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Guidelines for GPLv3 Process Released

Justin Baugh writes "The Free Software Foundation and the Software Freedom Law Center have released a document detailing the guidelines and the process that will be used for revising the GNU GPL, and have launched a new website related to the V3 process. It was announced in a press release this morning that the FSF will be releasing the first discussion draft of the new license for comments at the International Public Conference for GPLv3 at MIT on January 16 and 17, 2006."

27 of 147 comments (clear)

  1. New Clause by Anonymous Coward · · Score: 2, Funny

    Little-discussed new clause in GPLv3:

    "Every program licensed under this license must contain the phrase 'Micro$oft sux0rs!!!1' somewhere in the source code and/or documentation."

    1. Re:New Clause by maxwell+demon · · Score: 2, Insightful

      If you consider the license text to be part of the documentation, that requirement would at the same time be its own fulfillment :-)

      --
      The Tao of math: The numbers you can count are not the real numbers.
  2. Still a bit wary of one element of the GPL by GauteL · · Score: 3, Insightful

    .. namely the one in which you grant permission for your software to be distributed according to any future version of the GPL. I do know you are not required to include this clause, but both decisions can have consequences.

    Without it, it can be hard for the licensing to adapt to new requirements if not all the copyright owners can be found.

    With it, you are at the mercy of the Free Software Foundation, when it comes to new versions of the GPL. I trust the FSF completely not to have any hidden motives, but it still might be that a future version of the GPL does not suit you.

    A clause of "NAME OF FOUNDER OF PROJECT is free to upgrade this license to any future version of the GPL at his/her discretion" might be a better idea. This way, you CAN switch to new versions of the GPL even though you have thousands of contributors each with individual copyright on bits of the code, but you can also refuse to license the software under a future version of the GPL if it is not in your interest.

    1. Re:Still a bit wary of one element of the GPL by Ckwop · · Score: 4, Interesting

      A clause of "NAME OF FOUNDER OF PROJECT is free to upgrade this license to any future version of the GPL at his/her discretion" might be a better idea. This way, you CAN switch to new versions of the GPL even though you have thousands of contributors each with individual copyright on bits of the code, but you can also refuse to license the software under a future version of the GPL if it is not in your interest.

      This doesn't work. Suppose I fork your project. Now I am the project leader for my fork. Should I be allowed to relicense everyone elses under any GPL version because I forked?

      This is actually worse than the existing clause because that means I can relicense your code to any GPL version instead of just later versions.

      I actually question why we need a GPL V3 in the first place. The current GPL works perfectly well and I don't see any reason to bother using the new license at all.

      Simon

    2. Re:Still a bit wary of one element of the GPL by Rakshasa+Taisab · · Score: 4, Informative

      Some people seem to think that clause allows the FSF to release a license that subverts the original ideal behind the GPL. But the new license must be similar in spirit to the current version according to section 9 of the license.

      --
      - These characters were randomly selected.
    3. Re:Still a bit wary of one element of the GPL by Tim+C · · Score: 5, Interesting

      While I don't doubt what you say, and don't suppose for a moment that the FSF would ever go rogue, here's a little thought experiment - would it be possible to slightly alter section 9, perhaps over a number of revisions of the GPL, such that eventually the wording allowed for wholesale changes to the licence? As long as each revision is itself similar in spirit, they should be okay, and of course with each passing revision the amount of similarity required would drop.

      Not saying they'd ever do this, just wondering if it would be possible.

    4. Re:Still a bit wary of one element of the GPL by Kjella · · Score: 3, Insightful

      A clause of "NAME OF FOUNDER OF PROJECT is free to upgrade this license to any future version of the GPL at his/her discretion" might be a better idea. This way, you CAN switch to new versions of the GPL even though you have thousands of contributors each with individual copyright on bits of the code, but you can also refuse to license the software under a future version of the GPL if it is not in your interest.

