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GPL 3.0 Rewrite Drive Is No Democracy

linumax writes "Users will be free to comment on the upcoming complex and technical draft versions of the GNU General Public License 3.0 in an easy way, according to Eben Moglen, general counsel for the Free Software Foundation. However, Moglen said Wednesday, speaking at the Open Source Business Conference here, the rewrite of the GPL is not an election and there will be no voting on its clauses. In a session entitled GPL 3.0: Directions, Implications, Casualties, Moglen said that when GPL 2.0 was promulgated some 14 years ago, very few people cared about it. On the advice of a few dozen people and a couple of lawyers, it was written and released. "That was a fine system then. It is not a fine system now. I expect the process around GPL 3.0, when it begins in some 60 to 90 days' time, to collect a great deal of comment from people on the draft documents... ", He said."

66 of 386 comments (clear)

  1. Why would it be a democracy? by winkydink · · Score: 5, Funny

    Everybody knows those GNU people are a bunch of Commies. :)

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    1. Re:Why would it be a democracy? by AuMatar · · Score: 2, Insightful

      You apparently don't understand the difference between economic and political systems. Communism does not imply non-democratic. In fact, it works best in democracies. On the same path, capitalistic does not imply democratic- in fact, it lend itself best to oligarchies.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:Why would it be a democracy? by Sam+Haine+'95 · · Score: 3, Funny
      Tell me more about your communist democracy. Let's say that I am a snow cone maker. It costs me about 10 cents in syrup, ice, and equipment depreciation. I decide to charge 25 cents for a snow cone. Is that OK in your communist democracy? Is that pricing and production level completely my choice as a free individual?
      Good luck selling your snow cones in Siberia, comrade.
    3. Re:Why would it be a democracy? by AuMatar · · Score: 2, Insightful

      Umm, there's nothing about democracy in that. Your question does not have anything to do with the government. Democracy!=individual free choice. That would be anarchy, a governmental system where everyone is allowed ot do whatever they want whenever they want. Democracy is where people vote on the laws. Similar to its close relative republic, where people vote on people to vote on laws. You can have a democracy that sets price cielings and floors quite easily. See agriculture (price floors through buying excess crops) and rents (price cielings, by setting max rents in NYC) in parts of the US.

      Apparently no, you don't understand the difference between the two.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:Why would it be a democracy? by AuMatar · · Score: 4, Interesting

      AGain, you confiuse govenrnment and economic systems. Government is about how you enact laws. Economic systems is about who owns property and how its distributed. A democracy can very easily be a communism- they just have to vote to be one. In fact, its the most natural form of a communism, since in a communism everyone is supposed to have equal ownership- equal votes. Thus the "dictatorship of the proletariat" is similar to the "tyranny of the masses" normally caused by pure democracies.

      Democracy most notably does NOT mean free, in any sense of the word. Its quite possible to have a democracy where you vote to take away freedom (or even the life) of certain groups or certain people. In fact, the first democracy, Athens, did just that on a regular basis. It was called the lottery. Thats the major problem wiht pure democracies- 50%+1 wins, even if it screws over a sizable minority. Its one of the reasomns why the US is a republic instead.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    5. Re:Why would it be a democracy? by Anonymous Coward · · Score: 2, Informative
      Communism is about renouncing private property (and taking away properties from those who have some) and sharing things in the name of the Greater Good.
      No it's not, it's about workers owning the means of production. You are thinking about state communism which is just a pecific implentation of the idea.
    6. Re:Why would it be a democracy? by WhiplashII · · Score: 2, Funny

      No; in a truely democratic communistic society, we would vote to decide the price. Everyone but you would vote that it should be free. Then we would take your snowcones, and you would try to get out of the country before the next vote (where we take whatever you have left)!

      --
      while (sig==sig) sig=!sig;
    7. Re:Why would it be a democracy? by petrus4 · · Score: 2, Informative

      Socialism is a hard to define bastard term- it originally was an offshoot of communism, but now tends to be used to describe economic systems where the government (not the people!) control the means of production.

      No...A socialist more honestly (in my observation, at least) is usually a closet Communist who doesn't want to admit such to himself or other people. (usually because he's scared that nobody will listen to his opinions if he does) The term "progressive" is another such euphemism for closet Communism. Most of the authors on commondreams.org (as but one example of "progressive" closet Communist websites) would protest violently if accused of being Communist, but yet the site hosts blatant Marxist advocacy such as this.

      Ditto for the Nazis. (Although they were fascists, not Commies) They used the term "national socialist" because it combined connotations of nationalism/patriotism, and socialism...both terms which they thought would appeal to the population and sound like what they wanted to hear.

      There's never been a bigger lie told than the one about Communism dying with the collapse of the Soviet Union. What that lie has done has been to make Communism far more palatable...because it enables Communists to maintain and propogate their existing belief systems under such euphemisms as the above.

      Microsoft were correct to call Stallman a Communist. By definition, he is...because he insists that the means of production (source code/tools for creating programs in this case) be owned/freely usable by the workers. (programmers) You might say that there is a distinction between end users and programmers (the "workers" in this context) but the UNIX paradigm in particular makes no such distinction. Whether or not it is a good or bad thing is a subject for another debate, but it is true that the paradigms Stallman advocates put capitalism (at least where software is concerned) on the endangered species list. The reason why is because Stallman has the attitude that his way is the *only* correct or acceptable way...he is completely intolerant of views differing from his own.

