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GPL 3 As Bonfire of the Vanities

morganew writes "Jonathan Zuck has written a CNET Op-ed stating that the GPL 3 is about returning the flock to the faith, and is reminiscent of Savonarola's 'Bonfire of the Vanities', urging true believers to burn things that took their eyes off God. From Article: 'The commercial humanists such as Lawrence Lessig with his Creative Commons initiative have turned away from the Old Testament, and the GPL 3.0 license is a call to the faithful to reject these vanities'. Given the reaction by Linus Torvalds and nearly all the OSS business community to the GPL 3, are we going to see a break in the church?"

426 comments

  1. Full Disclosure by gowen · · Score: 5, Informative

    When reading any socio-political article, be sure you know who the author works for.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:Full Disclosure by danielk1982 · · Score: 0

      When reading any socio-political article, be sure you know who the author works for.

      Why? Do his arguments not stand on their own? Or do we have to throw some "Ad Hominem" at him?

    2. Re:Full Disclosure by Anonymous Coward · · Score: 0

      yes we do

    3. Re:Full Disclosure by gowen · · Score: 4, Insightful
      Or do we have to throw some "Ad Hominem" at him?
      It's not ad hominem to point out that someone may have been paid to hold a certain opinion, any more than it's ad hominem to point out that the White House press secretary's statements may be phrased in such a way to reflect well on the President.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    4. Re:Full Disclosure by danielk1982 · · Score: 2, Insightful

      It's not ad hominem to point out that someone may have been paid to hold a certain opinion

      Actually, thats exactly what it is.

      Does it matter if he got paid for his opinion?

    5. Re:Full Disclosure by Anonymous Coward · · Score: 0

      When reading any socio-political article, be sure you know who the author works for.

      So that it can be dismissed out of hand without any critical evaluation of the content?

      This reminds me of the TCO articles that occasionally show up. Anything that shows Linux as having a higher TCO was attacked by attacking the source. Anything showing Linux in more positive light than Microsoft was accepted without question.

    6. Re:Full Disclosure by Anonymous Coward · · Score: 0

      That is such a mind numbingly stupid question it makes my head hurt just reading it. If I spend any more time looking at it, I am afraid my eyes may start to bleed.

    7. Re:Full Disclosure by Chmarr · · Score: 5, Insightful

      Yes, it does matter, because *I* want to know *WHO* is making the opinion, and what agenda might be satisfied by publishing the opinion. This way, I can decide which elements I can reasonably trust on faith, and which elements may have ulterior motives for pomulgating.

    8. Re:Full Disclosure by gowen · · Score: 5, Insightful
      Does it matter if he got paid for his opinion?
      Of course it bloody matters.

      It doesn't necessarily invalidate his opinion (and I never said it did -- that would be argument ad hominem) but it should cast a certain amount of doubt as to whether he reached those opinions through research, or is just parroting his employers opinions.

      Who would you trust more : a NASA scientist who warned you about global warning, or an Exxon scientist who told you that global warming was a myth? Why?

      Tell me : if you were on trial, would you like the witnesses against you to have been paid by the prosecution?
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    9. Re:Full Disclosure by qwijibo · · Score: 0, Flamebait

      You believe so strongly that you've developed a stigmata in your eyes?

    10. Re:Full Disclosure by Luscious868 · · Score: 1

      Amen, brother. Amen....

    11. Re:Full Disclosure by Doctor+Faustus · · Score: 4, Insightful

      It's not ad hominem to point out that someone may have been paid to hold a certain opinion
      Just so long as you're not going on to say that what that person's saying should be ignored because of it. He could still be right, even if he's saying something in his employer's best interest.

      Besides, in this case, he appears to be arguing against something that would benefit Microsoft.

    12. Re:Full Disclosure by Anonymous Coward · · Score: 0

      yes it does matter. thats why its an ethical violation for a lawyer to do exactly this. and lawyers are slime, but in this case they have more ethics than journalists.

    13. Re:Full Disclosure by gowen · · Score: 1
      Just so long as you're not going on to say that what that person's saying should be ignored because of it.
      Bingo. Thank you very much.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    14. Re:Full Disclosure by danielk1982 · · Score: 1

      Who would you trust more : a NASA scientist who warned you about global warning, or an Exxon scientist who told you that global warming was a myth?

      In a strictly logical sense you would have to evaluate each argument on its own merits. Given that not everyone has that capability, a safe choice is the NASA scientist (although the safe choice doesn't imply right choice). But this is moot anyway, the post is an op-ed which does not require any research or any great knowledge to evaluate. You can believe it to be valid or invalid, thats your choice. What you can't do is simply dismiss it (or try to cast doubt on it) because the editor might or might not be paid by Microsoft and then claim that you're not committing an Ad Hominem fallacy. You are.

    15. Re:Full Disclosure by oliverthered · · Score: 1

      And on /. too so he must be a virgin, quick phone the pope and tell him God has created the virgin Mary in the image of a man.

      --
      thank God the internet isn't a human right.
    16. Re:Full Disclosure by Anonymous Coward · · Score: 1, Insightful

      Are you so critical when you read an article that espouses the benefits of open source? Do you want to dig and find what agenda might be satisfied in that case? Or with blind faith trust that it has no ulterior motives?

      In other words are you a hypocrite?

      Are you any better than an American conservative who dismisses CNN and the New York Times and believes everything that is on Fox News?

      Of course I'm wrong, there is no such thing as open source/linux zealotry.

    17. Re:Full Disclosure by HardCase · · Score: 2, Funny

      Why? Do his arguments not stand on their own? Or do we have to throw some "Ad Hominem" at him?

      Grain of salt, baby...grain of salt.

    18. Re:Full Disclosure by snwcrash · · Score: 1

      Most people who publish articles are paid for their opinion, so that isn't what matters. It's important to know if there is a bias to his opinion based on the organization he works for. Since the organization we works for is generally pro-IP laws, anti-OSS, then we should read his opinion critically for a lack of objectivity.

      I thought the article spent way too much time discussing middle-age religion and trying to link that with modern day diffences over licensing. I honestly don't think anyone else belives that there is a crisis of OSS faith out there. Just because someone chooses to use an non-GPL license like Creative Commons doesn't mean they are opposed to people using GPL, they have only found a license that works better for their situation.

      --
      Save a life, sign your organ donor card.
    19. Re:Full Disclosure by gowen · · Score: 1
      What you can't do is simply dismiss it (or try to cast doubt on it)
      I didn't dismiss it, and I didn't cast doubt on it. Hell, I didn't even read it.

      I did provide additional, accurate information. And its never a bad idea to consider the source.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    20. Re:Full Disclosure by ClosedSource · · Score: 0, Troll

      Don't trust anything on faith, use reasoning.

    21. Re:Full Disclosure by guitaristx · · Score: 1

      It's not Ad Hominem when the person's employment dictates an ulterior motive; e.g. the information about the person is no longer irrelevant. The person making the argument is important in this case, because there clearly is an agenda for him to push. Ad Hominem only applies to irrelevant information about the person.

      --
      I pity the foo that isn't metasyntactic
    22. Re:Full Disclosure by Oracle+of+Bandwidth · · Score: 1

      Don't you mean stigmatism? //Squirrly Wrath

    23. Re:Full Disclosure by maxwell+demon · · Score: 1

      Well, it helps you to weight the arguments. If someone who has reason to argue in a certain bias, or has done so before, suddenly starts to argue in another one, this has far more significance than if he argues in the expected bias.

      For example, say that one day Richard M. Stallman would say he found out the Free Software model sucks. Then you'd surely pay much more attention to it than if Bill Gates said it, right? That's because RMS is clearly not expected to do so, therefore something very strong must have happened. That can be one of two things: Either he got somehow compromised (simple example, someone pointed a gun to his head and demanded he said it), or there was a very convincing reason for him to change his mind (in which case you certainly want to pay close attention to his argumentation, to see if it convinces you as well).

      Also, remember that people seldom say something just to say it. Most often they say something in order to achieve something. And knowing what they might want to achieve helps you to value their statements as well: Statemets which are not helpful for such a goal need not be checked too much, it's likely they are right (even more so, if they go in the opposite direction). Statements which are helpful for their goals are to be seen more critical.

      For example, say a movie maker tells you that he considers his latest movie (soon to be in the cinemas) to be the best he ever made, it might be that he just wants to get more people to go to the movie. So you most likely give less value to it than the same statement from some alledgedly independent source who has no advantage from telling you this. OTOH should the movie maker tell you that the movie is not as good as his previous one, it's something you'll likely believe: Why should he say so, if it isn't true?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    24. Re:Full Disclosure by Austerity+Empowers · · Score: 3, Insightful

      You can't read the article and not wonder who paid for it, although it does say so at the bottom. It is propoganda intended to divide, not a reasoned argument on a controversial topic. His article compares all open source to some extremist cult, and holds Stallman out as the leader of the next inquisition against common sense, with even such revolutionaries as Torvald's saying "he's gone too far". There is no argument, very few facts, and a whole lot of bizarre analogy. Who he works for is perhaps more important than what he says. Clearly he's having a problem and wishes to divide and conquer. Knowing that, we can now realize that there is no war between the GPLv2 and GPLv3. I think Linus himself said while the GPLv3 isn't for him, and isn't for his kernel, it has value on other applications (he gave examples, I don't recall what). That's actually a rational position for anyone who wants to write software and keep it free. Licenses are tools, choose the best tool for your job.

    25. Re:Full Disclosure by Jon+Luckey · · Score: 1
      Why? Do his arguments not stand on their own? Or do we have to throw some "Ad Hominem" at him?

      No, arguments do not stand on their own when some important context is left out.

      Its not that "Ad Hominem" has been thrown, but that "Cui Bono" has.

      --
      -- 3 events that reshaped the world in the 20th century: WW1, WW2, and WWW
    26. Re:Full Disclosure by aichpvee · · Score: 2, Insightful

      CNN and The New York Times aren't that different from fox news. In fact, I'd say they're a whole lot worse since often they put out the same kinds of messages (or even repeat the fox news message) but are somehow afforded a credibility that fox news isn't since fox has wide-spread acceptance that fox is a biased, lying right-wing mouth piece. Which isn't to say that fox news doesn't deserve every bit of the bad reputation that they've got, but these other mega "news" corporations aren't any better and are worse for the lie that they are.

      --
      The Farewell Tour II
    27. Re:Full Disclosure by littlem · · Score: 1
      When reading any socio-political article, be sure you know who the author works for.
      In fairness, this is made clear at the bottom of the article in the mini-biography.
    28. Re:Full Disclosure by danielk1982 · · Score: 1

      "Cui Bono" is a form of Ad Hominem. =)

    29. Re:Full Disclosure by TheCRAIGGERS · · Score: 1

      Reasoning, common sense, and (back then) faith all told us the earth was flat.

      Reasoning requires knowledge of the subject. Pointing out the speaker's possible motives should only be used to prompt listeners to look between the lines, and do their own research instead of relying on what the speaker is saying... even if what the the speaker is saying might sound reasonable.

    30. Re:Full Disclosure by DrSkwid · · Score: 1

      When was this "back then" of which you speak ?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    31. Re:Full Disclosure by SydShamino · · Score: 1

      Besides, in this case, he appears to be arguing against something that would benefit Microsoft.

      I think any time you start using religious parallels to describe the open source movement, you are hurting that movement in the eyes of business.

      --
      It doesn't hurt to be nice.
    32. Re:Full Disclosure by Fahrenheit+450 · · Score: 1

      Reasoning, common sense, and (back then) faith all told us the earth was flat.

      No. Common sense may have told us the Earth was flat (or flat with bumpy things all over it), but reasoning by guys like Aristotle and Eratosthenes (and probably many others whose names have been lost to time) was able to convince them and others that the Earth was round and to estimate its circumference.

      Reasonable people have believed the Earth to be round for millennia.

      I see what you're saying here, of course. That you need some external framework to reason about new information. And I have no real beef with that. I'm just in a persnickety mood and your flat Earth comment bugged me.

      So there.

      --
      -30-
    33. Re:Full Disclosure by phantomfive · · Score: 2, Insightful

      Does it matter if he got paid for his opinion?

      Yes it does, because after reading the article, I was wondering who would have such an idiotic opinion. Now I know. I viewed his post as an informative post, not a rebuttal to an argument.

      Seriously, the GPL v3 isn't a radical leap from v2. It is cleaner (although harder to read), and more compatible with other open source licences. The only thing remotely controversial is that if you release GPL'ed code for a certain platform, you have to make it possible for someone to modify your code and run it on that platform. Makes sense to me, and this guy doesn't know what he is talking about. "Bonfire of vanities" my foot.

      --
      Qxe4
    34. Re:Full Disclosure by Anonymous Coward · · Score: 0

      What arguments? Incoherent pseudo-intellectual shit-throwing that only shows signs of being "constructed" rather than being a random collection of nouns/verbs because it manages to somehow use the right words to get into the press and get attention.

      Come back when he has an argument to deal with.

    35. Re:Full Disclosure by ultranova · · Score: 1

      Don't trust anything on faith, use reasoning.

      Who's facts are you going to trust to be valid starting points for reasoning ?

      That's why this is so bloody important, actually: he who controls information rules the world. Be as reasonable as you like, if someone can control what ideas and data you see, then he can control your thoughts. Information, rather than oil or bird flu or tidal waves, is the weak point of humanity; DRM threatens to cut the free flow of information which is the secret behind the success of western societies, and thus will inevitably make them crumble under the tide of corruption if ever enabled.

      If DRM becomes mandatory, then chaotic evil Islamist fanatics, lawfull evil Chinese fascist-communists and neutral evil corporate overlords will have won, since you'll be in chains.

      Hmm... Islamists = Tanar'ri, Chinese communists = Baatezu, and corporate overlords = Yugoloths ?-) Axis of evil, D&D style...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    36. Re:Full Disclosure by Petrushka · · Score: 1
      Thank you. This is the most intelligent and informative comment that has so far been posted to this article.

      (... apart from getting "e.g." and "i.e." mixed up, which I wouldn't mention except that it caused me to have difficulty comprehending your intention for a moment.)

    37. Re:Full Disclosure by jbolden · · Score: 1

      Why? Do his arguments not stand on their own? Or do we have to throw some "Ad Hominem" at him?

      What argument:

      A is kind of like B in a few but not most respects
      When B occurred C happened
      therefore D (which has is kind of like C in some respects) will happen

      No that argument doesn't stand on its own.

    38. Re:Full Disclosure by danielk1982 · · Score: 1

      So the answer is "We don't have to throw "Ad Hominem" arguments against him"

    39. Re:Full Disclosure by guitaristx · · Score: 1

      getting "e.g." and "i.e." mixed up

      You're right; I should've known better.

      /me hangs head in shame ****

      --
      I pity the foo that isn't metasyntactic
    40. Re:Full Disclosure by Anonymous Coward · · Score: 0

      No need to reply, just wanted to say that I've never seen such a firestorm of rage on Slashdot over someone pointing out a simple fact and a '... with a grain of salt' advice thrown in.

      (Puts on hat with antenae to facilitate mind control)

      Hmm, makes me wonder about THEIR motives.

    41. Re:Full Disclosure by Anonymous Coward · · Score: 0
      What you can't do is simply dismiss it (or try to cast doubt on it) because the editor might or might not be paid by Microsoft and then claim that you're not committing an Ad Hominem fallacy.
      But you can dissmis the editor himself, it's not his opinion.
    42. Re:Full Disclosure by Kihaji · · Score: 1

      You mean like looking at the short bio section at the end of the article where it states that MS is a member of ACT?
      Did you read the article?

    43. Re:Full Disclosure by WoodstockJeff · · Score: 0, Troll
      This way, I can decide which elements I can reasonably trust on faith, and which elements may have ulterior motives for pomulgating.

      Sounds to me that the reason is that you can decide whether to reject the opinion outright because of your prejudice for or against the employer, or if you're going to have to bother coming up with a reasoned argument against it.

      It really doesn't matter who has the opinion, if it is based upon verifiable evidence. If you don't like the opinion, show where it deviates from the evidence, and *poof*, it disappears in a puff of logic. If you can not show that, then you might want to reconsider your opposition to it.

    44. Re:Full Disclosure by WoodstockJeff · · Score: 1, Flamebait
      I think any time you start using religious parallels to describe the open source movement, you are hurting that movement in the eyes of business.

      Then you need to keep RMS out of the picture. And some others. Because FOSS has any number of people who do treat it as a religious experience and calling. RMS is "chief evangelist" for his vision of software. Lessig has his vision. Others have different visions, or different degrees of the same vision. And all think the others are working against the greater good, because they "miss the point" of the "perfect vision".

      The fact that GPL requires a lawyer to describe what you can and can not do with software is scary enough for businesses. "If we compile our proprietary software with gcc, do we now have to distribute the source?" "If we include the GPL'd drivers for the left-handed USB Framis, are we compelled to release our source, or just the driver's source code?" Businesses do not like confusion. The government gives us all that we can stand, so adding in an obscure, vision-inspired license doesn't make us comfortable.

    45. Re:Full Disclosure by Anonymous Coward · · Score: 0
      When reading any socio-political article, be sure you know who the author works for.


      This is also true of the sources you use to check up on others. Unfortunately there have been plenty of examples of biased or simply false information in wikipedia, as well.

    46. Re:Full Disclosure by jedidiah · · Score: 1

      Popycock!

      The Ancient Greeks knew that the world was round.

      Even the crew of the Pinta knew that the world was round. They just disagreed on HOW FAR AROUND it was round. They were scared of running out of food, not of falling off the edge of the world.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    47. Re:Full Disclosure by SydShamino · · Score: 1

      Then you need to keep RMS out of the picture.

      Yes, RMS scares off business. But he doesn't care, because he doesn't believe in open source for the business reasons.

      In this case, a Microsoft-paid columnist is further hyping these religious ideas. Thus, no matter how the words are framed, the feeling taken from the article is one of open source software being wrong for a business environment.

      --
      It doesn't hurt to be nice.
    48. Re:Full Disclosure by Anonymous Coward · · Score: 0

      Or do we have to throw some "Ad Hominem" at him?

      It's not ad hominem to point out that someone may have been paid to hold a certain opinion, any more than it's ad hominem to point out that the White House press secretary's statements may be phrased in such a way to reflect well on the President.


      It IS ad hominem if your first concern is "Who said it?" instead of "Is it true?"

      If it is true, then it doesn't matter who said it -- unless of course, "truth" isn't the #1 concern. That's why I immediately distrust anyone whose first reaction pertains to who said it, funded it etc....

      The same goes for anyone who tries to justify this first by downgrading the statement(s) in question to mere "opinion" status regardless of whether they make verifiable/falsifiable factual claims, or whether evidence is offered.

      After all, aren't the facts what we are supposed to be looking for, first and foremost?

      (posting as AC because of course I know full well that the "church of FOSS" metaphor is just too apt here on Slashdot...)

    49. Re:Full Disclosure by civilizedINTENSITY · · Score: 1

      Well yeah, CNN and The New York Times are credible. Fox News isn't. The entertainment value of Fox News is one thing, but no one credible (that I know of) thinks Fox News is really about news (so much as molding public opinion.)

    50. Re:Full Disclosure by Zeinfeld · · Score: 0, Flamebait
      It's not ad-hominem to point out that someone may have been paid to hold a certain opinion

      That's not quite it. Literally the argument is 'X argues Y, X is a bad person, therefore Y is false.'

      That is not quite the same as saying 'argues Y, X is a bad person, therefore we cannot conclude the truthfulness of Y on this evidence alone'.

      In this particular case there is plenty of independent evidence to suggest that GPL3 is likely to mark a fracture between the 'Free software' movement and the 'Open source' movement.

      Where the article gets it wrong is the implication that GPL3 marks a major revision of the viral nature of the GPL. That has been there since day one, if you don't understand that GPL is viral then you have not been listening to RMS. He has made it clear on numerous occasions that his intent in framing the GPL was to poison the well. It is less clear that he actually succeeded in achieving that goal.

      Having been harangued by RMS in person on this point for some considerable time over our decision to put the CERN Web libraries, intellectual property etc. into the public domain rather than attempt a more restrictive license I can assure you that preventing commercial exploitation of any kind is one of his goals. At the time RMS was refusing to even use the Web, in part because we refused to pay homage to his precious ideals.

      What GPL3 is likely to become though is the point at which folk in the open source movement realize 1) quite how radical the politics behind GPL are, 2) that they do not need to jump to attention because RMS demands that they should, 3) less restrictive licenses such as Apache and BSD may well fit their objectives better.

      I certainly think that the open source movement can do a lot better if it has the courage to insist on its own ideals rather than allow itself to be dictated to. In particular license terms for open software should themselves be the result of an open and collaborative consultation process.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    51. Re:Full Disclosure by Anonymous Coward · · Score: 0

      CNN and the New York Times aren't credible. Because they're less overt about selling us out to the corrupt economic elite in this country doesn't make them credible. I don't seem to remember fox news sitting on an illegal wiretapping story until a year after it would really have made any difference. Though it's totally possible that they did and just didn't feel the need to release it.

      But CNN and NYT have cheerleaded us into one bush distaster after another while failing miserably in their responsibility to their readers and their country. These aren't anywhere near credible organizations.

      Sort of like Dick "Dick" Santorum and Joe Lieberman. Lieberman is the worse of the two, even though Santorum is far more nuts. But at least Santorum doesn't lie and say he's a not a republican. He's at least honest about being a complete douche bag.

      If you think cnn, the new york times, the washington post, nbc, cbs, abc any of these fuckers has any credibility left you're fucking insane. Period.

    52. Re:Full Disclosure by julesh · · Score: 1

      The fact that GPL requires a lawyer to describe what you can and can not do with software is scary enough for businesses. "If we compile our proprietary software with gcc, do we now have to distribute the source?"

      You should check that with other compilers, too. The last commercial compiler I bought (a version of Borland C++) came with a list of exclusions to the license that meant any given project may or may not be legal to distribute in binary form if compiled by it, depending on what kind of software it was. I forget the details, but I recall that "operating environments" (which could have described what I was developing at the time) were not permitted, and I think anything that competed with a Borland product may have been excluded.

      GCC's fairly simple: all you need to do is read the licences in question (there are two, the one for GCC itself, which is traditional GPL, and one for 'glibc', which is GPL plus an exception to the requirement to license any product linked with it under the GPL) to realise that the answer to your question is no. Anyone reasonably well educated can do it. Certainly any experienced and competent IT manager ought to be able to.

      "If we include the GPL'd drivers for the left-handed USB Framis, are we compelled to release our source, or just the driver's source code?"

      A slightly more complex question, but it's still reasonably simple to answer. Read the license. It outlines cases where this is necessary in very clear (although admittedly technical) terms. Also note, most businesses would probably ask a lawyer to check the license terms on any product that they purchased the right to use like this anyway.

      Businesses do not like confusion. The government gives us all that we can stand, so adding in an obscure, vision-inspired license doesn't make us comfortable.

      I think the only way you can describe the GPL as obscure is if you haven't read it. The GPL v2 is very easy to read, and the GPL v3 draft is even easier.

      Compare it with other organisations redistribution licenses, e.g. the Microsoft .NET framework EULA, or the even harder to understand Intel Performance Primitives Library EULA.

    53. Re:Full Disclosure by hritcu · · Score: 1

      Don't need to. Knowing that is published by CNet is enough to stop reading the f****g article.

      --
      If you don't fail at least 90 percent of the time, you're not aiming high enough. (Alan Kay)
    54. Re:Full Disclosure by TheCRAIGGERS · · Score: 1

      Well, I guess "reasonable people" is a hard term to nail down. Sure, if you asked an educated person like Aristotle, they would probably tell your the Earth was round. Ask a uneducated person the same question, and they would likely have said it was flat. While Aristotle reasoned it out with math, the uneducated person could be said to have reasoned it out with his or her senses. One is wrong, but in my opinion, both used reasoning in their answer.

      Yes, you got my main point mostly right. I was just saying that you need knowledge to use reason... the problem is, it is difficult (if not impossible) to know if your knowledge is correct or not.

    55. Re:Full Disclosure by bill_mcgonigle · · Score: 1

      Who would you trust more : a NASA scientist who warned you about global warning, or an Exxon scientist who told you that global warming was a myth? Why?

      The interesting question is, "Who would you trust more: an Exxon scientist who warned you about global warning, or a NASA scientist who told you that global warming was a myth? Why?".

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  2. Huh? by Moby+Cock · · Score: 4, Funny

    a break in the church?

    I thought it was a Bazaar.

    1. Re:Huh? by linzeal · · Score: 1

      Why can't we make one that more resembles a bar or a library or a whorehouse. These are a few of my favorite things, and they were pry combined at some point in the victorian age. We should build a time machine before we go all fancying up the GPL.

    2. Re:Huh? by drKorb · · Score: 1

      It is and the main idea is to have choice, GPL 3 is another _option_ and some people have to accept that they have another one. it is an option, good one, the one somebody put a lot of effort in. Ok, it does not bring a pizza but nobody said we have to use it. cheers drKorb

      --
      Software is like sex partner-loved or pay.Choose between passion and ignorance,openess and bugs,trust and corporate trus
    3. Re:Huh? by mezron · · Score: 1

      If you hang out here on /. enough it starts to look like some bizarre kind of church ;)

    4. Re:Huh? by Anonymous Coward · · Score: 0

      You're right. It is bizarre to see church (organized religion) mistaken for faith (GPLv2/GPLv3) where anyone is free to contribute, and be heard. I see lots of software projects that are trying very hard to be anti-bazaar. (Novell's SuSE*, Apple's XNU kernel for IA32/x86) They have lost the faith, and fly in the face of their user/dev communities.

      * Google for the JFS removal from the installer, and the project admin's excuse, er reasoning why it would stay removed. Note all of the user community discussion afterward where they're shocked, and hurt by this edict.

  3. Well... by j0nkatz · · Score: 3, Funny

    I like Microsoft so I must be going to hell in a handbasket.

    --
    Don't mod me, bro'!!!!
    1. Re:Well... by Anonymous Coward · · Score: 0

      Hum... Actually, you ARE !

    2. Re:Well... by Anonymous Coward · · Score: 0

      If you use MS products, you are already there.

  4. Are we going to see a break in the church? by Anonymous Coward · · Score: 5, Funny

    GPL 3: "I've created OSS Lutherans!"

    1. Re:Are we going to see a break in the church? by hotdiggitydawg · · Score: 1

      Wake me when they stop picking on the BSD Amish then.

    2. Re:Are we going to see a break in the church? by SquadBoy · · Score: 1

      No you have it all wrong. Us BSD types are superior beings from the future sent to lead you away from the path of doom and horror being inflicted on you by the evil GNU reptillians. We will lead you to a golden age when code matters and politics doesn't. Join us now.

      --

      Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
    3. Re:Are we going to see a break in the church? by Anonymous Coward · · Score: 0

      And we Public Domain types -- aspects of The Universal Overmind from the double future -- patiently await the time when ego and selfishness are no longer a factor in the release and dissemination of creative works, thereby nullifying all grounds for the existence of copyright itself and hence licensing in any form. :)

    4. Re:Are we going to see a break in the church? by Anonymous Coward · · Score: 0

      Finally, someone to bring a hot dish to LUG meetings.

    5. Re:Are we going to see a break in the church? by ClamIAm · · Score: 1

      So if I'm really a Lutheran, what does GPL3 make me?

    6. Re:Are we going to see a break in the church? by a.d.trick · · Score: 1

      No, I think what is more likely is that the Western FLOSS movement will descide that it is more important, because it is there -- in the halls of MIT and Berkely -- that the movement started. They will give their leader, Richard Stalman, is thus more important than any other leader. The Eastern hackers (Europe) will not be happy with this because it is contrary to hacker ideal of a meritocracy. At some point, Stallman will add a word in the GPL. The Eastern Free Software people will cry out, saying that changes to a licence must be aproved by the community and that Stallman does not have that autority, they start calling themselves Othodox because they are pure to their hacker ethics. The Westerners will lash back calling the Schismatics, they will refer to themselves as the Catholics (catholic means 'universal') because they 'know' they are the real hackers. At some point Stallman will excommunicate the Eastern movement calling them "capitalist pigs" and the Europeans will do the same with the hackers in the west.

