put the computer back in its box.

    8. Re:Going too far? by LiquidCoooled · · Score: 1

      No, they are suggesting that if you download "[eik]Web-Furniture-Designer-Pro[xp]" which is a GPL 3 compliant web service application (just like the eCommerce type web services you can find) and it includes a link to source, you cannot remove it.

      The eW-F-D-P program might contain a function on the main front page saying something like "Released under GPL v3, source available [Here]"

      If that is the case, then you are NOT allowed to remove that link and after modifying the software, the functionality must remain. In my eyes, this is similar to expecting a copyright notice to be on documents.

      If the software that you downloaded is v3 compliant, but does NOT contain a "download source [here]" type link, then you are not going to be obliged to add this functionality.

      The one question that springs up here is the following: Does the sourcecode download link have to be maintained in a working state, and does it have to point at the new valid modified source, my understanding of leaving a function working is exactly that, the function should return the same results each time it is run.

      --
      liqbase :: faster than paper
    9. Re:Going too far? by misleb · · Score: 1

      Ok, then what makes "public performance" so special? What is the significance of it beign public? In most cases, isn't the public part of the code automatically being published? I mean, all the HTML and Javascript is right there for you to save to disk if you want it.

      -matthew

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    10. Re:Going too far? by misleb · · Score: 1

      Wait, so you wouldn't be required to release your changes? Just provide (don't delete) the link to the ORIGINAL source code? Well that seems pretty trivial.

      -matthew

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
  11. Asinine, but in the spirit of Free Software by ReformedExCon · · Score: 4, Insightful

    There is a very strong "gimme gimme" theme that runs deep within the GPL community. It says, give me the source code you have because I want it. The GPL, in fact, guarantees that if GPL'd software is used in another product, both products then become infected by the GPL and the resulting work is then covered by the GPL. In a very logical sense, this makes a lot of sense. We want people who use our work (GPL'd) to also be compelled to give back their work. The payment we demand is not monetary, it is to be paid in sourcecode.

    So the loophole exists that someone may be able to make available a software package through an interface like the web which does not export the actual software to the client. The application, though, is absolutely in use by the client, he just can't see the source code. The user can't even request the source code (which the GPL forces the distributor to release to the asker). This is way outside the theme of the GPL, and it is not what the GPL writers had in mind when they originally (and revisedly) wrote it. The user should have the freedom to read, learn from, and change the code to the products he uses, that is the spirit of the GPL. By hiding the code and program behind the safety of a webserver, the companies exporting the application via the web interface are restricting the users' ability to do those things.

    I don't support Stallman in this. I think it is absolutely the right of these companies to do this sort of thing. And I think that changing the GPL to include such egregious usurpation of rights is a blow to Free Software, both spiritually and tangibly as we will see more people decide to either stick with GPL2.0 or go with a more lenient license.

    --
    Jesus saved me from my past. He can save you as well.
    1. Re:Asinine, but in the spirit of Free Software by Toba82 · · Score: 1

      Remember, this NOT required of developers of OSS web service type software who release under GPL3. This is a voluntary thing - basically if the developer's original has a show source feature, later modifiers aren't permitted to remove it. Nothing to see here folks, please move along.

      --
      I pretend to know more than I really do by mooching off google and wikipedia.
    2. Re:Asinine, but in the spirit of Free Software by tweek · · Score: 1

      Well that's stupid. Let's say I use a GPL'd weblog internal to my company. I don't want the field viewing the source. In the context of my business, it has no value to them and could cause other issues. I'm going to strip it out by god.

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    3. Re:Asinine, but in the spirit of Free Software by Toba82 · · Score: 1

      Then don't use the software that requires you to release modified source.

      Any project making the decision whether or not to force this will think about the fact that many people would be very uncomfortable with this. I doubt many services will ever use this.

      --
      I pretend to know more than I really do by mooching off google and wikipedia.
    4. Re:Asinine, but in the spirit of Free Software by TrentC · · Score: 5, Insightful

      The GPL, in fact, guarantees that if GPL'd software is used in another product, both products then become infected by the GPL and the resulting work is then covered by the GPL.

      This is, sadly, a common misunderstanding when it comes to the GPL. By using the term "infected", you are either misinformed or attempting to misinform; I'll assume the former...

      If you use code licensed by the GPL in your closed-source work and you get "caught" distributing it, you have four options:

      1. You can try to obtain an exception to the GPL from the copyright holder(s) of the GPLed code for your particular work.
      2. You can change the license of your work to the GPL (or, possibly, one of the licenses deemed "GPL-compatible"; IANAL, so consult a lawyer first).
      3. You can rewrite the affected portion to remove the GPLed code from your work.
      4. You can stop distributing your work so long as it contains the GPLed code.

      The copyright holder of the GPLed code can not force you to pick any particular one of the options (except, by the definition of the GPL, you must do #4 if you can't or won't do #1, #2 or #3). You are the copyright holder of your code, and cannot have your license changed against your will any more than they can have the license of their work changed against their will.

      Jay (=

    5. Re:Asinine, but in the spirit of Free Software by Pienjo · · Score: 1

      #1 is unlikely to happen - it's nigh impossible to contact every copyright owner in even a medium sized project and get their approval.
      #2 is exactly what this so-called infection is about. The GPL has the nasty habit of making sure that every derived work will be GPL too. (what actually makes up a derived work is still up to debate, but according to the FSF it covers about everything. Regarding the so-called GPL-compatibility: I'll come to that.)
      #3 usually reads "Use something else". Which is a good solution indeed, if available, but you can question whether it serves the greater purpose. If GNU readline would've had a sensible license (like LGPL), there wouldn't have been people working on a replacement library under a less restrictive license. Now they have been, and this time could've been spent better.
      #4 is just fine, if you weren't interested in distributing it to begin with. For example, when all you wanted to do is use it. However, if this strange clause of TFA actually ends up in the GPLv3, people will be forced to use it. So instead of "Don't distribute it", it suddenly reads "And don't use it either".

      Regarding the GPL-compatible licenses: It's not what you think. A GPL-compatible license is not a license which is allowed to use a GPL component; it's a license that a component of a GPL project is allowed to have. It has to be more permissive than the GPL is. In fact, the GPL is incompatible with itself. A nice thought experiment would be this:

      Suppose someone takes the GPL (v2, if you want), and replaces all occurences of "GNU" and "FSF" with something different. Try "Microsoft", or something less offensive if you want :). And yes, I know that this will voilate copyright law, but that's not my point. Let's call it the MPL for simplicity's sake.

      This newly generated MPL (An exact copy of the GPL, apart from the name there's no reason why the MPL is evil where the GPL isn't) is mutually incompatible with the GPL. An MPL-licensed module will never be allowed to be used together with something GPL-ish, unless explicit permission is given. And vice versa, ofcourse. The GPL demands that the resulting work would be licensed under the GPL, the MPL demands that it'll be released under the MPL. In other words: A deadlock.

      There's quite a few people who think that the GPLv2 is needlessly restrictive. The GPLv3, from what I've seen, is even worse in this department. I think I'll pass.

    6. Re:Asinine, but in the spirit of Free Software by killjoe · · Score: 1

      Err what happened to "write your own fucking code ya leech"?

      It seems like that's surely an option, no?

      --
      evil is as evil does
    7. Re:Asinine, but in the spirit of Free Software by Kjella · · Score: 1

      And I just wanted to point out that none of the four options have any influence whatsoever on your legal liability. Many people seem to think that 2) suddenly absolves you of this. It doesn't. The copyright holders of the GPL software often accepts that as a settlement, but they are not in any way obligated to.

      --
      Live today, because you never know what tomorrow brings
    8. Re:Asinine, but in the spirit of Free Software by Nasarius · · Score: 1
      Well that's stupid. Let's say I use a GPL'd weblog internal to my company. I don't want the field viewing the source. In the context of my business, it has no value to them and could cause other issues. I'm going to strip it out by god.

      You act like you're entitled to use someone else's code however you want, just because it falls under the category of open source. Too fucking bad; you can't. Either you abide by the terms of the license, or you don't use it. It's not your code.

      --
      LOAD "SIG",8,1
    9. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0

      Err what happened to "write your own fucking code ya leech"?

      Err what about option 3?

    10. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0
      So the loophole exists that someone may be able to make available a software package through an interface like the web which does not export the actual software to the client.

      "Interface" is the keyword here: the user doesn't run the software, only interfaces it. Why would they have the right to source of software that runs on someone else's system?

      If they're using a client to connect to the service, that is another story; the client runs on the user's system, so the user should have the right to see the source. But not on the server.

    11. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0

      Yeah! So go get the code for IIS or Windows of some warez site, modify it and use that code in your app.

      Please post the results. We could do with a giggle.

    12. Re:Asinine, but in the spirit of Free Software by TrentC · · Score: 1

      #1 is unlikely to happen - it's nigh impossible to contact every copyright owner in even a medium sized project and get their approval.

      It depends on the project; some open source projects ask contributors to transfer copyright to the project, so there's no need to go hunting everyone down. Just because it's impractical or nigh-impossible in many cases doesn't mean it's not a legitimate option.

      #2 is exactly what this so-called infection is about. The GPL has the nasty habit of making sure that every derived work will be GPL too. (what actually makes up a derived work is still up to debate, but according to the FSF it covers about everything. Regarding the so-called GPL-compatibility: I'll come to that.)

      You still seem to believe that the license forces this "infection". It cannot. Licenses don't do anything; they are a piece of paper, enumerating rights and responsibilities. A judge might render a verdict making such a license change compulsory, or the copyright holder may accept such a change as part of a settlement, but that's not the GPL doing it.

      #3 usually reads "Use something else". Which is a good solution indeed, if available, but you can question whether it serves the greater purpose. If GNU readline would've had a sensible license (like LGPL), there wouldn't have been people working on a replacement library under a less restrictive license. Now they have been, and this time could've been spent better.

      Other that you have to reinvent the wheel, I fail to see why #3 is not a valid option. You seem to be confusing inconvenient options with invalid options.

      #4 is just fine, if you weren't interested in distributing it to begin with. For example, when all you wanted to do is use it.

      The GPLv2 doesn't cover use; it covers distribution. If all you want to do is use it, the GPLv2 has no power to force your code open.

      Jay (=

    13. Re:Asinine, but in the spirit of Free Software by dkf · · Score: 1

      The right way to deal with this, and which will drive the FSF up the wall, is to fork any code that switches to the v3 license at the point just before the switch. Any code that is created from scratch with the v3 license can just be cloned wholesale with a different license.

      Of course, this ends up looking very much like the Unix Vendor wars, but that's what you get when you allow some third-party organization to dictate the terms of your licensing. Think for yourselves!

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    14. Re:Asinine, but in the spirit of Free Software by Rich0 · · Score: 1

      #2 is exactly what this so-called infection is about. The GPL has the nasty habit of making sure that every derived work will be GPL too

      Uh, this is in fact the very design of the GPl, not a "nasty habit" (which implies that it is an undesired side-effect). People who write GPL'ed code don't want you to redistribute it in non-GPL projects. If you don't like it take it up with whoever wrote the code - they can in fact grant you an exception. In fact, if you only want to borrow 2 lines of code you just need to figure out who wrote those two lines (not hard with CVS in theory).

      If GNU readline would've had a sensible license (like LGPL), there wouldn't have been people working on a replacement library under a less restrictive license. Now they have been, and this time could've been spent better.

      It has a prefectly sensible license now. You just happen to not like it. Apparently some other people agree, and they object to the GPL so strongly that they're willing to reinvent the wheel.

      Next you'll be arguing that if linux had a sensible license (like BSD) then Microsoft wouldn't have to rewrite their own kernel from scratch for their proprietary OS. I doubt that Linus or RMS could care less - their philosophy would be that MS is free to write free software if they want, or they can compete against it by writing their own software. What neither is interested in is letting MS borrow their code and then enter into direct competition against them.

      The GPL is designed to support free (as in freedom) software. It is not intended to boost the public domain (in the legal sense), or to make non-free-as-in-freedom software more popular. Do you think that when RMS wrote emacs his number-1 goal was to make it popular?

    15. Re:Asinine, but in the spirit of Free Software by Pienjo · · Score: 1


      The GPLv2 doesn't cover use; it covers distribution. If all you want to do is use it, the GPLv2 has no power to force your code open.


      Read TFA. The whole idea was that the v3 version would be forcing you to publish the code of the modified GPL stuff you use for your website.

    16. Re:Asinine, but in the spirit of Free Software by Pienjo · · Score: 1

      Do you think that when RMS wrote emacs his number-1 goal was to make it popular?

      No, his goal was to boost CPU and memory sales. Everybody knows that!

    17. Re:Asinine, but in the spirit of Free Software by DeadSea · · Score: 1

      You can change the license of your work to the GPL (or, possibly, one of the licenses deemed "GPL-compatible"; IANAL, so consult a lawyer first). (Emphasis added)

      You cannot use the GPL to include code licensed under the GPL in an application licensed under a "GPL compatible" license. The GPL is very clear, you can only use the GPL to license code under the current or later versions of the GPL.

      "GPL compatible" as defined by the Free Software Foundation works the other way. The FSF defines GPL compatible code as code that can be incorporated into a GPL program and licensed under the GPL.

    18. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0
      Do you think that when RMS wrote emacs his number-1 goal was to make it popular?

      Yes, and with it the GPL. Just as Islam claims to be peaceful and yet starts wars 20 times more often than the entire western world (including America) so the GPL claims to be about freedom but is really about trying to get the software industry dependent on it then controlling that industry by changing the terms.

    19. Re:Asinine, but in the spirit of Free Software by SpacePunk · · Score: 1

      I see it as a move from "free as in speech" to "free as in beer" software. This is ok if you don't have to work for a living (I.E. in academia).

    20. Re:Asinine, but in the spirit of Free Software by Klaruz · · Score: 1

      Only if the software has a command to let you download the source. If it does, you're not allowed to remove it. Otherwise, it's the same.

      RTFA.

    21. Re:Asinine, but in the spirit of Free Software by s20451 · · Score: 1

      The analogy of "infection" remains. Indeed, each of the options you have presented is analogous to an organism being infected by a virus:

      #1 corresponds to living in symbiosis with the virus
      #2 corresponds to acting as a carrier for the virus
      #3 corresponds to mounting a successful immune response against the virus
      #4 corresponds to the virus killing the organism

      and the virus can't force the organism to implement one of these four options!

      --
      Toronto-area transit rider? Rate your ride.
    22. Re:Asinine, but in the spirit of Free Software by arose · · Score: 1

      There is a very strong "gimme gimme" theme that runs deep within the anti-GPL community. It says, let me take your code, incorporate into my software and not give you anything for it.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    23. Re:Asinine, but in the spirit of Free Software by Tim+C · · Score: 1

      The application, though, is absolutely in use by the client, he just can't see the source code.

      The GPL explicitly does not cover use of the software, only distribution. If I allow you to sit at my desk and use my PC, do I then have to give you the source of any GPLed app that you use? If not, then why should it be the case that allowing you to connect to my server and use a GPLed app changes that?

      It is use, not distribution. If GPL3 changes that, then it's stepping into the boundary of a usage licence, not a distribution one, and I'm uncomfortable about that.

    24. Re:Asinine, but in the spirit of Free Software by anthony_dipierro · · Score: 1

      #3 and #4 also involve you being subject to a lawsuit for damages. Actually, all 4 do, but if you choose 1 or 2 you probably won't get sued.

    25. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0

      This is, sadly, a common misunderstanding when it comes to the GPL.

      What? Using the term 'infection'? What term do you wish to use?

      If you use code licensed by the GPL in your closed-source work

      Why are you using 'closed source' as your example? Why not use the 2 clause FreeBSD licence as the example?

      Copyright (C) 1992-2005 The FreeBSD Project. All rights reserved.

      Redistribution and use in source and binary forms, with or without
      modification, are permitted provided that the following conditions
      are met:
      1. Redistributions of source code must retain the above copyright
            notice, this list of conditions and the following disclaimer.
      2. Redistributions in binary form must reproduce the above copyright
            notice, this list of conditions and the following disclaimer in the
            documentation and/or other materials provided with the distribution.

      Very simple. When someone adds GPLed code to a very un-imcumbered 2 clause licence how do you propose to label the event?

      Crapping the source code up with more legal shackles?
      Shoving some "openness" idology down others throats?
      Making software incumbered?
      Creating a fork?

      or how about:

      Bringing the glory of Stallman to the unwashed masses?
      Making the code Linux-compatible?
      Setting the code free?

      If you are so concerend about the GPL and closed source - where was this concern with Virgin Corp was violating the GPL?

    26. Re:Asinine, but in the spirit of Free Software by pclminion · · Score: 1

      Why did you leave out option number 5? Option 5 is, Go to court and challenge the legal basis of the GPL.

    27. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0
      Very simple. When someone adds GPLed code to a very un-imcumbered 2 clause licence how do you propose to label the event?


      Theft.
    28. Re:Asinine, but in the spirit of Free Software by Anonymous Coward · · Score: 0

      #0 corresponds to you voluntary taking a virus that does not actively attack any organisms

  12. Only the changes by seweso · · Score: 0

    You only need to provide the changes not the entire source-tree.

  13. How are projects meant to move to a new license? by afaik_ianal · · Score: 1

    Not sure how on topic this is, but I thought that one of the terms of GPL was that you couldn't put more restrictive terms on an existing license. How can a project move to GPL3 if it is more restrictive than GPL2?

    What is to stop someone from just putting an existing project under a commercial license? What makes GPL3 so special that GPL2 projects can move to it without breaking their own licensing terms?

  14. I guess this is Richard Stallman's answer..... by stygar · · Score: 3, Insightful

    ...to the following questions:

    What can we do to make sure that for profit enterprises won't ever consider using GPL3 code in any projects?

    How can we best add legitimacy to Microsoft's FUD about the GPL?

    1. Re:I guess this is Richard Stallman's answer..... by WalterSobchak · · Score: 1

      What can we do to make sure that for profit enterprises won't ever consider using GPL3 code in any projects?

      When I used to work for a web company, it contracted people from the open source community to customize GPL'ed code. And I did think that used to be seen as a "best case": We got a customized apache, and people from the community got some money.

      I am a moron without a brain, and this may be flamebait, but sometimes I wonder how some opensource advocates pay their rent. Because, somehow the companies that pay the programmers will have to make some profit. Or is the idea that I should have learned a real job like carpenting, and program just for fun...

      Just my 0.02

      Alex

      --
      Absinthe makes the heart grow fonder
    2. Re:I guess this is Richard Stallman's answer..... by ArbitraryConstant · · Score: 1

      "Or is the idea that I should have learned a real job like carpenting, and program just for fun..."

      In Alberta these days, a good welder can make an obscene amount of money.

      --
      I rarely criticize things I don't care about.
    3. Re:I guess this is Richard Stallman's answer..... by killjoe · · Score: 1

      I'll answer your question with another one.

      Of all the people who write code for a living, what percent makes money bu coding for an application that is for sale to the public?

      My guess is that it's pretty small.

      --
      evil is as evil does
    4. Re:I guess this is Richard Stallman's answer..... by WalterSobchak · · Score: 1

      Of all the people who write code for a living, what percent makes money bu coding for an application that is for sale to the public?

      As I understand it, GPL 3 tries to redefine "sale to the public". And the percentage of programmers that write code which helps companies make a profit is relatively high.

      My limited brain thinks about, say, you are an insurance agency. You run a website, which is served by some customized GPL3 code, then you will have to make that source public.
      Supposed, your printing system for sending out mail is also run by customized GPL 3 software. You don't have to make that public.

      In neither case, you are distributing the code, only the results. In case 1 it's byte streams, in case 2 it's paper. Why they distinction?

      Alex

      --
      Absinthe makes the heart grow fonder
    5. Re:I guess this is Richard Stallman's answer..... by killjoe · · Score: 1

      "And the percentage of programmers that write code which helps companies make a profit is relatively high."

      Virtually every programmer helps their company make money by improving efficiency or process. That's not what I am talking about. I am talking about people who program on software for sale.

      "My limited brain thinks about, say, you are an insurance agency. You run a website, which is served by some customized GPL3 code, then you will have to make that source public.

      Ah I see, no that's not true. Stallman never said that. He is talking about something much more specific. Perhaps you should read some of what he has said.

      --
      evil is as evil does
  15. Wow by tweek · · Score: 3, Insightful

    I have a feeling this will do more harm than good to F/OSS usage out there.

    I can't really codify my feelings into words since my examples are all licensed under something OTHER than the GPL (apache,php) but I think everyone sees where this would stiffle GPL-based software growth.

    It's like saying that anyone who uses foo shopping cart (licensed under the GPL) to sell t-shirts online must now release any code changes they make to foo shopping cart just because the business uses it to sell t-shirts.

    This has been the biggest FUD from Microsoft for the longest time. You shouldn't write an application to run on Linux because you'll be forced to give your code away! With this type of change, that might become fact rather than fud.

    --
    "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    1. Re:Wow by Anonymous Coward · · Score: 0

      for the love of god, it's STIFLE!!!!

      where's my drink...

    2. Re:Wow by Jussi+K.+Kojootti · · Score: 1

      I'm not refuting your analysis, but I'd like to point out that keeping the code changes hidden is seldom critical... Think about your t-shirt seller -- how is he hurt by having to show the changes he made with the shopping cart? Is the shopping cart really the part of his business that separates him from the competition? (hint: if it is, isn't he in the wrong business...)

    3. Re:Wow by jabberwocky_rt · · Score: 1

      Where I work, Open Source is a bad word because of just those kinds of misunderstandings. Regardless of what the GPL3 is REALLY trying to do, this really isn't going to help me or any of my coworker convince management that GPL'ed software is something to look into.

      Worst of all, most decission makers won't understand the concept of using GPL2 vs GLP3 licensed works... its all the same to them...

    4. Re:Wow by jrumney · · Score: 1
      This has been the biggest FUD from Microsoft for the longest time.

      And the alternative that Microsoft suggests is to pay exhorbitant sums of money for security hole ridden proprietary software under a license which forbids you from making any changes even if you could get your hands on the software. It is up to you which price you want to pay, the GPL3 price of disclosing your modifications, or the MS price of perpetual dependancy and ongoing licensing and support costs.

  16. i'm not so sure that this is a good thing by blackcoot · · Score: 1

    i can appreciate why rms et al are doing things the way they are, but it makes me kinda leary. if i used f/oss package $x as the basis for a web service and then made modifications to it to suite my business (custom tie-ins to my inventory system, etc.), i'm not certain that i would want to be forced to release that information to the world. which means that in order to keep that stuff private, i am forced to perform some very careful surgery to build an interface to proprietary code which is designed to interoperate with the original gpl stuff but is a seperate module under a seperate license. so all the gpl would accomplish is releasing to the world the hooks and interfaces i put into place to interface with my code. not terribly useful, imho. in the mean time, people who don't want to give away even that much information switch over to closed source stuff. which kinda defeats the purpose...

    but then again, i'm probably way oversimplifying things. it's late and i'm sleepy.

  17. FUD + Dupe = Congrats by Knome_fan · · Score: 4, Informative

    The zdnet article is just a rehash of the onlamp interview with Stallman that has recently been on /.:
    http://www.onlamp.com/pub/a/onlamp/2005/09/22/gpl3 .html
    http://developers.slashdot.org/article.pl?sid=05/0 9/24/1325214&tid=117&tid=156

    Needless to say that you should read the actual interview, as things are a bit more complex than what the /. blurb to this story or the zdnet article want to make you believe.

    Well done /.

    1. Re:FUD + Dupe = Congrats by aussie_a · · Score: 4, Informative
      For the exact quote:
      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. This is only a tentative plan, because we have not finished studying the matter to be sure it will work.
      Thanks a lot /. for the FUD. You sure fooled me. However I do have one question: If I edit the code that has such a "command", do I have to edit the command so it displays my derivative version of the code? Or is it fine for the command to merely publish the older version?
    2. Re:FUD + Dupe = Congrats by Anonymous Coward · · Score: 0
      you asked:

      "However I do have one question: If I edit the code that has such a "command", do I have to edit the command so it displays my derivative version of the code? Or is it fine for the command to merely publish the older version?"

      and the exact quote says:

      "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."