      In some situations, I do actually think that a Communist-like economic approach can be a good thing...for intangibles like power generation, net access, software, and so on. But for physical objects it doesn't work.

      Capitalism works on the presumption of the creation of a monopoly, or the *scarcity* of a given commodity...so for physical non-renewables like oil, precious metals, and even agriculture, it works well. Economic Communism on the other hand does have some viable applications, but is much more favourable to dealing with intangible commodities that are abundant/inexhaustible. (Which is why software piracy/trading is as prevalent as it is, and why open source itself can work) This is repugnant to the exclusively capitalistic mind because it does not involve hard fiat currency changing hands, but what such capitalist fanatics are missing is that trade still takes place, just not in monetary form...if you have a file that I want, and I have a file that you want, we both upload, and we both get what we want. So in that sense it's closer to barter. Capitalism is hostile to barter/non-liquid forms of trade because it holds the use of liquid (capital) to be the catalyst which starts/enables its reaction, if you like.

      The trick is to be willing to accept both Capitalism and economic Communism on an emotional as well as an intellectual level, and to be able to determine which paradigm is likely to be more viable in each situation. They're both part of the ecosystem, and they can both work to solve different economic problems...the real problem is when people start insisting that only one of them should exist at the expense/exclusion of the other.

    8. Re:Why would it be a democracy? by WhiplashII · · Score: 2, Interesting

      BTW, Karl Marx has been definitively proven wrong. One of the base tenets of his theory leading to communism is that as capitalistic economies progress, the people that own the means of production take all the profits, leaving nothing for the workers. It turns out that the division of profit between labor and capital is and has been ~75% labor, ~25% capital for as long as we can measure. This turns out to be a direct consequence of the ratio between the marginal productivity of labor and the marginal productivity of capital.

      Interesting stuff!

      --
      while (sig==sig) sig=!sig;
    9. Re:Why would it be a democracy? by Bruce+Perens · · Score: 2, Interesting
      You are confusing democracy and free markets vs controlled markets. In a free market, someone else would sell Ice Cream for 15 cents, and you'd buy from him. In a controlled market, the price would be set at a level that would allow the ice cream maker to make a living. The ice cream maker is incented to increase efficiency in order to increase his margin. In the free market system, the market responds to that by lowering prices if all vendors can use the same efficiencies. In the controlled market system, the same may or may not happen.

      Now, tell me which system you live in. In many cases, what we think is free market really isn't.

      Bruce

    10. Re:Why would it be a democracy? by TeXMaster · · Score: 2, Informative

      You got it all right until the end. Being a republic is orthogonal to being democratic. Republic is the opposite of monarchy, and it refers to nation that have a res publica, something which is not owned by anybody (in particular the King) and is therefor property of everybody/nobody. A republic does not have to be democratic in any way.

      --
      "I'm never quite so stupid as when I'm being smart" (Linus van Pelt)
    11. Re:Why would it be a democracy? by adrianmonk · · Score: 2, Insightful
      AGain, you confiuse govenrnment and economic systems. Government is about how you enact laws. Economic systems is about who owns property and how its distributed. A democracy can very easily be a communism- they just have to vote to be one. In fact, its the most natural form of a communism, since in a communism everyone is supposed to have equal ownership- equal votes.

      True, in theory a communist country can also be democratic. But, in practice the allocation of resources is extremely labor-intensive. If private enterprise and private decision-making doesn't control that process, then the government must. Therefore, the government has to be extremely big and extremely powerful, and it has to have a recognized authority to intervene in the everyday affairs of every citizen's life in any matter that involves the allocation of resources. And the really huge problem with allocation of resources is that every decision is always very, very controversial, because someone always feels they are being given the short end of the stick. Since in a communist country, the government is making all these decisions, the government has to have the means to enforce its decisions even when they are bitterly opposed, which they will often be since the government is by definition taking from one group and giving to another (otherwise they wouldn't be involved).

      The result is that communist countries tend to move toward becoming totalitarian. Because the state has such a massive role in everything, its size and its power balloons out of control. And after a while they end up not being democracies. Yes, maybe it's possible for a communist country to be democratic and stay that way, but it just doesn't happen very often.

      Also, in my wn view there is a second effect, too: because communism necessarily means less individual freedom, it tends to only be a reasonable compromise for a country that has a relatively low standard of living. If most people in a country are living in serious poverty, they are willing to give up a lot to ensure that the resources are spread as fairly as possible. But once the standard of living improves and the typical person has a reasonably comfortable standard of living, the balance shifts and personal freedoms become more important since poverty is no longer a crisis. Once the country hits the point where unequal distribution of wealth is less of a problem than lack of personal freedoms, the government has to do one of two things: either it has to shrink and give up power and give the citizens more freedoms (which rarely happens) or it has to become even more authoritarian and clamp down on personal freedoms by any and all means necessary in order to enforce the status quo.

    12. Re:Why would it be a democracy? by RevAaron · · Score: 2, Insightful

      Is that OK in your communist democracy? Is that pricing and production level completely my choice as a free individual?

      That depends. Generally, the answer is "yes." Some socialists believe that profit is morally wrong. A lot of others believe that profit isn't morally wrong, but that it shouldn't be isolated within shareholders or owners, when its the employees who were responsible for producing that wealth. So, depending on who you ask, the pricing is your choice- but the idea is that no one would buy from you since you're gouging them, when from someone else they get a more reasonable price. Most socialists believe in economic democracy; so let's say you are an organization with 10 people- employee-owners. You would decide pricing together, through a vote, rather than one person asuming total control (a boss).