      Not to get overly philsophical, but did my patch join your program, or did your program join my patch? Copyright considers it a derivative work of both, and the concept of a "founder" doesn't exist in the legal sense. Every time you took a piece of code from another project, you would have to ask them to relicense it to acknowledge you as the founder. In many cases it makes no sense at all, because an application and a library wouldn't have any reason to recognize each other as founders. You would have to end up with an LGPLish upgrade clause in the GPL, which would be a total mess. Also, one of the fundamental freedoms of the GPL is to fork the code, and the initial founder may not at all represent the current developers of the code. If you want that kind of control, make it one of the requirements for contributing. Basicly, instead of assigning copyright, just assign a limited right to release under future GPL versions (which you could also do today with GPLv2, but I don't know of anyone that does). I think that the same people who distrust FSF the will also distrust your project, and retain all relicensing rights for their own judgement so I don't think it would work if you tried.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Still a bit wary of one element of the GPL by Anonymous Coward · · Score: 2, Interesting

      But what happens when someone combines code from two GPL projects, one with the license upgrade rights held by Linus Torvalds, another with the same rights held by Steve Ballmer? What if you have code with 172 different license upgraders, each with rights to some parts of the code? Maybe everyone is still using GPL v2 when you start, but years later one guy upgrades all his code to GPL v3, and another to GPL v4. Now you've got a mix of GPL versions 2, 3 and 4, and maybe they aren't all quite compatible...

    6. Re:Still a bit wary of one element of the GPL by T-Ranger · · Score: 2, Insightful

      While interesting, you would have to have a bunch of clauses in how that right can (and eventually, in the case of death, must) be transfered to a different individual, or orginaztion.

      This would complicate the GPL, potentialy making it no longer international in nature. At the very least it would make it more difficult to understand for "normal people" which is, I think, a quality of the current revision(s).

      It is more-or-less this scenario that explains why some projects (usualy those sponsored by a commercial entity which also makes a closed version (Hula/Novell comes to mind)), requires transfer of copyright to that project, rather then just submsion of code under the GPL. In other words this problem can be (and frequently is) solved outside of the GPL proper.

    7. Re:Still a bit wary of one element of the GPL by burndive · · Score: 2, Insightful

      If I add to your GPL'd code to improve the product, and release my modifications back to your branch of the product, I still own the copyright to what I wrote. You can't change the lisence for my code because you aren't the copyright holder, even if it has very little meaning outside the context of your project.

      That's what this whole discussion is about: the best way to implement an upgradable lisence structure without requiring every single contributor's involvment.

      If the lisence to the code states that it can be released under any future GPL, then you don't need my further consent to update the lisence, but that requires quite a bit of faith in whoever controls the GPL in the future.

      --
      ...because "hacker" sounds way sexier than "code drone."
  3. Do no harm? by guysmilee · · Score: 2, Interesting

    Can some one explain the "Do no harm" bit? I am hoping it means GPL'd software can't be used in a weapon ... but i admit i just skim read ...

    1. Re:Do no harm? by FuzzyDaddy · · Score: 4, Informative

      No, it doesn't mean GPL'd software can't be used in a weapon. It means avoiding unintended consequences that might stifle the freedom of free software development. You'd still be free to make a Linux controlled guided missile.

      --
      It's not wasting time, I'm educating myself.
    2. Re:Do no harm? by Tim+C · · Score: 2, Informative

      No, it means that you need to provide the source code to the possesor of the weapon. I don't get the source to Linux just because the website I visit is running on a machine runing a Linux distro...

  4. oooops... by hummassa · · Score: 4, Interesting

    1. There is no clause obligating GPL licensers to license a work under the GPL version X "or any subsequent versions". As a matter of fact, most of the Linux kernel is licensed under the GPL v2 ONLY; arguably, as most of linux is a derivative work of the initial GPL v2 ONLY Torvalds job, they have to abide to the terms of the GPL v2.

    2. It's a matter of trusting the FSF (which I don't (*)) or trusting [INSERT PERSON HERE]; my proposal is simpler: Trust the LAW. It's the only thing that (much like a computer) will do exactly as told to (and, much like a computer, you may be saying different from what you mean).

