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Nessus Closes Source

JBOD writes "As reported at news.com, the makers of the popular security tool Nessus are closing its source code. Although it will will remain free as in beer, Nessus is dropping the GPL license for the upcoming version 3 of the software. The problem appears to be that Tenable Network Security (the company which primary author Renaud Deraison founded around Nessus) isn't making money because it's competition is simply repackaging their product. Deraison's writes "A number of companies are using the source code against us, by selling or renting appliances, thus exploiting a loophole in the GPL. So in that regard, we have been fueling our competition, and we want to put an end to that." He also notes that the OSS community has contributed very little to Nessus in the past six years, so they were reaping no benefit from using the GPL." Update: 10/06 22:48 GMT by CN : Nessus' Renaud Deraison wrote me to let me know that the company is "good money-wise," but has become annoyed with competitors repackaging their product.

394 comments

  1. GPL Considered Dangerous? by (1+-sqrt(5))*(2**-1) · · Score: 4, Informative
    To that end, I've become an early adopter of the Artistic License 2.0, Perl 6's upcoming license. From the preamble:
    This copyright license states the terms under which a given free software Package may be copied, modified and/or redistributed, while the Originator(s) maintain some artistic control over the future development of that Package (at least as much artistic control as can be given under copyright law while still making the Package open source and free software).
    1. Re:GPL Considered Dangerous? by ToasterofDOOM · · Score: 2, Insightful

      I have always liked the Artistic License, it is very business friendly. I think that, for many cases, it is just the right balance of freedom and control.

      --
      I am Spartacus
    2. Re:GPL Considered Dangerous? by Directrix1 · · Score: 1

      Just a question. Even for what little contribution people made to it. Wouldn't they have to reprogram every contribution or ask every person if they can change the license of their submitted code?

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    3. Re:GPL Considered Dangerous? by zootm · · Score: 1

      That actually looks like a really good licence. Nice stuff!

      Is there anyone around to point out the "shortcomings" of this, compared to GPL?

    4. Re:GPL Considered Dangerous? by LordoftheWoods · · Score: 1

      They said they have few outside contributions; they could just rewrite the code by people who won't relicense.

    5. Re:GPL Considered Dangerous? by arc.light · · Score: 1

      The Reciprocal Public License (RPL) is similar to the GPL, but it requires source code to modifications to be released even if the modified software is not redistributed. This was meant to close a perceived loophole that gave large organizations an advantage over others; a large company may have the resources to hire its own programmers to modify GPLed code, and would get considerable value from the modified code by using it throughout the company, but wouldn't have to release the source so long as the modified code wasn't distributed outside the company.

      I think that would have defeated the scheme of selling or renting appliances with modified GPLed code on them.

    6. Re:GPL Considered Dangerous? by Nasarius · · Score: 4, Insightful
      the Originator(s) maintain some artistic control over the future development of that Package (at least as much artistic control as can be given under copyright law while still making the Package open source and free software).

      Is it just me, or is this bafflingly ambiguous? I'm sure if I read the whole thing it would be clear, but I have no idea what that sentence is trying to say. I'll just stick with BSD for now.

      --
      LOAD "SIG",8,1
    7. Re:GPL Considered Dangerous? by Lussarn · · Score: 1

      If I understand your comment correctly the license (RPL) does in fact place restriction of the use of the code effectively being a form of EULA. Is that really enforcable anywhere? The GPL only comes into play when distributing, the RPL comes into play when you change the code. There is a big difference and I think the GPL is a better choice.

    8. Re:GPL Considered Dangerous? by arc.light · · Score: 1
      If I understand your comment correctly the license (RPL) does in fact place restriction of the use of the code effectively being a form of EULA.
      No, if the end-user makes no changes to the code then the end-user faces no restrictions. The restriction occurs only if the end-user modifies the code.
      Is that really enforcable anywhere?
      I don't see why not. It's a condition placed on the work by the copyright holder. Don't like it? Don't use it!
      The GPL only comes into play when distributing, the RPL comes into play when you change the code. There is a big difference [...]
      I guess you could look at like this: a 20-person company probably doesn't have the resources to make substantial changes to GPLed code offered by someone else. A 20,000-person company probably does. When the big company makes changes to the code and their 20,000 employees use it, they are effectively distributing it. It's just that the distribution is limited to inside the company. The RPL closes that hole.
      [...] and I think the GPL is a better choice.
      Okay!
    9. Re:GPL Considered Dangerous? by TheLink · · Score: 1

      So copyright holders can have arbitrary legally enforceable conditions placed on a work?

      Like making users to hop on one leg in a public place and howl at midnight whenever there's a full moon for 1 minute if they want to use your stuff?

      I've always wondered about that.

      Interesting if that is true.

      --
    10. Re:GPL Considered Dangerous? by NDPTAL85 · · Score: 1

      Isn't the RPL a we bit impossible to enforce? How is anyone outside of a company going to be aware that the source code to a piece of software was modified? Even in a 20,000 company or even a 200,000 person company only a very few are going to be programmers. Wouldn't you say the RPL is more idealistic than realistically effective and enforceable?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    11. Re:GPL Considered Dangerous? by LaCosaNostradamus · · Score: 1

      The RPL is no more or less impossible to enforce than any law upon an internal corporate process. Such cases are broken open due to a snitch, and then there is the legal process of "discovery", and then the corp is screwed.

      You might as well critique corporate laws as beign equally idealistic.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  2. GPL Kool-aid by Liselle · · Score: 1, Interesting
    "A number of companies are using the source code against us, by selling or renting appliances, thus exploiting a loophole in the GPL. So in that regard, we have been fueling our competition, and we want to put an end to that."
    Call me crazy, but since they can close the source, doesn't that mean they can release the source under a license that doesn't have this loophole? Barring that, they can roll their own. I guess maybe this is some kind of "magic loophole" that their lawyers are powerless to prevent.
    "...they were reaping no benefit from using the GPL."
    Free as in beer is cool and all that, but if one excuse for dumping GPL is that they aren't getting any benefits in the way of free code, I guess they weren't really drinking the Kool-aid in the first place, eh?
    --
    Auto-reply to ACs: "Truly, you have a dizzying intellect."
    1. Re:GPL Kool-aid by Mr.+Underbridge · · Score: 5, Insightful
      Free as in beer is cool and all that, but if one excuse for dumping GPL is that they aren't getting any benefits in the way of free code, I guess they weren't really drinking the Kool-aid in the first place, eh?

      That's *the* valid excuse. They were in fact drinking the kool-aid - they believed that by contributing to the codebase, that it would make everyone's project stronger. As it happened, they kept giving and the competition kept taking. The community didn't give back.

      I agree, though, they could have written a license that gave other companies the right to reuse the code for non-commercial uses only, and that would have been a better compromise.

    2. Re:GPL Kool-aid by Arandir · · Score: 1

      I don't understand why they can't go the Aladdin route, and GPL their old versions while keep the new cutting edge stuff proprietary.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    3. Re:GPL Kool-aid by exi1ed0ne · · Score: 1

      They are. Nessus 2.X will remain under the GPL.

      --
      Pessimists.net - as if life wasn't depressing enough.
    4. Re:GPL Kool-aid by Philip+K+Dickhead · · Score: 2, Informative

      It is a plot.

      Along with the MOSSAD aquisition of Snort/Sourcefire.

      --
      "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    5. Re:GPL Kool-aid by Cheapy · · Score: 1

      "Free as in beer is cool and all that, but if one excuse for dumping GPL is that they aren't getting any benefits in the way of free code, I guess they weren't really drinking the Kool-aid in the first place, eh?"

      Or maybe they simply took the advice of Slashdot, the advice that is often said whenver a company sees no use in releasing their software under the GPL or a similiar license, that if you release it, people will help add to it. It being open source doesn't mean people will help update it.

      Obviously, this was not the case with this company, and if their competiters were just taking the code and using that, they would be losing far more than they were gaining by releasing the source code as well.

      --
      Would you kindly mod me +1 insightful?
    6. Re:GPL Kool-aid by Anonymous Coward · · Score: 1, Interesting

      they kept giving and the competition kept taking. The community didn't give back.

      Heh, every once in a while I think, "I should really contribute something to the OSS community because their efforts have helped my business so much." It's usually followed by, "Nah, I need to concentrate on keeping my business alive."

    7. Re:GPL Kool-aid by Anonymous Coward · · Score: 1, Insightful

      The problem there is that there's no way to police compliance in an effective manner with the vast number of places trying to sell their own network scanning box.

      I applaud Tenable Security for making a decision to support a business model that works instead of one that doesn't.

    8. Re:GPL Kool-aid by johnnyb · · Score: 1, Insightful

      I think that they never understood the _point_ of free software. The point of free software is not the $0 price tag, it is the _freedom_ that it brings. It isn't shared access to the CVS repository, it is the freedom for the customer to be independent of the vendor.

      Let's look at a better compromise in terms of the _actual_ goals of the GPL:

      1) keep the CVS repository to yourself
      2) never give out the software for free, EVER
      3) primarily provide the software as part of a larger turn-key system
      4) keep the GPL license

      This means that no matter what, their competition is ALWAYS a step behind them release-wise. It also means that their competition is a paying customer. This means, if the ripper-offers are still causing them trouble, they can just up the price -- after all, it would wind up that the ripper-offers would be the ones paying, not the end customers, so they would be paying for development, not software.

      Basically, it is not free-software nor the GPL to blame necessarily, but free software done stupidly.

    9. Re:GPL Kool-aid by eric76 · · Score: 1
      they could have written a license that gave other companies the right to reuse the code for non-commercial uses only, and that would have been a better compromise.

      Kind of like Trolltech's license approach for Qt.

    10. Re:GPL Kool-aid by chronicon · · Score: 1
      Loophole? That is such a funny choice of words for rationalizing the switch away from the GPL. Tell me they didn't know when they released the initial versions of their code under the GPL that other folks could and would "repackage" it (I suppose that means, in one case, including it with any number of distros).

      This is no "loophole", this is the GPL. Free as in speech, free as in beer, free...

      Whining about it years later because you're not getting rich off it doesn't really seem like an honest answer to the question, why close the source, does it?

      As long as everyone who contributed to the code over the years is cool with changing the license to closed-source then go for it--but don't play it off like it's the community's fault that your company isn't listed in the Fortune 500. Right?

      MySQL maintains a dual-licensed scheme and it seems to work fine for them. Dansguardian does something similar. What's the problem here?

    11. Re:GPL Kool-aid by massysett · · Score: 5, Insightful
      I suppose everyone is entitled to his understanding of the purpose of the GPL, but it was not my understanding that the GPL is about having a community make free improvements to one's software. My understanding is that the GPL is about giving users freedoms, not about community giveback. The FSF seems to agree.

      The FSF says nothing about the GPL and community giveback. It says only that the GPL exists to give users freedoms to use and modify software. Indeed, "The freedom to use a program means the freedom for any kind of person or organization to use it on any kind of computer system, for any kind of overall job, and without being required to communicate subsequently with the developer or any other specific entity." (emphasis mine)

    12. Re:GPL Kool-aid by Anonymous Coward · · Score: 0

      The take, take, take thing is what IBM were doing with OpenOffice which is exactly why Sun dropped the SISSL license. Oh, am I allow say that IBM steal?

    13. Re:GPL Kool-aid by Delphiki · · Score: 1

      Holy shit. You're kidding right? The only benefit they get out of this is that their customers can modify the code once they get it, if they want. Nobody can help develop the application, but once they distribute it, their customer can modify it and sell it as part of their own system or just distribute it for free to whomever they want. And how far would they be behind in releases, really? Every time a new version comes out they just have to buy one or convince someone who bought one to send them a copy and then they can make their own. Plus your proposed better compromise severely limits the ways they can use their software. They certainly couldn't distribute it for free as they're doing now, so I dont' see this as being a benefit to users either. But hey, everyone would be free to distribute it to anyone they want except for the actual developer.

      --

      Feel free to mod me "-1 - Angry Jerk".

    14. Re:GPL Kool-aid by Mateito · · Score: 5, Insightful

      I agree - in principle - but principle doesn't put food in your mouth or pay the rent.

      These guys did a wonderful job. Six years contributing to software that was obviously so good that other people could make money off it. Its one thing to work on an open source project in your spare time, or to be employed by one of the few companies that can leverage free software to make money, but these guys aren't. So unless you are working on the kernel, on samba or one of maybe a dozen other projects, you can't give up your day job.

      Maybe by closing the source, one of their competitors will buy them out and they will have enough money to live on and write open source code. Rather than berating these guys for leaving the fold, thank them profusely for the six years of hard work.

      If you don't like it, fork it. Once GPLed, always GPLed, and only V3 and above is going closed.

    15. Re:GPL Kool-aid by Anonymous Coward · · Score: 0

      They aren't just taking this route, they have to take it. They can't change the license for software which has been released already unter a different license which doesnt bla i am too sleepy to continue license writing permits copyinaaaaaaaahhhhh... :O

    16. Re:GPL Kool-aid by SerpentMage · · Score: 3, Insightful

      Open Source cuts into software revenue whether we like it or not. If somebody expects to Open Source their product and then earn a living from selling licenses, well they don't understand Open Source. Actually I tend to think they are living in a dream world! The key to Open Source is added value, and not sales of software. Obviously their competition understood that and created devices!

      Their call that using devices is a GPL loophole is pure BS. If somebody sells a device with the software and does not make any changes then they are entitled to that. If they change the sources then the sources have to be made available and I am sure that they did. The point is that somebody was clever enough to create a device that maybe they should have in the first place!

      Here is a question, if the person's competition was making money on GPL, why couldn't he? Oh yeah he wanted to sell software and only sell software! Here's my prediction, that he will bankrupt himself after close-sourcing the software and blame it on the Open Source community!

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    17. Re:GPL Kool-aid by timeOday · · Score: 4, Interesting
      Maybe by closing the source, one of their competitors will buy them out and they will have enough money to live on and write open source code.
      Maybe, and you can't blame them for changing strategies when status quo fails.

      But sometimes I think the authors of popular open-source software see their user base and think "gee, what if I had $59 from each user!"... when in fact, "free" is their main competitive advantage and the only reason they have users in the first place. Charging for software licenses might save them, but it might just wipe them off the map.

    18. Re:GPL Kool-aid by Anonymous Coward · · Score: 0, Flamebait

      God damn you. 15 years ago no one gave a shit what was open source and what wasn't. if you found source code, you rejoiced and used it. otherwise you LEARNED HOW TO DO THINGS. who cares that we have .net and java that can turn out a fully functional program in 25% of the time. have you seen the source code for most of these programs? pretty shitty in my experience.

      These people don't understand how to performance enhance their code. Example: the linux kernel. Open source and exteremely buggy for the first 9 years of its life. It just recently became a halfway decent competiter. Now tell me why it takes 9 years for linux to mature and a team of 12 can release an entire os in a few months. Tell me why there still hasn't been a decent open source desktop/windowing system replacing X, yet a single developer can write a preemptive multiprocesser os with a GUI and a primitive userland in a few months.

      Open source is not a movement. If someone wants to release their code, fine they can. Don't sit there and hawk on people for changing their philosophies. In an application I am developing right now, I have no plans to release the source code. I know my program is of good quality and I will let people pay for the priviledge of using it. Later when I've made a significant amount from it, then I'll release it to the wild for the vultures. If I see a few vultures reselling my work, and other vultures are flocking to them.. you better believe i'll cut those vultures off and make them pay me premium for my work.

      In closing, go smoke a choad with rms.

    19. Re:GPL Kool-aid by lowe0 · · Score: 1

      If you raise the price, you drive your legitimate customers towards your competitors. Eventually, you get to the point where you have to sell a single copy of your software to one competitor. At that point, they might as well have just paid you directly to write it.

    20. Re:GPL Kool-aid by lactose99 · · Score: 1

      Whining about it years later because you're not getting rich off it doesn't really seem like an honest answer to the question, why close the source, does it?

      Quite succinctly, Deraison said "...we have been fueling our competition, and we want to put an end to that." Seems clear to me.

      As long as everyone who contributed to the code over the years is cool with changing the license to closed-source then go for it--but don't play it off like it's the community's fault that your company isn't listed in the Fortune 500. Right?

      I didn't get that impression at all. He's blaming his competitors who are riding his coattails, not the OSS community.

      --
      Fully licensed blockchain psychiatrist
    21. Re:GPL Kool-aid by chronicon · · Score: 1
      I didn't get that impression at all. He's blaming his competitors who are riding his coattails, not the OSS community.

      My main point is that he shouldn't blame the license for his buisness failings. There's no "loophole" in the GPL. It does exactly what it is intended to do. If he misunderstood the intent of that license or failed to develop a business model suited to using it, then it's his own fault.

      This assertion about a so-called loophole in the GPL that has allowed his competitors to take advantage of his company amounts to mere sco-like FUD, IMHO. Might other software concerns see these stories with this rhetoric and come away with the notion that the GPL is in some way broken, and that they'd better avoid it?

    22. Re:GPL Kool-aid by kaladorn · · Score: 1
      This assertion about a so-called loophole in the GPL that has allowed his competitors to take advantage of his company amounts to mere sco-like FUD, IMHO. Might other software concerns see these stories with this rhetoric and come away with the notion that the GPL is in some way broken, and that they'd better avoid it?

      The problem with your answer is this: You're saying "If you want to use GPL, you'd better understand all the ramifications and deal with all of them". That's fine, but if you want people to use the GPL in the real world for real things, then the license has to be easy to suit to their business models, not the other way around. Yes, you can say they didn't understand the implications of the GPL completely. Yet there is now one less company using it. Maybe the GPL is fine. Or maybe its success is a product of how many people use it, and if people percieve it isn't helpful to what they wish to do, that's what matters.

      --
      -- Mal: "Well they tell you: never hit a man with a closed fist. But it is, on occasion, hilarious."
    23. Re:GPL Kool-aid by chronicon · · Score: 1
      The problem with your answer is this: You're saying "If you want to use GPL, you'd better understand all the ramifications and deal with all of them". That's fine, but if you want people to use the GPL in the real world for real things, then the license has to be easy to suit to their business models, not the other way around

      Ok, that works. So what you do is evaluate your licensing options and make the determination as to whether or not a particular license is going to suit your needs. These guys are saying (now) that the GPL does not do that, that it's not working for them. Fine, but remember, they chose to use the GPL in the first place. No one forced them to do this. At some point they must have felt that the GPL would be beneficial to their cause, now they don't. Fine, choose another license--if they are in the clear as far as copyrights go to all of the code, if not they will have to work those issues out first...

      Choose another license, but do not make the claim that the GPL is broken (has a "loophole" in it) and that is the reason to switch. That is not correct. It's quite clear what the GPL affords and how it works. To pretend otherwise is to be less then genuine, IMO.

      What is unclear in my position?

      1. The GPL is not broken, nor does it have a "loophole" in it. It works precisely the way it was intended.
      2. Take responsibility. If the GPL didn't work for you, fine. Say so, but don't imply that it is broken and/or the reason for your failings in the face of competition.
    24. Re:GPL Kool-aid by Cally · · Score: 1
      I agree - in principle - but principle doesn't put food in your mouth or pay the rent.

      I'm fed up with hearing this cliche. I've got a personal principle that I should not punch people in the face. That principle doesn't see to have lead me to starve. I have another principle that says I won't try to hoard any useful software I write; that hasn't lead me to penury either. Odd, that.

      Tenable's complaint seems to be "other companies are making money selling our Free software!" I would much rather they'd asked themselves why customers would rather buy Renaud's Free software from zero-value-add resellers, rather than from a company co-owned by, and providing full-time employment to the project's chief developer and project founder?

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    25. Re:GPL Kool-aid by Anonymous Coward · · Score: 0

      And there in lies the problem, it is about *user* freedom,
      what about developers? Last time I checked developers still
      need to eat, pay taxes, utilities, raise families, etc.

      This is yet another case of a company being run into the
      ground by the GPL.

    26. Re:GPL Kool-aid by c0d39uru · · Score: 0

      "Loophole? That is such a funny choice of words for rationalizing the switch away from the GPL. Tell me they didn't know when they released the initial versions of their code under the GPL that other folks could and would "repackage" it (I suppose that means, in one case, including it with any number of distros)."

      You are an idiot.

      The loophole is that binary redistributions of GPL'd software via a black-box hardware component (or use of said software via a network interface) does not require compliance with the GPL's source-code redistribution requirement. Not the fact that the software can be repackaged by someone (which under any circumstances other than the aforementioned, you cannot do without distributing the source code as well).

      --
      --#!
    27. Re:GPL Kool-aid by FLEB · · Score: 1

      It costs less not to develop the core than it does to develop the core. Those savings can be put toward lower price, upgraded value-added features, or upgraded marketing.

      I don't recall what it was that I was reading, some book on the theory of Open Source, but a good point was made: It's not for everything. If the software's a driver (literally or figuratively) to the core portion of the business, than it's a good idea to OSS it. If unique software IS the core portion of the business, it's dumb to give away the competitive advantage.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    28. Re:GPL Kool-aid by richlv · · Score: 1

      well, i would like to see what happens if
      http://it.slashdot.org/comments.pl?sid=164517&cid= 13736636 is completely true...

      --
      Rich
    29. Re:GPL Kool-aid by ajs318 · · Score: 1

      The needs of the many outweigh the needs of the few.

      Users outnumber developers.

      Therefore, the needs of users outweigh the needs of developers.


      You may have done something socially useful by writing a piece of software, but that does not mean you are automatically entitled to any kind of reward. Does your water company pay you for the shit you flush into their sewers? No, but you'll get fined if you try doing your business out in the street. Does your council pay you for all the bottles, cans and papers you recycle? No, but {at least if you live in Hertfordshire} you'll get fined if you put them in the rubbish.

      --
      Je fume. Tu fumes. Nous fûmes!
    30. Re:GPL Kool-aid by Cally · · Score: 1

      You're probably right from the PoV of "most functionality for your money" or "software quality"; however I'm one of those weirdos who tries to only use Free (Libre) software. Nessus started as a project, Tenable came along later, much later.

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    31. Re:GPL Kool-aid by Dogers · · Score: 1

      I heard they were giving back, but getting no help so they gave up..

      http://silverstr.ufies.org/blog/archives/000864.ht ml

      --
      I am a viral sig. Please copy me and help me spread. Thank you.
    32. Re:GPL Kool-aid by istartedi · · Score: 2, Insightful

      Oh yeah he wanted to sell software and only sell software!

      That's always been one of my points. If I wanted to sell T-shirts and tote bags, I'd already be doing that. If I wanted to be a consultant, I'd already be doing that. If I wanted to repackage commoditized software like the IT equivalent of a bottled water company, I'd already be doing that.

      I never wanted to do any of those things. I always wanted to sell software, so I'm hooked up with a company that does that, none of it's Open Source, and I'm quite happy. Oh, and might I add that thew new Slashdot CSS business is a piece of crap--I can't even preview this post properly because my text is layered on top of the parent post! Do I want to wade through Slashcode? Hell no! That's not freedom. That's Slashdot's job.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    33. Re:GPL Kool-aid by Anonymous Coward · · Score: 0

      Well, the majority of Slashdot readers want to dance on your grave.

      So kill yourself. Right now.

    34. Re:GPL Kool-aid by Anonymous Coward · · Score: 0
      That's *the* valid excuse. They were in fact drinking the kool-aid - they believed that by contributing to the codebase, that it would make everyone's project stronger. As it happened, they kept giving and the competition kept taking. The community didn't give back.
      Horsecrap. It started off as a normal open source project and after a few years it became popular. So they tried to get rich off of it. Fair enough. Tenable hired Renaud and they set off to build a set of Vulnerability Scanning Appliances and other solutions incorporating the Nessus project and doing consulting services for Nessus. Then they were surprised that other people were using Nessus in commercial environments (well DUH!) and started the whole 'the engine is GPL but we're retroactively applying restricted licenses to the plugins' thing. At this point they had effectively gotten off the Open Source bandwagon but were still trying to keep up appearances by keeping the engine open source (without giving anyone a motive to contribute). Now, well, this is just an extension of what happened before. Maybe they'll retroactively license Nessus too. (Not a competitor - I don't work in infosec, but have followed Nessus for years).
    35. Re:GPL Kool-aid by ajs318 · · Score: 1

      The needs of the many outweight the needs of the few, but the needs of the few outweigh the whims and caprices of the many. And even if your assertion were correct {which I severely doubt, given my better than 3:1 fan to freak ratio} it still falls into the "whims and caprices" category rather than the "needs" category.

      --
      Je fume. Tu fumes. Nous fûmes!
    36. Re:GPL Kool-aid by kaladorn · · Score: 1

      I see what you are saying. I'll just counter with two things:

      If someone fails to appreciate the ramifications of something in a license, you can argue that they just failed to do due diligence or are clueless. Or, it could be that the license is not clear enough. Not judging this case, but as a generality, 'clear' is not a binary flag. Things are not 'clear' and 'unclear' but rather 'more clear' and 'less clear'.

      As to the loophole, this is again a judgement issue. I see you line of thinking and can acknowledge it. Yet I can see a line of thinking that says "if this tool does not do what I need, then it is broken for our purposes". I think that's what is being said about the loophole - that, for the kind of business model these guys want to follow, the GPL has a loophole that renders it broken for their purposes. Which is correct, from their perspective.

      Much of life is about perspective. I think yours is valid for you and theirs is valid for them. There is no absolute right or wrong in these matters, just a relative one.

      So, I agree with you and with them. I was just pointing out that the argument that says your strength should be in your differentiation and you should be trying to make money off your differentiated service offering (your advantages over your competitor) is pretty badly hurt when the competitor steals the code lock stock and barrel and if your supposed 'support advantage from detail knowledge' doesn't count for a lot. At that point, you've commited time and money to the problem and someone else is reaping the rewards. That was more the part I took issue with than your comments on the GPL's loopholiness (nice made up word, that) or lack thereof.

      --
      -- Mal: "Well they tell you: never hit a man with a closed fist. But it is, on occasion, hilarious."
    37. Re:GPL Kool-aid by chronicon · · Score: 1
      In the end, I just wish they could have come up with another option then license switching. Say, keeping the engine code GPL and provide another license more suited to their purposes for plugins (which, it appears, are where the real "money" is to be made anyway).

      All I really foresee in this case is a fork of the project which will probably hurt them even more then what they perceive today.

      Thanks for the discussion, I think we're on the same wavelength now.

    38. Re:GPL Kool-aid by Mateito · · Score: 1

      I've got a personal principle that I should not punch people in the face. That principle doesn't see to have lead me to starve. Generations of stand-over men have made a good living by following your principle.