      (emphasis is mine)

    3. Re:FUD + Dupe = Congrats by bedessen · · Score: 1

      It would have to be the modified version, or whatever is "live" on the server at the time. If not, it would be directly analogous to saying "you can take a GPL program, distribute modified binaries, and ship the unmodified upstream source tarball to satisfy the GPL." That would never fly, and so you would have to assume that the same thing would apply to the source-download-link.

  18. FUD Time! by nodnarb1978 · · Score: 0, Flamebait

    Am I the only one that sees this as a boon to M$ FUD? Many customers are not going to understand the finer points of the closed-proprietary vs. open source debate, and are going to be confused by conflicting concepts of ownership. I can understand that greater transparency vis a vis the license can help shine the spotlight on the virtues of the open source community, but I do think that this will be overtaken by the confusion it creates amongst the adoption decision makers....to say nothing of the reactionary attempt Microsoft will surely make to exploit it.

  19. Stallman's approach by putko · · Score: 2, Informative

    I like how Stallman and Theo De Raadt both have incrmental approaches. Continually chipping away.

    E.g. here's some of the latest on OpenBSD and RAID:

    "Take Adaptec for instance. Before the 3.7 release we disabled support for the aac(4) Adaptec RAID driver because negotiations with the Adaptec had failed. They refused to give us documentation."

    and

    "But having been ignored for so long by these vendors, it is not clear when (if ever) we will get around to writing that support for Adaptec RAID controllers now. And Adaptec has gone and bought ICP Vortex, which may mean we can never get documentation for the gdt(4) controllers. The "Open Source Friendly liar" IBM owns Mylex, and Mylex has told us we would not get documentation, either. 3Ware has lied to us and our users so many times they make politicians look saintly.

    "Until other vendors give us documentation, if you want reliable RAID in OpenBSD, please buy LSI/AMI RAID cards. And everything will just work."

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  20. Only if the original code had this feature by Hajoma · · Score: 1

    Have none of the above posters read the article or draft license? All the GPL3 requires is that if some code already includes a "send me the code" feature, any modifications may not remove it. It doesn't mean every GPL3'd application must publish its code in this way.

    1. Re:Only if the original code had this feature by nodnarb1978 · · Score: 1

      All the GPL3 requires is that if some code already includes a "send me the code" feature, any modifications may not remove it.

      OK, but who's paying for the bandwidth associated with that function? And does that include hardcoded links to the source on other sites? Examining this from a bottom-up perspective looks a lot different than from the top down.

      Short version is, can we expect corporations to adopt in any situation where their "ownership" (using the term liberally to make the point) seems diluted by what some may see as as much a political movement as anything else?

    2. Re:Only if the original code had this feature by nodnarb1978 · · Score: 1

      As an example, say Coca-Cola uses an open source CMS to build a promotional site. How big a percentage of people are going to immediately understand what the "source code" link and "GNU License" means contrasted with the number of people who are distracted or otherwise confused by this?

      Corporate America will not pay for the promotional expenses of a software movement, nor will it tolerate its co-opting as the promotional host-body for the selfsame movement.

      Sounds like a good idea, but if used as a big stick, it will hurt adoption rather than promote it.

  21. People will just use GPL2 or BSD. by the_raptor · · Score: 1

    If you distribute the code to a third party then you have to give *all* the source. Currently if you are using mixed code for say a webserver you don't, as that doesn't count as distribution.

    As most GPL code says you can use version 2 or later, they will either stay using version 2, or replace the code with a BSD version. Linux is fairly unique in that it is only licensed under GPL2, so this will not affect companies like Google that modfiy Linux for in house use.

    --

    ========
    CINC, 4th Penguin Legion
    1. Re:People will just use GPL2 or BSD. by ArbitraryConstant · · Score: 1

      Relicensing as BSD would be problematic in many cases because you'd have to get all contributors to sign off.

      --
      I rarely criticize things I don't care about.
    2. Re:People will just use GPL2 or BSD. by the_raptor · · Score: 1

      No I mean't people will either stick with GPL2 (which requires doing nothing) or replace the code with different code thats under BSD. The only problem with sticking with GPL2 is if the mainline project switches completely to GPL3, which is unlikely as you said because of trying to track down all the contributors.

      --

      ========
      CINC, 4th Penguin Legion
  22. Going too far?-stumbling so near. by Anonymous Coward · · Score: 0

    "I've been pretty happy with the GPL. I understand why it exists and what it is for, but this is going a little too far."

    If the GPL stumbles? The F/OSS movement will live through the BSDs, and all the other FSF approved licenses.

  23. That article is just disinformative by Cronopios · · Score: 5, Informative
    The information comes from this excellent interview to RMS conducted by Federico Biancuzzi, and published on OnLamp.

    This is what RMS actually said:
    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.

    This is only a tentative plan, because we have not finished studying the matter to be sure it will work.

    How would it work?

    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.
    This inteview is also discussed on OSNews.
    --
    Windows users:
    Internet Explorer is obsolete. Please upgrade to Google Chrome or Mozilla Firefox.
    1. Re:That article is just disinformative by the_womble · · Score: 0, Troll

      You actually read the original interview and what RMS actually said?

      What are you doing posting on Slashdot.

      Can I please explain what you are supposed to do?

      1) Read the inaccurate summary of an inaccurate article.
      2) DO NOT READ THE ARTICLE OR ORIGINAL SOURCES
      3) Make sure you know nothing about the subject under discussion.
      4) Post the first thing that comes into your head.

      Please note that steps two and three are vital. The moderators will not have read anything other than the summary, so if what you say is inconsistent with the summary you will be assumed to be wrong. If you know about the subject and have expert knowledge, please remember other Slashdot users to not, and they do not want to make their heads hurt by following explanations either.

    2. Re:That article is just disinformative by Kjella · · Score: 3, Insightful

      Sounds like RMS is off on a completely wrong angle if you ask me.

      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.

      Read: If I take a tiny piece of code from a program that implements such a command, I will have to implement one in MY program? Gun, meet foot. I expect that within every large software project there'll be enough people who don't like it to keep it at GPLv2, perhaps even GPLv2 only. GPLv3 seems to be going overboard.

      --
      Live today, because you never know what tomorrow brings
  24. Partially by Mark_MF-WN · · Score: 4, Informative

    I think that's only partially true. As I understand it, the derivative software will only have to allow the source code to be accessed if the original did as well. In other words, if google creates UltraSearch.com and licenses it as GPL3 AND includes a mechansism to download the source, then anyone who creates a derivative work would have to retain that mechanism or a comparable one. But if google had kept their sources private, then anyone who created a derivative work would presumably be allowed to keep their source private too. Of course, this is all confined to web-apps. Any software that is actually distributed will still have all the normal GPL conditions applying to it.

    1. Re:Partially by ultranova · · Score: 3, Insightful

      But if google had kept their sources private, then anyone who created a derivative work would presumably be allowed to keep their source private too.

      If Google keeps the source code private, how can anyone create a derivative work ? Unless you meant Googlefight ;)...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:Partially by dannannan · · Score: 3, Interesting

      If UltraSearch.com has a bug whereby a crafty HTTP request can allow me to download the source script instead of the output thereof, does that mean that I'm not allowed to fix the bug in derivative works?

    3. Re:Partially by Anonymous Coward · · Score: 0

      Huh? The only thing you can't do is disable the download of the application source (in this case, modified source). No one is telling you how to implement it...it just has to function in a certain way. You can rewrite it completely if you want. Users of the web app just have to be able to download the source if they care to.

    4. Re:Partially by horza · · Score: 2, Interesting

      Effectively this would add an option (b) to:
      (a) source must be provided when distributing but modifications may be kept secret when used privately
      (b) source must be provided when distributing and modifications must be made public for private usage.

      I personally am against adding this option as I don't think this should be encouraged (and I used the word encouraged because authors don't have to use GPL, there are a wide range of licenses, but GPL is popular because of the simplicity and the principles behind it). imho it stifles innovation. It also hinders commercial usage as modifications would have to be publishing immediately whereas developers often have to wait for permission from the company who has paid for the developers time to allow their work to be released under GPL. Finally, if an author has chosen option (b) and others start contributing then it becomes difficult to revert to option (a) as he will need written permission from all contributers before he can change the licence.

      Phillip.

    5. Re:Partially by nickos · · Score: 1

      Interesting point. I think it's very difficult to argue about changes in a programs functionality in a law court. Remember Microsoft vs. DOJ arguing about whether IE was integrated into Windows?

    6. Re:Partially by Anonymous Coward · · Score: 0

      Well, it appears GPL3 wins out over GPL2.

  25. "Tentative" by dirtsurfer · · Score: 1
    From the article:

    "This change would have no effect on existing software but could be added by developers to future versions of a particular program, according to Stallman. He said this was only a "tentative plan" as it has not yet been studied fully to see whether it would work"

    So the clause might not even get added at all.

  26. Devil is in the details by Chuck+Chunder · · Score: 5, Informative
    A simple "websites running GPL software being required to release their source code by some means" is quite scary and if it's that simple it could be quite burdensome as "running GPL software" is a very wide target.

    If I have an (otherwise proprietary) web application that makes a call to a GPL3'd grep command then I'd have to distribute grep to people if they asked. That sounds silly and unnecessarily burdensome and would create the sort of administrative overhead that would push people to a non-free solution.

    However the mechanism Richard Mentions:
    We're looking at an approach where programs used (on a public server) will have to include a command for the user to download the source for the version that is running," Stallman said. "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.
    seems vastly more sane. GPL3'd applications that aren't web-apps won't suddenly require distribution if they are used in a web-app, only applications coded with such use and distribution in mind will.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
    1. Re:Devil is in the details by irc.goatse.cx+troll · · Score: 2, Insightful

      But how do you deal with modules? As thats written, all that you can't do is change the part of the code that sends its own source, but all you'd have to do is add in your own module loader and keep your private code seperate. The source-sender knows not of your new code, and thus most likely won't be able to release it. The only ways around this would get tricky as they could just as easily leak passwords/other sensitive info.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    2. Re:Devil is in the details by dos_dude · · Score: 1
      If I have an (otherwise proprietary) web application that makes a call to a GPL3'd grep command then I'd have to distribute grep to people if they asked.
      ...
      We're looking at an approach where programs used (on a public server) will have to include a command for the user to download the source for the version that is running," Stallman said. [...] seems vastly more sane.


      You think it's more sane to build a 'command' into grep that makes its source code available on the server it is running on? To me, this sounds incredibly unsane.

      I guess I still don't get the point here.

    3. Re:Devil is in the details by bcrowell · · Score: 1

      If I have an (otherwise proprietary) web application that makes a call to a GPL3'd grep command then I'd have to distribute grep to people if they asked.
      Huh? There's only a requirement to GPL your code if it's linked to GPL'd code. You're not linking your program with grep, because grep isn't a library.

  27. I don't think it's possible. by Rocketship+Underpant · · Score: 2, Interesting

    Here's what RMS said:

    "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."

    I don't think it's possible. As even RMS notes, running a program constitutes use, not distribution, and no "copyright license" can tell you how to use your software. Additionally, it's against the spirit of free software.

    --
    He who lights his taper at mine, receives light without darkening me.
    1. Re:I don't think it's possible. by cpt+kangarooski · · Score: 1

      no "copyright license" can tell you how to use your software

      Oh yes they can. The trick is that use isn't an exclusive right, and so you can't hang a license on the use of the software. But if you're licensing things that do fall within the exclusive rights, such as reproducing the work in copies, preparing derivatives, distributing copies, etc. then you can throw in conditions. But this doesn't appear to be a use license anyway.

      Here, I think that what would happen would be one of two scenarios:

      A releases under GPL3, server-side software that includes a 'download source' command. B either 1) uses it as-is, in which case the command is present and working because A put it there and B hasn't changed anything, or 2) modifies it, which requires compliance with GPL3, and doesn't let him remove this feature and requires him to allow it to be used to download the modified source.

      Either way, the command is there.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:I don't think it's possible. by Kjella · · Score: 1

      As even RMS notes, running a program constitutes use, not distribution, and no "copyright license" can tell you how to use your software.

      Right, all those EULAs must just be in my head. I don't see any limitation in copyright law which makes a "viral" EULA work any less than the GPL.

      --
      Live today, because you never know what tomorrow brings
    3. Re:I don't think it's possible. by mark-t · · Score: 1
      Consider the folowing:

      A releases under GPL3, server side software that includes a "download source" command.

      B downloads the software.

      B then makes changes to the software, and disables the "download source" command.

      B does not distribute his software to anyone else.

      B puts his software on his own public webserver, where people can utilitize the program's output.

      Now... Has B violated Copyright?

      It's clear that B is _USING_ the program in a manner in violation of A's wishes, but copyright covers copies, not use. So what _COPY_ did B make that was an infringement? Bear in mind that Fair Use is not infringement, and that the primary metric by which the courts determine whether or not fair use is applicable to copying a copyrighted work without permission is whether or not the person making the copies either intended to distribute them, or simply whether or not he actually _DID_ distribute them. Since neither of these would be applicable, all that is left is the notion of intent to use it for commercial purposes, which again falls outside the scope of Copyright.

      This aspect of the GPL3 is an EULA, and is no more and no less enforceable than any other EULA... but that's still not covered by Copyright Law.

    4. Re:I don't think it's possible. by boy_of_the_hash · · Score: 1

      EULA's are not copyright licenses, a copyright license covers redistribution.

    5. Re:I don't think it's possible. by Kjella · · Score: 1

      B then makes changes to the software, and disables the "download source" command.

      That would make it a derivative work, which is an exclusive right of the copyright holder. Thus you need a license. The GPLv2 grants you this right, and if you don't distribute it doesn't require anything in return.

      --
      Live today, because you never know what tomorrow brings
    6. Re:I don't think it's possible. by Anonymous Coward · · Score: 0

      So if I rip out the last chapter of a book I have violated copyright law? By your standard I have created a derivative work and it doesn't matter if no copying was involved. I call BS. I naturally have the right to modify any code I run, even proprietary code. Copies made as a necessary part of "use" are specifically exempt from copyright law. Only a EULA can change this, and, apart from the argument of whether unsigned EULA's are even valid, RMS does not want the GPL to be a EULA. He intends for it to rely solely on copyright law.

    7. Re:I don't think it's possible. by Minna+Kirai · · Score: 1

      That would make it a derivative work, which is an exclusive right of the copyright holder.

      Unlike the AC respondent said, this is a grey area. Technically it is a derivative work, as B read the original file into RAM, commented out a few lines, and then saved a copy of that RAM back into disk. (which is a derivative "reproduction" and thus a copyright infringement unless authorized)

      However, that copy is not redistributed further, and may be temporary in nature (ie, if the patch is dynamically applied each time the program loads), so this activity might fall under a fair-use exception. It also closely resembles the "right of first sale", which allows someone who legally acquired a copyrighted copy to modify that one copy.

      Judges could easily go either way on this.

    8. Re:I don't think it's possible. by Anonymous Coward · · Score: 0

      There are ways of not reading into RAM to make the edit, and, as you point out, it could be applied dynamically anyway to an approved "use" copy. Judges could, of course, go both ways on anything. Copyright law has a exclusion for "use" copies, but then again the Constitution had an exclusion of powers clause last time I read it... and nobody has paid attention to that for years.

    9. Re:I don't think it's possible. by kapowaz · · Score: 1

      Agreed. I was going to make the same point, but you've done it for me. Essentially, RMS is confusing distribution and usage. Website visitors do not receive a distribution of the site, they use it. Forcing web application developers to distribute their works under the terms of the GPL is against the spirit of Free Software, which makes provision for people who wish to use free software but not redistribute it.

    10. Re:I don't think it's possible. by Rocketship+Underpant · · Score: 1

      "I don't see any limitation in copyright law which makes a "viral" EULA work any less than the GPL."

      That's because EULAs aren't supported by copyright law at all. Copyright by definition has nothing to do with use, only *copying*. I know of no laws in any country that let a buyer or distributor dictate how his merchandise must be used.

      --
      He who lights his taper at mine, receives light without darkening me.
    11. Re:I don't think it's possible. by cortana · · Score: 1

      So what are they supported by? If the use of a work is not an exclusive right (which it is not according to 17 USC 106) then why does anyone pay any heed to EULAs at all?

      In fact, DJB has a Software user's right's page that goes into this issue. However the most recent case it references is 1992... does any one know of a similar page with more up to date information?

    12. Re:I don't think it's possible. by cpt+kangarooski · · Score: 1

      B has made a copy of the program, and has made a derivative of the program. Both of these acts are infringing, unless permission has been granted by the copyright holder or there is an applicable exception to copyright (e.g. 17 USC 117 covers some copies or derivative works, but not all copies or derivative works; and there are certain conditions that have to be met for it to apply).

      Bear in mind that Fair Use is not infringement, and that the primary metric by which the courts determine whether or not fair use is applicable to copying a copyrighted work without permission is whether or not the person making the copies either intended to distribute them, or simply whether or not he actually _DID_ distribute them.

      Got a cite for that? The four factors that are used by the courts are listed at section 107. Of those, the fourth is generally considered to be the most significant. Distribution qua distribution is not a factor, however.

      It also closely resembles the "right of first sale", which allows someone who legally acquired a copyrighted copy to modify that one copy.

      That's wrong. First sale is an exception to the distribution right, not the derivative right. Some modifications may not rise to the level of being derivatives, or might be fair use if they are; but first sale has nothing to do with them.

      Getting back to GPL3 itself, the two scenarios I described control. Either the software in question has a download feature and is left alone, or else it is modified, in which case GPL3 limits the modifications permissible so that that feature remains. Since the modifications are infringing of the derivative right if the GPL is not agreed to, it's relying on copyright law.

      Now, you could always try to rely on fair use and other exceptions instead of accepting the GPL. That's true even today. But this can result in litigation to settle the issue, and introduces an element of risk. Most people would rather avoid the risk by agreeing to the GPL, and putting up with its relatively minor requirements in this situation, or canceling the whole project.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:I don't think it's possible. by Anonymous Coward · · Score: 0

      It doesn't apply to the user, it doesn't apply to the one who redistribute, it apply to the person who modify the software. It says that if you modify, you must keep the feature working. Use is still 100% free.

    14. Re:I don't think it's possible. by Rojar+North · · Score: 1

      You are wrong. The intent is to allow the modifications to be downloaded too. Read cafrefully what RMS said! "download the code that is running"... And that is restriction of use. No one will be against leaving the download button intact for the original software. It will take the site of the author down, not the site of the modifying user. RMS undertsands he is on a slippery spot and that's why GPL3 takes so long. He wants to restrict use but knows that he will lose face easily.

    15. Re:I don't think it's possible. by cpt+kangarooski · · Score: 1

      I believe that I said that the modified source would be downloadable. Again the scenarios are either a) unmodified source which permits download (and this isn't disabled since it's left unmodified) or b) modified source, where GPL3 requires that the modified source be downloadable.

      I still don't see a use restriction.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    16. Re:I don't think it's possible. by Rocketship+Underpant · · Score: 1

      "why does anyone pay any heed to EULAs at all?"

      Good question. I don't know of an EULA ever standing up in court, and I have heard that courts have found them invalid in most US states.

      My guess is:
      1. EULAs are a bullying tactic, since even the threat of a lawsuit means an immediate win for any corporation over an individual.
      2. Corporations like to feel that they're in control of their customers, and EULAs feed this fantasy.
      3. EULAs are aimed to soften up the public, so that one day when new laws take away our freedom to use our own property, people won't object. They'll think it's always been that way.

      What's certain, though, is that EULAs, are not connected to copyright laws, and the GPL is a child of copyright.

      --
      He who lights his taper at mine, receives light without darkening me.
    17. Re:I don't think it's possible. by cortana · · Score: 1

      True, true, and true. But the courts still came down in favour of EULAs in ProCD v. Zeidenberg, Microsoft v. Harmony Computers (no reference, sorry) and Novel vs Network Trade Center. It would still be nice to have something on this dated later than 1996 though.

  28. Finally a GPL Gates can get behind! by Anonymous Coward · · Score: 0

    Google might have to release their code?

    I can hear Gate cackling all the way from Redmond.

  29. Re:How are projects meant to move to a new license by Anonymous Coward · · Score: 0

    There are two answers to this:
    First: the copyright owner of the software can publish his work under any license he wants to. This includes other versions of the GPL as well as commercial licenses. E.g. does Borland so with its CLX library used in Kylix: If you get the free version of Kylix, CLX is licensed to you under the GPL, which forces you to release your derived app under the GPL, too. If you're a commercial developper, you have to get the commercial version of Kylix/CLX and you can distribute your work under any license you want to...
    Second: most (not all) GPL licensed software has a clause, stating, that the work may be licensed und version 2 and any newer version of the GPL... I personally always thought, this clause is needed, when the GPL 2 becomes legally invalid (due to whatever...). But i'm quite disappointed to see, that rms uses this clause now, to apply other rights and duties than in version 2, to the software.
    Regardless what one may think of the GPL 3, it's quite sure, that a lot of developers won't like that, but although they can remove the clause from newer versions of the work, they ARAIK cannot remove the clause from already released work.
    So, I personally would surely prefer, if the GPL 3 would be released as a license independant to the GPL 2, so no work can be licensed under it without the explicit approval of the copyright owner.

  30. Voluntary, but in the spirit of Free Software by Anonymous Coward · · Score: 0

    I other words it's as voluntary as a national ID card, and the passenger flying list. Basically your "nothing to see here" is going to gradually creep into the the rest of the code out there (otherwise what's the point of even thinking about this change).

    --
    The GPL is about free code. The BSD is about free ideas.

    1. Re:Voluntary, but in the spirit of Free Software by Toba82 · · Score: 1

      No, that's wrong. The national ID card would be a required thing, unless of course you see "moving to another country" as a simple thing as using a different piece of blogging software. Also, it isn't like the passenger flying list only applies to a few airlines, it applies to everything.

      --
      I pretend to know more than I really do by mooching off google and wikipedia.
  31. Re:It won't effect the average user by Anonymous Coward · · Score: 2, Funny

    Mod parent informative... I now have Quake 3 running on Linux :-)

  32. Interesting question.... by Creepy+Crawler · · Score: 1

    What license is the "GPL License" covered under (the actual legalease copyrighted text), and why cant we modify it and make public all changes?

    --
    1. Re:Interesting question.... by Jussi+K.+Kojootti · · Score: 1

      Eh? Of course you can modify it and make public all the changes. Just don't call it GPL afterwards.

    2. Re:Interesting question.... by Vo0k · · Score: 1

      Not necessarily. The text itself may be covered by copyright. In this case you can't go around, change arbitrary things and call it "johnny's license". You may (or may not) be required to credit the original author, or do some other stuff to make [publishing] your version legal.
      That's a very valid question. Don't shoo it like this.

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    3. Re:Interesting question.... by Creepy+Crawler · · Score: 1

      Actually, you're right on cue. The GPL is under copyright. Read the first section to see my complaint about it.

      _____

                      GNU GENERAL PUBLIC LICENSE
                                    Version 2, June 1991

        Copyright (C) 1989, 1991 Free Software Foundation, Inc.
                                                    51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
        Everyone is permitted to copy and distribute verbatim copies
        of this license document, but changing it is not allowed.

      _____

      What? Permitted to verbatim copy, but NO CHANGING??? Wow, that sure departs from the the very meaning of the GPL.

      --
  33. So hang on... by jacksonj04 · · Score: 1

    This means that I need to make a link to the PHP source code available through all sites running on my server? Apache as well? How about Linux since that holds the entire thing together?

    Yes I know they may not all be GPL3, but this is the kind of thing this 'closed loophole' will lead to.

    --
    How many people can read hex if only you and dead people can read hex?
  34. Enforceability by Markus+Registrada · · Score: 1
    This might be a good place to correct a misconception (propagated in postings to the previous instance of this story) that since the web site isn't distributing the code, GPLv3 can't restrict them.

    Copyright law also allows authors to impose restrictions on "public performance". Originally, the idea was that the distribution of sheet music for a melody was restricted, but playing a piece on the radio was not reproducing the sheet music. The public performance clause closed that loophole. Here, public performance would amount to "playing" the code (i.e., the "noises" it encodes, as it were) over the web. The analogy is strong, except that there's lots of stuff specified in code that doesn't go out over the wire. However, that probably just means that what's "played" and broadcast is a derived (abridged) work.

