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Linus on GPL3 In Forbes

musicon writes "In an interview via e-mail with Forbes, Torvalds discusses GPLv3, digital rights management and sharks with laser beams. From the article: 'I'm sure changes will be made [to GPLv3]. The fact that the FSF and I have some fundamentally different views of what the GPLv2 was all about makes me worry that we won't find a good agreement on the next version.'"

316 comments

  1. oh man! by nb+caffeine · · Score: 5, Funny

    sudo apt-get install sharks-with-lasers_kernel_module

    --

    "Something's wrong with you...and I hope we never do meet again." - Deftones When Girls Telephone Boys
    1. Re:oh man! by musicon · · Score: 2, Insightful

      Only if you're one of the "evil communist world domination" GPL people :)

      Us hippies prefer the peace-and-free-code-_kernel_module.

    2. Re:oh man! by krewemaynard · · Score: 2, Funny

      pffffft...

      emerge sharks-with-laser-kernel

      [wait]

      --
      I saw it on Slashdot, it must be true!
    3. Re:oh man! by bhirsch · · Score: 2, Funny
  2. I, for one... by UseTheSource · · Score: 3, Funny

    Welcome our laser beam-wearing shark overlords!

    --
    "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
    "We are one Nation, we are one People." -The One 'leader'
    1. Re:I, for one... by Anonymous Coward · · Score: 0

      *yawn*

      And in Soviet Russia, laser beams wear sharks!

  3. Couple of things here... by Kaellenn · · Score: 5, Interesting

    First off, please forgive my ignorance, but is it really *that* important for Linus to decide to move Linux from the GPLv2 to the GPLv3? Just because version 3 of the license becomes available does not automatically invalidate the version 2 license does it? Why is this such a hot button issue?

    For the most part, I completely agree with Torvalds on his points--and I can't say I'm at all surprised to see Stallman and the FSF take this direction with version 3. Simply put: they are "zealots" for lack of a better term. For them, free software is less about open source and open development and more about a form of political agenda.

    Now I'm not trying to bash Stallman or the FSF, they have made some wonderful contributions to the community. But let's call a spade a spade here and look at what GPLv3 is about: attempting to hide attempts to restrict developers under the guise of being an update to the world's most popular open source license. For all of the FSF's talk against bad copyright policy and software restrictions, this license introduces their own set as if to say, "we don't like their way; so you should definitely do it our way instead."

    Too much politics and agenda and not enough open source development.

    1. Re:Couple of things here... by GigsVT · · Score: 4, Interesting

      Is it even possible to relicense Linux under GPLv3?

      Did Linus get copyright assignments from every contributor? If not, then there's no way it can ever be really GPLv3, not legally.

      Even if the contributors put the "or later" clause, that would still give end users the option for using Version 2.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Couple of things here... by ackthpt · · Score: 1
      First off, please forgive my ignorance, but is it really *that* important for Linus to decide to move Linux from the GPLv2 to the GPLv3? Just because version 3 of the license becomes available does not automatically invalidate the version 2 license does it? Why is this such a hot button issue?

      I dunno. Maybe you should send Linus an email yourself and ask him: torvalds@osdl.org Please leave shark and laser references out of it, Ok?

      most likely reply: I didn't hear RMS complain vehemently enough about GPLv3 so I figured it's fine.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:Couple of things here... by undeadly · · Score: 1

      First off, please forgive my ignorance, but is it really *that* important for Linus to decide to move Linux from the GPLv2 to the GPLv3? Just because version 3 of the license becomes available does not automatically invalidate the version 2 license does it? Why is this such a hot button issue?


      I'm sure his mailbox is filled with GPLv3 questions, and of course he can't just ignore GPLv3 since I'm sure there will be attempts to add code to the kernel with this license. Seems that he is saying that GPLv3 code will not be accepted into to the kernel, at least with the license in it's current form. Hopefully the Linux kernel developers wil care as much about free licenses as OpenBSD.

    4. Re:Couple of things here... by Anonymous Coward · · Score: 1, Informative

      Picture this....with the or later clause: OpenSource code licensed GPL2 on 3/09/06 New code added to this code starting 3/10/06 with a license switch to GPL3 Sure...you can get the version from 3/09/06 but the new additions will be under GPL3. That is how it is done.

    5. Re:Couple of things here... by kfg · · Score: 5, Insightful

      For them, free software is less about open source and open development and more about a form of political agenda.

      Dude, copyright and patents are a political agenda by identity.

      KFG

    6. Re:Couple of things here... by GigsVT · · Score: 3, Informative

      You can't do that. With the "or later" clause, the end user gets to decide which license they will use.

      Unless you actually own the copyright you can't modify the license, so you can't take away the end user's right to choose GPLv2.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    7. Re:Couple of things here... by Kaellenn · · Score: 2, Insightful

      You are correct.

      But is that what a software license about? Or rather; should be about? In my eyes (and apparently in Linus' eyes as well) its about fostering open development because its a better way to do things, not pursuing an agenda.

    8. Re:Couple of things here... by Anonymous Coward · · Score: 1, Interesting

      The thing is, Stallman's agenda is to make sure that things don't happen that will get in the way of free software, as well as open source software don't end up being pushed into obscurity by things like sofware patents and DRM. The GPLv3 will do that by leveraging our biggest asset, our source code to keep people from doing that.

      The license will push the FSFs political agenda, but in a reactionary way. It isn't forcing you to use free software, it's forcing you to allow them to compete fairly.

      One of the major benefits of switching to the GPLv3 would be that Linux and OpenSolaris would be able to share source code. I wish he would be more interested in GPLv3s development. I think his input would be valuable, and that his concerns are real. Plus the FSF could change it enough so he would accept it.

    9. Re:Couple of things here... by Phillip2 · · Score: 1

      "attemping to hide attempts to restrict developers"

      RMS can be accused of many things, but rarely attempting to hide things. He's
      always been active about describing his reasons.

      The GPL is about politics. It always has been. So has GNU. This is what it is
      for. FSF is attempting to change the way that an industry worth billions behaves.
      How can this not be about politics?

      Linus' postion is also about poltics, but a different sort of politics.

      It's entirely reasonable to argue that the FSF position has the wrong sort
      of politics, or a political position that you don't agree with, but to
      criticise it for having a political position, per se, always seems nonsensical
      to me.

      Phil

    10. Re:Couple of things here... by Anonymous Coward · · Score: 0

      Indeed... but the "or later" also allows any programmer (still a "user") to fork the code, relicense it under GPLv3 (which he's allowed to do: you said "or later"), make changes, and release the new version under GPLv3 only. Thus, he can cause a license switch, if he wants to.

      But of course the kernel doesn't contain the "or later" clause, so basically it will stay as GPLv2 forever. Only completely new components may be GPLv3, although they will probably be GPLv2 if Linus is involved in them.

    11. Re:Couple of things here... by gabebear · · Score: 1
      I believe you are wrong here, although I'd like to here an expert say something on this. As I see it anything with the "or later" clause is dual licenced now and any developer wanting to extend that software can choose V2, V3, or "V2 or later" licences. I found the part of the GPL about the "or later" clause and it goes as such:
      If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
      If what you said was true then no current GPL software could be used in GPL v3 software unless all copyright holders gave consent. Remember that the developer is an end user as well.
    12. Re:Couple of things here... by Iaughter · · Score: 1
      [Stallman and the FSF] are "zealots" for lack of a better term. For them, free software is less about open source and open development and more about a form of political agenda.

      Free as in libre. Open source software is inherently political.

      The bazaar development model itself is political.

    13. Re:Couple of things here... by Stephen+Samuel · · Score: 2, Informative

      Once you add your own code and upgrade the license to V3, I think that it's possible to effectively lock it into a V3 license. I could revert to the original v2.1 cidem code, but if I want to use your new code, I'd be pretty much stuck with V3.

      --
      Free Software: Like love, it grows best when given away.
    14. Re:Couple of things here... by kfg · · Score: 1

      But is that what a software license about?

      Which part of "by identity" did you fail to understand?

      KFG

    15. Re:Couple of things here... by Akoma+The+Immortal · · Score: 3, Insightful

      "Zealots" again. Why cant you just use another word to qualify Stallman actions? Like CONSISTENT with his beliefs, STEADY in his view of Free Software.

      RMS did not change his views on developping software to empower users. The world of Open Source Software did and is in great danger of falling in the same trap again. This time DRM/DMCA and patents are the trap set by the corporations to gain control of OtherPeople IP (TM).

      RMS does not force you to abide by his rules. You can use whatever license you want and he wont have a say about it. Give the same respect to him.

      RMS does not call the proprietary leaders as "zealots", just "Hard Working Capitalist Businessmen Who Like to Ride the Curtains Of Other People IP (TM)". Shit he isn't even calling them or you anything.

      Respect is the fondation for all civil discussion.

      Regards,

      --
      assert(expired(knowldege)); core dump
    16. Re:Couple of things here... by codehead78 · · Score: 1

      Stallman is pushing for GPL3 in Linux because it is the flagship OSS project. He was so caught up in his myopic B.S. crusade that he didn't think Linus would say no. When Linus said no, Stallman then made the classy move of suggesting other kernel hackers go against Linus' wishes and license their parts of the kernel as GPL3.

      As Linus said, I don't need to recompile the kernel on my toaster or PVR. The FSF view does not scale well when it's not used against a monopoly. For RMS it was the UNIX monopoly, for this gen it's Microsoft. But when you use a software license to fight someone like TiVo, the cause doesn't seem as righteous... because they are just trying to make a buck. If the FSF really knew what was best for everyone then we wouldn't be discussing this, we'd be running the HURD kernel.

    17. Re:Couple of things here... by tolkienfan · · Score: 1

      That is an oversimplification. If someone receives code with the GPL V2 or later license, they can redistribute under GPL V3 (once it's final). That does not stop someone from receiving it from another source under GPL V2. The GPL allows the recipient to license others under the same terms. This allows them to license others under GPL V3 (if that was one of the terms). However, if someone takes a V3 version and modifies it - the modifications will not be obtainable under V2 (unless the modifications are specifically licensed under V2, of course), nor would the whole. Also, someone who already has rights under V2 cannot lose them by receiving the same software under V3. (V3 may be stricter is certain areas). V3, however, can give additional rights. (There are places where V3 is more lenient) Lastly, there are many files, even in the kernel, that DO state "V2 or later version". So it may not be hard at all.

    18. Re:Couple of things here... by Mr+Z · · Score: 3, Informative

      It's actually pretty simple. Portions of code licensed as "GPL v2 or later" can be incorporated into a GPL v2 program or a GPL v3 program. Portions of code licensed as GPL v2 only can only be incorporated with GPL v2 programs (or other licenses compatible with GPL v2, of which I believe there are precious few). GPL v3 is not strictly compatible with GPL v2, because it "adds additional restrictions." When you integrate GPL v2-or-later code into a GPL v3 program, the result is GPL v3.

      This is sorta like how BSD-minus-advertising-clause is "compatible" with GPL, in that such BSD code can be integrated into a GPL v2 program without violating the BSD license. The result is a GPL v2 program, though. You can't take GPL v2 code and integrate it into a BSD-licensed program and end up with something BSD-licensed, because of the requirements GPL places on requiring source with redistribution. Relicensing as BSD removes that requirement and thus violates the license on the GPL v2 code.