      There's a one paragraph summary of church history from 500-1100 AD for you.

  5. It's technology, for Pete's sakes by Anonymous Coward · · Score: 4, Insightful

    Why is it that with every new or good thing someone should come, make a "cause" out of it, preferably a religion or something equally mindless, based on faith and not reason, and then wave banners of the newfound dogma in our faces while stuffing his proverbial coffers with capital.

    I say its technology, and any selfrighteous sermonizing jackass that wants to make religious wars based on it can go and do it with himself, for all I care.

    1. Re:It's technology, for Pete's sakes by Anonymous Coward · · Score: 2, Insightful

      My Atari's better than your Mattelvision. My Spectrum's better than your C64. My ST's better than your Amiga. My SNES is better than your Megadrive (or Genesis, if you prefer). My PC's better than your Mac. My Linux is better than your Windows. I guess humans have an innate need to champion something to the detriment of its rivals. People like to feel superior.

    2. Re:It's technology, for Pete's sakes by Andy_R · · Score: 3, Insightful

      I'd say it's social engineering, or possibly economics, not technology. There isn't much in the GPL that could not be applied to computing 30 years ago, or collaborative text authorship 100 years ago.

      The GPL issue is possibly the first really large-scale one that the computer geek community has to address that is not simply technology-led, it's led by ideology and/or conscience.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    3. Re:It's technology, for Pete's sakes by openfrog · · Score: 2

      I say its technology, and any selfrighteous sermonizing jackass that wants to make religious wars based on it can go and do it with himself, for all I care.

      Dear Anonymous Coward,

      This line of arguments "this is just technology, for god's sake" does not impress me one minute. The guys building defensive forts/castles on waterways and extorting levies could have said the same thing, this is just technology. It is when technology is used as a mean of control on how people live that it begins to require serious attention and yes, there will be differing views on how to respond, so debates like this one or actually in this case, slander from astroturfers throwing one for their sponsors.

    4. Re:It's technology, for Pete's sakes by Doctor+Faustus · · Score: 0

      A cause is a good motivator. I think Stallman's mostly off-base (using Windows doesn't affect my freedom to see Linux source code, nor would using Linux give me the freedom to see Windows source code), but his cause motivated him and some other people to put GNU together, making Linux feasible.

    5. Re:It's technology, for Pete's sakes by rthille · · Score: 1

      Not only that, but since I've already made an investment in the technology, if I can convince other people that it's better than other tech, they are more likely to invest in it, leading to more people working to improve and support it. That helps protect my investment.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    6. Re:It's technology, for Pete's sakes by drKorb · · Score: 1

      I guess humans have an innate need to champion something to the detriment of its rivals.

      No they don't. They... uhm... we need something that will make it clear that we... uhmm... sorry mates... I do have the most massive equipment just after whales. It is not about technology...

      --
      Software is like sex partner-loved or pay.Choose between passion and ignorance,openess and bugs,trust and corporate trus
    7. Re:It's technology, for Pete's sakes by Anonymous Coward · · Score: 0
      My Spectrum's better than your C64.

      LIES! C64 rocks your face and you know it.

    8. Re:It's technology, for Pete's sakes by oyenstikker · · Score: 1

      I wish they would take this out of their FAQ:

      To release a non-free program is always ethically tainted. . .

      They're calling something unethical in all cases with no explanation. Sounds like religious fanatacism to me.

      link to the quote:http://www.gnu.org/licenses/gpl-faq.html#Rel easeUnderGPLAndNF

      --
      The masses are the crack whores of religion.
    9. Re:It's technology, for Pete's sakes by VanessaDannenberg · · Score: 1

      Great, now the yearly USENET C64 vs. Spectrum flamewar has finally migrated to Slashdot. Is nothing sacred anymore? :-)

      --
      Karma: I don't care too much, but it's 0.0% (mostly due to lack of interest)
    10. Re:It's technology, for Pete's sakes by lisaparratt · · Score: 1

      Yearly? I thought each years had started blurring into each other, creating the longest running flamewar ever?

      Admittedly, it has been a few years since I roamed those haunts...

  6. Did anyone else read this as... by Anonymous Coward · · Score: 0

    GPL 3 As Bonfire of the Vampires?

    1. Re:Did anyone else read this as... by Rakshasa+Taisab · · Score: 1

      Blind as a bat, ne?

      --
      - These characters were randomly selected.
  7. Wow by endrue · · Score: 4, Insightful

    That has got to be the most strangled and embarrasing analogy I have ever heard. It makes me feel all dirty - like I'm in some kind of cult. Lighten up!

    --
    I meta-moderate because I care.
    1. Re:Wow by HoosierPeschke · · Score: 1

      ...can't "lighten up" because the night time is the right time...

      --
      Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
    2. Re:Wow by Anonymous Coward · · Score: 0

      Linux folks do act like they are in a cult - the whole us against them attitude, the paranoia...it amazes me! Penquinistas!

    3. Re:Wow by replicant108 · · Score: 1

      It makes me feel all dirty - like I'm in some kind of cult.

      Perhaps that is the purpose of the article?

      One almost wonders what the author's motivations are...

    4. Re:Wow by tpgp · · Score: 2, Informative
      Yup - Mr Zuck is the one with religious fervour.

      Consider this quote of his:
      ZUCK: Sure. ACT is an IT industry trade association based in Washington, D.C. It represents mostly small- and medium-sized information technology companies and their interests in Washington. So, we lobby on their behalf to prevent over-regulation of the industry; we fight both here and abroad for intellectual property protection;
      Errr right, fight against over-regulation.... with ip regulation?

      He also shows no understanding of the issues
      selectively chosen one format (Adobe's PDF) that has some IP associated with (it) and said, 'That's OK, but this one (Microsoft Office) isn't.'
      Uh huh - thanks Jonathon, you do understand that anyone can (and plenty do) implement PDF royalty free don't you.

      Conclusion - don't feel dirty, Zuck is the misinformed zealot, Stallman looks positively calm & reasonable in comparison.
      --
      My pics.
    5. Re:Wow by Anonymous Coward · · Score: 0

      It's funny that he would use a religious analogy too.

      Stallman is an atheist.

      Political zealotry is more analogous.

      I agree with Stallman about most everything except religion.

    6. Re:Wow by amliebsch · · Score: 2, Informative

      You can implement Microsoft Office XML formats royalty-free too.

      --
      If you don't know where you are going, you will wind up somewhere else.
    7. Re:Wow by greenrd · · Score: 1
      Well, true, but there are strings attached. Most importantly, you aren't allowed to license your work under the GPL, according to the specification's "EULA". (Copyright law doesn't allow you to restrict implementations of specifications, so presumably MS are attempting to use patents to do this. Patents are stronger than contracts, because contracts obviously don't apply to a non-party, but patents apply to everyone in a country, whether they have agreed to some bogus "EULA" or not.)

    8. Re:Wow by Arandir · · Score: 1

      GNU is a cult. Nothing makes sense until you understand that fact.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    9. Re:Wow by amliebsch · · Score: 1

      Link, please? I don't think you are correct.
      MS FAQ

      --
      If you don't know where you are going, you will wind up somewhere else.
    10. Re:Wow by Knuckles · · Score: 1

      Unless your software is Free. And you are talking about the Office 2007 formats, due to be out in 6 - 12 months. How does this help me today? (The XML file formats in O2003 have a different license and are also useless because a tiny minority of even O2003 users use them)

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    11. Re:Wow by amliebsch · · Score: 1

      That article is out of date. In November 2005, Microsoft altered the license to remove the attribution requirement. See the link I posted in reply to the other poster.

      --
      If you don't know where you are going, you will wind up somewhere else.
    12. Re:Wow by Anonymous Coward · · Score: 0

      What, you mean Gnu is not a cult? Since when? Did I miss a memo?

    13. Re:Wow by Knuckles · · Score: 1
      In the MS FAQ you linked to, I can't see the relevant information anywhere. It only talks about the ECMA process and the CNS. In particular, there is no link to the actual license. Here neither. A search for XML AND License seems to yield this as the best hit, but, on the actual page, the word "license" does not occur. They don't seem to make it overly easy to actually read the stupid thing. Care to point me to an up-to-date copy? Thanks.

      Lacking a copy, I can't validate RMS's statement in my original link that
      "it covers only code that implements, precisely, the Microsoft formats, which means that a program under this license does not permit modification"
      If this is true, not requiring attribution doesn't really solve it.
      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  8. Above religion? by bubulubugoth · · Score: 4, Insightful

    Aren`t we, technology advocates, above this kind of faithfull belive, and use more rational tougths and critical tougths?

    I sure know that, sometimes, only very few sometimes, almost never, we the "techs" tend to be fanatics...

    But this is getting creepy, GPL3 is just a license, to protect information, over one simple filosophical belive: Free of information.

    Hell, reading about flocks, faith, damn... what`s next? To adore the holy chip of Intel?

    --
    Â_Â
    1. Re:Above religion? by Anonymous Coward · · Score: 0

      Clearly seeing as this is slashdot it would be adoration of the holy chip of AMD.

    2. Re:Above religion? by Luscious868 · · Score: 4, Insightful

      Nope. Just look at the comments in any article about Google or Appple.

    3. Re:Above religion? by PitaBred · · Score: 1

      To adore the holy chip of Intel?

      Dude, you should know by now that it's the holy chip of AMD. Heathen.

    4. Re:Above religion? by hellvis80 · · Score: 1

      No, I believe it is the holy chip of AMD.

    5. Re:Above religion? by chris_eineke · · Score: 1

      Is Appple the company that sells the P-P-P-Powerbook?

      --
      "All you have to do is be fragile and grateful. So stay the underdog." Chuck Palahniuk, Choke
    6. Re:Above religion? by Planesdragon · · Score: 1

      But this is getting creepy, GPL3 is just a license, to protect information, over one simple filosophical belive: Free of information.

      Philosophical Belief!

      And GPL3 is a significant break in the Free-Computing "Church", as it is said, in intent, to limit what you can do with the software that you write. Somewhat akin to requiring the avaliabity of code with any installation of the software, not just distribution.

      If it were simple--well, if it were simple, it'd be the BSD license.

  9. wow by ikejam · · Score: 2, Funny

    this is like 'da vinci code' in slashdot.

    1. replace the whole holy blood line thing with open source.
    2. keep the random medievel church connotations
    3. keep the poor taste, bad language (okay this ones better than the book)
    4. ???
    5. Profit!!!

  10. Reasoning from analogies by hey! · · Score: 5, Funny

    Reasoning from analogies is like tying your shoes with laces made of butter.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Reasoning from analogies by belg4mit · · Score: 1

      I prefer Ty McQueen's, "Analogies are like wives."

      --
      Were that I say, pancakes?
    2. Re:Reasoning from analogies by VolciMaster · · Score: 1
      Reasoning from analogies is like tying your shoes with laces made of butter.

      Whether that's true or not is up for debate, but we do it all the time - I can't think of the last time a new concept was introduced to me without an analogy or metaphor attached. And, while learning the concept, reasoning from the analogy (an analogical argument) was mandated - there was no other way of attacking the problem.

  11. What is the problem?! by ajs318 · · Score: 5, Informative

    We believe that every user of software has four basic rights: the right to ENJOY the software, the right to STUDY how the software works, the right to SHARE the software with others and the right to ADAPT the software to their needs. We believe that these rights spring directly from the existence of software, are fundamental and can never be signed away.

    THE RIGHT TO ENJOY

    We believe that everyone has the right to use software that they have legitimately acquired, for any purpose: it is for the user to determine whether it is suitable for a particular application. If the supplier of a program were somehow unfairly to impose their will upon the user, perhaps by stipulating that the program should not be used for certain purposes, that would constitute an act of violence.

    THE RIGHT TO STUDY

    We believe that every user of a program has the right to study how that program works. If the user of a program wishes to replicate a particular piece of functionality from that program, they have the right to examine the program in order to determine how the functionality is performed. Nobody should be forced to re-invent the wheel. The supplier of a program does not have the right to keep secret from any rightful user how the program works: by allowing someone else to use the program, they have invited that person in on the secret.

    If the creator of a process wishes to keep secret the details of a process, then that is their prerogative. Effectively, they are providing a service: a customer supplies the materials; the provider of the service takes them away, does something secret, and later returns a finished product to the customer. The customer has certain rights in respect of the transaction, including the right to decline the transaction altogether based upon the level of secrecy expected by the supplier. Where the right to study a program is denied, the user {customer} is expected to provide the supplier with not just the raw materials {input to the program}, but also the resources to carry out the process {computer time and disk space}. This diminishes the quid pro quo, and so is potentially an unfair transaction.

    Access to the source code is highly desirable in the exercise of this right.

    THE RIGHT TO SHARE

    We believe that all the fruits of all human endeavour properly belong to all of humankind.

    Software can be shared without being diminished by the act of sharing: if I give a copy of a program to my neighbour, I still have a copy. {Of course, I no longer have the exclusive use of that software. This exclusivity is a form of artificial scarcity.} Nobody has the right to impose their will on my neighbour and say that they should not use a particular program: to do so would be a form of violence.

    THE RIGHT TO ADAPT

    We believe that every user of a program has the right to adapt that program to their own needs. Nobody should be forced to adapt their method of working to suit the way that someone else believes that the job should be done that would constitute unfairly imposing one's will on another, which is a form of violence.

    Access to the source code is highly desirable in the exercise of this right.

    DELEGATION OF RIGHTS

    We further believe that any user who is not skilled in the art of computer programming, or who simply desires to delegate the task to another, has the right to employ a competent programmer [2] of their choice and whom they trust, to assist them in the exercise of their rights to enjoy, study, share and adapt computer software; and that every competent programmer has the right to run a business based on providing such services in a free market. These services might include independent appraisal of the program to determine its suitability for a particular application {which is contingent upon the right to study}; modification to tailor the program to the customer's working

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:What is the problem?! by Anonymous Coward · · Score: 0

      Who's this "We," Tonto?!?

      That little manifesto is about eight clicks to the left of RMS.

    2. Re:What is the problem?! by DaveV1.0 · · Score: 2, Insightful
      We believe that all the fruits of all human endeavour properly belong to all of humankind.


      Work is a human endeavour. The money you make is the fruit of your work, which is a human endeavour. I demand that you share your paycheck with me because it "properly belong(s) to all of humankind". When will you be sending me my money?

      The truth of the matter is a person or group of people only have the rights that society as a whole give them. No one has given you any of those "rights" you mention.

      You do not have a right to something just because you believe you have a right to it. Hitler thought he had a right to take over the world and kill off all the Jews. Communists thought that their political phillosophy gave them the right to subjugate other nations through force. The Klan believed it had a the right to kill black people. Neo-nazis think they have the right to oppress anyone who is not white. My neighbor thinks he has a right to play his stereo so loud I can't hear my TV. All these groups have one thing in common. They are or were wrong.

      And, you are wrong as well.

      Just as the exsistance of money does not bestow upon you the right to have some, the mere exsistance of software bestows no rights upon you. If I create a piece of software, I owe you nothing and you have no rights to the software I created except the rights I give you, because it is MY software, not yours.

      You do not have the right to make copies of books or movies and give those copies away. If someone creates software doesn't give you the right to make copies of and give them away, you do not have that right.

      Your hubris is galling to say the least. I reject your manifesto and summarily deny you any rights to anything I create.
      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    3. Re:What is the problem?! by fossa · · Score: 4, Insightful

      I find your arguments distrubing. You say he does not have the "right" to ask for part of your paycheck. Nor does he have the "right" to copy "your" software. I say the former is very different from the latter. In the latter case, you are asking him to give up some of his freedom: the freedom to copy. His copying does not directly affect you in any way. In the former case, he is asking something of you that does directly affect you. You have no right to demand that others limit their freedom for the mere claim that you "own" the "right" to copy. Now, it so happens that we as a society have decided that allowing you to do so temporarily will be beneficial for the promotion of the progress of science and the useful arts. But there is nothing inherent that says you should be able to limit his freedom in this way as his actions do not affect you. So, please, throw out the "I own it so he can't copy it" argument. Instead, argue that society should agree to prevent him fom copying. And it better have a damn good reason to do so.

    4. Re:What is the problem?! by GigsVT · · Score: 3, Insightful

      I'm not sure where that manifesto came from, but it's pretty radical, moreso than anything I've heard before. That manifesto is close to what RMS believes, but not quite. Even RMS recognizes copyright as valid. He believes in ownership of software.

      He believes it's immoral to put artifical limitations on the users of software, but I've not heard him say anything like "No one should own anything".

      It actually goes against the legal basis of the GPL. The GPL supports the idea that the owner of the software has exclusive rights to grant the end user permission to copy and modify the software. The GPL is a license the author can use to conditionally grant those rights to others if they comply with the requirements therein.

      That manifesto almost looks like a straw man to me, I question the intent of the author.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    5. Re:What is the problem?! by paulxnuke · · Score: 1

      The problem lies in "We believe that every user of software has four basic rights" Where did they get these rights? Is software somehow different from every other kind of commodity / artwork / etc?

      Every USER of software has the right to do whatever the software license says he can, subject to his own conscience. The AUTHOR of the software has the right to place any license he wants on his work: if he chooses to incorporate GPL software into it, he gives up that right (subjects his work to the license chosen by the original author.)

      THIS is the reason I don't use the GPL. As far as RMS's concept of freedom, I don't care enough about that to even check the license if it's downloadable or buyable and does what I need. If I want to modify and redistribute (freely or otherwise), I limit myself to BSD-like licenses or pay the author. Yes, that does put a lot of good GPL stuff offlimits, but I respect its author's rights. I don't need any software badly enough to give up my own rights, however.

    6. Re:What is the problem?! by Fujisawa+Sensei · · Score: 1

      THE RIGHT TO ADAPT

      We believe that every user of a program has the right to adapt that program to their own needs. Nobody should be forced to adapt their method of working to suit the way that someone else believes that the job should be done that would constitute unfairly imposing one's will on another, which is a form of violence.

      Access to the source code is highly desirable in the exercise of this right.

      Forcing me to keep funtionality, ala source-code download, fails to preserve this right.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    7. Re:What is the problem?! by GigsVT · · Score: 2, Insightful

      That's the underlying philosophy with free software though. The only justified reason to put artificial limitations on software is to preserve the freedom from other artificial limitations.

      Sort of the way that we wouldn't be more free if murder was legal, even though it would mean less laws.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    8. Re:What is the problem?! by Anonymous Coward · · Score: 0

      These are natual rights. They describe how the world works and you have to actively subvert them in order to take them away.

    9. Re:What is the problem?! by DaveV1.0 · · Score: 0

      Here is where your argument breaks down. Neither you nor the original poster has a "freedom to copy", specifically because it is MY WORK. I have the right to say what is done with my work. You do not have a "freedom to copy" anything other than YOUR OWN WORK.

      His copying may very well directly effect my ability to make a living from my own work. That is directly affecting me.

      What you fail to see is that his freedom and yours ends where my freedom begins. The right of a person to swing his fist ends at the nose of another person. Your freedom to copy ends where my freedom, backed by legal right, to say how my work is used begins.

      And, as you don't seem to understand a good portion of my previous post, let me enlighten you on a particular fact. All rights and freedoms flow from society. If you don't believe that, go debate your "right to life" with a hungry lion.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    10. Re:What is the problem?! by fitten · · Score: 1

      ... and Godwin's Law is once again served.

      That aside, I'm with you DaveV1.0 but I have no mod points to give you :(

    11. Re:What is the problem?! by muertos · · Score: 1
      The truth of the matter is a person or group of people only have the rights that society as a whole give them. No one has given you any of those "rights" you mention. You do not have a right to something just because you believe you have a right to it. Hitler thought he had a right to take over the world and kill off all the Jews. Communists thought that their political phillosophy gave them the right to subjugate other nations through force. The Klan believed it had a the right to kill black people. Neo-nazis think they have the right to oppress anyone who is not white. My neighbor thinks he has a right to play his stereo so loud I can't hear my TV. All these groups have one thing in common. They are or were wrong.

      Actually, more to the point, they turned out to be wrong. If any of those groups could successfully defend their claims, then they would indeed have those rights. You can argue as you wish as to which rights are inalienable, and which are granted by a consensus of society, but in point of fact, the only rights you have are those you can secure and defend for yourself. Now, as it happens, there are and have been people who have taken it upon themselves to secure certain rights for more than themselves, and to put in place methods to defend those rights. These people are few and far between.

    12. Re:What is the problem?! by DaveV1.0 · · Score: 1

      Well, I am not really comparing the poster to the Nazis or Hitler. I am giving examples of people who believed their self-ascribed rights outweighed the rights and freedoms of others.

      Does Godwin's Law still apply? I thought I had to directly compare or call the poster a Nazi, Hitler, etc for it to apply

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    13. Re:What is the problem?! by Fujisawa+Sensei · · Score: 1

      The point is GPL 3 does not help keep software free, instead it cripples the people who want to use it.

      For example if Linus were to release Linux under GPL 3; with the source code clause. I put up a web server, I have to put a patch in web applications to allow the downloading of the Linux Source Code. Now imagine if I have a database that's GPL 3, an application server that's GPL 3, and an application framework that's GPL 3; and all have the code D/L option. I have to put links in all my stuff that will allow the downloading of the each source code bundle.

      That is NOT freedom to adapt.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    14. Re:What is the problem?! by stinerman · · Score: 1

      When will you be sending me my money?

      As soon as you send me mine. In fact, it already occurs. We call them taxes.

      You do not have a right to something just because you believe you have a right to it.

      In fact, you only have the rights that you have agreed that the government has no business restricting. Without any government, I have the right to shoot you, copy your software and claim it as mine. I also have the right to make you and your family slaves. You also have the right to rebel against me. Government exists to restrict rights we naturally have for mutual protection. The rights the government restricts is solely up to the people who formed the government.

      I reject your manifesto and summarily deny you any rights to anything I create.

      You are certainly free to reject the gentleman's manifesto, but I do have rights to the things you create, at least under our current government. In order to get you to create things in the first place, you are given a monopoly on their exploitation for your natural life plus 70 years (assuming you are from the USA). At that point, the rights of the public to your work take effect.

      If you are intent on your position, I suggest you lobby your congressmen to amend the Constitution to allow for an unlimited copyright term.

    15. Re:What is the problem?! by DaveV1.0 · · Score: 1

      I think there is much evidence against the concept of "inalienable rights".

      Many would argue that there is an "inalienable right" to life. I often suggest they argue the point with a large hungry carnevor, say a lion or tiger.

      I find that "inalienable rights" are very often "granted by a consensus of society" and generally, that society is effectively global rather than local.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    16. Re:What is the problem?! by Anonymous Coward · · Score: 0

      It is a bit more complicated that that. Any and all ideas (herein, an idea is meant to mean "a product of mental labour") you create are not your property. They are the property of te public domain, and while there are systems in place, that give you the right to maintain a monopoly over how they are copied and/or applied (a copyright for songs, books, etc., or a patent for broader things), such monopolies are subject to expiration, after which said ideas can be distributed freely by anybody. The whole notion of Intelectual Property is created by people, who are ... well, I don't want to call them anything harsh, so let's just say that they are not mathematicians. Greedy, too.

    17. Re:What is the problem?! by Anonymous Coward · · Score: 0

      That's why I think we need a technological solution to this whole issue, so we make this a moot point.

      Create an anonymous, fast, publish-subscribe WWW system that works and suddenly we can steal your software and work on it and you may never ever figure out who is working or using your software. You can then bitch and moan and throw your arguments around as much as you like until you give up on software and go work on something else like woodcrafting that can't be copied (yet).

      So, you want your cut because of the software you designed? Well, to accomplish that you are using a ton of accumulated human knowledge, which I believe some ancestor of mine has worked on and would like me to benefit from it as well.

      You are actually right on your arguments, to the extent that most living things occupy some "space" on the real world and block access to that "space" with force/persuasion/law/etc. But that doesn't change the fact that humanity needs less of people like you and more people that can share without restrictions, even if this threatens to weaken their own personal wealth.

      But a technological solution is not far... one that will make this whole discussion completely moot and your line of thought completely obsolete.

    18. Re:What is the problem?! by paulxnuke · · Score: 1
      These are natual rights. They describe how the world works and you have to actively subvert them in order to take them away.

      Twenty sided dice describe how that world works too. So, does the act of writing software amount to the creation of something to which the author has a special right, or freeing from limbo a thing that always existed, has innate rights of its own, and conveys "natural" rights to anyone who touches it? (Hint: I don't place a piece of code above a child.)

      If "natural rights" ever had any meaning at all, they've long since been "subverted" out of existence. And seeing as no two people (much less nations, religions, etc) could ever agree on what they were anyway, we're better off without. Nowadays using that term is almost enough to be modded Troll out of hand.

    19. Re:What is the problem?! by fossa · · Score: 2, Informative

      Ok, I see your point. All freedoms flow from the values of a society. Values which are often under debate. Yet you seem to belive that the reason I should be unable to copy something is because it's somehow "yours", and you have the "right" to say what is done with "your" work. No. The reason I should be unable to copy something is because society has agreed to limit my freedom.* Society has made a choice based upon values. It has nothing to do with this fantasy you hold to that this software might be "yours". Perhaps you should not have given me a copy if you wanted it to remain "yours". Society may treat it as "yours to copy", but it does not do this because it's "yours"; it does this because its members have agreed that doing so will have benefits, say, the promotion of the progress of science and the useful arts.

      You and others may believe or wish that the reason is because it's "yours", but the law does not currently say that (in the US at least, apologies if it does say that in your country). If you seek to change that then all I can say is I hope you fail. Do you believe copyright should have a limit? Why should it, if it's "yours"? Pass it on to your great-great grandchildren like you will pass on your grandfather's watch. After all, they're both "yours".

      Peace.

      * Now, I have not personally agreed as such, but I am a member of society, and it includes mechanisms for change should the values of a society change, so I'll try to change it but won't complain about the fact that I never agreed to it as I don't see a way around that.

    20. Re:What is the problem?! by Anonymous Coward · · Score: 0

      Oops, I forgot to add:

      Mwahahahahahahahahaha!

      (loud, echoing diabolical laugh) :-)

    21. Re:What is the problem?! by honkycat · · Score: 1

      Actually, one has freedom to copy one's own work or anything that's in the public domain. We have the freedom to copy anything that is not protected by a copyright.

      "Your work" is supposed to cease being "your work" after a reasonable term. The current copyright terms are unjustifiably long, IMO. Moral rights and legal rights don't always agree.

    22. Re:What is the problem?! by ajs318 · · Score: 1
      Work is a human endeavour. The money you make is the fruit of your work, which is a human endeavour. I demand that you share your paycheck with me because it "properly belong(s) to all of humankind". When will you be sending me my money?
      I already have. I pay my taxes. If you have been treated in a hospital, driven a car on the roads, thrown rubbish in a dustbin, seen by the light of a street lamp, been protected by the police, borrowed a book from a library or one of a million other things, then you may well have benefitted from the taxes I paid.
      Just as the exsistance of money does not bestow upon you the right to have some, the mere exsistance of software bestows no rights upon you. If I create a piece of software, I owe you nothing and you have no rights to the software I created except the rights I give you, because it is MY software, not yours.
      It is not your software. Just in order to create that software, you must already have benefitted from the sum of all human endeavour up to that time. For example, if you used GCC or emacs then you have benefitted from the work of Richard Stallman and the FSF. If you used a computer then you have benefitted from the work of Babbage, Turing, Von Neumann, Presper Eckert and Bill Mauchly, et al. For that matter, if you used anything at all electronic then you have benefitted from the work of Michael Faraday.