    So, my suggestions will be (I'm signing in right now):

    1. keep all rights given by the GPLv2, so GPLv3 will be compatible;
    2. eliminate the "nonexistent linking clause", by:
        2.1. stating what is NOT TO BE CONSIDERED a derivative work;
        2.2. leaving all other definitions to the law.
    3. don't try to mess with patents or trademarks because this would be incompatible with #1.
    4. don't try to mess with choice of law or choice or venue because this would be incompatible with #1 AND non-free.
    5. change the language so it's more comprehensible and leave no ambiguity behind.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:oooops... by Misch · · Score: 2, Interesting

      Are you going to explain the asterisk in your statement It's a matter of trusting the FSF (which I don't (*)), or are you going to be like a certain credit card company that I've dealt with... (changing terms from "90 Days Same As Cash" to "90 Days Same As Cash*")

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  5. Re:GPL vs CDDL, MPL, BSD by grumbel · · Score: 2, Informative

    CDDL, MPL, BSD, etc. are not variations of the GPL, some of them are libraries which have more or less the same sprit, but they are still completly different licenses.

  6. Re:Who would of thought by LiquidCoooled · · Score: 5, Insightful

    The GPL is not giving your code away for free.

    The GPL is a license to ensure that your code and other code built using it remains open and usable by others.

    Just giving the code away for free would allow an evil company to take somebodies hard work and lock it up in an exe shell with a squad of lawyers protecting the source.

    Public Domain is noble but not wise.

    --
    liqbase :: faster than paper
  7. Re:GPL vs CDDL, MPL, BSD by Kjella · · Score: 3, Informative

    Also, in the spirit of freedom, efficiency and 'less government' shouldn't the main goal of editing the GPL be reducing the word count and removing all lawyer speek (if there was any)?

    RTFL before you speak of things you do not know. The GPL is extremely brief, and extremely free of legal mumbo-jumbo. Believe it or not, a bit on the skimpy side at times. Not to mention it's a license you can read once, and know what it says a thousand times. Try comparing it to any commercial license, and I don't mean just the infamous MS EULAs. I mean to every license ever touched by a company lawyer. And if you had read the other licenses as well, you'd see they are quite different both from each other and from the GPL...

    --
    Live today, because you never know what tomorrow brings
  8. Re:Stupid question... by n0dalus · · Score: 2, Informative
    What would stop me from purchasing a copy of the software for sale, change a byte or two, call it derivate work, and sell it for a lower price? Sorry forr n00bness here, but I've never seen a good answer for this one.

    Maybe you haven't seen a good answer because you haven't read the GPL FAQ?

    • If I distribute GPL'd software for a fee, am I required to also make it available to the public without a charge?
      No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.
  9. Re:Increasingly Irrelevant by frankm_slashdot · · Score: 2, Insightful

    its a world of choice - if you have that much of a problem with gpl then dont use it. just because you dont like it doesnt mean others shouldnt be freely allowed to use it if they like. natural selection will sort it all out in the end - who are you to play god?

    the future isnt about narrowing down our choices to only one style of license - its about broadening them. to some companies, real - money driven - licenses make sense. others it doesnt. you'll be ok. i promise.

  10. Tell me why oh why? by mu22le · · Score: 2, Interesting

    What's wrong with version 2?
    Why do we need v3?
    Expecially since a lot of people seem scared by what could come out this time.

    1. Re:Tell me why oh why? by Antique+Geekmeister · · Score: 4, Informative

      We need version 3 because a lot of commercial developers are wary of the version 2 license: cleaning up some of the language and making very clear what it means for the future, along with some minor concessions for wary developers, can encourage them to use the software and participate in its development.

      We see this now with Novell and their evolution client, and we've seen copyright vagaries with X-windows, SSH, Kerberos, and other technologies in the past. Good clear language with weird exceptions addressed carefully is the hallmark of OSS.

    2. Re:Tell me why oh why? by GigsVT · · Score: 2, Informative

      Version 2 leaves significant ambiguity with regard to applications used over a network. If I install fooForums that is GPL, and I modify it then put it on my website, am I distributing a modified GPL work? I'm sure distributing parts of it (the HTML etc). Right now it's not clear if the person modifying the app has any obligation to distribute source.