      There is no State in a communist society. I'm guessing that you're thinking that Big Brother State will tell you how much the Sno Cone should cost and how many you should make.

      --

      Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
  2. Wait wait wait... by Spy+der+Mann · · Score: 5, Funny

    does that mean that the GPL is *NOT* open source? (you can see but you can't touch)?

    But... I thought... GPL... open... *HEAD EXPLODES*

    1. Re:Wait wait wait... by Red+Alastor · · Score: 2, Interesting

      It's as open source as Red Hat. You are free to reuse the code but not the trademark. If you modify it, rename it.

      Beside, this non-democracy is exactly how it should be. People having a clue about law get together to write a legal bullet proof license. They will take comments from the community to improve it but there won't be any vote.

      It's the same way open source projects works. Do you think Linux is a democracy ?

      What keeps developers (and license writers) honest is that if they go too far, someone can fork.

      --
      Slashdot anagrams to "Sad Sloth"
    2. Re:Wait wait wait... by Trevahaha · · Score: 2, Informative
      I believe the GPL allows you to copy it only in whole, not sections. So technically, GPL doesn't allow you to take it and modify it for your own use... even if you rename it.
      Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
      Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
    3. Re:Wait wait wait... by Bruce+Perens · · Score: 4, Interesting
      The text of the GPL is constrained to be the same everywhere, so that we don't get a million GPL flavors that aren't compatible with each other and increase the combinatorial problem, as happened with the Mozilla licenses. There must be more than a dozen Mozilla license variants now. They breed like tribbles, and are just as annoying.

      Bruce

  3. Moglen is mistaken by Scareduck · · Score: 4, Insightful

    However, Moglen said Wednesday, speaking at the Open Source Business Conference here, the rewrite of the GPL is not an election and there will be no voting on its clauses. He couldn't be more wrong. If people don't like the rewrite, they won't use it.

    --

    Dog is my co-pilot.

    1. Re:Moglen is mistaken by epiphani · · Score: 5, Insightful
      My Problem:


        * This program is free software; you can redistribute it and/or modify
        * it under the terms of the GNU General Public License as published by
        * the Free Software Foundation; either version 1, or (at your option)
        * any later version.


      This is on my software. If I dont like GPL 3.0, and dont want my software distributed under it, I'm already screwed.
      --
      .
    2. Re:Moglen is mistaken by pe1rxq · · Score: 3, Insightful

      That would be voting about its use. No matter is nobody uses it it still won't affect the actual license.
      They do NOT get to vote on what is in the license.

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    3. Re:Moglen is mistaken by T-Ranger · · Score: 5, Insightful

      Well, then you should't have included the clause "or .. any later version". Pleanty of software is GLP 1 or 2, but lacks that clause. If you diddnt want to leav open the possibility that somehow a third party could screw you, then you shouldn't have included that clause.

      Sucks to be you

    4. Re:Moglen is mistaken by pe1rxq · · Score: 2, Interesting

      To make it easier to start using v3 when it is available.
      The problem is that you have to trust the FSF not to go nuts and do only good things with the next versions.
      You don't have to add that one line to your program though, you could just release it under one specific version. Only problem than is that when a new version comes out and it is good you and everyone who has contributed to it in the mean time would have to agree to the relicensing.

      Jeroen

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    5. Re:Moglen is mistaken by Krach42 · · Score: 3, Insightful

      No, this has been covered before by either Eben Moglen or ESR (I think that's the guy). That clause "v1 or later" protects you as well as your viewers. What this means is that someone can take your code and use it with v1, or v2, or v3. Any one that they want. You don't have to force a newer version on them unless you want to. (By updating the clause to say v3 or later.)

      Each version of the GPL won't take rights away from the original author (that's pretty much, literally impossible.) it just defines how the author designates that others can use it. In the case of saying "v1 or later" you let anyone use v1 of the license if they darn well so please.

      The only way someone is screwed with the clause "v1 or later" is, if they're not the original author, and they want to redistribute your software, and they are unable to comply with any version later than v1.

      In short, the author/copyright holder can never be "screwed" by a newer GPL license even if it does include the "or later version" part of the clause.

      --

      I am unamerican, and proud of it!
    6. Re:Moglen is mistaken by Trogre · · Score: 5, Insightful

      Each version of the GPL won't take rights away from the original author (that's pretty much, literally impossible.) it just defines how the author designates that others can use it. In the case of saying "v1 or later" you let anyone use v1 of the license if they darn well so please.

      Yes, but that choice is left up to the viewer if you specify "or later".

      This means that if the GPL review board goes insane and the GPL v3.0 does away with the "must provide source code" clauses, your program can suddenly be locked up in commercial software and any improvements made not given back to the community. You will be legally powerless to do anything about this since, even though you retain copyright, you have licenced the software for use with anything that calls itself "GPL", even if it's completely different to good old GPL 1.0.

      Is that really what you want? If so, why not just go for a BSD licence?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    7. Re:Moglen is mistaken by Bruce+Perens · · Score: 2, Interesting
      If there is one person I would trust with the best interests of software freedom, it would be RMS

      Yes. The only problem with that is that he's done a piss-poor job regarding the GFDL. There is an anti-DRM provision so vague that it doesn't allow you to store GFDL documents on systems with login security and file permissions. If you look into that, you find that RMS actually doesn't approve of login security, so that might even be deliberate. That's the license that applies to the entire Wikipedia, and those folks don't yet realize how messed up the license is.