  3. That Should Be by TubeSteak · · Score: 1, Funny

    That should be the GNU/OSS community
    /End Joke

    --
    [Fuck Beta]
    o0t!
  4. time to spoon! by Anonymous Coward · · Score: 2, Funny

    No, fork.

  5. Maybe we can see... by Zebra_X · · Score: 1

    How well an OSS product fares as a closed source product. Bets are on: better or worse a year from now?

    1. Re:Maybe we can see... by exi1ed0ne · · Score: 1

      I can't see how distributing binary only will help themm, as opposed to a non-business use only license change. It'll be very interesting to see where this goes from here.

      --
      Pessimists.net - as if life wasn't depressing enough.
    2. Re:Maybe we can see... by chronicon · · Score: 1
      How well an OSS product fares as a closed source product. Bets are on: better or worse a year from now?

      It will be interesting to see what happens with it. I'm betting that someone picks up the GPL code and forks the project. Where will they be when that happens?

      This was voted the number one security tool on insecure.org. I would almost count on seeing it fork...

    3. Re:Maybe we can see... by Anonymous Coward · · Score: 0

      Someone once copied the source code for Samba. They completely ignored the license, and wrote a code obfuscator that they ran over it. The code looked completely different, but worked identically. Then they sold it, and made money on it.

      A license is all well and good, but unscrupulous companies will take the chance that they can get away with it. The only reason the team mentioned above were caught was that they had an open Samba share and the Samba team got a copy of the obfuscator.

  6. No money to be made out of free software by Anonymous Coward · · Score: 0

    News at 11!

  7. hmm by epiphani · · Score: 1, Interesting

    They cant go "closed source" - they've licensed it under the GPL. Unless they rewrite the app from scratch, or remove any code from parties that havent agreed to the new license... If linus wanted to close-source linux all the sudden, he couldnt do it either.

    So.. are they ripping everything else out, or are they rewriting from scratch?

    And obviously, the existing version cant be relicensed either. The latest release under the GPL is stuck there from now until forever.

    --
    .
    1. Re:hmm by Nichotin · · Score: 5, Informative

      People haven't contributed anything special to the scanning engine. They would have to strip that out, but as already mentioned, it was no biggie. They hold the rest of the copyright, and are legally allowed to change the licence, but they cannot restrict any usage of previously released source code.

    2. Re:hmm by mewsenews · · Score: 1

      one part of their argument is that they've received negligible code contributions, so ripping out third-party code doesn't seem like it will be a problem for them.

    3. Re:hmm by jsight · · Score: 4, Insightful
      I think the presumption is that one of the following is taking place:


      •    
      • There were no external contributers - Nothing needs to be done... just release the new version under the new license.

      •    
      • There were external contributers, who signed over copyrights - If all external contributers signed their copyrights over to Nessus (as is the policy for contributors to some products), then they would already own all copyrights.

      •    
      • There were significant contributions by external contributors, who did not sign over copyrights - They would have substantial rewriting to do.


      From their indication that they haven't seen any significant help in six years, we can presume that the third possibility is unlikely.

      And, of course, old versions will still remain under the GPL (happily).
    4. Re:hmm by Vellmont · · Score: 4, Insightful


      They cant go "closed source" - they've licensed it under the GPL. Unless they rewrite the app from scratch, or remove any code from parties that havent agreed to the new license... If linus wanted to close-source linux all the sudden, he couldnt do it either.

      That's actually not true at all. They still own the code, the GPL is a license, not relinquishing ownership. What they can't do is use any code contributed by anyone outside the company. That code they'll have to re-write since it's licensed under the GPL and doesn't belong to them.

      And obviously, the existing version cant be relicensed either. The latest release under the GPL is stuck there from now until forever.

      They can't relinquish the license of course. Anyone that wants to take that code and maintain it themselves is obviously free to do so.

      --
      AccountKiller
    5. Re:hmm by nanop · · Score: 1

      As long as they have the permission of all of the copyright holders, they are free to license future versions under whatever terms they choose. As they claim to have received little help from the OSS community, perhaps it won't be hard for them to gather the required rights.

      As for the last GPL'd version, it has to remain GPL'd, but could be dual-licensed with the same permission requirements.

    6. Re:hmm by Saeed+al-Sahaf · · Score: 1

      What is stopping them from re-writing it in form but not function? The GPL is a copyright, they could make very quick work of reformatting the code, yes?

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    7. Re:hmm by pmike_bauer · · Score: 1

      If Nessus, as they pointed out, has recieved little or no outside contributions, then they still maintain the copyright to their code. They can do with it as they choose. If they wish to release new versions of their software sans GPL, then that is their choice. Neither you nor I could do that since we don't own the copyright.

      --
      I read /. for the (Score:-1, Conservative) comments.
    8. Re:hmm by Jeff+DeMaagd · · Score: 4, Informative

      I think you misunderstand. It is their program. The owner of the program can have multiple licences. The GPL gives non-owners specific rights and specific requirements, none of those licences necessarily have the same effect on the owner as it does the user.

      While they can't "take back" the versions that are already out there, but the copyright owners themselves can make a variation and not release the source of the variation.

    9. Re:hmm by delire · · Score: 1
      Unless they rewrite the app from scratch,..
      How would we know otherwise?
    10. Re:hmm by dtfinch · · Score: 1

      Sure they can. They own the copyright to at least the portions they developed. They can't prevent you from forking the GPL'd releases, but they can do with it as they please. As for code contributed from other authors, all they have to do is remove it or get permission. Some GPL project maintainers even require copyright assignment to accept patches from the community, giving them the ability to relicense the whole thing as they please without asking any other contributors.

    11. Re:hmm by DaHat · · Score: 2, Insightful

      The GPL is a copyright

      No, the GPL is a license with which a copyright owner can enforce their copyright on said code.

    12. Re:hmm by larry+bagina · · Score: 1

      Sourceforge didn't have any problem converting to GPL to closed source. It's impractical for Linux, since there are many contributors, and none of them assigned their copyright (official GNU projects require contributors to sign a release). If you read the story description at the top of the page, you'd see that they had very few outside contributions.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    13. Re:hmm by epiphani · · Score: 1

      That's actually not true at all. They still own the code, the GPL is a license, not relinquishing ownership. What they can't do is use any code contributed by anyone outside the company. That code they'll have to re-write since it's licensed under the GPL and doesn't belong to them.

      hum.. isnt that exactly what i just said? "remove any code from parties that havent agreed to the new license"..

      Maybe i'm just sour for getting modded flamebait and im missing something, but i would swear that was almost exactly what i said.

      --
      .
    14. Re:hmm by djwildstar · · Score: 1

      Yes, you can go "closed source" after you've licensed something under the GPL if you are the sole author, or can get the written permission to do so from all of the authors and contributors. As the author (or authors) of a work, you are free to release it under multiple licenses, or change your license in subsequent versions.

      What you can't do is "take back" versions that have already been released under the GPL. You can't stop people who are using the GPL'ed version from continuing to use and update that code - even if you release the code under a different license.

      As a practical example, say I write something called InFooSec 0.1 and release it under the GPL. As it turns out, nobody is interested in contributing, so I get only a handful of changes from the Free Software community - most of which I decline to implement in the codebase. I sell some support and consulting on InFooSec, and generally manage to scrape by, making improvements and adding features with an eye towards a vastly improved 0.2 release.

      For whatever reason (perhaps I have a competitor who is a really gifted salesperson and sells InFooSec pre-installed on some hardware at a huge profit), I decide that InFooSec 0.2 will be closed source software. Now, InFooSec 0.2 is a derivative work of version 0.1, so I need some right to use InFooSec 0.1 ... and since 0.2 will be closed source, the GPL doesn't provide me with that right. However, as the author of InFooSec 0.1, I already own all of the rights to the code. I can do anything I wish to do with my own code - I don't need a license from the GPL to do it. So it's perfectly legal for me to release 0.2 under any license I choose.

      If I'm not personally the author of all of 0.1 (or if I'm not personally the author of all of the improvements in 0.2), then I have to buy the rights or otherwise get a license from the original authors to use their portions in InFooSec 0.2. Any code that I can't get permission to use under my non-GPL license will have to be left out, or rewritten. For a small number of additional authors, or for non-critical features, this is probably quite practical.

      SO I can release InFooSec 0.2 under my new, closed-source license. It has a bunch of nifty new features that should make it very competitive in the marketplace. My main competitor is still using the "old" version 0.1, and can continue to do so indefinitely under the GPL. Hopefully the new features in 0.2 will let me clobber them from a technical standpoint. Of course it's no guarantee - because 0.1 was GPL'ed, my competitor can hire a hot-shot programmer to improve InFooSec 0.1, thus forking the project.

      You are probably right to say that Linux could never be released under a different license. The sheer number of authors involved makes this practically impossible. I can't imagine getting them all to agree on new license terms. Even managing to contact every single one of them could be problematic.

    15. Re:hmm by Vellmont · · Score: 2, Insightful


      hum.. isnt that exactly what i just said? "remove any code from parties that havent agreed to the new license"..

      You also said in your first sentence that they couldn't go closed source, and compared the product to linux. That makes it sound like you're trying to say they can't do it, or it'd be very difficult to do. The big difference is they've said there hasn't been many contributions to Nessus by anyone outside of Nessus. This makes it very easy to rip out those sections that they don't own.

      --
      AccountKiller
    16. Re:hmm by TPS+Report · · Score: 1
      They cant go "closed source" - they've licensed it under the GPL. Unless they rewrite the app from scratch [...] or remove any code from parties that havent agreed to the new license...


      I think that's partially true. It is my understanding that, since they are the author of the code -- they can't reverse the existing license on previous versions, but they can change the license for future versions of their software. Excluding parts written or contributed by others, of course.. but I would imagine they could rewrite those parts.
      --
      I was told that I could listen to the radio at a reasonable volume from nine to eleven...
    17. Re:hmm by LarsG · · Score: 1
      hum.. isnt that exactly what i just said?

      You must be new here. ;-)

      The reason you got modded flamebait is that you started your post with: They cant go "closed source". A statement like that is bound to make a lot of people disagree and hit reply or mod as flamebait without reading the rest of the post.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    18. Re:hmm by John+Hurliman · · Score: 1

      This was answered several times in threads above this, but it got modded informative so I'll bite. The original poster wasn't questioning whether the owner of the code could relicense, it was whether the project managers actually owned the code. If I contribute a patch to someone else's GPL software, that owner can't relicense that code without getting my permission, getting me to sign over the copyright of my patch, or removing my patch and rewriting it. That's why it would be impossible for many active OSS projects to suddenly relicense, because of the long long list of people from all over the world who own copyright on little bits and pieces of the software. If you are managing GPL software and want to keep control over the codebase, have everyone agree to signing over the copyright for any contributions they make.

      According to the GNU Enterprise on this page: http://www.gnu.org/software/gnue/community/copylef t.html both parties have to sign a dead tree document. This seems like a huge hassle, but if you're serious here is an example of a copyright assignment form from the OpenOffice project: http://www.openoffice.org/licenses/jca.pdf

    19. Re:hmm by Flower · · Score: 1
      They CAN go close sourced because the "community" never contributed any integral code that advanced Nessus. Since everything that is essentially Nessus has been written by Tenable they can pretty much do anything they want. Linus can't close source the kernel because they is a large diversity of contributors to the code. If Linus was some sort of code producing diety and wrote the majority of the kernel himself he could dang well toss the fluff out and close it up. Now this is a loophole in the GPL. If no one contributes, a good product can go back to being closed. Without that diversity of contributors no GPLd project can be considered "Free" forever. TripWire is another example of this.

      The problem with the old version is that the new version has significant improvememnts built into it. So unless some actual developer community is going to rise up from the shadows and start improving v2 you are pretty much stuck with what you get. Yea! v2 is open! Yea! It sucks compared to v3! And eventually it will not make any business sense to keep supporting v2 and that version of Nessus will get tossed up onto SourceForge to languish away on the Island of Misfit Code.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    20. Re:hmm by Anonymous Coward · · Score: 1, Insightful

      How would we know otherwise?

      I don't know, use a software disassembler? IDA Pro? SoftIce? Something like that?

    21. Re:hmm by samj · · Score: 1

      I for one don't believe they own the code. I'd almost bet on it. I only wish I owned a line or two so I could pull a SCO. Fsck it. Maybe I will anyway - didn't stop them :)

    22. Re:hmm by X.25 · · Score: 1

      "...Nessus is dropping the GPL license for the upcoming version 3 of the software."

      It's in the summary, and beats me how someone could miss it...

  8. Its by Radak · · Score: 0, Offtopic

    "The problem appears to be that Tenable Network Security... isn't making money because it's competition is simply repackaging their product."

    It's means "it is." Possessive pronouns in English do not have apostrophes (with the unfortunate exception of one's). You meant to say its.

    See Wikipedia.

    1. Re:Its by 99BottlesOfBeerInMyF · · Score: 1

      You meant to say its.

      Surely you mean that he meant to type "its."

      There is a point at which this sort of nit-picking is useless. If you understand what the originally writer was trying to express, then they have succeeded. I don't think most people care to have minor spelling/grammar errors pointed out (unless they are funny). Feel free to point out any errors I make though, as I am trying to develop better habits.

    2. Re:Its by Radak · · Score: 1

      Feel free to point out any errors I make though, as I am trying to develop better habits.

      Since you asked...

      If you understand what the originally writer was trying to express, then they have succeeded.

      If we're being pedantic, which I've obviously established I can be, "they" is a third person plural pronoun, and you've attached it to a singular subject, "the writer."

      Unfortunately, English lacks an appropriate neuter pronoun, and so in the name of political correctness, this misuse of the plural pronoun has come into common usage to avoid the non-PC (but technically correct) "his" (which is technically the neuter pronoun in English) or the more unwieldy "his or her."

      Sorry. My mommy was an English teacher. I can't help it.

    3. Re:Its by Radak · · Score: 1

      Christ. Is my face red? I said "his" and "his or her" when I meant to say "he" and "he or she." I've switched possessive on myself. Mea culpa.

    4. Re:Its by Anonymous Coward · · Score: 0
      You meant to say its.

      Surely you mean that he meant to type "its."

      Surely you mean that he meant to type its?
    5. Re:Its by MightyYar · · Score: 1

      Thanx, cheif.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    6. Re:Its by Anonymous Coward · · Score: 0

      >> You meant to say its.

      > Surely you mean that he meant to type "its."

      > Feel free to point out any errors I make though,
      > as I am trying to develop better habits.

      OK... You must have meant that he meant that the original poster meant to type "its". Since the "its" in question doesn't end the sentence, it's not followed by a ".".

      "It is a damn poor mind indeed which can't think of at least two ways to spell any word." -- Andrew Jackson

      And stop calling me "Shirley".

    7. Re:Its by adavies42 · · Score: 1

      Actually, singular they has a usage history going back at least to Shakespeare; the "rule" making it only a plural pronoun has about as much validity as the split infinitive rule--i.e., it was made up by Latin-obssessed Victorian grammarians. See Wikipedia's "Singular they" article for more info.

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    8. Re:Its by 99BottlesOfBeerInMyF · · Score: 1

      If I understand what you are trying to express, I think you are mistaken. The period is the end of the sentence and quotation marks always trail the final period for obscure typesetting reasons.

    9. Re:Its by Radak · · Score: 1

      Actually, singular they has a usage history going back at least to Shakespeare...

      Then again, if posters were writing in Shakepearian English, we'd probably all have a lot more complaints than just its vs it's.

      Seriously, though, thanks for that link. I learned a few new things. Personally, I am absolutely in favour of the language having proper gender neutral pronouns and I'm not against the continued evolution of the language (unlike my mother, who thinks there's some magic point in history where it was supposed to stop changing). That Wikipedia article goes a long way toward legitimising they/their as that pronoun at least in some cases.

      Nice point about the split infinitives as well. I was aware that that was a much more recently and arbitrarily invented rule, and I oft make attempts to brazenly break it.

    10. Re:Its by Anonymous Coward · · Score: 0

      "There is a point at which this sort of nit-picking is useless"

      You're so right. I never check my code for proper syntax, either. It only affects useless things, like my income and employability.

    11. Re:Its by deesine · · Score: 1
      --
      damaged by dogma
    12. Re:Its by Anonymous Coward · · Score: 0

      I just want to know what an 'originally writer' is!

      (Had to be done)

    13. Re:Its by adavies42 · · Score: 1

      OTOH, if we were writing in Shakespearian English, we'd probably be much less inclined to complain--I've heard that we have three samples of Shakespeare's name in his own hand, and all three are spelt differently. Of course, orthography is just the beginning--even fixed parts of speech were a mostly foreign concept to Elizabethans, to whom verbing came perfectly naturally.

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    14. Re:Its by poopdeville · · Score: 1
      I would have thought he meant
      #include <stdio.h>
      main () {
      printf("Hello, world!\n");
      }
      --
      After all, I am strangely colored.
  9. Competitors by SpaceAdmiral · · Score: 4, Funny

    If their competitors were just repackaging their software, they should have put some massive bugs in it.

    1. Re:Competitors by caseydk · · Score: 1


      Maybe there are... and they're going to fix them for v3 and share all the details of the v2 bugs.

      And all those companies would be scrambling since they didn't write it in the first place and therefore probably have little understanding of the underlying code.

    2. Re:Competitors by MBAFK · · Score: 1

      This guy reckons they did, while not a bug in the code they supposedly left some important scripts out of the release without which the program wont work.

    3. Re:Competitors by vladkrupin · · Score: 3, Interesting

      Yes, they will (and are) scrambling. But not because they have little understanding of the underlying code. No, that's trivial. The real value is in all the updates, signatures, definitions of various vulnerabilities, etc. People come up with them all the time, and nessus always has the latest & greatest, and everyone else seems to be weeks, if not months behind. Unless, of course, they are building on top of nessus as the engine, in which case they are always up to speed.

      I am have some firsthand familiarity with this. I know of a company that essentially built their whole business around nessus as the core of their product. They added tons of bells and whistles to it, packaged it nicely, made it user-friendly, and shipped it. For a lot of money. Sounds silly, but I think they had a good product -- it actually made network security manageable. Just knowing what is vulnerable on your network is not good enough. In fact, if the network is of any appreciable size, that's not good at all. You need to filter out tons of noise -- false positives, things that you know are vulnerable but you do not care about for one reason or another, need to do some basic triaging, and be able to monitor trends and tendencies over time. So, there's a great need for a good presentation layer on top of nessus, and several companies recognized that need and built their business models on that. And that was good, it was really, really needed.

      Then, a couple of years ago it became harder to get nessus updates. Nessus started detecting scrapers that were getting latest nasl updates and banning them. Then they started licensing those updates differently, I think, so it was harder for closed-source companies to use them. So, that company started rewriting newer NASLs in a "clean room" environment to stay in the legal clean waters. While the practice was silly, it made sense -- it was either that, or GPL the whole thing, and they could not figure out how to build a viable business plan if they were to GPL their whole product. I must admit that this is a very challenging, and at times an impossible task. I must say that I applaud them for going through all that extra effort to stay clean and respect the GPL -- a lot of other people do not do so.

      So, has nessus just droppped a bombshell on all those companies that were building their stuff on top of its enine? Not really. The change has been coming for quite some time. Recent NASLs haven't been available for a while under a liberal license. In fact, I think that new software features and bugfixes in version 3 are not even all that important or needed. Signatures and definitions for newer vulnarabilities are. So, all those companies had ample time to change, if they wanted to. The company I was referring to did a good job, as far as I know -- they added a bunch of features beyond what nessus provided -- various network discovery, some windows-specific stuff, etc. I do not know much about what they are doing now, but I know that they worked hard to shift from a nessus-wrapper to a product that could stand on its own. And, to the best of my knowledge, they succeeed. Some others did not see the writing on the wall. So, they wasted time and this change of license will be the latest nail in their coffins. Stuff happens. Don't feel sorry for them. Nessus departing from the GPL is a sad fact of life, but... it's understandable. They can do it. And freeloaders deserve little compassion.

      just my 2c...

      --

      Jobs? Which jobs?
  10. Doesn't seem right by Eugene+Webby · · Score: 0

    OK, change your license so your competitors can't repackge yours stuff and publish the source anyway. Nah, they just blame the GPL instead of saying "we don't want to show our source anymore".

    1. Re:Doesn't seem right by PickyH3D · · Score: 1

      Even if they changed the license, then they would still be able to blame the GPL for the same reason.

  11. nessus is dead, long live gnessus? by nanop · · Score: 5, Interesting

    So (provided there are interested developers), the last GPL-licensed version will likely be forked and a new project formed... I'd guess "gnessus".

    1. Re:nessus is dead, long live gnessus? by mysqlrocks · · Score: 1

      He raised the possibility that the community could "fork" version 2 of the software--that is, start developing a divergent version of Nessus from the one officially supported by Tenable.

      It would be interesting if this happens. It would certainly make the developers statement in need of a second look (the statement above was not the developers statement):
      The developer also expressed disappointment over the lack of community participation in developing the software, despite its open-source license.

      So, if it does fork and the open source fork gets a lot of development that would mean of two things. Either the developer is understating the community involvement or he wasn't that good at drumming up interest in community involvement.

    2. Re:nessus is dead, long live gnessus? by dekemoose · · Score: 3, Funny

      So a project which was getting very little contribution from the OSS community is going to be forked into a different project that will get all sorts of support from the OSS community? Good luck with that.

    3. Re:nessus is dead, long live gnessus? by Deven · · Score: 1, Flamebait

      Either the developer is understating the community involvement or he wasn't that good at drumming up interest in community involvement.

      Or maybe the community couldn't give a damn about helping until it's an underdog project competing against an evil proprietary product? Some people are more motivated by zealotry than improving the world...

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

    4. Re:nessus is dead, long live gnessus? by robla · · Score: 4, Interesting

      > So a project which was getting very little contribution from the OSS community is going to be forked into a different project that will get all sorts of support from the OSS community?

      Yup. Funny how that works. It happened that way with SourceForge/GForge. It sorta happened with NCSA httpd -> Apache. Probably a handful of other examples out there.

      It'll probably evolve from the needs of the Debian package maintainer needing an "upstream" for security patches, etc. Or maybe Gentoo, Fedora, etc. You get the idea. I use Debian as an example because of they'll need something that continues to satisfy the DFSG. Thus, if Nessus is still going to remain, it'll eventually need to be updated.

    5. Re:nessus is dead, long live gnessus? by Anonymous Coward · · Score: 0

      Or maybe people felt this area was taken care of and were looking for a project that took care of an unfulfilled need. Now working on GPL nessus is that project.

    6. Re:nessus is dead, long live gnessus? by Threni · · Score: 1

      > Some people are more motivated by zealotry than improving the world...

      Maybe, or maybe both. Isn't competition supposed to be healthy?

    7. Re:nessus is dead, long live gnessus? by Principal+Skinner · · Score: 4, Insightful

      "So, if it does fork and the open source fork gets a lot of development that would mean of two things. Either the developer is understating the community involvement or he wasn't that good at drumming up interest in community involvement."

      A developer who wants community involvement really has a lot going against him. There are only a handful of Linuxes, Mozillas, and KDEs, out of the hundreds of thousands of OSS projects out there. Probably only a single-digit percentage of OSS projects get any significant community help. To get in that percentile, you have to have an interesting, high-profile project AND be VERY good at drumming up support.

      Properly stated, there's a third possible interpretation of a successful fork: the maintainers were doing a fine and dandy job and no one from the community had an itch to scratch, until the gravy train stopped.

      --
      one hundred twenty
      is just enough characters
      to write a haiku
    8. Re:nessus is dead, long live gnessus? by kindbud · · Score: 2, Funny

      If it were me, I'd name the fork of Nessus "Known Space". Great name for a tool of discovery, that expands on the "Nessus" idea.

      --
      Edith Keeler Must Die
    9. Re:nessus is dead, long live gnessus? by killjoe · · Score: 1

      "Or maybe the community couldn't give a damn about helping until it's an underdog project competing against an evil proprietary product? Some people are more motivated by zealotry than improving the world..."

      And others are perfectly content calling people communists, cancer and zealots.

      I guess it takes all kinds of people right.

      --
      evil is as evil does
    10. Re:nessus is dead, long live gnessus? by Anonymous Coward · · Score: 1, Interesting

      So a project which was getting very little contribution from the OSS community is going to be forked into a different project that will get all sorts of support from the OSS community?

      Actually Nessus was kept from community support through licensing provisions that straddled the fence. It was intentionally crippled enough to keep the legitimate open source integrators away, yet Tenable didn't satisfy the need expressed on the low-end.

      Nessus does not compete with many of the higher end proprietary solutions, such as eEye's analyzer. However, there is a significant market for an analyzer well under the several thousand cost. Unfortunately, Tenable didn't understand its market. It attracted the base with the loss leader strategy but failed to offer the next step up via affordable license and left that to other integrators who took their source and released it on an affordable appliance. This is a good indication that the market still refers your product as an inferior good, and relevant pricing strategies should have been used.

      Now Tenable is screwed. They are pricing themselves against the high-end analyzers without a product to match. It's like charging $5 for knockoff store brand "toastable pastries" when the Pop Tart brand is $3. Most of the decision makers in the security assessment world prefer Windows, and a Linux server analyzer won't ever see the light of day in larger managed security firms. Tenable's only hope was to sneak under the radar and gain a large market, then move upward. Instead, they'll lose their mass market play to a certain code fork and end up with close to zero install base, zero community support, and zero progress against the high end.

      You can't pull the MySQL bait & switch without a product that has an installed base and beats the competition in price/performance.

    11. Re:nessus is dead, long live gnessus? by Goo.cc · · Score: 1

      The best example I can think of is SSH. The OpenBSD team went back, took the last free version, and improved upon it.

    12. Re:nessus is dead, long live gnessus? by tyagiUK · · Score: 1

      This has also happened with Zebra (http://www.zebra.org/ and Quagga (http://www.quagga.net/ amongst others. Despite a piece of software being released under an open license, either BSD-style or GNU-style, if the community feels that an individual or single organisation has some sense of "ownership", then it seems reluctant to contribute. This has been seen with OpenOffice.org. Even projects such as OpenBSD may suffer from this to a certain extent.

      --
      Contribute to the online videogame encyclopedia: GamerWiki
    13. Re:nessus is dead, long live gnessus? by vladkrupin · · Score: 1

      Properly stated, there's a third possible interpretation of a successful fork: the maintainers were doing a fine and dandy job and no one from the community had an itch to scratch, until the gravy train stopped.

