First Draft of GPL Version 3 Released
njan writes "The first draft of version three of the GNU General Public License was released to the public this afternoon. Major improvements touted in version three include changes designed to mitigate the damage posed by new threats to free software such as software patents. One individual stated about the release: 'It is changes in law, not computer technology, that pose the principal challenges to the free software community. Chief among these changes has been the unwise and ill-considered application of patent law to software. Software patents threaten every free software project, just as they threaten proprietary software and custom software. Any program can be destroyed or crippled by a software patent belonging to someone who has no other connection to the program.'"
I think I will continue to stick with the MIT license. It has plain, easy to comprehend terms. It's concise.
I appreciate the effort the FSF is making, but things may be getting out of hand. I know of many developers who feel the same as I do. They just want to create software, without having to get bogged down with legalities. Thankfully, licenses like the BSD license and the MIT license work wonderfully well for us.
Cyric Zndovzny at your service.
why is it so difficult to read?
...will hold up legally, and how much of it is just hot air and rants?
"DRM is fundamentally incompatible with the purpose of the GPL, which is to protect users' freedom; therefore, the GPL ensures that the software it covers will neither be subject to, nor subject other works to, digital restrictions from which escape is forbidden." Sounds good and noble, but will it work?
I saw it on Slashdot, it must be true!
What keeps me from using the GPL is the "any later version" option. How do I know that GPL version 17 wont give every user of my software a right to come by my house for a free lunch? Or a car. You know, unless most significant software, everything in this world isn't free as in lunch. That holds for example for most lunches.
Swedish plasma phys. PhD student; MSc EE; knows maths, programming, electronics; finance interest; seeks opportunities
I'd be curious to see what an objective lawyer has to say about the enforceability of that clause. Being an "effective technological protection measure" seems like a matter that can't be waived, any more than my signing a stipulation that I wasn't born in August affects my birthday.
What I'm listening to now on Pandora...
The same reason that code is hard to read by non-programmers, or medical papers are hard to read by people without medical training. The law, like any field, needs precise language to communicate. Many words have special legal meanings that are subtly different from common speech (or not so subtle if language has diverged over time). This is necisarry for the same reason that you can't use plain english to write code - plain english leaves to much open for interpretation. When you write legal documents, you want the judge interpreting your document, should it ever go to court, to read it the way you intended it to be read. The best way to do this is to use the accepted legal terminology.
Because it's designed to be read in a text terminal, with source code
which is also generally (gasp) 80 columns.
I know some of you new Eclipse/Visual Studio DOT NET guys love 30000
character lines, and don't get me started on perl, but for the projects
I work on having long lines is a drawback. And has email REALLY improved
since the mid 90s? I force HTML to downconvert to text and strip all the
bullshit markup before it hits my inbox. No blinky pictures, no flash
graphics, no webbugs, no <FONT SIZE +5000><FONT COLOR=BLOOD RED>
<BOLD><UNDERLINE><ITALIC><BLINK><MARQUEE> tags.
Those of us with functioning braincells and an attention span greater then
a gnat miss the email of the 90s.
Well, it'll stop those fsckers at TiVo from using Linux in hardware devices that are locked down so you can't read the data or modify the software without serious hardware hacking.
GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
The new GPL have the following:
So patent law mixed with how I use the software, and privately at that. Can I use GPLv3 software in a company (it's not private, usually)? Can I modify it, but not distribute it outside the company? If I don't do this privately, but as a "corporate" person, then it's not private, so I can do what I want (of course not). This is just in the beginning of the new license, and it goes on and on and on and on etc.
Really, why not make a license that I don't need to be a lawyer to understand?
There is a proposal in it that would discourage or disable the use of GPL software for DRM, by stating that software under the new GPL cannot constitute an "effective technological protection measure". Thus it would always be possible for other programs to get at the same data without falling under the DMCA.
I read that a little differently. Because the license, picked by the original copyright holder, categorically states that it is not a technological protection measure, it can't be used in software that has the protections of the DMCA. This isn't so interesting.
However, when you remember that derivative works are similarly bound, you realise that the end effect is that any organisation who wishes to attack reverse-engineers with the DMCA is forbidden from building their copy protection on top of any GPL 3 software.
I don't think this is about opening things up, I think this is about giving companies an ultimatum - either give up on abusing the DMCA, or you can't have any of our source code.
The output from running it is covered by this License only if the output, given its content, constitutes a work based on the Program.
What in the world is that supposed to mean? Based on the source code of the program? Does inserting XML markup constitute a work based on the program, then? Because those tags were part of the program source code? This is really, really vague in a legally scary way.
I'm also a little bothered by the language that anything with a user interface must have an about box with copyright notice. What if the original didn't? Shouldn't it say that this information must be preserved, rather than saying that it must contain one? It's also a little troubling to think about how this could affect web services, since user interface isn't defined in a way so as to exclude it. This still doesn't explicitly clear up that issue.
Check out my sci-fi/humor trilogy at PatriotsBooks.