    (IANAL. This ain't legal advice. Kowtow before the Law guild.)

  35. Re:How are projects meant to move to a new license by Anonymous Coward · · Score: 0

    You cant change the license of a released product, but you can release a new version of your program under any license you want. Thats how I understand it. So, a program once licensed under GPL2 will allways be available under GPL2 -it cant be taken away.

  36. Congratulations on misinterpreting the post... by ArbitraryConstant · · Score: 1

    Websites like Google use customized GPL software internally. They'll just ignore GPL3'd code and hang onto what they already use.

    --
    I rarely criticize things I don't care about.
  37. Re:How are projects meant to move to a new license by cpt+kangarooski · · Score: 1

    From 6 of GPL2: You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

    From 9 of GPL2: The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. ... Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

    Both of these clauses have to be read together, in a mutually compatable way. What it amounts to is that licenses cannot impose their own further restrictions on sublicensees, but that licensees may have some choice as to which version of the GPL they themselves are bound by. (Of course the sublicensees get the same choice, since 6 prohibits restricting it down the road!)

    So basically it's because the GPL makes an exception for itself.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  38. Re:Slashdot, I need your help. by Anonymous Coward · · Score: 0

    Talk with her. Seriously. And if it fails, screw her and get a mare.

  39. Exodus to BSD? by Ulrich+Hobelmann · · Score: 2, Interesting

    Sounds like lots of people would simply quit using GPLed stuff then and move to one of the BSD systems. For web frameworks and platforms the vendors would have to choose. Most Java frameworks are Apache-licensed anyway, and for other GPLed project the group would have to choose either to turn into hobby-only projects or to keep the old GPL.

    The hard part about this is that probably every single copyright holder under the GPL has the right to choose to upgrade to GPL3, so that only singly-owned project could choose to really stay GPL2. But IANAL.

    *** Dangerous Virus ***

  40. Disinformative? by Anonymous Coward · · Score: 0

    I think everyone is misunderestimating how disinformative this article is. GPL 3 will embetter the whole Internets.

    This article is straight up Elmer.

    Fool me once, shame you. It fool me. We can't get fooled again.

  41. possibly moot? by Anonymous Coward · · Score: 0

    But what do the users perceive as being the application? Is it the UI in their browsers, or the stuff running on the server that spits that UI out? If you consider what the *users* see as your web application (the final UI rendered out to them), they've already gotten the code for that. In the literal sense of the GPL, all of the users have the code they're using due to the nature of the web itself.

    That's kind of a thin distinction, I realize. I hope the FSF aren't quite dumb enough to alienate such a huge mindshare segment, but if they are, as devs there are still plenty of viable platform options. Just off the top of my head, Apache doesn't require the GPL, nor does perl or Java, Postgres is BSD-licensed, and Solaris/*BSD make perfectly fine operating systems to run web/db servers on...

  42. I'm confused: a viral "download source" button? by ortholattice · · Score: 1
    So, if I want to reuse some code from a GPL'ed web application (that has this new "download source code" button) for my own GPL'ed application, even if it's just borrowing a few lines of code from some utility routine and even if my own application is completely unrelated, I'll now be forced to install a "download source code" button in my new unrelated application?

    Or if not, what prevents: 1. Fork GPLed web app w/ button into GPLed web app w/out button. Make source code available, of course. 2. Another party now takes forked code (which is identical to first web app but w/out button), and ports it to their own web app w/out button and w/out releasing source code. Is this a violation or not?

    Sorry, I am very confused. Either that, or the new GPL 3 is going to make reuse of GPLed code a pain by forcing me to program in certain features, like adding a thousand lines of code for a "download source" button to a hundred-line little GPLed utility that I write (that borrows 10 lines from the original web app with the "download source" button, which seems to proprogate virally). To me, this seems to defeat the purpose of the GPL by making it rather awkward to reuse code, possibly impossible if the new app doesn't lend itself well to a "download source" button (what if the app has no user interface?).

    1. Re:I'm confused: a viral "download source" button? by dannannan · · Score: 1

      Yeah, and to top it off if you have a bug in your program so that "download source" doesn't work correctly then you're in violation of the license, at least temporarily.

      IMO the main problem with this GPL3 idea is that it forces you to become a software distributor when all you really wanted to do was distribute the output/products of the software. At least with the GPL the requirement to provide the source isn't as big of a deal because you were already distributing software.

      Lots of odd situations come to mind:

      • Let's say my GPL3'ed website goes over my bandwidth quota so I have to shut it down. Now the output itself and the GPL3'ed source are both unavailable. Am I still under obligation to all of the people who visited the site while they had a chance to download the output, but did not have a chance to download the source?
      • GPL3'ed programs with smaller source code are more valuable to me as a website operator now! In fact, it would be very handy to distribute source code with all of the comments stripped and with the shortest possible variable names. Whatever you get from "download source" will be perfectly valid but it will look like an IOCCC entry.
      • Does this only apply to the web? What if I use a GPL3'ed mixing studio to make a track that somehow ends up in the top 40 on the radio? Do I have to include a notice in the track with my name and address so that everyone who hears the song can request me to distribute them a copy of the mixing studio source code?

      D

  43. GPL and the Kernel by eklitzke · · Score: 1
    The standard GPL license starts like this:
    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.
    The Linux kernel, on the other hand, has a slightly different license. The version of the GPL distributed with the Linux kernel is GPL version 2. Period. You don't get the option to use another version of the GPL.
    --
    #include ".signature"
  44. GPL and apple by weicco · · Score: 2, Funny

    So I have this apple in my proprietary tree, which I decide to release under GPL3... Now if I eat the apple and next mornign go to the toilet, is my poop licensed under GPL3 also?

    --
    You don't know what you don't know.
    1. Re:GPL and apple by Anonymous Coward · · Score: 0

      True! IANAL but I read slashdot which means I'm qualified to talk about things that I don't even know anything about! I'm also 12 and had sex with everyone's mother last night!

      No really, shit is licensed under the GPL. That's what it's for, all the mindless shit dribble on Sourceforge.

  45. Dupish/Misleading by Shambhu · · Score: 1

    The O'Reilly interview that this article references was covered here before and all that this new article and submission do is introduce a little confusion. Not that the proposed provision isn't worth talking about, it is.

    The addition would offer protection for developers who choose to include a particular feature in their code whereby that feature would have to be retained in future versions. That feature being the ability of users to download the source. It is completely optional for the original developer.

    --
    Rome wasn't bilked in a day.
  46. BE SPECIFIC! by mcrbids · · Score: 1

    When you release software of any significance or note, it's important to be very clear about what license you are releasing it under. Don't just say "GPL" as that's ambiguous. GPL? Most recent GPL?

    What if the GPL license evolves into something you don't want? Such as disallowing *any* commercial use?

    Be specific!

    Specify "GPL 2.0" if that's what you mean. If you have any other conditions, make sure they're specified clearly. EG: "In order to use this software, you must also do the hokey pokey in front of your boss."

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  47. GPL2 vs. GPL2 by GoRK · · Score: 1, Flamebait

    I don't have any particular problems with the GPL3 except that it is very very different from the GPL as it currently exists. (I don't have problems with it per se... I personally think it's a little bit too "viral" but that is anothe debate entirely. Software authors have the right to specify whatever terms they want for software they write.) GPLv3 removes a lot of freedoms granted to licensees under GPLv2 and as such the specific wording of a piece fo software licensed under the GPL could easily be misconstrued. What if, for instance, the software simply claims to be licensed "Under the terms of the GNU GPL"? Which version is it supposed to reference? From a legal standpoint either party could argue that it might be licensed under the terms of ANY existant version of the GPL license!

    The two licenses are so dissimilar in fact that I think that the forthcoming GPL license should have a new name and/or abbreviation. The GPL as it stands has furthered a specific idea and revisions to it have always served the purpose of clarification. The GPLv3 license is quite wildly different in purpose than any GPL license before it and as such should be renamed appropriately. Microsoft might call it the RGPL as in "Restricted GPL License" while Stallman might prefer "SOPFEEGPL" as in "Stallman's own personal Fuck Everyone Else GPL"

    I should interject here that I have been *specifically* licensing my software under GPLv2 for many years now. I don't want some freakshow whom I cannot control being able to change the terms by which my code may be used. I am happy to contribute to many other projects (including the Linux kernel) which are specifically GPLv2, but I will rot in hell the day I license something under the bastard abomination that is the GPLv3 license.

    1. Re:GPL2 vs. GPL2 by Kjella · · Score: 1

      What if, for instance, the software simply claims to be licensed "Under the terms of the GNU GPL"? Which version is it supposed to reference? From a legal standpoint either party could argue that it might be licensed under the terms of ANY existant version of the GPL license!

      The licensee may pick any version he wants. It's specified in section 9 of the GPLv2, and I assume later GPL licenses will do the same.

      --
      Live today, because you never know what tomorrow brings
    2. Re:GPL2 vs. GPL2 by bombshelter13 · · Score: 1

      You wrote: "What if, for instance, the software simply claims to be licensed "Under the terms of the GNU GPL"? Which version is it supposed to reference? From a legal standpoint either party could argue that it might be licensed under the terms of ANY existant version of the GPL license!

      From a legal standpoint, the GPL ~SPECIFICALLY STATES~ that if the code is ambiguous about which version of the GPL it adheres to, it may be used under any published version of the license subject to the choice of the user.

  48. Re:So don't lock yourself in by Anonymous Coward · · Score: 0

    Thanks for the advertisement.

  49. Did anyone actually read TFA? by naich · · Score: 4, Insightful
    This change would have no effect on existing software but could be added by developers to future versions of a particular program
    i.e. This will not effect existing software, only that which the developers decide to add the clause to.
    Stallman said developers may be encouraged to add a command to their GPL-licensed Web application that lets users download the source code
    i.e. it's referring to web applications, not the server, the OS or anything else.
    The inclusion of this command in modified versions of the program will then be enforced by an additional clause in GPL 3.
    All it means is if, say the developers of PHPBB decide to put a button on a page which lets the user download the code, then you cannot re-release PHPBB in it's original or modified form without that button.

    So it's not a feature that applies to apache, the kernel or anything other than the web application itself. It's not retro-active; the developer has to add it to a newly released version and if you don't like it then continue developing the existing version without it.

  50. Why? by Anonymous Coward · · Score: 0

    In that case my software will remain GPL2. I write software for websites to use, for example email(), a PHP mail() clone at http://sf.net/projects/poss and honestly, I don't think they should have to make my software avaliable, because they arn't distributing it! They are just using it!

    1. Re:Why? by Anonymous Coward · · Score: 0

      The proposed clause is optional and makes no sense in relation to a library like your PHP email() function. Actually the GPL may not be the best choice of license for your lib because anything that includes() your script is now GPL. It's for you to decide if this is desireable or if the LGPL may be better even tho downstream developers would not be required to make modifications availiable. Likewise it is for authors of interactive software to decide if they would like an embeded feature providing sourcecode to their webapp to be preserved downstream. Nobody is forcing you to do anything.

    2. Re:Why? by Anonymous Coward · · Score: 0

      I don't believe you are correct. This users module seems correctly licensed under GPL2, and does not affect programs which include() it. From section 2. of the GPL:

      "These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those
      sections when you distribute them as separate works."

      So the program including the module would not be bound by the GPL as they are independent works and not dependant on the email() function - it appears to be compatible with mail().

      Regards

  51. Stunningly bad writeup by Sinner · · Score: 1

    Well done.

    --
    fish and pipes
  52. How serious are you? by el_womble · · Score: 2, Interesting

    This is a really interesting move by the GPL board. Its clear that the target is Google. Under GPL3 they would have a tough time not releasing GoogleOS and GoogleFS and all the other enhancements that they are working on that are still in beta.

    The problem is that the only reason we know about either GoogleOS or GoogleFS is because it didn't cost them anything. If they knew they would have to release their IP if they decalred it as an enhancement, wouldn't they just claim that they were using Slackware through out, and no you can't see our server logs. Whats stopping them from turning round and saying, in light of the GPL3 we will now be moving to OpenBSD - ne nah ne ne nah.

    How do you define a modification? If you create your own start up script for Apache, or create a custom configuration... is that a modification? Will it be defined as any modification that requires a recompilation of code? (Kernal configuration is going to be fun). How will already understaffed GPL projects be able to 1: enforce a code submission 2: handle the increased noise, as every man and a dog submits their patches?

    How is this ever going to be enforcable? Thou shalt not covet thy neighbours wife - great idea, totally unenforcable in a court of law, in a libre society (it sure as hell is free as in beer - have you seen gas prices? ;))- but then IANAL.

    There is a big difference between writing a sensible, modular enhancement that you think will benefit all, and hacking together a patch that makes a project work better in your situation.

    This is not a licence enhancement so much as a declaration of faith. How serious are you about FOSS?

    --
    Scared of flying, pointy things snce 1979!
    1. Re:How serious are you? by naich · · Score: 4, Informative
      This is a really interesting move by the GPL board. Its clear that the target is Google. Under GPL3 they would have a tough time not releasing GoogleOS and GoogleFS and all the other enhancements that they are working on that are still in beta.
      Wrong. This part of GPL3 will only apply to web apps and only to web apps that have been marked as having to have this requirement by the developers of said web app. Google wrote the code so Google have control of the code and can decide whether to add this requirement or not.

      Expect lots of deliberate misunderstandings of this concept for FUD porpoises.

    2. Re:How serious are you? by dbIII · · Score: 1
      Its clear that the target is Google
      So does that mean this year there will be a suggested name change to GooGluX from some guy not involved with Google at all - then in two years time a gnu/google suggestion will happen, and in four years time newbies will be flaming me if I dare to call it Google?

      The poeple that would care know that it's GPL software - there is no need to advertise where the idea came from just like there was no need with linux.

    3. Re:How serious are you? by Anonymous Coward · · Score: 0
      Expect lots of deliberate misunderstandings of this concept for FUD porpoises.

      You mean GPL attack dolphins?

    4. Re:How serious are you? by MichaelSmith · · Score: 1
      This part of GPL3 will only apply to web apps

      But service provision goes beyond the web. What about P2P, email, dns?

      It seems a bit short sighted to limit this provision to one protocol only, and a bit unfair not to consider the other ways services are delivered on the Internet.

  53. MIT/Berkeley license by putko · · Score: 5, Insightful

    This will be great for things with an MIT/Berkeley license (e.g. *BSD). The license allows you to do with the code as you please (as long as you preserve the Copyright notice) and hold the author harmless.

    That's really simple.

    There seems to be a lot of confusion about the GPL, even among people who like it a lot. The simplicity of the MIT license makes it a no-brainer.

    Also, there is some question as to whether or not the GPL is a contract or not. There is the possibility that someone could "take back' the license. As there is no apparent consideration (e.g. you didn't pay for the license, did you?), a court might say, OK, he took it back. There was no contract.

    That sort of ambiguity, until put to rest, causes trouble for some.

    So the MIT (modified Berkeley) license will look better than ever.

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    1. Re:MIT/Berkeley license by ciroknight · · Score: 1

      You fellow slashdotter, are sorely misinformed.

      First of all, let's go back to the term "license". A license is simply a legal document giving official permission to do something. That means if you have a license to use my software, I am giving permission for you to use it, as long as you follow the rules laid out in our license agreement (be it GPL, BSD, what have you).

      Also, there is some question as to whether or not the GPL is a contract or not.

      No, there isn't. In fact, it says it right in the name; GENERAL PUBLIC LICENSE. A license is like a contract in that both the creator and the reciever have to agree to it. A license is like a contract in that if the licensee breaks their end of the license, they null out any rights given to them by that license. But a license is not a contract in that no one developer can pull the rights from someone using it unless they can prove they have somehow broken the license agreement. Thus, nobody can rescend the use of the license. This is true with both the GPL and the BSD license.

      There is the possibility that someone could "take back" the license. As there is no apparent consideration (e.g. you didn't pay for the license, did you?), a court might say, OK, he took it back.

      Once again, you prove you know nothing of how a license works. You can't take just "take back" the license at your pleasing; once the user has downloaded the software, he has entered into the license as it is worded at the time of his download. That means that he is free to do whatever he wants to that program/code as long as he stays within the terms of that license. If you update that license at a later date, he then has the choice to download the software again and update the license, or continue using it at the current generation (though with most software, it would simply become outdated and obsolete very quickly). As the license did not include compensation in it's agreement, that person doesn't have to "pay" for anything, simply clicking the link enters him into that license agreement, and at any moment later he breaks that agreement, he has nulled the agreement, and thus, loses any rights granted to him underneath that agreement. No court will just say "okay he took it back"; the court would rule that the License was breeched, that the licensee must immediately stop doing whatever he is doing to breech that license and come into compliance, and there is definitely a possibility at this point in time that damages are paid out.

      The ambiguity, as you put it, was put to rest in simple licensing laws sometime in the 1800's, around the same time as copyrighting and patenting. Only recently with all the changes to copyright laws are these new licenses even being developed, which is mainly why it becomes so important for us in the computer/coding world to know a little bit of law, and where they can/can't import code from. And while the GPL does leave some things to be wanted, they're trying to fix things with this current generation, to make it even easier to use, and more free to those who want their software to be free. The BSD/MIT licenses all remove a very important aspect that the GPL includes, and that is the fact that no commercial use of your code can be done without that commercial code coming into compliance with the GPL. That means no company can take your code, change the words in it, and ship it in their closed-source product. And if you spent years of your life maintaining code, I'm sure you'd want that peace of mind as well.

      Whoever modded you up should really be ashamed of themselves that they don't know licensing better. Of course, people will pick at my wordings and such, but the general point of what I was expressing will remain the same.

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    2. Re:MIT/Berkeley license by putko · · Score: 1

      Well, I'm just going by what I learned about contracts -- there has to be consideration, right?

      You write "You can't take just "take back" the license at your pleasing; once the user has downloaded the software, he has entered into the license ...", but what is the justification for your statement? And what is "enter into a license?" Don't folks enter into a contract? And for contracts, don't you need "consideration"?

      I'd like to think the law works that way, but I know full well that contract law doesn't necessarily work the way I think it should.

      Isn't it the case that if I saw I'll give you something (a license), but there's no consideration, that promise is not enforceable. OK, there's the concept of "promissory estoppel", but that's pretty vauge. Consideration is really simple.

      Here's a lawyer who agrees with me: page 56.

      I'm assuming he knows something, he wrote the book (freely downloadable) Open Source Licensing Software Freedom and Intellectual Property Law

      If you can, please explain to me how this guy is just wrong. If you can site some case law so I can follow up, that'd be nice too.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    3. Re:MIT/Berkeley license by jkbull · · Score: 1
      Caveat: IANAL, BANAY (I am not a lawyer, but apparently neither are you.)
      There seems to be a lot of confusion about the GPL, even among people who like it a lot. The simplicity of the MIT license makes it a no-brainer.
      The purpose of the GPL is to ensure that enhancements to a program are freely available. The MIT license doesn't do that. Public domain is even simpler than the MIT license, so is it even more of a no-brainer?
      Also, there is some question as to whether or not the GPL is a contract or not. There is the possibility that someone could "take back' the license. As there is no apparent consideration (e.g. you didn't pay for the license, did you?), a court might say, OK, he took it back. There was no contract. That sort of ambiguity, until put to rest, causes trouble for some.
      Consideration does not need to be monetary. I let you use this code -- that's consideration. You provide me and my designees -- everyone -- with any modifications to the code -- that's consideration, too.
    4. Re:MIT/Berkeley license by putko · · Score: 1

      Please look at p. 56 of the book linked to here.

      Conceivably, with the "consideration" your are talking about, there's no exchange of anything from the user of the program back to the licensor. E.g. you say you'll give me changes. You are giving me a promise -- but you won't necessarily ever give me any changes.

      The proverbial "in consideration of $1" seems a lot more like consideration to me than this promise.

      Also, the GPL doens't require that I give changes to you -- but to others (to whom I distribute the work) -- so you are not necessarily going to ever get anything back. How is that consideration? I can see you say, "well, to me, that warms my heart, so I consider it 'consideration'" -- but normal people don't necessarily get that. [I do, of course].

      As the lawyer mentions in the book, these licenses haven't been tested in court. I really hope we get a big fat test that clears things up.

      Also, I'm aware that the revocability of a bare license applies to MIT/BSD stuff too -- I'm not saying those are better. But their overall simplicity and clear intent make it seem a lot less risky to me.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    5. Re:MIT/Berkeley license by Anonymous Coward · · Score: 0

      If any of your crap were even remotely true, I'm sure SCO would end one of IBMs major arguments that SCO distributed their own software under the GPL, therefore IBM was entitled to make use of it in their own GPL code. SCO could just say "I take it back" and put an end to the problem.

      "I take it back"?? What is that anyway, are you in kindergarten?

    6. Re:MIT/Berkeley license by putko · · Score: 1

      Why don't you make a legal argument instead of being childish?

      "I take it back" is pretty close to "I'm revoking the license."

      The issue has to do with bare licenses, consideration and contracts. Please just read the few pages the IP lawyer wrote, and try to make a reasonable argument.

      Arguing, "what you say can't be true because if it were, SCO could do something shitty" doesn't make sense. Plenty of tech-related law gets decided in crappy ways, with bad results for almost everyone. Software patents spring to mind.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    7. Re:MIT/Berkeley license by swillden · · Score: 1

      Well, I'm just going by what I learned about contracts -- there has to be consideration, right?

      For contracts, yes, for licenses, no. Generally, a license is acquired as part of a contractual agreement, but the license itself isnot a contract.

      In this case, the GPL is a license unconditionally granted to the whole world, with no consideration required. The GPL grants you permission to do things that you would not be able to do under copyright law. It does not grant you permission to do *everything* you might like to do, though. It says you can distribute and make derivatives as long as you do it in a particular way (which includes providing the source, or a commitment to provide the source, and telling the recipient that the code is under the GPL). If you choose to do it in a different way, then you're stepping outside the bounds of the permission you were given, which means you're infringing on the author's copyrights.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    8. Re:MIT/Berkeley license by Pendersempai · · Score: 1

      "Also, there is some question as to whether or not the GPL is a contract or not. There is the possibility that someone could "take back' the license. As there is no apparent consideration (e.g. you didn't pay for the license, did you?), a court might say, OK, he took it back. There was no contract."

      There is no confusion: the GPL is not a damn contract. It SAYS SO IN THE GPL. Your exact same legal criticism (of revocability) could be made about the MIT/Berkeley license, which you seem to support, because it's not a contract either.

    9. Re:MIT/Berkeley license by Anonymous Coward · · Score: 0

      1. The GPL is not a license, it is a unilateral grant of permissions by the copyright holder to the recipient to perform acts that are by law reserved exclusively for the copyright holder. The user does not enter into any contract, she just receives permission to do something that she previously lacked permission (under copyright law) to do.

      2. The unilateral grant of permissions is a conditional grant. The permissions are granted provided certain conditions are met. If the conditions cease to be met then the permissions cease to be granted. This is what the GPL achieves. It explicitly states in the license that the permissions may be revoked ONLY IF the conditions do not obtain, for example, if the recipient of the permissions violates the terms. Otherwise the licensor (he who granted the permissions in the first place) has no way to revoke the permission, because the license does not include any way for him to do so. The worst he could do is sue for copyright infringement, at which point the defendant would produce the GPL as evidence that she has permission to exercise those copyrights. The combination of the explicit irrevokable clause and the inability of the plaintiff to produce evidence of violation of the terms of the GPL ensures that the defendant has permission and is not guilty of copyright infringement.

  54. Yes, you're confused. by Joseph_Daniel_Zukige · · Score: 1

    You know, some webapps have parts the run on the client. This basically clarifies that, while code can run on the server without being distributed, code cannot run on the client without being distributed.

    (As someone pointed out up above.)

  55. /. Headline FUD by DrSkwid · · Score: 1



    Stallman said developers may be encouraged to add a command to their GPL-licensed Web application that lets users download the source code. The inclusion of this command in modified versions of the program will then be enforced by an additional clause in GPL 3.

    THAT'S IT not "use ANY GPL3 code on your site, you must give up the source."