      Actually, you hit the nail on the head, so to speak... except... it was the propriatary vendors that were perfectly happy with how things were going until the gravy train stopped. Then they scrambled. But boy is it hard to do what nessus does -- namely come up with all the vulnerabilities, signatures, etc. in a timely and relatively comprehensive manner for all the new vilnerabilities that are coming out by the barrel!

      --

      Jobs? Which jobs?
    14. Re:nessus is dead, long live gnessus? by javifs · · Score: 1

      You fail to see two sides of Nessus here, which might lead to it being eventually being dropped from Debian. Be it a vulnerability scanner, an antivirus or an IDS yo uhave:

      • the engine
      • the rules

      An engine without rules is not useful at all. And Tenable closed-source those already a while back. Just like Sourcefire closed sourced the Snort rules.

      Quite sincerely, If I were the Debian maintainer (ehem), I would consider dropping support for both packages in Debian even though I believe it would be as much a loss to Debian users as to the projects themselves (less user-base => less exposure => less bug reports => less enhancements => .... => product dead?). It seems that Sourcefire, however, now has Check Point to sustain the project and fund its development even if the OSS crowd turns away from it.

    15. Re:nessus is dead, long live gnessus? by Sithgunner · · Score: 1

      Your comment is very rude to the developer.
      Just because a product is no longer GPL, is it dead?

      I assume you call many other programs more than dead, which I have no idea what your idea is.

    16. Re:nessus is dead, long live gnessus? by timbrown · · Score: 1

      You may want to check out www.gnessus.org then - we have the GNU/Debian source and we intend to fork() :)

      --
      Tim Brown
    17. Re:nessus is dead, long live gnessus? by petermgreen · · Score: 1

      So, if it does fork and the open source fork gets a lot of development that would mean of two things. Either the developer is understating the community involvement or he wasn't that good at drumming up interest in community involvement.

      or that people didn't feel a pressing need to contribute because nessus was already good enough?

      or that people didn't feel happy with the contribution terms (i dunno what they were in this case but theres quite a few people who won't contribute to projects like qt and mysql because they insist on your transferring full rights to them so they can exploit your code in thier propietry cash cows0.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    18. Re:nessus is dead, long live gnessus? by Deven · · Score: 1

      (Wow, I think this is my first "Flamebait" moderation ever! That's what I get for brevity...)

      I'm not familiar with this Nessus project, but it sounds like a for-profit company has been publishing source code for their main project, under the GPL, and they've been taken for granted by the free software community and taken advantage of by their competitors. Is it really a surprise that they would question the wisdom of publishing under the GPL, given such circumstances?

      Let's face it -- however much we may say it's about "free speech" instead of "free beer", it's really about both. And in this case, it appears to be more about the "free beer" if people have been eager to use the software but unwilling to contribute any code changes. Well, it seems that the company is going to keep offering the "free beer" without the "free speech". Use it or lose it, I guess -- if the users of this software were truly all that interested in the code, maybe they should have been contributing back to the project, so they'd actually have something to lose by dropping the GPL.

      If the users can't be bothered to contribute to the project while it's sponsored by the company under the GPL, but then they DO find themselves motivated by the change back to a proprietary license, that's a very sad and ironic situation -- which is the point I was trying to make. We should be more motivated by cooperation and improving the software, not by having an enemy to strive against. Yet we'll probably see someone fork the GPL code and take on the battle as a matter of principle -- but why couldn't they have helped with the code before the company decided this GPL thing wasn't working out?

      Assuming that the project was "taken care of" amounts to taking the sponsoring company for granted. But we have to remember that unlike individuals (who may have altruistic motives), for-profit companies need to be profitable, and EVERY time a company decides that using the GPL is unprofitable -- especially if they have data to back it up -- is a setback for the free software community as a whole. Other companies who might have been considering adopting the GPL will think twice when they discover companies who have regretted the decision...

      Now, I fully realize that there are too many projects out there that are deserving of attention, and perhaps there was nobody in the free software community who was really interested in developing this software. That's fine if that's the case, but the corollary is that they should still be uninterested when this project returns to a closed-source development model. The alternative is that the users who could and should have been helping out with this project were taking advantage of the company's generosity as much as the competitors were, which would mean that they brought this result upon themselves by taking the company for granted.

      We can't assume that for-profit companies will choose to create free software just because it's the right thing to do -- it has to be in their best interest. As a community, we should probably make a point of supporting those companies who have put their business on the line by releasing their code under the GPL, and make sure the risk they're taking is worthwhile, rather than taking the companies for granted. Otherwise, we may see the pendulum swing the other way, and if a new trend away from the GPL develops, it may be very hard to convince the corporate world to give free software another chance someday...

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

    19. Re:nessus is dead, long live gnessus? by Deven · · Score: 1

      Maybe, or maybe both. Isn't competition supposed to be healthy?

      Sure, but isn't cooperation usually preferable?

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

    20. Re:nessus is dead, long live gnessus? by Deven · · Score: 1

      And others are perfectly content calling people communists, cancer and zealots.

      Nice try. I'm no fan of closed-source software (and I despise Microsoft) -- I've been a free-software advocate since 1987. I wasn't calling anyone a communist, and I would never refer to the GPL as a "cancer" -- although I do recognize that the GPL may reasonably be described as a "viral" license. While that term may carry negative connotations, it is descriptive -- if someone describes a license (other than the GPL) as "viral", wouldn't you know exactly what they meant? (Besides, that "viral" behavior is the GPL's entire raison d'etre, after all...)

      But you'd have to be blind not to see that there are some zealots in our midst. My point was that someone who was unwilling to help with the code when the company was supporting the code under the GPL license -- but then suddenly becomes motivated to work on the project when the company gives up on the GPL -- clearly isn't motivated by improving that software, or they would have been doing so already. Only a zealot would find motivation in punishing a company for abandoning the GPL, having already shown no interest when the company was on their side.

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

    21. Re:nessus is dead, long live gnessus? by Threni · · Score: 1

      > Sure, but isn't cooperation usually preferable?

      Yes, but was that the question?

    22. Re:nessus is dead, long live gnessus? by Deven · · Score: 1

      Yes, but was that the question?

      I think the question is: Why would/should anyone develop the GPL version of the project only after the company has reverted to a proprietary license, when they weren't interested enough to help the company with the GPL code on a cooperative basis?

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

    23. Re:nessus is dead, long live gnessus? by Threni · · Score: 1

      > I think the question is: Why would/should anyone develop the GPL version of the
      > project only after the company has reverted to a proprietary license, when they
      > weren't interested enough to help the company with the GPL code on a cooperative
      > basis?

      One reason I personally might work on such a project would be there was a chance that otherwise the GPL version might become outdated, and offer users no choice other than `proprietary or nothing`.

    24. Re:nessus is dead, long live gnessus? by Deven · · Score: 1

      One reason I personally might work on such a project would be there was a chance that otherwise the GPL version might become outdated, and offer users no choice other than `proprietary or nothing`.

      So what? If the GPL version is already good enough, why worry about the bells and whistles added to the proprietary version? It's not an arms race -- either the software meets your needs or it doesn't.

      And if it's not good enough, why weren't you already working on it?

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

  12. So what's left?? by eno2001 · · Score: 5, Interesting

    SATAN and SAINT appear to be gone. Now Nessus. What other projects are out there for security auditing tools? This is not a good trend.

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    1. Re:So what's left?? by Kelson · · Score: 3, Informative

      SARA (Security Auditor's Research Assistant) is based on the old SATAN design.

    2. Re:So what's left?? by Mateito · · Score: 1

      If there's a hole in the market, start a project.

      All the "Oh whoah is me, all the good tools are gone" just reinforces that if you want software, you have to pay for it some how. This could be in cash money - the traditional commercial software model - or in blood, sweat and tears - as a community contributer.

      I think in the last 10 years I've contributed maybe a few hundred lines of code to open source projects. That's nothing compared to the number of lines I've used. I have no right to complain.

    3. Re:So what's left?? by linuxmop · · Score: 1

      Uh, Nessus is still out there. They cannot take the old versions away.

    4. Re:So what's left?? by Anonymous Coward · · Score: 0

      I heard about this project. It looks pretty cool, but unfortunately it is on planning stage.

    5. Re:So what's left?? by supabeast! · · Score: 1

      "SATAN and SAINT appear to be gone. Now Nessus. What other projects are out there for security auditing tools? This is not a good trend."

      Why is this a bad trend? If the open-source community doesn't have enough of a need to keep open-source scanners alive than they probably don't need access to the source code, and the sales of propietary security software and appliances make it pretty clear that businesses aren't interested either. So outside of the mindset that releasing closed-source software is immoral, I don't see why any reasonable person would see this as a disturbing trend.

    6. Re:So what's left?? by tgd · · Score: 4, Interesting

      One can only hope this one disappears. Anyone who has been on the receiving end of a security audit done by some dork who lives in his parents basement who hung out a shingle as a security analyist and basically only runs Nessus without any interpretation can tell you what a HUGE false-positive rate its got. I know how much time *I* waste responding to them, its staggerirng to think how much time throughout the industry is wasted because of them.

      Security tools like SATAN and NESSUS (and even tools like NMAP) are a poor substitute for someone who knows what they're doing, and just make being secure harder for everyone who has to deal with them.

    7. Re:So what's left?? by KluZz · · Score: 1

      I have to agree. I'm becoming more and more vexed by the increasingly staggering amount of false positives reported by Nessus. The plugins seem to be written for "clean room" tests, where there are no firewalls or other network components to foil the insipidly simple verification tests used to determine the outcome of a test.

      Often the result is tha more time is spent verifying the results than the manual approach (using something simple like nmap and telnet) would've taken.

    8. Re:So what's left?? by Anonymous Coward · · Score: 0

      Here's another perspective on false positives. Sometimes you can't help but report them...

      I once did a "security audit" of a medium sized telecommunications company. The brief was to find as many problems as possible from the external Internet.

      I found a few problems with their web application (got their database passwords etc, even though I couldn't connect to the database), but for the rest of the audit, all I could really do was scan with nmap and Nessus. Of course Nessus returned a huge number of false positives but, since this was a fixed price contract and I wasn't to have access to (or even talk to) their staff, I had no real way of telling which warnings were a real problem.

      I heard some feedback through the grapevine that some of the technical staff had complained about my report "but we don't even have that product installed" even though my report very clearly stated that there would be a high number of false positives due to lack of access to staff at the company.

      A few months later they sacked 80% of their IT staff. Make of that what you will. :)

    9. Re:So what's left?? by m50d · · Score: 1
      One can only hope this one disappears. Anyone who has been on the receiving end of a security audit done by some dork who lives in his parents basement who hung out a shingle as a security analyist and basically only runs Nessus without any interpretation

      That's not a security audit, and think how much worse it would be if he didn't have nessus.

      Nessus is a tool for someone who knows about security, not a replacement for such a person. You don't blame dreamweaver for all the poorly-designed websites around, do you?

      --
      I am trolling
    10. Re:So what's left?? by javifs · · Score: 1

      SATAN and SAINT were never free (please read their license, I know, I packaged them for Debian and eventually dropped them. The first one because it was non-free, the second one because it claimed to be GPL when it was an unauthorised SATAN fork. Same for SARA. Sure, they have s/satan/saint/g or s/satan/sara/g (even on the script names) if anyone wants to compare sources, let me know, I've been tracking all of them since SATAN was last released.

      It just seems that Dan Farmer and Wietse Venema don't care about these forks, they abandoned SATAN a long time ago (it's not even available in fish.com anymore, the domain is no more). I know, I contacted them.

    11. Re:So what's left?? by javifs · · Score: 1

      It's not based on SATAN, it's a fork, and it has relicensed the code (from a non-free license to a GPL license) without the author's permission. I suggest you look elsewhere...

  13. thus exploiting a loophole in the GPL. by temojen · · Score: 4, Insightful

    Or rather, using the GPL as it was intended, to prevent vendor lock-in.

    1. Re: thus exploiting a loophole in the GPL. by Wolfier · · Score: 2, Insightful

      Insightful?

      The GPL can prevent vendor lock-in because people can study the code and resolve compatibility issues if any.

      Not in the sense that anyone can pick up the code and be a competitor - although it is also permitted under the GPL, it is not what prevents vendor lock-in.

    2. Re: thus exploiting a loophole in the GPL. by kilgortrout · · Score: 1

      I disagree. The GPL prevents the author of the code from being the only one that can lawfully distribute the product. It allows for competing vendors for the code by design, not by accident. What better protection from vendor lock-in?

  14. Fork by Anonymous Coward · · Score: 0

    So... who will be setting up a fork?

    1. Re:Fork by efuzzyone · · Score: 1

      How long until a fork of the currently released nessus source code becomes available? Not till you start hacking on it.

      --
      Creativity uninhibited www.kreeti.com
  15. Fork? by bcmm · · Score: 3, Interesting

    This sort of thing almost always results in someone making a fork. Is there really so little OSS involvement that a GPL fork (from the most recent GPL version) would not be able to compete with the closed app?

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
    1. Re:Fork? by Anonymous Coward · · Score: 0

      My guess is yes. No involvement for six years. Why would it start now?

  16. Well, this has been coming for some time... by cowbutt · · Score: 5, Interesting
    As someone who encouraged a former employer to pay for a Nessus support contract when it voluntary, someone who personally contributed a minor enhancement to the engine, and as someone who actually used Nessus professionally (i.e. manually verifying the results it gave, rather than selling the reports as-is to customers), I've been pretty disgusted by the way competitors have abused Renaud's generosity.

    Hopefully, the time will come when Renaud and crew feel that they can re-open the code, possibly under GPLv3.

    1. Re:Well, this has been coming for some time... by molo · · Score: 1

      So you've made a contribution to the Nessus code base? I assume you retain the copyright. They cannot take your GPL-contributed code and make it proprietary. How much other non-Tenable-copyrighted code is there that they are going to have to remove and replace?

      -molo

      --
      Using your sig line to advertise for friends is lame.
    2. Re:Well, this has been coming for some time... by lifeblender · · Score: 1

      The GP did say, "contributed." This is the icky side of the GPL... everyone has to be aware of the legal issues concerning their own work, even as friendly volunteers. To make the situation clear, the GP had access to code liscensed under the GPL, and added to it, afterwards handing that code back to someone. That someone, despite being the copyright owner of the original code, is now handed code that doesn't belong to them, but which they recieve under the GPL. Its incorporation into their own product therefore makes THE WHOLE CODEBASE OF NESSUS under the GPL outside of the sole ownership of its original creators.

      Or does it? Somebody is going to take that to court someday, and it could get ugly. If it goes in favor of the original copyright owner, and not the GPL's terms, then the GPL suffers. If, as it probably should, it goes in favor of the GPL, then less companies will use the GPL, realizing that accepting feedback on a GPL'd project may screw them.

      On a related note, is MySQL in the same position? Certainly the various security teams for various groups have contributed some code back to MySQL by now, unless the developers have been very guarded.

      Somebody, please let me know if cases like this have already happened.

      --
      Playing pornographics games during the day is evil! Play at night!
    3. Re:Well, this has been coming for some time... by Anonymous Coward · · Score: 0

      Does this mean they will be removing any code that was submitted to them under the GPL? It might not have been much, but there definitely were submissions.

    4. Re:Well, this has been coming for some time... by daveewart · · Score: 1

      I've been pretty disgusted by the way competitors have abused Renaud's generosity

      But the code was released under the GPL. The 'competitors' merely manufactured a device that (legitimately) included a copy of code made available under the GPL.

      What's wrong with that?

      If Renaud's business model isn't working, then that's unfortunate, but he chose to release the code under the GPL.

      This seems to be a similar argument to objecting about laptop manufacturers who pre-install Linux as "abusing Linus's generosity". No-one believes that, surely?

      --
      "If you think the problem is bad now, just wait until we've solved it." --- Arthur Kasspe
    5. Re:Well, this has been coming for some time... by cowbutt · · Score: 1
      So you've made a contribution to the Nessus code base? I assume you retain the copyright.

      No. It either belongs to a former employer (since it was developed on their equipment and time) or to Nessus (if by contributing it, it was assumed to be a "donation" to Nessus' copyright owners). Whichever, I'm in no place to do anything to contest it, unless my former employer kicks up a fuss.

      That said...

      They cannot take your GPL-contributed code and make it proprietary.

      Correct, but they can rip it out and write something functionally equivalent. As all my code did was extend Nessus to scan ranges of IP addresses (e.g. 10.1.2.20-10.1.2.254) this is distinctly achievable.

    6. Re:Well, this has been coming for some time... by cowbutt · · Score: 2, Insightful
      I've been pretty disgusted by the way competitors have abused Renaud's generosity

      But the code was released under the GPL. The 'competitors' merely manufactured a device that (legitimately) included a copy of code made available under the GPL.

      What's wrong with that?

      Nothing, under the terms of the present GPL, hence I didn't say that competitors had "abused the license" or whatever. However, Nessus has been one of the most shamelessly exploited GPLed projects, and it that respect, it abuses Renaud's generosity.

      By 'shamelessly exploited' I refer to the hordes of so-called "penetration testers" whose business model consists of little more than a) downloading a copy of Nessus b) whining on the mailing lists when they can't get it built c) eventually getting it built and working e) charging their customers large sums to run scans f) sending their customers virtually unaltered Nessus reports, often unchecked g) neglecting to give anything at all (be it money, or code, or even su) to the Nessus project. The present GPL doesn't require them to do anything more than that, but you'd kind of hope that ethics would dictate that they would. And if not ethics, then maybe a rather less short-sighted view of the necessity of certain bits of software to their business model.

  17. Hardly a "loophole" by spitzak · · Score: 4, Informative

    The "loophole" is an intended result of the GPL. Since this is it's purpose it makes no sense to call it a "loophole" whether you like or dislike the GPL.

    In any case, they are perfectly free to do this. They are also free to release the source code in a way that does not have this "loophole", such as by using normal copyright. Equating "being able to see the source" with "GPL" is a bit of FUD.

    1. Re:Hardly a "loophole" by HardCase · · Score: 1

      Equating "being able to see the source" with "GPL" is a bit of FUD.

      Not at all - the GPL requires that they provide the source to anyone who purchases the software. It's one of the key components of the GPL.

      Other than improvements to the software, I assume that the other key benefit to making the source code available is for many eyes to see it to provide security and functional updates. But if all that's happening to the source is that competitors are taking it and repackaging it under another name and nobody is actually updating the software (other than the licensor), then why release it under the GPL? I'm as utopian-minded as the next guy - I'd like to see everyone benefit from software, but it seems that in this case everyone except the licensor is benefiting. That doesn't seem so right.

      -h-

    2. Re:Hardly a "loophole" by chihowa · · Score: 1
      He meant GPL=="being able to see the source", but

      "being able to see the source" != GPL. GPL is a subset of "being able to see the source", you could publish the source without letting others copy it (like books are published). This technique involves the traditional use of copyright.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  18. Fair enough by overshoot · · Score: 4, Informative
    A number of companies are using the source code against us, by selling or renting appliances, thus exploiting a loophole in the GPL.

    That's not a loophole, that's how it's supposed to work.

    He also notes that the OSS community has contributed very little to Nessus in the past six years, so they were reaping no benefit from using the GPL.

    His code, his rules. As long as he's not including code that others contributed under the GPL, that is.

    The question is, has he either cleared the code, acquired copyright, or licensed it from the authors?

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Fair enough by samj · · Score: 1

      > The question is, has he either cleared the code, acquired copyright, or licensed it from the authors?

      Probably not. I wish I owned a line or two. Can you say SCO? :)

    2. Re:Fair enough by Null537 · · Score: 2, Insightful

      Can you say SCO? :)

      But exploiting those few lines of codes would make you an asshole, can you say SCO?

    3. Re:Fair enough by Anonymous Coward · · Score: 0

      This development begs the question about the future of all the .nasl scripts in the nessus repository. While quite a few of them are products of Tenable, there are also quite a few contributed ones.

      If I were an author I would pull them.

    4. Re:Fair enough by sean23007 · · Score: 1

      My guess is that if it were going to be at all difficult to contact all the outside contributors, he wouldn't have the complaint that there weren't very many.

      He closed the code because he wasn't getting any bug fixes or new features; he was doing all the work himself, and his competitors were benefitting from it. If that hadn't been the case, it would be harder to close the code, but there also wouldn't be a reason to.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
  19. My $0.02 by Anonymous Coward · · Score: 0

    Been today the same day that Snort, a very succesful open source company, has been adquired by CheckPoint- i think Nessus announcement has more to do with Teneable Security business plan and commercial skills rather than with the viability of open source software as bussines in general.

  20. Why open source everything? by Anonymous Coward · · Score: 0

    It's not the source code being closed that is the main problem with software, it's the data formats (which doesn't apply here). Programs are just the file editors and/or viewers of data. Going from open source to closed source with a free binary release instead is just as good in this case.

    1. Re:Why open source everything? by nanop · · Score: 1

      Open file formats and open source code are two different things, but both are important.

      Open file formats provide a common language that can be read by anyone who wishes to use (or write an app to use) it.

      Open source code provides for functionality to be portable across systems instead of needing to be created from scratch. If the authors choose not to support OS X or BSD, someone else can step in a port the app. While the curent OS support may be decent now, things can always change.

  21. Won't GPL3 fix this? by Afecks · · Score: 1

    I seem to remember seeing a /. post about some OSS projects getting screwed because companies are using/modifying the code but not releasing it, only using it for services. To that end I also heard that GPL3 plans to fix this? Maybe someone can post actual links to the relevant posts.

    1. Re:Won't GPL3 fix this? by xgamer04 · · Score: 1

      I also heard that GPL3 plans to fix this?

      Are you questioning whether or not you heard this? Anyway, version 3 of the GPL is still in the drafting/comment period, with people suggesting new 'features' and such.

      Maybe someone can post actual links to the relevant posts.

      Maybe that someone should've been you, seeing as how you're so keen on it.

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    2. Re:Won't GPL3 fix this? by Afecks · · Score: 1

      Are you questioning whether or not you heard this?

      Yes, exactly. I'm glad that you are so brilliant as to figure that out. I was questioning it because I am not sure if that is what I heard. Seems like I did but I'm not sure, hence the question mark. If someone could confirm the fact that they heard the same thing then that would probably mean I was correct.

      Maybe that someone should've been you, seeing as how you're so keen on it.

      Maybe you should shut the fuck up and stop trying to be a smartass. I don't remember the posts so therefore I can't provide the links. Someone else might read it, remember and be able to provide those links. If not then oh well, no need to be a jackass about it.

      Good day sir.

    3. Re:Won't GPL3 fix this? by xgamer04 · · Score: 1

      Maybe you should shut the fuck up and stop trying to be a smartass. I don't remember the posts so therefore I can't provide the links. Someone else might read it, remember and be able to provide those links. If not then oh well, no need to be a jackass about it.

      Who is being a jackass?

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
  22. Definitely worse by codergeek42 · · Score: 1

    1. They get no more free code, since people can't hack on it and improve it for themselves. 2. It's less secure (possibly), as less people have access to the source code to patch/fix it as bugs and holes occur.

    1. Re:Definitely worse by negative3 · · Score: 2, Informative
      I'm not trying to start an argument, but from TFA: "The developer also expressed disappointment over the lack of community participation in developing the software, despite its open-source license. 'Virtually nobody has ever contributed anything to improve the scanning engine over the last six years,' he wrote, noting that there had been minor exceptions."

      1. They get no more free code, since people can't hack on it and improve it for themselves. It appears that this has been the case for the last 6 years. Maybe the switch away from the GPL would cause people who only improve it for themselves to say "Hey, I'll participate if you let me back in!" If the people who actually do play with the source code keep the modifications to themselves, then the company might see little to no change in a year because they apparently weren't benefiting much from being open source anyway.

      --
      "Physics is to math what sex is to masturbation." - Richard Feynman
  23. I imagine by Lifewish · · Score: 1

    that they've done the QT thing and made sure they have copyright to their entire codebase (not hard if, as they claim, the FOSS community hasn't been contributing much). Then they can take their codebase, add to it and rerelease under a closed license. You're right that they can't do anything about the stuff that's already in the open tho.

    This is only a dodgy strategy if anyone *has* been contributing, and didn't turn their copyrights over to TNS. Anyone gonna put their hand up here?

    --
    For the love of God, please learn to spell "ridiculous"!!!
  24. Exploting a loophole? by Anonymous Coward · · Score: 0

    It seems to me they wanted the attention and publicity 'open source' brings without the consequences that the GPL clearly spells out.

    Exploting a loophole? Give me a break, it's there for a reason. For which, obviously, these people havn't a clue!

  25. You do not get Open Source. by RevDigger · · Score: 5, Interesting

    This is not a "loophole in the GPL". It is exactly how the GPL, and similar OSS licenses are intended to work. If you don't want other people freely using, modifying, and even selling your software, then do not open source it.

    Also, it seems rather rich that they are selling a product that depends on a number of other OSS projects (expat, gettext, gmake, libiconv, libtool) and complaining about people making money off their code.

            - H

    1. Re:You do not get Open Source. by PatrickThomson · · Score: 2, Insightful

      You're missing the point. They are annoyed at the loophole in the GPL that allows other companies to use/modify the source code, AND profit from doing so, without releasing the changes. At all.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    2. Re:You do not get Open Source. by manno · · Score: 1

      It's even worse than that. Their dirct competitors are using their work to compete directly against them. How does that help anyone, consumers included. I say good for them, and I hope they bring it back under a better license.

    3. Re:You do not get Open Source. by rastos1 · · Score: 2, Interesting

      I don't get it. They modify the source and profit from doing so. I understand that they distribute compiled modified GPL source. And GPL says, they can't do that without publishing the modified source. They are clearly in violation of GPL.

    4. Re:You do not get Open Source. by javifs · · Score: 1

      You would say that there is a loophole in EULAs when companies pirate software? Because that's just the same loophole, it's a copyright violation, and it's illegal. Closing-sourcing the "rules" was the first move by Tenable and Source to try to prevent this piracy from other security vendors of their knowledge (some software vendors even copy & pasted their rules onto their IDS/IPS products with minimum changes). Do you really believe that someone who pirates the GPL is even afraid of piracing a more restrictive license? I don't think so.

    5. Re:You do not get Open Source. by Sithgunner · · Score: 1

      I agree.

      All these Open Source buzz words flying with many quality open source programs out there, I'm sorry to hear some developers have chosen the wrong license for their own creations.