      What gives you the right to suppose that the achievement represented by your software is so important that you deserve to dictate who may and who may not benefit from it?
      You do not have the right to make copies of books or movies and give those copies away. If someone creates software doesn't give you the right to make copies of and give them away, you do not have that right.
      Says the law, but then the law needs changing. Everybody knows how easy it is to copy books, music, videos, software &c.; and yet, they persist in doing so, knowing full well that they will not necessarily be paid for every copy made. If people are really all that bothered about getting paid, then they should insist on cash up-front before they write, sing or act.
      I reject your manifesto and summarily deny you any rights to anything I create.
      Then I repeat: Whenever these rights are violated, the use of reasonable force -- as little as possible, but as much as necessary -- in their pursuit is absolutely justified.

      Let me quote another paragraph, by way of clarification of what "reasonable force" means:

      We consider "reasonable force" to be the smallest amount of force consistent with obtaining our rights whilst minimising collateral damage. We believe that we are in a special position because one of the techniques at our disposal, viz. reverse engineering, will cause no harm to people or tangible property, only to false "intellectual property" -- the supposed right of software suppliers to commit acts of violence by infringing upon our natural rights to ENJOY, STUDY, SHARE and ADAPT the software we use.
      --
      Je fume. Tu fumes. Nous fûmes!
    23. Re:What is the problem?! by soccerdad · · Score: 1

      Here's the premise that has to be dealt with:

      "We believe that all the fruits of all human endeavour properly belong to all of humankind."

      If, as I believe, this premise is ***completely wrong***, then the rest of the "rights" arguments fall apart. To tell me that the fruit of *my* endeavor belongs to all of humankind is "a form of violence." If someone wants to donate the fruit of their endeavors to all of humankind, that is their right. If they want to do so via a "viral" license like the GPL, that also is their right. But the mere fact that we are discussing their individual rights is a priori evidence that I have the same rights to decide otherwise.

      Donnie

    24. Re:What is the problem?! by ajs318 · · Score: 1

      Please cite the paragraph in GPL3 {2006-01-16 draft as shown here} which you believe would oblige you to provide the source code as you state.

      It is my understanding that the source code for those parts of a web application which run only the server end, need not be made accessible to users accessing the application via the web. Of course, the source code for those parts of a web application which run on the client end -- assuming that it be written in an interpreted language such as JavaScript-- is already accessible to users.

      In any case, your complaint about having to insert source download links if you set up a web application is rather like complaining that if you invite members of the public into your private property, you have to provide fire exit signs.

      --
      Je fume. Tu fumes. Nous fûmes!
    25. Re:What is the problem?! by DaveV1.0 · · Score: 1
      Actually, one has freedom to copy one's own work or anything that's in the public domain. We have the freedom to copy anything that is not protected by a copyright.

      Granted, and when combined with:
      "Your work" is supposed to cease being "your work" after a reasonable term.

      You get what (is supposed to) happens. After a reasonable time, my work ceases to be mine. And that is fine. But, while it is mine, I am the one that decides when, how, where, and who copies my work, not anyone else.
      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    26. Re:What is the problem?! by DaveV1.0 · · Score: 1

      And, if I meet your "reasonable force" with my idea of "reasonable force", my idea of "reasonable force" being whatever it takes to stop you completely the first time so you may never attempt to impose your will upon me again, what then?

      You seek to take from other to satisfy your own selfish desires, regardless of those from whom you would take, under the guise of superior ideology. You make a wonderful Stalinist: "What we do to you is O.K. because it serves the needs of the People, who happen to be us. On your knees, shut up and do as you are told or we will use force to make you comply!"

      You can dress your selfish greed up in fancy rhetoric, but it is still you wanting to get something for nothing.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    27. Re:What is the problem?! by Anonymous Coward · · Score: 0

      Wow, you really think you're the shit, don't you?

      In fact, I think I'll call the police, tell them that you don't want them to investigate because you don't want something for nothing, come over your house, and kick the crap out of you. Are you going to hire a private investigator or what? Don't tell me the police are going to investigate, because your taxes cover very little of their costs.

    28. Re:What is the problem?! by Anonymous Coward · · Score: 0

      Well, the sum of human knowledge belongs to all of humanity. Certainly, if you're a farmer, creating wealth out of the air, water, and sun, part of that wealth belongs to the government that protects your plot of land, secures your water rights, and prevents the factory upwind of you from fucking up your air, but most of that wealth belongs to you.

      But it is the height of arrogance to claim that you own knowledge. Almost all of what we know comes from the studies of dead people. If you write a program to plot star charts, how can you claim that you own it? What about Tycho Brahe who made the observations you use painstakingly over many years? What about Johannes Kepler who provided the physics model you use? What about Galileo who was imprisoned for suggesting the cosmological model you use?

      How can you claim that you own a work made of Galileo's imprisonment?

      The thought that people can own knowledge is so incredibly arrogant that only a Libertarian can think it.

    29. Re:What is the problem?! by Fujisawa+Sensei · · Score: 1
      d) They may require that the work contain functioning facilities that allow users to immediately obtain copies of its Complete Corresponding Source Code.
      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    30. Re:What is the problem?! by Anonymous Coward · · Score: 0

      We believe that all the fruits of all human endeavour properly belong to all of humankind.
      . . .
      We believe that, whenever these rights are violated, the use of reasonable force -- as little as possible, but as much as necessary -- in their pursuit is absolutely justified.


      Wow! And I thought I was a lunatic-fringe copyleftist wacko. I am becoming so passé in my old age.

    31. Re:What is the problem?! by Harry+Coin · · Score: 1

      The balance of copyright was broken by our corrupt Congress on the behalf of a cartoon mouse long before the spectre of digital copying reared its ugly head.

      Since the public domain has been effectively curtailed by a spineless legislative body in return for healthy campaign donations from those groups who stand to profit from unlimited durations, I no longer recognize the balance of copyright.

      If by some miracle, copyrights return to a reasonable span, I may find respect for the law again. Until then, if I can copy, I will. If the past is any judge, the law will change before society does.

      --
      That's pre 7-11 thinking....
    32. Re:What is the problem?! by An+Onerous+Coward · · Score: 1

      Explain again how you're not "giving up your rights" when you pay an author to modify and redistribute their proprietary work, but you are giving up your rights when you redistribute GPL'ed work. You don't just pay the author, then walk away to do whatever you want with their work (unless you paid a lot). You pay them to grant you a license to do certain things, with all the giving up of rights which that entails.

      Basically, what you're saying is that you won't "give up your rights" for free, but you will give them up if you get to pay an arm and a leg for the privilege.

      --

      You want the truthiness? You can't handle the truthiness!

    33. Re:What is the problem?! by radish · · Score: 1

      Let's say I have some (free as in beer) component which I want to include in my work. That component, however, needs a little modification to work the way I want. Now, the license of that component is key:

      If it's BSD or similar, I can just make the change and I'm done. Easy.

      If it's GPL or similar, I can make the change, but if I do so I may then have to license my whole application under the GPL. I wouldn't classify that as "giving up my rights", but it's tradeoff for sure, and one I may not even be in a position to make.

      In all cases I can approach the author and offer them money to make the change for me or allow me to make it myself, outside of any existing license. The amount of money here is irrelevent, the important thing is that I have decided to forgoe money instead of licensing freedom. It's still a tradeoff, but for many people/companies it's a more attractive one.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    34. Re:What is the problem?! by An+Onerous+Coward · · Score: 2, Interesting

      Technically, I don't think any court exists outside Texas that would agree with your definition of "reasonable force". If you shoot a tresspasser, then claim to the court that, while merely brandishing the gun would have been enough to get the tresspasser to leave, you felt justified in increasing your attack to ensure that your victim could never threaten you again, you're going to lose the case.

      Also, "Step onto my property, and just see what happens" is the height of Internet lameness. It lost it's novelty about five minutes after Usenet went up, and I'm sure you can do better than this.

      Finally, the "you seek to take from others" argument can be easily turned back on you. If you write a song, let others listen to it, and then demand total control over the idea you've put into another person's head, that's every bit as selfish as you claim your opponent is being. You've benefitted in so many ways from the ideas society has put in your head (think how much less you'd be capable of if you'd been dropped on a desert island at the age of three), and yet when it comes to your idea, anyone who fails to provide you fair compensation for it is a greedy Stalinist.

      Me, I think that some amount of copyright protection is fair and just. But not this much, fercryinoutloud.

      --

      You want the truthiness? You can't handle the truthiness!

    35. Re:What is the problem?! by GigsVT · · Score: 1

      How exactly would Linus put functionality into Apache/PHP/Your Web App, or whatever, that would create such an obligation to put a link for kernel source code on your web page?

      Apache could append a link to get apache source code on the bottom of every page it serves, but they won't do that, because it would alienate their userbase.

      So I really don't see what your point is. If some GPL blog author wants to put a source download link in his blogging software that can't be removed by the end user, that seems fine to me.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    36. Re:What is the problem?! by shutdown+-p+now · · Score: 1

      Correction: there are no inherent rights at all. Yes, he does not have the inherent right to a share of money, or to copy your software; but neither do you have the inherent right to keep your money to yourself, or to prevent others from copying your software.

    37. Re:What is the problem?! by ajs318 · · Score: 1
      At the moment, it is possible using Reasonable Force to ENJOY and SHARE all software; but to STUDY or ADAPT software requires access to the Source Code. The question then becomes, can we devise a technique for forcibly obtaining access to the source code? If so, then we have all the prerequisites to take what is ours, without needing anyone else's say-so: all software will effectively be Open Source.

      Now, suppose there was some software tool that would accept a compiled program as its input; and output a file containing some source code that, when compiled, would be exactly equivalent to the original input. Such a program would be the functional opposite of a compiler -- in other words, a decompiler.

      The decompiler output would not necessarily be identical to the original Source Code -- indeed, it need not even be in the same programming language. In particular, variable and function names might well be lost {there is little need for them to be retained in the object code, and historically there have been good reasons for them to be discarded}. However, this step already gives a hacker a great deal of leverage; it re-creates the abstraction that exists between choosing what high-level language statements to use to solve the problem {analogous to poetry}, and how to tell the computer what machine-language instructions to use to carry out those steps {analogous to calligraphy}. Now our hacker need no longer think in terms of "the floating-point number stored in locations $ce08-$ce0C" but in terms of "float1". One whose experience is in pure mathematics might recognise an expression of the form
      var4 = (-1 * var1 + sqrt((var1 * var1) - (4 * var2 * var3))) / (2 * var2);
      var5 = (-1 * var1 - sqrt((var1 * var1) - (4 * var2 * var3))) / (2 * var2);
      and deduce more meaningful names for the variables from the context in which they are used. Additional clues may well exist in the text of messages and prompts.

      Mathematically, the problems of decompilation are identical to the problems of shape recognition: consider machine language instructions as vertices, and high-level language structures {such as statements, loops and functions} as more or less complex shapes. Now, which vertices are most likely to belong to what shapes? Which sequences of machine-language instructions correspond to what high-level instructions?

      A decompiler would have value for other applications beside reverse-engineering closed source software, even if we discount the possibility that the author of a program might ever need to recover it after some catastrophe has befallen the original. Subject to the ability of compilers to preserve variable and function names {a standard debugging aid, which could easily be added to an Open Source compiler which lacked it} and decompilers to retrieve and make use of this information, it ought to be possible to decompile a program written in one language into a different language. This would allow an exciting new form of collaboration, since it would remove the need for programmers working together on a project to know the same programming language.
      --
      Je fume. Tu fumes. Nous fûmes!
    38. Re:What is the problem?! by Fujisawa+Sensei · · Score: 1
      How exactly would Linus put functionality into Apache/PHP/Your Web App, or whatever, that would create such an obligation to put a link for kernel source code on your web page?

      That is part of the problem. Linus, could if he wanted under the GPL 3, expose a function to the end user to download the kernel source code, as part of the API, which under this clause must be exposed to the end user and like it or not, if I'm viewing web pages hosted on your Linux system I'm a user of that system.

      Because this function must be exposed to the end user, the service provider, that the developer who is writing the web application can either expose that service through apache, or some other user accessable feature.

      So some GPL blog software wants to ensure that his link stays on every web-page, that in itself is not big deal, unless you're trying to achieve a specific look and feel, and are maybe integrating that piece of software in a much larger project. But the clause is vague, in that there are many users for a piece of software, and that GPL software may be behind multiple layers.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    39. Re:What is the problem?! by Anonymous Coward · · Score: 0
      Its criminal that trash like parent get modded up by the slashdot hive mind. You can't pretend ownership of software doesn't exist because it doesn't obey typical physical laws of supply and demand. Your house and car are owned by you (once you pay them off). True or false? Just because you can create effortless "copies" of software doesn't mean the software has no value and thus has community ownership. If it took three months to "copy" a piece of software (which it would if you had to build it like a car on an assembly line or a new house on a vacant lot, or any other typical tangible asset) then suddenly the same piece of software has intrinsic value and thus true ownership?? Give me a break.

      BTW the "freedoms" you speak of don't exist. You have the freedom to: use the software I've built according to my rules, or not. That's pretty much it. Just like when you were a kid, "you can use my bike IF you don't curb jump". If you curb jump you lose the bike. If you complained then it didn't matter because he owned the bike. You probably understood this rule as a kid, but now you're having problems? I'll make it easy: in this analogy bike = software. And the rule of law agrees with me, and it always will. End of story.

    40. Re:What is the problem?! by Kjella · · Score: 1, Insightful

      Here is where your argument breaks down. Neither you nor the original poster has a "freedom to copy", specifically because it is MY WORK. I have the right to say what is done with my work. You do not have a "freedom to copy" anything other than YOUR OWN WORK.

      What you fail to see is that his freedom and yours ends where my freedom begins. The right of a person to swing his fist ends at the nose of another person. Your freedom to copy ends where my freedom, backed by legal right, to say how my work is used begins.


      Ah, but it's not YOUR computer. It's not YOUR electrons which make up the bits and bytes. Starting out, your IP rights ends where MY property rights begin. That's where your IP fist ends at MY nose. You have NO rights to tell me what I can do with MY property, even if MY computer is running a series of bits and bytes you came up with. The default before I choose to give up any of MY rights is that you can fuck off.

      Now, for various reasons we have as a society chosen to give you the time-limited privilidge of copyright - a limitation on everyone else's physical property which puts some limits on what we can do with our own property. But you should make no mistake which is the more fundamental right here - if you don't believe that, you can come uninvited to my property to check up on my "IP compliance" and discuss it with a shotgun (technically I don't own one, but you make me wish I did).

      As far as your "right to say how your work is used" is concerned, the only way you've had any say in how it is used is through abominations like the DMCA and EUCD which is a blanket permit for use restrictions along with copyright protection. If you tell me you want to come into my livingroom and tell me how I can use the work that I've bought (or otherwise legally aquired), you can fuck off twice as fast. There's just no limit to how much you want to enroach on MY freedoms, is there?

      You know, I actually have a lot of respect for people who really don't mind how their work is used, if I format shift it, time shift it, put it on a laptop or desktop or iPod or Myth box or send it to a family member or personal friend. They just want to prevent the mindless mass piracy which is really hurting their bottom line. But people like you... you make me want to abolish copyright. Ever apply for the position as record exec at the RIAA? You seem like the right type.

      --
      Live today, because you never know what tomorrow brings
    41. Re:What is the problem?! by An+Onerous+Coward · · Score: 1

      My point was simply that all non-BSDish licenses involve tradeoffs that the licensee may not be able or willing to make. This is true whether or not you're going with the default license or negotiating for special terms. While the amount of money isn't directly an issue, the more money you fork over the more liberty the owner will be likely to allow you.

      So I think you're wrong to claim that you're giving up money but not licensing freedom. Any agreement you have with some other author is going to have terms, conditions, and restrictions, and the question is whether the restrictions of the GPL are a good fit for your situation.

      --

      You want the truthiness? You can't handle the truthiness!

    42. Re:What is the problem?! by radish · · Score: 1

      So I think you're wrong to claim that you're giving up money but not licensing freedom. Any agreement you have with some other author is going to have terms, conditions, and restrictions, and the question is whether the restrictions of the GPL are a good fit for your situation.
      I agree that every case is different, and I think that's key. But my personal experience seems to be different to yours. Case in point - I needed a java charting package for a project at my work. There are a bunch out there, some GPL, some closed source. The one we liked best for our specific application was closed source, it came close to meeting our requirements but wasn't quite there. The regular licensing deal was "binary only", but it was pretty cheap (couple hundred bucks). We spoke to the author, for $500 he said we could have the source and do what we like with it. That $500 was well worth the weeks of developer time it saved, and even if the source had been available under the GPL we'd still probably have paid for it not to be.

      But as I said, every case is different. We also do use a lot of GPL stuff at work, it just keeps the lawyers busier :)

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    43. Re:What is the problem?! by fossa · · Score: 1

      *sigh* Why don't you want me curb jumping with your bike? Because I might damage it? And then you'd be left with a damaged bike? If I damage a copy of your software, you are not left with damaged software, being in possession of the original. There is a difference between the bike and the software. To deny this is folly. You may freely argue what restrictions society should or should not place on what I can do with "your" software, but to argue that it is yours in the same way as the bike is insanity. They are not the same. A child knows this. A child crys when I take his toy. A child does not cry if I copy his video.

      Imagine a world where the bike could be copied in the snap of a finger. Would you object if I asked you to only ride this copy of my bike on smooth non-gravel trails?

      Imagine a world where a plate of food could be copied in the snap of a finger. Would you object if I watched you starve while I ate from such a plate?

      Imagine a world where software can be copied in the snap of a finger. How far do you want to extend your control over my life? When it's coded in law, and everyone does it, it becomes difficult for me to avoid your chains. I am willing to accept some because it may be the only workable solution (or there may be others). But I am not willing to let you claim a bike is equivalent to software.

      I'm not pretending ownership does not exist. I'm merely stating that society allows what it allows, and physics allows what it allows. One of those can and does change. Comparing non-physical rules created by a society to the laws of physics may be useful at times, but to cling to those analogies on faith and not reason is dangerous.

    44. Re:What is the problem?! by hugo_goedel · · Score: 1
      The money you make is the fruit of your work, which is a human endeavour.

      That's plainly wrong. (Except for those who are printing the money.) You neither "create" any money nor do you "own" it in a strict sense. (You musn't even burn it.) You have a government-issued license to use it by receiving it for selling your work or products and for exchanging it for goods and services. But the government could for example at any time de-value it and replace it with a new currency. (The U.S. government is actually already de-valuing the US-Dollar by allowing a trade deficit of 6% of the gross domestic product, meaning that 6% of what the U.S. consume they haven't produced but received in return for printing little green sheets of paper.)

      It has always struck me as a contradiction that libertarians would rely on government-issued money, since after all government is always evil for them. At least Hayek was so consequent as to also demand competing "private" money.

    45. Re:What is the problem?! by pimproot · · Score: 1
      while it is mine, I am the one that decides when, how, where, and who copies my work, not anyone else.

      Wrong. Common law like the Doctrine of First Sale and Fair Use preserve what meager rights to copying your work copyright law retains for the public after grantings its concessions which enticed you to release it to the public in the first place. Presumably to promote the progress of the arts and sciences. We'd want "your" work to some degree become the public's as well if we're going to do that, no?

    46. Re:What is the problem?! by Grab · · Score: 1

      Nope, that's bullshit. Where do you think all the people who subscribe to this philosophy are going to make their living?

      Most people writing GPL software are hobbyists. That means they're being paid to produce *closed-source* software during the day, and they're spending their free time producing open-source software. If they weren't being paid for producing closed-source software, they would be unable to produce open-source software - or their ability to do so would be greatly diminished, due to their lower experience with software.

      Currently, companies supporting GPL software (IBM, Red Hat, etc) are doing so because their investment in that is offset against increased revenue from other areas - hardware, support contracts, etc. This is a totally hard-eyed view, and if they weren't going to make more that way then they wouldn't be doing it. But this situation only holds true in certain circumstances - there are many cases where someone wants some custom software written, and hardware/support will not bring in enough money to keep that coder alive. Pretty much every piece of embedded software (ie. everything that doesn't run on a PC/Apple) fits into that category

      Basically, if you can write a manifesto like that, then you don't have enough experience in life *or* software for your opinion to be valid. And yes, that includes RMS, who has *never* in his entire life worked in a non-academic environment.

      Grab.

    47. Re:What is the problem?! by DaveV1.0 · · Score: 1

      He used his definition, I used mine. And, as he would be the aggressor, here in the state of Florida, I would be allowed to use upto and including deadly force to protect myself and mine. Unlike many states that require people to backdown and run away from criminals, Florida has a law that protects those that defend themselves.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    48. Re:What is the problem?! by GigsVT · · Score: 1

      The clause may need some clarification, but the "invisible hand" would take care of most things.

      Simply put, if some author decided to create an obnoxious problem by creatively interperting the clause as you propose, people just wouldn't use their software anymore, or would fork the GPLv2 version, or the GPLv3 version immediately preceeding the addition of the facility to download source code that was problematic.

      It doesn't require the author to exercise the right, and it would would be foolish for authors to try to abuse it.

      Keep in mind, if authors wanted this sort of licensing term, they could have used a different license that specifically required it. All this clause does in GPLv3 is make such works GPL compatible.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    49. Re:What is the problem?! by GigsVT · · Score: 1

      Many libertarians as in favor of removing the power of government to arbitrarily inflate money by returning to a gold-based system. Others do advocate privitized money, but they are a smaller minority.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    50. Re:What is the problem?! by An+Onerous+Coward · · Score: 1

      I looked up the law in question, and I fully agree with it. But your interpretation of it sucks rocks, and your glee at the prospect of using it indicates a rather vicious character.

      I say your interpretation sucks, because nobody has threatened to set foot in your residence (which is the only place where the "defense of property" law actually appears to apply). If your opponent was exercising his definition of "reasonable force" to secure his supposed rights to use your software, it would involve downloading a file or copying a CD. It would not involve stealing any physical item you possess or stepping into your physical residence. If you can't scale back your reaction to take that into account, then your actions are those of a vigilante, and are well outside the protection of this or any law.

      As to your moral character, let me say this: Just because the law says you can do something, doesn't necessarily mean that doing it is morally justified. You make it sound as though anyone who enters your home with criminal (or even unknown) intent automatically deserves to die, which is crap.

      According to this law, if an unarmed person enters my house, and I train a gun on that person, the law won't punish me for whatever happens next. It doesn't matter whether I tell that person to leave, shoot that person three times in the chest, or tell the person to leave and then shoot him three times in the back before he gets out my door. The person was in my residence, so the law says that whatever happens, it will assume that I was in fear of my life and let me go free. But warning the intruder away is an act of courage and restraint, shooting the man is somewhat cowardly, and shooting him as he leaves is an act of psychopathic malevolence.

      I will grant that even as the intruder stands unarmed before you, he still poses some risk to you. But that risk is tiny, and worth accepting to preserve the intruder's life. To hold your life as more valuable than that of another is just human nature; but to place zero value on another person's life is wrong.

      --

      You want the truthiness? You can't handle the truthiness!

  12. Reformation? by opencity · · Score: 2, Insightful

    I like the religious schism analogy whether or not it's accurate. Does that make Microsoft the Ottoman Empire? Apple?

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
    1. Re:Reformation? by halivar · · Score: 1

      I like the religious schism analogy whether or not it's accurate. Does that make Microsoft the Ottoman Empire? Apple?

      Apple is the heretic that must be burned.

    2. Re:Reformation? by Anonymous Coward · · Score: 0

      Microsoft could be the Ottoman Empire, but I think it'd be more like ... well, spain, or france.
      Ottoman empire would probably be more appropriate as ... SCO?
      Apple would probably be China. Doing fine, doing their own thing separate from everyone else.

  13. Yes it is by Anonymous Coward · · Score: 0

    "It's not ad hominem to point out that someone may have been paid to hold a certain opinion"

    Um, yes actually it is.

    http://en.wikipedia.org/wiki/Ad_hominem#Ad_hominem _circumstantial

    "Ad hominem circumstantial

    Ad hominem circumstantial involves pointing out that someone is in circumstances such that he is disposed to take a particular position. Essentially, circumstantial ad hominem constitutes an attack on the bias of a person. The reason that this is fallacious is that it simply does not make one's opponent's arguments, from a logical point of view, any less credible to point out that one's opponent is disposed to argue that way. Such arguments are not necessarily irrational, but are not correct in strict logic. This illustrates one of the differences between rationality and logic.

    Examples:

            "Tobacco company representatives are wrong when they say smoking doesn't seriously affect your health, because they're just defending their own multi-million-dollar financial interests."

            "He's physically addicted to nicotine. Of course he defends smoking!"

    The Mandy Rice-Davies ploy, "Well, he would [say that], wouldn't he?" is a superb use of this fallacy."

  14. How about bonfire of the CNET editors/contributors by bran880 · · Score: 1

    You know, the guys who write inflammatory articles that have little grounding in reality simply to boost traffic/clicks.

  15. Troll... by srmq · · Score: 3, Interesting

    The article is clearly a troll. If the author had at least read the proposed draft of the GPLv3, he would have seen that in fact it brings more compatibility with the "pragmatism-driven" OSS world, as it will make possible to combine gplv3 works with software released under OSS licenses that are currently incompatible, like the Apache 2.0 and the Eclipse licence.

    1. Re:Troll... by abe+ferlman · · Score: 1

      You've stumbled on the most secretest secret of slashdot; no one would read the comments at all if the trolls didn't engage immediately and pick fights. Every once in a while they promote a known troll to the front page to keep things interesting.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
  16. Freedom to Create Free Software is Good by digitaldc · · Score: 4, Interesting

    Enter Girolamo Savonarola, a Dominican priest, who came to power in Florence in 1494. He viewed all of this "humanism" as vanity, turning people's heads away from the word of God and true religion. He took a very severe stand against the new scholarship, culminating in a series of bonfires in the town square, where many great works of art and science were lost. These fires have come to be known as the "Bonfire of the Vanities."
    Like Savonarola, Richard Stallman takes a similarly religious stance on software development, rather than a practical one. For Stallman, the concept that software be "free, as in freedom" is the only concern in the creation of software.


    At first, I was thinking that Stallman, was the opposite of someone like Savonarola, since he encourages 'freedom' in software creation and not adhering to strict rules or religion. And freedom should include the freedom to create any software you like, totally free or hybrid - though this is not exactly what Stallman envisioned. But of course, all this 'freedom' could lead to something altogether different - 'not free' code and this could not be named 'public.'

    I do not see the point of this person's article, except to stir up bad feelings against Stallman. Maybe since the guy works for the Association for Competitive Technology (ACT), he has an agenda to push - creating disdain for the concept of free software? ACT doesn't like OpenOffice, so they probably do not like Stallman either.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Freedom to Create Free Software is Good by Bogtha · · Score: 1

      Maybe since the guy works for the Association for Competitive Technology (ACT), he has an agenda to push - creating disdain for the concept of free software? ACT doesn't like OpenOffice, so they probably do not like Stallman either.

      He does more than work for them, according to the article, he's the president of ACT, although it's easy to miss, being in tiny text inside an image with no alt attribute.

      --
      Bogtha Bogtha Bogtha
    2. Re:Freedom to Create Free Software is Good by Grab · · Score: 1

      Stallman is on record as saying that if a job cannot be performed with free software (and the only solution is closed-source software), then you should refuse to do that job. So I think the comparison to Savonarola is pretty valid - both of them are/were saying "if you ditch all this shiny stuff, then it'll be better for you in the long run".

      You're right to be worrying about the source though - it does seem like the article's main purpose is shit-stirring!

      Grab.

  17. Religious debate? by truthsearch · · Score: 5, Insightful

    Many in the commercial software community call open vs. closed source a religious debate. They argue they're on the pragmatic side. The open source community often tries to portray their side as practical, not idealistic. Framing this in religious tones in not going to help. It only stokes the fires and brings this article's author more readers. I see this as just media sensationalism with some facts thrown in.

    1. Re:Religious debate? by qwijibo · · Score: 2, Insightful

      It's not a completely unfair comparison. There are people on both sides whose beliefs are so strong that they refuse to consider the other side's perspective. The other side are considered heretics because they do not subscribe to The One True Way. In the end, the only concern is with winning converts to your belief system, regardless of how right your belief system is.