No; this draft includes specific language handling that case: "a code need not be included in cases where use of the work normally implies the user already has it." In other words, this only covers cases where you don't have the key, such as devices which check signatures on their firmware binaries.
No, this draft doesn't limit use in any way. The restrictions are when you want to distribute copies or use the software in derivative works. I quote from the draft:
Bogtha Bogtha Bogtha
Did you see any earlier versions of this thing? btw political is good.
My turnips listen for the soft cry of your love
No. In some rare instances, programs actually output part of themselves as part of normal operation. I think Bison is the canonical example. This is different to mere string literals that form part of the output.
Current versions of the GPL have the same thing in them. It's frustrating because it seems intended to assure the reader that output isn't restricted - in fact it cannot be restricted by copyright - it would be like Microsoft holding the copyright to anything created with Word. Unfortunately, there's a minority of programs that function in this odd way, so they have to be mentioned as an exception.
Bogtha Bogtha Bogtha
Except, ya know, that the license then goes on to say
As a special exception, the Complete Corresponding Source Code need
not include a particular subunit if (a) the identical subunit is
normally included as an adjunct in the distribution of either a major
essential component (kernel, window system, and so on) of the
operating system on which the executable runs or a compiler used to
produce the executable or an object code interpreter used to run it,
and (b) the subunit (aside from possible incidental extensions) serves
only to enable use of the work with that system component or compiler
or interpreter, or to implement a widely used or standard interface,
the implementation of which requires no patent license not already
generally available for software under this License.
How we know is more important than what we know.
It's muddled right now. First it says that any DRM applied is not the type of DRM protected by the DMCA. Then it says that what it means is that permission is granted for circumvention. That's not the same thing, though I think it should have statements indicating that the licensee is agreeing that any DRM is ineligible for protection and that alternatively, permission to circumvent it is given.
Of course, this doesn't help enough, IMO. Let's say that someone released a movie under the GPL, and that it was on DVD and encrypted with CSS. Even though everyone has permission to circumvent it under the GPL, and the author is stating that CSS -- as used there -- is unprotected, this doesn't help. Third party movie studios can still claim that CSS is effective, and that a tool used to decrypt CSS, being just as able to circumvent the DRM on their movies as on the GPL'ed movie, is unlawful under the trafficking provisions of the statute. Thus, by using a commonplace DRM system, even though a person is releasing a work under the GPL, the DRM is still effective in keeping people from circumventing it even though they have a right to do so.
Better for the GPL to simply deny licensees the right to use DRM of any kind on relevant works.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
> So "freedom for users" has now been redefined to "freedom for users, except for one group of users that we don't like". I'm curious to see who the second group is going to be...
That "one group" you're talking about are not those who use the software, but those who redistribute it or modifications to it. And they only freedom they lose is that of taking away freedom of those who merely use the software.
I, for one, will not miss my freedom to enslave if it is lost.
Captcha: unrest
Here it is again: THAT'S PRECISELY THE POINT! Don't you think people who put their code under the BSD license know it?
The license is liberal because:
-- Sig down
The DMCA is evil evil evil. Don't get me wrong there.
But...
Doing this in a "Free Software" license is just fucking stupid. Yet one more reason to use a BSD style license.
Clearly the GPL is becoming a "free if we like what you are doing and you are in step with our agenda" license.
Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
True, but consider this example. You want to join a club. Their membership contract states that members of this club cannot have been born in August. You can't sign the contract and then say that you are a member of the club, and therefore your birthday is no longer in August. The fact that your birthday is in August would prevent you from joining the club, and thus from recieving any of the advantages that membership brings.
This is the same thing. If the software you wrote is an "effective technological protection measure", then you cannot release it under the GPL. Furthermore, this implies that you cannot link against any other software released under the GPL.
If you were to attempt to use GPL software (say an encryption library) to create a DRM package, you would be in violation of the GPL. At that point, you would be forced to stop using the encryption library in your package, and could be liable for damages.
At least that is the way I read it on first glance.
Joe Llywelyn Griffith Blakesley
[This post is in the public domain (copyright-free) unless otherwise stated]
You are wrong. Contracts can be unilateral. One party binds themself to a promise to perform or to refrain from performing in exchange for performance.
See Bilateral vs. Unilateral Contracts
I don't understand why people on Slashdot insist upon arguing with a lawyer about the law. Do you challenge NBA basketball players to slam dunk contests as well?
I think you're misunderstanding me.
Let us say that Alice makes a DVD encrypted with CSS. Bob makes a different DVD encrypted with CSS, and which is licensed under the GPL. Carol makes and distributes copies of DeCSS. And Dave wants to use Bob's work pursuant to the GPL.
Dave can circumvent CSS in order to decrypt Bob's DVD, per the GPL. He can arguably even make a tool (such as DeCSS) in order to do so, provided that he keeps it to himself. But Carol cannot make or distribute versions of DeCSS because Alice will sue her (and win). This means that if Dave is unable to make his own DeCSS, the fact that he is legally allowed to circumvent CSS is moot because he cannot do so as a practical matter.