      The most galling aspect has been RMS total unwillingness to come to the table with the Debian developers who wanted to work that out.

      Eben says Richard knows that GPL 3 is more important than GFDL, and that he'll behave.

      Bruce

  4. Rewrite Drive by foQ · · Score: 5, Funny

    When I saw this article I thought there was some new GPLed DVD R/W drive or something.

  5. Compatibility is key... by hagbard5235 · · Score: 3, Interesting

    It would be nice if a balance could be struck between the ideals of the GPL (which I don't oppose) and some other licenses. For example, it would be nice to see compatibility with the Eclipse Public License (which the FSF doesn't seem to think poorly of, it just happens to be incompatible). Please note, I'm *NOT* seeking an FSF sell out of their ideals here, I ascribe to them myself in my private Open Source contributions, but rather consideration of how not to have the GPL be an impediment to projects that don't violate those ideals, but happen to be using other licenses.

  6. Forced upgrade? by ecloud · · Score: 2, Insightful

    Is old software which simply states that it is released under the terms of the GPL construed to always be tracking the latest version? What if the author doesn't want to? I hope new releases will have to specifically state that they are using GPL 3.0?

    1. Re:Forced upgrade? by Dan-DAFC · · Score: 3, Informative

      The notice that you are supposed to attach to each file covered by the GPL (2.0) includes the following text:

      This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

      So you can choose to be bound by a later licence if you like, or stick with the version that you agreed to.

      --
      Suck figs.
  7. This thing needs to be SOLID. by dslauson · · Score: 5, Insightful

    Most of us here on slashdot have an opinion on what should be going on in the GPL, but obviously most of us are not lawyers. This is, without a doubt, a legal matter, and this thing needs to be airtight. I wouldn't want this thing to be a true democracy, but hopefully they will be willing to listen to a little input here and there.

  8. Damn sure there will be a vote by Anonymous Coward · · Score: 4, Informative

    This program is free software; you can redistribute it and/or
    modify it under the terms of the GNU General Public License
    as published by the Free Software Foundation; either version 2
    of the License, or (at your option) any later version.


    Everybody's free to leave that out when applying the license to a new program.

    1. Re:Damn sure there will be a vote by Stradenko · · Score: 2, Informative

      They would be unable to make a derivative work under a different license than you give.
      So, they've violated your license (since they aren't the copyright holders of your work) by distributing it under different terms than you originally described.

  9. Point by slavemowgli · · Score: 4, Insightful

    Well, he does have a point. Technical things like this should probably be written by experts on the subject matter rather than being decided by everyone who just happens to have an opinion after they read about it on Slashdot; and for that matter, nobody's being forced to use the license for anything, anyway.

    And if you don't like the new GPL... feel free to modify it to your liking. There's already a few pieces of software out there that use a modified GPL v2 (typically, these are projects that are GPL'ed but grant you special permission to link with this or that non-free library even though this would otherwise not be allowed by the GPL), so you could do the same thing here.

    And to those who'll reply now and tell me that I can't modify the GPL because the license as such is itself copyrighted to the FSF... I insist that that's irrelevant, as a license is not a creative work but rather a technical description of the terms the author offers you the software under.

    --
    quidquid latine dictum sit altum videtur.
    1. Re:Point by truedfx · · Score: 2, Informative

      And to those who'll reply now and tell me that I can't modify the GPL because the license as such is itself copyrighted to the FSF... I insist that that's irrelevant, as a license is not a creative work but rather a technical description of the terms the author offers you the software under.

      Whether you legally have the right to modify licenses by default is irrelevant, as it is explicitly permitted for the GPL.

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

  10. Unfortunately... by Sheetrock · · Score: 2, Interesting
    At this point, the GPL is mostly irrelevant to the Open Source movement. Once hailed as a means to safeguard the communal creation, exchange, and improvement of software, it's now being subverted by companies and individuals generating their own licenses loosely based on the GPL but permitting the commercial extension/closed-binary distribution of code for the right amount of money.

    By another token, Open Source is being used by companies as a way to get individuals to create code without compensating them. This unfairly competes with the American software industry, and exploits what was intended to be a reliable means of assuring access to code to effectively outsource a whole chunk of what used to be paying jobs -- thus stagnating the future creation of code.

    So hopefully the new (GNU?) GPL will address some of these concerns as well as the issues software patents create for the individual developer.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Unfortunately... by Vellmont · · Score: 2, Insightful


      At this point, the GPL is mostly irrelevant to the Open Source movement. Once hailed as a means to safeguard the communal creation, exchange, and improvement of software, it's now being subverted by companies and individuals generating their own licenses loosely based on the GPL but permitting the commercial extension/closed-binary distribution of code for the right amount of money.

      Huh? How does the existance and popularity of non-GPL licenses make the GPL irrelevant? There's an enourmous amount of very popular software in daily use licensed under the GPL that says that the GPL is far from irrelevant.

      By another token, Open Source is being used by companies as a way to get individuals to create code without compensating them. This unfairly competes with the American software industry, and exploits what was intended to be a reliable means of assuring access to code to effectively outsource a whole chunk of what used to be paying jobs -- thus stagnating the future creation of code.