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:/. Headline FUD by Shano · · Score: 1

      So it isn't quite as general as the headline suggests. That still doesn't make it a good thing.

      In the trivial case where someone just removes the ability to download source code, it makes sense to prevent this. But if there are major, non-trivial modifications to the code, the company currently has the right not to distribute the changes (since it's only running on their own machines).

      The article is quite clear in saying that the modified server must continue to distribute the source for the running version, including the changes. If authors are encouraged to include this download command in the unmodified code, the result will be exactly what others have claimed: if you modify the code and run it on your own servers, you must distribute the source for the modified code.

    2. Re:/. Headline FUD by Minna+Kirai · · Score: 1
      the company currently has the right not to distribute the changes (since it's only running on their own machines).

      No, they don't. Keyword that you used is "machines", plural. If they edit the software, they naturally need to distribute the executable to all their different server machines.

      That would be copyright infringement, unless they also distribute the source code to all those machines. And that means giving the employee who installs software on those machines permission to take the modified source home with her and post it on the internet.

      They may NOT prohibit the employee from doing that, or they'd be in violation of GPL section 6:
      You may not impose any further restrictions on the recipients' exercise of the rights granted herein.


      This is actually an interesting problem the GPLv3 could clarify. Assorted FSF members (but not RMS) have at various times suggested that they believe the GPL gives companies an execption for "internal use only", when it really doesn't. The confusion arises because the GPL uses the word "distribute" (which applies to internal installation) instead of "publish" (which is only the case if some member of the public gets it).

      If the GPL really intends to allow hundreds of thousands of people to purchase modified copies of a GPLed program and not recieve the source just because the vendor spent $185 to incorporate a new company specifically to limit distribution, they should spell it out.
  56. Re:How are projects meant to move to a new license by Kjella · · Score: 1

    Both of these clauses have to be read together, in a mutually compatable way. What it amounts to is that licenses cannot impose their own further restrictions on sublicensees, but that licensees may have some choice as to which version of the GPL they themselves are bound by. (Of course the sublicensees get the same choice, since 6 prohibits restricting it down the road!)

    That last sentence is not consistant with what I've believe to be common opinion. If that was the case, "GPLv2 only" code is not compatible with "GPLv2 and higher" code because the "and higher" would have to apply to the Program as a whole, and I know they are mixed in many projects. The popular interpretation of 9 seems to be that you have the choice. "GPLv2 or higher" means you can create derivates that are any of the following: "GPLv2 or higher", "GPLv2 only", "GPLv3 or higher" or "GPLv3 only" (or 4,5,6). In fact, it would make "GPLv2 and higher" code incompatible with "GPLv3 and higher" code, since the Program as a whole could not be licensed as "GPLv2 and higher" per section 2b).

    Kjella

    --
    Live today, because you never know what tomorrow brings
  57. Surely it _can't_ be true! by Anonymous Coward · · Score: 0

    An article mentioning RMS, and only a single post mod'd funny? Incredible!

    ...Oh, wait - there'll be more funnies in the dupe later tonight ;P

  58. mod parent -5 stupid by fputs(shit,+slashdot · · Score: 0, Troll

    RTFA
    get a clue
    stop posting disinformed bullshit

    --
    I am the bastard of base minus 12! Turing was the ejaculate of my complete machine!
  59. 4. The freedom to publish modified versions. by Rick+Richardson · · Score: 2, Interesting
    4. The freedom to publish modified versions.
    versus:
    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.
    So that becomes (in GPL3):
    4. The freedom to publish some, but not all, modified versions.

    Yech!

  60. no obligation to include a link to the source url by Anonymous Coward · · Score: 0

    to use your example if Coca-Cola bring out a new dishwater flavour carbonated beverage and set up a promotional CMS which they host at www.dishwater.com then they can put whatever they like on it, but if the CMS they use included a /source URL which gave access to the source then the dishwater one must also do so, so you could go to www.dishwater.com/source if you wanted to get the source, including modifications made to the source for that particular site. There is no obligation to have the /source link navigable by mouse from the home page or links off the home page.

  61. give it a different name by idlake · · Score: 2, Informative

    I can see why such a feature might be desirable for some kinds of software. For example, you might want to ensure interoperability among different web services based on free software. And, after all, commercial software vendors apply even more onerous restrictions to web-based software, such as "per user" licensing costs.

    However, I think it would be a good idea to have two versions of the license, one with this provision and one without, and give them different names, say WGPL (Web GPL) and GPL. If the FSF only releases a revision of the GPL that includes this provision, I suspect many software authors will stick with the GPL2, and they'll be missing other clarifications and improvements in the GPL license.

  62. Not going to affect me... by grahamlee · · Score: 1

    I'll just write an online store for gopher, ???, IPO, go bankrupt!

  63. This will hurt small business by DoktorTomoe · · Score: 1

    It is aimes at Google, but it will hurt small business. As someone who has build his existence on providing web pages, this change in licence will threaten my business model, which is about providing an added value to my customers trought additions to the GPLed code that I chose not to spread, so my competitiors will not also have that added value. Till now, this was perfectly legal.



    How does this translate to documents I created using GPLed software? I have some pretty elaborated Google Indes prediction tool I'd hate to give away. Before somebody cries about those documents are not licenced under the GPL, because I have the copyright on them - what about webpages then? And what about dynamically created webpages?



    I did contribute to OSS software under the GPL in the past, and I am using Linux on all of my 11 machines. Althought I use the penguin, I will have to move to another OSS platform (BSD?) if this change to the GPL will be made. Living and working on a budget, having to care for a family, I cannot afford risking to be viable under a changed GPL that would effectively force me to share all I do to all of my competitors.

    1. Re:This will hurt small business by bitkari · · Score: 1

      Perhaps your business model may need to change?

      As with many of us that make a living using open source software, we charge for our expert services, rather than the simply the code itself.

      In open source, the information wants to be free. What is charged for is the person who knows how to use that knowledge to design, implement and support a system.

    2. Re:This will hurt small business by DoktorTomoe · · Score: 1

      I do not charge for the code, I simply choose not to distribute my personal changes and let them work for my projects. This is perfectly legal now, as use is not distribution. This use produces websites that contain more information than those of my competitors, thus giving me a better standing when it comes to getting customers. If I'd distribute those changes, tomorrow all my competitors would have them as well (my field of business operation is not that big), making my advantages obsolete, and turning to a feature-race that binds ressources that I do not have.

      Effectively, those who do not build stuff, and only adopt, will have the advantage: no work, much code for free. Cool. The ones who work for having a better standing will have bound ressources and only help their non-contributing competitors. Is this fair?

      Should GPL3 really be implementated with a rule like this, innovation into GPL3-licenced software by smaller businesses will vanish, as working on this code may endanger their existance.

      Information does not want to be free. Fact is, information does want pretty much nothing - it is not sentinent. The proposed GPL3 will not make information more free - it will only help the lazybags out there.

    3. Re:This will hurt small business by Anonymous Coward · · Score: 0

      Hey, that's all part of the plan, man. One day all programmers will be sleeping in their offices like Stallman. Business is EVIL. Even small ones. Don't you do it for the love of programming and the warm glow inside?

  64. Misunderstandings by rswail · · Score: 1

    The GPL is a licence (*not* a contract) that a copyright holder grants to you to allow you to do certain things that you normally would not be allowed to do (copy, distribute, use etc). The copyright holder also requires that if you do one of those things, distribute, you must also do a few more things (make the original and your changes to it available to others with the same grant of rights and conditions).

    What RMS said was that if you use GPLed software at a web site, then that is *use*, not *distribution*, so the requirements don't apply.

    BUT, they're considering adding a requirement to GPL3 that if you offer to distribute the source from the web site (with a "download here" button or similar), that anyone who does so *also* has to have the same (or similar) mechanism for your source *and* their changes.

    It's a no brainer. If you don't like the new rule, use GPL2, or don't make your source available *from the web site*.

    Where there may be real problems, mixing GPL2 code that does not have the "this version or later" clause with GPL3+ code. Linux, for example, does not have the "this version or later" clause, so you won't be able to use GPL3 code in Linux.

  65. Bingo, that's what really scares me by Moraelin · · Score: 1

    That's what I find scary: the whole idea that we'd have to give 100 different modules their own port through the firewalls and let them cheerfully accept connections on our server and send data from our servers.

    First of all, it would be a titanic amount of work to just review all the code and make sure it doesn't contain any back doors.

    Second, ok, let's assume the code isn't malicious. What about buffer overflows? So now each time someone finds a gappin (security) hole in, say, libgoatse, they automatically know it works on all web sites that use libgoatse. You can even automatically scan for them, if it's a standardized way to ask for the source. I can see a blaster-style worm that just scans all ip addresses and just sends a malformed "send me the libgoatse sources" request to everyone.

    I don't know, maybe I'm overreacting, but I wouldn't sleep easily at night knowing that there are some 100 modules in a dozen web apps that just talk freely to the outside world.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  66. Not bad ... but is it really good? by bfree · · Score: 1

    Another dodgy flamebait /. story ... while it does mean a website could be forced to serve source code, this is only if the original software distribution included such a feature. This doesn't seem any worse (or abusable) then the clause which basically states that a copyright message presented in the normal interactive running of the program cannot be removed (i.e. abusable but generally non-problematic in practice). The question is if either of them are really worth it as long as all other aspects of the GPL are enforced? Do they bring a real benfit without loss? KISS says these are both unneccessary complications.

    --

    Never underestimate the dark side of the Source

  67. Can of Worms by Shashvat · · Score: 3, Interesting

    Scenario 1: My company has a website, built in-house with GPLv3 tools and components. It is serving data to customers with web browsers. Is it required to make the code for its website software public?

    Scenario 2: My company has an internal software application built in-house with GPLv3 tools and components. This software generates research data. A summary of this data is made available to its customers as, say, PDF files. How is this different from scenario 1?

    Scenario 3: My company makes a business out of supplying critical stock trading services to its customers. The backend messaging servers are built on Linux, or use other GPLv3 tools. The application opens interfaces, be they proprietary, to paying customers, so that they can interact with this messaging server.
    How is this different from scenario 1?

    --
    cat /dev/null >.sig
    1. Re:Can of Worms by naich · · Score: 1
      Scenario 1: My company has a website, built in-house with GPLv3 tools and components. It is serving data to customers with web browsers. Is it required to make the code for its website software public?
      No. Unless you choose to use webapp software that has this requirement. Then, in accordance with that requirement, you have to release that software and any derivatives of that software. If you don't like that, don't use that software - either develop your own or use a webapp that doesn't have the requirement. The GPL3 does not automatically place this requirement on webapps. It just provides support for people who wish to place the requirement on their software.
    2. Re:Can of Worms by ravee · · Score: 1

      The fact of the matter is that
      Is it enforcable? I take a simple example. Today, I got an email from a guy who asked me permission for using the articles I wrote for my website. I promptly replied that I have published it with Creative Commons licence and if he is using it to please insert a link back to my website.

      Now how am I going to enforce this requirement ? I can't go to his place and snoop around can I? And suppose I do catch him red handed, what can I do at the most (as an individual)? I could again send him an email reminding him of the licence and request him not to misuse it. Here I have to rely on his sense of fairplay. Similarly, what is keeping anybody from using a GPLed code in their propritery software and keeping quite about the same ? On this note alone, I think that GPL cannot be enforced. But I fancy GPL because it has strong social undertones and teaches people to share with others.

      --
      Linux Help
      for all things on Linux
  68. loophole? by glwtta · · Score: 2, Insightful
    That's not a loophole, that's just plain insane.

    Though the rule covers many businesses that use GPL-licensed software for commercial ends

    Well no, it absolutely does not. The GPL covers distribution not use, if it covered use, no one would be able to use GPLed software in a commercial setting.

    Closing this "loophole" would amount to drastically changing the philosophy behind the GPL.

    Though I do vaguely remember reading something about the new rule being an edge case that covers rather rare circumstances, and not a reinvention of the GPL.

    Seirously, taken literally this says that if I run a webapp on a GPLed server or even a GPLed OS, I have to release the source code. Yeah, that would fly.

    --
    sic transit gloria mundi
  69. Authors - PLEASE DON'T!!!! by heretic108 · · Score: 1

    For many years, I've been a staunch supporter of the [L]GPL, as a playing-field leveller in the world of software.

    However, I've taken advantage of the right to use GPL code in delivering web services, or other services across other client/server connections.

    If this new principle comes in, we'll see the GPL hopping across server-client boundaries, just as bird flu is presently threatening to jump the species barrier and create a human pandemic.

    I urge all software authors to think very carefully before adopting GPLv3, especially if your software is likely to be used in a server framework.

    Unless I've misunderstood the concept, this new provision, if implemented (say) in MySQL, would require a website to disclose all its source code to anyone who can access it.

    I wonder if it would be legal to stick up a website EULA, and require visitors to click onto it, and have provisions in this EULA whereby site visitors waive all GPLv3-specific claims before they are allowed to access the main site content.

    Authors - if you really want to truncate your potential userbase, revoke your [L]GPLv2 licenses and switch to v3.

    --
    -- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
    1. Re:Authors - PLEASE DON'T!!!! by verbatim · · Score: 1

      "Unless I've misunderstood the concept, this new provision, if implemented (say) in MySQL, would require a website to disclose all its source code to anyone who can access it"

      From the article (emphasis mine):

      Stallman said developers may be encouraged to add a command to their GPL-licensed Web application that lets users download the source code. The inclusion of this command in modified versions of the program will then be enforced by an additional clause in GPL 3.

      "We're looking at an approach where programs used (on a public server) will have to include a command for the user to download the source for the version that is running," Stallman said. "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."

      For example, look at the website for PHP and, specifically, the bottom. There is a link that shows me the source for that page (and further links to an index of the whole source). Let's assume that, for the moment, that the code that's behind their website is offered under the GPL. If so, I could, under GPLv2, copy that code, create my own website with it, make modifications as I see fit, and remove the link to download source.

      The proposal, for GPLv3, is that if you make a program with a web interface and include a link to the current code behind that page, then anyone who takes the code must leave that link intact. Since MySQL doesn't have a web-based interface, moving it to the GPLv3 would not force websites that use MySQL to release any code - even if they modify MySQL directly for their use. It would, however, mean that if PHPMyAdmin went to GPLv3 and added a link to the source of the current version, users wouldn't be allowed to remove it. And, if they make any modifications, those changes would be included in that link.

      Speaking of PHPMyAdmin brought an important consideration to bear: passwords. Often, especially in PHP based scripts, the username/password to the database and other resources is kept in clear text in a php file. Would redacting sensetive information, such as passwords, from any source download link violate the GPLv3? I hope not, and I don't think so (because such redactions wouldn't inhibit the otherwise normal operation of the software).

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
  70. Close another loophole? by Minna+Kirai · · Score: 2, Informative

    The existing GPLv2 contains a different loophole. In reading about GPLv3 planes, I haven't yet seen any effort by the FSF to close it, but I wonder if anyone else has more info.

    The exploit is this:
    When you modify and distribute a GPL program, you must provide the recipient the source code, in one of three ways. Either you give an "offer" to supply the code anytime in the next 3 years, or you let her download it from the same system as the binary, or you ship the source along with the binary.

    That 3rd choice provides the loophole, although it requires two cooperating people to abuse it. PersonA hires PersonB to modify the program, and give him 100s or 1000s of matched discs of binaries and source. PersonA then takes out all the source discs and grinds them into powder, and then sells the binary-only discs to customers.

    He's allowed to do this because of "first sale" rights, which state that someone who legally recieved a copyrighted work can redistribute it, even in damaged or partial form. The customers are buying a modified GPL program, but they didn't get the source included, nor did they get an offer to request the source later.

    Note 1: To keep the loophole working, PersonA can never duplicate binary discs himself to sell. That would be copyright infringment. He must always buy new pairs of discs from PersonB, and keep on trashing the source code- although rewritable media will make it more affordable)

    Note 2: PersonA must trust PersonB, because PersonB is allowed to give out GPL copies to 3rd parties if he chooses. There is no way PersonA can prevent this, except by enticement of future profitable sales.

    1. Re:Close another loophole? by halleluja · · Score: 0, Offtopic
      That 3rd choice provides the loophole, although it requires two cooperating people to abuse it. PersonA hires PersonB to modify the program, and give him 100s or 1000s of matched discs of binaries and source. PersonA then takes out all the source discs and grinds them into powder, and then sells the binary-only discs to customers.
      This exploit will be solved once Vista is out.
    2. Re:Close another loophole? by anthony_dipierro · · Score: 1

      How come you got modded informative but every time I say this I get moderated a troll? Note that "Person A" and "Person B" could be corporations, possibly even corporations owned by the same person.

      The other thing is, this only allows you to get away with not distributing the source. The software would still be free as in beer, sort of. The author of the derivative did not have permission to prepare the derivative, so the modifications are not subject to copyright. However, the original program is still subject to copyright, so someone copying and distributing the modified version couldn't be sued by Person A or Person B, but could be sued by the original author(s).

      PersonA must trust PersonB, because PersonB is allowed to give out GPL copies to 3rd parties if he chooses. There is no way PersonA can prevent this, except by enticement of future profitable sales.

      Since it's only an offer, it can easily be prevented, by grinding the source code into powder. Now you could argue that Person B can then go ahead and sue Person A for damages, but this would be a tough lawsuit to win. If Person A is a corporation, and has already distributed its profits, a lawsuit might not even make any sense.

    3. Re:Close another loophole? by Minna+Kirai · · Score: 1

      How come you got modded informative but every time I say this I get moderated a troll?

      Yes, "informative" is really off-base here. I am asking a question; that means I am seeking information, not providing any.

      The software would still be free as in beer, sort of.

      Yes, the binaries are distributable, although I was imagining a scenario of embedded hardware-vendors, where end-user extraction of binaries is difficult and of little utility. (Especially difficult if a Trusted-style untamperable chip is used). For situations like a TiVo or Sony PSP, minor modifications to the source code could be very useful, but sharing unaltered binaries has no value.

      Since it's only an offer, it can easily be prevented, by grinding the source code into powder.

      Yes, prehaps PersonA could hire PersonB to eliminate all his copies of the source code. But that would dangerously undermine any future bugfixes or other needed changes. (Or it might even undermine PersonB's legal authorization to sell disc-packs at all, although the response of the GPL to totally destroyed source code is untested).

      But, I suppose GPL part 6 only works in one direction, so PersonA could contractually bind PersonB not to give the code to anyone else, so long as PersonA was careful to never distribute the code back to B.

    4. Re:Close another loophole? by Sigma+7 · · Score: 1
      PersonA hires PersonB to modify the program


      Which instantly means that PersonB is working on behalf of PersonA. As the other poster just mentioned, corporate shell games are not appreciated by the court systems.

      BTW, it's better to cite the law directly rather than use a wikipedia link.

      PersonA then takes out all the source discs and grinds them into powder, and then sells the binary-only discs to customers.


      PersonA is now knowingly distributing a defective product - it is missing a component critical to distribution (the source code). This is no different than unbundling the individual floppy disks in a copy of Dos 6.22 - while it may appear to be functional, it is still an incomplete product and therefore defective.

      There are not many people that are willing to purchase defective or incomplete products - these are an exception rather than the rule. Whether it is misrepresentation, a copyright violation, or a combination thereof, there's still a problem - even if it isn't illegal, it's an excellent way to get a bad reputation for your company.

    5. Re:Close another loophole? by Minna+Kirai · · Score: 1

      As the other poster just mentioned

      Odd, I don't see that one.

      corporate shell games are not appreciated by the court systems.

      Prehaps the courts don't enjoy it, but those games WORK. There's a reason we have "shell corporation" as a standard piece of business jargon: because they often stand up in court.

      In general, if a person is allowed to do something of his own initiative, he's also allowed to do it when hired by someone else. (Of course there are thousands of laws barring specific acts from being performed for profit, notably sex, but I'm not aware of any that would apply in this GPL-redistribution case)

      BTW, it's better to cite the law directly rather than use a wikipedia link.

      Someone capable of comprehending legalese probably already knows what "first sale doctrine" is, or can find the Copyright Act on her own. Conversely, people not able to locate CA 109 will find Wikipedia's informal description easier to understand.

      There are not many people that are willing to purchase defective or incomplete products - these are an exception rather than the rule.

      The majority of computer software/hardware purchasers are accustomed to recieving binaries with no attached source code. (Indeed, they will probably be surprised and confused if source code is included). I can hardly anticipate a spontanteous consumer boycott of a DVD player which includes a Linux kernel, but not the patches to make it run on that specific hardware.

      This is no different than unbundling the individual floppy disks in a copy of Dos 6.22

      Well, no, but I would agree that DOS 6.22 was defective because the source wasn't included, although it seemed to do alright in the marketplace regardless.

  71. Two things: by Anonymous Coward · · Score: 0

    1) According to the [seemingly] more-informed posters, this isn't such a bad thing.
    2) I just release most of my stuff into the public domain, anyway, and let the world do with it what it will. Make money, lose money, hack, whatever, I don't really care.

  72. Postfix is NOT gpl -- IBM Public License by 0x000000 · · Score: 1

    Postfix is not GPL at all. It is the IBM Public License, it has never been GPL either.

    Now here is the license for the IBM public license, included with Postfix: ftp://mirrors.loonybin.net/pub/postfix/LICENSE.

    In this case you may modify Postfix as you please without having to hand over the code (IANAL, the document is written for lawyers, and it is extremely lengthy).

    --
    cat /dev/null > .signature
    1. Re:Postfix is NOT gpl -- IBM Public License by misleb · · Score: 1

      Well, it was just an example. Replace "Postfix" with your favorite backend software.

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
  73. Keyword: *may* ... by kosmosik · · Score: 1

    It is important to understand that GPL3 *may* (does not have to) provide means for such licensing. But you (as the developer who releases software under license) *may* use this option or not. Perfectly OK to me. In fact as a developer and copyright owner you can release your software under any license - if it follows common law it is perfectly valid license. F.e. I can license my software that you can use it only wearing bunny suits. ;) And this will be perfectly legal.

    So in fact this is not a case. You are not forced to use GPL3 (you can stay with GPL2 f.e.), you are not forced to imply such web-schemes licensing and so on. It just gives more choice (of predefined licenses - since always you can write your own). Choice is IMHO a Good Thing.

  74. What is the difference ? by ravee · · Score: 1

    I have never understood the difference between different versions of GPL. Now we have GPL ver 1, ver 2 , ver 3. Not to speak of LGPL.

    What the heck? Can't we stick with a single version? And does it matter so much?

    Even RMS has stated in an interview that it is really difficult to monitor the misuse of GPL. So how will having 3 different versions of it help ? It will only muddy the water more. I suspect a lot of these corporations are sneeking in GPLed code to create closed source propritery softwares.

    --
    Linux Help
    for all things on Linux
  75. Only if the original author provides such... by rdean400 · · Score: 1

    If you read the article, you will see that RMS is quite clear about the circumstances under which this rule would apply. If the original software has a "download source for the currently running version" button, websites based on modified versions will be required to maintain this functionality.

  76. Aha, but can you... by xiphoris · · Score: 1

    Modify the application such that the "download source" feature is still completely functional but merely gives you the pre-modified, original source? :o)

    I'm going to hell.

  77. More complicated by Tune · · Score: 1

    The (current) GPL actually has a phrase about future versions of the GPL. It comes down to this: you may choose to stick with the old version (GPL2) as long as you like, but you can't fall back to an older version (GPL1) than the one used for the code you have changed.

    In other words: the problem would not be that companies like Google have to cease using their current linux codebase & modifications, but it does mean they loose support for projects that choose to upgrade to GPL3.

    So the question is: will all projects upgrade to GPL3 (likely, eventually) and - if so - will companies like google have enough momentum to do all maintenance on GPL2 legacy *without* support from the FOSS movement?

    Will they just cheat, and how long will it take for FOSS people to find out and take action? Or will they simply release all changes they made and try to sift proprietry stuff from FOSS and play "nice" on that only?

    --
    And remember: Nothing is illegal if one hundred businessmen decide to do it -- Andrew Young

    1. Re:More complicated by kosmosik · · Score: 1

      > The (current) GPL actually has a phrase about future versions of the GPL. It comes down to this: you may choose
      > to stick with the old version (GPL2) as long as you like, but you can't fall back to an older version (GPL1)
      > than the one used for the code you have changed.