      One of the possibilities for GPLv3 is a clause that would allow authors of network based server side applications to include links in the app to download source, that could not be removed legally under the GPL.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  11. Re:Stupid question... by squiggleslash · · Score: 5, Informative
    Stallman explicitly states that he things that open source should be sold for money.
    Well, two nit-picks. One is that RMS probably wouldn't use the word "should". ie there's no obligation to sell free software, he just believes people should have the right, legally and morally, to do so.

    The second is that RMS doesn't use the term "open source" to describe "free software". Both are, in practice, loaded terms. Free Software is associated with an ideology RMS himself identifies (and is identified) with strongly. It has baggage in terms of being associated with the right to modify and/or redistribute software you've been given. By comparison, Open Source has baggage too - it's generally associated with the superiority of a development model where anyone can contribute, and the movement to sell this development model to businesses and other professional software developers in the hope it'll encourage the creation of free software. You may feel (and a lot of people would agree with you) that this is a trivial distinction when both, ultimately, refer to software that can be freely modified and redistributed, but RMS is as interested in the baggage as he is the destination, and as such he would distance himself from any comment implying any view of "open source" and what it should be.

    What would stop me from purchasing a copy of the software for sale, change a byte or two, call it derivate work, and sell it for a lower price?
    Nothing. In fact, you wouldn't even need to modify it. And some people actually fund the development of their Free Software projects by selling copies of their programs with licenses even more liberal than RMS proposes, and do so successfully. OpenBSD uses CD sales as one of a range of funding sources, with grants and gifts from concerned parties who want OpenBSD to provide them with the features they need to be developed. This is actually something the Free Software Foundation used to do with GNU, they'd sell tapes for several hundred dollars containing the latest versions. With the Internet, that became less useful (and not worth several hundred dollars to most people), but for a time it was a good source of funding.
    --
    You are not alone. This is not normal. None of this is normal.
  12. Re:Stupid question... by meringuoid · · Score: 4, Insightful
    A video game is a prime example. It takes a long time to write a good game but you can only sell it for $35-$50. You could make the game engine open source and still be blessed by RMS. RMS for some reason things that it is fine for the "content" of a video game not be open source. I have no idea why he feels that way.

    RMS is a hacker. RMS thinks the innovative 3D engine in Quake is really cool, and wants to be able to play around with it to see what else he can make it do. He wants to create new things based on Quake: I recall, once the source was released, there was a mod that made Quake into a flight sim, another that gave you a warped fish-eye view, there was ttyQuake which was just deeply wrong, there were ports of Quake to every machine that would sit still long enough...

    But RMS doesn't give a damn about the levels iD happened to provide along with Quake - why should he? To a hacker, they're irrelevant. Suppose Microsoft were to say 'right, you can have the code to the Windows kernel, NTFS, SMB, the Word and Excel file formats, all under GPL. But the fonts, sound effects and wallpapers, those we're keeping.' Well, who cares? We can create our own fonts and wallpapers, dammit...

    --
    Real Daleks don't climb stairs - they level the building.
  13. Re:Stupid question... by trollable · · Score: 2, Insightful

    My company is developing some software that we will release as OSS. I doubt that we will use GPLv.3.

    Depends if you can wait 'til Spring 2007 ;)

    I think it goes too far.

    How far? There is not even a public draft. Do you mean GPLv2?

    And I don't like that the FSF can change it anytime in the future.

    They can't. Once the text is out, it is definitive.

  14. Sorry about that ... by hummassa · · Score: 2, Interesting

    (*) MHO:
    1. I respect RMS for his role in setting in motion the Free Software movement.
    2. (corollary) I respect RMS for his role in starting GCC (which I use) and EMACS (which I don't use).
    3. I respect the FSF and RMS for their roles in furthering the cause of Free software.
    4. I don't trust the FSF and RMS to know that sometimes even well-intentioned people do things contrary to their own beliefs.
    5. (corollary) The GFDL is non-free and sucks. Freedom should be equally applicable to all kinds of software: programs, libraries and other content types.
    6. (corollary) The whole "GPL forbids (dyn)linking with GPL-incompatible works" party line is an outrageous lie, and it sucks. And, even if it seems to boost the FS movement (GPL'd Qt! Hey!) I think it does more harm than good.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048