      As a user, the only impact of the "GPL v2 or later" clause is that I can pick which ever one suits my fancy. As it stands, GPL v3 places more restrictions on what I can do with the code than GPL v2, so as a user I'll probably pick GPL v2. If GPL v4 were to come along and say "Do whatever you like, you may as well consider this code public domain," then I as a user could go hog wild with it.

      As far as migrating the Linux kernel or any other GPL v2 app to GPL v3.... If the license on a bit of code is "GPL v2 or later," then it's trivial to make future versions "GPL v3 only." You can't "take back" the GPL v2-or-later versions, but you can make future versions GPL v3, removing the support for GPL v2. In Linux, portions of the kernel are GPL v2-or-later, so those portions can become parts of GPL v3 apps easily. The bulk of the kernel is GPL v2-only (w/ binary kernel module exception). So to bring the kernel into GPL v3 land, Linus would have to talk nearly everyone into either relicensing the kernel as GPL v2-or-later or GPL v3.

      --Joe
    19. Re:Couple of things here... by biglig2 · · Score: 1

      Well, these are the two camps.

      The Free Software People want licenses that make the source available for social/political reasons, because they believe that the general purpose computer is too important a tool to allow anyone to control it.

      The Open Source People want licenses that make the source available for practical reasons, because they believe that doing so makes for better software.

      These are two seperate groups, and while their needs and aims often coincide, they don't always. Linus is an open source person, so he is leery of GPL3 because he suspects, rightly I think, that some of the changes will not make for better software. No surprises there.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    20. Re:Couple of things here... by biglig2 · · Score: 1

      I don't think Stallman is pushing for GPL3 in Linux. I think he believes that GPL3 is a better license, unsurprisingly, but if Linus is against it, so what? the point of the free software movement is for there to be a free alternative to non-free software. GPL2 is certainly free, so the Linux kernel is going to remain free, and anyhow, won't Hurd go to GPL3 eventually?

      The Tivo comment you make is surely a bit of a Troll? Sure, they're just trying to make a buck, and nothing wrong with that, but making a buck out of someone else's work is a less morally secure position.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    21. Re:Couple of things here... by codehead78 · · Score: 1

      Tivo gave code back. But that wasn't good enough. They locked down the platform to make their business model work. They sell the units at a loss.

    22. Re:Couple of things here... by Anonymous Coward · · Score: 1, Interesting

      Umm, a "v3 or later" clause doesn't let one select v2?

      You ARE correct about it letting the licensee choose which license they want if there's more than one option, however. So things now distributed under GPL v2 or later clauses will leave licensees the option of accepting it as a v3 licensed work instead of a v2 licensed work.

      Therefore, if the GPL v3 is v2 compatable, they could in theory accept "v3 or later" licensed code into the kernel, leaving the older stuff as v2 only and the new stuff as v3+ only. Of course, that could also become complex over time, if there were sets of licenses that could be incompatible as well as others that were not.

      E.G. if you have a license that is v3 compatible but not v2 compatible, and you mix GPL v2+ licensed code with it, that pretty well forces you to accept it as v3/other licensed code, no longer being able to use it as GPL v2 while in combined form.

      I have no idea how one manages those scenarios.

    23. Re:Couple of things here... by arth1 · · Score: 1
      First off, please forgive my ignorance, but is it really *that* important for Linus to decide to move Linux from the GPLv2 to the GPLv3? Just because version 3 of the license becomes available does not automatically invalidate the version 2 license does it? Why is this such a hot button issue?


      Well, from TFA, Mr Torvalds seems to have disagreements with FSF about what GPL2 really means. If that's the case, the Linux kernel needs to move to something else, which both Mr Torvalds and the people who own the license can agree upon. GPL3 might not be it, but it would be much more fruitful if Mr Torvalds parted company with Mr Stallman if he can't even agree on what the current license means.

      Regards,
      --
      *Art
    24. Re:Couple of things here... by extrasolar · · Score: 1

      But he's a geek. Sharks and lasers are still cool right?

    25. Re:Couple of things here... by Kaellenn · · Score: 1

      I'm not criticizing it for having a political position--I will not go into whether or not I agree completely with their political position.

      From reading Linus' comments, it seems to me that he believes that a software license should be about licensing software--not about pushing others towards complying with your view as to how that should happen.

      There is some erroneous language in the v3 license from what I understand that makes it seem to Linus (and very likely some others) that the GNU is pushing their political agenda a little harder than they perhaps should be WITHIN the bounds of a software license.

    26. Re:Couple of things here... by Kaellenn · · Score: 1

      Very nicely put; pretty much falls in line with exactly what I'm thinking myself.

      I (admittedly) do tend to see the "free software" people as a bit of the "zealot" type. Software to me is about software; not political revolution.

    27. Re:Couple of things here... by john83 · · Score: 1

      But isn't the point of the GPLv2 is that you have to licence the new version using the GPLv2. Or is it just a simpler "release the code with some form of copyleft" condition?

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    28. Re:Couple of things here... by Anonymous Coward · · Score: 1, Insightful

      You are ignorant. You don't know the difference between free software and open source. Learn more about it. Start here and here. Free software is about freedom... Freedom is, among other things, a human right and civil liberty and should be part of any political agenda.

      But let's call a spade a spade here and look at what GPLv3 is about: attempting to hide attempts to restrict developers under the guise of being an update to the world's most popular open source license.

      The GPL has always been restrictive in specific ways. And version 3 does have additions to its restrictive nature. Read why. You don't have to agree with him but at least your not ignorant. If GPL is too restrictive for you then don't use for your code.

    29. Re:Couple of things here... by Anonymous Coward · · Score: 0
      they believe that the general purpose computer is too important a tool to allow anyone to control it.


      except the current DRM boogeyman example (TiVo) is not a general purpose computer...
    30. Re:Couple of things here... by maxume · · Score: 1

      Linus doesn't use 'or later'. So all of his code is available under v2 and only v2.

      The interesting question is: Will GPL3 be GPL2 compatible? Vice versa?

      --
      Nerd rage is the funniest rage.
    31. Re:Couple of things here... by Kjella · · Score: 1

      I believe you are wrong here, although I'd like to here an expert say something on this. As I see it anything with the "or later" clause is dual licenced now and any developer wanting to extend that software can choose V2, V3, or "V2 or later" licences. (...) If what you said was true then no current GPL software could be used in GPL v3 software unless all copyright holders gave consent. Remember that the developer is an end user as well.

      Well, first of if you're in good FSF spirit you'd choose "V3 or later". Secondly, if what he said is true all software that mixes "V2 only" and "V2 or later" is already in violation of copyright law, since the "V2" license doesn't grant the "V2 or later" right to the combined code.

      The common perception is that you recieve the software under one specific GPL version (of the choices available to you), and that you may distribute that software under that license as long as you do not restrict the user's rights under that license. That is at least consistent with other dual licenses.

      Let's assume one program said "V2 or later". Then recieving that program should be identical to recieving that program under "V2", "V3" and "V4 or later" separately. That [GPLv2+] = [GPLv2] + [GPLv3] + [GPLv4+]. If that is the case, you can accept only those licenses you choose. Certainly nobody ever said you must accept all versions of the GPL, even those not published yet.

      So I think you can can safely say you can create derivates that as a combined work is only redistributable under one specific version of the GPL. Where it gets really shady is how you can modify the code to reflect that. Tampering with license specifications is in general a big no-no, and the GPL doesn't let you do that either, it only lets you choose depending on what's already specified.

      Technically I think you might have to leave all code specified as "V2 or later" as that, because even if you accepted it only under "V3", you don't have the right to change it to "V3". If you copy it somewhere, you must copy the specification. If you want to insert "V3" code, you must specify that (or accept it becoming part of the "V2 or later" part. Sure it'll quickly be a mushpot and certainly not usable under anything but "V3", but in theory I don't think you have the right to remove the V2-specification.

      --
      Live today, because you never know what tomorrow brings
    32. Re:Couple of things here... by maxume · · Score: 1
      Linus doesn't use 'or later'. So all of his code is available under v2 and only v2.

      Unless of course, I should add, Linus changes his mind.

      --
      Nerd rage is the funniest rage.
    33. Re:Couple of things here... by Peaker · · Score: 0

      Too much politics and agenda and not enough open source development.

      That's the whole point Stallman is trying to make, and everybody seems to be missing.

      Its not about the software - it is about the freedom. Not the freedom to restrict users with copyrights or patents (actually that's a power, and not a freedom), but the freedom of a software user to freely run, learn from, distribute and modify the software he uses (or ofcourse to delegate this right to someone with the necessary technical skills to do so).

      You call it politics and attempt to avoid talking about it. Stallman is knowingly calling it discussion of freedom and urges everyone to talk about it.

    34. Re:Couple of things here... by jonbryce · · Score: 1

      But increasingly, software dictates how you run your life.

      You may be perfectly happy with the decisions Microsoft has made for you about how you should type your letters and so on, but if you are not, you should want the freedom to change it, or to receive a copy of the software from a like minded person who has made the changes for you.

    35. Re:Couple of things here... by burndive · · Score: 1
      If that's the case, the Linux kernel needs to move to something else

      Not if he's perfectly happy using GPL2. GPL2 is a freely-redistributable lisence as long as you keep it intact. Anyone can use it, even to distribute a screen saver that displays "FSF Sucks!" all over the screen, no matter what Stallman or anyone else thinks about it. Torvalds does not need FSF's permission to use its lisence.

      As long as Torvalds can interpret GPL2 to mean what he thinks it means (and the courts agree) he has no reason to change anything.

      --
      ...because "hacker" sounds way sexier than "code drone."
    36. Re:Couple of things here... by jbolden · · Score: 1

      but is it really *that* important for Linus to decide to move Linux from the GPLv2 to the GPLv3? Just because version 3 of the license becomes available does not automatically invalidate the version 2 license does it?

      Assume for a moment Linus had all rights to the kernel : This is not at all the case, this is a though excercise). The GPL 2 is not compatible with GPL3. Which means you can't move code back and forth. You are also going to have to be very careful about not deriving a work from a GPL2 and GPL3 source (since they you couldn't distribute it).

      So A writes a kernel module. B takes the kernel module (GPL2) and compiles it. He links against a library which is GPL3. He distributes it under GPL3. A sues B for copyright violation claiming that distribution under CPL3 is a violation of B's license. B loses.

    37. Re:Couple of things here... by Watson+Ladd · · Score: 1

      Simple: use the "or later" clause the GPLv2 has.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    38. Re:Couple of things here... by Kaellenn · · Score: 1

      Which, in my eyes, is the beauty of open source development.

      I'm not saying I'm against free software; I'm in fact very much for it.

      But freedom should be about freedom; not "freedom my way."

    39. Re:Couple of things here... by MooUK · · Score: 1

      That clause is not part of the license, but part of the preface stating that the license applies to the software in question, and is entirely optional on the part of the copyright holder.

      In the case of the Linux kernel, much of the code is NOT 2-or-later.