      Yes I know - that is exactly what I have related to in my previous post.

      > In other words: the problem would not be that companies like Google have to cease using their current linux
      > codebase & modifications, but it does mean they loose support for projects that choose to upgrade to GPL3.

      So what? If I *own* the code I can license it whatever I like. That is perfectly normal.

      > So the question is: will all projects upgrade to GPL3 (likely, eventually) and - if so - will companies like
      > google have enough momentum to do all maintenance on GPL2 legacy *without* support from the FOSS movement?

      Even if they do they do not need to adres this web-scheme - as I've had written - this will be as an *option*. You can use it or not. Look - if you are owner of code, you can license it whatever you like - this is normal thing. :) If you wish to specify such requirements that if Google uses your code it needs to give you source it is fine. You can do this.

    2. Re:More complicated by maxwell+demon · · Score: 1

      The upgrade clause is not part of the GPL2, but has to be stated explicitly in the copyright statement (the typical phrase "or, at your option, any later version ..."). If the code is not "upgradably licensed" (which e.g. the Linux kernel is AFAIK not), then the only way to change the license to GPL3 is if all copyright owners agree (which is easy on projects where copyright is assigned to some project holder, like the FSF for GNU project software [but then, GNU software has the "upgrade clause" anyway] or for software where there are few contributors [for self-written small software, possibly just one], but for others it's a hard thing to do, although not necessarily impossible, as the Mozilla license change shows).

      --
      The Tao of math: The numbers you can count are not the real numbers.
    3. Re:More complicated by nysus · · Score: 1
      Here's what it says: The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

      Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

      Seems to me you can just keep you software GPL2 if you wish.

      --

      ---Technology will liberate us if it doesn't enslave us first.

  78. Private modifications... by hummassa · · Score: 4, Informative
    No, the GPL never said that [the existing GPL said that if the derivative code stayed in-house, then you didn't have to release your changes]. Many, many people have said so, including some FSF personnel, but the GPL text itself says nothing of the kind. (in fact, it implies the opposite for most circumstances). If you think otherwise, go ahead and paste where the GPL says this.
    You couldn't be more wrong:
    (GPLv2 clause 2) [first]You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program[/first], [second]and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
    a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
    b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
    c) 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.)[/second]

    There are two grants in this clause:

    1. [marked with first] the unconditional grant to make derivative works;

    2. [marked with second] the conditional grant to distribute derivative works.

    This means you may modify a GPL'd program and keep your changes to you. If the licensee is a 3000-employee enterprise, the IT team is not obligated to distribute the changes to each employee as long as each employee is not permitted to take the software home (ie, if the firm is not distributing/licensing its changes to the employees).

    Got it? IANAL & TINLA, but I am a paralegal.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:Private modifications... by Minna+Kirai · · Score: 1

      Got it? IANAL & TINLA, but I am a paralegal.

      No, you haven't explained anything (you also paste much much too much irrelevant text; the ellipsis can be your friend!). Please try again- and especially, tell what you think "distribution" means, and why use by one corporation doesn't count.

      Please note that if Wal-Mart buys 500,000 blue aprons and sends a carton to each store, they have technically "distributed" that material even if they haven't transferred ownership. In the English language, "distribution" applies as long as you are moving things around, even within a single organization.

      If the licensee is a 3000-employee enterprise, the IT team is not obligated to distribute the changes to each employee as long as each employee is not permitted to take the software home (ie, if the firm is not distributing/licensing its changes to the employees).

      What is your standard for decide this isn't "distribution"? Merely the fact that the recipients of the modified binaries haven't been given permission to take them elsewhere? That interpretation would render GPL-compliance wholely voluntary.

      If that's the case, then exactly what stops me from modifying a GPL program like Mozilla and selling binary-only copies to random strangers?

      If the licensee is a 3000-employee enterprise

      Which is never the case. If a 3000-person enterprise walks into Fry's an buys a single copy of Microsoft Windows XP Professional, is "he" is really allowed to install it on 3000 PCs for "personal" use?

    2. Re:Private modifications... by black+mariah · · Score: 0

      Look retard, the FSF has stated time and time again that 'distribution' under the wording of the GPL does not refer to internal distribution within an organization. If you can't wrap your brain around that simple fucking fact, then shut the fuck up about the GPL.

      English means absolutely nothing as far as contracts are concerned. Words take on much different meanings. If you're unaware of this fact, then you really shouldn't be spouting off about contracts. Shut the fuck up.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    3. Re:Private modifications... by TERdON · · Score: 1

      Which is never the case. If a 3000-person enterprise walks into Fry's an buys a single copy of Microsoft Windows XP Professional, is "he" is really allowed to install it on 3000 PCs for "personal" use?

      But the license for Windows XP specifically limits the number of PCs you can use it on! The enterprise still is the license holder, but the license doesn't grant them right to such a widescale installation base. There are other kinds of software licenses though, that doesn't have that restriction. Even non-GPL ones...

      I'm not a native speaker, but I suppose in this case "distribute" in legalspeak is meant as "distribute to some one outside the license holder".

      --
      I have a really elegant proof for Fermat's last theorem. If this sig was only a bit longer...
    4. Re:Private modifications... by Minna+Kirai · · Score: 0, Troll

      But the license for Windows XP specifically limits the number of PCs you can use it on!

      Well, no. Copyright law restricts you to running it on one PC, unless some other license relaxes that limitation. A license can only give you more rights, not take them away. If the Windows XP license had been forgotten from a particular box, I'd still be able to use it on one and only one PC.

      I'm not a native speaker, but I suppose in this case "distribute" in legalspeak is meant as "distribute to some one outside the license holder"

      If so, then the GPL has a giant loophole. I can put GPL code in proprietary software and then rent it out to customers for 200 year periods, and claim "Since they've got to give the programs back in 200 years, it's still corporate property and I haven't distributed anything"

    5. Re:Private modifications... by Anonymous Coward · · Score: 1, Informative
      Please try again- and especially, tell what you think "distribution" means, and why use by one corporation doesn't count. From page 195 of the copyright law:
      (6) "Distribute" means to sell, lease, or assign a product to consumers in the United States, or to sell, lease, or assign a product in the United States for ul- timate transfer to consumers in the United States.
      Please note that if Wal-Mart buys 500,000 blue aprons and sends a carton to each store, they have technically "distributed" that material even if they haven't transferred ownership. In the English language, "distribution" applies as long as you are moving things around, even within a single organization.

      That sort of distributing is outside the scope of copyright law and licenses because it does not meet the legal requirements for distribution. Giving 500,000 legally produced copyies of a piece of software to 500,000 employees is legal and requires no license.

      What is your standard for decide this isn't "distribution"? Merely the fact that the recipients of the modified binaries haven't been given permission to take them elsewhere? That interpretation would render GPL-compliance wholely voluntary.

      They aren't consumers because they haven't been given ownership of the copy.

      If that's the case, then exactly what stops me from modifying a GPL program like Mozilla and selling binary-only copies to random strangers? They are consumers therefore that act would qualify as distribution and be regulated by the gpl. If the licensee is a 3000-employee enterprise Which is never the case. If a 3000-person enterprise walks into Fry's an buys a single copy of Microsoft Windows XP Professional, is "he" is really allowed to install it on 3000 PCs for "personal" use?

      Even if the license is only for one seat, the licensee is still the corporation, not the employee that uses that particular computer. In the case of GPLed software, the corporation is allowed to make a copy for use on any computer they own. This is similar to a site license of Windows XP.

    6. Re:Private modifications... by Minna+Kirai · · Score: 0, Troll

      Look retard, the FSF has stated time and time again that 'distribution' under the wording of the GPL does not refer to internal distribution within an organization.

      One little FAQ entry is not "time and time again". What the FSF keeps repeating is "You are not obligated to publish", which is separate from "You may prohibit redistribution".

      But if they did say that, then they are allowing any commercial publisher free reign to paste GPL code into their proprietary products. All they've got to do is glue on a sticker saying "When you buy this disc, you get free membership into the Microsoft KDE club. Then the software will be given to you for internal use as part of our organization"

    7. Re:Private modifications... by Minna+Kirai · · Score: 1

      AC: "Distribute" means to sell, lease, or assign a product to consumers in the United States, or to sell, lease, or assign a product

      Yes, that is a definition of "distribute", good job finding that. Using that definition, the GPL is entirely voluntary. Any programmer can request money to pass out copies of modified GPL code simply by declaring "I am not distributing this program to you, even though I am placing these CD-ROMs into your hands, because I am retaining ownership of them. Not only will you not get the source code, but also I can demand back the binaries at any future time."

      That would be excellent! I can't wait for that to happen.

    8. Re:Private modifications... by TERdON · · Score: 1

      Well, no. Copyright law restricts you to running it on one PC, unless some other license relaxes that limitation. A license can only give you more rights, not take them away. If the Windows XP license had been forgotten from a particular box, I'd still be able to use it on one and only one PC.

      You're right. The GPL however, grants you the right to install your software on many computers. As many as you want, actually, as long as they belong to you, and others too (but under some restrictions)

      If so, then the GPL has a giant loophole. I can put GPL code in proprietary software and then rent it out to customers for 200 year periods, and claim "Since they've got to give the programs back in 200 years, it's still corporate property and I haven't distributed anything"

      Uhm, that would be distributing, at least I think. Distributing != sell. However, if they outsourced running the computer system to you, you would probably be able to do the same (the software would only be installed on your computers, but the computers would be in fact used by the company). So you're still right that "distribute" perhaps should be more clearly defined, which I would agree on.

      --
      I have a really elegant proof for Fermat's last theorem. If this sig was only a bit longer...
    9. Re:Private modifications... by Anonymous Coward · · Score: 0

      "because I am retaining ownership of them"

      Sounds like a lease to me...

    10. Re:Private modifications... by budgenator · · Score: 1

      stops me from modifying a GPL program like Mozilla and selling binary-only copies to random strangers?
      forgetting for the moments that mozilla isn't GPL'ed but rather under the Mozilla Public Liciense. That's what the GPL actualy does you can do anything you want with the binaries, sell, give away for free, turn them into smoke to blow up someones ass, literaly anything; well anything as long as you don't prohibit the people you sell the binaries to from doing the same as you can do and you provide the source code to all of the people you've distributed to at no cost and for resonabvle copying fees.

      Developers don't get any special privaliges like automaticaly getting your modifications, just the people who you distribute to do. Changes are sent to developers as a courtesy not as a curtesy, and to insure that the changes are available to persons who have your sources while not restricting those who don't.

      The more I think about this proposed GPL3 the more I think that it is a violation of GPL 1-2, I for one don't plan to use it, and anything I publish will be GPL 2 period not GPL 2 or later.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    11. Re:Private modifications... by markov_chain · · Score: 1

      (GPLv2 clause 2)

      [first]You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program[/first],

      [second]and copy and distribute such modifications or work under the terms of Section 1 above,

      provided that you also meet all of these conditions:


      My question: does the "provided" apply just to [second] or to both [first] and [second] ? Who wrote this, the Oracle at Delphi? :)

      --
      Tsunami -- You can't bring a good wave down!
    12. Re:Private modifications... by black+mariah · · Score: 0

      I must say, you're a very creative troll.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    13. Re:Private modifications... by sirambrose · · Score: 1

      The GPL doesn't need to use that definition, but it doesn't provide one of its own. The gpl is authorizing the user to distribute a copyrighted work. The user needs this permission because the copyright law forbids distribution. The kind of distribution that the license premits is logically the same kind that copyright law reserves for the author. A court of law would use the definition from the law. Is that simple enough for you? I don't know why I registered just to have this conversation with you.

    14. Re:Private modifications... by Minna+Kirai · · Score: 1

      http://slashdot.org/comments.pl?sid=163860&cid=136 83050

      I just wish my other GPL loophole topic had gotten 20% as many replies.

    15. Re:Private modifications... by Minna+Kirai · · Score: 1

      The kind of distribution that the license premits is logically the same kind that copyright law reserves for the author.

      It is not logical for a license to use a definition that renders the entire philosophical goal of the license meaningless. But using distribution to mean "sell, lease, or assign" would enable any proprietary developer to stick GPL code into her own program, so long as they don't later "sell" or "assign" it to 3rd parties.

      And coincidentally, many proprietary vendors already claim that they don't sell software, but instead sell "licenses to software".

      I don't know why I registered just to have this conversation with you.

      I'm hoping that you really registered to respond to my other post here. Come on, give it a try, it'll be much more fun!

    16. Re:Private modifications... by anthony_dipierro · · Score: 1

      My question: does the "provided" apply just to [second] or to both [first] and [second] ?

      I've always assumed it was the latter. After all, copyright law doesn't restrict the ability to distribute derivative works, except in that distribution of a derivative constitutes distribution of the original Copyright law does restrict the ability to prepare derivative works.

      The way it was explained to me is this. Section 2 says that you may "copy and distribute such modifications or work under the terms of Section 1 above". Section 1 in turn says that you may "copy and distribute verbatim copies of the Program's source code as you receive it". The key there I suppose is that it says "source code". According to the intent of the license, section 2 was supposed to only apply to source code. Section 3, finally, allows you to copies of the program, with modifications made, in binary form: "You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also...Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange..."

      Section 2 would then allow you to make modifications for internal use, provided that you "cause the modified files to carry prominent notices stating that you changed the files and the date of any change." Now, the fact of the matter is that most people don't bother with this, but the copyright holder is never going to find out and it's probably fair use anyway.

      The GPL is a seriously twisted license. I don't think there's anyone who really understands it.

    17. Re:Private modifications... by UnrepentantHarlequin · · Score: 1

      ...or to sell, lease, or assign a product

      You just shot your own argument through the head. Your example of ...declaring "I am not distributing this program to you, even though I am placing these CD-ROMs into your hands, because I am retaining ownership of them. Not only will you not get the source code, but also I can demand back the binaries at any future time." is as good an example of a lease as I've seen lately.

    18. Re:Private modifications... by Minna+Kirai · · Score: 1

      but also I can demand back the binaries at any future time." is as good an example of a lease as I've seen lately.

      Really? Then you should study more about what a "lease" actually is.

      By definition, a lease is a transfer for a specified, limited time. An open-ended "someday maybe" duration is not a lease. I wrote "any future time" precisely so that it wouldn't be a real lease. In a real lease, the company is legally barred from demanding an early return, even if they refund the use fee.

      That weaseling isn't something I came up with on my own. The lawyers of the business world are actually well-experienced at creating lease-like arrangements without technically engaging in a "lease". That has been particularly popular amoung Islamic real-estate buyers, because their religion forbids all leasing.

    19. Re:Private modifications... by UnrepentantHarlequin · · Score: 1

      That has been particularly popular amoung Islamic real-estate buyers, because their religion forbids all leasing.

      And once again, you're talking out of your ass.

      An example.

  79. Re:How are projects meant to move to a new license by Anonymous Coward · · Score: 0

    It doesn't make an exception for itself. Say FooBar is distrubted under GPLv2 and higher. I can follow either GPLv2 or any later version of the GPL but I have to redistrubute as "GPLv2 or higher" - as redistrubuting under GPLv3 imposes additional restrictions.

    The only way round this is if GPLv3 has a specific clause to say I can use redistrubute under GPLv3 only

  80. Correction: Yes and No by dzfoo · · Score: 1

    You are right in that the GPL does not expressly say "If you do not distribute the software, you do not have to distribute the source", but it certainly *implies* this notion, which is why I presume that even the FSF people have said this. Below are a few sections from the GPL license itself (copied verbatim from the www.gnu.org site):

    DISCLAIMER: I am not a lawyer, but I have a fair grasp of the English language and can extract meaning and intent from written documents (most of the time).

    http://www.gnu.org/licenses/gpl.html

    {SECTION 2: The section that applies to modifying the source.}

    ====
    2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

    a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

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

    c) 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.)
    ====

    Notice that it says "and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions". By including "and distribute" in that clause, the license is specifying that those particular conditions *must* be met when *all* the actions of causality are in place. Thus, for those conditions to apply you must "modify your copy or copies" AND "copy" AND "distribute".

    Moreover, further down in Section 2 it states:

    ====
    Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
    ====

    It does more than imply -- it expressly states -- that the intent of this section is to "exercise the right to control the distribution of derivative or collective works", and not its access or modification.

    All other sections of the license stipulate conditions on copying, distributing, or redistributing the original work or its derivatives, and do not directly deal with modifications as in Section 2.

    Consider also that the notion of not having to distribute the source to modified versions used in-house without distribution is expressly stated in the GPL FAQ:

    http://www.gnu.org/licenses/gpl-faq.html#GPLRequir eSourcePostedPublic

    ====
    Does the GPL require that source code of modified versions be posted to the public?

    The GPL does not require you to release your modified version. You are free to make modifications and use them privately, without ever releasing them. This applies to organizations (including companies), too; an organization can make a modified version and use it internally without ever releasing it outside the organization.

    But if you release

    --
    Carol vs. Ghost
    ...Can you save Christmas?
    1. Re:Correction: Yes and No by Minna+Kirai · · Score: 1

      You are right in that the GPL does not expressly say "If you do not distribute the software, you do not have to distribute the source",

      The answer to that is obvious, and is not what's being asked. The question here is "If you DO distribute the software, do you have a right to prohibit further redistribution?". And as GPL part 6 says pretty clearly, you cannot place additional restrictions after an authorized distribution.

      http://www.gnu.org/licenses/gpl-faq.html#GPLRequir eSourcePostedPublic

      Look hard at the description of that FAQ item: "Require Source Posted Public". The question it's answering is whether internal use obligates you to publish it to the world (it doesn't), which is separate from whether internal use obligates you to allow your employees to publish it under their own initiative (it does).

      This applies to organizations (including companies), too; an organization can make a modified version and use it internally without ever releasing it outside the organization.

      Again, this doesn't answer the question. Certainly, if a few programmers modify some GPL code, their corporation isn't forced to create a website publishing that code to far and wide. But I argue they must permit that publication by their employees.

      Situation A: My boss instructs me to edit Windows XP and hand it out to 10 co-workers. "Sorry boss, that would be copyright infringement. Get a specific contract with Bill Gates and we can do this"

      Situation B: My boss instructs me to edit KDE and put it on 10 other computers. "Ok boss, that is legal according to the GPL, although me and anyone else with access to those files will be allowed to pass out further copies to whoever they want, and if you try to stop them we're back to copyright-infringement again"

      Again, see how it is reiterated that unpublished or non-distributed modified derivative works are not required to release the source code of the modifications.

      And once more, that's not the question.

      Note that if my viewpoint is not accepted, then the GPL has been destroyed. Any other interpretations create a loophole the size of an aircraft-carrier. Want to put GPLed code into your proprietary software? Just declare that all customers are joining an "organization" when they place their order. (Such as incorporating a shell-company to for $200 in New Jersey). Then, go ahead and sell millions of copies of "Microsoft KDE", and deny customers their rights to source code because "you joined the organization, so this is all internal use".

    2. Re:Correction: Yes and No by eraserewind · · Score: 1

      Situation A is correct. You cannot copy XP to more than one of your computers without a license to do so.

      Situation B is incorrect, because the GPL explicitly allows you to circumvent copyright law for yourself (the corporation). You can put it on as many of your own computers as you like, but only courtesy of this specific clause in the GPL. When you distribute it to someone else (e.g. a customer) the rest of the GPL applies, but you are not distributing it to the employees just as you were not distributing XP to them.

    3. Re:Correction: Yes and No by Minna+Kirai · · Score: 1

      because the GPL explicitly allows you to circumvent copyright law for yourself (the corporation).

      If and only if you follow certain requirements, including giving permission for anyone getting access to those other copies (including 3rd parties) authority to request the source code.

      You can put it on as many of your own computers as you like

      The GPL never says that.

      When you distribute it to someone else (e.g. a customer)

      That's not what the GPL says. It only uses the word "distribute", it doesn't require that the distribution go to someone else.

    4. Re:Correction: Yes and No by dzfoo · · Score: 1

      >>"Again, this doesn't answer the question. Certainly, if a few programmers modify some GPL code, their corporation isn't forced to create a website publishing that code to far and wide. But I argue they must permit that publication by their employees."

      I disagree. The employees are under contract with the company, and so, their work is owned by the company (or so it is in most corporate environments I know). The modifications performed by the employees on behest of the company do not belong to them, but to the company itself. Your point would be accurate if in fact the internal use of the modified software implied a "distribution" to the employees, and therefore "distribution to the public" -- but this is stretching the definition of "distribution" a bit too far. In my opinion -- and I believe this is the spirit of the GPL in this case -- internal use by employees of the company does *NOT* denote distribution.

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    5. Re:Correction: Yes and No by Minna+Kirai · · Score: 1

      Your point would be accurate if in fact the internal use of the modified software implied a "distribution" to the employees,

      Once upon a time, my boss told me "Minna, I want you to type up this month's soup menu and distribute it to all your co-workers". So naturally I told him, "Sorry sir! I'd like to do it, but there is no way I can distribute a data file to employees of the same corporation. That's just theoretically impossible. It is inconsistent by definition."

      So, he fired me, and since I was no longer an employee, I then was successful in distributing that menu. It was a really clever workaround my boss came up with, although I'm still waiting for the part where he hires me back...

      but this is stretching the definition of "distribution" a bit too far.

      Once again, I'd enjoy reading any definition of distribution that enables non-trivial "in house" use to an organization, without also enabling Microsoft to essentially sell proprietary forks of GPL code.

    6. Re:Correction: Yes and No by dzfoo · · Score: 1

      >>"The answer to that is obvious, and is not what's being asked. The question here is "If you DO distribute the software, do you have a right to prohibit further redistribution?". And as GPL part 6 says pretty clearly, you cannot place additional restrictions after an authorized distribution."

      My reply was to your following comment:

      >>"The existing GPL said that if the derivative code stayed in-house, then you didn't have to release your changes."

      "No, the GPL never said that. Many, many people have said so, including some FSF personnel, but the GPL text itself says nothing of the kind. (in fact, it implies the opposite for most circumstances). If you think otherwise, go ahead and paste where the GPL says this."

      I thought otherwise, and I went ahead and pasted where the GPL said this. I'm not prepared to argue at this moment whether this constitutes a loophole in the GPL or whether the GPL inherently contains other loopholes pertaining distribution, as I admit I do not have enough knowledge of this particular subject. But that specific comment from you struck me as inaccurate and that is why I replied.

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    7. Re:Correction: Yes and No by Angostura · · Score: 1

      I started reading this thread as a skeptic, but you know what? You've made me change my mind, I think you do have an interesting point here.

      Of course, we may have to wait for an employee to be taken to court to get the final answer.

      I'm just trying to work out if a clause in an employment contract saying 'You may not distribute software developed internally outside of the company without express permission' would hold water or would be compatible with the GPL.

    8. Re:Correction: Yes and No by eraserewind · · Score: 1
      If and only if you follow certain requirements, including giving permission for anyone getting access to those other copies (including 3rd parties) authority to request the source code.

      Not anybody getting access. Anybody you "copy and distribute" the software to, and so on to third parties.
      That's not what the GPL says. It only uses the word "distribute", it doesn't require that the distribution go to someone else.

      Well, apart form the fact that it's not distribution unless someone gets it, the GPL does not only say "distribute". It mentions recipients in this regard. See below:

      For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.


      The only vague part that I can see is this special case of one type of program:

      c) 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.

      Do Employees count as users? It's debatable, but I don't think so. They are there in their capacity as part of the company. It is the company that is the user.
    9. Re:Correction: Yes and No by Anonymous Coward · · Score: 0

      But that specific comment from you struck me as inaccurate and that is why I replied.

      You seem to have interpreted "release" as "actively publish", but it really means "free from confinement", as in "cease prohibiting publication". (Compare against uses of "release" in other contexts, like "Release the hounds!").

      A company which makes substantial internal use of modified GPL code, including distributing it to multiple servers, must passively "release" that code in the sense of not trying to prevent publication, even though it doesn't need to "publish" it actively.