      Nonsense. Making code freely available eliminates some work, but it also creates new work. If everyone isn't stuck re-inventing the wheel then there's more time for software to do larger, more complex jobs.

      --
      AccountKiller
    2. Re:Unfortunately... by Kjella · · Score: 2, Insightful

      (...) it's now being subverted by companies and individuals generating their own licenses loosely based on the GPL but permitting the commercial extension/closed-binary distribution of code for the right amount of money.

      So what? If someone releases something under a non-GPL license, does that lessen GPL code in any way? Closed-binary distribution is not GPL compatible, so they can not legally take advantage of any GPL code. Unless you are referring to dual-licensed product, which by virtue of being the copyright holder, they have every moral and legal right to because it's their own fricking work. Just because someone share their work under the GPL, shouldn't mean they have to share it under the GPL exclusively.

      By another token, Open Source is being used by companies as a way to get individuals to create code without compensating them. This unfairly competes with the American software industry, and exploits what was intended to be a reliable means of assuring access to code to effectively outsource a whole chunk of what used to be paying jobs

      Is anyone forcing OSS developers to do what they do? "used by" implies that they have some sort of control. You might also say that a volunteer tech forum is being used to get tech support without compensating them and is "stealing jobs" from support professionals. OSS is doing the same on a global scale. Each contributes a little and together and so we don't need to hire professionals (read: pay for commercial software made by professionals).

      I also get the impression you're trying to mix cards with American jobs going overseas, and open-source replacing commercial products. If they aren't compensated as you say, the jobs aren't "outsourced" because they don't appear anywhere else. They simply are no longer required, here or in India. Unfair? If you aren't able to deliver a product that has any value-add over what a bunch of hobbyist programmers can do in their spare time, well whose fault is that?

      Aren't you going to get pissed at Microsoft for actually moving things in the right direction when it comes to security (XP SP2 firewall was a huge plus)? I mean, improvements like that are sure to put tons of American jobs on the line. Microsoft is really unfairly competing with support people, providing for free what they rightfully should have paid $$$ at the local computer shop for.

      Note: The above post may contain sarcasm and irony. In the usual EULA style, I warn you about that after having read the comment ;)

      --
      Live today, because you never know what tomorrow brings
    3. Re:Unfortunately... by Software · · Score: 3, Insightful
      >it's now being subverted by companies and individuals generating their own licenses loosely based on the GPL but permitting the commercial extension/closed-binary distribution of code for the right amount of money.

      Huh? The GPL is not and has never been promulgated as the One True License. Licensing your work under other GPL and a zillion other licenses has always been permitted. If somebody wants your code but doesn't want the license that you've chosen for it, you can arrange some other license or tell him to pound sand. You have the copyright, you do what you want. There's no subverting of the GPL if it's not used. The rights and obligations under the GPL don't change - it's just that the other party doesn't want them, so you work something else out.

      >By another token, Open Source is being used by companies as a way to get individuals to create code without compensating them.

      Wrong. The creators have free will - the companies don't get them to write code without compensation.

      >This unfairly competes with the American software industry, and exploits ...

      How is this unfair? If a company can't provide value to the customer, then it doesn't deserve to exist. The closed-source software industry does not deserve protection from the open-source software industry. I fail to see how competition creates stagnation.

  11. No democracy? So what! by mc6809e · · Score: 5, Insightful

    This obsession people seem to have with democracy is silly. Do doctors and nurses in the operating room vote on how to proceed with an operation? Should pilots ask for a vote on how to land a plane?

    There are plenty of things democracy is good for, but sometimes you have to leave decisions in the hands of people more qualified than the average person.

    1. Re:No democracy? So what! by Kelson · · Score: 2, Insightful

      Yep. What matters most about democracy is that it makes explicit the tenet that the state governs by the consent of the governed. Either you make decisions as a group, or you collectively choose someone qualified to make decisions on your behalf.

      When it comes to societal issues, it makes sense for the society as a whole to come to a consensus. When it comes to something specific, like surgery or legal advice, you go find an expert. Anyone who expects the open source community to be able to vote on GPL provisions is overlooking some important issues:

      1. Who is eligible to vote? Everyone who has ever written an OSS program? Everyone who has ever used one? Everyone with an internet connection? Everyone on the planet?
      2. Software expertise does not translate into legal expertise.

      A smart client doesn't overrule his lawyer. If they disagree, he might discuss the issue. But he recognizes that his lawyer knows more about the law, or at least that field of law, than he does. And if the lawyer doesn't? Time to get another lawyer.

  12. Why would it be a democracy? by lheal · · Score: 2, Insightful

    I would accuse Moglen of putting forth a straw man argument about putting each clause up for a vote, but it's clear from the description that someone had suggested that. How stupid.

    I expect that the GPL3 will be looked over and hashed about by enough people. Hopefully it will be a fine license for the near future, and not just for the recent past.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
  13. Re:Possible damage to OSS by AuMatar · · Score: 3, Insightful

    Not really. It won't require you to give up your website code for using Apache, it will require you to release the code if you base yourself off of a GPLed piece of websoftware- for existance, one of the many GPLed CMSes. Thats the exact same case as someone who releases a piece of non-web software and uses GPLed code. It levels the playing field so you can't just use GPLed code without recontributing just because you're ont he web.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  14. Mod parent up by CaptainCarrot · · Score: 4, Insightful

    Exactly! This needs to be professionally written in such a way that it has a very good chance of standing up in court. To take a vote among a group of legally unqualified geeks will not help achieve this.

