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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."

24 of 574 comments (clear)

  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 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!
    2. 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.

    3. 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.
    4. 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.

    5. 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.

    6. 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"?
    7. 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!
  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.

  3. 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.

  4. 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 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. 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?
  6. 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.
    --
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    Internet Explorer is obsolete. Please upgrade to Google Chrome or Mozilla Firefox.
  7. 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.

  8. 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
  9. 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.
  10. 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.

  11. 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
  12. 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.

  13. 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
  14. 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'
  15. 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.