      For example, GPL is touted as the ultimate in code freedom, but it's really about pushing a particular agenda. It's a constructive agenda for the community as a whole, but disallowing people to build proprietary products using GPL code means that the code is less free than BSD licensed code.

    2. Re:Religious debate? by ZombieRoboNinja · · Score: 3, Insightful

      I dunno, I think the author is actually fairly clear when you RTFA. The open-source guys are the liberal rennaissance types in his analogy, and Stallman is the crazy book-burner who's trying to shut them down.

      It makes some sense to me. Many programmers and companies see open source as an appealing solution for profit-driven and nonprofit projects alike. IBM, Sun, and Google, for example, all see some potential financial gain in promoting a strong open-source community. The advantages of open source include broader standards, "many eyes" to help catch bugs and security flaws, and the possibility of programmers from competing companies working together towards a mutual goal.

      "Free-source" guys like Stallman don't seem to like this so much. They seem to think of their software as a crusade, and consider it perfectly justified to try to strong-arm people into abandoning DRM, patents, and of course copyright for their software. Stallman would undoubtably love it if there simply WAS no protection for any kind of "intellectual property." But that makes him a bit impractical, IMO, since the profit motive is the only reason a LOT of good programs get made. (Not to mention art, music, movies, books...)

      In other words, Stallman is trying to tear down the burgeoning open source/corporate alliances on ideological grounds, and I don't think the article writer is totally off base in his analogy. Although of course he's hyperbolizing quite a bit.

    3. Re:Religious debate? by truthsearch · · Score: 0, Troll

      You make a very good point. I'd mod you up but you're responding to my own post. :)

    4. Re:Religious debate? by fossa · · Score: 2, Interesting

      The GPL does two things: first, it explicitly allows the user to do whatever he or she may want and is able to do such as copying, modifying, distributing, etc, and second it requires that source code be included. The first restriction only makes the GPL less free in the context of a society that is imposing these artificial freedom limiting restrictions already. In the context of a more free society, the GPL and BSD (and any license for that matter) would be equivalent on the first point. The second restriction may indeed make the GPL less "free", but I prefer to think of it as a choice. In the society in which the BSD license lives, the people have decided to limit their own freedom to do certain things to software such as copy and distribute. In the GPL society, the people have decided to limit their own freedom to withhold source code. The BSD allows the freedoms that society denies, but it makes an implicit choice to belong to that society that limits the freedom to copy etc. The GPL makes an explicit choice to belong to a different society, one that does not limit those freedoms but demands source code. In the end, it's not so much the license that's important, but the values and choices of a society. The GPL pushes the agenda of: we reject the limitations on freedom and demand source code. The BSD says: we reject the limitations on freedom, but also accept them.

    5. Re:Religious debate? by a_quietamerican · · Score: 1

      But, you're missing the point of this article. The religious debate is NOT between commercial and open source communities, but between the Free Software and Open Source communities. We often like to pretend like we're all one big happy family, but the reality is that we're not. And, the GPL 3 is set to widen that gap.

      In the end, you're right... the open source community portrays itself as practical and not idealistic/religious. However, are you REALLY suggesting that Stallman and the FSF are not idealistically/religiously driven? Isn't Stallman a self-proclaimed saint? If the author was talking about the Open Source community being entirely religious, that would be senationalistic... but he isn't. If you read carefully, this is targeted solely at the Stallman and the FSF, who wear it as a badge of honor.

    6. Re:Religious debate? by arose · · Score: 1
      For example, GPL is touted as the ultimate in code freedom, but it's really about pushing a particular agenda.
      No, it's not, you don't revision three of the ultimate in code freedom, it's just the best the FSF can come up with and it happens that they enjoy certain respect. And even the FSF recomends other licenses for strategic purposes... The agenda is made clear in the license itself ("Preamble"), so I don't see anything wrong there.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    7. Re:Religious debate? by arose · · Score: 1
      And, the GPL 3 is set to widen that gap.
      By trying to be more compatible with licenses like the Apache Software License?
      Isn't Stallman a self-proclaimed saint?
      Depends on how seriously you take the Church of Emacs, to understand how seriously RMS takes it take into account that he is an atheist.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  18. So what are its real legal effects? by jc42 · · Score: 2, Interesting

    I've read all sorts of contradictory stuff about GPL 3, and they can't possibly all be true. It'd be nice to read a calm, clear explanation of what it really does, and how it's different from earlier versions.

    I suppose that such an explanation should go over all the various FUD stuff and explain why each specific claim is wrong (or partially right or whatever).

    In any case, it seems that if I own the copyright on something, I should have the right to release it with extra permissions beyond the law's defaults. Much of the FUD seems to be based on the premise that there's something wrong with me giving away something that I own. What's so immoral, anti-social, or religious about giving someone a gift?

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:So what are its real legal effects? by giorgiofr · · Score: 3, Insightful

      What's so immoral, anti-social, or religious about giving someone a gift?

      Nothing! There's nothing immoral in the BSD lic... oh wait...

      --
      Global warming is a cube.
    2. Re:So what are its real legal effects? by Todd+Knarr · · Score: 3, Insightful

      If you want the straight dope, look at the draft GPL V3 language and accompanying commentary/elaborations.

      I think the objection many GPL objectors have isn't that you're giving it away, but that you're demanding that they pay back in kind if they want to benefit in certain ways from what you gave away. They'd rather you gave them stuff without asking anything from them in return. They're certainly entitled to want stuff without any strings attached, but we aren't obligated to give it to them just because they want it.

    3. Re:So what are its real legal effects? by LeonGeeste · · Score: 0

      Hey moron, did you read what he said?

      . It'd be nice to read a calm, clear explanation of what it really does, and how it's different from earlier versions.

      He wants a simple summary. If he wanted to wade through the whole thing, he would have done it already. Thanks for completely missing the point of his question.

      --
      Rank my idea: http://www.sinceslicedbread.com/node/531
    4. Re:So what are its real legal effects? by poptones · · Score: 1

      They're certainly entitled to want stuff without any strings attached, but we aren't obligated to give it to them just because they want it.

      Are you talking about the anti-gpl crowd or the anti-drm crowd? It seems unclear due to your inexact usage of "them" and the fact that what you say above could be applied every bit as well to those who insist "all data must be freely available upon publication to do anything with it I damn well please, no restrictions and no questions."

      Isn't what you say every bit as applicable to every p2p user squirreling away free corporate pop music and hollywood blockbusters as it is to those big mean and nasty corporate purveyors of proprietary software? So who's the bad guy here?

      Hmmmm....

    5. Re:So what are its real legal effects? by Todd+Knarr · · Score: 1

      As for the P2P users squirreling away stuff in violation of copyright, I'd have to agree with you: just because those users want it for free doesn't obligate anyone to let them have it for free. If they want a copy, go buy a copy.

      However, I then have to turn around and make a similar statement about the music labels and movie studios. What they want with DRM goes beyond what's written in copyright law. They want to impose restrictions on things that copyright law says copy owners can legally do, and they want to give the enforcement of those restrictions the force of law without actually changing copyright law. Just because they'd like that doesn't mean we have to give it to them either. If they want restrictions beyond what the law specifies, negotiate a contract with each and every buyer before accepting their money and delivering the product. If they don't want to negotiate an explicit contract every time, live with what the law says. And they can stop complaining that P2P software can be used to violate their copyrights. Their DRM can be used to violate the rights of copy owners too. If P2P should be outlawed because it can be used in violation of the law then DRM has to be outlawed for exactly the same reason.

    6. Re:So what are its real legal effects? by poptones · · Score: 1

      They want to impose restrictions on things that copyright law says copy owners can legally do, and they want to give the enforcement of those restrictions the force of law without actually changing copyright law.

      Although you seem to agree with me in part, I have to say it seems you have swallowed the kool-aid as well. What are these things protected in law that DRM prohibits? Making "backup copies?" Never protected in law. Remixing protected works against the wishes of the rights holders? Only in a minimal "fair use" context - not at all on the "Grey Album" scale. Criticizing works? Parodying works? No DRM can prevent it. Actually, no DRM can really prevent the other stuff since, as many have pointed out, you can always just point a camera at the screen. Until they outlaw film cameras and scanners, that hole is always going to exist.

      You cannot say "DRM will allow them to do these things and they will" because a meaningful DRM system doesn't yet even exist.

      Copyright changes to adapt to every new technology. Old "rights" that we never actually had fall by the wayside. Weaking copyright isn't going to prevent the coming of DRM, only hasten it - and with every weakening of copyright the "lockdown" is going to increase simply because they can and outlawing DRM protected works means censorship. I realize censorship has been de rigeure since the 90s when billy boy's supreme court said it's "ok so long as it's to protect the children," but I frankly think we need to be worrying a hell of a lot more about that slippery slope than what we might do in a world with fewer chances to download free mariah carey cds.

    7. Re:So what are its real legal effects? by Todd+Knarr · · Score: 1

      • My right to make backup copies of material I own. Most DRM prohibits or severely limits this. Copyright law places no limits on the number of additional copies I can make for personal use (other than requiring that if I transfer any copy I have to transfer or destroy all other copies).
      • My right to convert material I own a copy of into other forms. The canonical example was taking a record and dubbing it onto a cassette tape to play in a car stereo.
      • My right to time-shift over-the-air broadcasts. This hasn't actually happened yet, but they're trying mightily to get the Broadcast Flag implemented.
      • The right of teachers to make multiple copies for use in the classroom.

      And yes, all of those things are explicitly legal. For example, see USC Title 17 Section 107 regarding the last one: "Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.". The legality of time-shifting was declared in Sony Corp. of America v. Universal City Studios, Inc. 464 U.S. 417, decided by the Supreme Court in 1976 and hasn't been disturbed since.

      And no, the DMCA doesn't change this. To quote USC Title 17 Section 1201: "(c)(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.". IOW, the DMCA explicitly says that if a limitation on a claim of infringement or a defense against such a claim exists without the DMCA, including a defense of fair use, it's unaffected by the DMCA. Since this is in the section on circumvention of technological protection measures, it would be odd for that language to not apply to circumvention of technological protection measures.

    8. Re:So what are its real legal effects? by poptones · · Score: 1

      My right to make backup copies of material I own. Never had it. I will again invite you to cite any code saying otherwise. Copyright law places no limits on the number of additional copies I can make for personal use (other than requiring that if I transfer any copy I have to transfer or destroy all other copies). Wrong. Sony v Disney explicitly pointed out that it is an infringement to even timeshift video against the wishes of the owner. The betamax case was settled as it was because, while Disney vehemently objected to such use of its work (and the Justices acknowledged this) others, like Mr. Rogers, said they condoned such reuse of their work. In other words: the only rights you had were those the owners of the material chose not to reserve to themselves. DRM doesn't change any of that, it just gives those rights owners who do object more ability to inhibit such repurposing - a right they already have. If you object to this then your argument is not against DRM, but against allowing creators of works the right to say "you cannot make backups of this material, timeshift, or in any way copy the work in its entirety." My right to convert material I own a copy of into other forms. See above: never had it. You again confuse ability with right. My right to time-shift over-the-air broadcasts. Third time you have said essentially the same thing. Never had the right to copy works in their entirety against the wishes of the copyright owner. The right of teachers to make multiple copies for use in the classroom. This isn't even a right. SCOTUS repeatedly points out that "fair use" requires looking at ALL the guidelines. If I as a publisher offer classroom materials to schools at a fair price such use is still an infringement. if this were not true there would be no need for schools to even buy textbooks - they could just buy one and send Jenny off to the xerox machine every day. Sure, some schools actually might do that - doesn't make them right, only makes them infringers.

    9. Re:So what are its real legal effects? by Alsee · · Score: 1

      DMCA explicitly says that if a limitation on a claim of infringement or a defense against such a claim exists without the DMCA, including a defense of fair use, it's unaffected by the DMCA.

      Right. That clause sure looks like a good thing, doesn't it? It sure looks like it was put there to protect Fair Use, doesn't it? It sure looks like it brings "balance" to the law, doesn't it?

      But you need to remember that the DMCA was LITERALLY written by lawyers employed by the publishing industry. It is anything but fair, anything but reasonable, anything but balanced. It is outright deceptive at several points, and this is one of them.

      it would be odd for that language to not apply to circumvention of technological protection measures.

      Circumvention crime is not infringment. Fair Use only defense against infringment. Therefore no Fair Use defence exists for cirumvention crime.

      So what the DMCA really says there is that a nonexistant defense is not affected.

      Fair Use is still Fair Use and you cannot be sued for infringment. However you can still go to prison if you also happen to commit the crime of circumvention while engaging in that Fair Use.

      And even if there were a Fair Use defense to circumvention crime, it would still be criminal for anyone to give you a product or service or even instructions to be able to do it. In fact an Australian legislative committee has just cited this exact "flaw" in the US-Australian free trade treaty. Australia specifically negotiated for language soch that they would not have to imprison innocent people engaging in a variety of protected noninfringing activitied. However the "free trade" treaty requires Australia to make it criminal for people to actually obtain the ability to engage in these protected noninfringing activities. The treaty says it can be legal to do X, Y, and Z in Autralia, but that anyone distributing a product or service or instructions to be able to do X, Y ,or Z must be criminal. I think this "flaw" was entirely deliberate from the US side.

      An amusing thing is that the Australian legislative committee's report called it a "substantial flaw", then went on to call it an "egregious flaw", then called it an "inexcusable flaw", and then even called it a "flaw verging on the absurd". I think there was even one or two more instances of them calling it a flaw and attaching yet more adjectives for how bad it is, chuckle. The legislative committee recommended that this portion of the ttrwaty NOT be implemented into law until a solution is found to remedy this flaw. However they also stated that they could not find any such solution

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:So what are its real legal effects? by Alsee · · Score: 1

      Wrong.

      No, you are wrong and you clearly do not understand what the law actually is.

      Sony v Disney

      Sony v Disney?? Based on the context I am going to assume that you mean Sony v Universal Studios.

      [Sony v Universal Studios] explicitly pointed out that it is an infringement to even timeshift video against the wishes of the owner.

      False.
      Sony v Universal Studios explicitly ruled that it is Fair Use and thus NOT infringment to time shift.

      The betamax case was settled as it was because, while Disney vehemently objected to such use of its work (and the Justices acknowledged this) others, like Mr. Rogers, said they condoned such reuse of their work.

      Nonsense. If Mr. Rogers gives his permission to copy then it is not infringment and it is NOT Fair Use either, it is authorized.

      Timeshifting was ruled to be Fair Use. Fair Use only applies to unauthorized uses.

      In other words: the only rights you had were those the owners of the material chose not to reserve to themselves.

      First of all under US law the copyright holder does not own the material. By US law the owner of any particular copy is the owner of the medium carryig that copy. If you buy a CD you are the owner of that particular copy of that music on that CD. If you use a VCR to tame a TV show you are the owner of that particular copy. US law explicitly addresses the distinction between ownership of the copyrights and ownership of any particular copy.

      By US law, what the copyright holder "owns" is the copyrights.... the temporarily granted exclusive rights to do certain things with copies of that work. The copyright holder only "owns" the rights that the law specifically grants to him, all other rights are retained by the public. The rights temporarily granted to the copyright holder are fundamentally the right to create and distribute new copies (including derivatives), and the right to public display (or performance), PERIOD. US law Title 17 section 106 explicitly says that those are the rights granted to the copyright holder, though they drag it out to six numbered items matching what I said above.

      And those copyrights are subject to all sorts of limitations and exceptions.

      In other words: the only rights you had were those the owners of the material chose not to reserve to themselves.

      False. Copyright holders cannot reserve for themselves any rights that they were not given.

      the Constitution says that congress may, if they choose to do so, temporarily take certain rights from the public and grant them exclusively to the creator of a work. Prior to any such act, all rights are "owned" by the public... people being free to write or copy or publically display whatever they wish. Prior to any such act the all works lay in the public domain.

      Copyright holders are only given the rights the public chooses to give them (through congress), and congress can only grant such rights subject to the Constitution.

      Which brings us to another apparent missunderstanding you have about the copyright law. Fair Use was established by the Supreme Court in the early 1800's on Constitutional grouds. Fair Use was established on the grounds that it would be unconstitutional for congress to grant creators unlimited rights, and that any such unconstitutional law would have to be struck down as null and void. For example copyright law claimed to give the creator ALL rights to prohibit any and all copying. This meant that copying even short quotations would be infringment. However if the copyright holder could prohibit such excerpts and quotations, that would prohibit any effective review and criticism of that work. Review and criticism are protected speech under the First Amendment and congress DOES NOT HAVE THE POWER to abridge that right. Congress does not have the power to pass a law granting the copyright holder the rights to ALL copying. Another First Amendment example is that parody is protected speech. Again, parody is

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:So what are its real legal effects? by Alsee · · Score: 1

      Weaking copyright isn't going to prevent the coming of DRM

      Who suggested weakening copyright?

      outlawing DRM protected works means censorship.

      I do not suggest outlawing DRM. I say people have the right to use any and all the DRM schemes they like.

      My sole objection is to the horribly broken DMCA law. The DMCA says that innocent NONINFRINGING people go to prison for engaging in Fair Use or for assisting someone else engage in NONINFRINGING Fair use.

      I have one question for you:
      Do you claim that NONINFRINGING people should be put in prison?

      If your answer is no, well then DRM becomes worthless. If the answer is no then it is not criminal for a blind person to circumvent DRM to use a text-to-speech converter to be able to read a DRM'd ebook. If the answer is no then it is not criminal for me to sell that blind person that product or service to be able to text-to-speech that ebook, which inherently means circumventing or removing the DRM. That means anyone could easily obtain that product and circumvent or remove the DRM on that ebook.

      So I ask you again, should that blind person be put in prison for using that text-to-speech program on that DRM's ebook? Should I be put in prison for providing it?

      If the answer is no then you are stuck with the simple fact that all DRM is worthless. The free market will then immediately provide products and services to circumvent or remove any and all DRM for perfectly legitimate legal NONINFRINGING purposes.

      DRM is fine. Laws to IMPRISON INNOCENT NONINFRINGING PEOPLE is unjust, intolerable, and quite possibly unconstitutional.

      Copyright protection is a good and usefull thing. However DRM does not work, and laws attempting to get DRM to work are broken and evil and intolerable. Just because the intent of DRM is to protect copyright does not mean that it is a valid means of doing so.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:So what are its real legal effects? by superwiz · · Score: 1

      >They're certainly entitled to want stuff without any strings >attached, but we aren't obligated to give it to them just >because they want it.

      Funny, how you take on a completely different attitude when it comes to holders of other intellectual property rights. Somehow Google has to get books from the libraries without strings attahced, but the same is not true for the users of GPL -copyrighted materials.

      I read a sig on Slashdot a while ago that said something to the effect that Slashdot readers think that all information must be free (as in speech), but they get up in arms whenever someone violates the precious GPL license. At the time I thought the guy was just being paranoid. But you prove him to be right on point.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    13. Re:So what are its real legal effects? by Todd+Knarr · · Score: 1

      Not quite. Any company can get and use GPL'd software with no restrictions whatsoever. They can modify it however they want, keep it as secret as they want, put as many NDAs on their modifications as they want. It's when they redistribute it that the strings come into play. The same with other things. If Google were redistributing those books, they'd be in the wrong. But they've been very careful to not redistribute the contents of the books beyond the small snippets allowed by fair use. And they got the contents from libraries, whose sole purpose for existing is to archive and lend out copies of books. So no, I don't take a different attitude, I simply make the same distinction between use and redistribution as copyright law does. Certain copyright owners would rather not make that distinction, as it'd benefit them to control and charge for each use rather than each copy made, but that's their problem.

  19. More accurately, it would be "Poisoning the Well". by khasim · · Score: 2, Interesting
    http://www.fallacyfiles.org/poiswell.html

    "My opponent is a dentist, so of course he will oppose the fluoridating of water, since he will lose business." (Circumstantial)


    This calls his integrity into question because of his employment circumstances.
  20. So who is going to write the 97 theses? by Senzei · · Score: 2, Funny
    I only got to about four or so and quit. If anyone wants to pick up where I left off just say so and i'll post it.

    Then again, maybe we should concentrate more on getting back to the point of OSS.

    --
    Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    1. Re:So who is going to write the 97 theses? by Anonymous Coward · · Score: 0

      95 Theses

    2. Re:So who is going to write the 97 theses? by Senzei · · Score: 1
      95 Theses

      Since this is a group effort I am expecting at least a little more out of the community. That aside I have trouble remembering the birthdays of people I know, that I was even this close to the correct number is an accomplishment.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    3. Re:So who is going to write the 97 theses? by An+Onerous+Coward · · Score: 1

      wiki link plz thx

      --

      You want the truthiness? You can't handle the truthiness!

    4. Re:So who is going to write the 97 theses? by Senzei · · Score: 1

      Or you could just google it.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  21. Crossroads by Billosaur · · Score: 2, Interesting
    To meet the needs of the heterogeneous market, this community has focused many of its efforts on building bridges between open/free software and proprietary products. Under GPL 2, companies have found many ways to create these types of hybrid systems. Today, Linux distributions from Red Hat, Suse and others include many pieces of proprietary and nonfree code. But this "mixing" has not been without its detractors. For leading Linux users like TiVo and Adaptec, the ability to protect key intellectual property is essential. But this protection is a direct assault on Stallman's version of freedom and the need to share software with the community. How do you balance the promotional value of high-profile Linux implementations against the philosophical compromise?

    It's the crux of the problem: how do we keep software development free and open, yet allow people to create systems/software that they can market and more importantly, protect, to allow for continued commerce. The web gets more tangled with each iteration and type of licensing, not to mention the whole patentability issue. Eventually this whole idea of intellectual property in software is going to cave in to the reality that you can't wall off code or the algorithms behind code. In the end, everything will have to be open source to be accessible, but allowances will have to made for commercial use of code.

    --
    GetOuttaMySpace - The Anti-Social Network
    1. Re:Crossroads by h4ck7h3p14n37 · · Score: 1
      It's the crux of the problem: how do we keep software development free and open, yet allow people to create systems/software that they can market and more importantly, protect, to allow for continued commerce.

      That's why you use a BSD style license and not the GPL; the BSD license gives you much more freedom. IMHO the GPL is all about furthering Stallman's Communist agenda. Not that there's anything wrong in trying to do that, I just don't believe that all software should be free. I'm also not a fan of licenses that tell me I can't develop certain types of applications (eg. DRM).

    2. Re:Crossroads by Alsee · · Score: 1

      I'm also not a fan of licenses that tell me I can't develop certain types of applications (eg. DRM).

      Oh, you're perfectly free to develop any sort of application you like, including DRM.

      However if you want to use my code then the GPL imposes the extremely reasonable condition that you cannot prohibit ME from modifying and using DERIVATIVES OF MY OWN WORK.

      The GPL basically means two things. (1) You must grant me any and all legal rights I would need to be able to make use of your DERIVATIVES OF MY OWN WORK, and (2) if you distribute derivatives of my work you must include the full source code including any and all information needed to enable me to (potentially modify and) compile fully functional versions.

      So while you are perfectly free to develop DRM code under the GPL, you cannot expect to deny me the legal right to modify it. And that includes any DMCA rights to modify it.

      And while you are perfectly free to develop DRM code under the GPL, you cannot expect to deny me the the full and complete source code required to be able to compile functioning versions and modifications. And that includes any cryptographic keys required to create a fully functional compilation or derivative compilations.

      So you can develope DRM under the GPL, but you cannt expect to deny me the legal right to alter or remove that DRM and you cannot deny me the source information requires to alter or remove that DRM.

      You're free to develop DRM, but you have no reason to expectit to work.

      And people are trying to claim this is some evil GPL3 attack on DRM. Nonsense. Both points one and two above, all legal rights to modify and all information required to enable modification, they are the original foundation of the GPL. The GPL3 is merely clarifing those points and closing potential loopholes that people might attempt to use to violate the operation of the GPL.

      If you don't like the GPL, fine, don't use it. However you have no right to use MY code and then expect to DENY ME the legal right or the ability to use&modify DERIVATIVES OF MY OWN WORK.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Crossroads by Alsee · · Score: 1

      allowances will have to made for commercial use of code.

      Huh? The GPL already does allow commercial use.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  22. Is it just me? by Limecron · · Score: 0, Troll

    Is it just me, or is GPL v2 or GPL v3 just another license, and not something one could compare to a religion?

    1. Re:Is it just me? by Kadin2048 · · Score: 0

      Is it just me, or is the Bible just another book, and not something one could compare to the word of God?

      It all depends on your point of view. People get pretty funny about things they believe strongly about, be it religion, or free software, or political systems. In particular, they tend to develop attachments to written documents that express central tenets of their belief.

      It's just that within Free Software, that written document serves a dual purpose -- in addition to being a manifesto of sorts, it's also a license agreement.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:Is it just me? by Aladrin · · Score: 1

      Eh, I think it's just you.

      If you ignore the whole 'God' thing, a religion is a set of beliefs about proper and permission behavior. People tend to believe very strongly and act in an irrational manner to protect those beliefs.

      Open Source Licenses (still ignoring the 'God' thing, unless you count Linus) are pretty much the same.

      Commandsments? Check.
      Wrath of the Gods? Check. (Lawsuits and flames)
      Bitter wars? Check.
      Power struggles? Check.

      So no, I think it's a very apt comparison.

      (Comparisons in this reply were based on a certain religion not because of it's right-ness, but because of the familiarity of the author with this religion more than any other.)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    3. Re:Is it just me? by gnujoshua · · Score: 1

      Beyond it being a poor analogy. Philosophically there are big differences in the analogy made. The largest being that in the creation of the GPL 3, Stallman has prevented certain actions from taking place under very particular circumstances. That is, he is restricting the use of software when someone chooses to put it under the GNU GPL v3. Whereas the religious zealout he is compared to is cited as removing physical objects that already existed and destroyed them. Furthermore, instead of creating a legal option for the people, he created a culture of fear by leveraging the national religion as a political tool to justify his actions. To equate Stallman to a tyrant, religious or not, is unfair. Stallman has a simple mission with the GNU Project. When Torvalds chose the GPL as his license for the Linux kernel, that was his choice. When other chose to hop on board instead of building their own kernel, that was their choice as well. (Stallman, in fact, was creating his own kernel when Torvalds released Linux).

      There is no shortage of competition in terms of licenses and software, and if anything, the GPL version 3.0 is more compatible with more licenses than GPL Version 2.0 was. In that sense, Stallman has allowed for more interoperability in the software world, rather than less.

      It's not nice that they modded you down to a "troll".

  23. The issue is... by Pup5 · · Score: 2, Insightful

    ... will the corporate media pimp get their ho (Sen. Hatch) to make non-DRM supporting software illegal. It's not simply that content licensing should support non-DRM language, it's that programs need the same protection.

    The issue really is one of freedom, and I think Stallman sees that clearly. So perhaps Linus doesn't want to sign onto GPL-v3 because he sees this possibility, and realizes that corporate installations will quickly go to zero. Does that make Linus pragmatic, or a sell-out to the cause? You decide.

    1. Re:The issue is... by muhgcee · · Score: 1

      As I understand it, Linus never fully bought in to the cause. It seemed more like "Yeah, GPL works. Whatever. Now let's get back to work."

  24. The Schematic by Himring · · Score: 2, Funny

    In order to properly use this metaphore the following must be true:

    1. A pre-reformer figured must be burned at the stake by Rome (John Huss):
    2. A Luther figure must arise who, prior to converting to a 'reformed' faith beats himself with whips, sleeps on cold stone in discomfort and crawls over glass.
    3. Post conversion, he nails a piece of paper to a castle-church door listing 99 problems he has with the establisment.
    4. The peasants revolt in agreement with his claims, and he agrees to torture and kill them.


    Oh, and finally, Chuck Norris causes the real break with a roundhouse kick....

    --
    "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    1. Re:The Schematic by Rodong · · Score: 1

      3. Post conversion, he nails a piece of paper to a castle-church door listing 99 problems he has with the establisment. Wouldn't posting em on bugzilla be more 2006?

