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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.

16 of 394 comments (clear)

  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. 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.

  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. 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
  6. 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...

  7. 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)

  8. 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

  9. 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????

  10. 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

  11. 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.

  12. 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
  13. 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"
  14. 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.

  15. 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*

  16. 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