      Developers should know the consequence of the license they choose, and choose what they want in the first place. Software doesn't have to be open source, though it does help in a way.

    6. Re:You do not get Open Source. by PatrickThomson · · Score: 1

      No, the loophole is that if they don't distribute, they don't need to release. So what you do is run your code on servers that you own, and rent "server time" instead of selling the program. It's a well-known problem.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
  26. Selling or Renting Appliances? by Svartalf · · Score: 2, Insightful

    Considering that in EACH of those cases, the software IS distributed, they could have went after the offenders. Perhaps they can't afford lawyers to do so- I DID mention in numerous threads before that Copyright, etc. is only as good as the legal effort you can muster to defend your IP rights.

    I don't buy this as a reason, mind- because the people in question are still infringing and making it free as in beer won't change the situation any more than it is now. You have to go after them for their infringements- licenses don't change this. If it were the case, MS (or any other BSA members, for that matter) wouldn't be so worried about piracy of their products...

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Selling or Renting Appliances? by snuf23 · · Score: 2, Informative

      "Considering that in EACH of those cases, the software IS distributed, they could have went after the offenders."

      Selling or distributing an appliance is not against the license. You are selling the hardware with the free software installed on it. You can even make changes to the software so long as you release the modified code. This is exactly how the Cobalt RAQ servers were sold. They sold hardware and a proprietary web based GUI wrapper that configured the GPL'd web server applications. Nothing illegal about it.
      There are tons of appliances (firewalls, anti-virus, anti-spam, intrusion detection etc.) that are nothing but Linux servers with a custom web gui running open source apps. Just like Mac OS X can include Apache as the web server and not release the code for the GUI app that controls it.

      --
      Sometimes my arms bend back.
    2. Re:Selling or Renting Appliances? by lividdr · · Score: 1

      Key word here: "Appliances"

      It's likely his competitors are selling/renting appliances that happen to have Nessus installed. Customers are paying for the appliance, not the software, same way that a PC maker can "sell" a Linux box with distro 'X' pre-installed.

      As long as his competitors aren't making changes the Nessus code, they don't have to release anything - just include the appropriate license documentation and maybe a ref back to the Nessus website.

      --
      Give a man a beer and he wastes an hour. Teach a man to brew and he wastes a lifetime.
    3. Re:Selling or Renting Appliances? by Paul+Jakma · · Score: 1

      As long as his competitors aren't making changes the Nessus code, they don't have to release anything - just include the appropriate license documentation and maybe a ref back to the Nessus website.

      Your understanding of the GPL, as demonstrated above, is such that you really should refrain in future from giving answers about what the GPL does and does not require.

      His Nessus distributing competitors *would* have to supply sources to customers they distribute to, regardless of whether they do or do not change the code. You can not discharge the obligations of the GPL to provide source by simply giving a "ref back to the ... website" if you distribute commercially, rather you must supply the source with the product or provide an offer that /you/ (and no-one else) will provide the source to any 3rd party (valid for 3 years).

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  27. They haven't learnt the lesson by Nikademus · · Score: 2, Insightful

    What did happen to xfree86 project when they changed thier licensing?
    Well, I just assume the same will happen with nessus, except if there is no interest in nessus when there was on an X server.

    --
    I gave up with the idea of an useful sig...
  28. que triste by GojiraDeMonstah · · Score: 1

    Sad for them, and sad for the FOSS community. As it is no doubt only a matter of time until they become poster children for Bill Gates assertion that FOSS is communism and does't work.

    --
    "Stop throwing the Constitution in my face, it's just a goddamned piece of paper!" - George W. Bush Nov. 2005
  29. Sad day by Cally · · Score: 2, Interesting
    Dang, I just submitted this. Ah well, perhaps I'll get a dupe... it'll take a few hours to get to the top of the submissions stack, perhaps Taco will be posting by then ;)

    Anyway, speaking as a long-term user of Nessus, I have had direct personal benefit from it being Free; it enabled me to get familiar with it on my home network which (along with snort, nmap, ipf, tcpdump and a load of other Free stuff) enabled me to move into network security five years ago. Of course, it's Renaud's code and it's his right to release it under whatever licence he wants; but it's a shame. Let's hope someone's prepared to fork the GPL'd v2 codebase and start adding the improvements it needs.

    Of course, I'm assuming that all the plug-in authors are happy with this. When Tenable released a closed-source Windows port (NEWT) I queried the position on a mailing list somewhere, I forget the outcome but it seemed odd to me. It seems really unlikely that Tenable would do this without the plug-in authors' agreement,.. anyone got info on that?

    With my 'Free s/w zealot' hat on, I have to say that it'll be interesting to see how the community responds to this. In my copy of the FSZH (FS Zealot's Handbook... version 2 or later :) it says that a benefit of GPL licensing is that the community can pick up and continue with the remaining GPL'd source. Are there any coders out there interested and motivated enough to pick up the GPL'd project? It'll be interesting to see. Fingers crossed....

    --
    "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    1. Re:Sad day by Anonymous Coward · · Score: 0

      You're making no distinction between the nasl scripts and the nessus engine. The nasl scripts will continue to remain open source from what I understand. It's the Nessus engine itself that's becoming closed source.

      Furthermore, I'm really looking forward to the backend not being tied to the GUI as I have thought for some time that the right way to have a gui would be to create a web service of some type.

    2. Re:Sad day by killjoe · · Score: 1

      Of course the code will be forked. The real question is who will pay for a commercial version of a closed source scanning program when there is an open source version available?

      They are doing this to make money, if they fail to make money I think it will be valuable lesson in the economy of software development.

      --
      evil is as evil does
  30. Re:Domain name spoofing alert! by uid0mako · · Score: 1

    com.com is registered to CNET networks. Same as news.com.....

  31. Reformatting doesn't help... by Svartalf · · Score: 1

    Already a raftload of precedents in the Courts that show that this is the case. Reformatting the source code doesn't change the literary work in a sufficient way to count as a seperate work.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  32. Re:Domain name spoofing alert! by daniel_mcl · · Score: 0

    A quick whois confirms that news.com and com.com are both owned by C|NET. Nothing to see here, folks.

    --
    I used to read Caltizzle. I was a lot cooler than you.
  33. Maybe an OSS future isn't that bright afterall by ShatteredDream · · Score: 4, Interesting

    Open source software has worked pretty well in areas that provide services such as operating systems, development tools and server software because in those areas the people who need them also need support and have a vested interest that they are aware of in supporting the tools they use. I don't think that desktop software which is typically sold, however, works well in that respect. Most users have no reason to believe that they have a vested interest in supporting OpenOffice and I would bet that if Sun dropped their support the project would implode.

    Let's be serious about this. The GPL provides **no** protection to companies whose business model is built on selling software that doesn't need support contracts or anything like that. If selling software is your business, then the GPL is basically a suicide pact for your company and the same applies to all other open source licenses because your competition can repackage your millions and billions of R&D dollars/Euros/Yet/etc. and you get... precisely what?

    It's funny how much having a girlfriend that you are working toward marrying and realizing that your idealism cannot feed your children will change your perspective on open source software. I like Linux, love Tomcat and am eager to give PostgreSQL a shot and I run my own nightly builds of Firefox, Thunderbird and Sunbird on my Windows laptop, so I am definitely not some fanboy for either side. So let me just say this to most of the zealots: OSS is never going to win in the long run because developers have families to support and will not slit the throat of the goose that lays the golden eggs (though sometimes they seem a little bit like bronze) that pay the bills and support one's spouse and children.

    Get to that point and you'll realize that Microsoft is good because they create work for you. Same thing with Oracle, Sun, IBM, etc. Infrastructure can and in some areas should be open. However, no one is going to make money on open sourcing things like Quicken or TurboTax and other common user apps unless they are utterly useless without some expensive services provided by the company that makes them. How else are they going to make money, eh? We ought to eliminate software patents and EULAs, those are things the OSS movement is right about. However, the OSS movement if successful (and I doubt it will be in the long run) will end up making it very hard to make money in software development and maintanence. Good for this company that they realized that before it was too late. I'm glad that they chose to protect their employees and stockholders instead of pursuing Stallman's dream of a world in which software developers effectively cannot make a living directly off their code.

    1. Re:Maybe an OSS future isn't that bright afterall by SkipRosebaugh · · Score: 1

      I recently heard a statistic that the majority of programming jobs are for code that will only ever be used internally to the company. General Mills, Hormel, etc. - All sorts of big companies have internal programming teams. For these people, OSS isn't so much detrimental as irrelevant.

    2. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 1, Insightful

      Any Anonymous coward want to mention why they modded this a troll? He brings up very good points about OSS and Commercial software and their nature.. just because you don't necessarily agree with him does not mean he's a troll.. He takes a very pragmatic view of OSS (which some of you also know that Linus himself does..) Of course, I know a lot of you who would mod Linus a troll on here out of spite for the simple fact that he supported Bit-Keeper and does not appear to drink Stallman's Kool-aid.

      Typical Slashdot BS at it's finest.

    3. Re:Maybe an OSS future isn't that bright afterall by oGMo · · Score: 3, Insightful

      The GPL provides **no** protection to companies whose business model is built on selling software that doesn't need support contracts or anything like that. If selling software is your business, then the GPL is basically a suicide pact for your company and the same applies to all other open source licenses because your competition can repackage your millions and billions of R&D dollars/Euros/Yet/etc. and you get... precisely what?

      Welcome to a disruptive technology. Guess what? New things happen. Things are invented. Trends happen. People go out of business because the business model they rely on is made irrelevant. That's how a free market works.

      It's funny how much having a girlfriend that you are working toward marrying and realizing that your idealism cannot feed your children will change your perspective on open source software. I like Linux, love Tomcat and am eager to give PostgreSQL a shot and I run my own nightly builds of Firefox, Thunderbird and Sunbird on my Windows laptop, so I am definitely not some fanboy for either side. So let me just say this to most of the zealots: OSS is never going to win in the long run because developers have families to support and will not slit the throat of the goose that lays the golden eggs (though sometimes they seem a little bit like bronze) that pay the bills and support one's spouse and children.

      The CD-ROM put encyclopedia salesmen out of business. We could apply your same argument: "It's funny how building a family changes your perspective on cheap mass storage. I like mass storage, but it's never going to win in the long run, because encyclopedia salesmen have families to support and will not slit the throat of the goose that lays the golden eggs that pay the bills and support one's spouse and children."

      Guess what? They didn't slit the goose's throat. Someone else did, and put them all out of business. Technology happens. Trends happen. People go out of business. That's how a free market works.

      If you're in a business that relies on software sales right now, and they're not looking at becoming a service-oriented company, start making your exit plans now. You may not have to use them for a few years, but software is simply becoming a commodity market. The big-bucks-for-trivial-software cash cow is already dying.

      Get to that point and you'll realize that Microsoft is good because they create work for you. Same thing with Oracle, Sun, IBM, etc. Infrastructure can and in some areas should be open.

      Microsoft is starting to get nervous themselves. Google is the next-generation; they've already found the trend, they're already there. Microsoft is like the RIAA; screaming and throwing tantrums because they're seeing their hold on the market diminish.

      Oracle, Sun, IBM, etc. are all becoming service-oriented. Buy servers and service from IBM, Oracle, Sun, etc. Oracle still has ridiculous licensing fees, but they also have ridiculous consulting fees, and there's a whole market for DBAs, consultants, and DB programmers. And since when was Sun ever a software company?

      However, no one is going to make money on open sourcing things like Quicken or TurboTax and other common user apps unless they are utterly useless without some expensive services provided by the company that makes them. How else are they going to make money, eh?

      Where have you been? TurboTax is already moving on. (I don't know about Quicken.) The software is essentially the same, but the laws, the rules, the numbers change every year. This is what people pay for, or they'd not bother upgrading in the first place!

      However, the OSS movement if successful (and I doubt it will be in the long run) will end up making it very hard to make money in software development and maintanence. Good for this com

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    4. Re:Maybe an OSS future isn't that bright afterall by jsight · · Score: 1

      I recently heard a statistic that the majority of programming jobs are for code that will only ever be used internally to the company. General Mills, Hormel, etc. - All sorts of big companies have internal programming teams. For these people, OSS isn't so much detrimental as irrelevant.


      Irrelevant? Er, those are often the kinds of places where it makes the most sense.
    5. Re:Maybe an OSS future isn't that bright afterall by bersl2 · · Score: 2, Insightful

      However, the OSS movement if successful (and I doubt it will be in the long run) will end up making it very hard to make money in software development and maintanence.

      The money is made in doing custom modifications of the software.

      Anyway, nothing prevents FOSS and proprietary software, sans software patents, from coexisting stabily.

      The GPL isn't necessarily the best license for all software, as well. Non-commercial use/commercial dual licensing might have been better for the project.

    6. Re:Maybe an OSS future isn't that bright afterall by grumbel · · Score: 1

      ### OSS is never going to win in the long run because developers have families to support and will not slit the throat of the goose that lays the golden eggs

      I agree with you that OpenSource isn't the magic-bullet that many people claim it is, especially 'OpenSource' as a business model is basically suicide, however in the long run OpenSource will win. Sure, some OpenSource programmers might turn into ClosedSource programmers because they need the money, but for each one that leaves you get a new one jumping in. OpenSource progress is always happening, it might be extremly slow at times, but many OpenSource software has already aproached a point of simply being 'good enough' and once there it will start to put commercial developers out of business, if they want or not. Office tools, browser and such are basically done these days, sure there are still new features implemented every now and then, but the differences between them is so small that most people won't even notice, so people will use whichever is the cheapest, which will be the OpenSource one. There is of course software on the market that requires constant redevelopment, extremest example would be games, which OpenSource has a hard time to follow, but normal 'software in boxes' won't have that much of a future if you can get the same for free. The joy of OpenSource is that once release it will stay free *forever*, meaning you can't remove it from the market no matter what you try, if it is popular enough it will find new deveolpers sooner or later.

    7. Re:Maybe an OSS future isn't that bright afterall by aafiske · · Score: 4, Interesting

      I'm not sure why rude, off-base replies like this get modded up. You seem to have missed the point, adrift in a sea of cliches as you were. The grandparent poster was saying that the OSS approach will not work very well for software that cannot be supplied as a service. There is no incentive for a company such as that to open source at all. If the company meets competition in the form of OSS developers, then yes, the free market will decide who will survive. I believe it is the grandparent's contention that overall, closed-source will win these battles because in the end, people would like to make a living doing what they're doing and as such, the good engineers will end up with the companies.

    8. Re:Maybe an OSS future isn't that bright afterall by Khalid · · Score: 2, Insightful

      There is some merit to what you say. I believe that open source as a sound development process has been way over hyped by ESR (Eric Raymond), who has done a terrific job in convincing business persons ad developers alike with his papers and thanks to his eloquence and enthusiasm. In practice, very few open source users contribute code, partly because it's very hard to understand code written by other which most of the time undocumented, or simply because they lack time, or have other priorities. Nearly all open source contributors are in fact paid by companies (IBM, Red Hat, Novell, Etc. for Linux), many Gnome and KDE hackers are also paid for their coding and so on. For an open source project to thrive in the long run it has to have a sound business model so he can pay contributors, he can't rely only volunteers to make it happen.

    9. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      "I'm not sure why rude, off-base replies like this get modded up." Well your post hasn't been modded up, so there goes your premise.

    10. Re:Maybe an OSS future isn't that bright afterall by nathanh · · Score: 1
      So let me just say this to most of the zealots: OSS is never going to win in the long run because developers have families to support and will not slit the throat of the goose that lays the golden eggs (though sometimes they seem a little bit like bronze) that pay the bills and support one's spouse and children.

      I disagree. I think OSS will win in the long run simply because there are zealots who will happily slit your throat for you, metaphorically speaking. You can't compete with free. Not when the quality of software is this high. The OSS stuff is sometimes better, sometimes worse, but on average it's competitive with non-OSS software. Then it all comes down to price and at that point you cannot win.

      Combine that with industry collaboration - companies like Novell, Sun and IBM throwing their weight behind OSS, seemingly to harm Microsoft - and there is a huge pool of funded OSS. That's right, developers writing OSS while still supporting "one's spouse and children". You can't compete with that, so you might as well stop complaining and get on the bandwagon.

      Or do what I did and get out of paid development, because it has a limited future as far as I'm concerned.

    11. Re:Maybe an OSS future isn't that bright afterall by Bruce+Perens · · Score: 1
      No, you have that wrong. Open Source helps those folks because it gives them a mechanism to distribute cost and risk rather than sustain all of the development on their own. For a longer discussion, see this paper.

      Bruce

    12. Re:Maybe an OSS future isn't that bright afterall by Bozdune · · Score: 0

      A larger question is, when is software worth paying for, and when isn't it? Everyone has his own opinion. I think Excel is worth paying for, it's terrific. I think Windows is worth paying for, because OS-whatever only runs on Apples (they will NEVER get it), and the Linux desktops, well, suck.

      I don't think Word is worth paying for, it pisses me off routinely. Neither is Photoshop -- The Gimp is good enough for what I do. Acrobat isn't worth paying for, I can generate PDF's a dozen different ways. I'm about to buy a Windows utility program that watches socket activity. It's terrific, it's cheap, and the free alternatives I've tried suck.

      I'm currently using a treemap control that I paid for. I paid for it because it does what I need it to do. It is enormously better than anything out there, and it's better than the control we built for ourselves, which is running into issues that we don't have time to solve.

      Of course my firewall runs Linux. But not much else, except for a caching dns lookup. What's the point? Cygwin satisfies my command-line Jones. I use an external hoster, haven't hosted my own site for years, too much bother.

      I think I'm typical. People buy software because it satisfies a need. OSS falls into the "good enough" category, rarely the "best of breed" category. OSS is "good enough" for most of what I do. It's "best of breed" for IT stuff like dns and firewalling and so on. But OSS isn't as good as Excel. It isn't as good as Windows (sorry).

      I ran Nessus, once. It was OK. Not great, just OK. Someone else did a commercial sweep of our site, found stuff Nessus didn't. We paid for that, didn't pay for Nessus. Was Nessus good enough? I don't know, it was useful I guess. I sure wasn't interested in their source code, who cares? I just wanted to run the utility once. If they're taking it closed-source because their competitors are stealing their ideas, I sympathize wholeheartedly. Their business model didn't work, and you gotta do what you gotta do to stay in business. Or you get another job and do Nessus as a hobby.

      I think what the parent misses is that open source projects are hobbies. Hobbies take energy, people get enthusiastic about them, and so on. There will always be a pool of people wanting to join up and play together. Sometimes there will be a coalescing of usefulness and a reasonable product will emerge. Sometimes not. Was Nessus something hobbyists were excited about? Apparently not. C'est la vie.

    13. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      Where have you been? TurboTax is already moving on. (I don't know about Quicken.) The software is essentially the same, but the laws, the rules, the numbers change every year. This is what people pay for, or they'd not bother upgrading in the first place!

      So your saying that TurboTax DOESN'T package up a new client and sell it every year? So you can download it for free now? ohhh.. that's right.. They still charge for their client software: http://www.turbotax.com/

      Yes I noticed that you can do TurboTax on the web, but that doesn't prove your point at all.. They've simply changed the client to a thin-client and also such that you pay for the software after filling it out. I don't see how this proves anything other than they are shifting their business model for ease of use of customers.

      I'm sorry but this does not support that if they were to now give their source code away, that they would still be able to survive as a business.

    14. Re:Maybe an OSS future isn't that bright afterall by Sycraft-fu · · Score: 1

      "The CD-ROM put encyclopedia salesmen out of business."

      That's fine, but here's the thing: The CD-ROM was a replacement for encyclopeidas (by the way there are still plenty of paper ones sold), OSS is not a replacement for software developers. I can start an OSS project, but without any developers, it won't go anywhere. If developers never get any money for it, can be rather hard to find.

      See if we move to a "no-money for code" environment then we have one where all that gets developed is what developers want, which is often not what everyone else wants. Then, of course, there'd be alrge companies who'd get custom apps. However if I pay $10million to have an app developed that makes my business better, you'd better believe I'm not giving it to my competitors for free. Let them spend their own money. Then of course we have normal users out in the cold, unable to write their software, unable to buy it.

      Well of course this won't happen, people want to make money selling to those normal users. However if OSS is going to kill their ability to do it, they'll just not do OSS.

      Not all software works on a support model. For example I just receantly bought Sony Vegas for work. It's an audio/video editor, I use it to make instructional movies. Now I neither want nor need support for it. A well written manual (which it features) is plenty. Now had Vegas been OSS, and someone else released a no-cost version, I'd have downloaded that. No sense in spending our limited budget on software if we can get it for free. The way they make money is by selling the software. They spent a lot of money developing it, they want money back in return.

      It's a nice idealistic paradise where all software is free, and due to no-cost (essentially) electronic duplication it's possible except for the fact that it takes effort to make. Good software takes a lot of time and effort to design, implement and test. For people to spend their workday doing this means they need to make money. They have real physical needs that require money. If they don't get the money, they can't afford to spend their work time on it as they'll need to do something else to make the money.

      So I think you are wrong. I think that there will continue to be a great deal of commercial software because, ultimately, software developers need money too.

    15. Re:Maybe an OSS future isn't that bright afterall by jdigriz · · Score: 1

      This is an interesting point. If OSS, created by volunteers, is as high or higher quality than corresponding proprietary software created by paid full-time employees, then isn't the company that is paying for the creation of source-code for its own exclusive use getting ripped off by its own employees? The day that professionals can't compete effectively with volunteers is the day that those professionals should pack it in and go home, because they aren't providing value to the company. Either being a "professional" has no meaning any more when compared to "amateur", or the massive inefficiencies created by hierarchical organizations and corporate BS destroy any advantages they may have had over amateurs in a flatter meritocracy.

    16. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      > That's how a free market works.

      For OSS, the danger is not "can't support spouse and children", It's "not forced to do the things the user needs, because not waiting for his money"

    17. Re:Maybe an OSS future isn't that bright afterall by aeoo · · Score: 1

      The big-bucks-for-trivial-software cash cow is already dying.

      What exactly is trivial? Isn't that a little subjective? I think installing a pipe or fixing a leak is trivial, but plumbers (who provide a service) still charge a very decent rate. :)

      Garbage companies make decent money just getting rid of stuff. I mean, getting rid of stuff is not exactly a big genius.

      On the other hand, there is such a thing as an artisan. If you make a chair and an artisan makes one, there will be a big difference. Your chair will suck, and the artisan's chair will be sublime. An artisan garbageman can make art out of garbage disposal. Even the most mundane and trivial task can be enlightened through artisanship.

      Either way, the situation is not as clear and obvious as your post makes me think.

    18. Re:Maybe an OSS future isn't that bright afterall by Amouth · · Score: 1

      i wish i had mod points.. i would give you them all..

      parent needs to be read... i love oss but honestly i like food.. there for i wright my code closed so that my company will pay me for it so they can sell it and make more money.. sure i don't mind helping out on OSS but it is a hobbie not a life..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    19. Re:Maybe an OSS future isn't that bright afterall by kindbud · · Score: 1

      However, the OSS movement if successful (and I doubt it will be in the long run) will end up making it very hard to make money in software development and maintanence.

      This is very true, so long as you define "successful" as "makes money." But OSS defines success as "still here, still available to be used at any time by anyone, for any reason." By that standard, OSS is already successful and cannot fail until the last computer fails.

      --
      Edith Keeler Must Die
    20. Re:Maybe an OSS future isn't that bright afterall by Piquan · · Score: 1

      Let's be serious about this. The GPL provides **no** protection to companies whose business model is built on selling software that doesn't need support contracts or anything like that. If selling software is your business, then the GPL is basically a suicide pact for your company and the same applies to all other open source licenses because your competition can repackage your millions and billions of R&D dollars/Euros/Yet/etc. and you get... precisely what?

      Only for your primary product. My entire career as a programmer, I've never written software for my employers to sell, although I've always worked for companies that sell software (sometimes as OSs for hardware). I've written programs to track RMAs, filter logs from the lab, display our website, maintain system reservation data, search for suitable test configurations, browse source code, configure firewalls, etc, etc. None of these are things we sold. This has been not just at large-cap companies, but also at small companies with only three coders.

      A large percentage of the software written by a company is for internal use only. Some of them are very company-specific, but some aren't. Some of the ones that are nearly company-specific may be something that the customers would want to use.

      I realize that Nessus isn't an internal tool for this company. I'm just pointing out that "open source is bad if you sell software" is a little off-base, and damages people's perceptions of open source.

    21. Re:Maybe an OSS future isn't that bright afterall by killjoe · · Score: 2, Insightful

      "So I think you are wrong. I think that there will continue to be a great deal of commercial software because, ultimately, software developers need money too."

      If you think that the driving force for the software industry is the need for developers to make money you need to go back to school.

      Everybody needs to make money, and yet industries come and go.

      --
      evil is as evil does
    22. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      Yeah, selling a service to support the product is a good alternative to earning revenue off the product itself. Provided that others can't interfere with that business model. You release an application like that open source in anticipation of earning revenue from the service, your code will be picked apart and competitors will offer patches to your product and ad-supported versions of the support service faster then you'll make your money back on the development time. Close your source and an open source project will be made in your wake (look at MythTV vs. Tivo). Real innovation comes from greed, like it or not -- just because you don't agree with it doesn't mean it's not true.

      Proof? Why does Id Software wait 10 years before releasing their source? What do you think quake4 would be like if John Carmack knew his grandiose new SourceForge project wouldn't see more then $50 in paypal donations? How many of you would actually donate?

      Heh, there's another thing, you think Doom would be a movie today if it were some F/OSS project? What next, "2 Fast 2 Tux"? Wouldn't the GPL mean the theaters have to let people see the movie for free? Oh, wait, there's the service thing again, they make their money back on Popcorn! I'll bet what theaters make in concessions is spent on salarys for the people who have to clean them up off the floor at the end of the movie.

      Your argument boils down to "I want it free, so anyone still charging for it is evil". At least don't try to disguise yourselves as 'good-intentioned', show companies your true nature so that they can find a market for you and you'll be satisfied.

      1) Make an awesome product or service.
      2) Release the plans/source/supplier info to the F/OSS community.
      3) ...
      4) Feel really good about yourself! (At least until you go hungry.)

    23. Re:Maybe an OSS future isn't that bright afterall by oGMo · · Score: 1
      The grandparent poster was saying that the OSS approach will not work very well for software that cannot be supplied as a service.