    40. Re:Couple of things here... by edy_42 · · Score: 1
      Now I'm not trying to bash Stallman or the FSF, they have made some wonderful contributions to the community.
      Made some wonderful contributions to the community? Dude, Stallman and the FSF started the community. A very significant portion of every Linux distribution (the GNU toolchain and other GNU utilities) was created by Stallman and the rest of the GNU Projet and FSF. Stallman is a visionary leader, and he reacts radically. But, in a time in which nobody gives a damn about anybody's rights, radical actions/licenses are neccesary. I was quite impressed when I read the text of the draft GPL v. 3.
    41. Re:Couple of things here... by Stephen+Samuel · · Score: 1
      There are two ways to license under the GPL.

      One is: License under GPL V2.1 or any later verson.
      The other is: License under GPL V2.1. (period).

      In the former case you could relicense under GPL3 without asking anybody. In the latter case you would have to get hold of the original authors and get their permission first.

      Linus chose the latter case.

      --
      Free Software: Like love, it grows best when given away.
    42. Re:Couple of things here... by ComaVN · · Score: 1

      How do you *own* a license?

      Surely I can copy the text of GPLv2, just strike the clauses I don't like (like that silly "any
      later version" part), and distribute my code under that license?

      In the case of a license dispute concerning the Linux kernel source code, FSF is not a party at all, and their interpretation of the license is irrelevant.

      --
      Be wary of any facts that confirm your opinion.
    43. Re:Couple of things here... by ciggieposeur · · Score: 1

      I think that it is entirely legitimate to fork a "V2 or later" file and make the fork "V2 only", "V3 only", "V3 or later", etc. The original "V2 or later" source file is still available from the original project, and a new fork could retain the "V2 or later" license.

      More generally, I think the intention of the DRM clause in GPLv3 is dead on. I DO write GPL code, and it is "V2 or later", but when V3 is out my code will move to "V3 or later". Simply put, if someone wants to take my public code and lock it down, they'd better pay me for it.

    44. Re:Couple of things here... by Alsee · · Score: 1

      move Linux from the GPLv2 to the GPLv3?

      He can't. Period. He does not have the power to relicense the other programmers' code contributions which were made under GPL2 and only GPL2. It would be a practical imposibility to contact all of the relevant copyright holders to do such a relicensing.

      let's call a spade a spade here and look at what GPLv3 is about: attempting to hide attempts to restrict developers

      False.

      Let's call a spade a spade here and look at what GPLv3 is about: clarifying the ORIGINAL operation of the GPL, and increasing the compatibility with other open sources licenses.

      The two supposedly anti-DRM clauses are in fact nothing more than clarifications of the original intent and original function of the GPL.

      (1) The original GPL was about ensuring I have all legal rights necessary to modify and use DERIVATIVES OF MY OWN CODE. That if you redistribute modifications of MY code under the GPL, that that redistribution must include all legal rights to further modify and use that code. The GPL3 merely clarifies that yes, that does include granting any DMCA-rights relevant to modifying and using that code.

      (2) The original GPL was about ensuring that redistributions shall include all of the source necessary to modify and use DERIVATIVES OF MY OWN CODE. That if you redistribute modifications of MY code under the GPL, that that redistribution must include all of the source information needed to sucessfully compile a working program. The GPL3 merely closes a potential loophole that someone might try to use in an attempt to violate the GPL... it clarifies that yes, the "complete source" does indeed include any of the components (including any key) needed to compile a working program. Clarifies that no, you cannot deliberately redistribute incomplete source that cannot be modified and compiled to a working version.

      You are perfectly welcome to develop anything you like under the GPL or the GPL3, including DRM. However the simple fact is that the GPL has always been about ensuring the legal right to make modifications and ensuring the full and complete source to be able to make modifications. The simple fact is that it has always been pointless to do DRM under the GPL when you are explicitly giving people the legal right and the ability to modify or remove that DRM.

      The GPL3 has those two clarifications, but mostly it's about improving compatibility with other open source licenses.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  4. Somewhat Dupe ... by karvind · · Score: 5, Informative
    Our earlier slashdot stories unless he explains more ..

    Torvalds Explains Dislike For GPLv3

    Linus Says No GPLv3 for the Linux Kernel

    1. Re:Somewhat Dupe ... by Anonymous Coward · · Score: 2, Insightful

      The GPL v3 is aimed at ensuring that you always have the right to modify a GPL v3 program and still have it work as it did. That's all. It's rather unfortunate that lots of people hear the term "DRM" and immediately think of music/video piracy, because DRM is really about the control of applications, and preventing you from modifying them.

      You see, one of the main aims of the GPL v3 is to stop Trusted Computing from being used *against* the owner of a machine. With the previous version of the GPL, it's quite possible for the likes of IBM to build computers based around Linux, which you cannot modify. You can't recompile the kernel, because the hardware will reject it, or at the very least report that it is "untrusted". You can't recreate the software because you can't sign the binary. You have lost the right to modify that program. DRM comes into it because DRM is all about preventing the modification of code and controlling the code that can access certain data (and, btw, need I remind you that code is also digital data and subject to DRM).

      Stallman and the FSF have cut right to the heart of the DRM argument. It's a shame that so many, including Torvalds and lots of apparently smart people on Slashdot, haven't... and still think it's an argument over ripping DVDs and CDs.

      The discussions over the GPL v3 are valuable in that regard, because they are flushing out all these issues into the open. None of the tech companies want to talk about it... including IBM and, I should add, Linux distributors like Red Hat. We must force them to.

    2. Re:Somewhat Dupe ... by Whafro · · Score: 1

      Forbes is a big magazine, though. This is the difference between you telling your significant other that you don't like your job, and you telling the New York Times that you don't like it.

      This Forbes interview will make business-types who know nothing about software, but recognize Linus's name and think him a genius think that the GPLv3 is bad news, and they won't read any RMS rant on some random blog that gives the other side of the argument.

    3. Re:Somewhat Dupe ... by kz45 · · Score: 1

      You see, one of the main aims of the GPL v3 is to stop Trusted Computing from being used *against* the owner of a machine. With the previous version of the GPL, it's quite possible for the likes of IBM to build computers based around Linux

      and this is hurting linux or open source...how? You still have the orignal source code before IBM modified it. You just don't get the changes, which weren't there anyway.

    4. Re:Somewhat Dupe ... by Anonymous Coward · · Score: 0

      The software has been made de facto proprietary. Only IBM can sign the binary with the correct key... only IBM can modify it and still have it run correctly (in case you are confused, pretty soon all new PCs will contain the hardware to enforce this). The GPL v3 says that you must pass on this right to the people who use the software... in this case, the key you used to sign the binary. Without the ability to modify it and still have it work as it did, it's not Free software.

    5. Re:Somewhat Dupe ... by kz45 · · Score: 1

      The software has been made de facto proprietary. Only IBM can sign the binary with the correct key... only IBM can modify it and still have it run correctly (in case you are confused, pretty soon all new PCs will contain the hardware to enforce this). The GPL v3 says that you must pass on this right to the people who use the software... in this case, the key you used to sign the binary. Without the ability to modify it and still have it work as it did, it's not Free software.

      I fully understand the concept of free software. I am just pointing out that if IBM (or any company for that matter) decided to take GNU software and close it up, without re-releasing their changes, it would not change the ability to use and distribute the original piece of software in any way. The freedom would still be there.

      The only thing you would not have is IBM's changes, which is their code anyway.

    6. Re:Somewhat Dupe ... by Anonymous Coward · · Score: 0

      I fully understand the concept of free software.

      Clearly not, or you would not have made this statement:

      I am just pointing out that if IBM (or any company for that matter) decided to take GNU software and close it up, without re-releasing their changes, it would not change the ability to use and distribute the original piece of software in any way.

      Since this would be a direct violation of the GPL. You would be using someone else's copyrighted work against their wishes.

    7. Re:Somewhat Dupe ... by kz45 · · Score: 1

      Since this would be a direct violation of the GPL. You would be using someone else's copyrighted work against their wishes.

      hmm, now you are starting to sound like the BSA. I thought it was about "freedom".

      anyway, I know it would be a violation, I just think it is less about freedom and more about control.

      The GPL doesn't need one of the main clauses that forces a user of the source to re-release the source. There would still be lots of free software around, but with true freedom..the ability to do what you want with it.

    8. Re:Somewhat Dupe ... by kz45 · · Score: 1

      You see, one of the main aims of the GPL v3 is to stop Trusted Computing from being used *against* the owner of a machine. With the previous version of the GPL, it's quite possible for the likes of IBM to build computers based around Linux, which you cannot modify. You can't recompile the kernel, because the hardware will reject it, or at the very least report that it is "untrusted". You can't recreate the software because you can't sign the binary. You have lost the right to modify that program. DRM comes into it because DRM is all about preventing the modification of code and controlling the code that can access certain data (and, btw, need I remind you that code is also digital data and subject to DRM).

      This is a nice idea, but if all the major hardware manufacturers started using DRM, we would just see a major decrease in linux support. I think Stallman is trying to leverage power that he does not possess.

  5. Re: From my vantage point by XanC · · Score: 5, Insightful
    From my vantage point (and I may well be missing something important), it looks like the anti-GPL3 sentiment comes from a misinterpretation about encryption keys. If that's clarified, either in people's heads or the wording or both, I don't see any real negatives.

    I see a GPL that prevents companies from using DRM (which wasn't around for v2) to get around GPL requirements. Basically those same requirements that we liked from v2.

  6. Sweet! Zealot B.S. for the 7,000th time by Mateo_LeFou · · Score: 5, Insightful
    GPLv3 is closing loopholes, see the TiVo example, by which people could use other people's work and ignore their obligations under the license, i.e. by making the code modifiable but making modified versions of the code unrunnable.

    If Linus is fine with TiVo's method of coopting the kernel and making it for all practical purposes unmodifiable, that's his business. But lots of other people have contributed code to free software and are not.

    PS: this is how I understand it so far. My opinion is subject to revision

    --
    My turnips listen for the soft cry of your love
    1. Re:Sweet! Zealot B.S. for the 7,000th time by Anonymous Coward · · Score: 1, Insightful

      How can modified versions be "unrunnable"? Only if you are choosing the wrong hardware to run your code on. Ex:

      - I modify the TiVo code but it is "unrunnable" because the TiVo hardware doesn't run any code with a md5sum different from b8bc0c13ab3fe6c1727cf4a27b0204d2.

      - I modify the iPod shuffle firmware to display the artist, but it is "unrunnable" because the iPod shuffle has no screen.

      In both cases you are simply choosing the wrong hardware to run your code on.

    2. Re:Sweet! Zealot B.S. for the 7,000th time by timeOday · · Score: 1

      They're only "loopholes" if everybody agrees they should be closed. Apparently that's not the case. Stallman is more principled whereas Torvalds is more pragmatic, so there are bound to be differences of opinion.

    3. Re:Sweet! Zealot B.S. for the 7,000th time by jimicus · · Score: 3, Interesting

      In the case of the first, there's no point in TiVo releasing code complete with any modifications. You can't use it anyway.

      There's been a similar thread discussing companies working around the GPL recently on my local LUG mailing list. In this case, discussion concerns a piece of hardware which uses GPL'd code but requires a hacked GCC to compile.

      The theory is:

      "The code says:

      int do_something(void) {
      #DO_SOMETHING
      }

      The compiler is hacked to insert the real code when it sees #DO_SOMETHING. The company which distributes the compiled source code doesn't distribute a compiler, so is not obliged to release the source code for the compiler itself, thus providing an end-run around the GPL."