Therefore, I suggest that the GPL state that works covered by the GPL may not be DRM'ed at all. This doesn't extend to all the works Bob has made or will make, which is where you seem to have gotten confused. Bob would be free to make one DVD with CSS which is not under the GPL, and free to make another DVD under the GPL, but without CSS.
Since it's not safe to assume that Dave will be able to meaningfully take advantage of his rights under the GPL, vis-a-vis DRM'ed works, I think the appropriate thing to do is to make sure that the GPL and DRM are exclusive of one another.
This also means that if Dave makes his own version of Bob's DVD, he could not add DRM to it (which might block Bob as well as other users).
Fundamentally, I think that allowing GPL'ed works to be DRM'ed is contrary to the goals of the GPL.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
And I'm saying that if you have GPL'ed DRM'ed software, then it might as well not be GPL'ed because people who use the same DRM and not the GPL will sue people who take advantage of their rights under the GPL.
It's better to avoid the problem and ensure that GPL'ed software is honestly free by not allowing it to be DRM'ed at all.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
Nah, it's basically an admission. I don't think it's dubious in that respect, since non-effectiveness will be treated as a fact from the get-go.
My concern is that I don't think this part of the GPL will actually work. I think it will backfire in that people can take GPL'ed software, apply DRM to it (or their modifications of it) and effectively prevent anyone from making future modifications to it despite the fact that it is GPL'ed.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
We'd all be better off if Microsoft took even more code from open source projects. Why is that? Because it could very well increase the quality of their products.
How does that directly affect you, you may ask? Well, first of all it may reduce the number of Windows-based PCs that can be compromised, and used to send the spam that clogs up your mail servers or your inbox.
Second of all, it may lead to the adoptation of open source developed software and open standards. This allows for better interoperability between Windows and non-Windows systems. For those of us running massive heterogenous networks, anything that eases interaction between different systems is a blessing.
Cyric Zndovzny at your service.
Interesting that in the rationale, they decided against taking action to close the web services/remote execution loophole.
It's doubly interesting that, while they made some changes to combat DRM, they said nothing at all about Trusted/Treacherous Computing, which is the foundational layer enabling most modern DRM.
I think that's good, because I believe you can use the latter to combat the former, just by leveraging existing terms in GPLv2, combined with the public's natural interest in retaining privacy.
I don't know if I see it that way. (hang on for typical /. car analogy) If the law says automobiles must have 5MPH bumpers, Ford can't just hand you a piece of paper that says "You agree that this is not an automobile". Either it is or it ain't, legally.
Better would have been "You agree to waive enforcement of your rights to use this software as an effective technological protection measure".
I do agree this does nothing against trusted-boot DRM systems, like Tivo, where the enforcement is entirely outside the GPL software.
Whenever I hear the word 'Innovation', I reach for my pistol.
Not necessarily.
GNU Privacy Guard source is available but you'd have a hell of a time decrypting a message without the private key and passphrase. Truly usable DRM (i.e, the best of the evilest) would be perfectly save if the source is public. The keys would be the important thing. Then all you need is hardware that is Trusted(TM).
Fellowship 9/11
It also potentially opens the door a little wider towarsd OSS license proliferation. At this rate: I fear there will ultimately be just as many OSS licenses as major OSS software projects.
I don't know if I see it that way. (hang on for typical /. car analogy) If the law says automobiles must have 5MPH bumpers, Ford can't just hand you a piece of paper that says "You agree that this is not an automobile". Either it is or it ain't, legally.
It's a little different.
Parties in a suit can stipulate as to various facts. This means that they agree, and therefore the court doesn't have to look into that fact. For example, if you sell me a car, and I sue over some defect that causes me injury, we might stipulate that some parts of the car are not involved, or are in their original condition. The case would then be restricted to just those areas that we are in disagreement over.
This would work the same way. A copyright holder can't sue for circumvention unless they claim that there is an effective TPM. If they've already stipulated that there isn't, it shuts them down right there.
It's not really equivalent to your analogy, since there's no requirement that works are encumbered with DRM or that it is effective. It's not like a regulation for safety purposes or something where there is an interest in protecting customers from themselves (if they agreed that they wanted to buy an unsafe car).
In any event, I'm sticking by my guns in that I think that the GPL should be totally exclusive of DRM. They're not reconcilable, and frankly, the latter should be wiped out. There is not a middle ground or acceptable compromise, IMO.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
Does someone mind explaining to me the deal with GPL and linking? AFAIK, you can only link GPL'd programs to GPL'd programs.
But what is the inherent difference between linking and communicating with a program in another manner?
If my code communicates with a GPL program via tcp/ip, or via function calls the only logical difference i can see is speed?
When I write my program and my program is dynamically linked, I have no control over which libraries it will be linked against. If it links against a GPL'd library, do I have to make my program GPL? What if I developed it with a GPL'd library, but it can link against a corresponding proprietary library? How about if I linked against a proprietary library, the only copy of this library being my own, and everyone else links against a GPL'd library; does my application need to be GPL'd? Is it up to the user to check that none of his proprietary programs link against GPL'd libraries?