    10. Re:Correction: Yes and No by dzfoo · · Score: 1

      You are correct, I have interpreted "release" as "actively publish". But I am not alone in this interpretation. Notice that the word "release" does not appear in the sections of the GPL that I quoted in my reply, but on the answer taken from the GPL FAQ.

      In the sentence "But if you release the modified version to the public in some way", the use of "release" there implies "actively publish", not "free from confinement".

      Also, the sentence "an organization can make a modified version and use it internally without ever releasing it outside the organization", the term "releasing it outside the organization" means to "actively publish".

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    11. Re:Correction: Yes and No by Minna+Kirai · · Score: 1

      It mentions recipients in this regard. See below:

      Yes, "recipients". Have you ever been a corporate employee, and sent an email to some other employee? You know the "To:" field in Outlook? That's where you list the recipients. If it weren't possible for other employees to be recipients, then email would not exist. "Recipient" does not imply "legally re-assigned ownership". All it means is that someone put data on the PC under your desk- whether the file is an email, or an altered GPL program. (If you don't agree with that, then you aren't speaking English)

      For example, if you distribute copies of such a program,

      Corporations are not alive. They are not human, they are not people. They have no ability to redistribute software (or do anything else). Employees of a corporation can redistribute software on its behalf, but that would be a copyright violation unless they comply with the GPL.

      There are certain situations in which a corporation is legally equivalent to a person, but as the GPL doesn't contain any text giving additional rights to corporations, so it isn't one of those situations. When a software publisher wants to license a program so that corporations have special rights, they do so with a "site license" or "corporate license". (In general US law, corporations have special rights as holders of copyrighted works, but not as users of works copyrighted by others)

      In the absense of a "corporate-size GPL", a corporations can use software with the aggregate rights of the individuals making it up.

      Do Employees count as users?

      That's almost too silly to bother answering. If they're people using the software, they are users. However, this isn't the clause you should be hanging on (as it's pretty weak, historically).

    12. Re:Correction: Yes and No by Minna+Kirai · · Score: 1
      Of course, we may have to wait for an employee to be taken to court to get the final answer.

      An interesting question is, has any big corporation made major internal use of an altered GPL program? I've never heard of one doing so, except when the alterations were too unimportant for the corp to worry about retaining as proprietary.

      But that fact doesn't really prove anything. Even if I was wrong, and corps were allowed to give modified GPL code to their employees while prohibiting them from redistributing it, they still wouldn't really be able to use it "in-house".

      That's because all non-trivial corporations include a decent number of non-employee workers. Temps, client liasons, and contractors of all sorts are helping you both on-site and in their remote offices. If a piece of software is important to the business, it will be awkward to have to constantly keep those quasi-employees segregated off, unable to touch the programs that everyone else in the building is installing arounding willy-nilly.

      For practical "in-house" use, you've got to be able to send programs to the outsourcers who compose an ever-increasing portion of the IT department.

      I'm just trying to work out if a clause in an employment contract saying 'You may not distribute software developed internally outside of the company

      That would seem to be in violation of GPL part 6:
      6. Each time you redistribute the Program (...), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
    13. Re:Correction: Yes and No by UnrepentantHarlequin · · Score: 1

      Corporations are not alive. They are not human, they are not people.

      Actually, corporation are people. It's one of the more bizarre aspects of US law, but corporations are people. You're confusing "people" as a generality with natural people, which are the kind that walk and talk and bleed. If you ever seen something -- say, a contest entry form or a MMORPG user agreement -- which restricts usage to a "natural person" that's to exclude corporations, because otherwise "person" would mean an entire corporation, too.

    14. Re:Correction: Yes and No by eraserewind · · Score: 1

      Well, the law isn't the same as English, and corporations are people as far as the law is concerned, and employees are acting as part of the corporate body. The GPL doesn't need to give corporate persons additional rights. If it wants to exclude them, it needs to explicitly state so.

  81. There is at least one license... by hummassa · · Score: 2, Interesting

    That tries this stunt (if the code is in a website, publically accessed and has the option to download the source, then your derivative must have equal option). And you know what? It hurts (meaning it's not Free). Because if I want to take the code and make a derivative that is *not* a website, I can't make the option available.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  82. Actually not as bad as it may seem by Tyrell+Hawthorne · · Score: 1

    I know at first this addition may seem really scary and potentially counter-productive to the free software movement, but how it really works is actually quite elegant. Not surprising, seeing who it's coming from.

    The good thing about this addition is that it won't change things for the software that's already out there. As a user of the software, your previous rights can't be retracted, and it's not something Stallman and Moglen are trying to do. Remember, the GPL is about protecting the rights of the users of the software. What this addition does is that it gives a new control to the original author. See, it's only if the code already has a feature to let you download the source code that you would have to include it later on. If such a feature is added at a later moment, as I understand it another person could fork the code previous to that and then continue developing it without the code download feature. If I make a software and I want the new feature, I'll just put it in there. Then subsequent versions based on the code have to include it. If I don't think the new feature is necessary, I don't add a code downloading feature and then this addition to the GPL won't affect the software.

    It doesn't sound so dangerous now, does it?

    1. Re:Actually not as bad as it may seem by Tankko · · Score: 1

      As a user of the software, your previous rights can't be retracted,

      Unless you own a Tivo and use ITunes.

      (joke)

  83. New GPL silliness by sonamchauhan · · Score: 1

    RMS and Co. finally addressed the "weakness" I once wondered about in the existing GPL: how strictly does one define "linking" in this age of webservices.

    He addressed it badly.

    If the following software come under a future GPL3 license which has this clause, here's who may need to release internal code:
    - WebServices
    - Web servers
    - Email servers
    - B2B and EDI software
    - ERP software?
    About the last one, I'm not sure - but ERP software provides services to trading partners via B2B software, very similar to how Google provide services to external entities via TCP/IP stacks). This indirection thing is a can of worms. Ignoring it for now, here's an example:

    "Moe working for midsize company X. He comments in a local paper about their company modifying something in their email server software (which happens to be GPL'd.) Random Joe1 reads this, and send Moe's company an email asking them to pony up with their modifications - he now being a "user" of their Email system by virtue of that very email.

    And then there are the requests from random Joe3,Joe4,Joe5... JoeN. And Moe must make sure that any changes are correctly sent to the correct requestors.

    Poor company X - it was only a biscuit company before. Now it's also in the software distribution business. I can just imagine companies lining up to take advantage of such possible GPL v3 "freedoms".

    Some applications release under the current GPL licence and "any future versions released byt the FSF". Great. I hope software I use doesn't come under that category. It's good that Linus DID NOT give the FSF free license (pun intended) on the future of Linux - IIRC, Linux is restricted to some specific version of GPL Ver. 2.

    1. Re:New GPL silliness by grumbel · · Score: 1

      ### RMS and Co. finally addressed the "weakness" I once wondered about in the existing GPL: how strictly does one define "linking" in this age of webservices.

      ACK, I agree the real weak spot of the GPL is the 'linking' stuff. The problem is that the whole license is heavily tweaked towards C programms, as soon as you go to more dynamic programming languages, scripting language or bash scripts the whole thing becomes rather unclear, since no C-like linking is ever performed there, unless those languages byte-compile, which again makes the thing even more complicated, same of course with web-services and other uses that happen without 'real' linking.

  84. Re:It won't effect the average user by Anonymous Coward · · Score: 0

    I think I'm coming close, unfortunately though the links to the obscure web sites don't seem to be working, any clues?

  85. "infected" by Anonymous Coward · · Score: 0

    This is, sadly, a common misunderstanding when it comes to the GPL. By using the term "infected", you are either misinformed or attempting to misinform; I'll assume the former...

    'Infected' is a common term describing how the license propogates, that is by contact.

  86. I am confused. by guacamole · · Score: 1

    Let's say I write a CGI script implemented in an interpreter distributed under GPL 3 and/or my CGI script calls such an open source program. Does this mean, I have to distributed the CGI script source code?

    1. Re:I am confused. by verbatim · · Score: 1

      Let's say I write a CGI script implemented in an interpreter distributed under GPL 3

      http://www.gnu.org/licenses/gpl-faq.html#IfInterpr eterIsGPL/

      and/or my CGI script calls such an open source program.

      http://www.gnu.org/licenses/gpl-faq.html#MereAggre gation/

      Does this mean, I have to distributed the CGI script source code?

      Not because of the interpreter, however depending on how you've "called such a program" in your CGI script, you might have to.

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
  87. We need more lawyers!! by halleluja · · Score: 1
    RMS's way of free software always seem to boil down to a single point: collaborative effort.

    Regardless of the Agnetha-consequences and current implementation, this needs to be preserved.

    If people invest effort in circumventing the license they do not wish to collaborate.

    Whether it be through web-services or key-based activation is irrelevant, with every GPL release there will be lazy fucks who try and use it for their own good.

    RMS is right to be on top of it.

  88. In other words... by msormune · · Score: 0

    all your source code are belong to us. Well, luckily I use Resin instead of Apache.

    1. Re:In other words... by belg4mit · · Score: 1

      So? Apache is APL not GPL.

      --
      Were that I say, pancakes?
  89. One thing at a time by hummassa · · Score: 3, Insightful

    1. tell what you think "distribution" means[...] Distribution (aka publishing) WRT copyright law is the act of making a copy and selling/donating/renting it to another (legal) person.

    1a. a corporation is one type of person. In some acts, a corp is represented by some employee that has permission to execute that act. For instance, my enterprise's IT manager (who has proper permission from the rules of the corporation) goes to the MS dealer and negotiates a site license for XP Pro. Who will pay the bill, the IT manager? The IT department? No, the corporation. Who is the licensee? The corporation.

    2. note that if Wal-Mart[...] You have noticed you were talking about a tangible good (aprons) instead of copiable, intellectual content? (which we are discussing here) If you were talking about software, for instance, the answer would be: No, they have not distributed it (see #1 above). technically? We are talking about copyright law here, so technically, ie, legally, this does not count as distribution... because no other person is receiving the copies, just the same (legal) person.

    3. What is your standard for decide this isn't "distribution"? The copyright law. The person that bought/got/modified the software is the enterprise (acting according to its own internal regulations [*]), the thing starts to be distribution when an authorized person inside the enterprise says "hey, guys, you can take our rebranded OpenOffice.org home and install in your computer"... because then the "Enterprise" person is distributing to the "Employee" person a copy of the software. As opposed to an authorized person inside the Enterprise installing the software in a computer that belongs to the enterprise (no distribution there).

    3a. [*] even when acting against corp regulations, the corporation is still liable for the actions of its employees, if others (mainly execs) take notice of said actions and do nothing about it. But this is another can of worms.

    4. what stops me from modifying a GPL program like Mozilla and selling binary-only copies to random strangers? The fact that you would then be distributing it?

    5. Which is never the case. Sure it is. When your enterprise buys a site license for XP Pro (3000 seats), the enterprise is the licensee. When your IT manager downloads Apache and installs it in an enterprise's server, with permission from the enterprise's execs, the enterprise is the licensee, because the IT manager is doing that on behalf of the enterprise.

    6. If a 3000-person enterprise walks into Fry's[...] Enterprises do not have "personal" usage of nothing, only commercial, because they are commercial by nature. Anyway, even for personal use (which an enterprise can buy for an exec, for instance) XP Pro's license only permits installing in one machine.

    better now?

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:One thing at a time by Minna+Kirai · · Score: 0, Troll

      Distribution (aka publishing)

      No, not "aka publishing". "Distribution" and "publishing" are entirely different words. If the GPL really meant to say "publishing", they should fix that in the new version.

      I'd still really like to see the definition of "distribute" you are using, because it's hard for me to imagine one that would both create an "in-house" exception to the GPL, but not also open a loophole permitting almost anyone to break the GPL by adding a little boilerplate ahead of every sale.

      We are talking about copyright law here, so technically, ie, legally, this does not count as distribution...

      You can't just keep asserting that. You've got to back it up, somehow. If you think that a non-English definition of "distribute" applies, then paste it. (I have found special meanings of "distribute" in some law dictionaries, but only for specific circumstances unlike this one)

      You have noticed you were talking about a tangible good (aprons) instead of copiable, intellectual content?

      It makes no difference regarding what "distribution" means. If you only want to think about it in terms of IP though, let's say Wal-Mart buys a single Mariah Carey music CD and

      The copyright law.

      Yes, and copyright law is on my side. It recognizes that if a big company buys a single copy of a book and hands out photocopies for all their employees to use on the job, they have infringed copyright by distributing unauthorized reproductions.

      If you think copyright law says something else, and that corporations have a special exception to distribute internally, then go ahead and post your source.

      3a. [*] even when acting against corp regulations,

      If the corporation has a regulation against the redistribution of internally-modified GPL software, then they are in violation of GPL part 6 ("no further restrictions"), and all their use of the program (beyond the first) is illegal copyright infringement.

      Enterprises do not have "personal" usage of nothing,

      Yes, exactly. The GPL is not a "site license". It includes no text that applies specifically to a corporation or organization. Corporate licenses to software only happen when the license explicitly gives a corporate buyer more rights than an individual would have. The GPL doesn't do this.

    2. Re:One thing at a time by hummassa · · Score: 3, Insightful
      No, not "aka publishing". "Distribution" and "publishing" are entirely different words. If the GPL really meant to say "publishing", they should fix that in the new version.
      Sorry, but you are wrong, in the copyright law they are the same thing.
      Yes, and copyright law is on my side. It recognizes that if a big company buys a single copy of a book and hands out photocopies for all their employees to use on the job, they have infringed copyright by distributing unauthorized reproductions.
      If you think copyright law says something else, and that corporations have a special exception to distribute internally, then go ahead and post your source.
      Sorry, but you are wrong again, and confused: for books, you are right, but for GPL'd software the corporation already has the right of making copies, modifying such copies, and installing them on all of its machines! If you are worried about the "corporation loophole", see what I said in my other comment below.
      The GPL is not a "site license"
      Au contraire... it is not a "personal usage only" license, it's a "public", "applied-to-all", license that specifically allows you to copy and modify GPL'd works at will, and only tries to restrict you when you try to distribute (as in copyright distribution, ie, publishing) the modified copies.
      You can't just keep asserting that [distribution and publishing are the same under copyrights law]. You've got to back it up, somehow.
      Come on, read 17USC106 -- those are the exclusive rights of the copyright owner (no ellipses here, this is an exaustive list):
                            Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
                                (1) to reproduce the copyrighted work in copies or phonorecords;
                                (2) to prepare derivative works based upon the copyrighted work;
                                (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
                                (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; and
                                (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.

      As you can see, distribution/publishing is covered by item #3. I know is asking too much from a /.er even to read the FA, but I ask you again... read 17 USC 106-120. You are relying on "plain English" definition of words that have especial meaning in "legalese English" (like "distribution", above). You are missing important legal meanings like of juridical personality of corporations and their acts. And you are trying to form a reasoning of what legal protections are -- without the legal basis.
      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    3. Re:One thing at a time by sirambrose · · Score: 1
      No, not "aka publishing". "Distribution" and "publishing" are entirely different words. If the GPL really meant to say "publishing", they should fix that in the new version.

      I'd still really like to see the definition of "distribute" you are using, because it's hard for me to imagine one that would both create an "in-house" exception to the GPL, but not also open a loophole permitting almost anyone to break the GPL by adding a little boilerplate ahead of every sale.

      From page 195 of the copyright law [copyright.gov]:

      (6) "Distribute" means to sell, lease, or assign a product to consumers in the United States, or to sell, lease, or assign a product in the United States for ul- timate transfer to consumers in the United States.

      The only reason that internal distribution doesn't count as distribution is because the corporation isn't a customer of itself.

      Yes, exactly. The GPL is not a "site license". It includes no text that applies specifically to a corporation or organization. Corporate licenses to software only happen when the license explicitly gives a corporate buyer more rights than an individual would have. The GPL doesn't do this.

      The GPL is effectively a site license. Just because it gives the same rights to individuals doesn't mean that it doesn't work like a site license. Section 2 of the GPL gives rights to modify and copy the software. There is no limitation on the number of copies an entity can make. If a corporation is using the software, then "You" refers to the corporation.

      Section 2 says: "You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above". The claues makes no significant restrictions. This gives the entity agreeing to the license the right to make copies.

      The only place the gpl that says you need to publish source code is section 3. It starts with, "You may copy and distribute the Program . . . in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:".

      Based on section 2, verybody has the right to produce unlimited numbers of copies. Section 3 says that if you transfer the copies to a consumer in any way, you need to provide source code. If you don't give a copy to a consumer, you still have the right to make copies based on section 2. This is why the GPL faq says that private modifications are ok

    4. Re:One thing at a time by sirambrose · · Score: 1

      Oops. The link got lost. Copyright law

    5. Re:One thing at a time by Minna+Kirai · · Score: 1

      Sorry, but you are wrong, in the copyright law they are the same thing.

      No, they're not. Try and quote that law, if you like. The excerpt you already pasted implies exactly the opposite, as I explain below.

      already has the right of making copies, modifying such copies, and installing them on all of its machines!

      No, they don't have that right already. If the GPL wasn't there, they could only install the program once. They only gain the right to multiple installs if they obey the GPL, which means each time the software is distributed, it must be with the source code (or an "offer for the source code, valid for any third party, etc etc").

      Come on, read 17USC106 -- those are the exclusive rights of the copyright owner (no ellipses here, this is an exaustive list):

      Yes, of course I've read it many times. (Although that's not in the Friendly Article, but is a separate reference you brought up). Looking at it again, I am reminded that it's a very useful tool to reinforce my point.

      There are two rights of interest here, #1 and #3. #1 is the right to reproduction, and #3 is the right to public distribution. Notice that the wording is "distribute copies ... to the public", which should clue you in that "distribution" is not synonymous with "publication", or else "public" would be redundant. The use of "public distribution" is an acknowledgement that "private distribution" and "in-house distribution" are other possibilities.

      So, we've seen that copyright holders have those two rights. Of them, the right to reproduction is more important than that of distribution, because distributing copies without first reproducing them is impossible. So the reproductive right has primacy over the distributive right. It is that right which is violated if a programmer modifies GPL source code without obeying the GPL's terms.

      Now, I'll ask you to read a different FA: the GPL. Search for every occurence of the word-fragment "distribute" in the file. It occurs 53 times. Of those instances, zero of them are followed by a qualifier like "to the public", which a reading of the copyright law has already established is necessary to distinguish publich distribution from other kinds of distribution (such as in-house).

      Furthermore, note that the GPL contains the text "distribute or publish", which further reinforces that, in the understanding of the GPL authors, "distribute" and "publish" are not synonyms.

      Therefore, I have established that "distribute" is different from "publish", and "public distribution" is one sub-category of distribution. The implication is that "private", "in-house", and "corporate use" are other categories of "distribution".

      So finally, back to the GPL. When does the GPL "attach" to software, meaning anyone who has access to the files has been given permission to redistribute both the binaries and source (or "an offer for the source code..." etc)? Any time you "distribute" the modified software.

      When a corporation distributes a modified GPL program amoung it's employees, they are giving them permission to publish it whenever they like. If the corporation hadn't intended to give them that permission, then it couldn't have distributed the software at all.

      (Note that this conclusion is consistent with the FSF's stated goal: that users of software have freedom to modify and re-distribute it. A million users unable to edit their desktop software because they are employed by a corp would be against RMS's ideals. In particular, it would allow China to pass out modified Linux to all their citizens, without any rights to the source code)

    6. Re:One thing at a time by Minna+Kirai · · Score: 1

      The only reason that internal distribution doesn't count as distribution is because the corporation isn't a customer of itself.

      You are exchanging the word "consumer" with "customer". The members of a corp are not its customers, but they are probably "consumers in the United States".

      (6) "Distribute" means to sell, lease, or assign a product to consumers in the United States

      If we use that definition of distribute, then the GPL is broken. Bill Gates can write "Microsoft KDE" and charge $200 for an indefinite license to use that software.

      Indeed, looking at existing Microsoft EULAs, they already use the claim that the software is not "sold" or "assigned" to the consumer, but rather licensed for his limited use. If that's true, then Microsoft can infringe the GPL freely.

      If, on the other hand, "distribute" means what it means in English, then Microsoft has no license to publish a proprietary fork of KDE, and corporations have no right to make thousands of employees use modded GPL code without access to that code.

      This is why the GPL faq says that private modifications are ok

      As shown by it's header, that FAQ is to reassure people who are afraid slightly editing a GPL program will oblige them to mail it out to the world at large. "Not obliged" != "able to prohibit".

    7. Re:One thing at a time by Anonymous Coward · · Score: 0

      3. What is your standard for decide this isn't "distribution"? The copyright law. The person that bought/got/modified the software is the enterprise (acting according to its own internal regulations [*]), the thing starts to be distribution when an authorized person inside the enterprise says "hey, guys, you can take our rebranded OpenOffice.org home and install in your computer"... because then the "Enterprise" person is distributing to the "Employee" person a copy of the software. As opposed to an authorized person inside the Enterprise installing the software in a computer that belongs to the enterprise (no distribution there).

      Actually, distribution, under copyright law is more complicated. Copyright law doesnt really look at distribution, but publication. Publication isnt tied to the number of copies distributed, but is more about the purpose of the distribution. If the software is distributed into the market for which it is intended, then it is considered published. The classic example is sending a book to 1,000 publishers for consideration. This is not publication because it is limited in purpose and scope. Publication is not nearly as important as it used to be before the 1976 Act.

    8. Re:One thing at a time by Anonymous Coward · · Score: 0

      If the GPL wasn't there, they could only install the program once.

      If the GPL wasn't there, they could install the program zero times, since without license for someone to have distributed it to them, they wouldn't have the program.

    9. Re:One thing at a time by IpalindromeI · · Score: 1

      You are exchanging the word "consumer" with "customer". The members of a corp are not its customers, but they are probably "consumers in the United States".

      I think this is the sticking point. You think that the corporation's employees would be considered consumers, but they wouldn't be. Corporations have special rights that allow them to be treated as individuals in certain ways. When the employees are acting for the corporation (ie, when they are working), they are all considered to be just a piece of one legal entity. The corporation is the consumer in this case, and not the employees. Since the corporation already has the source somewhere, the restrictions are satisfied. Your position is like saying that you are required to give the GPL'd source code you've modified to each of your skin cells.

      --

      --
      Promoting critical thinking since 1994.
  90. Re:It won't effect the average user by Anonymous Coward · · Score: 0

    Or alternative Linux procedure:

    install:
    sudo apt-get install quake3

    run:
    quake3

    If you're using some linux from scratch installation it may perhaps be more difficult, but then again so would installing Quake3 on Windows XP Embedded be...

  91. This loophole in fact exists. by hummassa · · Score: 1
    Note that if my viewpoint is not accepted, then the GPL has been destroyed. Any other interpretations create a loophole the size of an aircraft-carrier. Want to put GPLed code into your proprietary software? Just declare that all customers are joining an "organization" when they place their order. (Such as incorporating a shell-company to for $200 in New Jersey). Then, go ahead and sell millions of copies of "Microsoft KDE", and deny customers their rights to source code because "you joined the organization, so this is all internal use".

    Yes. They can. Except that there is no "automatic join organization". They would have to require that each "customer"/"partner" sign a legally-valid, notarized document, that would make each customer/partner liable (up to his personal quota) for any of the organization's liabilities (and this is serious stuff).

    This loophole is not only in the GPL, but in any copyright license: I am associated with a videoclub. We have 5000 DVDs, we pay a monthly fee (to buy new DVDs and pay for the four employees) and stay with 5 DVDs all the time if we want, without paying rent. As I am not renting the DVDs from the videoclub, the videoclub is not distributing the DVDs, so the videoclub does not need to buy the (more expensive sometimes) "for rent" version of the DVDs. And yes, we have legal counsel and we operate inside the law.
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:This loophole in fact exists. by Minna+Kirai · · Score: 1

      Except that there is no "automatic join organization".

      Once more with the dubious definitions. Do you understand how nebulous and all-encompassing the word "organization" is, legally? It can mean almost anything.

      "Corporation" is a more tightly defined word that "organization", but it's still fairly easy to create minimal "shell" corporations whose only purpose is to establish that some list of people are "corporatation members" for legal purposes.

      that each "customer"/"partner" sign a legally-valid, notarized document

      Notarized? You think new employees at Wal-Mart have their sign-up papers notarized?

      that would make each customer/partner liable (up to his personal quota) for any of the organization's liabilities

      No, absolutely not. An organzation can have almost any membership rules. In fact, there is a very popular kind of organization, known as the "corporation", that explicitly shields its members from liability!