      How true this is, I don't know. It's speculation. Please don't mod me up just because you think this makes sense!

      Essentially, GPLv3 adds a "Don't take the piss" clause. AIUI, the problem is putting this in legal parlance.

    4. Re:Sweet! Zealot B.S. for the 7,000th time by owlstead · · Score: 2, Insightful

      "...and ignore their obligations under the license, i.e. by making the code modifiable but making modified versions of the code unrunnable."

      Unrunnable? On the hardware they make, yes. These are specialized devices for specific purposes. But anybody can take a look at the code and use it for their own TIVO device.

      I hate it when people are locked out of the devices that they use. I think it is of no business to anybody if I decide to alter things that are legally mine. But I do not think that this is a cause for the GPL.

      I agree with Linux (he seems to be a very sane person to me). As long as they make their changes available, I don't care about what they do. If anything, the GPL might be too restrictive - most other OSS licenses are more free.

    5. Re:Sweet! Zealot B.S. for the 7,000th time by Anonymous Coward · · Score: 0

      "You can't use it anyway" is a vague statement. I doubt that the laws of physics make it impossible to create hardware that will run your modified code. Now whether that hardware can be assembled using common household items or whether you need your own chip fabrication plant is a good question, but saying "can't" in its 0-1 possible/impossible meaning is a bit too strong.

    6. Re:Sweet! Zealot B.S. for the 7,000th time by jonbryce · · Score: 1

      Alternatively, you might modify the ipod shuffle firmware to enable it to play .ogg files, or some other audio format.

      There is no technical reason why the shuffle couldn't do this, other than perhaps lack of cpu power, but apple for various reasons chose only to support a limited number of formats. It isn't feasible for them to support all of them, but if you disagree with their choice, you might want to change it.

      By using DRM, Tivo have prevented you from doing things with your hardware which it is perfectly capable of doing, and prevented you from modifying the code to enable you to change this.

    7. Re:Sweet! Zealot B.S. for the 7,000th time by Pollardito · · Score: 1

      if that were the definition, than nothing is a loophole. surely the people that are taking advantage of tax loopholes don't want them to be closed, so those aren't loopholes either? a better definition of loophole is something that the creator of the license didn't mean to be open.

    8. Re:Sweet! Zealot B.S. for the 7,000th time by Anonymous Coward · · Score: 0

      The "#DO_SOMETHING" version of your code is clearly not the Preferred Form of your code. Therefore, you are distributing your code in violation of the Preferred Form clause of the GPL.

      No dice.

    9. Re:Sweet! Zealot B.S. for the 7,000th time by bensch128 · · Score: 1

      Won't it be possible to work around this by using one of those new hashing clash techniques demoed recently? I thought that it would be possible to get the same md5sum if the binary was built just right.

      Just a thought,
      Ben

  7. Most popular OSS? by woobieman29 · · Score: 3, Interesting
    From TFA: "Torvalds' opinion matters because his program is by far the most popular open source program in the world."

    I'm not sure....would maybe Firefox have more overall users? Seems that it's on 80-90% of Linux boxes, plus an ever growing number of Windows machines and other OS's as well.

    --
    \/\/oobie
    1. Re:Most popular OSS? by pcmanjon · · Score: 1

      "I'm not sure....would maybe Firefox have more overall users? Seems that it's on 80-90% of Linux boxes, plus an ever growing number of Windows machines and other OS's as well."

      The article was written by a poor journalist. The theme of the article hovers around GPL3 -- so I believe its context was meant in that of "Most popular GPL program"

      Firefox is not released under the GPL.

      I would be willing to bet that xfree/xorg are more popular though, being on Solaris, BSD, Linux and more boxes. GCC is also another possible contender. What linux-like machine doesn't have GCC?

    2. Re:Most popular OSS? by PipeIsArt · · Score: 1

      An interesting point, but you might have forgotten about all the business servers that run Linux and do not have a front-end. Even if the end-user count is greater for Firefox than for Linux, all Linux-based projects (Debian, Suse, Ubuntu, Xfce, etc) have an oeverwhelmingly greater amount of people working on them than Firefox. As mentioned earlier, is FSF just seeking Linus's opinion for good PR? Or is it because GPLv3 would die quickly without his support?

      --
      I find that although many people are liberal in beliefs, they are conservative in actions.
    3. Re:Most popular OSS? by null_session · · Score: 1

      I was thinking it would be Apache ... It's standard on almost every UNIX and UNIX like system out there.

    4. Re:Most popular OSS? by mqduck · · Score: 1

      I'm not sure....would maybe Firefox have more overall users? Seems that it's on 80-90% of Linux boxes, plus an ever growing number of Windows machines and other OS's as well.

      I noticed that too. A better phrase would be that Linux is "the program most responsible for popularizing the GPL."

      --
      Property is theft.
    5. Re:Most popular OSS? by Dynedain · · Score: 1

      Firefox just recently passed the 150 million download mark.

      Redhat alone sold 215,000 sold 215,000 Linux licenses in just the 2nd quarter of 2005.

      Think outside of your tiny world of single-pc households and do the math. There are a lot more Linux installations than there are Firefox installations.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    6. Re:Most popular OSS? by Mr+Z · · Score: 1

      Firefox is not released under the GPL.

      Actually it is, kinda. Isn't Firefox offered under three licenses? NPL, MPL and GPL? If you want your code to make it back into mainline Firefox, you have to agree to license it three ways. But if you want to fork Firefox and make a GPL-only version, nothing stops you.

      ... Ok, I dug it up. They're attempting to get it all under the tri-license. Check it out. There are some portions that aren't GPL yet.

      --Joe
    7. Re:Most popular OSS? by irc.goatse.cx+troll · · Score: 1

      How many of those redhat installs included firefox?

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    8. Re:Most popular OSS? by woobieman29 · · Score: 1
      No need to get snippy Dynedain, I certainly can and do think outside my "tiny world of single-pc households and do the math". My math however includes the fact Firefox downloads are only tracked from the download page, and do not include the hordes of Firefox installs that are done via apt, yum, etc or via a Linux installation such as the vast majority of those 215,000 RedHat installs that you mentioned.

      *Think* a bit before you cop attitude.

      --
      \/\/oobie
  8. I was thinking gcc. by cduffy · · Score: 5, Insightful

    Firefox is only on workstations -- headless servers typically won't have a web browser; my company's certainly don't. I was thinking gcc would be a better candidate: Not only is it installed on a strong majority of Linux-based systems, but also on a large number of traditional Unix systems elsewhere.

    1. Re:I was thinking gcc. by undeadly · · Score: 1
      Firefox is only on workstations -- headless servers typically won't have a web browser; my company's certainly don't.

      I'm sure meant "graphical webbrowser" ;-) The default install of OpenBSD has lynx installed, though I don't use it often, it's very handy when you need some kind of web browser, like reading docs that is in html format.

    2. Re:I was thinking gcc. by bigpat · · Score: 1

      Firefox is only on workstations -- headless servers typically won't have a web browser

      "popular" is a measure of how many people would be using it, not how many installations. I think firefox is used directly by more people than linux, unless you count the fact that google uses linux and more people use google than they do firefox. So, yes Linux does win the popularity contest, just the people voting don't know it.

    3. Re:I was thinking gcc. by jimicus · · Score: 1

      And the rest. Eg. I believe it's the defacto compiler for VxWorks, a popular realtime OS.

    4. Re:I was thinking gcc. by owlstead · · Score: 1

      "Not only is it installed on a strong majority of Linux-based systems, but also on a large number of traditional Unix systems elsewhere."

      Don't forget the cygwin install base, although it might not amount to that much, and they might not have gcc installed.

    5. Re:I was thinking gcc. by jcern · · Score: 1

      and don't forget those embedded systems. tivo, routers, etc... those have linux running too.

    6. Re:I was thinking gcc. by TheRaven64 · · Score: 1

      How about bash? It's on most Linux installations, every Mac running OS X, and a lot of other commercial and free UNIX and UNIX-like systems (including a fair number of Windows boxes).

      --
      I am TheRaven on Soylent News
  9. community split by slackaddict · · Score: 2, Interesting
    I've read several other articles that point to the impending split within the OSS community. We've got the fringe OSS purist element on one side and the business community on the other side. The fringe element doesn't want anything commercial tainting OSS and the business community wants OSS to play with commercial products and technologies.

    I don't think it's a matter of right and wrong, but a battle of ideas between purist "ivory tower" types and the real-world that has legitimate needs for OSS and the business community to work together. Like I said before, if you think that businesses like IBM have purely altruistic motives for supporting Linux and OSS then you are sadly, sadly mistaken. Businesses have a responsibility to their shareholders to make money. Linux/OSS is a means to an end. But in the meantime, the enemy of my enemy is my friend.

    --
    ConsultingFair.com
    1. Re:community split by JohnFluxx · · Score: 1

      Can we please not mix up commercial with proprietary. It's really not that hard if you really concentrate :P

  10. See the crusaders march by MikeRT · · Score: 0, Flamebait

    So web services built on OSS that don't release the code are not REALLY in compliance? What's next. Do employees get the source code for their payroll system if it runs on Linux?

    1. Re:See the crusaders march by Maximum+Prophet · · Score: 2, Interesting

      No, you can still sell the services of a machine that has GPL3 and not release your code. You can take a already take a machine that runs GNU/Linux modify it up one side and down the other, and not release a thing. Software copyrights also allow you to do this. That's why most companies like Microsoft won't sell you a copy of software, instead they "license" it to you.

      GPL kicks in only when you want to *publish*. If you want to publish a hybrid of your code and GPL code, like the Tivo kernel, you have to release source code. If you don't want to do that, you can release your product as closed source which is installed as a separate product from the Linux kernel.

      That's basically what Tivo does with a twist. They've imbedded DRM into their kernel such that the kernel source is available, but you need their keys to unlock the content on the box. People have hacked around this, but it's a pain.

      GPL3 is trying to fix this. Under it, Tivo wouldn't be allowed to use GNU/Linux unless the released code to everything necessary to make a Tivo work. Tivo, the company, is perfectly free to continue using the source they've already got, and to only release what they've already released, but they wouldn't be able to use new drivers and features that are GPL3'd.

      Linus is using the Von Braun defense. ..."Once the rockets are up, who cares where they come down. That's not my department", says Wernher Von Braun...


      P.S. The other thing that GPL allows the end user to do, is to buy one copy and to run it on as many machine as they want to. Ordinary copyright and software licenses don't allow this.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    2. Re:See the crusaders march by frank_adrian314159 · · Score: 4, Insightful
      Do employees get the source code for their payroll system if it runs on Linux?

      Why not? It's the data and binaries in the payroll system that need to be secure, not the source code.

      --
      That is all.
    3. Re:See the crusaders march by Alsee · · Score: 1

      web services built on OSS

      First of all kills that ambiguous/missleading "built on OSS" junk. The GPL only applies to code where the copyright holder has chosen to place it under the GPL and to drivatives of that code (which as per copyright law is also protected under that original copyright). The GPl does not apply to some thing simply built/running on top of Linux or other OSS platform.