      Wait, what? This double-negative is confusing and confused. The parent says this in the first sentence: "Open source software has worked pretty well in areas that provide services such as operating systems, development tools and server software". You say "supplied as a service", which means something entirely different; I don't know if you intended this or not, but it doesn't really mesh with the discussion.

      There is no incentive for a company such as that to open source at all. If the company meets competition in the form of OSS developers, then yes, the free market will decide who will survive.

      Since we're not sure what you mean by "company such as that", we have a couple options. One, you mean a service-oriented company like Google, who provides searching, research, and other information as a service. Open source makes perfect sense for this sort of company, since software isn't their product: service is.

      The other option is what the original poster meant, a company that gets money from software licensing only, from things that don't involve services (such as information, consulting, maintenance, etc.). No, OSS doesn't make sense. My point is that it doesn't matter... software houses will move, or get run over.

      I believe it is the grandparent's contention that overall, closed-source will win these battles because in the end, people would like to make a living doing what they're doing and as such, the good engineers will end up with the companies.

      This overlooks reality. The "good engineers" are leaving places like Microsoft (software house) and moving to places like Google (service provider). For Google, open source makes all the sense in the world.

      Now, some may argue (and with some merit) that services are merely a "new closed source". You don't get to see the backend code. The service is blackbox. You do, however, have complete programmatic access to data, which prevents vendor lock-in. The market has, to an extent, engineered around a fault. This is subject to another conversation as it's really off-topic at this point.

      The point is this: open-source is here, now. It's not a question of ultimate success. It's already succeeded. Wildly so. Engineers are moving to companies that are open-source friendly, like Google. If you're stuck at a software house, you should consider your position very carefully, and start planning for the inevitable future now.

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    24. Re:Maybe an OSS future isn't that bright afterall by ravind · · Score: 1
      Welcome to a disruptive technology. Guess what? New things happen. Things are invented. Trends happen. People go out of business because the business model they rely on is made irrelevant. That's how a free market works.

      Yes trends happen and people go out of business but the point that the grandparent was trying to make is that people don't generally drive themselves out of business.

    25. Re:Maybe an OSS future isn't that bright afterall by ravind · · Score: 1
      I don't know who modded you insightful, but you just mis-stated his argument and then refuted it. The grandparent stated that all software is not going to be "free" (speech or beer, take your pick) because software developers need money. This states nothing about the driving force behind the software industry as a whole, it merely states his opinion as to the position of commercial endeavors within that industry.

      You are the one that needs to go back to school (though from your remark its' quite possible that you're still there) and while you're there, pay more attention to reading and comprehension.

    26. Re:Maybe an OSS future isn't that bright afterall by Monkeyman334 · · Score: 1

      incentive for a company such as that to open source. I was going to mod down, but I don't have a -1 Wrong. Companies will have an incentive to release open source software because people will demand it. The real advantage to OSS is to consumers because it stops vendor lock-in. The Microsofts of the world will lose business to OSS when people learn their lesson after paying hundreds for Office suites over the years. Right now OSS happens to often to be free, but that's just because Linux just isn't as easy to use as Windows right now. If Linux and Windows were the same thing except Linux came with source, MS would go out of business. That's the businesses' incentive.

    27. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      It is true that there are issues that confront open source, this problem regarding how the people who develop it, especially full time, will be able to have food to eat.

      One thing that some companies consider and do, like Sun, is make the source avialable but cover it under a commercial licence. Thus at least the person who buys it gets the code and has some freedom if they choose to read the code they bought and which is running on their computer. This is the way things were long ago in fact on many old computer systems.

      Also, another great idea is creating an open source funding trust, people would donate money to the trust for specific project. A project will say, we will implement this feature, donate x amount of money and we will do it. There would be a deadline after which the money will be refunded back to the donators if the feature is incomplete. When enough money is donated, work begins. When the feature is complete the money is transferred from the trust account to the developer. This allows customers to pay for features and improvements and requires them to do so if they want the improvements, but they do not end up paying for features that are never completed.

    28. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      It got modded up because it's true. The market destroys inefficiencies, that is, it reduces margins to zero. Shrinkwrap software is a high margin business, and it was obvious even to pioneers like Bill Gates that this couldn't last. Unfortunately for Bill after many years of trying to diversify his only really profitable divisions still sell shrinkwrap software (albeit with some of the actual revenue in the form of subscriptions).

      Free Software fits into the picture because there has to be a /mechanism/ for the market to eliminate margins. Of course there is a financial incentive to find that mechanism, which is how the market ensures it will exist. In the 1980s it looked as though there was a loophole because you could set the entry barriers so high that you'd protect your market share, and the margin in software is all from market share. Free Software closes the loophole, your customers AND your competitors have good reason to commoditise your product and put you out of business.

      "How do programmer's get paid?" is a red herring. They get paid the same way anyone else does. People need some programming done, they pay a programmer to do it. Sometimes that means a huge corporation like Red Hat or IBM. Sometimes it means a tiny specialist outfit. Anyone who imagines that all this Free Software is being written by students or in spare lunch hours is in for a rude awakening. If you want a /crazy/ way to pay people look at bedroom coders in the 1980s who spent 6-18 months writing something and then hawked it around publishers saying "Anyone want to pay me for my hard work?", I'm sure any authors trying to turn professional can tell you what a reliable way to make money that isn't.

    29. Re:Maybe an OSS future isn't that bright afterall by killjoe · · Score: 1

      "The grandparent stated that all software is not going to be "free" (speech or beer, take your pick) because software developers need money."

      yes, and that's a stupid thing to say. One has nothing to do with the other.

      --
      evil is as evil does
    30. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      "However if I pay $10million to have an app developed that makes my business better, you'd better believe I'm not giving it to my competitors for free."

      Fair enough, you paid $10 million for $10 million worth of software. Of course, since your business probably isn't a /software/ company that's $10 million costs, and in reality it's unlikely to be a $10 million competitive advantage, especially if your competitors each spend $10 million on their own equivalent. If you'd gone to your four biggest competitors you could /all/ have the software for $2 million each and you'd get back to serving your customers with $8 million more in the bank for expansion and infrastructure investment.

      Wait a minute, that already looks eerily like the Free Software model again.

      What currently happens is that a company sells you a $10 million "solution", and it's proprietary, and so in 5 years you have to procure a new solution, this time with the original vendor as the only one to offer compatibility. You're locked in, they know it, and the prices will reflect that fact. Now you're losing your competitive advantage AND your ability to control your company's destiny. Big man coming in to size you up for that advantageous merger? Don't show him the wacky proprietary software you have running on that basement hardware, he'll have a heart-attack because the integration costs after the merger will be murderous.

      So let's recap. When it comes to tailored or bespoke software the proprietary option is more expensive for dubious benefits, and it may end up screwing you in unexpected ways down the line. Meanwhile the Free Software alternative was cheaper, and transparent and free of these future worries. Sounds like you'd better go call your competitors.

    31. Re:Maybe an OSS future isn't that bright afterall by diogenes57 · · Score: 1
      Linux desktops suck? Which ones have you used? I would say compared to Ubuntu that Windows sucks. Ubuntu just works. If you have an annoying "feature" in Windows, can you turn it off? Sometimes easily, sometimes only through the registry, and sometimes not at all. Since Linux is open-source I can modify any part of my desktop to exactly the way I like it. I didn't like Ubuntu's non-spatial Nautilus configuration so I turned it off, through a GUI nonetheless (gconf-editor). I wanted a screensaver to appear at the login screen--I followed some simple steps found on a community site and it works. How much really useful information have you found through MS Knowledgebase? The MS community is usually not so helpful either, although this is somewhat balanced by their sheer number.

      I think I'm typical.
      And that is a major problem in this world. People are all to easily satisfied with mass-produced, one-size-fits-all solutions. Instead of learning how something works and tweaking it to one's personal tastes, people would rather accept what's "good enough", even if that "good enough" is not really good enough. Windows machines, on average, are like flytraps attracting every bit of dirty code that can exploit its many weaknesses. Windows users will continue to exist as long as Hollywood movies and RIAA music continues to be popular, I guess. The rest of us will have to be content to find our own happiness.
    32. Re:Maybe an OSS future isn't that bright afterall by IamTheRealMike · · Score: 1
      I don't think it was that rude or off-base (by Slashdot standards).

      Anyway. The point was that people are focussing on "what is the business model for open source" when the real question to ask (thanks to Nat Friedman for this) is "what is the business model for software".

      Software isn't like food or water. It's not something we need and die if we don't get. It's a set of tools that make life easier - software is written to solve a problem. Most programmers are already paid to solve specific problems for specific clients. Comparitively few work in the retail software industry.

      The "open source trend" if you like is that groups of people who happen to be working on solving the same sorts of problems for their clients co-operate on the tools they use. In the case of Nessus, the "open source trend" would have been that security consultants who know code worked together on an open source scanner adding features as and when they were needed. The mistake (?) Tenable seems have to made is a pretty basic one - their business model was not "solve the problem" ie making clients networks more secure, but rather "sell tools to those solving the problem" which is great unless you give the tools away like they did. The net result is that as they put lots of funding into developing the tools but didn't use those tools themselves. If Nessus is really an indispensable tool used by paid professionals in the network security field (I have no idea) then presumably they'll either decide to pay Tenable for the product or fork it and start work themselves. Which is chosen by the specialists will probably depend on things like how much it costs, how responsive Tenable are, what happens with development etc.

      Fundamentally there's no iron law that says people will develop open source tools to solve their problems rather than buy a commercial product, but in some cases this does happen - for instance, many embedded chip vendors choose to extend the GNU toolchain rather than write their own. Why? Because their problem (how do people compile software for my new chip) is easier solved by working with others than going solo.

    33. Re:Maybe an OSS future isn't that bright afterall by elgatozorbas · · Score: 1
      The CD-ROM put encyclopedia salesmen out of business. We could apply your same argument: "It's funny how building a family changes your perspective on cheap mass storage. I like mass storage, but it's never going to win in the long run, because encyclopedia salesmen have families to support and will not slit the throat of the goose that lays the golden eggs that pay the bills and support one's spouse and children."

      I'll bite. The difference is that they ***SELL*** their products and the books are protected by copyright. THAT's how the free market works.

    34. Re:Maybe an OSS future isn't that bright afterall by Anonymous Coward · · Score: 0

      ?! That's OK so long as I can sell my software writing services, I guess.

    35. Re:Maybe an OSS future isn't that bright afterall by incabulos · · Score: 1

      IBM, HP, Sun and the like are making lots of revenue from GPL licensed software, as are many other companies. Sure, they arent purely software-orientated, but it lets them sell a lot of hardware with very nice margins, and followup support packages that gives them an ongoing cashflow. So it does them very nicely.

      RedHat are doing very well also, and.. are you ready for this..they _are_ a software company! Their bottom line is looking great, they are acquiring products and even open-sourcing them when they have previously been under a closed proprietry license like their directory server, so they have cash to burn. How does this correlate with your 'throat slitting' crushing despair and gloom suicide-pact outlook? Thats some great poetic dramatisation by the way, the family-destroying comment amused me greatly - oh the woe of open source! :)

      Incidentally, nothing about the GPL prevents you from selling software licensed under it, you are perfectly free to do so, as a person or as a business. You must oblige by the stipulations of the GPL of course ( like making source code available ), but if you want to sell Debian DVDs then go ahead!

    36. Re:Maybe an OSS future isn't that bright afterall by Reservoir+Penguin · · Score: 1

      No, its the grandparent who is EVIL,evil because while he acjnowledges tjhat Free Software is Good, he clearly believes in doing good only when it doesnt harm him. And now amount of fuzzy family values coverup wiull change it.

      --
      US-UK-Israel: The real Axis of Evil
  34. Re:Domain name spoofing alert! by sqlrob · · Score: 1

    That's pretending like slashdot.com is pretending to be slashdot.org.

  35. Yes they can by sterno · · Score: 2, Informative

    Keep in mind that the GPL is assigning a license, not the copyright itself. The original copyright owner on any copyright code can assign a new license to the code at any time. So long as all code that was contributed has had it's copyright assigned to them, they can do what they want. Otherwise they'd either have to obtain copyrights to that code now or gut that code from the product.

    --
    This sig has been temporarily disconnected or is no longer in service
  36. If they drop the GPL... by mark-t · · Score: 1
    Then by the terms of the GPL, they no longer have any permission from the copyright holder to copy the software at all, except for purposes commensurate with what is allowed by "fair use copying". It does not seem to me that fair use would qualify in this case.

    Such copying of copyrighted works without permission is copyright infringement, and is, I'm afraid, quite against the law. The copyright holders can press charges for infringement at their leisure, and could probably win (since there is now documented proof that they have been copying the works without any permission).

    1. Re:If they drop the GPL... by SilentOne · · Score: 1

      That is of course assuming that any of the code is owned by someone outside of the company. Since, according to their press release, they have had almost no help from the community, there is no copyright holder outside of their company.

      So they, the copyright holder, can do whatever they like with their code.

    2. Re:If they drop the GPL... by mark-t · · Score: 1

      Ah... I sorta skimmed the article quickly and musta missed that rather important tidbit. Yeah... I guess I can see why they'd call it a loophole then... and yep, they'd be entitled to do that (even though it might tick off a lot of people).

  37. From their perspective? by ivoras · · Score: 5, Insightful
    Why isn't anybody looking at it from *their* perspective: A small, young-ish company tried to make a great product but failed to remain financially viable with the GPL license. Free-as-in-speech code is all well and great but at the end of the day, philosophy doesn't pay the bills.

    Or is everyone scared that all the "You can't actually make money with GPL" rumours are true (especially for small start-ups)? ;)

    --
    -- Sig down
    1. Re:From their perspective? by Sycraft-fu · · Score: 1

      Of course that's what they are afraid of. Slashdot has a lot of idealists on it, people who really believe that OSS is THE way, as in ALL software can, should and will be OSS someday. However, of course, that requires that there is money to be made on OSS. Developers cannot spend their workday making software for no money. At some point, you have to pay the bills, buy food and so on, and if software development isn't paying for that they'll go do something else that does.

      So it scares these people to death that indeed OSS might have problems making money in many cases. They want to believe that OSS is perfectly viable for all software, and that companies just need to switch over and they'd be fine.

      Of course it seems that's not the case, and this is just another example of that. In some cases, the product is secondary to the support, and thus it doesn't matter if you give the product away for nothing because people spend money on support, and that's where your real costs are anyhow. However in other cases, the development is the main cost, and it's the kind of thing that needs basically no support, so if you give it away, you are left with nothing.

  38. The choice was probably about cost... by lullabud · · Score: 4, Insightful

    Choice 1) Pay (a likely non-existent) legal team huge amounts of cash to come up with a new license that is legally sound in all of the respects that need to be accounted for in their position.

    Choice 2) Close source code.

    Seems to make sense to me...

    1. Re:The choice was probably about cost... by dnoyeb · · Score: 2, Insightful

      3) Market your produce better than the competition.

      Honestly, when the source is equal, what did he really think would set his product apart from the competition? His only advantage is that he wrote it. Thats not a technical advantage since he GPLed it. But it sure is a marketing and support advantage.

      The flaw is not in the GPL but in his business plan that did not match the fact that he was GPLing his code.

    2. Re:The choice was probably about cost... by Anonymous Coward · · Score: 0, Flamebait

      youre a zealot dipshit if you believe its always the fault of the dev, never the licence

    3. Re:The choice was probably about cost... by damiam · · Score: 4, Interesting
      Honestly, when the source is equal, what did he really think would set his product apart from the competition?

      Nonthing; Tenable is a software dev house, not a marketing firm. So to set themselves apart, they decided to no longer allow the competition to use their code. Sounds like a sensible business plan to me.

      While I love the GPL, it's not for everything. There are some cases where it's just not profitable to give away your main product. This appears to be one of them. If you can come up with a better business plan that involves leaving the product GPLed, I'd be glad to hear it.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    4. Re:The choice was probably about cost... by Bloater · · Score: 2, Insightful

      > 3) Market your produce better than the competition.

      Somebody didn't learn to read. He *can't* make his produce better than the competition, because the competition *is* his product!!! Because nobody was chipping in to help, he was spending his time writing the core of somebody else's application for them.

    5. Re:The choice was probably about cost... by cortana · · Score: 1
      Affero already did the lawyer thing... the Nessus devs could have relicenced under the Affero license. It's the same as the GPL plus this:
      2. d) If the Program as you received it is intended to interact with users through a computer network and if, in the version you received, any user interacting with the Program was given the opportunity to request transmission to that user of the Program's complete source code, you must not remove that facility from your modified version of the Program or work based on the Program, and must offer an equivalent opportunity for all users interacting with your Program through a computer network to request immediate transmission by HTTP of the complete source code of your modified version or other derivative work.
    6. Re:The choice was probably about cost... by kaladorn · · Score: 2, Insightful

      Um, if you write good enough code, support is minimal.

      Let us assume this is the case, then you've only got the quality of your code and your extra features over the competition. Oh wait, they're USING YOUR CODE!

      Hmmm, suddenly, there is pretty near zero differentiation. Oh wait, you are trying to pay for having invested the time and money to write it. They are not. So there is a differentiation. In their favour!

      No, I can see why they'd want to go back closed source. Open source is no panacea. It has some excellent products, but integration with for-profit corporate ops can lead to a lot of unfortunate results.

      --
      -- Mal: "Well they tell you: never hit a man with a closed fist. But it is, on occasion, hilarious."
    7. Re:The choice was probably about cost... by sumdumass · · Score: 1

      Choice 3) Keep the license GPL err LGPL, only include core feature that needed to improve the overal functionality, use a pluging type architecture to include the vast majority of improvments that are not GPL but GPL compatible so they can stop the competition from repackaging thier improvments.

      This is probably the best choice if it is availible. Once the company stops contributing the vast majority of the free code, other would be likley to pick up the pace. The company pretty much maintains control of the code so bug fixes don't screw thier non GPL stuff. This still gives them a leg up on the competition who wants to compete with thier products.

      Taking open source and closing it might bring on new issues about what is already GPLed in the new and improved Close source. Of course if they keep the source availible for the older open version availible, it shouldn't matter much. They own the rights to the code so i think they do have the ability to change the licensing of it. I'm just curious if there are any obligations for any code recycled. I'm sure anychange in licensing (LGPL, or other wise) would carry the same concerns.

    8. Re:The choice was probably about cost... by yonyonson · · Score: 2, Interesting

      What about a partnership? While the other security company offers appliance solutions using Nessus, the Nessus developers could write better and more focused releases to accommadate with the business demand. Seems like a win-win to me. Any other thoughts?

    9. Re:The choice was probably about cost... by c0d39uru · · Score: 0

      So what you're saying is .... Every morning Bob steals my newspaper. This angers me, so, instead of asking the paper-boy to throw my paper over my fence where Bob can't get it, I'll just go out, extra early, every morning, and take my paper to the local kinko's and run off a copy of it, and give it to bob; as long as he reads the front page, and tells me what it says. Fuck Bob, he doesn't deserve my partnership, he's a theif.

      --
      --#!
    10. Re:The choice was probably about cost... by mcrbids · · Score: 1, Informative

      > 3) Market your produce better than the competition.

      Somebody didn't learn to read. He *can't* make his produce better ...


      Somebody else didn't learn to read, either. Or, did you not know the difference between "Make" and "Market"? How about "produce" vs. "product"? When criticizing somebody's ability to read, it's important to be sure you read it, yourself. If you criticize spelling, make sure your spelling is good. Otherwise, you just come out looking like a dumbass ...

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    11. Re:The choice was probably about cost... by ghukov · · Score: 0

      yeah, nessus is a great security application IMO. I can't say I blame them.

      --
      ...because Plutonians are teh suck
    12. Re:The choice was probably about cost... by OpenServe · · Score: 1

      While I love the GPL, it's not for everything. There are some cases where it's just not profitable to give away your main product. This appears to be one of them.

      From what I can tell, the company was giving away Nessus and trying to make money by selling value-added proprietary security console software. Their competitors started doing the same thing, but without the overhead cost of developing Nessus -- and their final solutions were cheaper as far as I can tell. I think what this really highlights is not a weakness in Open Source licensing, but rather the danger of hybrid open/proprietary business models, sometimes known as "widget frosting" business models. If they had first built up a community around Nessus to do most of the development work, this cost would have been negligable. But that community never materialized. After all, there must be a reason for community to exist -- what are members going to get out of it? Nobody wants to just do somebody else's work for free.

      Does this mean there are cases where Open Source simply doesn't work? Not necessarily. Lets suppose that instead of producing a free commodity widget and then adding proprietary icing, you make all the software Open Source from Day 1. This eliminates your proprietary licensing income but also eliminates the incentive for competitors to sell their own, cheaper proprietary widget frosting. How do you pay for development? First, you try not to have to. Communities tend to build much faster around complete solutions than they do around widget raw materials. (As example, look at how RedHat has split off Fedora as it's own self-sufficient community.. this is partly why the company is now profitable.) Second, you commercialize the community, as feasible. Every significant contributing member is a potential independent contractor or maybe even future employee -- why not throw in some extra profit motive to guide and accelerate development? Customers have needs; the community you shepherd can meet them. It's up to you to facilitate the transactions. Skim a reasonable percentage off the top and you have a new revenue stream. (Food for thought: your customers may be part of the community) Third, add value through any means possible. This could mean support services, warrantees, embedded hardware, turn-key solutions, training classes, developer seminars, books and documentation, etc. All smart businesses continually experiment with new ways to make money, so this is an ongoing process. (This part is no different from a proprietary software shop.) Fourth, diversify and embrace other communities. You want to create a network effect with related Open Source software and you want a very open, friendly public reputation. Reputation is the foundation of branding and the combination drives sales. You did register your trademarks right?

      Fifth, Profit!! (sorry, this is Slashdot after all.. but at least I gave real ideas for 1-4!)

      I guess the remaining question is: Can software companies still use the traditional model of hiring all the developers, but still operate completely Open Source? Can writing software be their only competency? In general, I think history has shown that there is somewhat of an "impedence mismatch" with this approach. Open Source is geared towards community development. But that doesn't mean there can't be full-time developers where there is a large enough market for contracted development, with or without an intermediary.

    13. Re:The choice was probably about cost... by dnoyeb · · Score: 1

      Seems like many of you that replied missed my point. Which is how could he have expected to succeed by GPLing his code in the first place? Of course he has to close his source because his source is his product.

      If he wanted to make money off service contracts like JBoss or MySQL thats another story.

  39. Perhaps "Unintended consequence" by sterno · · Score: 1

    It's not a loophole, but it's quite clear that it's not what they thought they were getting into. Ultimately the benefit of the GPL to a business is being able to share the development cost. IBM is only paying for a portion of Linux as is RedHat, etc. Thus their ultimate cost is lower for the product they deliver.

    It's clear here that there's no sharing of the work here. They do all the work and get little benefit. What's interesting about this though is what happens to the previous Nessus release. You've got these companies out there that are using it, so they have a vested interest in maintaining their release. So, they may end up developing the community around the previous release that Nessus proper never managed to do.

    --
    This sig has been temporarily disconnected or is no longer in service
  40. Fork by r2q2 · · Score: 1

    How long until a fork of the currently released nessus source code becomes available? Closing it's source is absolutly ludacrist when a deriviative project could easily become available.

    --
    My UID is prime is yours?
  41. GPL Removal issues by LiquidCoooled · · Score: 1

    What happens to the (albeit minor sounding) modifications which have been offered by the OSS community.
    I realise the blurb says the competitors keep on taking, but if even 1 line of code has been added by someone else, then he needs their permission before he can close the source off surely?

    The alternative is to remove the offending lines of code, but his actions seem akin to taking the Linux Kernel and making it closed source without a care for the copyright holders.
    The modifications were given to a GPL project under the assumption it would stay as GPL.

    Additionally, any GPL code which he has used to build up his application (thinking "its GPL, so I can borrow GPL bits") also needs to follow the same rules.

    His comments make it sound minor, but it might be a major sticking point especially if the code isn't audited correctly.

    "Virtually nobody has ever contributed anything to improve the scanning engine over the last six years," he wrote, noting that there had been minor exceptions.

    He cannot just close it up without a major hunt through the code.

    --
    liqbase :: faster than paper
    1. Re:GPL Removal issues by Jussi+K.+Kojootti · · Score: 1
      I realise the blurb says the competitors keep on taking, but if even 1 line of code has been added by someone else, then he needs their permission before he can close the source off surely?
      Nope, One line of code is definitely not enough to get you copyright.
      ...one line of perl perhaps, but nothing else.

  42. Proper English by totallygeek · · Score: 1
    It's means "it is."


    Whom....cares?!?!

  43. Re:Maybe worse by shmlco · · Score: 1
    OTOH, according to them, they're getting none of those benefits now.

    In a sense, many of the potential benefits of open source are just that, "potential" benefits. People say that the code is more secure if more people look at it, and better if improved and patched... but that assumes that other people do look at it, do make improvements, do fix bugs, and do return those improvements.

    But the fact remains there are a lot of open source projects and a finite number of people with the time and the ability to perform those actions...

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  44. Better by sterno · · Score: 1

    They weren't getting any notable contributions from the community so they don't lose anything there. On the other hand, if they can eliminate their competition they can make more money, hire more developers, etc.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Better by Anonymous Coward · · Score: 1

      They weren't getting any notable contributions from the community so they don't lose anything there.

      This is such an oversimplification. My understanding is that Nessus was packaged for free, mirrored around the world, documented and translated, given free support to an extent, ported tested and debugged on numerous architectures, etc... What the Nessus developers received for using the GPL was MARKETSHARE.

      It's important to remember that without marketshare there would be no point in going commercial. If Nessus had been !GPL from the start, we wouldn't be discussing it today.

      If you, as a developer, feel that the GPL has any potential of "cheating" you out of revenues you rightfully deserve....don't release your software under the GPL. No one will ever bother trying it (!name brand and !free, what's the point) and you can go bankrupt in obscurity. If you, as a developer, release your software under the GPL, wait for it to become the "standard", then make it !free....you're an asshat, plain and simple.

  45. Considering that... by Svartalf · · Score: 2, Interesting

    They have a batch of closed-source product offerings like NeWT (Closed, for NT/XP only...), NeVO, etc. that are priced at rather HIGH pricings so that people just simply can't afford the damn stuff unless they're as big as someone like IBM, TI, etc., it's no small wonder that they're hurting financially.

    Sentiments aside, they look to be a small player that priced themselves out of the overall market, hoping to score support contracts for an Open Source project that was to showcase their abilities and hoping to sell at least a handful of this other stuff at an unrealistic $9-10k per instance. The closest thing that competes in price is only $4k and there's other solutions that ARE cheaper.