    --
    And the brethren went away edified.
    1. Re:Mod parent up by Kjella · · Score: 2, Insightful

      Exactly! This needs to be professionally written in such a way that it has a very good chance of standing up in court. To take a vote among a group of legally unqualified geeks will not help achieve this.

      No, in fact they're fairly orthogonal. When you want to make any form of agreement (except the "all your computers are belong to us" EULAs, which can be written purely by lawyers), you have negotiators and such working on what the agreement should contain, and then you send it over to legal for them to make it legally solid. The FSF are "selling" this to the community as the license people should use, and while I know they have their own agenda, not caring what the end-users of the license thinks is a lousy way to gather support.

      I don't mean the literal wording, but topics of interest and possibilities of handling them. Software patents. ASP models. Source terms (I think that all binary suppliers should be *required* to offer source with the binaries, but that the user can decline and retain the option of getting it later that he has today. No more playing games like e.g. the Linksys drivers, where source of the modified versions were almost impossible to get). There's many topics where there could be a legitimate discussion about how we would like to resolve this, without us being lawyers. It might be a good idea to have a lawyer screen it and only present feasible ideas, but a lawyer isn't there to tell you which one to choose.

      --
      Live today, because you never know what tomorrow brings
  15. There will be a different kind of vote. by Mr+Z · · Score: 3, Insightful

    People will vote with their feet. The review and editing process will mold and shape the final GPL v3. Then the voting begins as people pick their licenses going forwards. Either they'll pick GPL v3 or will stick to some other license.

    Voting won't change the contents of GPL v3 directly, but the fact that people will vote with their feet after it's released still means the broader community will have some impact. Either that, or FSF will demonstrate itself to be focused only on its own needs and interests, and so may alienate others. I don't think they've ever been too afraid of alienating others in the interest of maintaining ideological purity. So, it'll be interesting to see how effective the review and feedback process is, and how many people actually adopt GPL v3, and what impact that has on any follow-ons to GPL v3.

    --Joe

  16. Re: Possible damage to OSS by Black+Parrot · · Score: 2, Insightful

    > For the sake of truly free programming, we have to tear down the zealots speaking on our behalf.

    We wouldn't even be having this discussion if not for those zealots.

    --
    Sheesh, evil *and* a jerk. -- Jade
  17. In his quest to keep all things open... by Eric+Damron · · Score: 2, Interesting

    Moglen I think sometimes goes too far. Isn't he the one that feels that if a GPL'd program is used to _produce_ code that that code should be gpl'd also. I don't remember the details but I think it had something to do with companys using open source products to produce web sites that interact with the public.

    It seems to me that if we aren't careful we won't be able to use gcc or any other open source compilers to produce non-GPL'd code even if they are linked only to non-GPL'd libraries. Don't get me wrong, GPL'd code is great but Linux should be a platform that allows both open and closed source applications.

    --
    The race isn't always to the swift... but that's the way to bet!
  18. Why is this bad? by PhreakOfTime · · Score: 2, Informative

    Why is this presented as a netgative?

    This is how it works, voting!=good decisions. There are more than enough examples that just having the 'right' to vote is of no real benefit. Recent history being an example. The point is responsibility. Not 'rights'. Rights do not come free of charge, they come with responsibility. Simply because you are not accustomed to recognizing that responsibility and think its 'absence' is some sort of melevolant action, is quite frankly, naive.

    If you think you have something important to CONTRIBUTE to this license that is being developed, then get off your fat ass and make yourself heard. They are ASKING for you to do that if you simply read the statements of the organizers. But since nobody ever does... here it is; This will also be a very public and watched process and so we need those leaders in the community to step forward and play an important role. It is also rare that we get to see a license under development and to get involved in that process," she said.

    It just isnt possible that there is nobody competent enough on slashdot, who has editor status, who can write an article that presents the IMPORTANT parts of the story, and not the sensationalist parts...

    Im just guessing that the editor is american, because nobody else is so disconnected from the responsibilities that come with voting as americans seem to be.

  19. Seriously: I welcome our GNU GPL overlords by davidwr · · Score: 5, Insightful

    I for one welcome our GNU GPL overlords.

    No, seriously, they are smart people and I trust they will do a good job. In the unlikely event that I don't like what they've written I won't use it for my projects.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  20. Re:LOL IT'S SOCIALISM by Frodo+Crockett · · Score: 2, Funny

    ou created an account just for that comment? I really think you need to get a life.

    This is the future of Slashdot. Really, how many comments here are truly original? One man with a few dozen such accounts could replace 90% of posts on Slashdot!

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  21. You didn't describe democracy. by Spy+der+Mann · · Score: 2, Interesting

    You described demagogy. Here in Mexico City, governor wants to use polls for everything, so that the easily-manipulable people will vote in favor of whatever the government tells them. The same thing is done by Hugo Chavez. All decisions aren't taken by him, but by the uninformed / misinformed people.

    A true democracy, however, is about the people choosing someone who will take the decisions, whether the people like it or not. They chose him to take responsibility for his actions.

    And certainly I think that Richard Stallman would be the person I'd vote for. In any case, the experts are already deciding for us. And that's good.