      So lets trim that quote to:
      web services

      They were considering a clause that webservices software licensed under the GPL would have to make the source code available, but thus far they have NOT included any such clause.

      Do employees get the source code for their payroll system if it runs on Linux?

      Again, get rid of that misleading "runs on Linux" junk. The GPL only applies to sofware that was placed under the GPL by the copyright holder. It does not apply to software "running on Linux".

      So lets trim that quote to:
      Do employees get the source code for their payroll system

      Well the GPL only applies if you redistribute the software, and it need only apply to those people to whom you directly GIVE a copy of that program.

      So you only need to make the payroll source available to employees if you are actually giving those employees a copy of the payroll program.

      So the answer to both of your questions is no.

      You missunderstood the GPL/GPL3, and your sneering subject line about crusaders is unfounded.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  11. GNU/Linux kernel? by amightywind · · Score: 5, Interesting

    I wonder if Linus even has the real authority to unilaterly switch to an alternative license. I don't think so. By his own admission he is not a deep thinker about the philosophical (he says polical) part of the job. Many of his colleagues are. Any change would have to be accepted by the core kernel developers. If not a fork is all but inevitable (GNU/Linux anyone?). My guess is he will talk like this from time to time but will be under pressure to maintain the status quo.

    --
    an ill wind that blows no good
    1. Re:GNU/Linux kernel? by KarmaMB84 · · Score: 1

      Linus can't unilaterally change the license, but nor can it be forked with another license since the kernel is GPLv2 with no "or later" clause. Unless the entire kernel community wants to rewrite every part of the kernel that Linus has touched since its inception, Linus will get the last word on the license. The whole argument is mostly moot since they couldn't possibly get all the contributors to agree to change the license anyway.

    2. Re:GNU/Linux kernel? by jbolden · · Score: 1

      It depends whether there agreement is really necessary. Lets assume that Linus had the opposite opinion and released the kernel under GPL 3. Developer A agreed and developer B disagrees. Both people's code is in the kernel. What does B do about it?

      Lets say he sues distributor C. C argues he has done nothing outside GPL 2. As far as the additional encumbrance clause C may argue that B lacks standing over the entire kernel and the license applies to the whole. Who is he going to sue where he has enough standing.

      Of course for that matter I'd say standing is so convoluted that for all practical purposes the Linux kernel is public domain which is why companies have been so free with LKP since they know they can't get lose a suit.

    3. Re:GNU/Linux kernel? by HiThere · · Score: 1

      Convoluted? Public Domain? Not hardly. Companies have repeatedly bent when challenged over breaking the GPL. That's why it never (rarely) ends up in court. When it has gone to court, it has won, but going to court is expensive, and the Linux community has tried to avoid this.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:GNU/Linux kernel? by jbolden · · Score: 1

      I think you should reread what I wrote. Nothing had anything to do with whether the GPL was a valid license or not, everything would have applied just the same to any two commercial software licenses that were incompatible. BTW lots of companies have not bent when challenged over breaking licenses, when they have been able to win on other grounds. Standing is one of those "other grounds".

    5. Re:GNU/Linux kernel? by HiThere · · Score: 1

      True, standing would be a (frequently legitimate) ground. And you are correct, he would need to sue Linus (or the ODF). This is even *more* reason for Linus to be reluctant to change the kernel license.

      Caution. IANAL, so this is only a layman's theory. Possibly he could also sue anyone else in the chain who redistributed his work. That they would have been acting in good faith would reduce damages to a pittance, but wouldn't prevent an injunction against further copyright infringement.

      You don't NEED to assert a claim over the entire kernel to prevent your piece of it from being redistributed under a changed license. It suffices that you assert a claim over your own piece.

      This cost was realized over a decade ago when Linus originally decided to not automatically allow "any later version" of the GPL to apply to the kernel. It hasn't gone away, and isn't likely to. At best the GPL3 will be compatible with the GPL2, and the pieces of the kernel that current contributors own the rights to can be relicensed. That will result in a kernel which is a mix of GPL2 and GPL3, which will be licensed under the more restrictive of whichever clause is under consideration (i.e., to redistribute the composite work will require agreeing to BOTH GPL2 AND GPL3).

      Big hassle. If GPL2 suffices for what you want, it's simpler to just stick with the GPL2.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:GNU/Linux kernel? by jbolden · · Score: 1

      You don't NEED to assert a claim over the entire kernel to prevent your piece of it from being redistributed under a changed license. It suffices that you assert a claim over your own piece.

      You are assuming what you are trying to prove here. The legal status of "your piece" could be highly ambiguous. Copyright laws doesn't have a notion of these platonic originals. A given work has a specific physical source and that specific source has a license. Because its going to be hard to argue what legal entity owns any specific kernel and the copy is from the kernel I think the courts are likely to hold no one has standing.

      Linus has done himself no favor it not getting rights the way the FSF has.

  12. Crap, another question ...I have a lot to learn by Mateo_LeFou · · Score: 5, Informative
    GPLv3 code "crimps the style of mad scientists everywhere by also putting restrictions on the use of the source code. You cannot install it on your hardware (laser-equipped shark or otherwise) without also making sure that others can install another version"

    If I understand it right, and I prolly don't, you can install any modified version whatsoever on your sharks. Your obligations re: making keys available etc. do not kick in until you distribute the modified version. i.e. if you're a shark salesman rather than a mad scientist.

    Is that right?

    --
    My turnips listen for the soft cry of your love
  13. Ignore him. by Spy+der+Mann · · Score: 3, Insightful

    Linus isn't an activist. He's just a programmer. Sure, he made a wonderful kernel, but it's the GPL that made his kernel popular and freely-downloadable.

    In any case, does it really matter if he redistributes his kernel under GPL2 or 3? It's not like it's the end of the world or anything. I think this is plainly media hype.

    1. Re:Ignore him. by Anonymous Coward · · Score: 0

      Bullshit. A license agreement in its own power can't make anything popular.

      That's like saying the development of a piece of software is less significant than the EULA it forces you to agree with.

    2. Re:Ignore him. by Anonymous Coward · · Score: 0

      "In any case, does it really matter if he redistributes his kernel under GPL2 or 3? It's not like it's the end of the world or anything."

      Bringing back slavery wouldn't be the end of the world either, but it still does matter.

    3. Re:Ignore him. by Spy+der+Mann · · Score: 1

      That's like saying the development of a piece of software is less significant than the EULA it forces you to agree with.

      The GPL is *NOT* an EULA! It's a DISTRIBUTION LICENSE!

      If Linus had released his kernel under a proprietary non-free license, nobody would've ever heard of it. I'm not saying that linux is inferior to the GPL, but that the GPL contributed A LOT to its success.

    4. Re:Ignore him. by flimflammer · · Score: 1

      Comparing Slavery to a GPLv2 to GPLv3 switch? rofl.

    5. Re:Ignore him. by glib909 · · Score: 1
      Sure, he made a wonderful kernel, but it's the GPL that made his kernel popular and freely-downloadable.

      Hmm ... maybe not necessairly. What OSS licenses besides the GPL would have been prohibitive to it having become as popular as it has become?

      I'm just curious, here.

      --
      Suudsu, that stuff is G-E-W-D.
    6. Re:Ignore him. by Anonymous Coward · · Score: 0

      What I'm saying is that you can't give so much credit to a group of people who do nothing but write a distribution license that's getting increasingly preachy.

      Linux could have been just as successful if Linus wrote "do whatever the hell you want with it." No GPL needed.

    7. Re:Ignore him. by ClamIAm · · Score: 1
      Linus isn't an activist. He's just a programmer.

      This is what I was thinking as well. I find it somwhat contradictary that at the end he says "I just worry about kernel bugs" after going off on little idiosyncracies of the first draft of something, and they'll likely change before the final.

    8. Re:Ignore him. by just_another_sean · · Score: 1

      "What I'm saying is that you can't give so much credit to a group of people who do nothing but write a distribution license that's getting increasingly preachy."

      You had a valid point unitl you said that (IMHO) opinion.

      The FSF/GNU project has done a hell of a lot more then just write a distribution license.

      In fact I would go so far to say that the pre 1.0 version of the Linux kernel would have had an interest level of 0 attached to if it were not for the widely availbale, free tools that people used to improve Linux into something that people could actually use. (gcc & friends, binutils, etc.)

      Preaching is what Stallman does. You can love it, hate it or ignore it and get back to programming. But a lot of us, when we get back to programming, have Stallman to thnak for the tools we are using.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    9. Re:Ignore him. by Anonymous Coward · · Score: 0

      Yes, let's ignore him. When he licensed the Linux kernel under the GPL he gave up all rights and interests in it to the FSF. Linus intent in choosing the GPL and his opinion on the use of the code he wrote doesn't matter, only what WE want matters. Screw the programmers, we own the code now and don't need them anymore.

    10. Re:Ignore him. by biglig2 · · Score: 1

      He's not really even a programmer, he's more a product manager. One of the best product managers in the world, of course.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    11. Re:Ignore him. by just_another_sean · · Score: 1

      "He's not really even a programmer"

      Of course he is. It may have been a while but he wrote the initial code and a lot of what came after. And he reads code at a level that makes most of us blush.

      Just because you don't write as much code as you used to doesn't mean your not a programmer anymore. Besides, what's he doing in his free time that we don't necessarily know about?

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    12. Re:Ignore him. by panthro · · Score: 1

      What OSS licenses besides the GPL would have been prohibitive to it having become as popular as it has become?

      Correct me if I'm wrong, but in 1991 I believe the only software license around that involved community contribution back into the codebase was the GPL. Most "OSS" licenses at the time were academic or between companies for development purposes. OSS was quoted because the term wasn't coined until 1998.

      --
      If you're not part of the solution, you're part of the precipitate.
    13. Re:Ignore him. by Billly+Gates · · Score: 2, Insightful

      bolony.

      People downloaded Linux because it was a free unix that they didn't have to put down $$$$ for a unix worksation.

      The GPL just happened to be the license that it was under. FreeBSD probably would have taken over if it were not for the AT&T lawsuit. INfact I heard of BSDI and FreeBSD long before Linux back when I wanted a heavy duty BBS system in 1993. I heard of linux several years later.

      Personally the license had noting to do wiht it and possix and BSD userland and kernels have been around for alot longer and would hav existed to this day without RMS.

    14. Re:Ignore him. by Arandir · · Score: 1

      The BSD and MIT licenses were around in 1991, and were quite suitable for the needs of the community. Just because they were "academic" licenses doesn't mean they weren't Free Software licenses. According to Linus' autobiography, if it weren't for the AT&T lawsuit, he might have used a BSD Unix on his i386 and never had the impetus to write Linux. That lawsuit was settled very shortly after he started, so it really comes down to a matter of timing.

      Linux's popularity is due to grabbing a critical mass of developer mindshare at the right time. Not because of the license. To be sure, many developers prefer copyleft-style licenses, but the lack of such hasn't harmed the popularity of Apache, Perl, Python, etc.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    15. Re:Ignore him. by maxume · · Score: 1

      I thinks it's pretty clear that Linus made his kernel freely downloadable. He happened to use the gpl to do this.

      I won't quibble on the popular, it's tough to say.

      --
      Nerd rage is the funniest rage.
    16. Re:Ignore him. by Arandir · · Score: 1

      The GPL is *NOT* an EULA! It's a DISTRIBUTION LICENSE!