    2. Re:The Schematic by ClamIAm · · Score: 1
      2. A Luther figure must arise who, prior to converting to a 'reformed' faith beats himself with whips, sleeps on cold stone in discomfort and crawls over glass.

      Or, he could use Windows.

  25. Here's what you did say by GuloGulo · · Score: 3, Informative

    It's not ad hominem to point out that someone may have been paid to hold a certain opinion

    Which is factually incorrect. That is ad hominem. Whether he was paid or not has absolutely no bearing on the accuracy of his statements.

    You can check the accurracy of his statements and decide if they are correct. The source of funding doesn't change this.

    I realize yours is a widely held belief, but it's wrong.

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
    1. Re:Here's what you did say by gowen · · Score: 1
      Whether he was paid or not has absolutely no bearing on the accuracy of his statements.
      Of course it does. It doesn't invalidate his opinions (again, I never said it did), but it certainly has some bearing on why he might hold those opinions.

      "Consider the source."
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:Here's what you did say by Frymaster · · Score: 5, Informative
      That is ad hominem. Whether he was paid or not has absolutely no bearing on the accuracy of his statements.
      You can check the accurracy of his statements and decide if they are correct.

      correct. attempting to invalidate someone's statements by pointing out they have been paid to make them is ad hominem. just because a person, in a worst case scenario, makes a cynical statement merely for personal profit has absolutely no bearing on the truth of that statement whatsoever.

      now, having said that, i went and read the article and have come to the conclusion that the real purpotrator of fallicies in this thread is Jonathan Zuck himself. the entire rambling piece is little more than a bag of poor analogies propped up as straw men, miscontextualized quotes and mild ad hominem. this is a gross exercise in rhetoric that brings approprixmately zero new insight to discussion about the future of the gpl.

    3. Re:Here's what you did say by xoboots · · Score: 1

      No, you are wrong. He is not presenting fact -- he is presenting opinion. Pointing out who pays this fellow to write opinion pieces speaks directly towards the nature of those pieces. Your attempt to confuse this issue speaks volumes in its own right.

    4. Re:Here's what you did say by stewby18 · · Score: 2, Insightful
      Whether he was paid or not has absolutely no bearing on the accuracy of his statements.

      Of course it does. It doesn't invalidate his opinions (again, I never said it did), but it certainly has some bearing on why he might hold those opinions.

      Huh? The reason someone holds an opinion and the accuracy of a statement are completely separate concepts; I fail to see how you think your statement refutes the point you are replying to. Here's a little illustration:

      • a) The sky is blue. (I was paid to say so.)
      • b) The sky is blue. (I was not paid to say so.)
      • c) The sky is green. (I was paid to say so.)
      • d) The sky is green. (I was not paid to say so.)

      Statements a) and b) are accurate. Statements c) and d) are inaccurate. The paranthetical comments have, as has been previously said, absolutely no bearing on the accuracy of the statements. Only if you had no way to determine the color of the sky for yourself would it be interesting to know whether my message was funded by Convince People the Sky is Green Coalition.

      Bias can change motivation for saying something, but it cannot possibly change the fabric of reality to make something more or less true. The reason people use source criticism is because some statements are not independently verifiable or refutable (some historical documentation, for example) so understanding motivations for something having been written help people guess how accurate the statement might be. If you can verify the accuracy of a statement yourself, there's no need for source criticism and guessing.

      The quotes in the article are easily verifiable (or refutable), which leaves only what is clearly opinion. So in this case, unless someone is a sheep who is totally unable to decide if they agree or disagree with an opion based on merit, and simply blindly adopt the opinions of other who come from a blessed source and discard all others, there's no need to consider the source while reading the piece.

    5. Re:Here's what you did say by eno2001 · · Score: 0, Flamebait

      OK you fucking cowards. POINT to exactly where he said that the writer's opinions were invalid because of who was paying him. You CAN'T, because the original poster DIDN'T say that. He simply warned people to consider where the opinion was coming from. Anyone who doesn't want to consider the source is either a fucking worthless idiot who deserves the screwing he's getting in his asshole or supports the agenda being espoused.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    6. Re:Here's what you did say by GuloGulo · · Score: 1

      And his opinion is either accurate or it is not. His funding doesn't change that.

      I make no attempt to confuse anything, only to remove ignorance. If you'd like to clarify exactly what I'm confusing (since I never gave my opinon about any of the statements in the article) I'd be interested in hearing it.

      Or was that a not so subtle attempt to slander me as well?

      --
      "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
    7. Re:Here's what you did say by danielk1982 · · Score: 1


      Your attempt to confuse this issue speaks volumes in its own right.


      GuloGulo is using a very precise defintion for logical validity and Ad Hominem fallacy. It might not seem intuative but I encourage you to read the linked Wikipedia articles. He is right.

    8. Re:Here's what you did say by Taevin · · Score: 2, Insightful

      You and GuloGulo seem to have a very hard time with reading comprehension. Two quotes from gowen, emphasis added:
      It doesn't necessarily invalidate his opinion (and I never said it did -- that would be argument ad hominem) but it should cast a certain amount of doubt as to whether he reached those opinions through research, or is just parroting his employers opinions.
      It doesn't invalidate his opinions (again, I never said it did), but it certainly has some bearing on why he might hold those opinions.

      He specifically said twice that the source of Johnathan Zuck's funding does not invalidate his opinion. What it does do it shed light on the how and why he came upon his opinion. (Just to be sure you're still with me: this does not invalidate his position). Now, if it's obvious that someone routinely takes money in exchange for spouting off someone else's opinion, I'm less likely to believe (or at least take at face value) that person's view in the future. The reason being that it indicates this person does not do their own research which will inevitably lead to an incident where their paymaster gives them a complete and utter lie to spread. That is how it is relevent. It does not necessarily invalidate the positions taken by this person but it does mean that I will not treat that person as an authoritative source.

    9. Re:Here's what you did say by xoboots · · Score: 1

      You see, it is your choice of words to describe thing that is irritating. I did not try to "slander" you -- I was correcting you. Nor was pointing out the authors employer an "ad homeniem" attack -- it was simply presenting a fact.

      Opinions are not facts. They are neither right nor wrong so accuracy has little to do with the matter. He is not making an argument, he is making an analogy -- and the reasons for him doing so are themselves interesting. That is why it is completely relevant to show his source of funding. Understand that.

      Stop making this personal.

    10. Re:Here's what you did say by Anonymous Coward · · Score: 0

      I think you have the reading problem. Here's the quote that was being replied to above, again, with emphasis added:

      GuloGulo: Whether he was paid or not has absolutely no bearing on the accuracy of his statements.

      gowen: Of course it does.

      gowen said that it has a bearing on the accuracy of his statements. There's no wiggle-room in interpreting that. He made an argument that is clearly false--arguing that bias suggests reasons for holding an opinion is not the same thing as saying that bias affect the accuracy of a statement, and gowen clearly said the latter, and that's what this is about (whether he also said the former is totally irrelevant).

    11. Re:Here's what you did say by slagell · · Score: 5, Insightful

      Ah, if only every argument was a purely deductive proof that we could analyze as such. Then a person's bias would have little effect on the efficay of their arguments. However, there are 2 major problems. First, most arguments only contain bits of induction in a much larger argument that has deductive and inductive parts (usually some crap too). Instead of "proving" anything, they person making the argument will supply a bunch of evidence. Bias often causes people to highlight the "evidence" in their favor, and brush aside evidence not in their favor. So when you hear an argument from a person with a strong agenda, you really should stop to think about what counter evidence has been overlooked or brushed aside. The second problem affects even the purely deductive kind of argument that might bring Aristotle himself to orgasm. This is that we must still evaluate the premises of any argument, and decide if they are reasonable. Not knowing everything in the universe, people really on expert opinion in many cases to determine whether these premises are sound. So credability becomes very important. Thus, in addition to what is being said, who is saying it does matter. The court system certainly recognizes this with the use of "expert witnesses". You can never logically just brush something off as false because it was said by a certain person, just as being hypocritical doesn't make you wrong. But unless the argument made is a 100% deductive proof with very simple assumptions, then the "who" as well as the "what" is important in evaluating the argument.

    12. Re:Here's what you did say by slagell · · Score: 1

      I meant to say "bits of deduction in a larger argument that includes deductive and inductive parts". Oops.

    13. Re:Here's what you did say by Anonymous Coward · · Score: 0

      1. The sky is green. (I was paid to say so.)

      2. Author is Corporate Anti-OSS Shill. (Ad Hominem)

      I'll go with number 2.

    14. Re:Here's what you did say by Mr.+Underbridge · · Score: 1
      correct. attempting to invalidate someone's statements by pointing out they have been paid to make them is ad hominem. just because a person, in a worst case scenario, makes a cynical statement merely for personal profit has absolutely no bearing on the truth of that statement whatsoever. now, having said that, i went and read the article and have come to the conclusion that the real purpotrator of fallicies in this thread is Jonathan Zuck himself. the entire rambling piece is little more than a bag of poor analogies propped up as straw men, miscontextualized quotes and mild ad hominem. this is a gross exercise in rhetoric that brings approprixmately zero new insight to discussion about the future of the gpl.

      I'm not so sure what part of his analogy was poor, really. I certainly believe Stallman's beliefs verge on the religious. I also think GPL3 is his attempt to cut off the ideology that was his original goal from the practical applications it has spawned. As such, I think the article's analogies fit pretty well, actually.

    15. Re:Here's what you did say by TrekkieGod · · Score: 1
      If you can verify the accuracy of a statement yourself, there's no need for source criticism and guessing.

      Well, a lot of the time you could verify the accurate of a statement yourself, but you're not going to because that would cost time and/or money. Therefore, you look for somebody else's opinion who has reportedly done the verification for you. Whether you trust the opinion of this somebody else depends on many factors. One of them is, does he or his employer have a vested interest in what his opinion is?

      Now, you wanted an illustration, so let me try one. Let's say I want to watch the new "Pink Panther" movie. Now, I suspect that it might be utter crap, but I'm a fan of the old ones, so I'm undecided. I search for people's opinions who have seen it:

      • Person A tells me it's crap, but I know he dislikes the original Pink Panther movies too
      • Person B tells me it's crap, and we often agree in our opinion of previous movies
      • Steve Martin says it's good in an interview. He's in the damn movie

      Every one of the people above have their own biases for their opinion. For Person A and Person B, their biases are just the types of movies they like. For Steve Martin, it's because he's getting paid. The only way I can find out for sure if I'll like it or not is by paying for the ticket and spending the time to watch (let the bittorrent jokes commence). However, if I'm not willing to do that, Person B's opinion is obviously the less risky way for me to base my decision on.

      Always consider the source. We're not saying dismiss the opinion based on source, but consider it among all the other biases you're considering. Yeah, Steve Martin could be right, and I could like the movie, but if I'm going to verify it myself, why am I listening to other people's opinions?

      --

      Warning: Opinions known to be heavily biased.

    16. Re:Here's what you did say by kclittle · · Score: 1
      Well said! Wish I had mod points.
      -k
      --
      Generally, bash is superior to python in those environments where python is not installed.
    17. Re:Here's what you did say by civilizedINTENSITY · · Score: 1

      So then, in court, it shouldn't matter if a witness has strong reason to lie? We should listen to what they have to say, regardless of multiple perjury counts? Sorry, but the sort of ivory tower "ad hominem" label you apply is only useful in a vaccuum.

      "hether he was paid or not has absolutely no bearing on the accuracy of his statements."

      The point is that when disreputable people are paid to do a character assassination, the fact that they are disreputable and have been paid to do a character assassination should be relevant. At the very least, it is noteworthy.

      Now in terms of its content, this article is a joke.

    18. Re:Here's what you did say by civilizedINTENSITY · · Score: 1

      No,actually GuloGulo has apparently selectively taken 2/3rds of a definition, and applied it without consideration that failing to meet the third condition means that it fails the definition. It is worth reading the Wikipedia articles, because they do demonstrate that GuloGulo is wrong.

  26. What is the GPL3 Fight All About? by tabdelgawad · · Score: 3, Interesting

    This is a real question to those who have spent more time thinking about this and have a better understanding. My impression was that RMS is trying to respond to the possibility, courtesy of DRM and 'Trusted Computing', that a company could take GPL software, make (and publish) modifications, then release a version that cannot be modified further and still run. This would transform GPL software to a 'Look But Don't Tinker' variety. After a while, for example, you wouldn't be able to meaningfully branch a project. Is this about right? If so, is the fight about this goal of GPL3 or the particular methods/language it uses?

    --
    Imposing Libertarian views on everyone online since 1992.
    1. Re:What is the GPL3 Fight All About? by fritsd · · Score: 1

      As I see it, you're spot on. I haven't followed the discussion on the FSF site; but on www.groklaw.net there has been some discussion of exactly this facet.
      I believe there is a real example of a "tivo" video recorder that does precisely this digital restrictions management thing, but you'll have to read further on groklaw or www.fsf.org because I can't recall all the details. And the devil is in the details, as they say.

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    2. Re:What is the GPL3 Fight All About? by Alsee · · Score: 1

      Exactly right.

      There are people bitching that the GPL3 is "attacking" DRm, but it's nothing of the sort. those people are missing the fact that the very original purpose and operation of the GPL was to grant all legal rights needed to modify a program and for redistribution to make available all source information needed to compile functional modifications. The simple fact is that you CAN program DRM underthe GPL or the GPL3, but if you are giving people the legal right to modify that DRM software and giving them all source information to be able to functionally modify that DRM, then people can modify or remove that DRM. As simple as that. The GPL3 merely updates the GPL to clarify that very same original purpose and operation of the GPL and to close any loopholes people might try to use to violate that original purpose and operation of the GPL.

      The GPL3 merely makes explicit the original fact that trying to do DRM under the GPL is pointless.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  27. Oblig Monty Python: by blueZ3 · · Score: 1

    "...that would constitute an act of violence"

    Now we see the violence inherent in the system!

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  28. Oops, you stumbled there. by RealProgrammer · · Score: 1
    From TFA:
    According to Wikipedia, "Florence soon tired of Savonarola's hectoring," and so too are many turning their backs on Stallman. Stallman and the Free Software Foundation have every right to continue their ideological crusade against proprietary software, but will anyone follow?

    It seems the pundit would take joy in a "sectarian" fight between Free software and merely free software.

    Such a battle would probably not result in two entrenched ememies battling to the death (and to the delight of Microsoft). No, at worst they'd simply agree to disagree.

    Meanwhile, more and more code would be written under the GPL2, GPL3 and other such licenses. More people will ask, "What do you mean, it's 'free'?". They'll come to see that if they want that kind of thing to continue, all they have to do is what they can. The thing about giving is that it's contagious.

    The block over which such pundits stumble is always grasping the fundamental difference between [Ff]ree software and the closed kind. FOSS doesn't depend on market share. It doesn't matter if no one else in the entire world uses a program to which you have the source code. It will always be viable, and if you want it to be better, you can make it better.

    So who cares whether other people choose the GPL3 or not? Many undoubtedly will, and the world will be a better place for it.

    --
    sigs, as if you care.
  29. Attack of the killer motives by rumblin'rabbit · · Score: 3, Insightful
    It is all the rage these days to attack a person's motives rather than their arguments. I wonder sometimes if it's due to the prevalence of postmodernism in the universities, where subjectivity (e.g., "whose truth?") reigns supreme.

    It's sad and intellectually lazy.

    1. Re:Attack of the killer motives by gowen · · Score: 4, Insightful

      That would be a valid point if the author had constructed a coherent, fact-based argument. But in fact, the article is little more than a list of unsupported assertions about other peoples motives.

      And the natural reaction to such an article is to ask "Why would someone write such a thing?"

      And the answer is invariably the same : "Money".

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:Attack of the killer motives by WindBourne · · Score: 1

      And yet, it is shown with just about every one of these posting from MS backed people, that it is loaded with FUD as well as well as flawed logic. So, this is not exactly undeserved. After all, if somebody has shown to be a liar on the previous 100 statements, would you just blindly accept that they are telling the truth on their 101's statement?

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:Attack of the killer motives by rumblin'rabbit · · Score: 1

      Great, so why don't you criticize the article - not the author - as being "little more than a list of unsupported assertions about other peoples motives." That's fair game.

    4. Re:Attack of the killer motives by gowen · · Score: 2, Insightful

      It's not a criticism of the author to point out the name of his employer. It's simply a fact about the author.

      Whether that fact reflects badly on him is left as an individual decision for each reader.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    5. Re:Attack of the killer motives by TubeSteak · · Score: 1

      You must be new here.

      It's always been "the rage" to attack someone's motives.

      Motives are also always relevant, as it helps us put the facts into perspective. Or at least it does in a court room.

      Moving along, the game of "whose truth" is much older than you make it out to be. Various Churchs have had schisms over the "whose truth" matter and the debate is still older than that.

      Eventually, everything Old is New again...

      --
      [Fuck Beta]
      o0t!
    6. Re:Attack of the killer motives by the+Brightside · · Score: 1

      The prevalence of postmodernism in the universities is the cause for attacking people's motives? Have you not been paying attention for the past several thousand years? It has absolutely nothing to do with postmodernism. Take one of the extremely early examples that we have on historical record: the trial of Socrates. Rather than refuting his arguments about instruction, pedagogy, and the role of the philosopher in society, his opponents simply claimed he was "corrupting the youth" and attempting to revolt. They attacked his motives, not his arguments. To argue that postmodernism has anything to do with it is insane. The ad hominem attack is one of the oldest logical fallacies known to mankind and has existed since disagreement.

    7. Re:Attack of the killer motives by rumblin'rabbit · · Score: 1

      I never claimed that personal attacks were never known throughout history, only that they appear to be currently on the rise from recent decades.

    8. Re:Attack of the killer motives by rumblin'rabbit · · Score: 2, Insightful
      If an article is full of lies and distortions, then you should have no problem pointing that out. And if you can't, then maybe the article makes a valid point no matter who authored it.

      And quit using the word FUD when you disagree with something. Jeez, you sound like Pamela Jones.

    9. Re:Attack of the killer motives by Petrushka · · Score: 1

      the prevalence of postmodernism in the universities, where subjectivity (e.g., "whose truth?") reigns supreme

      I congratulate you. This is a very fine example of "poisoning the well", as advertised earlier in this thread. I guess it's true that people really do become what they hate.

    10. Re:Attack of the killer motives by mrraven · · Score: 1

      Yeah and all those studies funded by coal companies attempting to "debunk" global warming, and those funded by Monsanto that show GMO foods are safe just happen to coincide with the agenda of the sponsoring company. It's just pure coincidence and the billions of dollars at stake don't bias the research even .00000001%, NOT.

      Follow the money is a saying far older than "post modernism." Saying it's post modernist thinking ironically enough is itself an ad hominem attack that doesn't address the substance of the issue.

      So in sum I think that the motives of an organization that stands to lose billions if the GPL 3 motivations for publishing an article attacking the GPL are fair game. The essay writer is not a neutral party and should be called on his non neutrality and the funding of said non neutrality. For this is political in the same way that a Republican supporting a new fighter jet that just happens to be built in his his district is political, Don't be naive.

      --
      Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
    11. Re:Attack of the killer motives by rumblin'rabbit · · Score: 1
      Your point seems rather obscure, but I assume you're accusing me of accusing other posters of subjectivity. I think.

      That was not my point. The more radical forms of postmodernism (it's a rather amorphous field) do not believe in objective truth. The validity of an argument comes far more from who says it than what is actually said. In particular, the arguments of the oppressed (read female or visible minority) are generally assumed to be valid, and those of the oppressor to be invalid.

      With such beliefs, the question of who is making an argument becomes of paramount importance. Such an attitude might easily seep into student's brains whether they bought into the rest of postmodernism or not.

    12. Re:Attack of the killer motives by d34thm0nk3y · · Score: 1

      It is all the rage these days to attack a person's motives rather than their arguments. I wonder sometimes if it's due to the prevalence of postmodernism in the universities, where subjectivity (e.g., "whose truth?") reigns supreme.

      Fool me once, shame on you, fool me twice, shame on me.

    13. Re:Attack of the killer motives by Anonymous Coward · · Score: 0

      Some of us don't like "facts by proxy", if it can be reasonably shown that somone is just fronting an argument for another party it isn't out of order to dissmis it just because of this fact and spend time to attack arguments made directly by the concerned party.

    14. Re:Attack of the killer motives by Petrushka · · Score: 1

      I won't disagree with you about postmodernism -- well, not without heavy qualification, anyway -- I merely wanted to point out that it looks like you're doing the same thing to the postmodernists as the so-called-ad-hominem-ists in this discussion are doing to this Jonathan Zuck person. I agree with the post I cited that the accusations being levelled aginst Zuck aren't in fact ad hominem but poisoning the well: casting doubt on his words on the basis of something like, "well, what can you expect from the president of ACT?" I feel it's worth pointing out that if you substitute "well, what can you expect from a bunch of postmodernists?" it starts to look very similar to your own comment. I won't say, judge not lest ye be judged, or no judging would ever get done (and a lot of postmodernists richly deserve judging), but ... that kind of tactic is two-edged. Sorry if I came over harshly, but I just found it ironic :-) Hope you do too.

    15. Re:Attack of the killer motives by civilizedINTENSITY · · Score: 1

      Perhaps it appeareed self-evident that the article was "little more than a list of unsupported assertions about other peoples motives." Proposing a reason why such inchoherent misrepresentations would be published is the next order of business. Perhaps you need to catch up?

  30. No, it bloody well does not by Anonymous Coward · · Score: 0

    but it should cast a certain amount of doubt as to whether he reached those opinions through research, or is just parroting his employers opinions.

    This is where your argument fails miserably. You're implying that if the source were different, you'd not hold it up to the same level of scrutiny. Plus, even if he is only parroting his employers opinions, you are then making the assumption that his employers opinions are wrong, back to our friend ad hominem.

    Who would you trust more : a NASA scientist who warned you about global warning, or an Exxon scientist who told you that global warming was a myth? Why?

    Neither as they both could have agenda's. I'd take a look at what they said, evaluate it against the knowledge I currently have, and then decide if either is worth further investigation.

    Tell me : if you were on trial, would you like the witnesses against you to have been paid by the prosecution?

    Only if they got paid by the prosecution to lie. If they got paid by the prosecution and still told the truth (regardless of which side it may help), then that payment is irrelevant.

    1. Re:No, it bloody well does not by Bat_Masterson · · Score: 1

      I'd take a look at what they said, evaluate it against the knowledge I currently have, and then decide if either is worth further investigation.

      And if you don't have knowledge directly (or indirectly) pertaining to the issue, how do you evaluate the statements? Appeal to authority?

  31. FSF stands up against Big Money and Big Brother! by billybob2 · · Score: 4, Insightful

    Richard Stallman correctly predicted many of the ways in which Big Corporations and Big Brother will use DRM (also known as Digital Restrictions Management, Treacherous Computing, or Handcuffware) to enslave people. Just read the essay he wrote, titled "Can you trust your computer?" and look at some of the recent Slashdot stories and you'll see that he's been all along.

    I have nothing but respect for Stallman's courage to take on the powerful and wealthy interests that want to subjugate the populace. This is the time to show our gratitude for his uncompromising ideals by donating to the Free Software Foundation (which Richard Stallman founded and leads) and to the Electronic Frontiers Foundation.

  32. Not troll but astroturfer by Spy+der+Mann · · Score: 2, Interesting

    If the author had at least read the proposed draft of the GPLv3

    How can you be so naive? He DID read it. He was just paid to attack Stallman, since the GPL doesn't benefit Microsoft at all. Please, portraying Stallman as some kind of fundamentalist warlock who loves to burn books of art and science? Sheesh, that's falling low.

    At least CNET had the decency now to say who he works for at the bottom of the article.

  33. No, it doesn't by GuloGulo · · Score: 1

    You must judge the accuracy of the statements based on their accuracy alone. Whyhe holds those opinions is completely irrelevant to whether those opinions are accurate. You are considering something that has no bearing on the veracity of the author's statements.

    Continuing to insist that you are correct does not make you so. But, just because you like wikipedia, here's your refutation.

    http://en.wikipedia.org/wiki/Ad_hominem

    I understand that you want it to matter. I understand that you feel strongly, but you're wrong.

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
    1. Re:No, it doesn't by gowen · · Score: 2, Interesting

      I haven't made any statements, pro or anti, about the opinions Mr Zuck expressed.

      That's why its not ad hominem. For all you know, I may agree with him.

      It would still be wise to consider the source: this is politics, not formal logic.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:No, it doesn't by Dashing+Leech · · Score: 3, Insightful
      "You must judge the accuracy of the statements based on their accuracy alone."

      Am I the only one who sees that this whole string of arguments is about 2 different things? Well, it looks like a few people have tried to point it out.

      It is absolutely 100% correct that the accuracy of a statement has nothing to do with whether someone was paid to say it or not. Attacking the messenger or their intentions is indeed ad hominem. But that's not what the other side of the argument is here.

      If you only have the statement, you don't know it's accuracy. You have absolutely nothing to judge it on with respect to "truth data". The issue here isn't the accuracy of the statement because you can't check it. The issue here is the confidence in the accuracy of the statement with no available "truth data". If it is someone with a background in presenting objective information, there is more confidence that their statements are accurate than someone who clearly has a self-interest in being subjective.

      Confidence and likelihood are statistical tools and are useful for a best guess. There is no such thing as an ad hominen attack on confidence. Likelihood and confidence a part of reasoning, but it is not closed form like pure deductive reasoning.

  34. Your sig by XanC · · Score: 1

    I think you need to escape the exclamation point.

  35. Whew... by HardCase · · Score: 1

    For a second there, I thought that Tom Wolfe was the latest convert to Open Source zealotry.

    -h-

  36. I think the point is that Stallman is a fanatic by blueZ3 · · Score: 2, Insightful

    like Savonarola.

    I'm not against free software; I use and enjoy an number of free and open source apps. Heck, I've even contributed to the documentation efforts of some projects of this type. I suppose I support, in a general way, the four freedoms in the parent article, though calling software restrictions "violence" is, IMO adolescent.

    But I'm opposed on principle to any fanaticism, whether it be in favor of free software or Microsoft products. The type of rabid dogmatism propounded by Stallman is the enemy of rational thought and compromise. In my view, these (rationalism and compromise) are two requirements for the advancement of science/technology and continuance of civil society.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
    1. Re:I think the point is that Stallman is a fanatic by Anonymous Coward · · Score: 0

      So you are saying you are against the author of the article? You weren't conclusive.

    2. Re:I think the point is that Stallman is a fanatic by Maximum+Prophet · · Score: 2, Insightful

      It's violence because if you break current copyright laws, eventually big men with guns show up to force you into the government's way of thinking.

      Some legislator said that we should keep in mind that if there's any spending bill that your grandmother doesn't want to pay for, the IRS will send people with guns to collect the money to pay for that bill. This is similar. You may not like any given law, but if you don't follow it, eventually someone with a gun will persuade you that you should follow the law.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:I think the point is that Stallman is a fanatic by r_a_trip · · Score: 2, Insightful

      Being against very strong beliefs per default, is being fanatical about being moderate.

      Rationalism and Compromise might be good in certain circumstances, but there are others in which it makes people collaborators and war criminals.

      --
      # touch universe # chmod +rwx universe # ./universe
    4. Re:I think the point is that Stallman is a fanatic by amliebsch · · Score: 1

      Of course, if we follow that line of reasoning, all law is a form of violence. Which it is, in a sense. I'm not sure that's as persuasive an argument for anarchy as you seem to think it is, though.

      --
      If you don't know where you are going, you will wind up somewhere else.
    5. Re:I think the point is that Stallman is a fanatic by blank_vlad · · Score: 1

      And by Stallman's own logic, the GPL, which depends on copyright law, is also violence.