    The reality is that Nessus will probably be forked, Tenable will keep sliding into the hole not because of the GPL but because of their own pricing themselves out of the market, and life will probably just go on all the same.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Considering that... by ivoras · · Score: 1
      Ok, thanks for the explanation - it sheds light on the background of the decision.

      But what I'm interested in is: is there a way for a young startup company to create and make money off a GPL-ed product? My views on this are pessimistic, as I can see following possible outcomes as most likely:

      • may one-man-band hackers will use it to gain profit, will not contribute to the software
      • a well-organized rival(s) will eventually emerge and suffocate the startup by making more money from the product than the original authors
      • product will be obscure enough that almost nobody will use it, then when the company closes the source, there will be difficulties as previous versions are free for the taking

      As I see it, the only really good outcome is that a big (think: IBM-sized) company will eventually buy the company, possibly closing the source.

      (note: all my discussion start from the point that a major purpose of creating the software is getting profit from it; I'm not discussing programming for fun or fame here :) )

      --
      -- Sig down
    2. Re:Considering that... by pavera · · Score: 2, Insightful

      http://it.slashdot.org/article.pl?sid=05/10/03/163 9208&tid=187&tid=218
      You obviously missed the above article, it lists a few companies that make money purely with GPL'd/OSS software. The include SugarCRM, MySQL, and many others. These companies were once startups (and some would still be considered startups). They are largely pure software development plays (IE they don't sell appliances/hardware).

      The article mentions that MySQL AB will make 40 million this year. That's pretty good. SugarCRM has raised something like 7 million in capital (obviously this isn't making money, but someone believes they have a chance to make money.. VCs might not be brilliant, but they do try to make good investments).

      Obviously these are the success stories, on average 1 in 5 companies makes it through the first year, and only a handful of those make it to 5 years. Those are statistics across all industries, you can't expect OSS companies to be impervious to those stats. Startups fail, business models fail, regardless of the state of the source.

    3. Re:Considering that... by smallpaul · · Score: 1
      Sentiments aside, they look to be a small player that priced themselves out of the overall market, hoping to score support contracts for an Open Source project that was to showcase their abilities and hoping to sell at least a handful of this other stuff at an unrealistic $9-10k per instance. The closest thing that competes in price is only $4k and there's other solutions that ARE cheaper.

      Maybe they are so expensive because they have a cost center (open source software development) that their competitors do not.

    4. Re:Considering that... by Svartalf · · Score: 1

      Cost centers do not set pricing. Marketing and sales do that. If you're dictating a sales price of a product off of the costs of another, you're doing something wrong. Honestly. Please quit trying to frame this in terms of a GPL "failure"- because it's not.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  46. Re:Its (headline article to diff standards) by Maxo-Texas · · Score: 1

    I would hold a headline or article to different standards than I hold a casual poster to.

    ---

    I think "to say" is okay grammar in this context. Message boards are similar to talking as much as they are to typing. In any case, it would probably be "to write" instead of "to type" tho I lack the grammatical sophistication to tell you why.

    Since you asked...
    You typed:
    If you understand what the originally writer
    Which would be
    If you understand what the original writer (no ly)

    You probably don't need "have". Succeeded is past tense anyway.

    then they have succeeded. (then they succeeded).

    Could probably argue that you would "develop better writing habits" instead of just "better habits" (what kind of habits?).

    Oh... and 2 spaces after periods (... funny). Feel free...)

    It is a lot easier to read text with 2 spaces. Using one space makes the writing run together. It all seems like the same sentence. The extra space makes the text easier to read. So I always use two spaces except in this paragraph.

    ---

    The most annoying problems out there for me right now are...
    LOOSE used instead of LOSE. (I win! You loose!)
    ROUGE used instead of ROGUE. (He was quite a rouge, stealing!)
    TO instead of TOO. (It was to much. He went to far.)
    Not using paragraphs (I usually just skip these rather than try to parse out what they are saying).

    ---
    I agree with your basic point that grammar comments are usually unproductive and even unreasonable. I wouldn't have commented on your post but for that what you asked (hehehe).

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  47. Best of both worlds by supra · · Score: 1

    If the GPL is hurting you because of commercial competitors, why now offer a dual license?
    MySQL and Qt are doing it well. Quid Pro Quo (something for something).

    Your code is GPL for GPL users, and it's commercial for commercial users.
    So if your usage/derivative is GPL, then you can use the code free.
    If your product is commercial, then you must license the code.

    It keeps you viable to the OSS community and may help the bank at the same time.

    --
    On a computer or under a hood.
  48. Free as in Kool-aid by Thud457 · · Score: 5, Funny

    Is this Kool-aid free as in beer or free as in openCola?

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  49. They can't "close the source" by FishCalledOscar · · Score: 2, Interesting

    They gave it away already. They can create a proprietary branch, but taking something out of the public domain requires large bribes to congress. It amazes me that folks still use the GPL. I attribute it to mental laziness and hokey religeons (w/ ancient weapons).

    Perl's Artistic License and the Apache License are better licenses.

    BTW - I am a lawyer and this is personal opinion, NOT a legal opinion.

    --
    What? Me? Sig?
    1. Re:They can't "close the source" by FishCalledOscar · · Score: 1
      --
      What? Me? Sig?
    2. Re:They can't "close the source" by Anonymous Coward · · Score: 1, Informative

      Your also wrong. GPL DOES NOT make code go public domain. You also 'own' copyright over your own code under the GPL and have every right to change your licence. For a lawyer, you certainly dont understand law.

    3. Re:They can't "close the source" by Anonymous Coward · · Score: 0
      >but taking something out of the public domain


      What's being taken out of the public domain? Nessus v2 is copyrighted under the GPL, not public domain.


      What would the Apache license have done better than the GPL? The Apache license allows binary-only redistribution, which is exactly what the Nessus resellers did.


      Or do you mean that Nessus should have been released by its creators as binary-only under the Apache license?

    4. Re:They can't "close the source" by Anonymous Coward · · Score: 0

      > BTW - I am a lawyer and this is personal opinion, NOT a legal opinion.

      You certainly aren't a copyright lawyer.

      Chris

  50. BIGGEST MISTAKE by Spy+der+Mann · · Score: 1

    Using GPL and still wanting to sell "a product". GPL goes well with the service / customization / maintenance business model.

    The only guys who were able to do business with a GPL product were MySQL AB. And this because they released it dual-licensed.

    1. Re:BIGGEST MISTAKE by Rycross · · Score: 1

      There are other projects as well. OpenTNL also uses a dual license system, with GPL being for personal or hobbyist use, and a per-seat license for commercial works. The moral of the story is, that if you're selling software and not services, don't use the GPL unless you're dual-licensing.

  51. Moral of this Story and Nmap Response by fv · · Score: 5, Informative

    I responded for the Nmap Security Scanner project yesterday. We aren't planning to follow suit. Nmap has been GPL since its release more than 8 years ago and I am happy with that license.

    I agree that this is not a good trend, and the question is how to reverse it. It is important to note a key reason Renaud gave: the lack of community involvement. It is easy to take the open source tools we depend on for granted, and forget that open source is a two way street. The bazaar model doesn't work so well with everyone taking and not contributing back. In the Nessus response, I suggest a few ways that programmers and non-programmers can support projects they use and enjoy. Rather than mope over the loss of open source Nessus, we can treat this as a call to action and a reminder not to take valuable open source software such as Ethereal, DSniff, Ettercap, gcc, emacs, apache, OpenBSD, and Linux for granted.

    Meanwhile, I know at least one group of experienced open source programmers that is preparing to announce a new open source vulnerability scanner project or Nessus fork. It would be encouraging for such a fork to succeed.

    -Fyodor

    1. Re:Moral of this Story and Nmap Response by Anonymous Coward · · Score: 0

      There is at least one new project already started it's called sussen

    2. Re:Moral of this Story and Nmap Response by Adammil2000 · · Score: 2, Interesting

      I consider security software to be drop-dead boring, but a necessity. If others think like me, then that can explain lack of community involvement.

    3. Re:Moral of this Story and Nmap Response by scoove · · Score: 4, Insightful

      I know at least one group of experienced open source programmers that is preparing to announce a new open source vulnerability scanner project or Nessus fork. It would be encouraging for such a fork to succeed.

      Fyodor, what can those of us out here do to help make that a possibility? One of my common frustrations is that much of the open source community thinks at a very low level and rejects broader perspectives because the initiators of the projects are often exceptional programmers (at the expense of not being exceptional documentation writers, analysts, managers, communicators, etc.). Some will want to shoot me for saying it, but every technology project needs a hell of a lot more than software developers to make it go. A project needs the help of great documentation writers, testers, managers, analysts, evangelists, etc. to make it, and more importantly, needs to have a culture of taking criticism and evaluating it objectively in order to have a chance at success.

      Nessus's rejection of a system vulnerability database was unfortunate but not unexpected - I smell a VC in a room with a bunch of programmers (and nothing in between), plus a bunch of sensitive "Not Invented Here" egos. Nessus needed to integrate with its user community because its success was very dependent upon their feedback. Nmap has succeeded perhaps because it is a more concise tool with a focused objective and I've seen you take feedback out there and honestly respond to it.

      I agree that this is not a good trend, and the question is how to reverse it.
      Success in the open source community is still a rather unpredictable, undocumented (and too often, unrepeatable) event. Successful projects like nmap have happened through their founder's exceptional ability in demonstrating more than just coding ability, yet the community does little to document, educate and communicate this aspect. Projects tend to continue to make the same mistakes. Perhaps a start would be a FAQ on successful open source project methodologies that explains that brilliant code is only one of a dozen components required for success and details the others - perhaps building upon the best practices of the community's successful projects? If Nessus and others are to make it as viable open source, we need to build upon the understanding that it takes more than great code to succeed.

      *scoove*

  52. Re:Domain name spoofing alert! by Anonymous Coward · · Score: 0

    Or like goat.cx pretending to be goatse.cx

  53. They can do it, but forks inevitable by Random+BedHead+Ed · · Score: 3, Informative

    Contrary to a number of comments I'm already reading, Tenable Network Security can do this, as long as they control the copyright to the entire body of work. This would be impossible for some GPL-licensed software for which the copyrights to separate contributions are owned by their contributors. If I am not mistaken, I think Linux falls into this category, so Linux could not be taken out of the GPL unless everyone who holds copyrights over the many parts of the source code all agree on the new license. Won't happen.

    For software that is copyrighted by a single entity, be it an individual or a company, the license can easily be changed. However, anyone who obtained the software under the terms of the previous license cannot have the rights that were granted revoked. This means if you downloaded the software and source at any time before the license change, congratulations. You have the GPL'd project in a relatively recent state, and the GPL applies.

    This presents an opportunity to fork a GPL version. If enough people are interested, the fork can eclipse the original project, as X.org did to XFree86 when the latter changed its license.

    1. Re:They can do it, but forks inevitable by efuzzyone · · Score: 1

      If I am not mistaken, I think Linux falls into this category, so Linux could not be taken out of the GPL unless everyone who holds copyrights over the many parts of the source code all agree on the new license. I think Linus Trovalds holds all the copyright for linux kernel, so he can do whatever he wants. But most of the utilities and tools, the things which make linux, linux are copyrighted by Free Software Foundation, and which I think is controlled by rms. So, anythings possible. Correct me if I am wrong

      --
      Creativity uninhibited www.kreeti.com
    2. Re:They can do it, but forks inevitable by aristotle-dude · · Score: 1
      Did you not RTFA? Nobody was contributing outside of the company. Are you suggesting people now fork it and screw them over even more? Isn't that taking advantage of their original generosity? Just because you can fork it legally, it does not mean you should. It's bad karma to do so. Had the community exerted some effort to improve it before this decision, you might have a moral case to do so. I would hope that only bug fixes would be done for the GPL'ed version. Creating an active fork would be dishonest and unethical since it would no doubt compete with the new version by using mostly the hard work of the company employees.

      You have an opportunity to show the world that the open source community is capable of working with the closed source community, respects copyright holders wishes and is capable of admitting their mistakes. To do as you suggest would give the impression that the OSS community is petty, cheap, amoral and willing to profit off the sweat of others without having contributed to the project you would effectively be stealing from the company.

      There is the wording of a license/law and then there is the spirit of it. You would be going against the spirit/intent of it.

      Your XFree86 example is nothing like this situation. In this case, there was no community involvement but rather a bunch of leeches. You don't want to be a leech do you?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    3. Re:They can do it, but forks inevitable by Random+BedHead+Ed · · Score: 1

      No, admittedly I didn't RTFA, just weighed in on some previous comments regarding GPL'd code and how it fits into copyright law. I don't think a fork would make the community "leeches." The company that owns the code released it under the GPL, and the GPL explicitly allows forking. I don't think there is any moral case against a fork, since not only is it entirely legal under the software's previous license, but also because said license was deliberately chosen by the copyright holder. If forks were immoral and undesirable the company should not have released their code under the GPL. They had that choice.

    4. Re:They can do it, but forks inevitable by aristotle-dude · · Score: 1
      I still don't think you get what intent/spirit of a law of means. The intent of the copyright holders in choosing the GPL was to facilitate community involvement in improving the product while preventing competitors from releasing closed source derivatives. In this case, the community did not contribute to the product in any way. That is called being a leech. Now if the OSS community decided to turn around and fork the product now, how would you consider that fair to the original authors?

      I don't give a damn whether it is allowed by letter of the law or the license because what I'm talking about is fairness and respect. Obviously, neither of those concepts seem to mean much to you and you seem to think that morality and the law are somehow intrinsically linked.

      The law is blind to morality and justice as it is a non entity. This is why some of us are fortunate to live under the common law system where the intent/spirit of a law is considered when a law is interpreted by a judge.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  54. GPL Screws Tenable and Tenable Screws GPL by Anonymous+Asskicker · · Score: 5, Informative
    A month ago I submitted a story (rejected, alas) about Tenable intentionally breaking the GPL version of Nessus:

    When the 2.2.5 version of Nessus was released, Brian Weaver (formerly of OpenNMS fame) was puzzled why the GPL version wouldn't scan. After hacking through the source code, Weave found the answer: strong evidence suggesting Tenable Security, the sponsors of the GPL version of Nessus as well as a commercial version, deliberately crippled the GPL version of Nessus. With stunts like this, would you trust Tenable to protect your network?

  55. Off Topic sig Reply by bdcrazy · · Score: 1

    My UID is also prime.

    --
    Tonights forecast: Dark. Continued dark throughout most of the evening, with some widely-scattered light towards morning
  56. OSS problem admitted by EraserMouseMan · · Score: 3, Insightful

    Yep, this is just one real-life example of why Open Source can only work for some situations but simply does not make sense for others. At the end of the day developers have to eat and have shelter (and provide such for their spouse/children) too.

    Most people understand this principle. But the OSS activists seem to believe that smart developers can donate forever and should be totally selfless. Why is it only the developers? Developers who spent many years of their lives learning to be experts at their complex trade (programming) are expected to donate. Yet the typical help-desk types are "allowed" to charge for their consulting services when they pop a CD in a drive and install the OSS software for a client.

    I'll admit, I'm a software developer. But, I know OSS activist guys who charge companies $100/hr consulting fees to implement OSS solutions that they don't pay a dime for. These guys are walking in to a firm, spending a day setting up a PHP server (or whatever) and walking out with a fat-ass paycheck.

    But when a developer wants to charge for the software he writes the OSS community of activists starts hissing at him and brand him with some sort of corporate greed type crap.

    Can somebody please explain this OSS-mentality inconsistency????

    1. Re:OSS problem admitted by Goo.cc · · Score: 1

      Putting software under a free license is paramount to charity. You can hope to profit from your charitable contributions but you shouldn't expect to.

    2. Re:OSS problem admitted by Reservoir+Penguin · · Score: 1

      Stop thinking about yourself and being so selfish, you are giving your users FREEDOM, or not, you decide, but if you say that you cant put freedom on the table then I guess many of us, OSS developers, we dont want anythinhg from you..

      --
      US-UK-Israel: The real Axis of Evil
  57. GPL auditing... by hackwrench · · Score: 1

    What I'd like to know is whether or not the competition did make changes to the source code, but kept the changes to themselves and figured they wouldn't be caught since the code they released is in ROMs.

  58. Oh Well, Nessus isn't that great anyhow, imo by v3xt0r · · Score: 0

    That's just asking for people to start forking their (currently GPL'ed) software even more, which isn't really that good in the 1st place.

    Nessus is nice & all, but you can write much more advanced programs in PERL, Python, or PHP5 even.

    --
    the only permanence in existence, is the impermanence of existence.
  59. free beer by TNS_fan · · Score: 1

    Tenable is profitable, has been for nearly three years, the article is partially incorrect. How would they stay in business this long if they never took VC? Look over at SecurityFocus, they are advertising for positions. Also, they are not charging for Nessus 3.x. This change mainly impacts their competitors that use Nessus.

    --
    Dolphins Develop Opposable Thumbs - Humanity Screwed
  60. open source killer by mikers · · Score: 3, Insightful

    What some open source zealots, and the vast majority of open source "consumers" don't recognize is that programmers need to eat to. Until these "consumers" stop taking advantage of open source, and start paying... Open source will stay in Microsoft's (and other big corporations) shadow, and very likely even shrink.

    Nessus is not the first, and not the last. Even Hans Reiser has this problem:
    See here... Hans Reiser: Doing GPL work is doing charity work [...] That should be and could be changed, but for now it is so. I have done my share of charity, and I would not have a problem doing proprietary work. I think people should keep their lives in balance, and that includes balancing charity work and better paid work. ... It is not an easy life, I am $200k or more in debt and drive a 1989 CRX Si.

    Here is another: Mute file sharing. Not sure how long this experiment will last.

    And one more: Daniel Robbins founded Gentoo linux, went bankrupt, got job at Microsoft

    Either help these programmers feed themselves and their families, or expect other big and large profile projects to disappear and become pay-for-play.

    I love open source, and contribute money to many projects -- but open source will just prove to be a fad that will start to wear thin on programmers as they get into debt and can't feed their families. The business case for open source software longterm survival is weak, unforunately.

    m

    1. Re:open source killer by Rycross · · Score: 1

      I disagree with the notion that Open Source is a fad. What is true is that Open Source, and to a larger degree, Free Software is not viable under certain business models. If you are using a service-based model, then its quite doable. For instance, I could run an MMORPG based on free software, because the users are paying for the service more than the program. I couldn't sell a free software one player game, however, because the user is paying for the software, and not a service.

      Additionally, much programming work done in the world isn't done on software meant to be sold, but for companies' internal systems. Like, accounting software for a retail chain.

    2. Re:open source killer by mikers · · Score: 1

      "I disagree with the notion that Open Source is a fad."

      Open source is some senses _may_ prove to be a fad if enough star programmers need to join microsoft to feed themselves.

      In the sense of innovation, it may be a fad. In the sense of a hobbist OS it is not.

      Either way, GPL/Linux open source is still relatively young and only time will tell if it is a fad or not.

      Additionally, much programming work done in the world isn't done on software meant to be sold, but for companies' internal systems. Like, accounting software for a retail chain.

      And most of this software, if released at all, is released for sale as a commercial package. Lest that free software help out a retail firm's competitors. Your point is moot.

    3. Re:open source killer by theLOUDroom · · Score: 2, Insightful

      What some open source zealots, and the vast majority of open source "consumers" don't recognize is that programmers need to eat to. Until these "consumers" stop taking advantage of open source, and start paying... Open source will stay in Microsoft's (and other big corporations) shadow, and very likely even shrink.

      The problem is not the GPL, or free software, the problem is one company with a business model that didn't work.

      Saying that a piece or software can't be good unless you throw money at it is just ridiculous.

      I'm familiar with the Mute project but I don't use it. Still, I'd like to buy the guy a beer if I ever get a chance, his ideas are quite interesting. You can tell he's doing it because he believes it in, not to get rich.

      Either help these programmers feed themselves and their families, or expect other big and large profile projects to disappear and become pay-for-play.

      You completely miss one of the great things about free software:
      A project doesn't disappear, it just becomes inactive. At any moment, whoever wants can step in and take over.

      Did you ever think that maybe these guys were having trouble because their "for money" offerings were more expensive than their competitiors and maybe in general their planning to make money wasn't so good?

      There are a bunch of different ways to make money doing free software: consulting, a bounty system, providing automatic maintence with rigorously tested updates, etc. It just sounds like the "Charging 100% more than your competitors for software with a free version avaible" business model doesn't work.

      Anyways, giving examples of people who didn't make it doesn't show much. One could do the same for anything. Meanwhile there ARE people who succeed at making free software their livlihood.

      One idea I consider interesting would be an organization set up specfically to make deals between programmers and businesses. A group of business would agree to fund software written to a specification, programmers would be paid to write it, and the end product would be GPL'ed, guaranteeing each company both the freedom to maintain and the freedom to modify the software, with no fear of extortionary liscense costs down the road. The organization would take a comission to cover its costs administrating the deal.

      --
      Life is too short to proofread.
    4. Re:open source killer by Cyno · · Score: 1

      Here's how I see it.

      The closed source model leads to a monopoly where each employee signs an NDA to not discuss any technology with anyone working for any other company. This monopoly kills its competition by using anti-competitive tacktics. Then once it can relax everyone gets laid off so the monopoly can show better financial earnings, etc. Consumers pay higher prices for lower quality products. Employees might be lucky and get rich on stock options, but most likely will end up unemployed when their services are no longer required. Competing products and companies and their employees disappear.

      The open source model leads to excessive competition. Everyone offers the same products and services, forcing you to differentiate yourself from your competition by improving customer relations, marketing, or the very products themselves. But all the money and effort you put into your product, although it shows you're a leader, costs a lot and is freely available to your competition to use in their products, etc. But you also get the benefit of having customers and competitors QA and improve your products for you at no cost, which often adds more value than you lose by releasing the source. Red Hat, for example, got a lot of free developement on GNOME and Open Office that cost them the time to integrate those changes into their products. Now Red Hat's products can compete with the best Sun, IBM, HP and Microsoft have to offer, but it wouldn't have been possible without this open source model. Businesses can easily make money off their reputation and support services. Plus consumers get free access to all the software if they want to support themselves. And new startup businesses get free access to all the software (with the rights to sell it) to build their products.

      So, if you're on the board of directors or have executive status in your company the closed source model is probably the best for you. For anyone else the open source model seems to work very well.

      As for me, I worked for one fortune 500 company and watched everyone I worked with get laid off, not just the people in IT, 90% of the people on campus. Then I couldn't find a job for 4 months. During that time I worked on GPL software until I found a job working on GPL software for a startup and now I'm making more with this free stuff than a fortune 500 corp wanted to pay me to work on their closed stuff. Funny, eh? Not only that, the closed source model didn't let me innovate from my position in IT, now I have full access to the source code and all my ideas are welcome.

      Guess what. They also have closed source and patents to protect their IP. So there won't be any competitors in the new market they opened for quite some time. I'm much happier overall.

    5. Re:open source killer by andrew71 · · Score: 1

      Even Hans Reiser has this problem: See here...
      Hans Reiser: Doing GPL work is doing charity work [...]

      In the same interview, Reiser also says "It takes more than a license to make code open".

      Think about it.
      --
      13-4=54/6
  61. Re:Its (headline article to diff standards) by 99BottlesOfBeerInMyF · · Score: 1

    I think "to say" is okay grammar in this context. Message boards are similar to talking as much as they are to typing. In any case, it would probably be "to write" instead of "to type" tho I lack the grammatical sophistication to tell you why.

    I might argue, if I felt like arguing, that "say" implies verbalization which is an unwarranted assumption. "type" implies using a keyboard, which is an understandable assumption. "write" is most correct because it does nor assume the original author was typing, dictating, or using any particular input method.

    If you understand what the original writer (no ly)

    Ouch. Thank you.

    You probably don't need "have". Succeeded is past tense anyway.

    It is a little wordy, but not, technically, incorrect.

    Could probably argue that you would "develop better writing habits" instead of just "better habits" (what kind of habits?).

    Conversely, this was not wordy enough to be completely clear, but again, not technically incorrect.

    Oh... and 2 spaces after periods (... funny). Feel free...)

    This one is firmly a matter of style, not grammar. Given that I write to specific guidelines that require single-spaces after a sentence, I hope I can be forgiven this most un-stylish style.

    Thanks for your comments.

  62. Lack of enthusiasm or experience? by phorm · · Score: 1

    I wonder if the lack of contribution is due to lack of enthusiam, or lack of experience. If the Nessus code (I haven't looked at it myself, nor used the tool) is hard to understand, then it might be hard for others to make contributions. Alternately, perhaps people just lack experience in the areas of security required to help develop Nessus. The skills required to contribute to say, Firefox or perhaps other projects would be very different. I myself haven't contributed that much to existing GPL projects, though I have submitted a few bugfixes to projects such as GnuGK and a few GPL codelets of my own in various other areas. Much as I'd like to help elsewhere, I simply lack the time, or, in having the time, the experience (and time to learn) required to make a significant contribution.

  63. OpenBSD by RAMMS+EIN · · Score: 0, Flamebait

    I think that, sooner or later, the OpenBSD team will come up with some security tools of their own. After OpenSSH, OpenBGP, and OpenCVS, perhaps it is time for OpenNessus?

    --
    Please correct me if I got my facts wrong.
  64. Big deal by Tetard · · Score: 1

    Come on! I mean, Open Source is about ... open source. Keeping the software free may be a form of moral crusade for some, but when I releease software as open source, I do it for pragmatic reasons. Here's the code, use it, have fun. If some people get offended because their programs get used, but no one gives back, then too bad for you. This may be a two-way street, but moping and closing the source because "people just repackage and sell" will certainly NOT get people to contribute. Writing code, releasing it, and _expecting_ that people will contribute is a seriously flawed view of how the whole thing works. Might as well raise kids and expect them to pay back their bills[*]. If people find the code useful, they'll contribute. But this is still a market economy, and there will always be some people that will try to make a buck. I won't try and plug the BSD license, but dammit there's a reason why it's such a simple license in the first place -- it's pragmatic and realistic. People who really want to will contribute, but the others you won't get rid of.

    The GPL is an excellent license to encourage everyone to play fair, and those that don't will get their fingers slapped. But I guess in the end that the Nessus folk do whatever they feel like: they developed, they released, and they'll just sulk in their corner and close the source. The earth still spins, and Open Source will continue to exist, just as it did before ESR started talking about "the community" or "us".

    Sheesh.