      Relax, calm down, take a big deep breath. You'll live longer.

      And for the record, the GPL is indeed a EULA. As an end user, there are rights and privileges in the GPL which I do not get until I agree with it. Thus it's an end user license agreement.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    17. Re:Ignore him. by just_another_sean · · Score: 1

      and possix and BSD userland and kernels have been around for alot longer and would hav existed to this day without RMS.

      Um.... Stallman had something to do with a lot of this stuuff too.

      He coined the term POSIX, convinced a lot of people it was a good idea and wrote a good many of the tools included in the systems you mention.

      Yes, Stallman is uncompromising, political to a fault, sometimes even harsh and annnoying. But since when has ever claimed to be anything else?

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    18. Re:Ignore him. by Anonymous Coward · · Score: 0

      It matters because of Tivo, mainly. Tivo uses Linux, and they use DRM to make sure nobody runs anything else than their version of Linux on the box. You can download their sourcecode if you want, but if you change it, it won't run. GPL version 3 would prevent doing this, and so it is likely that Tivo (or some other company in the future) would stop using Linux for their cool hardware projects.

      Linus likes the fact that Tivo uses Linux, and it makes him sad that they would stop using it. Thus, he opposes GPL version 3.

    19. Re:Ignore him. by Anonymous Coward · · Score: 0

      Uh, no. Think underlying concept, not comparison of subjects of the analogy.

    20. Re:Ignore him. by Anonymous Coward · · Score: 0

      Tivo uses Linux, and they use DRM to make sure nobody runs anything else than their version of Linux on the box.

      So what? Why do so many people have their panties all knotted up over this? "OMG, teh 3V1L!!!1!!" I mean, grow up already.

      The same people who so often bitch and moan about companies spreading FUD are now themselves the source of so much FUD surrounding this whole Tivo thing. "They're twisting the intent of the GPL. They're skirting their moral obligations, defiling the holy GPL."

      Look here for a quaint example of a community FUD fest:
      http://www.groklaw.net/article.php?story=200603091 25458516

      What a bunch of bullshit. I think I'll start calling them GPL thumpers.

      The GPL is a legal document, and it clearly states it's intent: Modify this source and distribute, and you have to make the source (with modifications) available. You yourself acknowledge that the Tivo sourcecode is available. Tivo is in compliance.

      Exactly what legal obligation according to the GPL version 2 is Tivo failing to abide by? They are not required to make hardware that anyone can modify at will. They are not required to build a cheap HTPC platform for you to run MythTV on. They are not required to submit code changes back to the original project.

      What Tivo has "failed" to do is live up to your "I am better then thou" idealistic notion of how a good free software user should behave. And if the guy who ACTUALLY WROTE THE CODE doesn't think it's out of line? Oh, well, he can't be right (thump thump) just think of the GPL (thump thump) have to protect the GPL (thump thump thump).

      Linus likes the fact that Tivo uses Linux, and it makes him sad that they would stop using it. Thus, he opposes GPL version 3.

      Linus likes the fact that anyone uses linux. Linus' whole point about the laser sharks is that he wants everyone to be free to use his code any way they want, no matter if he thinks it's right or wrong (laser sharks being used to represent wrong, since many peoples brains obviously shut off at the mention of DRM. There was a /. story on this condition). Linus says he doesn't like that Tivo DRM locked their hardware, but to him that's just how they chose to use linux, which he feels they are free to do as long as they abide by the license terms of the GPL version 2. To him, freedom is important.

      And THAT is why Linus didn't like the draft of GPL version 3, because it removed peoples freedom to use the software. "Free" software my ass, the FSF and the rest of these GPL thumpers preaching the righteous way of freedom are suddenly interested in controlling how others use "their" software. You're free, as long as you don't do what I don't like.

      With GPL version 3, is seems we will have to stop saying "free as in freedom" and start saying "free as in compliance" instead. Doesn't quite have that nice ring to it. I wonder why...

    21. Re:Ignore him. by Coniptor · · Score: 1

      Speak for your self ass.
      I learned all about the GPL Stallman any many others.
      I was also made aware of all the bsds by several zealots
      for those bsds on irc. I went with Linux because I liked
      it, the license, and the neat colored text and other tools
      and eye candy I could get at the time. You don't speak for
      everyone, ASS.

    22. Re:Ignore him. by petrus4 · · Score: 1

      Linus isn't an activist. He's just a programmer. Sure, he made a wonderful kernel, but it's the GPL that made his kernel popular and freely-downloadable.

      In hindsight, I'm trying to figure out whether you made it to my foes list because of the sickeningly trite/condescending tone of the above, or because of the almost frightening level of ignorance that motivated you to write it.

    23. Re:Ignore him. by arose · · Score: 1

      You have to agree to an EULA if you want to simply use the software, this is not the case with the GPL you can use the software without ever agreeing to it. The GPL becomes important when you distribute the software, but then you become a software disributer, not just an end user.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    24. Re:Ignore him. by bensch128 · · Score: 1

      Actually I think that it was Linus and projects like Linux with strong communities which made the GPL popular. There;s been many free kernels (Herd, xxxBSD) but Linux succeeded where they failed. Why? Because Linus is able to attract and encourage a community of developers. He encourages innovation and improvement where other projects discourage change. He just chose the GPL as the best license for his (and their) efforts.

      I suspect that eventually Linus too will stall out and someone else will take up the cutting-edge torch. (either by a fork or an entirely new effort) They'll still have to know how to lead and manage. The GPL won't help them that much.

      Just because Stallman wants to go on another crusade every couple of years, doesn't mean other Opensource elites have to as well.

      Ben

  14. This just in GPLv4 = Sea bass by drrck · · Score: 5, Funny

    Due to the public outcry GPLv4 will no longer include sharks with laser beams. They have been replaced with Sea Bass. Extremely ill-tempered sea bass.

  15. I agree with RMS on patents but disagree on DRM by FlorianMueller · · Score: 4, Interesting
    For a long time it seemed to me that a distinction between Free Software and Open Source was hair-splitting: the key open source programs were Free Software at the same time. Now there are two trends that suggest a distinction may be increasingly necssary:

    • Oracle et al. try to acquire open-source projects by buying up the companies behind them.
    • IBM and like-minded large players try to effectively control open source based on their huge patent portfolios. Companies like Nokia sometimes say it pretty directly that they believe patents enable them to potentially open-source some code while still retaining ownership.

    Looking at those disconcerting trends, I very much support the GPL v3's approach to software patents. But when it comes to DRM, I think the FSF goes too far and addresses an issue for philosophical reasons that isn't worth it. DRM is a lot more legitimate per se than software patents are. Categorically opposing DRM may be perceived as downright anti-commercial by a number of people, and it's a move that I fear will only hurt the FSF and the GPL without changing anything about the fact that DRM is here to stay.

    1. Re:I agree with RMS on patents but disagree on DRM by Anonymous Coward · · Score: 1, Insightful

      You seem to be making the same mistake that I see time and time again on Slashdot and other geek sites. You assume that DRM is about protecting music and video. It's not. DRM is all about controlling applications, not data. Data doesn't do anything... code does. To implement DRM you must control what *exact* piece of code can access a piece of data -- and refuse access if it is not authorised (ie. it has not been signed by a controlling authority).

      In short, in a "Trusted Computing" world (which is what the GPL v3 is directly aimed at mitigating) your applications are checked that they don't do anything that the key controller doesn't want you to do (could literally be anything at all), then signed and authorised by a central authority.

      Trusted computing and DRM is about stopping you from modifying and recompiling code. It's that simple. Stallman and FSF understand this, but there are lots of computer geeks who still can't quite grasp the breadth of what DRM and trusted computing is and what it will do. It's about time they realised.

    2. Re:I agree with RMS on patents but disagree on DRM by Anonymous Coward · · Score: 0
      DRM is a lot more legitimate per se than software patents are.

      DRM will become a requirement if it is allowed to get a foothold, I oppose black-box binaries and this is why DRM needs to be opposed wherever possible. Go and re-read stallman's right to read and be thankful you can still boot into an OS on commodity hardware without having to deal some patented DRM interface.

    3. Re:I agree with RMS on patents but disagree on DRM by argel · · Score: 1
      Categorically opposing DRM may be perceived as downright anti-commercial by a number of people, and it's a move that I fear will only hurt the FSF and the GPL without changing anything about the fact that DRM is here to stay.

      Fact? Why don't we give the FSF the chance to fight the good fight and see how it turns out? Do any of us really want to see a corporate dominated DRM world? The FSF already has a good track record (e.g. GCC, Perl, and Linux all use the GPL) so lets not write them off yet.

      --

      -- Argel
    4. Re:I agree with RMS on patents but disagree on DRM by Fahrenheit+450 · · Score: 1

      Erm... I may be way out of the times here, but doesn't Perl use the Artistic license?

      --
      -30-
    5. Re:I agree with RMS on patents but disagree on DRM by Anonymous Coward · · Score: 0

      I should also have added that the control exercised by Trusted Computing is far in excess of any software patent. The idea that patents are less sinister is odd.

      I really recommend reading up on what Trusted Computing is and following through on the implications. It's scary stuff, even if you aren't a fan of open source and Free software.

    6. Re:I agree with RMS on patents but disagree on DRM by jbolden · · Score: 2, Insightful

      may be perceived as downright anti-commercial by a number of people,

      Since when exactly has the FSF been concerned about be perceived as anti-commercial? Its been like 20 some years of them fighting "what's good for business".

    7. Re:I agree with RMS on patents but disagree on DRM by mickwd · · Score: 1

      I think there is a distinction between two different uses of DRM.

      Firstly, it can be used to "protect" copyrighted content - films, music, etc. I would agree that this could be a legitimate use for DRM, because it is "protecting" something which the people who created the content in question want protecting (arguments about who really "owns" the content notwithstanding).

      But secondly, it can also be used to ensure that program code cannot be run on particular hardware unless it has been properly signed (or whatever). This prevents modification of what could otherwise be open source or free software. The distinction in this case is that the people using open source or free software in this way are not the people who created it. They are merely using it, and presumably profiting from it, in a way that the original authors may not have agreed with. It is not their content they are protecting - they are taking something which was written to be open to inspection and modification, and using it in such a way that modification is no longer possible.

      I believe it is this second use of DRM that GPL version 3 is attempting to address. Of course it would be perfectly possible for people to use differently-licences software on DRM-locked devices, software which the original authors were happy to be used in this way, or even to write it themselves (I believe a large company near Redmond has had some success with this approach of writing their own software).

    8. Re:I agree with RMS on patents but disagree on DRM by Anonymous Coward · · Score: 0

      DRM is a lot more legitimate per se than software patents are.

      How? How is taking my fair use rights away in any way "legitimate"? That is, after all, the only use of DRM, since its stated goal (stopping unauthorized or illegal copies) is clearly impossible.

      Categorically opposing DRM may be perceived as downright anti-commercial by a number of people

      Why? I have friends who sell CDs (indie musicians), and absolutely none of them are stupid enough to DRM their CDs. They're SELLING them; this is commerce at its finest. If you'd said "downright anti-stupid" I'd agree with you.