      --
      Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats.
    6. Re:I think the point is that Stallman is a fanatic by shutdown+-p+now · · Score: 1
      In my view, these (rationalism and compromise) are two requirements for the advancement of science/technology and continuance of civil society.
      What if you end up compromising with something strongly irrational?
    7. Re:I think the point is that Stallman is a fanatic by Maximum+Prophet · · Score: 1

      Except that Stallman, unlike say Adobe, or Microsoft doesn't call out the goons when you violate GPL, instead using persuasion and community activism to get you to abide by it.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    8. Re:I think the point is that Stallman is a fanatic by Maximum+Prophet · · Score: 1

      No, there's plenty of law of the form of "National Hotdog Week." Congress just says X is a good idea, rather than forcing it down someone's throat.

      I'm not the anarchist/ libertarian you might believe. I just think our elected officials sometimes take things too lightly, or pass laws they don't think will impact themselves, so "why not?" When city officials decide to condemn people's houses in order to build a shopping mall, that's going too far.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  37. Bonfire of the editors. by Kadin2048 · · Score: 1

    As opposed to our esteemed Slashdot editors, who post ...

    Oh, wait. Nevermind.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  38. MOD PARENT DOWN!!! by gEvil+(beta) · · Score: 5, Funny

    Parent post is critical of Google and Apple!

    --
    This guy's the limit!
  39. Re:More accurately, it would be "Poisoning the Wel by gowen · · Score: 3, Interesting
    This calls his integrity into question because of his employment circumstances.
    I'm sorry, but the man who masterminded the Microsoft Anti-trust astroturfing campaign is on fairly shaky ground, integrity wise.

    And besides, I didn't call his integrity into question. I merely provided additional information with which interested readers could make up their own minds. Additional information is never a bad thing.
    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  40. Re:FSF stands up against Big Money and Big Brother by ClosedSource · · Score: 1

    Given the fact that DRM hasn't been widely implemented yet, it's premature to crown RMS as the oracle who got it right.

  41. Hell in a handbasket? For liking Microsoft? Nah. by MS-06FZ · · Score: 1

    Actually, not a handbasket, but a Subaru Brat.

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
  42. Re:More accurately, it would be "Poisoning the Wel by TubeSteak · · Score: 1
    Yes, but that statement is forward looking.

    It assumes that you know what his position will be because of his current employement.

    Would it still be a fallacy if the statement was:
    "My opponent is a dentist, so of course he opposed the fluoridating of water, since he will lose business." (Circumstantial)
    In that case, it seems like you're making a pointing based in fact, not assumption.
    --
    [Fuck Beta]
    o0t!
  43. One Gods by Doc+Ruby · · Score: 3, Funny

    Clearly GPL 1 is the "Old Testament": the original, not very popular. Settled down after an initial conversion onslaught into just a small community handing it down thru generations on conservative faith in the simplest expression of the "One License" inspiration.

    GPL 2 is the "New Testament": hugely popular sequel, reforming the original and claiming its legacy. More complex, but more comprehensive to absorb adherents of other licenses. Taking over the world as the old "panoply of proprietary licenses" paradigm fades.

    GPL 3 is the "Last Revelation": deriving from the first two licenses in succession, attempting to leverage the success of the second edition into total world domination among a much more diverse population. Impeded by continuing success of the second version.

    This comparative license religion note brought to you by an atheist, into the public domain.

    --

    --
    make install -not war

    1. Re:One Gods by sharkey · · Score: 1
      GPL 3 is the "Last Revelation": deriving from the first two licenses in succession, attempting to leverage the success of the second edition into total world domination among a much more diverse population.

      Dogs and cats living together, mass hysteria!!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    2. Re:One Gods by Just+Some+Guy · · Score: 1
      GPL 3 is the "Last Revelation"

      So we have to decide whether RMS is more like Joseph Smith or L. Rob Hubbard? I'll be a Free Software Mormon if you expand that polygamy thing a little bit. Oh, and also allow beer.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:One Gods by Doc+Ruby · · Score: 1

      I was thinking Mohammed. With Joseph Smith more like GPL2.1 for Windows, and Elron Hubbard more like Cialis.

      --

      --
      make install -not war

  44. Important disanalogy by Anonymous Coward · · Score: 0

    This Savonarola fellow's cause was objectively not good. He was trying to suppress science, creativity, and progress in general, in exchange for religious fundamentalism. Stallman on the other hand is trying to prevent a genuinely evil state of affairs (for that is what the information police state enabled by a ubiquitous DRM infrastructure would be) from obtaining. The ideals of the Free Software Movement are, objectively, good.

    So the analogy fails on this cruicial point.

  45. Please Mod Parent Up by MrAnnoyanceToYou · · Score: 1

    Spent my mod points, and I'm sad. Noone deserved them more than you.

  46. What if everyone gave stuff away? by Maximum+Prophet · · Score: 1

    ...there's something wrong with me giving away something that I own. What's so immoral, anti-social, or religious about giving someone a gift?

    Ack, our whole capitalistic system would come crashing down if everyone started sharing with everyone else. It would mean the end of civilization as we know it, dogs and cats living together, panic in the streets.*



    *Satire, for the humor impaired.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  47. Op-Ed as FUD by Mr.+Slippery · · Score: 1

    Jonathan Zuck is founder and president of the Association for Competitive Technology. ACT is regarded by many as a Microsoft mouthpiece.

    Of course they'd love to drive a wedge between the Free Software and Open Source camps. It's no surpise that this piece insults RMS's Fee Software philosophy by dimissing it as religious, and claims that it has never produced anything (that's why RMS is insistant on the "GNU/Linux" label, to help prevent anti-Free Software FUD like this.)

    It's a crock.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  48. Separation of code and content by RomulusNR · · Score: 2, Insightful

    GPL is for code, CC is for content. I don't see a schism there.

    --
    Terrorists can attack freedom, but only Congress can destroy it.
    1. Re:Separation of code and content by Anonymous Coward · · Score: 0

      Code is content. It is the most powerful content there is, because it can actually do stuff by itself.

      CC is crap. It's crap because when I see "CC licensed" on some web page, I have no idea which of the various licenses it means. It is a pure warm and fuzzy sticker with no meaning, like a bumber sticker that says "mean people suck" or something.

      There is only one copyright law that applies to both code and content. Why do we need separate licenses ?

    2. Re:Separation of code and content by RomulusNR · · Score: 1

      A N O N
        PEO PLE
        S U C K

      --
      Terrorists can attack freedom, but only Congress can destroy it.
  49. Re:FSF stands up against Big Money and Big Brother by SeeMyNuts! · · Score: 1

    I don't think this is an issue of slavery or religion. People need to realize that software isn't handed down from heaven and that RMS isn't some sort of divine prophet! What DRM will most likely do is remind people they can do without the cheesy movies and music they've been buying lately. It is unlikely that this will cause some new Dark Ages, because people will very quickly realize how confining DRM is in an "information society". It could even drive people, whether they realize it or not, to use sources like Wikipedia over DRM-o-pedia, and, when DRM starts making a real dent in their pocket books, people also may be driven more towards open source desktops. I suspect that older DVDs and audio/data CDs will have absolutely tremendous staying power, because HDTV/HDCP/blahblahblah is confusing the hell out of everyone.

  50. Read my post again by GuloGulo · · Score: 1

    "I haven't made any statements, pro or anti, about the opinions Mr Zuck expressed."

    I neve claimed you did, and I know you didn't. That said, it still doesn't matter.

    His statements are either accurate or they are not. ALL other considerations are irrelvant, because they do not change the accuracy. Even if he were the most biased individual on the planet, his statements are either accurate or they are not.

    You seem to think that your endorsement/denunciation is what matters. It does not. By simply bringing up the idea that the authors bias may influence the accuracy of his statements, you are committing ad hominem.

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
    1. Re:Read my post again by maxwell+demon · · Score: 1

      Please show me one human in the world whose statements are never influenced by his bias. I strongly doubt that you can show me that person. Please note that this influence isn't necessarily intentional. Your bias has an influence on what information you get, what information sources you consider reliable and what information you consider important.

      And yes, also my statements may be (and probably are) influenced by my bias (although not intentionally). I guess I'm now doing an ad hominem against myself :-)

      BTW, the accuracy of the statements are not the only (and not even the most important) place where a bias can show up. More importantly it's the selection or presented facts and arguments where bias shows.

      For example, imagine in Ad Hoc City there were 1000 crimes this year, but 1200 crimes last year. Now you can report that there were 1000 crimes, and that this is bad. Which are absolutely correct and accurate statements. You can also say that there were 200 crimes less than the year before, and that this is a positive development. Which are also absolutely correct and accurate statements. Yet if you contrast both, you'll easily see the different bias.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Read my post again by civilizedINTENSITY · · Score: 1

      "By simply bringing up the idea that the authors bias may influence the accuracy of his statements, you are committing ad hominem."

      ...and also performing a public service.

  51. MOD PARENT RETARDED! by Anonymous Coward · · Score: 0

    Notice the posts from Zealots in any Apple or Google article. Open your fucking eyes jackass.

  52. An interesting article by rumblin'rabbit · · Score: 2, Insightful
    I think the article makes a fair point, although it could have used more facts and explanation.

    RMS has repeatedly stated that he considers all proprietary software evil. Eben Moglen views are similar (e.g., read "Freeing the Mind : Free Software and the Death of Proprietary Culture").

    http://emoglen.law.columbia.edu/publications/maine -speech.html

    These are radical views, and out of sync with many supporters of open source software. Indeed many programmers wonder how they are supposed to make a living if all proprietary software is abolished. It seems a reasonable assertion that this will eventually cause a rift in the open source movement.

    1. Re:An interesting article by Anonymous Coward · · Score: 0

      Hummmm. Where have you seen RMS declaring ALL proprietary software evil? In fact, he has supported closed source for small markets. He does object to proprietary software tyring to use OSS software and wrap around it. He is very against a company trying to close software that was open. At this point, you are putting words in his mouth that he has not uttered.

    2. Re:An interesting article by zotz · · Score: 1

      [It seems a reasonable assertion that this will eventually cause a rift in the open source movement.]

      First. You word it wrong. ... rift between the Free Software movement and the open source software movement. That's probably better.

      Second. Wake up. It has caused this rift long ago already.

      Third. It doesn't matter. The FS people use the GPL for their reasons and the OSS people use the GPL for their reasons. They can both use each other's code. They can all even work on the same projects without knowing who is who. So far no big problem.

      Fourth. OK, I think it does matter, but the points above do hold.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    3. Re:An interesting article by rumblin'rabbit · · Score: 1
      Here's a quote from an article:
      RMS: Proprietary software is unethical, because it denies the user the basic freedom to control her own computer and to cooperate.
      The entire article is here:
      http://www.linuxdevcenter.com/pub/a/linux/2004/12/ 22/rms_interview.html
      I think it's a minor point whether unethical is the same as evil.
    4. Re:An interesting article by Anonymous Coward · · Score: 0
      I think it's a minor point whether unethical is the same as evil.
      It's the difference between an corrupt politican and the Hitler or Stalin.
  53. Begs the question of freedom versus pragmatism by 2901 · · Score: 4, Insightful

    The article casts Stallman as impractical. However the freedoms in the GPL are of practical importance. One might for example be using GPL software in a large organistion to get away from per seat licencing, using the freedom to share the software with multiple employees. If some "pragmatism" finds a way round GPL 2 so that you have to pay per seat for the link to the website that enables the software, that is not very practical for the users.

    If you are going to do what the article does and merely assert that freedom is in opposition to practicality, you are saying nothing at all.

  54. Re:What is the problem?! (MOD PARENT UP) by clear_thought_05 · · Score: 1

    Well said and I do agree! However you must understand the serious issue about having to lose certain rights by accepting certain agreements which are unavoidable with certain software. And my most serious example would be someone who couldn't understand or know any better and ends up using some windows software and in turn he or she loses his right to certain privacy, security or unfair regulations on what they can do with their own personal work or hardware. While you can argue no one is "forced" to use windows, in reality they are *still* more or less monopolistic AND without knowing any better people have no choice really.

  55. religion mixed with M$??? by Geak · · Score: 0

    So - what would happen if microsoft's EULA's were compared with religion???

    Somewhere in M$ Headquarters:

    BALLMER: The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee.

    Bill G: NOOOOO!!!!

    BALLMER: (Throws chair)

  56. Wouldn't bother me at all by Anonymous Coward · · Score: 2, Insightful

    Nor would a major kernel fork. Linus is a smart coder, but I don't trust him on the political and legal side of things. It's a low priority for him. He could lose those freedoms (or never had had them in the first place) that allow him to continue without "political types" coming up with such things as the original GPL. Ignore bogus laws, patents, DRM at your own peril. You can't just pick and choose which parts of the total world to live in. We are very close to patenting and DRM and the DMCA and such to effectively crippling free and open source. Just standing back like he wants to do and thinking that nothing is going to happen is *more* than a touch naieve and is falling into the wishful thinking camp. If we don't fight back in advance of more bogus behavior by the big corps and governments, we could find ourselves being on the wrong side of a lot more laws, many more than what we face now.

    Get with the times or move on. You can either recognize the threat, or stick your head in the late night coding sand like an ostrich and not even see the dumptrucks full of heavy rocks sneaking up on you to bury anything you might do.

  57. YHBT YHL HAND by Anonymous Coward · · Score: 0

    notext ASS

    1. Re:YHBT YHL HAND by Anonymous Coward · · Score: 0

      Cock goblin....

  58. Why are you so mellow on the issue? by NDPTAL85 · · Score: 1

    Don't you think an issue as important as desktop computers, MP3 Players and DVDs requires comparisons to things even more important than salvery and subjugation? Why not compare it to the holocaust as well?

    When are we going to get people who can TRULY appreciate the mighty moral heros the FSF are! Without them risking life and limb for our freedoms everyday, we would simply NOT be able to pirate as much media as we currently can!

    --
    Mac OS X and Windows XP working side by side to fight back the night.
    1. Re:Why are you so mellow on the issue? by Schraegstrichpunkt · · Score: 1
      Don't you think an issue as important as desktop computers, MP3 Players and DVDs requires comparisons to things even more important than salvery and subjugation? Why not compare it to the holocaust as well?

      If you believe this is a plausible future, then it's not really that unreasonable of a comparison.

    2. Re:Why are you so mellow on the issue? by Anonymous Coward · · Score: 1, Funny

      You mean the future could be a boring-ass poorly written short story?

    3. Re:Why are you so mellow on the issue? by koreaman · · Score: 0

      I don't believe that's a plausible future. But even if I did, I wouldn't be too worried about it. I think people who write books have every write to prevent people from reading them, if they so desire. The only absurd bit is the "prison for many years".

  59. Oh really. by Elemenope · · Score: 2, Interesting
    Don't trust anything on faith, use reasoning.

    How do you know you are not a brain in a vat?

    ...that the Universe wasn't created intact thirty seconds ago?

    ...that the laws of physics are the same as they were yesterday and will be tomorrow?

    There's an answer, and it sure isn't 'reasoning'. Deductive logic can only carry you someplace after there are established axiomatic statements which, definitionally, must be taken on faith. In any reasonable conversation, particularly one in which one is not an expert on the subject at hand, a modicum of faith in the statement of facts is not only reasonable, but also practically necessary. How far that faith should extend is a function of trust in those sources, which I believe is what the GP argument is all about.

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    1. Re:Oh really. by ClosedSource · · Score: 1

      Axiomatic statements are assumed to be true by definition, it has nothing to do with faith. Using them in the context of trusting or not trusting individuals or organizations is simply an attempt to cloak a poor argument in scientific clothes.

    2. Re:Oh really. by Anonymous Coward · · Score: 0
      The answer is: you don't.

      Big deal, none of that is relevant to a discussion about someone's possible motives.

  60. And you misunderstand the definition by GuloGulo · · Score: 2, Informative

    I've grown tired of this exchange, but I'll say this and then end it.

    Gowen has committed ad hominem, regardless of his position on the author's statements. They are verifiable or they are not.

    Bringing up his motivation for making those statements is the ad hominem. Whether you beleive tham is not the consideration. I think that is where your confusion comes from. I'll say that again, it doesn't matter if you denounce/endorse the author's statements, because that is not the ad hominem, the act of bringing up the author's bias is the ad hominem.

    I've said this as many ways, and as many times as I care to. Educate yourself or not, I'm finished with it.

    http://en.wikipedia.org/wiki/Ad_hominem

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
    1. Re:And you misunderstand the definition by Taevin · · Score: 3, Informative
      According to your own link:
      A (fallacious) ad hominem argument has the basic form:
      1. A makes claim B;
      2. there is something objectionable about A,
      3. therefore claim B is false.

      You'll notice that gowen has not made an argumentum ad hominem because he has not made an argument of that form. He has only said parts 1 and 2 of the above form. Never did he say "Mr. Zuck made this claim but he received money from ACT, therefore what he said is wrong."

      If I may further direct to you to the strangely titled "Validity" section of the wiki link:
      "Evidence may be doubted or rejected based on the source for reasons of credibility, but to doubt or reject a deduction based on the source is the ad hominem fallacy."
      Again: "Evidence may be doubted or rejected based on the source for reasons of credibility..." That is all you can 'accuse' gowen of doing. All he did was point out who the author works for so that you can decide for yourself if the author or his employer has any credibility. Again, only to "doubt or reject a deduction based on the source is the ad hominem fallacy." gowen has not made any comment doubting the validity of Zuck's deduction. Hell, unless I've missed one of his posts, he hasn't made any comment on the deduction at all.

      If you want to say that perhaps it was unnecessary to bring up the author's employer, fine. If you want to say that perhaps it is misleading or shady or some other subjective description, fine. But it is not an argumentum ad hominem.
    2. Re:And you misunderstand the definition by TXG1112 · · Score: 3, Informative
      The world is not a Greek forum, strict logic is not always the most useful view of the world.
      From that wikipedia article you enjoy linking so much:
      Such arguments are not necessarily irrational, but are not correct in strict logic. This illustrates one of the differences between rationality and logic.

      While the fact that someone is being paid to hold an opinion does not in fact affect the validity of that opinion, anyone who takes that opinion at face value is an idiot. What it affects is how thoroughly one should verify the validity of that opinion. Gowen is making a rational case to thoroughly verify the opinion, not attacking the opinion itself. One is common sense, the other is Ad Hom. If you can't see the difference I don't know what to tell you.

      --
      I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered. My life is my own.
    3. Re:And you misunderstand the definition by Lochin+Rabbar · · Score: 3, Informative

      "Gowen has committed ad hominem, regardless of his position on the author's statements. They are verifiable or they are not."

      He may have committed ad hominem, but he hasn't committed a fallacy. Ad hominem is only a fallacy in deductive reasoning which deals in absolutes. However Gowen only invites us to hypothesise that the article is tainted not to regard it as a certainty. That is abductive rather than deductive logic, and in the real world abductive logic is usually a more useful tool than deduction. Given the number of observations of those funded by MS making bogus statements about the GPL, and the puacity of truthful statements on any subject from such sources it is reasonable to infer there is rule that such sources are tainted.

      One only needs to glance at the article to see that in this case that the hypothesis is not disproven. This gives further weight to the theory that any source funded by MS is untrustworthy.

      Since none of us have the time nor ability to independently verify every source of information out there only a fool would dismiss the utility of sifting information according to the likely veracity of its source.

    4. Re:And you misunderstand the definition by honkycat · · Score: 1
      Yay, someone who can read! TXG1112 makes a good point as well.

      Also from the Wikipedia article:
      Ironically, accusing an opponent of ad hominem can itself be an example of ad hominem if it is worded as an insult: [...] "My opponent is resorting to logical fallacy to win. [...]"
    5. Re:And you misunderstand the definition by WilliamSChips · · Score: 1
      The world is not a Greek forum
      Of course not, the Romans, not the Greeks, had fora! You mean "The world is not a Greek agora" ;) (I don't have anything useful to contribute here, so I'm just giving you a lesson on ancient history :P)
      --
      Please, for the good of Humanity, vote Obama.
    6. Re:And you misunderstand the definition by civilizedINTENSITY · · Score: 1

      To which we hear the reply, "But the fact that I'm using a fallacy shouldn't discount the worth of the fallacy."

  61. None of which matters by GuloGulo · · Score: 1

    Or refutes the facts I have posted. I appreciate your attempts to clarify the situation, but introducing more logical fallcies doesn't help.

    Gowen committed ad hominem. Your post changes the subject, but not that original fact.

    And now, because this has descended into uselessness, I'll go now.

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
  62. Re:What is the problem?! (MOD PARENT UP) by amliebsch · · Score: 1
    certain agreements which are unavoidable with certain software

    The agreements are always avoidable. Don't use the software. If people cannot be bothered to even inform themselves about what rights they are trading away by accepting those EULAs, then they have no right to complain.

    --
    If you don't know where you are going, you will wind up somewhere else.
  63. Mod parent UP by orzetto · · Score: 1

    The article cannot be taken seriously. All it does is comparing Stallman to Savonarola, and quote Linus' comments on a mailing list. It gives the (false) impression that Linus is campaigning against the GPLv3. It does not actually discuss any flaw in the GPLv3 for a single line.

    --
    Victims of 9/11: <3000. Traffic in the US: >30,000/y
    1. Re:Mod parent UP by Grab · · Score: 1

      Linus is not actively campaigning against it, and I didn't see the article claim Linus was campaigning.

      What he's actually doing is refusing to work with it. He's read it, concluded that it is not suitable for Linux, and as a result will not allow any Linux kernel code to use that license. He's not the only one either.

      As for Linus's opinions of the flaws, these are already well-documented in many other articles. Would you expect an article about 9/11 to summarise every event on that day? Of course not, bcos that information already exists.

      Grab.

  64. Hey nitwit, you forgot to pin Armagedon on there. by Stumbles · · Score: 1

    Oh geez. Now they have to throw in some religious bullshit. That pretty much shows you how little of a journalist he is.

    --
    My karma is not a Chameleon.
  65. Except... by GuloGulo · · Score: 1

    "I did not try to "slander" you -- I was correcting you."

    But I wasn't wrong. I'm not wrong now either. You simply misunderstand the fallacy you claim to understand.

    I encourage you to read the links I've provided. You'll see why you're off base here.

    Please don't assume because you think you're right that you are. You've made a mistake, learn from it.

    And you get the honor of being the very last resonse for me in this thread.

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
    1. Re:Except... by xoboots · · Score: 1

      *sigh* I suppose you think that you stating you are correct makes you correct? I know very well the meanings of the words I am using and that you are using -- thanks. "ad hominem" does not apply every time someone states a fact about someone, sorry. It doesn't apply here because the original poster who mentioned the said fact didn't suggest that the opinion be rejected but rather that it be known who the opionion maker worked for. Do you see now? Actually, I don't care anymore.

    2. Re:Except... by civilizedINTENSITY · · Score: 1

      "Please don't assume because you think you're right that you are. You've made a mistake, learn from it."

      Good advice. Unfortunately you seem immune...

  66. read before commenting...... by Danathar · · Score: 1

    I find it facinating how many people will TRASH the GPLv3 based on other people's comments. PLUS...it's a draft! It has yet to be finalized. I think it rather short-sited of Linus to throw out the GPLv3 before it's been finished, finalized and released.

    If you don't like what is currently in it, send in comments to the FSF! The license is being developed with input from everybody.

  67. Correct analogy nevertheless. by Anonymous Coward · · Score: 0

    GPL crowd includes a lot of people that are vocal, pushy and recruitive. And ignorant and intolerant to the criticism at the same time.

    These are THE properties of religious fanatics, so the analogy is pretty accurate.

  68. And I stopped reading the article at... by Jack9 · · Score: 1

    According to Wikipedia, "Florence soon tired of Savonarola's hectoring," and so too are many turning their backs on Stallman...

    Wikipedia is not a reputable source. Cnet is not a news outlet. I can't believe /. puts banner links [now with DRIVEL TEXT (tm)] as articles...

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
    1. Re:And I stopped reading the article at... by Random+Guru+42 · · Score: 1

      There's enough information in print and in electrons that backs up what WP has to say about Savonarola. And personally, I saw the direction Stallman's been going in the past while quite some time before this, and the parallels between the two men are astounding.

      Personally, I'd say you have some bigotry or zealotry about you, either religious (are you a Dominican Catholic?) or philosophically, that prevents you from rationally dealing with this subject. Fnord.

      Sure, some of the GPL3 changes are for the better, but as a content creator and owner, I still feel that the good of it is outweighed by the bad. Your trollish behaviour easily belies your strong bias, so I don't expect you to take any of this too well, but perhaps you should calm down, and re-read it all? Perhaps go to the library and look up Savonarola in an old-fashioned encyclopaedia just to ensure that yes, this is very much the same scenario?

      --
      Christopher S. 'coldacid' Charabaruk -- coldacid.net
    2. Re:And I stopped reading the article at... by Jack9 · · Score: 1

      Nothing to see here, move along to Where this Cnet hack got his ENTIRE NON-story from

      and a nice link to some reading you'll enjoy

      My comment had nothing to do with the GPL 3 improvements, which I support. SO the majority of the parent is nonsense. You might enjoy high-school English papers which overuse metaphors to fill up space for a homework assignment. Congratulations, you're a Cnet reader. I think you need to re-read my comment and rethink your reaction.

      As per my comment, Wikipedia is not a source for information. Anyone who quotes wikipedia as a source is a hack trying to push an agenda. I don't quote /. comments as a source and I can't support quoting wikipedia (which amoounts to a volatile communal comment). The fact that you have to defend Wikipedia's content with "a majority of other random sources I read were kinda the same" belies the SERIOUS problems. There's a very good chance that the wikipedia entry will have MISINFORMATION now that it's made the front page of /. To pull this out of the realm of philosophy, poor design is to blame when information is the most inaccurate and least available when it's most requested. That's wikipedia.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
  69. No by InfiniteWisdom · · Score: 0, Offtopic

    No

  70. Insightful? No. Complete, utter, bullshit? Yes. by whatthef*ck · · Score: 1
    THE RIGHT TO SHARE

    We believe that all the fruits of all human endeavour properly belong to all of humankind.

    My car is a fruit of my endeavors. Come to my house sometime and try to drive it away and see what happens to you.

    Nobody has the right to impose their will on my neighbour and say that they should not use a particular program: to do so would be a form of violence.
    It's called Freedom of Contract: The right to deal with others on mutually agreeable terms, and to have those agreements honored. If I sell or otherwise provide you with some software on the condition that you don't "share" it with your friends, then you are obligated to honor that agreement. If you don't like those terms, then don't accept the software. Even the GPL recognizes this, as evidenced by the restrictions it imposes on me, should I choose to use a piece of GPL software.
    1. Re:Insightful? No. Complete, utter, bullshit? Yes. by ajs318 · · Score: 1
      My car is a fruit of my endeavors. Come to my house sometime and try to drive it away and see what happens to you.
      I am not asking to drive away your car -- then you would no longer have it. However, I believe that I would be perfectly within my rights to run my own measuring instruments over your car some time while you were not using it, taking all reasonable care not to damage your car, and take notes on my own pad with my own pencil; then build another car, exactly like yours or with certain differences of my own choosing, using my own materials, my own tools and my own labour.

      That is the fundamental difference. As the manifesto says, "Software can be shared without being diminished by the act of sharing".
      --
      Je fume. Tu fumes. Nous fûmes!
    2. Re:Insightful? No. Complete, utter, bullshit? Yes. by whatthef*ck · · Score: 1
      I am not asking to drive away your car -- then you would no longer have it.
      Wait a minute, according to you, my car belongs to all of humankind, since it is a fruit of human endeavor. By that logic, I have no right to prevent others from driving it.

      Do you see now how moronic your logic is?

      However, I believe that I would be perfectly within my rights to run my own measuring instruments over your car some time while you were not using it, taking all reasonable care not to damage your car,
      Well, it's sitting in my garage right now. I'm not using it. Why don't you try to lay a measuring tape on it and see what happens to you?

      and take notes on my own pad with my own pencil; then build another car, exactly like yours or with certain differences of my own choosing, using my own materials, my own tools
      What's this "my" bullshit you're talking about? According to you, you don't "own" anything, but instead those tools belong to "all of humankind."

