Slashdot Mirror


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."

29 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 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.
    2. 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?
  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 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.

      --
      Secure messaging: http://quickmsg.vreeken.net/
    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 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!
    5. 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
  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. 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.

  7. 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.

  8. 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.
  9. 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.

  10. 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.
  11. 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?
  12. 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.
  13. 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

  14. 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.
  15. 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.

  16. 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.

  17. 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

  18. 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... =)

  19. 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...

  20. 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.