      Some of us like capitalism, we just don't like being stolen from in the name of capitalism. Let me be clear: copyright infringement is not stealing, but taking away my fair-use rights IS stealing, and is more morally reprehensible than shoplifting.

      If I hack into your computer, copy all your songs, and then delete your copies I've stolen your music. If I then give copies of theose stolen songs away, that is NOT stealing.

      If you have to make up words, or stretch the truth, or employ disingenuous language (like calling P2P "stealing") your argumant can't possibly have much merit. As soon as you start calling a spade a "pointy shovel" you've lost the argument.

    9. Re:I agree with RMS on patents but disagree on DRM by chromatic · · Score: 1

      Perl, at least of 5.8.8 and 5.9.3, uses both the GPL v1 (or any later version) and the Artistic License v1. You can choose which one applies if you modify and/or redistribute it. See the README file in the core distribution.

    10. Re:I agree with RMS on patents but disagree on DRM by Arandir · · Score: 1

      The GPL was added solely to make the Artistic License GPL-compatible. It's not a matter of choosing which one you want, you get the best of both worlds. For all intents and purposes, Perl is under the Artistic License.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    11. Re:I agree with RMS on patents but disagree on DRM by Anonymous Coward · · Score: 0

      The DRM the license talks about is the TCPA/Trusted Computing kind, the one that could theorically disallow running modified versions, going against the ability to modify and run the modified form of a program. They also hate other forms of DRM, but can't disallow you of including it into your program/system.

    12. Re:I agree with RMS on patents but disagree on DRM by petrus4 · · Score: 1

      IMHO, the issue isn't primarily about software patents, DRM, or any specific technology. The issue in my own mind is, what gives Stallman/the FSF the right to issue edicts on how people should think and/or behave?

      Stallman has developed a massively over-inflated opinion of his own importance.

    13. Re:I agree with RMS on patents but disagree on DRM by Alsee · · Score: 1

      You do not understand the issues here.

      The original purpose and operation of the GPL was:
      (1) If you redistribute code you must also provide any legal rights required to further modify that code. You cannot take MY code under the GPL and then attempt to deny ME the legal right to modify and use DERIVATIVES OF MY OWN CODE.
      (2) If you redistribute code you must also all source information needed to be able to modify and compile a working version. You cannot take MY code under the GPL and then attempt to deny ME the full source information I need to modify and use DERIVATIVES OF MY OWN CODE.

      Well, those are the two supposedly "anti-DRM" clauses in the GPL3. The first clause merely clarifies that redistribution really does include all legal rights required for making derivative versions, including any DMCA-related rights to modify. That the original copyright holder of the code (or anyone else) cannot be sued or arrested under the DMCA for modifying the GPL code. That the GPL does indeed carry the right to modify the covered code.

      The second clause merely clarifies that the full and complete source code really does mean all of the source information needed to compile or modify and compile working software from the source. That you really cannot distribute deliberatly incomplete source to deny people the ability to modify and compile working versions. It merely clarifies that you cannot create a loophole and violate the GPL by leaving out any keys required during compilation to create a working version. If it is required in order to sucessfully compile a working program then it is part of the source.

      The GPL has ALWAYS been about granting the legal right and practical ability to modify a program. You are perfectly welcome to program DRM under the GPL or even the GPL3, but the GPL means that you are giving people the legal right and the ability to modify that software. the legal right and the ability to alter or even remove that DRM.

      You can do DRM under the GPL, but it has always been pointless. That DRM can be modified or even removed.

      ----------

      Stepping away from the GPL entirely for a moment...

      DRM is a lot more legitimate... DRM is here to stay.

      I have no objection to anyone using any and all the DRM they like.

      What I do have an objection is is horribly broken evil laws that say INNOCENT NONINFRINGING PEOPLE FACE PRISON.

      I have an objection to a bad law that says blind people are criminals and face prison if they use text-to-speech software on a DRM'd ebook.

      I have an objection to a bad law that says I am a criminal and I face prison if I provide that blind person that text-to-speech software to be able to read that book.

      Do you claim that innocent NONINFRINGING people SHOULD be put in prison?

      You either need to explain why you think innocent noninfringing people should be imprisoned, or you need to accept that DRM simply does not work. If it is not criminal for a blind person to circumvent or remove DRM to be able to read an ebook, if it is not criminal for companies to provide the product or service to circumvent DRM for reading that book, then the natural free market is that companies will offer the products and services for anyone to be able to easily circumvent any and all DRM for legitimate noninfringing purposes. Companies will immediately serve the legitimate market demand for fixing problems cause by DRM interfering with noninfringing uses.

      DRM never worked in the first place, and a bad law was passed in an effort to get DRM to actually work. A bad law that says innocent noninfringing people face prison.

      Copyright protection and copyright enforcement are fine. However it is unjust and intolerable for innocent noninfringing people to face prison. That is not an acceptable means, no matter what the intent. And the unaviodable fact is that DRM is worthless if those innocent noninfringing people do not face prison. Too bad, DRM does not work and you cannnot imprion innocent noninfringing people in some holy crusade trying to get DRM to work.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  16. Re:I was thinking ftp by Anonymous Coward · · Score: 1, Interesting

    Unfortinatly the BSD code in the Windows (ftp client etc.) is probably the most widely distributed open code. (The GNU coreutils must also beat gcc, but don't forget all the embedded devices that may be running vertually nothing on top of Linux)

  17. You are correct but only by Mateo_LeFou · · Score: 1
    If your reasons for choosing open development are pragmatic. If they are moral/ethical, then you might choose a less-efficient method of development.

    Analogy: democracy, as it turns out, is pretty. Who'dathunkit? Monarchies & dictatorships are very efficient by comparison.

    Did you know there are higher values than "efficiency"?

    --
    My turnips listen for the soft cry of your love
  18. Simple solution by Urusai · · Score: 1

    Instead of calling it GPLv3, make it PRPLv1 (People's Revolutionary Public License) or whatever. It kind of obviates the problem. Linus is right in regard to the GPL being about (in probably most people's minds) open exchange of software, not some kind of general libertarian revolution. Restricting use of the software in other ways is a major step that should be a different license.

  19. Re:A Brief Question of Fact re: "Most Popular" by KarmaMB84 · · Score: 1

    I would imagine the Linux kernel is used on more computers (desktop + servers) than Firefox and gcc isn't actually a requirement for a lot of the cited platforms that it runs on. Saying the Linux kernel is the most popular open source program might be incorrect, but I don't think we can know for sure that any others beat it without an actual accurate survey

  20. From the article... by Anonymous Coward · · Score: 2, Interesting

    Right at the end:

      Are you participating in the GPLv3 process?

    No, I'm not actively involved. And it's not so much because I couldn't be, it's more because I just can't find it in me to care too deeply. I'm the kind of person who hates office politics. I'm pretty happy with the GPLv2, and I just don't have the motivation or inclination to start talking to lawyers. I'm a programmer. I worry about kernel bugs.

  21. Re:They didn't say you have to use GPLv3! by vertinox · · Score: 3, Insightful

    For all of the FSF's talk against bad copyright policy and software restrictions, this license introduces their own set as if to say, "we don't like their way; so you should definitely do it our way instead."

    RMS and the FSF aren't saying saying "All your old GPLv2's are invalid and now you must upgrade to our new GPLv3!!!"

    They are giving developers the options to restrict what others from restricting the next guy down the line from doing something with their work.

    You don't have to use GPLv3 if you don't want to.

    If someone else releases their work with a GPLv3 license and it bothers you...

    Then tough. The original author has the right to release it under any license he wants be it BSD, closed source, or GPL.

    If Linus doesn't want to use GLPv3 then it is his right. He can keep v2 forever. The GPL license doesn't belong to RMS. He just made up the wording of the contract that others can use to release software with.

    No one is being forced to anything they don't want to...

    Well other than the people who are being restricted from adding DRM and various freedom restricting to other people's work released in GPLv3.

    Well if you really want that DRM so bad... Then make your own program from scratch. Don't use someone elses open source code whose express wish is to not have his work used in ways he did not mean it to.

    GPLv3 gives the original author this ability.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  22. Zealotry can be good by amightywind · · Score: 4, Insightful

    Simply put: they are "zealots" for lack of a better term. For them, free software is less about open source and open development and more about a form of political agenda.

    Stallman repeatedly states that software freedom is his goal, and not its widespread adoption by "practical minded" corporations. He has nothing against corporations if they do not interfere with his primary goal. That make's him a zealot, I guess. I call it clear thinking. Time and again he has been proven correct in the face of criticism.

    --
    an ill wind that blows no good
    1. Re:Zealotry can be good by Arandir · · Score: 2, Insightful

      Stallman has repeatedly stated that universal Free Software is his goal, including its universal adoption by otherwise practical minded corporations. He wants the complete elimination of proprietary software.

      He is a zealot, because he is willing to use coercion to promote his ideology. He has demonstrated this by calling for a software tax to fund Free Software, and has supported government regulations requiring the use of Free Software.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    2. Re:Zealotry can be good by Peaker · · Score: 1

      Remember that copyright itself is coercion.
      So coercing people not to coerce is a special form of coercion.

      A free software tax is somewhat similar to a road tax. Not everybody uses roads, but most people do, and everyone does indirectly.
      There is a concensus that roads should be built by the government via a tax, and this is not considered evil coercion. Why is a similar software development model considered coercion?

    3. Re:Zealotry can be good by Arandir · · Score: 1

      Remember that copyright itself is coercion.

      I never said it wasn't. However, RMS does stress that copyright encumbered copyleft licenses are superior to unencumbered warranty-notice style licenses, and even encourages people NOT to place their software into the public domain.

      As for roads, the commonly held belief is that they are public infrastructures that would not otherwise exist without government coercion. Whether or not that is true, the same cannot be said of software. We have a thriving market in software, and oodles of Free Software is being produced without any coercive software tax in sight.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    4. Re:Zealotry can be good by Anonymous Coward · · Score: 0

      You forget "The Right to Read", written even before the DMCA was passed.

    5. Re:Zealotry can be good by arose · · Score: 1
      As for roads, the commonly held belief is that they are public infrastructures that would not otherwise exist without government coercion. Whether or not that is true, the same cannot be said of software. We have a thriving market in software, and oodles of Free Software is being produced without any coercive software tax in sight.
      Are you forgeting copyright again?
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    6. Re:Zealotry can be good by kz45 · · Score: 1

      A free software tax is somewhat similar to a road tax. Not everybody uses roads, but most people do, and everyone does indirectly.
      There is a concensus that roads should be built by the government via a tax, and this is not considered evil coercion. Why is a similar software development model considered coercion?


      a free software tax is just as evil as the canadian blank-CD tax.

      Roads cost money to build. Supplies aren't cheap. Free software is built by people that enjoy building software..for free. If they wanted to make money on it, they should have released it a commercial application.

      When you read between the lines, the FSF is just another organization that is trying to gain more power and control.

      I truly believe that the only people that want "freedom" for software will release it under the public domain.

    7. Re:Zealotry can be good by Arandir · · Score: 1

      What's your point? Free Software *IS* thriving, without a tax to fund it.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    8. Re:Zealotry can be good by arose · · Score: 1

      Free Software is indeed thriving, but: 1) This was far from clear 1985 when the GNU Manifesto was published, I haven't heard RMS talking about Free Software taxes lately, have you? 2) The only significant example of public domain software I know of is SQLite. 3) I'm not very familiar with US university founding so I don't know how much money the UCB and MIT get from the goverment.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    9. Re:Zealotry can be good by Peaker · · Score: 1

      If they wanted to make money on it, they should have released it a commercial application.