      If the creator of a piece of software doesn't have the right to dictate the terms under which others may use that software, then the GNazis are some of the biggest violators in the world, because they certainly do that with the GPL.

    3. Re:Insightful? No. Complete, utter, bullshit? Yes. by ajs318 · · Score: 1

      You are still missing the important distinction. Certain things -- such as a car -- will be diminished by the act of sharing, and so can be considered subject to ownership. Other things are not diminished by sharing. The canonical example being that if you light a candle from my already-lit candle and then take it away, my room does not get any darker than it was before. Such things are, once a prototype exists, infinitely plentiful and cannot be considered subject to ownership.

      If I copy a piece of software from you, you still have the original. You lose exclusivity over that software -- but that would be a form of artificial scarcity, which is absolutely not welcome in the Age of Plenty.

      --
      Je fume. Tu fumes. Nous fûmes!
    4. Re:Insightful? No. Complete, utter, bullshit? Yes. by whatthef*ck · · Score: 1
      First, I'd appreciate it if you'd either defend your ridiculous remark about all fruits of human endeavor being owned by all of humankind, or renounce it. I expect you to do neither, however. After all, religion doesn't have to make sense.
      You are still missing the important distinction. Certain things -- such as a car -- will be diminished by the act of sharing, and so can be considered subject to ownership. Other things are not diminished by sharing. The canonical example being that if you light a candle from my already-lit candle and then take it away, my room does not get any darker than it was before. Such things are, once a prototype exists, infinitely plentiful and cannot be considered subject to ownership.
      I'm not missing the distinction at all, it's just completely beside the point. Some software I write I won't give to anyone unless they first agree to certain terms, and if they violate those terms, then they're committing fraud against me.

      If I copy a piece of software from you, you still have the original. You lose exclusivity over that software --
      Perhaps I wrote the software so I could sell it and make money. By giving away fraudulently obtained copies, you're violating my rights. The people who you "share" it with are benefiting from my labors, without my consent and without compensating me.
      but that would be a form of artificial scarcity, which is absolutely not welcome in the Age of Plenty.
      There's no scarcity, if you want software, you're free to buy it from whomever you please, on whatever terms you can agree on.

      And if that GNazi Richard Stallman ever gets his way, and succeeds in taking away the right of free contract from myself and many other software developers, trust me, you'll see a lot less software being produced, and that will be a form of artificial scarcity.

    5. Re:Insightful? No. Complete, utter, bullshit? Yes. by ajs318 · · Score: 1
      I think you are misunderstanding what is meant by "the fruits of all human endeavour".

      I'm not referring to actual physical objects. I'm referring to the abstract concepts which underlie those objects; for instance, not loaves of bread, but knowing how to bake a loaf of bread. Think like the pure mathematician, who considers their work done when they have reduced a problem to a set of equations that they know they can solve {rather than when those equations themselves are solved, which would be mechanical work}.
      I'm not missing the distinction at all, it's just completely beside the point. Some software I write I won't give to anyone unless they first agree to certain terms, and if they violate those terms, then they're committing fraud against me.
      By the very act of choosing who you do and do not wish to give the software to, you are committing violence against those to whom you choose not to give the software. You may have written the software, but it belongs to everyone. Those to whom you choose not to give it, are justified in using reasonable force to obtain it.
      And if that GNazi Richard Stallman ever gets his way, and succeeds in taking away the right of free contract from myself and many other software developers, trust me, you'll see a lot less software being produced, and that will be a form of artificial scarcity.
      Software which is written for the sole purpose of making money is software we can do without. We did not need it before it was written, and we will not need it afterward. We may see a drop in the quantity of software written, but that will be offset by an improvement in the quality of software being written -- since it will be written with the purest motives in mind, and there will be no onus on the supplier to cut corners.
      --
      Je fume. Tu fumes. Nous fûmes!
    6. Re:Insightful? No. Complete, utter, bullshit? Yes. by jc42 · · Score: 1

      If I copy a piece of software from you, you still have the original. You lose exclusivity over that software -- but that would be a form of artificial scarcity, which is absolutely not welcome in the Age of Plenty.

      And this is exactly what a lot of people find objectionable about Open Source. "It's not enough that I have something; what makes me happy is knowing that I have it and you don't."

      Sorta like the old comment that it's not enough that I succeed; to be happy, I must also know that others have failed.

      There are a lot of people like that in this world.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    7. Re:Insightful? No. Complete, utter, bullshit? Yes. by whatthef*ck · · Score: 1
      I think you are misunderstanding what is meant by "the fruits of all human endeavour".
      Uh, judging from this idiotic bullshit:
      I'm not referring to actual physical objects. I'm referring to the abstract concepts which underlie those objects; for instance, not loaves of bread, but knowing how to bake a loaf of bread. Think like the pure mathematician, who considers their work done when they have reduced a problem to a set of equations that they know they can solve {rather than when those equations themselves are solved, which would be mechanical work}.
      I think you're the one who misunderstands what it means.

      You are such a brazen bullshitter, you must be an academic or a politician. You made an idiotic, indefensible statement, and now you're making a pathetic attempt to dig yourself out of the hole you're in.

      By the very act of choosing who you do and do not wish to give the software to, you are committing violence against those to whom you choose not to give the software.
      Yet another idiotic statement. Violence? How so?
      You may have written the software, but it belongs to everyone.
      Can you prove that, please?
      Those to whom you choose not to give it, are justified in using reasonable force to obtain it.
      Spoken in the true spirit of every sniveling, fascist jackboot that ever marched someone off to a gulag. You were probably a big admirer of the Soviet Union, back in its murderous heyday.
      Software which is written for the sole purpose of making money is software we can do without.
      What's with this "we" bullshit? Speak for yourself, not for me.
      We did not need it before it was written, and we will not need it afterward.
      If you don't need it, then DON'T STEAL IT.
  71. Clear faith in GPL 3 canon by amightywind · · Score: 1

    Having a clear faith, based on the creed of the church is often labeled today as fundamentalism. Whereas relativism, which is letting oneself be tossed and swept along by every wind of teaching, look like the only attitude acceptable to today's standards... An Adult faith does not follow the waves of fashion and the latest novelties. Pope Benedict XVI

    The same notion applies to GPL vs Open Source.

    --
    an ill wind that blows no good
  72. A question of free enterprise and free speech... by Attis_The_Bunneh · · Score: 1
    When one examines two elements that are constantly supposed as being opposites, free enterprise and free speech, one is left with a question in mind: How can they can be really in opposition to each other?

    Free enterprise requires free speech to exist for it to operate. Whenever there were guilds, state corporations, and/or industries controlled by a political regime, such nations were often inpoverished and lacking in all necessity and luxury. Particularly, free speech was non-existent in such societies as well because to be free to do business as you wish also follows that one must be free to speak their mind too since it in all industries it takes free speech to promote one's business or to promote a particular innovation to improve one's business.

    In short, free enterprise and free speech are logical correlaries, both are necessary and both are consistent with each other.

    Now, how does this apply to the issue at hand? It applies primarily in that the FSF's GPLv3 license is as stifling as the DRM proposal. It eliminates flexibility to do business without adding to the freedom to be flexible in one's own 'tinkering.' If that is so, as I suppose, then what use is the GPLv3 license? It has no use, it's an idealogical dead end. That is why individuals such as Lessig left GPL in the dust, it was self-limiting, it wasn't about freedom of speech it was about enslavement of the working programer, of the businessman, and of the free market.

    If 'free' means the freedom to tinker, then GPLv3 doesn't add to it, GPLv2 was fine and CC is much better. In the end, GPLv3 is the product of the support for collectivization of programmers not individuation. Then again, what do I know?

    -- Bridget

  73. Right on by Anonymous Coward · · Score: 0

    Well said, bud. Well said.

  74. Re:or... by Phreakiture · · Score: 2, Interesting

    GPL 3.0 license is a call to the faithful

    I thought that open source was supposed to be a bazaar rather than a cathedral

    --
    www.wavefront-av.com
  75. Cathedral and Bazaar by Anonymous Coward · · Score: 0

    In the essay, the Cathedral is the GNU Project, not commercial software development as many seem to "mis-remember".

    1. Re:Cathedral and Bazaar by Anonymous Coward · · Score: 0

      Sorry, but cathedral building is the domain of closed development practices.

    2. Re:Cathedral and Bazaar by Anonymous Coward · · Score: 0

      ESR's point was that the GNU project made very slow progress for years because although the software was free, RMS did not invite or encourage much in the way of contribution back into the official GNU project. The Linux kernel made very rapid progress because contributions were welcomed more warmly.

  76. Mod this parent up too by Mateo_LeFou · · Score: 1
    If one says "consider the source" it's a very different statement than "X is a baby-eater and therefore X's statements are false."

    If you're looking for *real fallacies, name-calling, and overall weak reasoning, try TFA.

    --
    My turnips listen for the soft cry of your love
  77. avoidable by clear_thought_05 · · Score: 2, Interesting

    "always avoidable" - debateable

    Example: I am in a publicly funded education system. To perform certain science work assignments I have to use a windows-only software on my computer. Without it I cannot complete my assignment and pass the class. ... Could I avoid it? Possibly, by staying after school, spending my hours based on the school's hours, enduring extra transportation cost since the school bus has specific operating hours, and losing the other comforts and conveniences of my own study environment. - This tradeoff is both unreasonable and unfair, and to expect people to make such concessions is unrealistic especially in low-income or underpriveldged households. This "choice" isn't really a choice. -- Well that's my opinion.

    1. Re:avoidable by amliebsch · · Score: 1
      This tradeoff is both unreasonable and unfair

      No it's not. It simply appears that way to you because you didn't get your optimal choice, and so were left with only less desirable choices. But such is life - you can't always get exactly what you want, and that is neither unfair nor unreasonable.

      --
      If you don't know where you are going, you will wind up somewhere else.
  78. Re:Understand the motives to understand the bias by vertinox · · Score: 1

    Attacking some one's motive may be under handed, but may be the best way to understand that they may not have the desire to tell both sides of the story... or at least understand they want to convince you and may not show you all the facts needed for you to make a non-biased opinion.

    For example, if I received an email with a 100 page PDF explaining how fossil fuel emissions aren't bad for environment and explains them in a reasonable and understandable and logical way I might sway my opinions that I could buy that SUV after all.

    But then when I see the From header as "PR_dept@big_oil_company.com", then I realize this information, no matter how well worded, reasonable, scientific, and logical may not have all the facts because creator of the argument has some investment in said topic.

    Anyone can make a reasonable and sound argument, but if you also know their motives, you understand what information they are leaving out (or skewing).

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  79. Hope I'm not too late by Mateo_LeFou · · Score: 2, Insightful

    "gowen has not made any comment doubting the validity of Zuck's deduction." But I feel like I have to point out, in addition, that Zuck actually doesn't make any deductions. The piece is all rhetoric meant (as usual) to make ppl associate Stallman with religious zealotry, and an impractical unwillingness to compromise. The only inter-subjectively verifiable/falsifiable sentences are of the form "Linus has been quoted as saying ______" or "Santayana said _______"

    --
    My turnips listen for the soft cry of your love
  80. No it isn't by hugo_goedel · · Score: 1

    gowen never said that belonging to a Microsoft-founded lobby group constitutes circumstances which make the article's author disposed to be critical of GPL 3. He had just pointed out that the author belongs to that group, which he does.

    Your own examples show the difference to ad hominem circumstantial: Had gowen linked the author's opinion to his membership in the lobby group, it would have been that fallacy. But he didn't.

    In fact, you are implicitly saying here that the author's belonging to the group constitutes circumstances which make him disposed of the opinion he holds. So actually you are commiting ad hominem.

  81. We can't wait by H4x0r+Jim+Duggan · · Score: 1

    The threat of DRM is real, you don't have to wait for it to cuff you before you see that. GPLv3 works to prevent the scenario where DRM is widely implemented. For info from the horse's mouth, see what he said about DRM in his FOSDEM 2006 presentation.

    1. Re:We can't wait by ClosedSource · · Score: 1

      I didn't make any comment on how "real" the DRM threat is. I merely stated that you can judge the ability of someone to predict the effects of a future that hasn't happened yet.

    2. Re:We can't wait by Anonymous Coward · · Score: 0
      GPLv3 works to prevent the scenario where DRM is widely implemented.

      Prevention...is wishful thinking. GPL3 goes just as far as not colaborating with DRM. It is hardly an obstacle. Since DRM schemes are hardware-bound I fear that it is secretly ment as a means to uproot the free software as "unsigned", "unauthorised", "non-complying", "untrusted", ... probably even "dangerous" or outrageously explicitly perfiduous argument "terrorists-unsafe" (non-reporting to Big Brother) from computers of the future.

      Perhaps computing goes the way of transportation machines and firearms - anything ownable by any individual, significantly empowering that individual, ends up beeing registered and controlled by government.

      Don't throw away your old computers. Conserve and store them for later use. You, or your successors may need them in the future for purpose of freedom, such as development of free (as in speech, not beer) new, up-to-date-fast hardware platforms, if that won't be crime at the time (and even if it will be >:( !!!)
  82. article rebuttal, different definitions of freedom by bigmammoth · · Score: 2, Insightful
    Paralleling contemporary political discourse Jonathan Zuck writes up a criticism of the GPL 3 drawing on lofty metaphoric comparisons and misguided "followers" of misguided "leaders". This culminates in a comparison of Stallman to some medieval Dominican priests unwilling to accept the "renaissance" of free software appropriation into proprietary systems. Like other political issues, the argument ultimately breaks into different definitions of freedom.
    Let us consider some of Zucks proclamations:
    "Like Savonarola, Richard Stallman takes a similarly religious stance on software development, rather than a practical one"
    Here Zucks is discrediting the "practicality" and "freedom" that the GPL provides by comparing it to his specific definition of practicality that is essentially the practicality for corporate exclusion and appropriation. As an independent programmer when an entity makes enhancements to your code base and then sells your application as a web service it may be more "practical" for your code license to include a network service clause allowing you to build on the enhancement made to your code base. Sure this limits the possibility for a company to invest in creation of the service given the uninsured rights of exclusive service, but the company can always chose not to appropriate your code or have a more liberal business model. The commons does not solely exist for appropriation and exclusion. The GPL is different from the "public domain" because it ensures derivative freedoms.
    "With GPL 3, Stallman has drawn a bright line and offered the world a match."
    Here again I believe Zuchks is making a very common rarely acknowledged assumption that the reduction of concentrated power in any way is the end all destruction of civilization as we know it... we are not so lucky it will take much more work to undo the exclusion and restrictions of freedom inherit in our current systems of control and governance.

    DRM-only devices are definitely a step in the wrong direction. It gives concentrated power the ability to seriously restrict the freedoms of its "consumers". Or more essentially makes profoundly undemocratic assumptions about communication being a form of unidirectional consumption. We can already see the consequences of such cultural assumptions in the toxicity of our mental environment played out most distinctly in commercials, corporate branding and second order social consequences of depression and high usages of mood altering drugs. When people are told creativity is the exclusive right of the gifted, and the devices that mediate our world enforce this assumption we are quickly headed towards profoundly undemocratic systems of control what we could call "un-free".

    If we dare use Zuchk metaphor, we can see the priests tried to hold onto their exclusive right of interpretation of the bible or the natural world and they were threatened by the de-exclusivisation on natural world interpretations. The text content they put out was now malleable and brought abut religious segmentations. If the priest could have DRM'ed their religious interpretations of the natural world it would have been a lot easier but instead all they could do is "burn" unauthorized interpretations ie trusted computing self destruct button if running non-DRM approved content. Our natural world for better or worse has become our media environment hence the strong oppostion to Trusted Computing systems.

    And finally Zuchk offers us:
    "Stallman has made a proposal that greatly restricts the use of GPL code. This new GPL may bring chains to the cause of freedom".
    Again I think Zuck may have a definition of freedom that includes maximizing potential for growth of capital irrespective of whether that growth is democratically accessible or via concentrated centers of power. He or anyone else is free to write their code under these conditions but (whenever possible) we chouse other conditions for our code well aware of the consequences of applicability to non-democratic commercial projects.
  83. different levels of laws and violence. by Anonymous Coward · · Score: 0


    Of course there are different levels of law.

    Some laws/infractions carry no jail time, no matter how many times you break them.

    Some laws carry different levels of jail time.

    And some laws can lead to death penalty.

    But the level of "violence" should match the crime/harm committed.

    Someone commits armed robbery and gets 5-10 years in prison, and gets a $5000 fine.
    Someone provides a "music download" service to his friends, and possibly gets 5-10 years in prison and a $500,000 fine.

    Is this level of violence proprotional to the crime.

  84. It's actually ethical fanaticism by Mateo_LeFou · · Score: 1
    Lots of ppl here quick to insert that word "religious" wherever they can. Zuck's piece did its job, I guess.

    "To release a non-free program is always ethically tainted". This can be deduced from the premise "one should not abridge people's freedom". Maybe your own ethics don't include that premise. Or maybe none of your beliefs/premises are of the form "one should not _____", in which case you have no ethics.

    --
    My turnips listen for the soft cry of your love
    1. Re:It's actually ethical fanaticism by Kihaji · · Score: 1

      And what about abridging peoples ability to do with their work as they please?

      The FSF does not care about peoples freedoms, it has never been about the people. It is about freedoms for software.

    2. Re:It's actually ethical fanaticism by Chandon+Seldon · · Score: 1

      The FSF does not care about peoples freedoms, it has never been about the people. It is about freedoms for software.

      WTF? In what alternate reality does that even start to make any sense?

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    3. Re:It's actually ethical fanaticism by oyenstikker · · Score: 1

      I did not intend to say that I think it is religious fanatacism, but that it is similar to (like) religious fanatacism.

      As to the premise "one should not abridge people's freedom":

      I think people should have many freedoms. The freedom to freely distribute the product of my hard work is not one of them. I am a big believer in fair use. I believe that if I sell you a product, you should have the freedom to reverse engineer it, modify any code that I gave you and recompile it, and generally do whatever you want to make it fit your needs. But if I worked hard creating that product, and it is my livelihood, I don't want you to have the freedom to give it away with no compensation to me. I may give you that freedom in some cases. But you should not have it inherently.

      --
      The masses are the crack whores of religion.
    4. Re:It's actually ethical fanaticism by Mateo_LeFou · · Score: 1
      And what of the fact that you are able to create that product by using the knowledge that resulted from other people's hard work. Do you compensate all of them?

      I'm not picking a fight; I understand, and agree that you can limit my freedom to modify yr software as part of the deal. But the ethical basis for that is that breaking promises (made in the course of the deal) is bad.

      Thought experiment: I invent a machine that can produce food in infinite quantities at no cost. I am free to make food available at whatever price I can finagle. People who agree to the price are not free to take the food and refuse to pay.

      But what is the ethical basis for me restricting people's access to food? The fact that I worked hard inventing the machine?

      --
      My turnips listen for the soft cry of your love
    5. Re:It's actually ethical fanaticism by oyenstikker · · Score: 1

      "Do you compensate all of them?"

      I compensated those who have asked for compensation. I bought their books. I paid to attend their seminars. I paid to take their classes. I saw the advertisements on their web sites. I bought their software products. As for those who those who asked for no compensation, nobody can complain that I have not compensated them.

      "I invent a machine that can produce food in infinite quantities at no cost. I am free to make food available at whatever price I can finagle. People who agree to the price are not free to take the food and refuse to pay."

      Say I set the price for food at a reasonable rate to compensate my investment, and provide my family with a modest income. The price will be cheap. I'll feed the world. You have the right to buy my apples, and then give them away. You have the right to buy my apples, plant the seeds, grow apple trees, and give the apples away. Say I agree to sell you one of my machines. You have the right to use that machine, and sell food at any price you want. You have the right to modify my machine to make tastier food, and sell that food at any price. You do NOT have the right, unless I explicitly give it to you, to reverse engineer my machine, start producing copies, and sell those.

      Research, engineering, and development take time and capital. Some people are willing to give it away. Others are not. The copyright system and patent system, as broken as they may be, are designed to make it financially worthwhile for people to invest their time and capital to make new products.

      --
      The masses are the crack whores of religion.
    6. Re:It's actually ethical fanaticism by Mateo_LeFou · · Score: 1
      "The copyright system and patent system, as broken as they may be, are designed to make it financially worthwhile for people to invest their time and capital to make new products."

      But this is not an ethical argument. It is a practical one.

      By nature I have the right to reverse engineer your machine or any other machine/software I feel like. Doing so does not violate your natural rights -- unless you feel (like the RIAA for example seems to) that you have a natural right to a quantitiy of revenue that you project you "would have earned" if I hadn't reverse-engineered yr stuff..

      That of course would require a totally controlled market, where some entity (govt., presumably) made the projected revenue calculation and enforced your natural right to that sum because it is that entity's mandate to secure your natural rights.

      In a "free" market, it works differently: you produce something and try to sell it. Let's say it's a knife. One disadvantage of selling it is that you no longer control it; the buyer can look at it, figure out how it works, make an imitation, or use it for something you never intended. Killing people with it is forbidden because it violates their natural rights, not because anyone (including you) retains any power to control the uses of what was purchased (unless part of the deal, i.e. a EULA)

      The advantage of selling it is that you get paid. Weigh the pros and cons yourself.

      "Research, engineering, and development take time and capital."

      This is why so few people ever sell anything but their labor. But it does not ground any ethical argument about compensation for that time/capital investment. If I invent a machine that can produce fleas in infinite quantities, it doesn't matter how hard I worked at it.

      "The copyright system and patent system, as broken as they may be, are designed to make it financially worthwhile for people to invest their time and capital to make new products."

      You are correct: these are pragmatic solutions to the problem of underprovision of abstract commodities/ideas. But they are not based on a natural right you have to control an idea once you have shared it with someone else. That person can redistribute your idea without violating your natural rights (unless, as above, you feel you have a natural right to all the proceeds your idea generates).

      But you weigh the pros and cons of sharing the idea, and come to a deal/EULA where the "buyer" cannot share the idea. You jot down the idea, the buyer takes it home, heshe dies, and the paper with the idea on it blows out the window. My brother, Tom, finds the paper. Now what?

      --
      My turnips listen for the soft cry of your love
    7. Re:It's actually ethical fanaticism by oyenstikker · · Score: 1

      "natural rights". Rights are only rights because a bunch of people decided they should be. Just because we call them "natural" doesn't change that fact.

      "the buyer can look at it, figure out how it works, make an imitation"
      This is the problem that our patent system was designed to fix. It doesn't matter if you say I took away your right by getting a patent, or that I granted you one by not getting a patent (or when the patent expires) - its the same thing. You only have the rights because we decided you do.

      "This is why so few people ever sell anything but their labor."
      What? Look around you. Everybody is selling everything. I am not only selling my labor to my employer, I am selling my knowledge and my ideas.

      "But you weigh the pros and cons of sharing the idea, and come to a deal/EULA where the 'buyer' cannot share the idea. You jot down the idea, the buyer takes it home, heshe dies, and the paper with the idea on it blows out the window. My brother, Tom, finds the paper. Now what?"
      Tom did not come to a deal with me. Tom does not have any of the rights I extended to the buyer because he has this piece of paper. Tom has the same rights to the idea that every other person does.

      "The advantage of selling it is that you get paid. Weigh the pros and cons yourself."
      Pro: I get to eat.
      Con: Other people don't get a free ride.
      I'll sell it.

      There is nothing wrong with giving stuff away. Its is a very noble thing. However, selling product, in and of itself, is not wrong.

      --
      The masses are the crack whores of religion.
  85. Hypocrate. by Belial6 · · Score: 1

    Every time I hear someone complain that another person doesn't get to copy their work because it is "MY WORK", it is coming from someone who crated that work by extensively using "OTHER PEOPLES WORK" with no compensation, and without their permission. Here is a list of creations that you have "STOLEN".

    "Here is where your argument breaks down. Neither you nor the original poster has a "freedom to copy", specifically because it is MY WORK. I have the right to say what is done with my work. You do not have a "freedom to copy" anything other than YOUR OWN WORK. His copying may very well directly effect my ability to make a living from my own work. That is directly affecting me. What you fail to see is that his freedom and yours ends where my freedom begins. The right of a person to swing his fist ends at the nose of another person. Your freedom to copy ends where my freedom, backed by legal right, to say how my work is used begins. And, as you don't seem to understand a good portion of my previous post, let me enlighten you on a particular fact. All rights and freedoms flow from society. If you don't believe that, go debate your "right to life" with a hungry lion."

    That's right. Every one of those words was coined by someone else, long before you used them. They created the words, and defined their meaning. When you create something that is not derived from any other persons work, then you can consider it "YOURS". Until then, you are just a theif or a Hypocrate.

    1. Re:Hypocrate. by DaveV1.0 · · Score: 0
      It is hypocrite, not hypocrate.
      It is create, not crate.
      It is thief, not theif.

      Your argument shows a lack of basic understanding of, well, pretty much everything. To put your argument in context:
      • Because sound exsists, writing a song is not creative.
      • Because wood exsists, building a boat is not creative.
      • Because metal exsists, making a knife is not creative.
      • Because words exsist, writing is not creative.
      I could go on with that, but I am sure you get the idea. Not that I actually expect you to understand it.
      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:Hypocrate. by Belial6 · · Score: 1

      Complaining about spelling/types is the first sign that a person knows they wrong. Yes, I made one spelling error, and two typos.

      That being said, I see no where in my post that I said anything about being creative. I just said that you were a thief for stealing other peoples 'property' to create your new 'property'.

      I think it is clear who has a comprehension problem.

    3. Re:Hypocrate. by DaveV1.0 · · Score: 1

      As I said, you seem to have no clue about pretty much everything.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  86. That's assuming technology stays stagnant by H4x0r+Jim+Duggan · · Score: 2, Interesting

    In the 60s and 70s, all software was free software. It was normal for people to pass on the source code with the binaries. In the 80s, some companies started a new proprietary approach, and they started using technical means (such as only distributing binaries) and legal means (applying copyright) to prevent people from helping themselves and each other.

    I bet there was a army of people who posted to usenet with comments similar to your's. "Consumers will never accept that treatment" etc. etc. "there'll be a revolt, just you wait!"

    Instead of waiting for everyone else to revolt, Stallman launched GNU - and the free software movement along with it. When freedom is at stake, sitting back and waiting for a revolt is never enough. This problem has to be tackled in every way we can. GPLv3 can't solve the DRM problem completely, but I'm glad that it will do all it can.

    1. Re:That's assuming technology stays stagnant by bufalo_1973 · · Score: 1

      The different thing about what happened then and what can happen now is that in de 80s computer were "those things nerds/geeks/... use". But now everyone knows at least what a computer is, and almost every house in the "first world" has a computer.

    2. Re:That's assuming technology stays stagnant by porl · · Score: 1

      that's just the thing though- before it was actually people who really knew what their computer was doing and knew the benefits of having the source code, now it is 'almost every house' that has a computer. This time around the majority of users barely even know what 'source code' means let alone the advantages of having it, so people like RMS have to be more vocal these days. Good luck Richard!

    3. Re:That's assuming technology stays stagnant by bufalo_1973 · · Score: 1

      That's right, people doesn't know what 'source code' means just for having a computer. But now it's not about 'source code', it's about money. If 'the industry' says 'throw all your DVDs and CDs and buy again the same movies on BD/HD-DVD' the first question will be 'is there something that wasn't in the DVD?' (I mean, extras and quality). And the answer I think is 'absolutely NO' except for a quality you don't notice if you don't have an HDTV.

      Tell someone to throw the DVD s/he bought for 25$/€ and expend another 25$/€ for THE SAME THING and if you're lucky maybe s/he won't tell you to f*ck you.

  87. If Stallman is the Church Reformer by WillAffleckUW · · Score: 1

    burning all the sinful artworks, and Linus is the practical Bishop, then does that make Gates the anti-Christ?

    Seriously, folks, it's just a proposal. Noone forced you to use it. You can keep using GPL 2 as long as you want.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:If Stallman is the Church Reformer by Billly+Gates · · Score: 1

      Does that make the BSD guys like myself jewish?