      As I am not renting the DVDs from the videoclub, the videoclub is not distributing the DVDs, so the videoclub does not need to buy the (more expensive sometimes) "for rent" version of the DVDs.

      Ok, now you've lost all credibility on copyright. You think there is some law enforcing non-rentable DVDs?

      The only way movie studios can keep "rental" DVDs from being sold to the general public is by pricing them at $100, which is more than any home viewer would sanely buy.

      According to the well-established "Right of First Sale", the legal owner of a copy can rent it out if she wants.

  92. bad bad bad idea by rnd() · · Score: 1

    This whole idea smells like RMS is trying to exploit what is known in business as lock-in. People will resent it.

    --

    Amazing magic tricks

  93. As an author of a web toolkit.. by fforw · · Score: 2, Insightful
    As an author of a web toolkit I must say that it just seems wrong to me. As much as I would be pissed if someone would earn money by slapping a nice GUI around my tool, I don't think it's reasonable for me to expect someone to release the source code to their website just because they use my tool in it. That would be unfair and IMHO seriously reducing the number of people willing to work with/on my tool. There just is no distribution of code, 99% percent of that web site's users will just don't care about the code, the other ones can just download the toolkit themselves which hopefully also includes the fancy stuff the website owner put into his site.

    This is why I will either continue to use GPL v2 or add an permission to run a website without giving away the code to the GPL v3.

    --
    while (!asleep()) sheep++
    1. Re:As an author of a web toolkit.. by duplicate-nickname · · Score: 1

      I have to agree with you. I am the author of a web based help desk application that is used on hundreds of public facing websites and licensed under the GPL. I see absolutely no reason to place a requirement on these people to make the source code available. Many simply can not make the code available and will either be in violation of the license, or they just won't use the software.

      In either case, that is not want I want. In the end, it would either force me to stay with the v2 license or move to license with less of a religous attitude about open source.

      --

      ÕÕ

  94. Terrible idea by borgheron · · Score: 1

    I know it's been said, but this is a really terrible idea. Horrible.

    Many many websites currently use GPL software and suddenly making them have to relinquish thier code is a bad move. This will inspire hatred and resentment from companies all over the web and make RMS look like another highway bandit.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
    1. Re:Terrible idea by duffbeer703 · · Score: 1

      Stallman doesn't really give a shit about business.

      His mission is not to make open-source software popular, but to impose his idea of freedom (for end-users) on the world. That's why the default licensing text provided by the FSF allows a user to apply GPL v2 or a future version.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
  95. Darwinian Licensing Schemes by blackjackshellac · · Score: 1

    We will see which license schemes succumb to their own self-importance. I predict that both Microsoft's and Stallman's extremes in GPL3 will sink to the bottom of the mire of open and closed licensing schemes. And good riddance to both, is what I say.

    --
    Salut,

    Jacques

  96. Smart... give people fewer reasons to use OSS by Anonymous Coward · · Score: 0

    Duh

  97. GPL by C_Kode · · Score: 1

    I love the GPL, but we don't need GPL fundamentalist (RMS) terrorizing anyone that wants to use free software.

  98. RMS's vision of the future: Programming != jobs by Anonymous Coward · · Score: 0
    Everybody should remember that RMS basically wants programmers to program for free. In the GNU Manifesto, RMS explicitly laid out his ultimate dream
    http://www.gnu.org/gnu/manifesto.html

    There will be no need to be able to make a living from programming.


    Remember that, and all will be clear.
  99. Inconsistency by 42forty-two42 · · Score: 1

    The current GPL states you do not need to accept it to use it; indeed, it rejects the idea that there is any legal need to do so. How can the GPL3 go back on this?

  100. LoopHole?!?!?!?! by Zphbeeblbrox · · Score: 1

    How on earth does that translate to loophole? It's not a loophole. Its common sense. You want to limit adoption of GPL products in the commercial sector? This is the way to do it. You can forget me ever releasing under GPL 3 if this is true.

    --
    If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
  101. I don't think you get it. by CastrTroy · · Score: 1

    I don't think a lot of people here quite understand what the new version of GPL is all about. They aren't saying that if you use GPL'd stuff to host your website, then you must release all the code for your website. What they are saying is that if you modify GPL'd software, and make your website available to the public, then you must release the source code of whatever programs you have modified. If someone take a GPL'd office suite, modifies it so it runs in a web interface, and lets the public use it, then technically, they aren't releasing binaries. So, they are modifying the source code, the public is getting to use that source code, but they aren't releasing the binaries. Just because you GPL software, doesn't mean the code that you write that's interpreted by the GPL software must be released. Otherwise, everything compiled with GCC would have to be open source.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  102. Slashdot readers are stupid. by hatrisc · · Score: 1

    I'm going to get modded down right away, and this post will turn into dust, but here goes.

    1) READ THE ARTICLE BEFORE POSTING
    2) UNDERSTAND THE ARTICLE BEFORE POSTING
    3) THIS GPL CLAUSE ONLY APPLIES TO SOFTWARE THAT ALREADY PROVIDES A METHOD TO DOWNLOAD THE SOURCE CODE.
    3b) THIS MEANS THAT IF GMAIL IS BASED ON FREE SOFTWARE AND THE SOFTWARE IT'S BASED ON HAS A USER ACCESSIBLE FUNCTION THAT ALLOWS THE SOURCE CODE TO BE DOWNLOADED, THAT USER ACCESSIBLE FUNCIONALITY MUST REMAIN IN TACT IN DERIVATIVE WORKS.
    4) THIS DOES NOT MEAN YOU MUST RELEASE THE CODE IF THE ORIGINAL AUTHOR DIDN'T.

    --
    I write code.
  103. it's time... by pinqkandi · · Score: 1

    ...for me to switch to Windows based servers and ASP.

  104. Loophole?-more work for lawyers. by Anonymous Coward · · Score: 0

    Which is why I prefer the BSD license. I don't need to have my lawyer looking over my shoulder (at great expense) in order to get any work done. Loopholes? Grey areas? No thanks.

  105. Non-front end apps? by Fujisawa+Sensei · · Score: 1

    How about this?

    If I'm running a GPL3 app somewhere one the middle, back, or OS side, with NO customer visibility such as a rules engine for my business logic, and it includes the RMS button, do I have to push the code for the button all the way to the front end?

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  106. Bwahahahaha by hummassa · · Score: 1

    No, absolutely not. An organzation can have almost any membership rules. In fact, there is a very popular kind of organization, known as the "corporation", that explicitly shields its members from liability!
    ROTFL. You owe me a cup of tea and a new keyboard.
    Members (shareholders) of the corporation may have limited liability (up to their share value, that can be brought down to zero by dissolving the corporation), but they have liability.
    Employees of corporations have less liabilities (remission rights for the corporation), but have liability as well.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  107. Just to the second part. by hummassa · · Score: 1
    That is how it's normally interpreted. But yes, the writing is awful. There are other examples of bad writing in the text of the GPL:
    a "work based on the Program"
    means either the Program or any derivative work under copyright law:
    that is to say, a work containing the Program or a portion of it,
    this snippet defines a work based on the program as being the program or a derivative work under copyright law, then tries to explain what a derivative work under copyright law is, failing miserably.... I love the GPL, for what it represents (a clever way of using copyright law to ensure freedom instead of lock-in), but not for its form :-)
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  108. RMS goes over the edge by peterb · · Score: 1

    It's gonna be so cool when I can use gnu ls and type ls --download-source-tarball. Yeah!

  109. Viral licensing by cryptoguy · · Score: 1

    GPL needs to make the license more user friendly, not less. Closing "loopholes" is moving in the wrong direction. That just limits the potential usefulness of the software.

    Side note: Can they legally add restrictions (ie. close a loophole) in a license for existing software? Doesn't the GPL itself prevent this?

  110. Re:It won't effect the average user by TetryonX · · Score: 1

    Since you are using an antiquated version of redhat (It's Fedora Core 4 now you dork), lets compare with an antiquated version of windows!

    User: "How do I get Quake 3 to run in Windows 2000"
    Zealot: "Oh god, I installed it like it wanted to, but it wouldn't start cause directx was too old? Aww. Had to go to microsoft's directx site, and , omg it has to check to see if im using a pirated version of windows! But wait! I'm using windows 2000! Stupid microsoft let me download directx damn it! *downloads the checker thing since I don't use IE and enters the code to get to the download page* Install that. What? Still can't play? Oh I need new video drivers! Gotta go to that obscure video card manufacturer website! *download* *reboot* yay quake 3! Wait no sound..."

    Seriously, Windows is just as fucked up as linux is when it comes down to it. It's just that linux doesn't like to sprinkle glitter over the configuration interfaces. Linux, once it gets the gaming industry and hardware vendors, to develop on its platform will not be substantially better than windows, if better at all. It's just that unlike windows, we get to completely change what's included, and change it to the way WE want it. Not how MICROSOFT wants it. I personally like how most things for linux is free (more or less) but with enough searching you can get free and clean windows tools as well.

    I'm not a linux zealot, nor for windows or mac. I use each OS for their strengths. Windows for games, Linux for development, OSX for visual tools. Comparing an out of date distribution that is not configured with a fully configured updated windows copy makes a poor comparison. Do you by chance work in Microsoft's FUD department?

    --
    [!] No, I can't see my comments. They are not worthy of +3 moderation.
  111. Re:Loophole?!? by iplayfast · · Score: 4, Insightful

    The point of the GPL is to protect the users (NOT the software itself!), by giving them the freedom to modify the software they use as they see fit. A remote user is still a user!

    I agree with the first part of this, however as someone who develops code for use on the web I'd say that I was the user and the people looking at my website are seeing documents that is produced by what I set up. I'm the user. The people who are looking at the web pages are consumers of my product. (the pages).

    The "remote user" is not a user of the software, they are a user of the result of my use of the software. If I hadn't set it up, they wouldn't be able to see the results.

    It's like requiring the plans to a printing company, and a paper factory whenever you buy a book. The manufacting info of the book is not what you are buying, just the contents.

  112. Re:Loophole?!? by mrchaotica · · Score: 2, Insightful
    I agree with the first part of this, however as someone who develops code for use on the web I'd say that I was the user and the people looking at my website are seeing documents that is produced by what I set up. I'm the user. The people who are looking at the web pages are consumers of my product. (the pages).
    Well, you're wrong.

    Let's take GMail as an example. I'm an end user. I don't develop GMail; heck, I don't even work for Google at all. Nevertheless, I would prefer it if GMail were GPL v3, because then I could verify that it wasn't copying every email I send directly to the FBI, or deleting every other message someone sends me, or misbehaving in some other way -- in other words, the same thing the GPL allows me to do with a local email client like mutt or Mozilla Thunderbird.
    --

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

  113. Yes, and... by Anonymous Coward · · Score: 1, Interesting

    if you get the source code for the CMS and find an interesting, clever subset of it, and want to use that in your embedded application, now you can`t because you are supposed to keep (enabled) some code to download the source, which your embedded architecture do not have enough memory to keep, nor has the way to give to the user.

  114. GPL2=good, GPL3=bad by drwho · · Score: 1

    The GPL as it stands was successful because it's a careful balance between public rights and the rights of owners of derivates. It's well understood, tested in court, and widely used.

    The GPL3 seem to want to expand the rights of the public. I am not entirely opposed to such a license existing. After all, people have the right to license their creations as they see fit. But I won't accept any software that comes with such a horribly binding contract.

    What's worse is that it has the GPL stamp on it. This is going to cause confusion among many, who think that software currently licensed under the GPL2 is going to get these restrictions. Alarmist, half baked new reports will only reinforce that fear, driving users into the waiting arms of Microsoft and Sun.

    I am not making any more donations to the FSF, and am actively discouraging other from doing so, while they pursue the goals of GPL3. And, if I see RMS in the halls of MIT, I am going to give him a piece of my mind. Maybe I'll even have T-shirts made up.

  115. GPL does not "infect" by swillden · · Score: 2, Informative

    The GPL, in fact, guarantees that if GPL'd software is used in another product, both products then become infected by the GPL and the resulting work is then covered by the GPL.

    Keep in mind that it's copyright law that is viral, not the GPL. Any time you copy a chunk of one copyrighted work into another copyrighted work, you have created a derived work whose copyright is jointly held by both of the original copyright holders. It is illegal to distribute this work unless you have the permission of both. That's the law. In this case, the GPL'd code has been released under a set of terms which provide the needed permission in many cases but not all.

    The GPL does not "infect" your code. You *choose* to place code that has some strings attached into your code. If you don't like the strings, don't take the code, but don't blame the GPL for "infecting" your code.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  116. Who is using what? by The+Monster · · Score: 1
    Your definition of "user" is flawed. A user is (it's in the actual word) the one who uses the program.
    So if someone uses Internet Explorer, Safari, Opera, Firefox, or Konqueror to access a web site that uses GPL'ed software to decide what HTML/CSS/XML/JavaScript to send the browser, who is using what? The person in question is not the 'user' who is running Apache, perl, Python, Ruby, or whatever on the server. That person is 'anonymous', 'guest', or 'nobody' on the server. What is the 'browsor' (my term for a browser operator) using, other than his browser?
    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

    1. Re:Who is using what? by node+3 · · Score: 1

      What is the 'browsor' (my term for a browser operator) using, other than his browser?

      It's really simple. The user is the one who uses the program. For interactive programs, the user is whoever is clicking the buttons, typing the keys, etc.

      If you are using a program which in turn sends commands to another program, *you* are using the second program as well.

      For example, if you were to put a program online which creates images of the current sky (astronomy/planetarium software), and the user is presented with a form to enter their coordinates, and a few other parameters, the web user is, in fact, using their web browser to control the astronomy program. In other words, they are using the astronomy program.

      The same applies with Google. If Google is using modified GPL'd code to dynamically serve up maps, the user who directs their browser is using that GPL'd code.

      The person in question is not the 'user' who is running Apache, perl, Python, Ruby, or whatever on the server. That person is 'anonymous', 'guest', or 'nobody' on the server.

      That is a user id. A user id is not a person, it's a number. It's nonsense to say "anonymous" or "guest" or even "billg" is the user. The user is the actual person using the program (and who may or may not be using some given user id or another). If you are logged into your X11 session as "themonster", and you have the GIMP running, if you hand me the mouse and keyboard to do some photo editing, I am the user of the GIMP, not you.

      Now, of course, licensors are free to ignore this distinction, and create a per cpu license, or per instance license, or whatever. But the GPL is a license intended to provide a certain set of freedoms to the user, so it's logical to apply this to users of remote software as well.

  117. I have a news for you by Anonymous Coward · · Score: 0

    I would prefer it if GMail were GPL v3, because then I could verify that it wasn't copying every email I send directly to the FBI

    Trust in a service provider is not something that you can build by
    inspecting their source code. If they want to screw you, they will .. regardless of what the sources contain.

    1. Re:I have a news for you by Anonymous Coward · · Score: 0

      > Trust in a service provider is not something that you can build by inspecting their source code.
      > If they want to screw you, they will .. regardless of what the sources contain.

      Yes, but if the code is GPL'd and they are using a "private" version of the code or refuse to give you a copy, that gives you a legal leg to stand on when you sue them for screwing you!

  118. Eight Megs but not Constantly Swapping anyMOORE by tepples · · Score: 1

    No, his goal was to boost CPU and memory sales.

    Not necessarily. By the time systems based on GNU were ready for some desktops, Moore's prediction had continued to hold. For instance, though Emacs is "eight megs", it's no longer "and constantly swapping" given that even a 64 MB laptop from 1999 can run it just fine.

    1. Re:Eight Megs but not Constantly Swapping anyMOORE by Anonymous Coward · · Score: 0

      Emacs Makes All Computers Slow ;)

  119. not free anymore by pmorelli · · Score: 1

    So, now we're adding another cost to "free" software. Bandwidth costs. If I install server software with this clause, I have to pay for the bandwidth people use to download it. Wonderful. (And yes, I know the difference between free as in speech and free as in beer. But let's be honest, most people use gpl code because it's free as in beer.) I hope linux doesn't add this clause, because that'd be a fun download to pay for.

    I'm also sure the network admins are going to love having to open up an extra port through firewalls and VPNs (maybe) so that my GPL3 server code can have its download code available. Which I'm sure will be secure. Oh wait, I should look at the code to audit it? Well, that costs money too. "waaah, you should be doing that anyway." well, yes, but now you just added another vector of attack to audit and lock down. anyway you look at it, it's an increased cost.

    This just opens up a can of worms. Just some quick, off the top of my head problems:

    1. If I have a 20 server cluster running, do they all need download points, or just one?
    2. If I limit downloads, am I violating the not modifying download clause? Have fun quantifying this one.
    3. Now we'll have to distinguish between GPL2, GPL3 w/download, and GPL3 w/o download. Joy. Esp explaining that up the chain.
    4. As above, "required" download ports or urls or any other mechanism are not going to sit well with security and network folks. Esp. when this server software might be behind several layers of security. Yes, even for a public site. Think a database server feeding a website. Or does that apply? Who knows?
    5. Two projects with download clauses are merged (say, a server and a plugin for that server). Two ports? If I merge them (if that's even possible), am I violating?

    All I see this doing is adding massive uncertainty, additional costs, and driving down the popularity of GPL licenses and software. It's a hard sell as it is now in corporate circles. Plus MS will just love this. Look how hard it is to get rid of the infected/viral meme. This will be worse.

  120. Missing something... by MattHaffner · · Score: 1

    While I understand what this new clause is saying now, what I don't understand is why the license itself is preventing a modification to the parent source. The freedom to create a modified work from a prior GPL licensed work and then explicitly enabling future modified works to be created from your public distribution of your modification was the whole point in the first place, wasn't it?

    Even if this new restriction helps maintain proper distribution in the sprit of GPL, it seems to me that placing any clause in the license that restricts your ability to modify the code (not the license/distribution/etc.) for a particular use becomes a slippery slope.

    Will you be prevented from using snippets of this GPLv3 web code (which contains a source download mechanism) in an application that has nothing to do with a web application? Let's say you distribute your new non-web app that has a random function collected from such a GPLv3 web app. You distribute your new app with this function under GPLv3 (as did the web-app who's function you're using) and provide source via traditional download methods. Now someone takes your GPLv3 non-web-app and turns it back into a web app. How are they supposed to know they are technically supposed to distribute their code (or just that function?) via some public user interface as the original function did?

    Again, I can kind of see some logic in the original thinking to not remove a author-created self-distribution mechanism, but the implementation and implication that code is now "tagged" somehow by GPLv3 to always be auto-distributable looks like a bad idea, at first glance to me.

  121. Re:Loophole?!? by giberti · · Score: 1

    The question isn't really a question about user vs developer, it's a question about intellectual property. Additionally, it's a question about what the web is providing the individual. Is it a product that the user is paying for or is it a service?

    In what I'll call "traditional" software you get something to put on your computer and interact with, modify and re-distribute as you see fit (including for money). Nowhere does it say that if you tweak a shared object library that you MUST re-distribute it, but rather, you must distribute the code if you sell your tweaked library to someone else. If it's for your own (or your own companies use) you can sit on the tweaks all you want, it's just not in the *spirit* of free software.

    --

    AF-Design, web development.
  122. Isn't this like compiler output by grahamsz · · Score: 1

    I see the output of a PHP application to be much like the output of a compiler.

    If i modify GCC to target a new platform, then i can use it in house all I like without releasing the source. I can even take binary output and give it to people. I only have to release the source if i want to start distributing my new compiler.

    Or did i miss something?

  123. Doesn't apply to web application source? by bfelder · · Score: 1
    "We're looking at an approach where programs used (on a public server) will have to include a command for the user to download the source for the version that is running...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."

    This change would have no effect on existing software but could be added by developers to future versions of a particular program...

    As I read it, there's no requirement here for the company to allow public download of the web application source, but to allow public download of the source of tools used on the site -- and only if those tools are modified. For example, if the site runs on a modified version of PHP, the site must allow the user to download the source to their modified PHP version.

    This requirement would apply only to a small fraction of the sites running PHP; and even they would not be required to disclose their web application source.

    Or am I missing something?

  124. GPL is not Hitler by billcopc · · Score: 1

    The fun bit about the GPL is that it's a voluntary license. You, as a developer, make the educated choice to license your work under the GPL. You don't HAVE to. You could make up your own license, and many do, when they don't agree 100% with the GPL. If the license is found to be a problem, then the people simple won't use it. If I am a developer, and some company wants to make use of my software but the license isn't quite compatible, I just might fix it if it's worth the sacrifice.

    Is it even legally enforceable yet ? Last time I heard, most judges couldn't tell the difference between GPL and the public domain, in part because the GPL's popularity rests on one rather eccentric man's reputation. Ask any geek who RMS is and only the Linux crowd *might* know. Ask anyone else and they will give you a dumb stare. As far as they know, the GPL doesn't even exist. There's also the debate over shrink-wrap licenses, some courts acknowledge them, some don't unless there's a signed contract around them. I think solving those worldly problems is more important than minor details on some guy's legal utopia.

    --
    -Billco, Fnarg.com
  125. DON'T USE IT by ACNiel · · Score: 1

    Just because the GPL3 comes out, doesn't mean you can't license your software with the GPL2.

    It also doesn't mean you can't use software that was originally released under the GPL2.

    Only license your software with the GPL2, and only use software licensed under GPL2, it really is that simple.

    And if you don't understand why you'd use either, and are only taking some pundit's word for it, you shouldn't be licensing software.

  126. Re:Devil is in the details (BAD SLASHDOT) by graveyhead · · Score: 1
    Devil is in the details
    Then try paying attention to them.

    ... is a very wide target.
    Possibly the only true statement in your post.

    If I have an (otherwise proprietary) web application that makes a call to a GPL3'd grep command then I'd have to distribute grep to people if they asked.
    No. No, no and no! First of all a) the current requirement is a linking requirement - if you linked your application to libGrep (is there such a thing?) you would be responsible for distributing *your* code under GPL; and b) the discussion here is about possibility under consideration of making this GPL requirement necessary if your application uses the output of a GPLd program. The only way you'd have to redistribute grep is if you forked the grep project for some reason and made your own modifications. And then you'd only have to give the source code to someone in a reasonable format *if they asked*.

    GPL3'd applications that aren't web-apps won't suddenly require distribution if they are used in a web-app, only applications coded with such use and distribution in mind will.
    This was never a requirement. We're talking about *your* code which wraps the output of GPLd programs - not someone elses code that you must redistribute. Wherever did you get that
    idea?

    Bad bad slashdot for modding up this tripe.
    --
    std::disclaimer<std::legalese> sig=new std::disclaimer; sig->dump(); delete sig;
  127. WRONG! by Anonymous Coward · · Score: 0

    The currently GPL does _not_ require that distributors of GPL modified code make such changes publically available.

    It simple requires that the changes be made available under the same GPL license to parties that the software is distributed to. So if I change a piece of GPL software and sell a copy, I only have to give a copy of the updated source to the party I sold it to under a GPL license.

    The effect of this is that the party receiving the updated source can then distribute it freely if they want to, but there is no guarantee that my changes will be publically available.

  128. Problem of GPL is not the license,but the quality by Anonymous Coward · · Score: 0

    First, this is not a troll. I want better software to make and use, just like you!

    As you can see all around you, the problem with GPL licensed products is not in the license (only SCO has a problem with it; this is marginal). The true problem is in the quality of code. Munich town hall, Mozilla disaster (version 1.0 after 5 years!), any large organization that tried to use GPL - nobody succeeded. It simply does not work. 99% of GPL applications that are miles away from the commerical programs. I know, somebody will say Apache or PHP, but these are exceptions, not rules, backed by companies with real money, so they can pay the docs and programmers.

    The source code is not omni-potent. How many of you know the Open Office source code? How can I include OpenOffice text processor as my default email writer? Why there is no proper support of the Office documents, even on the Windows machines (OLE loading there is a function of OS)? Why AbiWord or OpenOffice cannot open my Word document properly even if I save it under Word 97 version (format is available for inspection for 7 YEARS). Immagine if Compaq / Phoenix made PC BIOS with this tempo when building the first PC clone.