    1. Re:You didn't describe democracy. by djp928 · · Score: 2, Informative

      Actually, you're the one not describing democracy. Democracy is one man, one vote, like old-style Athens. New England town meeting style government, where the whole town gets together to vote on matters is true democracy. What you're describing (and what the US currently has) is a representative republic. Republican government (as in the style of government, not the US political party) is where the people directly elect representatives to make all the decisions. It's basically democracy-by-proxy, except your particular proxy isn't always the one you would have liked to have had.

      -- Dave

  22. the Zealots are at ZDNet. by twitter · · Score: 3, Interesting
    This poster pointed to the original interview with RMS and detailed the mistakes in the Zdnet article:

    The proposed change would thwart removal of a button to download software that an author put in, not make a download button manditory. This interesting and mild idea is being considered carefully to avoid problems it might cause if abused by contributors.

    There's more, but it's not worth the trouble to detail. That last Slashdot story was just more BS from another Wintel rag.

    If you have a real objection to a real proposed change, let's hear it.

    --

    Friends don't help friends install M$ junk.

  23. Re:Possible damage to OSS by Krach42 · · Score: 2, Insightful

    Dude... the whole *idea* behind the GPL is an ideological war. If you want "truly free programming" go pick up BSD software, and leave the GPL alone. Until you do that, the only reason you *have* the GPL is because some zealots had the stones to think it up to enforce their zealotrous ideology.

    --

    I am unamerican, and proud of it!
  24. AGPL Fork by Doc+Ruby · · Score: 4, Insightful

    The democracy comes when people adopt the new license. I predict it will be draconian, specifying that people who merely interoperate with GPL3 SW will have to publish source code. Just leveraging the market share of GPL software to force other authors to go GPL, regardless of justice, fairness, or any other consideration than Moglen and Stallman's revolutionary fervor.

    Which is too bad. A sensible GPL3 that people would adopt would address interop by making only reasonable demands. Just as we got, in addition to GPL, an LGPL, we also need an AGPL for APIs and interfaces. Which require any app that interoperates with an AGPL app to open, publish and document its APIs, and carry the AGPL. That would make AGPL apps virally force developers to open interfaces. The denial of which openness is indefensible, except on the basis of programmers' rights to do anything we want, except when bound by agreement otherwise. API access is even more important than source code access, though it comes along with OSS (except for real, explicit documentation). And API access is the biggest drag on interop, where getting the rest of the source is usually just a bonus.

    There's nothing magic about Moglen. He's just the expert who wrote the last GPL(s). There's no reason we can't write a forked "GPL 3.0", which merely requires the AGPL I described, even using those GPLs as the original "source" from which to produce the new version. When it proves more popular than Moglen's GPL 3.0, democracy and open source will have conspired in the market for maximum freedom, as chosen by the free.

    --

    --
    make install -not war

  25. Not a democracy, but democratic enough. by gg3po · · Score: 2, Insightful

    It's not a democracy. It's more of a meritocracy. It isn't entirely without representation, however. The members of the FSF that will ultimately make the final decisions have gained their considerable power by the choice of the masses that use their software and licenses. RMS is nothing without the collective respect of the thousands (millions?) that use his code, licenses, and philosophy in their own projects. They are, in a sense, casting their vote for him -- recognizing his importance -- every time they type code in EMACS, compile with GCC, or slap a GPL on their latest release.

    If FSF were a government that had the means to force your use of their code and licenses, things would be different. All use of FSF and related projects is completely voluntary. No one forced these hoardes of end-users and developers to hold these individuals in high regard. They have chosen to do so based on their past merit. Because of this, if at any time the FSF were to violate that trust, it's power would evaporate overnight. The masses of FOSS enthusiasts from which they derive their power would throw their support behind another organization (fork?). There is nothing stopping them from doing so. This is why, although not a direct democracy, the FSF knows it must at the very least hear our opinions and take them into consideration or face irrelevancy.

    Regardless of all this, I'm rather tired of sound-bites proclaiming democracy as the end-all, be-all of government. Might (sheer numbers/popularity) does not make right. Democratic principles should be observed, but within certain agreed-upon limits -- the rule of law. A majority should not have the power to vote for enslaving a minority, for example. This is why the right to defend one's own liberty, and the rules of the game that permit that liberty -- the law, is so crucial. If a majority rises up with the purpose of oppressing my minority, I have to be prepared to enforce the rules, the limits -- ensure that they are adhered to -- as Malcolm X put it: "by any means necessary."

    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin
    "There was never a democracy yet that did not commit suicide." -- John Quincy Adams
    --
    ---
  26. Actually, Siberians love ice cream, even in winter by bcatanzaro · · Score: 3, Funny

    I lived for 2 years in Siberia and often bought ice cream from street vendors when it was below freezing. It makes life easier for the street vendors - they don't have to plug in their portable ice chests... =)

  27. So the two groups actually worked together? by lightspawn · · Score: 4, Funny

    On the advice of a few dozen people and a couple of lawyers, it was written and released.

    Wow, both people and lawyers...

  28. Free software by nuggz · · Score: 2, Insightful

    The GPL only has 1 restriction and that is that if you distribute the software the recipients get all the same rights you do.

    The ONLY thing you aren't permitted to do is give them less than you have, which isn't that bad because it wasn't your software to begin with.

    GPL is for people who want their free software to stay free, and not get embraced and extended by someone else.

  29. The fight is over the GPL3 *NAME* by aphor · · Score: 4, Interesting

    There are (for the purpose of this post) innumerable possible licenses out there. Only one of them will be called GPL3.0, but if you don't like the one arbitrarily named GPL3.0 you are perfectly free to use one of the others. Keep using GPL2.0, for instance. The democracy in the GPL3.0 is VOLUNTARY ADOPTION. This license will not be foisted on anyone.