    [*] See the excellent "Alberto Express" if you ever get a chance.

  65. The community didn't give anything back? by Anonymous Coward · · Score: 1, Insightful

    Assuming Nessus could have gotten started without all the GPL software it used in the beginning, like nmap, do you think it would have grown as much in popularity if it was just another closed source scanner?

    One of the most neglected aspects of contributions from the community is the advertising an application gets. Does anyone seriously think BitKeeper would have gotten to where it is commercially if it wasn't used for the Linux kernel?

  66. Two-way GPL by Doc+Ruby · · Score: 1

    What about the little problem that they are bound by the GPL, too? Having included any patches supplied back to them by anyone under the GPL, they are obligated to release any revision's source to the public, as soon as they distribute the revised software. Developers can't just bait developers with the GPL, then switch to a proprietary license when they decide their arbitrary expectations of benefit haven't been met.

    --

    --
    make install -not war

  67. Re:Free as in Kool-aid by Philip+K+Dickhead · · Score: 4, Funny

    Free as in Jim Jones

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  68. Creating a fork? by MobileC · · Score: 1

    If you have the manpower and ability to create a fork and improve it to compete with Nessus 3 then why are you not already contributing to Nessus?

    --

    Fran
    :):):)
    1st 1st Poster of the new Millennium!

  69. commercial != non-GPL by codergeek42 · · Score: 1

    Please don't use "commercial" as a synonym for "non-free." That confuses two entirely different issues.

    A program is commercial if it is developed as a business activity. A commercial program can be free or non-free, depending on its license. Likewise, a program developed by a school or an individual can be free or non-free, depending on its license. The two questions, what sort of entity developed the program and what freedom its users have, are independent.

    In the first decade of the Free Software Movement, free software packages were almost always noncommercial; the components of the GNU/Linux operating system were developed by individuals or by nonprofit organizations such as the FSF and universities. Later, in the 90s, free commercial software started to appear.

    Free commercial software is a contribution to our community, so we should encourage it. But people who think that "commercial" means "non-free" will tend to think that the "free commercial" combination is self-contradictory, and dismiss the possibility. Let's be careful not to use the word "commercial" in that way.

    http://www.gnu.org/philosophy/words-to-avoid.html# Commercial

  70. Free As In Beer.. by CoyoteGuy · · Score: 1

    I know this is off-topic, but could someone explain the "free as in beer" saying? Is it because we work for beer money and that's it?

    --
    Slashdot.. Land of nerds, trolls, and FlameBait..
    1. Re:Free As In Beer.. by efuzzyone · · Score: 1

      Read this article on FSF philosophy to understand it: http://www.gnu.org/philosophy/free-sw.html

      --
      Creativity uninhibited www.kreeti.com
    2. Re:Free As In Beer.. by Anonymous Coward · · Score: 0

      Free as in beer means an item which costs you no money. You do not necessarily, however, have permission to modify the item. An example might be a closed source application that is given away.

      Free as in speech is something you can modify and examine, but it is not necessarily something that costs you no money.

  71. GPL+Non-Competition agreement? by IpSo_ · · Score: 1

    This is something I've been thinking about myself. I have a pretty large web based application that I currently sell access to, and I've been thinking about open sourcing it, free for anyone to use and contribute to.

    The problem though is I spend hundreds of thousands of dollars/year developing it, so I don't want John Doe Computer Geek to take it and with little to no investment undercut my prices and sell access to it on his own server.

    Is there a license out there similar to the GPL that forbids someone from competing for commercial gain, or charity (free service) against the original copyright holder? This seems like a way to encourage companies to release their code, without putting their business model in jeopardy from doing so.

    --
    Open Source Time and Attendance, Job Costing a
    1. Re:GPL+Non-Competition agreement? by Qbertino · · Score: 1

      Dunno if there is such a licence.
      If there isn't, maybe you should just make one?

      --
      We suffer more in our imagination than in reality. - Seneca
  72. Of course you can! by Anonymous Coward · · Score: 1, Interesting

    Of course it is possible for a small startup to make money from GPLed software. Martin Roesch of SourceFire/Snort fame just made $225 million thanks to the GPLed Snort software that he developed. Also, Renaud at Nessus claims that all these other small companies and startups are making money from Nessus by selling and renting appliances, thereby depriving him of the revenue.

    But, the thing to remember is that while any company could make money, not every company will make money. In fact the vast majority of startups fail regardless of whether they rely on selling GPLed software or selling hamburgers. We only hear about the successful ones because the losers are not interesting and then mistakenly extrapolate this into thinking that all or most startups are successful. It isn't like that and it has nothing to do with the GPL.

    Renaud's company has failed so far but, he cites his loophole exploiting competitors as the cause. One must therefore ask, why didn't Renaud sell/rent appliances? Why didn't Renaud use the fact that he developed the software and has greater expertise to distinguish his company above the others? Why does Renaud only want to sell software that, up until now, was free? And finally, why make the binary version available for free but close the source when the competitors can still sell/rent appliances with the free binary versions?

    The scary thing about this is a risk that has been pointed out in the past. The risk is that a GPLed project will use the resources of the community to develop an application for a company which will then close the source and reap the rewards of other peoples' work. This is a risk that is countered by the GPL folks by saying well they can't take away GPLed code. This is true, of course. But, the companies can take away the meaningful development work and disrupt the project so badly that it stagnates and dies. This is what is happening with Nessus and Snort right this very moment.

  73. Tenable and product placement by kupci · · Score: 1
    Heh heh. I'd be curious about Weaver's statements, but the Nessus site is Slashdotted so now way to verify. But either way this Nessus thing seems to have nothing to do with the fact that Tenable didn't make any money off the product (and it seems according to other posts that they do make money, in fact I see from a security listserv they are even hiring people), but rather that now that they've got their product out in front of folks, they are going to yank the GPL and really profit, like McVoy and the whole BitKeeper scandal. Ride the coattails of Linus and open-source, then get greedy, that rivals are stealing their ideas (maybe a GPL issue), and that they aren't making enough as they should.

    Thing is, while Nessus seems good, except for the points Weaver mentions about the plugins, they would be __nowhere__ as a product, with competitors like ICE and other professional security products. Think of the importance of placement of your product in a grocery store.

  74. unless... by Anubis350 · · Score: 1

    ...as they pesumably did, they documented what external changes were introduced into their official realeases, in which case they already know what needs to be removed without a code hunt.

    --
    "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
  75. Reaping Benefit? by mr_tenor · · Score: 1

    The point of the GPL is to benefit everyone, not yourself :/

  76. It's a legit gripe though by Sycraft-fu · · Score: 3, Insightful

    This is one of the counter-arguments used against the GPL. When people start crying "Everything should be OSS", here's a case to point to of it not working.

    The GPL does create problems for commercial viability in many cases. You spend tons of time and money developing something, others then market the solutions for it, you get squat in return. This is a problem. The "Well make money selling support" argument doesn't work when others are selling the support better than you can.

    Now, perhaps you are inclined to think this is fine. They are better at it, so they should make the money right? Except the only reason they can, is that you put in the up front investemant to actually make the software.

    What this will lead to is people deciding that open source is not the way to go, or at least GPL-style open source. If it just leads to other people making money off of your hard work, it'll really turn people off to it.

    1. Re:It's a legit gripe though by Reservoir+Penguin · · Score: 1

      What I don't understand is how they can sell better support then the authors of ther code, who have the ultimate knowledge of the inner workings od the system? Even under GPL you still have the advantages over the ppers aas the one who gets to know the code first.

      --
      US-UK-Israel: The real Axis of Evil
  77. The same thing happened to AutoIt by Amadawn · · Score: 1

    The really cool AutoIt windows automation scripting project had to do the same a while ago.

    In that case it was not a problem with the developers not getting paid for their work or not having any community involment. Instead it was a pride/credit issue. If you release your new version of your project, with some really cool new capabilities that it took you months to develop and suddenly a competing project takes all your hard work and simply copies and repackages it in a matter of days and it gives you none or very little credit (like a small mention on the source code, but none in the actual documentation, web page, etc), at some point you are going to get pissed off and dump the GPL. It is understandable in my opinion.

    That actually gives me even more reason to be impressed at those who stick to the GPL regardless of these issues and simply "give" their work for everyone else to enjoy, disregarding even the need to get some praise for their work. That is a true and rare gift, who is hardly appreciated by most.

    1. Re:The same thing happened to AutoIt by Anonymous Coward · · Score: 0

      That's exactly what had happened to me. I've spent couple months of intensive coding to finish a project and released it under GPL. This guy just took all the source codes, renamed the project, and called it his own. And the changes he made to the files were just adding his name to the copyright. WTF. I swear I will never release anything under GPL again.

  78. what does joe nessus run? by zogger · · Score: 1

    On his machines? Does he financially contribute to all the devs with all the apps? Donate to the kernel? Maybe he does, maybe he doesn't, I am forced to guess, but just conversationally speaking, he writes code and shared it freely,and I bet a nickle he's been using a lot of free code unrelated to nessus but just as deserving of support.

    With that said, I would like a one cd distro (not 4 or 5 or 14 or on DVDs), a nice but not overly huge number of apps, and pay for it. Not a ton of money, but some, say 20 to 50 bucks, once a year release, tops. FOSS, but pay a reasonable fee, where all the loot received got divvied up between the distro packager and the app devs somehow, some formula perhaps. Maybe even select what I want from the vendor in advance (I want this desktop and this set of net apps and this other app and etc), it gets custom packaged as an iso and delivered,either download or a few dollars more snailmail and disk, allowing me to pay what I want for a "distro", and knowing that the payment got shared equally (to those who wanted it) with the devs and teams. I only get security updates for those apps for that years release then. Now, if you buy a distro, not much goes to the devs for the bulk of whatever is packaged, does it? with this idea, if I had chose to include nessus,in my custom package, he would have gotten my contribution towards his kitty. Multiple by thousands of people, it starts to add up. Better code gets more interest and purchasers obviously, so it's self regulating. Crapware and bloatware wouldn't garner as much interest, as it would cost you MUCH more. See, no fixed price, a floating price based on what YOU want and what has value to YOU, which also gives the devs incentive, as they can see what works and what doesn't. also make people want to contribute code to packages, to help out, because they would get a tiny slice then.

    Think about how it is now, you'd have to go find all the paypal donations for a HUGE number of apps and various devs, etc. and then you would nickel yourself to irrelevant obscurity with the stoopid paypal fees if you wanted to tip them all. But the distro packager could do this as a good piece of his cut, and completely eliminate paypal, so the bulk of the money would actually go for "support".

    There's got to be a way for the user community (who don't code much if any) to "give back" in an equitable manner.

    Something like this anyway might be a possibility.

  79. isn't that a violation? by stinky+wizzleteats · · Score: 1

    For Nessus to close the source in the next version, wouldn't they have to completely rewrite it? If Nessus 3 is derived from the Nessus 2.x and prior GPL codebase, doesn't that require that it also be released under the GPL?

    1. Re:isn't that a violation? by Dionysus · · Score: 1

      Since they own the codebase, they can do whatever they want with it. And since nobody have been submitting GPL code, they pretty much own all of it. GPL'ing software doesn't mean you give up your copyright.

      --
      Je ne parle pas francais.
    2. Re:isn't that a violation? by Anonymous Coward · · Score: 0
      Not sure.
      Although non-lawyers on Slashdot opined that the revocation was impossible, FSF General Counsel Eben Moglen privately admits that revocation is a problem, even for the GPL. (As a general rule, licenses are revocable, and the GPL does not purport to be perpetual.)
    3. Re:isn't that a violation? by Cinquero · · Score: 1

      No. If you are the author of some work, you have the copyright and therefore the decision is up to you under which license(s) you want to sell or distribute your work.

    4. Re:isn't that a violation? by stinky+wizzleteats · · Score: 1

      And since nobody have been submitting GPL code

      I was familiar with the Nessus community some years back. The last few versions of Nessus are rewrites by the main author to prepare the software for his commercial venture. There was considerable community support and contribution prior to that time. Once it became obvious what direction Nessus was going, that community faded. While it doesn't surprise me that Nessus doesn't enjoy a large development community at present, the author's claim of little community contribution is at best a case of confusing cause and effect, and at worst a case of unbelievable arrogance.

  80. GPL "loophole"? by nurb432 · · Score: 1

    I'm not sure id call it a loophole, as the very intent of the GPL is to allow others to do that.

    Good thing they didnt use the BSD license, they would really be bitching..

    Hey, thats the price of being 'open', live by the sword, die by it.

    --
    ---- Booth was a patriot ----
  81. BYE BYE THEN by Anonymous Coward · · Score: 0

    is is not opensource there is not way I am going to use it.
    not cause I am a GPL fun, just because I dont use security tools that I cant see for myself the code.. sorry. my organization wont be upgrading.

    Screw them.

  82. About the GPL by Anonymous Coward · · Score: 0

    So, nessus licensed their code under the GPL. Assuming they owned the copyright to the code at the time they licensed it under the GPL, the license applies to anyone who uses (copies and distributes) that code. That means if you copy (ie, with a computer onto
    the memory of a hardware device) their code, you must give the nessus people the changes you made or be liable under standard copyright law. It seems to me, and I'm not a lawyer, that even if said infringing companies don't distribute the code by offering it
    as a service they provide to customers, they still, at some point, copied it onto their computers or hardware products, and thus owe nessus any source that they changed.

    This means:
        Companies have no competitive advantages based on software features. They can
    maybe offer better service techs to go to a customer and scan the networks, which
    seems like fair competition if that's what nessus's business model is. Maybe
    the nessus team should change their business model to:
        Nessus: "Company, you know you can't compete with us on software innovation.
                          We wrote the code, we're experts, and we understand it better than you.
                          Also, any innovations you make, you have to give to us."
        Company: "True, but you guys can't compete with us on availability of service
                            technicians. You can't offer the same inexpensive, quality service
                            and guarentee that we can."
        Nessus: "I've got an idea, you pay us fairly as consultants to your R+D department,
                          and your product will be even more marketable with the added expertice we
                          can offer. You can spin it as PR like, 'My Company makes the best
                          scanners because we have THE AUTHORS of nessus working for us'. Also,
                          code changes will be licenced under the GPL, but you would be doing that
                          anyway."
        Company: "Wow, everyone wins. We sell a better, more marketable product, we don't
                            throw R+D effort away, nessus staff gets paid, the community gets a
                            great free product, and programmers can feed their families while
                            also doing GPL work. This is truly utopia."

    Ok, so that scenario doesn't seem too implausible to me. Am I crazy? Or does nessus
    just need to figure out what their REAL compeditive advantage is.

    1. Re:About the GPL by Zelatrix · · Score: 1
      That means if you copy ... their code, you must give the nessus people the changes you made or be liable under standard copyright law.

      Not quite true. The GPL does not oblige you to give the changes you made to the Nessus authors - it obliges you to give the source including the changes to the people to whom you distribute the binary. Your customers. This distinction can be significant if the product that includes your binary costs a lot of money. The code must still be licensed under the GPL of course, so there's nothing to stop your customers passing the code on to Nessus if they choose to.

      And the key word is "distribute" not "sell". Renting won't get you off the hook.

      Not entirely sure that this undermines your argument, but you do need to reconsider the premises.

  83. Supported platforms. by saintlupus · · Score: 1

    I have a dedicated Nessus scanning station at work, running on Debian/PPC on a G4 Cube.

    Why do I have an odd feeling that this platform isn't going to be supported any more. Hell, I suppose I'll count myself lucky if there's anything but RPMs for installation, let along "oddball" architectures like mine.

    I guess everything good comes to an end. Figures that this would happen right after I talk the boss into ponying up the cash for a plugin subscription. Pffft.

    --saint

  84. um, no by everphilski · · Score: 1

    The CD-ROM put encyclopedia salesmen out of business.

    Um, no it didn't. My brother went door-to-door selling 'em last summer. Damn good money if you can do the sales pitch thing.

    -everphilski-

  85. Nessus 3 will be closed by burnin1965 · · Score: 1

    In TFA they state that Nessus version 2 will remain under the GPL. Their new version 3 will not be open source or GPL.

  86. WHY there were no contributions: by swmccracken · · Score: 4, Interesting

    At least one person - Dana Epp - alleges that there is a REASON why there are no ouside contributions to the scanning core engine:

    http://silverstr.ufies.org/blog/archives/000864.ht ml

    Dana alleges there wasn't much give and take between Nessus and "the community" which discouraged any contributors.

    [In 2002] "I was about a quarter of the way complete the port [to windows] when I ran into some issues with the NASL scripting and I tried to contact Renaud and his crew to point out some issues I found. The help I got? Squat. Nothing. Barely even communicated with me. I only ever got a couple of email responses saying "I was free to do it" when I asked if I could do it in the first place, and a follow up to an issue I found with a quick thanks."

    1. Re:WHY there were no contributions: by Anonymous Coward · · Score: 0

      what did he want? a fucking medal?

  87. OSPQ by flatass · · Score: 1

    "Screw you guys, I'm going home."

  88. Even easier. by Ungrounded+Lightning · · Score: 1

    What they can't do is use any code contributed by anyone outside the company. That code they'll have to re-write since it's licensed under the GPL and doesn't belong to them.

    Even easier than that: They can go to the authors/copyright holders of that code and obtain or buy an additional (non-exclusive) license from them - to use it in their closed follow-on product or what-have you.

    Then they only need to strip out and replace any stuff for whichthey can't identify the copyright owner or that is owned by somebody who refuses to give the extra license.

    If I were in the position of such an author, I'd say "Sure. Price is what you'd have paid me to write it as a closed-source work for hire under a T&M consulting contract. Call it $xxx. Be sure to clean-room it if you decide to replace it." And I'd give them a reasonable price, best-guess for how long it actually took me. Then they can decide to pay that, bargan me down, or try to write a replacement for less. Since they get proven code and no hassles, paying up would be a bargain even at my closed-source consulting rates. B-)

    Seems fair: They want to play a closed source game, they pay closed-source prices for closed-source code written externally.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  89. No surprise by burnin1965 · · Score: 1

    First the difficulty making money off their product. IMO they did a poor job of marketing whatever it was they were selling. From their website it is difficult to figure out not only what you are paying for but when and how your supposed to pay. I think they were trying to sell priority access to plugin updates or something like that.

    They need a big BUY NESSUS front and center on the website if they plan on selling anything. And they need to be very clear and up front on exactly what your buying and who should be buying.

    Second I'm not surprised to see them change licensing as their current licensing seems incompatible with the GPL and the open source movement. Try downloading the package and read the licensing.

    That said I've checked out nessus and I think they have a nice product. Its disappointing to see this change of heart but I still hope they succeed.

  90. Sussen? by samj · · Score: 2, Interesting

    I was about to go kick off Sussen but it seems MMG Security have beaten me to it:

    Created On:24-Dec-2004 01:24:29 UTC
    Last Updated On:26-Sep-2005 11:55:35 UTC
    Expiration Date:24-Dec-2006 01:24:29 UTC

    They've just released on 26 September 2005; hopefully it's a fork of Nessus rather than an unimaginative name for a new project, but I suspect the latter.

    Who the fsck are Tenable anyway? I haven't heard of them before today and with any luck I won't hear of them again. If they didn't like the license they should not have released their Intellectual Property under it, and then someone else would have and they wouldn't have enjoyed the free publicity. Have they not seen how well MySQL is doing off the back of an Open Source product? Sounds to me like the problem isn't with the license...

    This raises an interesting question about vulnerability scanning though... who could really care less about the scanning engine or how long it takes - the patterns are where it's at; so long as we keep the patterns up to date security doesn't suffer at the hands of this greedy company.

    Incidentally, I like the way they're still advertising Nessus as 'THE Open Source Vulnerability Scanner' on their site.

    1. Re:Sussen? by KluZz · · Score: 1

      Actually, Sussem seems to be a completely new implementation, written using C# (.NET and Mono). That basically means it has a lot to prove in terms of accuarcy, reliability, stability etc.

  91. Nessus dead. Long live Hindmost by scoove · · Score: 5, Informative

    The developer also expressed disappointment over the lack of community participation in developing the software, despite its open-source license.

    I have to disagree. I'm a CISA (certified information security auditor) and have used Nessus in audits. About a year ago, I provided feedback regarding Nessus's tendency to damage production services, even in safe mode. These occurances were not Nessus's fault, but rather the consequence of very poor coding in various network devices. Often Nessus would cause old HP printers (HP Laserjet III was notoriously vulnerable), cheap network fax appliances, and in a couple of cases, Sonicwall firewalls to completely lose their configurations and reset to defaults. 10+ year old printers have a bit of an excuse in my book, but Sonicwall, which advertises as a security product, had no legitimate justification for this behavior. We were able to confirm this from outside Nessus scans as well.

    I began reporting this behavior to the Nessus group and suggested a database of vulnerable devices to prevent analysts from getting in repeated hot water. The Tenable folks were not responsive at all and indicated their fear of civil liability due to potential disparagement of network equipment vendors products. Although I referenced numerous other sites, as well as the alternate "compatible device" approach which countless operating systems take, the idea was ignored. I did receive numerous emails from other analysts who had the same concerns.

    Teneble has done a good job pushing away its user base and unfortunately moves into a hypercompetitive world of better proprietary tools. I wonder if there's an impatient VC pulling their strings.

    I'll definitely support any open source effort that continues with the GPL code. How about calling it Hindmost (for all the Ringworld fanatics out there).

    *scoove*

    1. Re:Nessus dead. Long live Hindmost by nighty5 · · Score: 1

      I have to disagree. I'm a CISA (certified information security auditor) and have used Nessus in audits.


      I've got the CISA too, but last time I checked it was:
      Certified Information Systems Auditor

      Besides, feedback has its place, provding it doesnt write code. Nessus were more concerned with lack of code input.

      I totally support them moving to this closed model, because it will guarentee a continued quality product. Plus I see no problem in buying software that helps my job. (I used to work for an audit firm in a prior life). The amount of cash these firms make in this work is amazing.

    2. Re:Nessus dead. Long live Hindmost by scoove · · Score: 1

      but last time I checked it was: Certified Information Systems Auditor

      You're absolutely right. I've been increasingly lazy in not editing my posts lately and blame a pending CISSP exam on my mind for my error! I'm curious if you've looked at any risk management certifications as well - trying to decide the next step and have several clients that'd like to see me expand on that path but don't really have any familiarity with the certification side of things. I blew off certs until the past two years and decided to get serious about them.

      I've also been considering switching to Saint (though everyone out here uses eEye - I'm not overwhelmed with it and have seen some negative comments about inconsistencies). Any thoughts there?

      Nessus were (sic) more concerned with lack of code input.

      Hard to contribute code to a project that has a restrictive license on reselling/embedding, which Nessus has had for quite some time. I looked at building openBSD appliances with Nessus for my clients a year ago but the license model then appeared to be incompatible with this, and they certainly appeared to be well on the MySQL path at that time. By closing the source, they've passed MySQL in restrictiveness. It's hard to be surprised that few volunteered free coding support for a product that appeared to be ready to close source.

      *scoove*

    3. Re:Nessus dead. Long live Hindmost by sharkey · · Score: 1
      Often Nessus would cause old HP printers (HP Laserjet III was notoriously vulnerable), cheap network fax appliances, and in a couple of cases, Sonicwall firewalls to completely lose their configurations and reset to defaults.

      Nessus will knock over HP's latest and greatest JetDirects, at least as of a month ago. As to your Sonicwalls, what makes you think Nessus scans were the cause? Random reboots and lockups are par for the source with Sonicwall devices.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    4. Re:Nessus dead. Long live Hindmost by nighty5 · · Score: 1

      The CISSP isnt too hard to complete if you have a couple of years in this space.

      I even know some accountants that have this accreditation and they have next to no experience in this field.

      As for the type of tool to use, it comes down to your objective.

      I teach Foundstone stuff, and we sell it too. Its probably the best VA tool I've ever seen and I've been in this space for about 8 years now. But its not really an audit/compliance tool.

      I turned to PostgreSQL years ago and havent looked back - but the SQL wars are now as holy as that of the Ooperating System ones.

      I'm in the process of writing my own compliance based tool specifically designed for auditors from scratch which is in stark difference to whats on the market now - however I'd prefer to leave it at that for now :-) Its going to blow the socks off.....

    5. Re:Nessus dead. Long live Hindmost by scoove · · Score: 1


      I'm in the process of writing my own compliance based tool specifically designed for auditors from scratch which is in stark difference to whats on the market now


      Cool. That'd have to beat my horribly rough Python/Qt Q&A app that fronts a psql database and a whole bunch of duct tape of all the output from every assessment tool (been thinking about Reportlab pdf form generation from this as well for my OCTAVE forms and survey reports). Make sure you get posted on /. when you've got something.

      *scoove*

  92. They didn't get opensource at all by Anonymous Coward · · Score: 0

    They could keep their code GPL'ed and sell the updates/checks/scripts as their services! WTF! THAT's opensource... everybody could help create a better engine and companies would sell the security tests.. of course someone would release GPL'ed tests .. that's for sure. But that's opensource... I think that's just an excuse to close the code, after community has done something on it for a while.. something like a thank-you-for-everything-but-i-dont-need-you-anymo re...

  93. Rather OT, but some help... by HerculesMO · · Score: 1

    Being a newbie to Linux in general, I had some hopes of installing Nessus onto RedHat but I kept getting errors. I got the RPMs from atrpms (I think that's the site) however, it keeps prompting me saying there are dependancies and that I can't install before THOSE are installed. And then I wind up trying to install everything I can, with no luck -- and I keep having issues.

    So if anybody wants to give me a hand installing it or some pointers, and keep in mind, I'm a Windows-only user (trying to make the switch!), I'd really appreciate it!

    --
    The price is always right if someone else is paying.
  94. trademark by Anonymous Coward · · Score: 0

    This is where trademark law becomes handy. If you trademark the name of your GPL product, you can sue those companies that use your name.

  95. Speak to a lawyer by Anonymous Coward · · Score: 1, Insightful

    I would speak to a lawyer first, or at least read a few books on OSS licenses. There are a number of conditions in the Artistic License that are not inforcable.

  96. New license ... by pbhj · · Score: 1

    How about the following new license ...

    Nessus is subject to the GPL except in as far as it conflicts with the following terms:

    1) All versions released commercially, except in accordance with clause 2 below, must bear the tag line "based on a product of the Nessus team - why buy it anywhere else when you can get it from the experts!". This text must be used in all advertising in the same font as the product name. It should be displayed on screen at all times when any textual element (which term includes graphical letter forms) of the program is visible to a user.
    2) Commercial distribution can be made without adhering to clause 1 if the following terms are met:
          a) The tag line "based on a product of the Nessus team" appears in at least 11pt text on any marketing literature.
          b) You pay the Nessus Team ... one million dollars ....!