      We were first before gnu came into being

    2. Re:If Stallman is the Church Reformer by WillAffleckUW · · Score: 1

      not sure if BSD is Orthodox or Reform, that's for you to decide

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:If Stallman is the Church Reformer by Billly+Gates · · Score: 1

      That would be the free vs open and netbsds to decide.

      There is also hasiadic judiasm as well that is less popular. SO we got all 3

    4. Re:If Stallman is the Church Reformer by WillAffleckUW · · Score: 1

      true, free vs open, bsd etc

      oh, and don't forget atheistic jews - a friend of mine is one, they celebrate the events, with proper cooking/prep for them, but are atheists

      --
      -- Tigger warning: This post may contain tiggers! --
  88. Re:article rebuttal, different definitions of free by Attis_The_Bunneh · · Score: 2, Insightful
    Again I think Zuck may have a definition of freedom that includes maximizing potential for growth of capital irrespective of whether that growth is democratically accessible or via concentrated centers of power.

    Since when has one's labor become free? Programmers do their work for both the love of the trade and the profit it brings. Take away one of these elements and then the programmer becomes a slave. It's really no different than when it was a crime for non-appointed scribes to ply their trade in the Middle Ages. It took the 'Rebirth' of Europe to allow for free market capitalism of such scribes to work for anyone and for any price. Under GPL, especially v3, it makes it clear any profit is against the license. And I find that abhorent. It's really no different than DRM. But atleast, DRM isn't law and the same can be said for GPL. As long as neither become law, more power to them, but if they want to have a corporatist or communist revolution on my PC, they can think again.

    I think it's high time programmers and businessmen take a stand against both initiatives, and bring back the freedom to where it belongs; software authors and individuals that fund them.

    -- Bridget

  89. Re:article rebuttal, different definitions of free by a_quietamerican · · Score: 1

    Here is the problem with excluding DRM from GPL - DRM is not simply the Sony CD rootkit. DRM is not the tool solely of Big Media, Hollywood, and the Recording Industry. We need to get past that myth... the technology isn't evil, their application of it is.

    DRM is also a tool for us. DRM is just as much about preserving your privacy and mine. It may be the only thing that keeps our private information out of the prying hands of the Bush Administration. Calling out DRM itself as evil is the same as calling the entire concept of encryption evil.

    The existing DRM provision in GPL 3 is the epitome of "throwing the baby out with the bathwater. As a reasonable guy, I'm sure that you can see that.

  90. My Two Cents by 10101001+10101001 · · Score: 1

    The fundamental problem with Jonathan Zuck's argument is that he's mis-casted the characters in his play. While he's right that the open source movement could be well cast as some of the Renaissance, the Dominician priest who would view such as vanity is actually the proprietary movement. This is clear in his statement: For leading Linux users like TiVo and Adaptec, the ability to protect key intellectual property is essential. TiVo and Adaptec are stuck in the old ways and are more interested in reverting back to it because they view it as necessary, just as one's religion becomes the means to comfort oneself against the rapidly changing times.

    The simple fact is, then, that RMS is closer to the Founding Fathers of the USA or those who fought against the Dominician priest. This is because RMS looked back into history to recognize the likely fate of a simply open-source movement, as previous similar movements were usurped; so, he attemped to create a mechanism to guard against those who would try to remove freedom in the name of the "necessary". One has to look no further than the fact that proprietarism comes from the state to recognize that it is a construct of man, not the natural state. This is true as well of state sponsored religion, and it seems hardly surprising then that many people would call for the state to support them as they believe their religion cannot stand alone (obviously not true for all people). I only wonder why he doesn't see the same pattern of history as well.

    --
    Eurohacker European paranoia, gun rights, and h
  91. Re:FSF stands up against Big Money and Big Brother by Tim+C · · Score: 1

    I am most definitely sympathetic to FOSS - I think the whole thing is a superb idea, with many great qualities and much to recommend it.

    However.

    Richard Stallman correctly predicted many of the ways in which Big Corporations and Big Brother will use DRM (also known as Digital Restrictions Management, Treacherous Computing, or Handcuffware) to enslave people.

    You lost me right there. Please explain to me - in words of one syllable if necessary - how DRM will turn me into a slave. For reference, this is the definition of slave that I'm using.

  92. Re:article rebuttal, different definitions of free by bigmammoth · · Score: 1

    Yes I was operating on the possibly incorrect assumption that DRM is not just plain vanilla encryption of personal data rather a specific set of technologies designed to encrypt media specifically do disallow the "consumer" of the media to copy the data in unapproved ways. In essence this restricts the right to manipulate media. I can think of no case where that's a good thing.

    If I put out some statement I don't want the power to disallow others from altering or sampling my statement.. I can PNG sign the statement to maintain my authored identity as to not allow impersonations with altered text... but that is very different from encrypting the whole thing and disallowing others from accessing it ways that I do not approve of.

    I don't think the GPL3 is forbidding encryption, perhaps they should clarify their definitions of DRM?

  93. Reason vs. Faith? by Errandboy+of+Doom · · Score: 1

    Many commenters are pushing Open Source discussions as completely reliant upon faith (here, here, here).

    I think that's a strong mischaracterization of these discussions.

    As much as you might disagree with them, closed source proponents, and differring open source proponents, believe what they do for reasons.

    Sometimes the reasons seem ill-informed or heady, but it's a complex and nuanced discussion. Maybe they don't understand your position, or maybe you don't fully understand theirs. It's unlikely people have come to these positions as a matter of principle, in defiance of all reason to the contrary.

    For more information, consider Davidson's Principle of Charity, something all /.ers (myself definitely included) ought to consider before posting.

  94. Which is why I support the BSD style license by Billly+Gates · · Score: 1

    No politcs thank you

    Just want to use free software with the most possible free license for everyone without hurting capitalism or making a socialist statement in the process

    1. Re:Which is why I support the BSD style license by ClamIAm · · Score: 1
      No politcs thank you

      Oh really? Then why is your post espousing a specific philosophical/political approach to licensing?

    2. Re:Which is why I support the BSD style license by Billly+Gates · · Score: 1

      I dont want a philospy. Just free software that everyone can use with the least amount of restrictions.

      BSD is tax payer sponsored so corporations should feel free to use it as well in their products as well as hackers.

      GPL gives freedom to the user at the expensive of the corporations. Also corporations make things people want so the user suffers too. Something like photoshop and paintshop pro are well worth their money.

    3. Re:Which is why I support the BSD style license by ClamIAm · · Score: 1
      I dont want a philospy. Just free software that everyone can use with the least amount of restrictions.

      This is a contradiction.

      GPL gives freedom to the user at the expensive of the corporations.

      Wrong. If you have to see it this way, then at least go full circle and cover the situations where it "gives freedom" to corporations at the "expense" of users.

  95. Re:article rebuttal, different definitions of free by a_quietamerican · · Score: 1

    There is definitely a need to clarify the definitions of DRM, but I did mean more than PNG signing. It doesn't outlaw all encryption per se, but it would prevent its use to limit access to any type of document/media - which is really dangerous when you think about it.

    What about your medical records? Do you not approve of "disallowing others" to access your medical history? Would you not approve of "disallowing others" to review your bank statements? What about "disallowing" the NSA from reviewing your emails with friends overseas? Under the current GPL 3 definition of DRM, all these applications would be forbidden for use by GPL'd code.

    We need to stop railing against the technology and start focusing on the unacceptable behavior of the media companies like Sony. Banning the tools of access contro/DRM/whatever you want to call it will eventually hurt us more than it hurts big media.

  96. This opinion based on... what? by MikePlacid · · Score: 1

    In short, this guy opinion is: "GPL3 is bad for business use". No single fact is given to support this opinion. No legal analysis of the proposed license text, nothing.

    Why we are even looking at this "opinion" I wonder....

  97. Hey Zonk by hdante · · Score: 1

    Hello, Your headline was really interesing. However you could have also written that ACT's membership roster has some 3,000 companies including Microsoft, so that we wouldn't really bother to read the whole text.

  98. Re:article rebuttal, different definitions of free by bigmammoth · · Score: 1

    Yes profit based on exclusion is limited. You can not be guaranteed future dependence by your clients when you sell them modifications on GPL code. They will always be free to change it themselves and likewise you were free to make modifications on a GPL code base and sell them to the client. (If your doing this labor for free you have a very bad business model)

    If you look at the sentence you quoted it says nothing about democratic software being created out of free labor, rather its an alternative model that allows you charge a client to build off what other have done (rather then start from scratch and cost more) with the condition that what you build on is also available for others to do the same. It is exclusion-free capitalism; in essence an idealistic implementation of free markets without the concentrated power of corporations or governments gaining the exclusive right to sell you a particular service. The GPL de-monopolizes the software environment.

    In the GPL the freedom to take away someone else's freedom is severely limited, but your always free not to GPL your code. As you point out "DRM isn't law and the same can be said for GPL", the problem is that DRM or trusted computing is becoming law. And remember the caveat.. whoever possible use GPL but if it does not make sense for you business model then what do I care ;) I have worked on proprietary projects before they paid just like working on GPL projects pays as well except I can use the code I made in the gpl project for future projects allowing me to deliver more for less. But by all means use whatever software you like I will just continue my GPL coding and presenting arguments about why in the end it will work out better for everyone by reducing concentrated power ...

  99. Re:article rebuttal, different definitions of free by arose · · Score: 1
    DRM is also a tool for us. DRM is just as much about preserving your privacy and mine.
    And the GPL3 draft has no problem with this use where you can sign the software.
    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  100. Re:article rebuttal, different definitions of free by arose · · Score: 1

    Where exactly does the draft forbid encryption of documents? Besides that DRM is not encryption. Encryption only governs access, not copying the information after the fact.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  101. Re:article rebuttal, different definitions of free by bigmammoth · · Score: 1

    Obviously the documents you mentioned should be encrypted but why does a device need to be DRM enabled to not be able to read those documents? and how does a centralized key generator system give you greater security over your "documents"?

    You imply that encryption is currently broken but as far as I can tell the current systems work pretty darn well, and a DRM system actually introduces many more levels that make your data less secure... I could try and find some of the articles I read about this if you're interested...

    The problem with DRM or Trusted Computing is that they de-democratize the encryption process. Instead of anyone encrypting anything to any bit-level we would have a set of central systems where key issuers give out keys to "allow" people to make applications or media. The best example of this is the game consoles where only approved media can run on those systems.

    We already have very strong personal encryption systems why should we allow our devices to only be able to decrypt things that an external group approves.

    Furthermore how do you know the central group does not have extra keys to your "DRM"ed content. And finally how do you or someone you trust audit their code if its not open source and locked away in closed hardware or some network server somewhere. And if it's just application level DRM then I would not really consider it DRM ... just normal encryption and I am fine with that, we need to get the GPL people to more explicitly explain the difference...

  102. I don't necessarily agree with the article by blueZ3 · · Score: 1

    but it's an interesting parallel between religious fanatics and other types of fanatics.

    Whether GPL 3 will create the type of infighting the article seems to suggest is an open question. My suspicion is that those on the fringes (Stallman and Microsoft's lawyers, for instance) will have a lot less to say about whether this is widely adopted than people actually doing open source work--the hundreds of programmers working on small hobby projects for their own purposes. It's the acceptance of those folks, who will or will not adopt or reject GPL 3 for reasons other than politics or profit, that matters most.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  103. How do you figure? by Mateo_LeFou · · Score: 1

    I agree your statement makes zero sense. Nobody, not even the religousfanatic communistical free-lovin' America-hatin' FSF, thinks that software itself has rights.
    PS: do whatever you want with your work. But you don't get to do whatever you want with *my computer.

    --
    My turnips listen for the soft cry of your love
  104. Zuck is a dishonest demagogue by idlake · · Score: 0
    Zuck claims a liberal education, so we have to conclude that he is deliberately ignoring one of the fundamental rules of quoting people: when talking about what people might say, you only put into quote things that people actually said, and if the quotation is controversial, you must provide a source. As far as I can tell, there is no evidence that Stallman ever used the religious and inflammatory term "vanities", but even if he did, quoting him would require a source and context. Zuck wrote:

    Stallman would argue that you don't. He views these practicalities, hybrids and commercial compromises as "vanities" that divert attention away from the real issue,


    An honest author must avoid any appearance of putting words into people's mouth.

    As for Stallman, Zuck is right to the degree that Stallman is indeed concerned only with making sure that software is free. But Zuck tries to portray Stallman as someone who will deliberately cause mayhem and destruction in order to further his cause and elevate himself, and that's wrong. Stallman may do things that are controversial and that are painful, but he does them because he believes them to be the right thing to do.

    Others have pointed out that Zuck is president of ACT and what this means, so it's not surprising where these statements are coming from.
  105. Re:A question of free enterprise and free speech.. by Anonymous Coward · · Score: 0

    Last I checked, the DRM clause prevented one person from releasing software as "GPL" but prohibiting modifications under the DMCA.

  106. Re:article rebuttal, different definitions of free by mshurpik · · Score: 1

    > DRM is also a tool for us.

    Naw, not really. This is like saying, "Huge strip-mining operations are also a tool for us." Yeah, if you can afford 6 backhoes and 20 dumptrucks, you can tell your neighbors the mountain is gone. DRM is immediately useful for large companies that have these huge assets. Using DRM on a personal level is petty, and it won't lead to wider promotion or acceptance of the few assets you're putting out there.

    Normally, you'd be right, DRM is "just a tool." But some tools are specially crafted to cause chaos, and those tools cannot be used for good by anyone.

  107. Are we going to see a "schism in the church"? by arodland · · Score: 1

    Are we? If you put it that way, we already have, years and years and years ago. Almost no one is really on Stallman's side when you get down to the details. Probably because his sense of what's really good for the world is just not quite compatible with reality.

    1. Re:Are we going to see a "schism in the church"? by __aapspi39 · · Score: 0

      you're spot on when it comes to the world and the reality part of all this- i mean thats what this is all about right?

      so help me out here, i've got the sony rootkit installed, thats all cool and seems to be running nicely, but i was wondering where can i get the 'better internet' thing i keep hearing about?

  108. Re:A question of free enterprise and free speech.. by Anonymous Coward · · Score: 0
    If 'free' means the freedom to tinker, then GPLv3 doesn't add to it, GPLv2 was fine
    GPL2 is indeed fine, it just needs some adjustments.
    CC is much better
    There is no "CC license" and there are some that don't allow tinkering, unfortunatly CC is a licensing mess.
    Then again, what do I know?
    Indeed. I suggest you submit this question as an "Ask slashdot".
  109. Re:Here's what you did say and you are wrong by Anonymous Coward · · Score: 0

    Here's a little illustration:

            * a) The sky is blue. (I was paid to say so.)
            * b) The sky is blue. (I was not paid to say so.)
            * c) The sky is green. (I was paid to say so.)
            * d) The sky is green. (I was not paid to say so.)

    Statements a) and b) are accurate. Statements c) and d) are inaccurate.


    Technically, none of the above is true. The Sky (atmosphere) has no 'color' visible to the naked eye. It absorbs UV band. It can block spectrum via water vapor or particles. But for your statement to be correct, if I look down over green, brown or any color land, it would have to have a blue tint, one that becomes more blue as you viewed the dirt through more 'sky'.

  110. Restriction vs Lack of Entitlement by Pfhorrest · · Score: 2, Insightful

    The BSD license does not limit anyone's freedom to copy code. It allows the author of that code the freedom not to distribute any modifications he makes to it, or not to exempt his creation from restrictions imposed by copyright law. That it, it simply does not impose the obligation to distribute the code, either at all or under any particular license. Any code that is out there and distributed is still free to use, and using it in a closed project does not affect that. If I take a BSD-licensed project, modify the code, and distribute only binaries, I haven't *done* anything to the original code, locked it up, or prevented anybody from copying it.

    The only restrictions being applied are to the *new* code I wrote, and those restrictions are allowable only because of existing copyright law. If you don't like those restrictions, what you need to argue against is copyright law in general, not the BSD license. While copyright laws exist, even public domain is no more "free" than the BSD license (cause I could take something in the public domain, use it in my commercial creation, and apply copying restrictions to that).

    Consider an analogy of speech in the common sense. (All code is is written speech). A situation analogous to copyright would be to say that I may say something to you and require you not to repeat it, and if you do, you are guilty under the law. The opposite of this, such as the BSD license or a public domain license, would be simply to say something to you; what you do with that is entirely up to you, repeat it or not, I don't care.

    GPL doesn't mesh extremely well with this analogy because there is no "speech source" vs "compiled speech", but something roughly analogous to the GPL would be *requiring* you, if you ever repeated what I said (even in modified form), to furnish the person you spoke to with a written copy of that statement. That's not freedom for anyone: that's a duty placed on you, which grants anyone you speak to (about this thing) the entitlement of a written copy of that.

    In the speech case it plainly obvious what is the most free of these things: simply being able to say things to people, and they are not obligated to act or not act in any particular way about that. This is analogous to the public domain license, and a BSD type license would simply require that you attribute any repetition of that statement to me, a very slight loss of freedom. Standard copyright laws and "copyleft" laws like the GPL both impose restrictions on people and so are far less free. The only illusion of a lack of freedom in a BSD or public domain situation, with no copyleft requirements, arises because you still have copyright requirements being imposed by some people. The problem is not these middle licenses; the problem is copyright itself, the notion that you can at all "license" written speech and other creative works. The GPL is complicit in that kind of thinking, and the situation it drives toward is no more free than the one with traditional copyright.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  111. Re:Attack of the killer bunnies by The+name+is+Dave.+Ja · · Score: 1

    No one expects the Spanish Inquisition!
    Our chief weapon is Fear - Fear and Uncertainty.
    Our 2 weapons are Fear, Uncertainty and Doubt.
    No, wait! Among our weapons are Fear, Uncertainty, Doubt and now PEDANTRY. If we cannot subjegate our enemies with the first 3, we will now numb their minds with pompous trolls spouting come-ons about picayune, barely-related topics; drawing the discussion off to safer areas.
    I'll come in again.

    Seriously though, I've recently found myself losing interest in /. articles more and more - this thread so far is a prime example of why.

    No, I'm not new here. It was a lot funnier in my mind.
    (and I voted 'Other' - 'Eric the Half a Bee' for me.)

    --
    Tin foil causes brain cancer

  112. Re:Attack of the killer bunnies by bladesjester · · Score: 1

    I thought it was rather amusing, personally. I also have to agree with the losing interest comment. When we have a perfectly valid vehicle for debate about a serious issue and the people "participating" in it decide to spend the entire thread bickering over points in each other's logic and terminology, I tend to get rather fed up.

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  113. Not the same by civilizedINTENSITY · · Score: 2

    Did you read the wikipedia article?

    "Jonathan Zuck is president of the Association for Competitive Technology, a Washington, D.C.-based trade group specializing in technology issues. ACT's membership roster has some 3,000 companies including Microsoft."

    This isn't even close to:

    ACT was founded in 1998 in response to the Microsoft antitrust case. Its chief goals are
    1. to limit government involvement in technology (such as antitrust actions or free software / open source software requirements); and
    2. to support strong intellectual property rights in software.
    Currently, ACT is lobbying strongly against the Massachusetts endorsement of the OpenDocument standards.

    The bio in the article doesn't make it all clear that the ACT is a biased lobbying group that is hired for propaganda purposes.

    "trade group specializing in technology issues" my ass.

  114. Re:Attack of the killer bunnies by mrraven · · Score: 1

    I'd say who funds a study IS a serious issue. Would you trust a study funded by Microsoft showing Windows to be a superior operating system?

    --
    Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
  115. Real freedom by jswalter9 · · Score: 1

    Come on over to the BSD license! :)

    --
    Retired from software... maybe. Sort of.
  116. ACT == Microsoft Front Organization by NatteringNabob · · Score: 1

    Jonathan Zuck works indirectly for Microsoft. What Microsoft thinks about the GPL is pretty much irrelevant since they don't license any of their software under any variant of the GPL. This article is 100% USDA FUD.

  117. I've said it before... by petrus4 · · Score: 1

    ...and I'll say it again. Stallman has been given a length of rope, and is currently well into the process of hanging himself.

    There doesn't need to be any rebuttal made to anything here either way. The "troll" and "flamebait" tags attached to this article entirely speak for themselves, and again illustrate the easily observable fact that Stallman's followers hold zero tolerance for any dissent with or criticism of their leader's perspectives.

    Whenever I've been modded down as a troll to the point where nobody can read what I've written because I've dared to criticise Stallman in the past, that in itself has told me everything I need to know about the genuine moral fibre of the FSF's supporters, and what Stallman's version of freedom really means.

    His followers are so totally secure in their own perspectives that they can't tolerate a single word of dissent being uttered. I can think of a couple of historical figures that such behaviour brings to mind...but none of them are individuals which I in any way would want to associate with.

  118. Re:or... by Anonymous Coward · · Score: 0

    Good job RMS has nothing to do with Open Source then isn't it?

  119. Re:or... by Coniptor · · Score: 1

    Free Software ... Open Source
    Two different beliefs/ideologies/points of view backed up via copyright with different licenses of varying liberties granted by law. Seperate ... not one in the same!

  120. Well, then allow me to retort... by Elemenope · · Score: 1

    What does Marcellus Wallace...no wait, never mind. We are using different definitions of faith; I'm using the technical one "belief in the alethiological value of statements not in evidence" which is what an axiomatic, i.e. truth by definition, statement is: an ungrounded statement that sets up a framework for deductive analysis. My point was, admittedly, rather remote from the context of the conversation; I simply get annoyed when people flippantly say things like "depend on reason alone; eschew faith" or somesuch, because it is not a very good blanket rule, IMO, and does not apply to the vast majority of situations where one must rely upon information that is not substantiated or guaranteed in another method. At a certain point in any investigation, conversation, or what have you, there must be a point where the conversants agree upon the framework of the conversation (usually implicitly), otherwise conversation cannot occur.

    On the other hand, this point bears weight on the subject of trusting people and statements made by those people; at a certain point, one must assume credibility (or not) after sufficient analysis of credentials and other factors, because ultimately you can track those factors back to an axiomatic statement which is unfounded except by itself and assumed to be true.

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    1. Re:Well, then allow me to retort... by ClosedSource · · Score: 1

      "My point was, admittedly, rather remote from the context of the conversation; I simply get annoyed when people flippantly say things like "depend on reason alone; eschew faith" or somesuch.."

      I think that's your problem. You chose to be annoyed by taking my statement out of the context of the conversion and thus giving it a broader meaning than it actually had.

      My statement: "Don't trust anything on faith, use reasoning" in the context of the discussion, doesn't preclude the idea of common ground or an assumed framework for discussion. These concepts are orthogonal.

      My point was that an argument must stand on its own. If you don't have the knowledge or ability to judge a particular argument on its own merits how qualified will you be to judge the individuals making the arguments?

  121. Re:Here's what you did say and you are wrong by Anonymous Coward · · Score: 0

    Your argument is based on the false premise that "sky" and "atmosphere" have exactly the same meaning in the english language, which is not true.

  122. I like that by extrasolar · · Score: 1

    Dear The Pious:

    I command you now to refer to GPL 2 as The Old License and GPL 3 as The New License. Thenceforth, your salvation.

    Yours in Stallman,

    extrasolar

    1. Re:I like that by Doc+Ruby · · Score: 1

      I'm a born-again GPL2ian. Covered in the blood of Stallman! By the smelly beard of RMS, I will march into the promised distro!

      --

      --
      make install -not war

  123. We is the author by giorgosts · · Score: 1

    "We" refers to the authors of GPL software, the users of GPL software, and also those that want to modify and/or reditribute it. Does not claim owneship of other peoples' work or money

  124. So many problems... by Mateo_LeFou · · Score: 1
    I don't have a lot of hope for this discussion. If there are no natural rights, then there are no ethics. Every transaction is a contractual matter, and the rest is gamesmanship -- ppl doing their best to take advantage of the contracts/games available to them.

    "the buyer can look at it, figure out how it works, make an imitation"
    This is the problem that our patent system was designed to fix

    Outrageous. My taking inspiration from someone's work and using my own creativity to expand on it is a problem. For fun, say it's not a knife, but a movie. Or a haiku.

    Well, regardless, this is not the problem the IP system is designed to fix. As stated, the problem is underprovision of things that are nontangible. Nontangible products can be duplicated freely and given to everyone without violating the creator's rights (whether they're natural or contractual) to live and do what heshe likes.

    Because of this quality (non-rivalrousness) of ideas, it is difficult to make a profit from their development/production. Because it is difficult to make a profit, (this part is theory) the socially-optimum quantity of e.g. science and the useful arts will not be produced in a free market.

    The IP system addresses this problem -- underprovision, by creating artificial scarcity in things that are not naturally scarce.

    "This is why so few people ever sell anything but their labor."
    What? Look around you. Everybody is selling everything.

    I only meant this is why so few people develop a new product and go into business selling it.

    "Tom did not come to a deal with me. Tom does not have any of the rights I extended to the buyer"

    The question is about Tom's rights to duplicate, imitate, and share the idea he has found. It seems you must choose
    1. Tom can do whatever he wants with the idea, just as though it popped into his head like other ideas sometimes do.
    or
    2. Tom cannot do anything with the idea. "Tom does not have any of the rights I extended to the buyer ". In fact, Tom must pretend he has not encountered it because he does not have the right (which you sold only to 1 person) to use the idea.

    Also: Tom must guess what rights he has w/r/t the idea, since all he has is the paper with the idea on it.

    Sounds difficult. It's much easier if you say Tom can do what he wants as long as he doesn't hurt anyone else. This is what I think you mean when you say "Tom has the same rights to the idea that every other person does", although I don't think you realize it.

    Pro: I get to eat.
    Con: Other people don't get a free ride.

    Wrong. When you disclose an idea, it's Pro: you get paid/eat. Con: you no longer control the idea, because it has taken up residence in someone else's head, and you do not control that person's head.

    You might be able to persuade the government to let you partially control that person's head, and to punish that person if heshe uses his head in ways unapproved by you -- i.e. sharing the idea, performing the song, etc. Tell the govt. this would be an incentive for you to keep coming up with ideas. If they buy it, you will get some sort of IP system. But it's a tradeoff where the govt. is regulating someone's head in exchange for your promised ideas.

    There is nothing wrong with giving stuff away. Its is a very noble thing. However, selling product, in and of itself, is not wrong.

    Pure straw. Sell what you like.

    --
    My turnips listen for the soft cry of your love
  125. Re:A question of free enterprise and free speech.. by Attis_The_Bunneh · · Score: 1
    There is no "CC license" and there are some that don't allow tinkering, unfortunatly CC is a licensing mess.

    Not according to the CC site. Also, one has the freedom to restrict others access. Unless, you support collectivism, I think you too would support this moral principle of exclusive association. It is that freedom that allows individuals to cooperate and live parallel lives without fear of reprisal. If someone wishes to retain control over their own projects and retain the right to access to the source, then it follows one wishes to retain the right of exclusive association. It seems odd that individuals some how feel this is a bad thing. I'll have to check with people eating their lunch if they can share theirs with me since it seems the idea of exclusive association is some how bad....

    -

  126. Re:article rebuttal, different definitions of free by Attis_The_Bunneh · · Score: 1
    It is exclusion-free capitalism; in essence an idealistic implementation of free markets without the concentrated power of corporations or governments gaining the exclusive right to sell you a particular service. The GPL de-monopolizes the software environment.

    So one cannot exclude their work from others? What if I want to live alone? Do I not in either case have the moral right to do so? I know that seems naive, but consider the position for a moment. If one could not exclude others through control of one's associations then one could not in any case have trueist form of freedom. Why? Because as long as one assumes one has no right to exclude others from one's own association in any case, then one cannot be free to do as one wishes with one's self or one's work. It must be said, that this sounds like collectivism, not capitalism. And it seems to be a push toward a public society rather than a private society. Personally, I prefer the latter, and I love my freedom to exclude others from my work[so-called IP, I don't consider it real property] and my body, and my property.

    At any rate, what do I know? I bet lots of folks think it's bad to be selfish. ;)

    -- Bridget