    The real problem is that lots of people may dislike GPL3.0, and they will likely go with plan B, which may not be the same license as everyone else. Then we will all have to read the fine print again. Of course, upon rejection of the GPL3.0 license, these same dissenters can (and probably will) wish they had an acceptible GPL, which provides the perfect motivation for a GPL3.1 fork. We all have to choose between the LGPL and the GPL as things stand, because there was a bifurcation in the types of GPL software, their users and their respective licensing needs. It isn't clear whether this situation is more or less dangerous than the debate that led to the LGPL. The implied message is clear: "GPL3.0 may not be any good."

    The expression that GPL3.0 might be bad is meaningless because it doesn't exist yet. Communicating this to a mass audience is FUD. The purpose is to stir up demand for participation in the GPL3.0 drafting process, which will complicate it, and slow it down, and sacrifice the quality of the final product (even if only the timeliness). If there was real reason for concern, people would already be embroiled in an Internet wide debate on what needs to be fixed with the GPL. Maybe that is already happening, and it's just the people most qualified and or interested that are participating in the debate, at a quiet level compared to Slashdot controversy. If I wanted to derail those people, the best tool at my disposal is to try and discredit them and force them to spend their valuable time defending themselves and their work from angry mobs of mouth-breathers who refuse to Google the issue themselves.

    Here's a hint: if you ever get a feeling of righteous indignation, you're playing the victim, and you're ignoring your real opportunity to do something positive.

    --
    --- Nothing clever here: move along now...
    1. Re:The fight is over the GPL3 *NAME* by slumos · · Score: 4, Insightful

      > This license will not be foisted on anyone.

      Except for everybody who exactly followed the instructions in How to Apply These Terms to Your New Programs and used these terms:

      This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
  30. Re:But is it still GPL? by T-Ranger · · Score: 2, Interesting

    Read over COPYING in some GPLd package, it details out how to use the GPL and that this is allowed.

  31. Closing the Web Services Loophole in the GPL by bitspotter · · Score: 2, Informative

    A proposal that doesn't involve enforcing features.

  32. choice of licenses by bitspotter · · Score: 2, Insightful

    There's already a considerable freedom in choosing between versions of the license. When the FSF could publish multiple licenses to suit different tastes (stay with 2? use 3? your choice), I don't really see the need for "democracy". It's your software; you can write any license terms you want. GEE! developers often do! amazing!

  33. Democratic != Free by ghjm · · Score: 2, Insightful

    In a purely democratic society with no other guiding principles, your neighbors, customers, suppliers, etc., would vote on the price you should charge. You would then be obliged to follow that decision, regardless of whether you agree with it.

    In a purely capitalist society with no other guiding principles, you would be free to decide on any price you want, assuming you could actually make snow cones, which you couldn't, because the long-established snow cone cartel has restricted the supply of snow cone makers as a barrier to entry to preserve their monopoly.

    In a purely communist society with no other guiding principles, you would be assigned a snow cone maker and a production quota. Citizens would exchange food tokens for snow cones; no money would change hands.

    In a purely authoritarian society with no other guiding principles, you would steal a snow cone maker and set up for business, charging ruinous prices; however, you would give snow cones for free to members of the junta, so that (a) your theft of the snow cone maker would go uninvestigated, and (b) they would hopefully choose not to shoot you today.

    None of these situations are acceptable - certainly you would not describe any of these as "free." For a society to be free, there must be rule of law, and the laws must be set up in such a way as to prevent any of these extreme outcomes.

    -Graham

  34. Licensing the output of a program by Fujisawa+Sensei · · Score: 2, Interesting

    With the keep the button to output the sourcecode requirement RMS and the FSF are trying to license the output of their application. Especially since the HTML put out by a web application is the output. In addition they're removing freedoms as to how applications are used, something the FSF have stated many time that they are against.

    http://www.fsf.org/licensing/essays/free-sw.html/
    • The freedom to run the program, for any purpose (freedom 0).
    • The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
    • The freedom to redistribute copies so you can help your neighbor (freedom 2).
    • The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.
    • Attempts, and suggestions to restrict the way people change and use software, expecially the prosed get source functions, violate freedom 0.

      In addition the attempt to controll the output of the application, and changed application go against the GPL FAQ on Liscensing GPL output.

    http://www.fsf.org/licensing/licenses/gpl-faq.html #GPLOutput/

    Is there some way that I can GPL the output people get from use of my program? For example, if my program is used to develop hardware designs, can I require that these designs must be free?

    In general this is legally impossible; copyright law does not give you any say in the use of the output people make from their data using your program. If the user uses your program to enter or convert his own data, the copyright on the output belongs to him, not you. More generally, when a program translates its input into some other form, the copyright status of the output inherits that of the input it was generated from.

    So the only way you have a say in the use of the output is if substantial parts of the output are copied (more or less) from text in your program. For instance, part of the output of Bison (see above) would be covered by the GNU GPL, if we had not made an exception in this specific case.

    You could artificially make a program copy certain text into its output even if there is no technical reason to do so. But if that copied text serves no practical purpose, the user could simply delete that text from the output and use only the rest. Then he would not have to obey the conditions on redistribution of the copied text.

    Whatever the FSF decides to do with GPL-3 they need to stick to these principles.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.