    Instead of making tougher limitations, why GPL does not focus a bit more on the required quality of the code, including comments, documentation and so on? And face it - communism is dead - we're all selling our brains for money. Except Red Hat, and handful of distro houses, who is making the money out of GPL?

    Instead of "politicalization" of GPL, make better code!

  129. True, this is not a free licence by Anonymous Coward · · Score: 0

    This is the largest problem with the proposed GPL v3. It should not be called GPL nor it should be called "free". The licence takes away the freedom to use the sofware and imposes restrictions to the data produced by it. Calling the licence GPL and passing it as "free" is an obvious underhanded tactic. Shame on RMS for falling that low. If he wants to create another, non-free licence, he should clealry mark it as such. Like NFPL (Non-Free Public Licence). That's the the only way for him to preserve his integrity.

  130. Re:Loophole?!? by Ziviyr · · Score: 1

    You don't seem to understand, that just because someone say, lets you in their house to take a dump, doesn't give you the right to start reorganizing their bookshelves. If you want to have control of the environment you take a dump in, get your own damn toilet, and put it in your own damn house.

    And less metaphorically, even if you had the source to gmail (which seems kinda like it was developed by google from the start) you could be denied knowledge of wether they send copies of your emails to bigbrother or delete every other incoming message on the fly because configuration files are not source code, and again it ain't your house so just deal with it (and get your fat grubby paws out of their goddamn fridge, or like, ask!).

    --

    Someone set us up the bomb, so shine we are!
  131. Brilliant! by cgreuter · · Score: 1

    Wow. Whoever thought of this is very clever. And I don't mean that in a sarcastic way.

    Consider:

    I have an idea for the killer web app. My plan is to write the app and release it under the GPL and, if there's some interest in it, make some money by selling hosting for it. There's money to be made that way because it's easier to just buy the service from me than to find hosting that'll let you run it yourself, but because it's GPL, you always have that option if I go out of business or raise my prices too much.

    Basically, it's the LiveJournal business model.

    So far, so good. I have an edge over my competitors because I also maintain the app itself. Users know who I am but don't necessarily know anything about the competitors.

    But my competitors also have an advantage over me. They can take my source code, spend maybe a tenth of the time and money I put into it and make a better product than me. If I were writing a word processor, this wouldn't be a problem--I'd just download their sources and cherry-pick their work into the main distribution. That's what Free Software is all about, after all. But with a web application, it's different because they're not distributing the app. They can screw me (and their customers) over by building a proprietary service on top of my work.

    The thing about the GPL, though, is that it doesn't in any way restrict the use of the program. It only affects modification and distribution (and this is the right thing, in my opinion). If they require websites to make their source code available, that would restrict use.

    So, cleverly, they add the clause that if the original program has a feature that lets you download the source code, you aren't allowed to remove that feature.

    Brilliant!

    1. It closes the loophole without affecting use.
    2. It lets the developer decide whether or not to make releasing source code mandatory without modifying the license.

    So if you want website operators to make the source code available, you can. But if you want them to be free of that requirement, you can do that too. It's the developer's decision and this leaves it there. Frankly, I don't see what anybody's complaining about.

    (Disclaimer: I'm not actually a Free Software advocate.)

  132. RMS: Man or Myth by syncomm · · Score: 1

    This change is going to be a "bad thing" *period*. This whole issue makes all of Microsoft's old "Hallloween" FUD, look like a frightening prophesy. The community should pressure them to stop this whole mess before it is too late. Without stirring up too much bitterness, lets remember how we _really_ got into having the two major Linux desktops today: RMS + GPL vs KDE. It played right into Microsoft's hands; divide and conquer. The lack of truly great apps is now punctuated by the number of redundancies in the offered software -- all because of that one crucial moment. Now, here we are again. There will be a split and it will hurt us. There will be factions who chose not to go over to the "other side" and become true software communists. There will be forks. Businesses will choose not to use Linux. Steve Ballmer will not throw his chair.

  133. RMS Turns GPL Suicidal by Anonymous Coward · · Score: 0
    As if there weren't enough confusion about FOSS licenses!

    This will drive 20 nails firmly into the coffin of GPL license. Only extremists will use GPL3, so it will be easy to tell what software to use - avoid anything with GPL3.

    Thank goodness for sane licensing: LGPL, MIT.

  134. Re:Loophole?!? by Pendersempai · · Score: 1

    Well, okay, I agree that this is often the case. A document retrieval script, for example, does nothing more than serve documents which the end user browses. In that case I agree that the web surfer is not "morally" the user of the software; that instead, the guy who owns the server is the user.

    But take the case of complex financial software that helps the user do all sorts of esoteric financial and strategic tax planning. I think you'd have to agree that the person who enters the necessary parameters, gets a result, tweaks the parameters slightly to try different strategies and so forth is "morally" the user in this case. Putting it on the web so that the user doesn't need to physically install the software on his own computer does not make him stop being the user, I think. He's still engaging in a complex interaction with the software, and that interaction is his purpose for visiting the website.

    So we take it one step further. Take ANY OSS program and put it on a server. Granted, the bandwidth requirements for some programs make this infeasible, but plenty would work fine. Should this technical, morally irrelevant step of delivering only results rather than the package itself really exonerate the distributor (i.e. owner of the server) from making the code available? I think it shouldn't. Otherwise you could imagine a company putting a program like GIMP online -- maybe not now, but certainly if bandwidth becomes cheaper -- just to get out of the source distribution requirement.

    So, if you need to make a blanket rule, I'd say you should err on the side of safety. Make everyone distribute the code, even if it's just serving documents, so that you don't open a tremendous loophole that might ultimately defeat the GPL and allow commercial interests to de facto transform open software into proprietary software.

  135. GPL gives unfair advantage to web app developers by I'm+Don+Giovanni · · Score: 1

    The problem with GPL (both GPL 2 and the currently proposed GPL3) is it gives an unfair advantage to companies that develop web apps over those that develop apps run locally.

    Suppose one company uses GPL code to make a word processor that runs locally on the user's computer. Suppose another company uses GPL code to make a word processor that runs remotely through the user's web browser. The first company would have to distribute its code and thus hurt its ability to charge users for its product. The second company would NOT have to distribute its code, and can therefore charge for use of its word processor just like any closed-source company could, even though the word proceccor was made with GPL code.

    Do you see the problem here? Just yesterday there was a slashdot thread talking about more and more software becoming apps stored on a server run through a browser. As this phenomenon grows, the GPL becomes less and less effective because such apps aren't affected by GPL.

    For example, Microsoft (whom many here hate) could use GPL code to make web apps, charge users for the use of those apps, and NOT distribute the code.

    --
    -- "I never gave these stories much credence." - HAL 9000
  136. GPL3 Requires DDOS Self-Destruct Button? by Anonymous Coward · · Score: 0
    Yeah, right! Like when everyone browsing Google hits the GPL3 "download this software" button and brings down the Internet. Might as well put a "Stab Me" sign on your back.

    We need a Van Helsing to put RMS him back into his coffin. Seems like every 6 months he climbs out at night and starts to terrifies the citizenry.

  137. Advertising clause? by spitzak · · Score: 1

    I understand the proposal and it is not as dangerous as the FUD-masters say (in particular the proposal is meaningless unless the original author inserts a "download the source" feature).

    But there seems to be a huge problem. Currently the GPL is just an exception to copyright law, allowing the receivier to do something with the code that they would not normally be able to do because of copyright. It does not prevent the user from doing anything that is not restricted by copyright or other laws. This makes the GPL completely legally bulletproof, because if it was invalid the result is that the user is only allowed to do *fewer* things.

    But as far as I know, modifying the program for your own use in any way does not violate copyright law. So there is no way the GPL can enforce this without itself becoming some kind of contract, legally requiring signing by the parties involved, since agreeing to it actually reduces your rights.

    Isn't this the same problem that force the "advertising clause" to be removed from BSD software so that it could be compatable with the GPL?

  138. I smell a vulnerable 2006+ by kiehlster · · Score: 1

    If everyone including web developers are forced to release their code under GPL3, then this spells out hell for 2006 and beyond seeing as it gives hackers a nice giant heap of code to plow through and crack into commerce and other data sensitive web operations. Just think, GPL3 comes out in 2006 and by 2007 massive amounts of developers release under GPL3 and now hackers can have their way with boat loads of code that may or may not give them access to credit card info among much other sensitive information. I'd rather stay on GPL2 and forget about some license that's going to force me to release all this code that I hacked together to get some software running. It'd take months to go through it all and remove any possible holes in some code I've seen.

  139. GPL about control, not freedom by geekee · · Score: 1

    Every time someone talks about the GPL being about freedom of speech, I need to assume his thinking skills are seriously impaired. GPL promotes control, not freedom. It adds a set of restrictions to code you modify and then wish to redistribute. Adding restrictions does not create freedom, but instead control by the original author in the way his code can be used by other coders.

    The only people who were free to do whatever they want with the code were end users who had no intention of redistributing modified code. So GPL3 is addressing this "loophole" by saying if other people are using your code running on your web server, they must have source code access. Thus, a code user has been more broadly scoped in order to extend the control of GPL.

    In the future more such indirect uses of code will be indentified to increase control of GPL. Why? In the end people have selfish interests in obtaining power. GPL is no exception, but instead a perfect example of the selfish nature of people. This isn't a bad thing, since many great things have been accomplished by self-interested people. But quit lying about your altruistic motives.

    --
    Vote for Pedro
  140. Re:Loophole?!? by Anonymous Coward · · Score: 0
    "Should this technical, morally irrelevant step of delivering only results rather than the package itself really exonerate the distributor (i.e. owner of the server) from making the code available?"

    Yes. That OSS application is still available elsewhere for the user to download if he wants it. If, however, he simply wants to use my copy of it, which I've made available on my website, why should I be forced to provide him with source code. I'm not distributing it.

    If you come over to my house and ask to use my computer, which is running Linux, should I be forced to provide you with the Linux source code? If you ask, and it's not too much hassle, I'm sure I would provide it, but why the hell should I be required to provide it?

  141. mod up, GPL becoming EULA by geekee · · Score: 1

    Exactly, the GPL is changing from a contract based on copyright to a more general EULA. Modifying code and running it on your web server is not a copyright violation, but GPL still wants their contract to impose restrictions on how this is done.

    --
    Vote for Pedro
    1. Re:mod up, GPL becoming EULA by spitzak · · Score: 1

      More like it is turning *into* a contract. It was a license before this.

  142. You're wasting your time by Anonymous Coward · · Score: 0

    The troll you're arguing with is just trying to justify flawed arguments with half-truths and misrepresentations of what you might have said in a pathetic attempt to make it sound like he's right.

  143. Re:Loophole?!? by IpalindromeI · · Score: 1

    Nevertheless, I would prefer it if GMail were GPL v3

    Regardless of what you prefer, we're talking about copyright licenses. An addition like the one proposed would take the GPL from being solely a copyright license into the realm of being a usage license as well. Usage licenses are not on very firm legal ground, and most people object to them when they understand what they represent.

    This addition would be tantamount to the GPL dictating software features (like the feature that allows users to download the source). I wouldn't go anywhere near code licensed like this. If I want to use some GPL'd code, I don't want to be forced to include any certain functionality just because of its license.

    --

    --
    Promoting critical thinking since 1994.
  144. Bravo Stallman! by wikinerd · · Score: 1

    Bravo, Richard M Stallman! After GPL3 comes out, I will be the first to include the command "download source code" in my Web-based software, so with GPL3 corporations should never remove this command, and this is a good thing. To the folks that say that GPL is about control and not freedom: GPL is about the freedom of the user, and the user wants to have the source code, even on a Web-based application.

  145. Google? by p.rican · · Score: 1
    If I parsed the story correctly, would the GPL3 require Google to release any modifications it's made to linux kernel for their data mining applications? It doesn't distribute GNU/Linux, but uses it to offer a product/service.

    If that's the case, then rms has lost his marbles. Any sort of good standing that gnu/linux kernel usage had in corporate server rooms will be lost as well.

    I hope I'm just not understanding this correctly, but if I do, then the GPL will become just as viral as the regular FUDsters make it out to be. That's not a flame, just my observation

    --

    /. --"Demented and sad....but social" -Judd Nelson

    1. Re:Google? by aldousd666 · · Score: 1

      no you're right. That's basically the whole point of this thread.

      --
      Speak for yourself.
    2. Re:Google? by Anonymous Coward · · Score: 0

      You're right. It would lose good standing with corporations who modify the code for profit and don't give their changes back to the users of the code.

      Interestingly enough, that's the WHOLE FUCKING IDEA. Why the hell do I care if Google uses Linux otherwise?

  146. Ask Richard Stallman? by Anonymous Coward · · Score: 0
    Hey Taco, can we get an Ask Richard Stallman? I think this particular topic (GPLv3) will probably wind up being 3-4 of the questions. Even if there's no guarantee he will answer, I think it would do the slashdot community good to actually phrase all of our speculation into questions.

    I'll start by proposing the question:

    What is the true intent of adding the new clause that appears to require website administrators to release their private changes to GPL'd code? By this I mean two things: what's the real motivation, and what do you hope to achieve? Please be sure to address our concern that this will cause widespread rejection of the GPLv3 in favor of the GPLv2 (read: slashdot readers represent the population of rabid fans of the GPLv2, but we won't give the GPLv3 a 2nd thought unless you adequately explain your position).


    If we get real the real facts, then maybe we can stop our blind speculation.
  147. Time for Stallman to go by Anonymous Coward · · Score: 0

    This would make GPL-based products unusable for service-based business plans. First companies adapted to the GPL with a service model, now there's a taking of their trade secrets? Time to have someone who's lived outside of university walls to run things. Maybe someone like ESR. Stallman's mental problems are an embarrassment to the community, and now he's a communist. I like Linux and the GPL but this would make me recommend Windows

  148. Cra-z like a fox by Anonymous Coward · · Score: 0

    I hope someone is paying attention to the fact that a serious number of open-source developers are leaving GPL in droves because it is already too restrictive. What's next, requiring users to publish every line of code running on Linux? A lot (if not most) code changes that GPL PRACTICALLY restricts are stupid customizations that allow someone to make a living, not some generic improvement to the code that people gladly contribute back anyways.
    The only useful thing I see about GPL is dual-licensing option, e.g. XPDF.

    max khesin.

  149. Is he now trying to destroy the GPL? by Anonymous Coward · · Score: 0

    I think he has gone from an innovative fellow with a fresh idea to some nutcake who just went over the deep end. To say that if I, say, use phpbb for technical support for my company, and I, say, extend search capability but do not redistribute the code anywhere, GPL3 would require me to release the code?

    Likewise, if I develop OpenDocument forms and macros created in OpenOffice for internal use, if OOo moves to GPL3, then I'd be required to release my forms and macros to the public?

    And, if I use an open source commerce system to sell product, if that open source system is licensed under the GPL, not only would I have to give up custom business logic, but look and feel as well since it is a work produced using an open source project, and give it away FREE to competitors?

    Likewise, if I develop a web app using Kdevelop/Quanta+, according to GPL3 it would be a derivative work and cannot be a proprietary program that I can sell or use to my own advantage?

    If I were to develop a search engine that is massively, transparently, and reliably clusterable, and uses say, the Linux kernel as its base, and I've extended the kernel to enable that fault-tolerant capability on a massive scale across thousands of servers, I'd be forced under GPL3 to release that source to competitors (MSN, Yahoo, etc.) even though I wouldn't be distributing the product but only offering a service? (Google is the obvious example here)

    You are providing exactly the ammo that Microsoft has been claiming in their FUD about open source all along. That is exactly the kind of viral effect Microsoft claims the GPL causes - and up to now Microsoft's FUD is a pure lie, based on GPL1 and GPL2, but if this is actually going to be what GPL3 brings, you've now destroyed any compelling incentive to use open software, leading people right to the Microsoft Windows/Office/Dev Studio shackles, or at least abandoning GPL for BSD, which leads to abuses such as outfits like Microsoft leeching tons of others' work and releasing it as their own (TCP/IP stack, upcoming Monad, and WinFS, which I suspect is based on ReiserFS).

    Congratulations RMS, you've become a Microsoft tool, whether you realize it or not. We need an alt.rms.eat.shit.and.die.die.die newsgroup now! ;)

  150. Read my lips by Anonymous Coward · · Score: 0

    That'll be the end of GPL3. Of course I can still release code under GPL2 for another 100 years.

  151. hmm by mattyrobinson69 · · Score: 1

    if i write a website in php, the php i write is not the application executed by the user. The php would create the application for the user, not be the application for the user.

    i know php is a bad example as its php license licensed, but you get the gist...

  152. RMS will invoke DMCA? by Rojar+North · · Score: 1

    I can see no other law that would make GPL3 enforceble. GPL3 based on DMCA is combination that will make a lot of people barf. Open Source is a lot saner movement than FSF, this whole dicussion proved that much.

  153. Re:Loophole?!? by Minna+Kirai · · Score: 1

    The "remote user" is not a user of the software, they are a user of the result of my use of the software.

    So, you're claiming you have never used Slashdot or even Google Search. Sure. That makes lots of sense.

    The "remote user" is not a user of the software, they are a user of the result of my use of the software.

    The "local user" is not a user of Windows XP, they are a user of the result of Windows XP, such as VGA signals to the monitor.

    If I hadn't set it up, they wouldn't be able to see the results.

    Some desktop PCs have software installed by the IT-department, instead of the PC's assigned operator. But it's the guy sitting at the PC who is using it, not the IT contractors who may be back in India by this time.

  154. This is NOT a loophole by MikeBabcock · · Score: 2, Interesting

    Just as code generated by a GPL'd compiler should not be inherently under the GPL, nor should a document created with a GPL'd word processor be automatically GPL'd, the web sites served by a GPL'd web server need not be automatically GPL'd.

    --
    - Michael T. Babcock (Yes, I blog)
  155. Cretin by Chuck+Chunder · · Score: 1
    Then try paying attention to them.
    Why don't you try paying attention.

    The OP talked about a theoretical GPL3 where "websites running GPL software being required to release their source code". I was pointing out how such language was very far reaching and the language Richard used was far more limiting in reach.

    Expounding upon your understanding of the GPL2 is irrelevant to this discussion, as we are talking about a GPL3 and the additional language it may hold.
    This was never a requirement.
    Never? We are talking about a no-yet-existing GPL3 and the language it might have. I don't know what the fuck you are talking about.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  156. Dear fucktard by Chuck+Chunder · · Score: 1
    Huh? There's only a requirement to GPL your code if it's linked to GPL'd code. You're not linking your program with grep, because grep isn't a library.
    We are talking about a theoretical GPL3 and additional language it may have. What the GPL2 says is not relevant to the discussion.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  157. Ah, INGSOC! by Money+for+Nothin' · · Score: 1

    More social control from a supposedly "free as in freedom" license, I see.

    *dons flame-retardant suit*

    Apparently you can't have a free people and get them to do what is "good for the community" without forcing them to do so. [1]

    Remember, freedom is slavery kids...

    [1] Not that this comes as a surprise to anybody who has studied socialism and/or communism. It's the same problem of "freedom and community good vs. social control to enforce the goals of the community" all over again, but rather than occurring in international politics, it is occurring in the virtual politics of end-user license agreements.

    (As long as I'm at it: go BSDL!)

    1. Re:Ah, INGSOC! by james_gnz · · Score: 1

      As much as this draft of the GPL 3 may be a bad idea, it is not as harsh as the standard commercial end user licence, which seeks to regulate what you can do with software in the privacy of your own home even if it has no effect on anyone else. If this draft of the GPL 3 is licence Communism, then we already have licence Nazism in the form of commercial licences.

    2. Re:Ah, INGSOC! by Money+for+Nothin' · · Score: 1

      Oh, I agree that current EULAs are about as Nazi-ish as a EULA can be.

      I just wish RMS and the community that likes the GPL so much would not wish to emulate commercial EULA Nazism...

  158. you sort of had me until... by subtropolis · · Score: 1

    I use linux because I happen to think it's far, far better than Windows, thanks.

    --
    "Our interests are to see if we can't scale it up to something more exciting," he said.
  159. I've got mine. (or have I?) by james_gnz · · Score: 1

    Ok, so if someone allows me to use software installed on their computer (corporate computer, web server, ISP, koisk, leased computer / TV-top box, etc.), and they derived that software from someone else's GPL 2 licenced software, then it's not been distributed to me, so they don't have to give me the source code.

    I can see how that could become an issue. But then if I'm depending on someone else's computer, then that could become an issue anyway. And trying to prevent the former issue could get complicated.

    What if I've been allowed to work on source code on someone else's computer? This hasn't been distributed to me either?

    If they've allowed me to install the software on my computer, then it has been distributed to me, and they do have to give me the source code. The GPL 3 aims to clarify requirements or fix loopholes to prevent the source code being rendered less useful through patent restrictions, DRM, etc. This sounds like a good idea.

    As to using software on someone else's computer, perhaps it would be more practical to instead add a restriction that the server/koisk/computer, etc. display a message like "This [whatever] is the property of [whoever]." This would stop people from falling into the trap of thinking "this is my TV-top box", if it's on perpetual lease or something.

    I don't know under what particular circumstances it would be sensible to require this message, and what to do with e-mail servers and the like that can't display the message. Anyway, just a thought.

  160. Re:It won't effect the average user by Ooble · · Score: 1

    Just a quick reminder: Quake III uses OpenGL.

  161. I told you by Anonymous Coward · · Score: 0

    Didn't I tell you you were wasting your time with that troll?

  162. Re:It won't effect the average user by TetryonX · · Score: 1

    Oh right. I forgot about that. It's been quite a long time since I've used quake3 so I forgot (woops).

    Even still, I could add more steps if I specified that the videocard was a Voodoo2 or other things like that. The point I was getting at is with current distribution of operating systems, linux is pulling ahead with some, I repeat SOME, features, but I suppose windows is doing the exact same thing. An example would be default sound support in today's distributions of linux vs. Windows. Course, windows easily kills that statement with "you still oversample +20db when you set 100% to all channels...". Windows is pulling ahead of linux, still, with its ease of use, and is playing the catch up game with system stability (I suppose that when you hardly reconfigure repeatedly it would work fine, but I am a performance freak... I perhaps tweak too many services/settings and windows finally throws in the towel). That ease of use thing, clearly shown in gnome 2.10... Why the HELL does it have to open the parent folder when I type in the name of the app to associate an application with MIME in firefox? Typing in /usr/bin/xine should just be like "Hey! it's a +x file! Try to with that!" but nooooooo that stupid shit dialog has to parse my entire /use/bin directory (a good 45 seconds) and THEN select xine EVERYTIME I try to open a avi file where the server doesn't send a mimetype (since firefox in linux is a bit retarded about remembering mime/file association settings in 1.5/1.0.x). ... err a bit offtopic, but a much needed rant anyhow.

    --
    [!] No, I can't see my comments. They are not worthy of +3 moderation.
  163. What about Windows, then ? by Anonymous Coward · · Score: 0

    Yes, and copyright law is on my side. It recognizes that if a big company buys a single copy of a book and hands out photocopies for all their employees to use on the job, they have infringed copyright by distributing unauthorized reproductions.

    Sure i cannot buy 10 copies of Windows, Delphi, Oracle, etc and install it on 20 computers for 20 users. That software (same as the book) is not GPLed.

    But i can purchase 10 boxes of Debian Linux, and then install it on 20 machines. Debian Linux is GPLed.

    Going back to, say, RedHat Enterprise - then it contains not-GPLed software and i cannot that software on more than 10 computers. The rest of RHEL - i can distribute to 20 PCs.

  164. GPL can be enforced by Anonymous Coward · · Score: 0

    ...but indeed it is quite uneasy to caught the thief red handed.
    Although projects like XVid and NetFilter managed to do it several times.

    http://gpl-violations.org/about.html#why

  165. What about bugs/flaws? by click2005 · · Score: 1

    If the license requires sites to publish the source code of the GPL software used, won't this make it easier for trouble-makers to see exactly what version/revisions of the software you're using and which bugs/flaws are still unpatched?

    --
    I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.