    Or basically use the BSD (with advert) license.

    Oh, and using a hugely complex configuration file (cf. httpd, sendmail!) will net more consultancy fees.

  97. Tax services by CustomDesigned · · Score: 1
    However, no one is going to make money on open sourcing things like Quicken or TurboTax and other common user apps unless they are utterly useless without some expensive services provided by the company that makes them.

    Like providing annual updates, for instance? An open source engine where you pay yearly for forms, instructions and rules would make a good model. Currently, vendors are too busy competing on peripheral things like interviews and eye candy.

    Another, perhaps better model would be for the government to provide the forms, instructions and rules in machine readable format at no additional charge. Then, both open source and proprietary programs can compete with engines to execute them - providing eye candy and interview fluff, or not according to preferrence.

  98. Its a big freekin pitcher... by Psarchasm · · Score: 2, Interesting

    That's *the* valid excuse. They were in fact drinking the kool-aid - they believed that by contributing to the codebase, that it would make everyone's project stronger. As it happened, they kept giving and the competition kept taking. The community didn't give back.

    I guess they didn't gain anything from Linux, libwhisker, nmap, Bugzilla (MPL, I know - but they use it, and the argument still works), or any of the countless other open source projects. Why is it that coders always feel they don't get their just rewards? Why ever release under the GPL to begin with? Didn't gain anything... pfft.

    Nessus gained a reputation as a premier vulnerability scanner because it was open and free -- period. Nessus isn't terribly more special than Retina or ISS Internet Scanner. Look up "vulnerability scanner" in google and your first hit is Nessus because it was free AND open. Had it just been free it never would have gotten off the ground. Seems to me Linux probably wouldn't have gotten very far either. Hey its their code (I guess), so they can do what they want with it. I guess they just weren't making enough of their own black box implementation - but they'll need to have some insane tricks up their sleaves if they think they'll make money against whoever forks Nessus 2.x and keeps it free.

    Hell the only reason anyone buys ISS's scanner is because it ties in with their whole SiteProtector line.

    *shrug*

    Some people do manage to make some money from their open source projects... SourceFire. Odd day in open source security land.

    --
    http://windows.scares.us
    1. Re:Its a big freekin pitcher... by Mr.+Underbridge · · Score: 2, Interesting
      I guess they didn't gain anything from Linux, libwhisker, nmap, Bugzilla (MPL, I know - but they use it, and the argument still works), or any of the countless other open source projects. Why is it that coders always feel they don't get their just rewards? Why ever release under the GPL to begin with? Didn't gain anything... pfft.

      For them, those are the benefits of free (gratis) software. In this case - their *project* - the GPL didn't work because it didn't foster collaboration. No one else was working on it. Since that is the very point of free (libre) software, there was no benefit to this project being GPL'd. Since it was hurting their business, they had little reason to keep the thing open.

      No brainer decision, really.

    2. Re:Its a big freekin pitcher... by Znork · · Score: 1

      "Since that is the very point of free (libre) software, there was no benefit to this project being GPL'd."

      Not really, like the parent said the marketing value of the project being GPL is pretty much what's made Nessus popular at all. Without it, it simply isnt that compelling compared to other proprietary products. The license change in itself lowers trust in the product, and for paranoid security geeks it may very well be interpreted as yet another bait'n'switch like pgp or ssh.

      The smart move would have been to plan transition to GPLv3 instead, which will probably close the holes they worry about.

      Of course, if money's on the table and the plan is to get aquired (at which point the product will probably go down the drain like usual), that might not be an option.

    3. Re:Its a big freekin pitcher... by akozakie · · Score: 1

      "...whoever forks Nessus 2.x and keeps it free."

      Well, they claim that they get very little code from the community. This suggests that most people are just using it and there are no active, commited developers. Who will fork? I you fork with codebase you hardly know, it'll take time before you're ready to take on v.3.

      So forget "insane tricks" - their strategy is risky but sane.

  99. No closed source security scanner touches my PC by Anonymous Coward · · Score: 0

    You'd have to be pretty trusting to allow a closed source vulnerability scanner on your network.

  100. Insightful, yes! by hummassa · · Score: 1
    The GPL can prevent vendor lock-in because people can study the code and resolve compatibility issues if any.

    Not in the sense that anyone can pick up the code and be a competitor - although it is also permitted under the GPL, it is not what prevents vendor lock-in.
    Yes, in that sense also. Now, if nessus competitors keep selling "gnessus", with their (competitors') contributions and additions, then nessus is the one who cannot incorporate such additions. And yes, the other poster who said that now "gnessus" will have a lot of community involved, is right too -- the market (even the FOSS market), as the rest of "nature", abhors a vacuum.
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  101. nearly useless tangent by lactose99 · · Score: 1

    Dang, I just submitted this. Ah well, perhaps I'll get a dupe...

    Slashdot has now silently slipped into the next phase of its existence, where visitors not only expect but hope for dupes.

    --
    Fully licensed blockchain psychiatrist
  102. Enforce the license by RoadWarriorX · · Score: 1

    The problem appears to be that Tenable Network Security (the company which primary author Renaud Deraison founded around Nessus) isn't making money because it's competition is simply repackaging their product.

    Is the competition following the terms of the GPL? Is the competition providing the source code? If not, revoke the license for not following the terms of the license. If they are simply repackaging the code verbatim, use that knowledge against them. That's what competition is about.

    "So in that regard, we have been fueling our competition, and we want to put an end to that. Nessus 3 contains an improved engine, and we don't want our competition to claim to have improved 'their' scanner."

    If it's a false claim, sue them. If they really made improvements, enforce the license. Take their improvements, and merge it into your product. They must release the source code if they release their product. Otherwise, revoke their license. If their don't comply, sue them.

    So in the ideal situation, you and your competition will be providing an improved product overall, sharing each other's improvements until the product becomes the defacto standard. I just think that there was a lack of vision and there was no real understanding of the GPL.

  103. He's right about contributions from community by X.25 · · Score: 2, Informative

    He even had to contact people around (who found security bugs) and ask them to check if Nessus check was valid for certain vulnerability. He did contact me twice, and I did test/review the check, but I never contributed anything to Nessus.

    Why?

    In all honesty - because of the reason I went out of "security business". It became a business, where every idiot would try to take a "piece of security cake", even if they were complete idiots without clue about anything related to security. Or more precise - "it became a business".

    Although I adore Nessus, and used it on few occasions (prefer to do things "by hand" :), I simply never wanted to make it easier for those idiots to perform tasks they were not intended to do, in the first place.

    I admire Renaud for actually surviving this long with GPL license, and I sure admire his dedication to Nessus.

    He is right for doing this, and I wish him all the best.

    1. Re:He's right about contributions from community by schon · · Score: 1

      I did test/review the check, but I never contributed anything

      No, you're wrong, you *did* contribute - not code, but you contributed your time and expertise to make the product better.

  104. Complex config files? by Crizp · · Score: 2, Funny
    Oh, and using a hugely complex configuration file (cf. httpd, sendmail!) will net more consultancy fees.

    OK, the Sendmail cf is truly mind-taxing, and the manual equally so (to me at least), but I just don't get what's supposed to be so insanely difficult about Apache's config. I, at least, have always found it to be one of the most understandable configs out there (apart from mod_rewrite though) and the manual is excellent. What's the deal here?

    BIND config - now that's a candidate for an Extreme Makeover if I ever saw one.

    1. Re:Complex config files? by pbhj · · Score: 1

      I think it's just that the config is so vast ... so much to configure ... or maybe I'm a moron, or maybe both!?

  105. A duh, GPL no workie with classical business plans by Orion+Blastar · · Score: 1

    Classical Management just does not understand OSS licenses. It is possible to make a profit from OSS licenses. Still those classical managers want to avoid OSS licenses in favor of classic closed source licenses.

    OSS Business Plans are something that classical managers do not understand. Sure the source code is open, and available for download for free, but you can sell the tech support, manuals, training, CDs you burn the software on, other merchadice related to the product (like those Tux dolls and Tux t-shirts that are so popular with Linux), and even bundle hardware with the software and sell the hardware and software in one package (like their competitors did, duh, why didn't they think of that?)

    The Windows version of Nessus is commercial anyway, so they must be getting burned by the Unix version?

    Oh, BTW, isn't it possible to sell GPL code as a commercial software like all of those Windows environments based on WINE, like CrossOffice, WINEX/Caldega, etc? I mean if that is the case, why drop the GPL license? Or did those modifications on WINE get released from the GPL?

    To me, this is not a failing of the GPL, but rather a failing of classical management. There are more modern and better types of business management out there, that leave classical management in the dust. Yet people like me who practice the new forms of business management, get blackballed by classical managers, because we are a threat to them.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  106. Thank You by Anonymous Coward · · Score: 0

    Thanks for comming to the party. Thanks for leaving such a wonderful gift.

    Live long and prosper,
    Mike

  107. What they should have done ... by flazz · · Score: 1

    Thier main complaint was that the competition was selling thier product and the FS model wasnt contributing enough.

    Lack of contributions could mean two things: the users were "leaching" or the product was really that good, i think the later because other people were selling it.

    You could also assume the competition was better at bringing their product to market. They should attempt to make a deal with the competition to market it and they will develop it.

    Everyone wins bigger.

  108. That's not the half of it. by Zaurus · · Score: 5, Interesting

    I'll give you THE REASON why there wasn't much of a community around nessus:

    Renaud

    Yes, that's right. Renaud himself. Schizophrenic, anti-social, flaming Renaud. Let me illustrate:

    A few years ago the company I worked for wanted to provide Nessus scanning as a service to people. The CEO himself wanted us to be good citizens in the OSS community (he was a techie before he got into management) so, not quite understanding the GPL, he personally sent an email to Renaud asking if it was ok to do such a thing. He basically got "ya, sure. just tell people that you use nessus" as a response. Of course, providing a service using stuff under the GPL is perfectly legal, regardless of whether or not you modify source code (which we never got around to doing anyway).

    Fast-forward a few months. We're creating the service. We join the mailing lists and start asking a couple questions. Almost instantly Renaud flips out. To paraphrase: WHAT THE ____ DO YOU THINK YOU ARE DOING USING NESSUS? WHO THE ____ DO YOU THINK YOU ARE? COMPANIES CAN'T USE NESSUS TO PROVIDE SERVICES! ESPECIALLY IF YOU CHARGE FOR IT! SUPER-ESPECIALLY IF YOU MANAGE TO MAKE A PROFIT (and don't give us a large cut)

    Ya, ok. Whatever. Renaud subsequently (in emails to our CEO) threatened legal action against us for things such as "using nessus." Legal improbabilities aside, that totally spooked management and alienated myself and the rest of the development team. Several of us have participated in other OSS projects through irc, mailing lists, forums, contributing patches, reporting bugs, etc. Such OSS participation is generally well-received. With nessus, not one of us who ever tried to participate in its "community" ever felt welcome in the least. To the contrary, every time we dipped our collective toe in nessus's pool, we came away with frostbite.

    Renaud appears to have finally woken up to the legal ramifications of having put nessus under the GPL. Namely, he can't dictate what others can and can't do outside the confines of the license. If any of you are considering using nessus in the future, I highly recommend going through his license with a fine-tooth comb. When he sells out to SCO [so he can actually get his threats into the courts and the news], you will want to know how many of your vital organs, children, and relatives that they are going to go after.

    I say, GOOD RIDDANCE NESSUS.

  109. Only the beginning of their stunts... by Zaurus · · Score: 3, Interesting

    With stunts like this, would you trust Tenable to protect your network?

    No.

    As I've already mentioned, Renaud has never considered his project to be under the GPL. Oh sure, he knew it was under it, but flaming anyone and everyone that he suspected of "working at a company" or "using nessus for profit" or "doing anything that didn't meet Renaud's fancy" was not exactly uncommon.

    The reason that there's not a serious community around nessus is Renaud.

  110. Driven away help, is more likely. by Zaurus · · Score: 1

    From their indication that they haven't seen any significant help in six years, we can presume that the third possibility is unlikely

    More like:

    "Since Renaud tends to drive away potential contributors with legal threats, we can presume that significant contributions were successfully minimized."

  111. They need to pay their bill by sdugoten2 · · Score: 1

    I am $200k or more in debt and drive a 1989 CRX Si.

    That pretty much explain everything. GPL does not work for everyone. They need to pay their bill.

  112. You mean, they created competition... by Zaurus · · Score: 1

    As it happened, they kept giving and the competition kept taking. The community didn't give back.

    Well, that's one spin on it.

    As I've mentioned before, a more reasonable view is that any serious potential contributors were driven away by Renaud's flamingly stupid threats and other rants. It's what prevented the company I worked at from becoming a contributor or participating in the so-called "community."

  113. Or maybe Renaud drives people away. By flaming. by Zaurus · · Score: 1

    So, if it does fork and the open source fork gets a lot of development that would mean of two things. Either the developer is understating the community involvement or he wasn't that good at drumming up interest in community involvement."

    Or, more likely, maybe Renaud personally discouraged community involvement.

    I mean, seriously, how many of YOU like to be flamed by a project's evil dictator for trying to participate in the community?

  114. omg we're open source by caller9 · · Score: 1

    Open source demands higher quality by fostering innovation. What? It's out of control, we aren't innovative anymore! Lock it down boys! We'll deliver closed source solutions now, because some people are better at this than we are.

  115. If I had a hammer.. by Rick+Richardson · · Score: 1

    report_ng.c:1298: warning: cast to pointer from integer of different size
    report_save.c: In function `file_save_ok_callback':
    report_save.c:87: warning: cast from pointer to integer of different size
    report_save.c:95: warning: cast from pointer to integer of different size
    xml_output_ng.c: In function `xml_plugins_plugin':
    xml_output_ng.c:402: warning: cast from pointer to integer of different size
    monitor_dialog.c: In function `monitor_dialog_setup':
    monitor_dialog.c:155: warning: cast to pointer from integer of different size
    monitor_dialog.c:205: warning: cast to pointer from integer of different size
    monitor_dialog.c: In function `monitor_list_update':
    monitor_dialog.c:257: warning: cast from pointer to integer of different size
    monitor_dialog.c:265: warning: cast to pointer from integer of different size
    monitor_dialog.c: In function `monitor_stop_whole_test':
    monitor_dialog.c:510: warning: cast from pointer to integer of different size
    monitor_dialog.c:524: warning: cast from pointer to integer of different size
    monitor_dialog.c:530: warning: cast from pointer to integer of different size
    monitor_dialog.c: In function `monitor_input_callback':
    monitor_dialog.c:572: warning: cast from pointer to integer of different size
    monitor_dialog.c:601: warning: cast from pointer to integer of different size
    monitor_dialog.c:603: warning: cast from pointer to integer of different size
    monitor_dialog.c: In function `build_plugins_order_table':
    monitor_dialog.c:658: warning: cast from pointer to integer of different size
    monitor_dialog.c:664: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_dialog.c: In function `prefs_dialog_set_defaults':
    prefs_dialog/prefs_dialog.c:505: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_dialog_scan_opt.c: In function `prefs_dialog_scan_opt':
    prefs_dialog/prefs_dialog_scan_opt.c:247: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_dialog_scan_opt.c: In function `prefs_scanner_redraw':
    prefs_dialog/prefs_dialog_scan_opt.c:326: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_dialog_scan_opt.c:329: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_dialog_plugins_prefs.c: In function `prefs_plugins_prefs_redraw':
    prefs_dialog/prefs_dialog_plugins_prefs.c:280: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_dialog_plugins_prefs.c:281: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_dialog_plugins_prefs.c:287: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_dialog_plugins_prefs.c:288: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_plugins.c: In function `prefs_dialog_plugins':
    prefs_dialog/prefs_plugins.c:356: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_plugins.c:357: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_plugins.c: In function `prefs_plugins_redraw':
    prefs_dialog/prefs_plugins.c:531: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_plugins.c:534: warning: cast to pointer from integer of different size
    prefs_dialog/prefs_target.c: In function `delete_session_cb':
    prefs_dialog/prefs_target.c:70: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_target.c: In function `restore_session_cb':
    prefs_dialog/prefs_target.c:114: warning: cast from pointer to integer of different size
    prefs_dialog/prefs_kb.c: In function `pref_set':
    prefs_dialog/prefs_kb.c:132: warning: cast from pointer to integer of different size
    detached_index.c: In function `_stop_session':
    detached_index.c:69: warning: cast from pointer to integer of different size
    sslui.c: In function `sslui_paranoia_callback':
    sslui.c:60: warning: cast from pointer to integer of different size
    sslui.c:62: warning: cast to pointer from integer of differ

  116. Speaker to Animals plugin? by ManyLostPackets · · Score: 2, Funny

    Uncheck this option to avoid killing (and eating) your sensitive network devices.

  117. Open source is idealism in action... by totoposte · · Score: 1

    Unhappily, we are far from living in an ideal world. Where people has mortgages and so many other cumbersome, but also very real things to pay.
    This is something that is overlooked by so many ponents of the open source ideal, due to many reasons, but that could be resumed in two cases: the youthful idealism of smart and talented people, that being young do not have to care about such mundane things as paying a loan, college tuitions and food for the family. And two, the voices of those that already get a living from their (in most cases) well earned reputations, or in the well occupied niches of open source enterprise, and so are defending their bread-earner.
    I very much agree with those that believe that open source projects could be benefical for many, even for humanity as a whole. However, I also believe that good work deserves payment, and open source can, in my opinion, only be a money-earner for a very selected group of applications and services.
    A freshman programmer that has only his talent for coding to attempt to earn a living, is going to have a hard time competing with those that have already created a niche. There are only so many business slots for enterprises as Red Hat.
    Open source, in my opinion, should be for most cases and scenarios, viewed as something that is made for the fun and good-will related to it, but not for the prospect of getting money out of it. I am not saying that it is impossible, because that would be a downright lie, only that it is a harder path to take, if you are interested in getting money for your work.

  118. This is the problem with the GNU/OSS crowd. by Deadguy2322 · · Score: 0

    This situation demonstrates exactly why the makers of Nessus were right. This whole history of non-contribution, followed by a "Fuck him for going closed source on us! Let's fork the last GPL release and contribute just to spite him!" response is disgusting! Where the fuck were you people while it was still GPL? Why didn't you care enough to contribute then? Why should anybody respect your ideals when this is how you choose to demonstrate them?

    --
    Check out my foes list to see who is so retarded that they can't use the signature line!!!
  119. Re:where are modpoints when i need them ? by richlv · · Score: 1

    of course, i would not investigate your story, but i definitely would mod it up - just so that we get more opinion on this factor :)

    i think /. modpoint strategies should be revised somehow. i would prefer 1modpoint/week that would not expire for a month. usually i either spend my modpoints in a furry so that they do not expire (and some time later see posts that i would like to mod up) or thei expire because i do not see a worthy underrated post for days :/

    --
    Rich
  120. GPL3 by slashmonki · · Score: 0

    Maybe they'll use that?

  121. I don't get it -- or is there a flaw in reasoning? by Anonymous Coward · · Score: 1, Interesting

    I really don't get it.

    The company announces they are fine money-wise but will close it's next version's source to stop all the free-loaders/previous customers that make money from simply repackaging the source.

    Therefore i currently can get the software from several distributors and if i need support i can choose between several service providers. Sounds good!

    This is a really spiteful move. I decided to put my software under the GPL and now that the GPL is actually doing its work -- customers have more choice, more, distributors, more services available -- i note that choice is only good for the customers but bad for me! I earn money with my software and services but so do others, too, oh no. I lock it away. I lock my customers in. It's mine, mine! and you have no right to earn money using my hard work.

    On the argument of "nobody's contributing, buhuu":
    The argument that the other distributors are not adding code is none. Millions of people are not contributing code and still use, repackage or provide services for FOSS software. It's part of the model and often considered one of the strengths of FOSS.
    Maybe nobody contributes because the the current Nessus is good enough (for my needs it is) or the contribution process is clumsy or difficult (i don't know). I guess, once the sources are closed the current version (2.2.5 i think) will be the focus of FOSS development, if there is any need.

  122. If it's good enough for Trinity... by Anonymous Coward · · Score: 0

    it's good enough for me.
    - The one, the only, AC.

  123. One word by Anonymous Coward · · Score: 0

    QPL

  124. A little background by brennz · · Score: 4, Interesting

    I think many of us in the security community have always had the feeling that Tenable was less than forthcoming about their plans. I can remember many a security colleague mentioning things to me about the people behind Nessus. It was that sort of hushed tones, something is wrong kind of thing. Being the skeptic, I initially discounted those conversations.

    Later on, Tenable started to make commercial only modifications. The truth started to come out.

    Lets get this straight - the only reason why many of us chose Nessus was because it was Free & OSS. We could have just as easily chosen other tools to use instead. The commercial vulnerability scanners of the earlier era were far better at that time.

    Now they want to change? Good luck.

    I'm looking forward to whatever OSS tool takes the place of Nessus.

    Oh and another thing too, on setting the record straight. Tenable might be the sole authors of the core scanning engine, but they definitely benefited *GREATLY* from external plugin authors.

  125. wake up by andrew71 · · Score: 1

    The project didn't have major contribution because it miserably failed building a community around it.

    Major external contributions would now stifle the possibility of a license change, and Tenable was founded after Nessus gained popularity.

    No one except Renaud (and possibly a few others) is in the position to confirm or deny that this was intentional rather than occasional or simply miscalculated. But I believe anybody with a good sense that has been on the developer mailing list for a while can see the reasons for this.

    I already said this time ago, when the licensing terms for the plugins were changed.

    --
    13-4=54/6
  126. Great idea open source - if only it would work by finlan · · Score: 1

    It is a great idea open source but it rarely works out. I am a software developer and what I see is that software developers are not always paid well. Yet the companies who use open source products can and do make hefty profits. So I would argue that what all developers should do is always charge hefty fees for whatever they code. Let's all unionise. Forget the squabbling between the wintel faction and the linux lovers. Let's join forces and screw big business. The work we do is complex, complicated and tiring. I am damned if I am going to do anything for free. From today we all charge 1000 USD per hour - non negotiable. This is a call to arms. Join me.

  127. But that is the POINT of GPL - Free Love by Anonymous Coward · · Score: 0


    But that is the POINT of GPL - Free Love, and all which goes along with that (sex, drugs, source code). Isn't it the POINT of GPL for others to use? So what if the "competition" [sic] uses the same source -- that is the whole idea!

    "Competition" [sic] since if you give away your source code, you agree that you have no competitive interests.

    (that preview was way too fast)

  128. GPL OSS can make sense as a part of a business by Qbertino · · Score: 1

    If you release a commercial product as GPL OSS - which I have done - you have to be ready to go with it hook sinker and all. Which the Nessus people obviously weren't.
    Going OSS with a working closed source product can but only have ONE SINGLE commercial benefit: As a marketing ploy. That's the simple truth.

    If you have a finished piece of Software and you want it to soar by going GPL, you'll have to be ready to play the informal and emotional turnpike for all that's involved. That works well by tying the product to a single person who built it and maintains it (Kaspar Skarhoj -> Typo3, Linus Torwalds->Linux Kernel, ...) and so forth.

    Nobody has interest in forking Typo3, because nobody can move as much as Kasper when it comes to T3. He know's what's going on. He's the emporer and the T3 people are his minions. He serves them and thus they are ready to follow him. If Kasper would start getting pissy with all people involved, they would be off on their own very fast. PHPNuke went that way. The creator didn't make the transition from mere programmer to community leader/maintainer. He was sad that no one paid him for what he'd done and started withdrawing from the unwritten deal. And so Nuke was forked something like 10 million times and eventually died the death of Über-forkage. It's not the top PHP CMS anymore.

    Bottom line:
    GPLing stuff only makes sense as a business, if you are willing to move along in the evolution of the product. Nessus could do huge moves with a GPLd version. Even I know the name, allthough I'm not a security guy. That they withdraw all mixed up because competition is using their stuff only shows that they don't understand. From the GPL point of view, that others are using Nessus is an advantage, not a downside.

    --
    We suffer more in our imagination than in reality. - Seneca
  129. GPL supports marketters, vs. developers profit by Morgaine · · Score: 1

    using the GPL as it was intended, to prevent vendor lock-in

    That's one of the good part of the GPL (it has many), as intended. But it also has unintended consequences which are bad.

    Where in the GPL does it say "Code re-marketers will make higher profits than developers"? Nowhere. Yet, there is a cost associated with developing a package, but people who merely copy and market a GPL package bear none of that cost. Consequently, the GPL favors pure marketting companies at the expense of developers who also try to market their product. The developers will always lose out, simply because they have higher costs.

    In order to be fair to developers, the GPL would need to carry an additional clause which stated: "The GPL is not concerned with marketting, but respects any marketting conditions required by the author(s) of the software as long as such conditions are compatible with the GPL. THIS LICENSE IS VOID IF SUCH CONDITIONS ARE NOT MET."

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  130. how do contributers know their code was removed? by walterbyrd · · Score: 1


    1) wouldn't this leave the door wide open for litigous bastards like scox?

    2) what about those who contributed in ways other than providing code? For example: I provide a lot of valuable testing and feedback because I *think* I am contributing to an open source project. Then the project pulls a 180 degree turn, and tells me: "HA HA your efforts have only severed to make us $$." Doesn't seem fair, and doesn't make me want to contribute to other projects.

  131. Mod parent up by robla · · Score: 1

    Good to hear from a source of authority on the subject. Security scanners aren't my thing, so other than the basic licensing issues, I don't know the qualitative difference between Sourcefire and Nessus. However, if the Debian maintainer (ehem) is less than enthusiastic about Nessus, that's a pretty strong statement about the future prognosis of "Gnessus".

  132. HAHAHAHA by Anonymous Coward · · Score: 0

    HAHA Hooray open source!
     
    Now, fork Nessus, put it on Sourceforge, and work on it once every 3 years, then fail.

  133. Nonsense by jotaeleemeese · · Score: 1

    If you are the source of all wisdom then it is very simple: stop creating the code. Your competitors would come to you begging you to fix things.

    Obviously the competitors are good enough to support the base code, so maybe the original company is not as good as they would like to think...

    --
    IANAL but write like a drunk one.
  134. Hey, guess what? by Sycraft-fu · · Score: 1

    That's just what he did. However people here seem to be pissy about it.

    Can't have your cake and eat it too.