      They want to make money on it (who doesn't want to make money?) but its more important to them that user freedom is not harmed in the process. Releasing the software as closed-source would create profit and harm everybody's freedom and decrease the economy's efficiency (code reusability becoming nil).

      A software tax lets everyone keep their rights to copy anything and creates a decent incentive to create software for those pieces of software that would theoretically not be created for free. If you buy any piece of software at all today, you are already paying more than a software tax would be. Note that a software tax is not proposed in addition to closed-source software payments but instead of those. i.e: All software would become free (as in freedom) and paid by the tax.

    10. Re:Zealotry can be good by kz45 · · Score: 1

      A software tax lets everyone keep their rights to copy anything and creates a decent incentive to create software for those pieces of software that would theoretically not be created for free. If you buy any piece of software at all today, you are already paying more than a software tax would be. Note that a software tax is not proposed in addition to closed-source software payments but instead of those. i.e: All software would become free (as in freedom) and paid by the tax.

      What you are proposing is basically making software a government run monopoly. If this were to happen, most U.S. software companies would immediately go to a country where they could sell it without having to release their source.

      I enjoy the freedom I have to release a piece of software closed-source, for any price that I wish (if it's too expensive, the market will let me know, and I will lower the price).

      As a consumer, you do not have to buy expensive software.

      You are also forgetting that money drives technology. Without big business interest, we would still be in the computer stone age.

      There aren't enough people in this world that would even benefit from having all software open source.

      Most people could give a flying fuck. They just want software application X to work. Even big open source projects only have a handful of developers that are actually making contributions.

    11. Re:Zealotry can be good by anandsr · · Score: 1

      Free Software would have taken a lot longer without Linux to become big, and Linux would not exist without the huge body of free software. Both mentalities are required the Stallman style principles, and Linus style Open Mind. We are lucky that we have both.

    12. Re:Zealotry can be good by Peaker · · Score: 1


      I enjoy the freedom I have to release a piece of software closed-source, for any price that I wish (if it's too expensive, the market will let me know, and I will lower the price).

      Please note that that is not a "freedom" but a "power". The difference is that by releasing it closed-source and enforcing it by copyright you are restricting the freedoms of others, not gaining any freedom yourself.

      What you are proposing is basically making software a government run monopoly. If this were to happen, most U.S. software companies would immediately go to a country where they could sell it without having to release their source.

      Why are you assuming that this is a bad thing?
      The US would have the economic advantage of being able to freely and legally copy all of the world's software, while also funding the Free Software development via a tax.

      This tax's distribution to the opensource developers could be done via votes or other methods that take away the power from the government and put it in the hands of the people. This reduces the problem of bribes and other such manipulations.

      You are also forgetting that money drives technology. Without big business interest, we would still be in the computer stone age.

      Note that Multics, UNIX, Lisp, Fortran, C compilers, etc. were all developed before software copyrights were enforced and copyright-driven money was put into the business.

      There aren't enough people in this world that would even benefit from having all software open source.

      People would be able to use all software they could benefit from, rather than just the software they can afford. Currently, this is not true because there are huge copyright-driven companies who have a very strong incentive to make opensource software not viable. They successfully make it too expensive in order to be viable by creating and standardizing secret formats (Office), attaching their OS and software to OEM's so that everyone not in the know gets to start with their OS, etc. Without a monetary incentive to harm opensource efforts, it would become far more viable and the entire population would be exposed to vast amounts of software.

      Also consider the amount of adware, spyware, DRM and other malicious behaviours users are experiencing when using their computer, and this problem is only getting worse. This problem is completely solved with opensource.

      Most people could give a flying fuck. They just want software application X to work. Even big open source projects only have a handful of developers that are actually making contributions.

      That may be true, but this is because people are ignorant.
      If you ask them if they want the above advantages (software accessibility, getting rid of malware), they would surely answer yes.

    13. Re:Zealotry can be good by kz45 · · Score: 1

      Please note that that is not a "freedom" but a "power". The difference is that by releasing it closed-source and enforcing it by copyright you are restricting the freedoms of others, not gaining any freedom yourself.

      if there was no copyright, I would still release my software closed-source. Then what would you say the reason for people copying it? to learn from the binary code?

      Why are you assuming that this is a bad thing?
      The US would have the economic advantage of being able to freely and legally copy all of the world's software, while also funding the Free Software development via a tax.


      we don't need to fund the development, people enjoy releasing software for free, remember? isn't that one of the major ideals of the OSS community?

      This tax's distribution to the opensource developers could be done via votes or other methods that take away the power from the government and put it in the hands of the people. This reduces the problem of bribes and other such manipulations.


      This would be about as easy to enforce as charging .10 per email. If there was a law in the U.S. and I released my software as closed-source..would police come and bust down my doors to release it?

      Note that Multics, UNIX, Lisp, Fortran, C compilers, etc. were all developed before software copyrights were enforced and copyright-driven money was put into the business.

      true, but at that time, only universities and a very small percentage of the population had access to a computer. It took big businesses and money to bring the desktop to the average user and the Internet as we know it. It's filled with a lot of shit, but it's also a very powerful tool.

      Also consider the amount of adware, spyware, DRM and other malicious behaviours users are experiencing when using their computer, and this problem is only getting worse. This problem is completely solved with opensource.

      hammers and knives are used to kill people every day. They shouldn't be banned either.

      Nothing is solved with open source. Most people will never look at the source. If a worm can spread by merely telling someone to open an attachemnt, how is open source going to help the situation at all?

      Adaware and spyware can be prevented with education (a lot of things in life are like this). I use firefox as my main browser and haven't had an issue with spyware/adaware for at least two years.

      Linux doesn't have spyware because it is not in the best interest of a business to create it (less than 20% of the desktops on the internet). If linux had just as much market share as windows, it would have just as much spyware (it's very easy to trick a user into installing something).

      At this point in time, you have the freedom to release software as open or closed source. You want to take away that freedom. Closed source software is still around for a reason. I think if the people desired all open source, they would be using hurd or linux.

      Businesses only like open source because it costs no money. It has nothing to do with freedom. As the GPL starts getting more restrictive, the free software movement will become more of a hobby and less of a viable model.

      People would be able to use all software they could benefit from, rather than just the software they can afford. Currently, this is not true because there are huge copyright-driven companies who have a very strong incentive to make opensource software not viable. They successfully make it too expensive in order to be viable by creating and standardizing secret formats (Office), attaching their OS and software to OEM's so that everyone not in the know gets to start with their OS, etc. Without a monetary incentive to harm opensource efforts, it would become far more viable and the entire population would be exposed to vast amounts of software

      Education is the key once again. Computers are cheaper than ever. I can get a new dell computer with windows and an assortmen

    14. Re:Zealotry can be good by Peaker · · Score: 1

      if there was no copyright, I would still release my software closed-source. Then what would you say the reason for people copying it? to learn from the binary code?

      To use it, ofcourse.
      But what would YOUR incentive to release it closed-source be?

      You cannot gain any money from people using and copying it.
      You cannot create lock-in, nor would you benefit much from one. So why?
      People are also free to reverse-engineer it and distribute the reverse-engineered source, so you can't really use it to hide anything you are very dependent on.

      we don't need to fund the development, people enjoy releasing software for free, remember? isn't that one of the major ideals of the OSS community?

      There is no ideal of releasing software for free. There is an ideal of releasing it as free software. A lot of free software development is done for pay, and will not be done otherwise.
      It is not inconceivable that in a world without copyright, some artificial incentive to replace copyright would be needed. For example, software that aids patients in hospitals by applying existing scanning hardware as a treatment platform. This kind of software might require subsidy to develop. Then again, some rich patient might fund it, but he might not (As for him, it might be cheaper to buy the right hardware instead).

      true, but at that time, only universities and a very small percentage of the population had access to a computer. It took big businesses and money to bring the desktop to the average user and the Internet as we know it. It's filled with a lot of shit, but it's also a very powerful tool.

      I don't understand the point you try to make. The world today is better and optimized for the user, but that is true of software not protected by copyright too. The overall quality of software has definitely not improved, and a lot of the lower quality is a direct result of copyright (Copyright is a direct incentive to create lower-quality software in order to milk your lock-ins for their entire worth of money, and in order to create lock-in in the first place).
      My point here is that without copyright, there would be software for the average user too, and the corporations are not to thank for this.

      hammers and knives are used to kill people every day. They shouldn't be banned either.

      So? I am not saying that it should be banned because of it. I am saying that this problem is another problem that will go away along with copyright, if copyright is abolished.

      Nothing is solved with open source. Most people will never look at the source. If a worm can spread by merely telling someone to open an attachemnt, how is open source going to help the situation at all?

      Worms and viruses will not be solved. Malware hidden inside programs will be solved. It doesn't matter if you or your neighbors check out the software you use, as long as someone does. This is how opensource helps.
      Just like government transparency helps you even though you don't give a damn about it or look into the government's actions personally.

      Adaware and spyware can be prevented with education (a lot of things in life are like this). I use firefox as my main browser and haven't had an issue with spyware/adaware for at least two years.
      You cannot install a closed-source app without worrying that it may contain malware. If you think firefox encompasses the entire computing experience, then ofcourse you don't have malware problems.

      Linux doesn't have spyware because it is not in the best interest of a business to create it (less than 20% of the desktops on the internet). If linux had just as much market share as windows, it would have just as much spyware (it's very easy to trick a user into installing something).

      Linux would have just as much spyware as it has closed-source apps. Linux is not immune to spyware, open-source programs are.

      At this point in time, you have the freedom to release software as ope

    15. Re:Zealotry can be good by hawk · · Score: 1

      The BSDs were mere months (if that) behind Linux; the explosion would have happened anyway. (In fact, I first stumbled across Linux when looking for 386/BSD, which I knew about, but had the name wrong [having mixed in my memory some old usenet posts from the GNU project with some on nethack, and coming out with NetBSD]).

      The various BSD have not had a need for the RMS type (unless you count Theo :)

      hawk

    16. Re:Zealotry can be good by kz45 · · Score: 1

      To use it, ofcourse.
      But what would YOUR incentive to release it closed-source be?


      to make money of course. I don't want my competitors to have an advantage.

      I don't understand the point you try to make. The world today is better and optimized for the user, but that is true of software not protected by copyright too. The overall quality of software has definitely not improved, and a lot of the lower quality is a direct result of copyright (Copyright is a direct incentive to create lower-quality software in order to milk your lock-ins for their entire worth of money, and in order to create lock-in in the first place).

      once again. You are not forced to use any piece of proprietary software. Feel locked in? use something else.

      My point here is that without copyright, there would be software for the average user too, and the corporations are not to thank for this

      There is software now for all users. The average user does not understand what a compiler is or want to look at the source. Corporations brought software into the hands of the average user.

      You are confusing multiple issues.
      I claim that copyright should be abolished. I claim that once copyright is abolished, closed-source would become not beneficial, and closed-source apps would be unable to compete with opensource ones. This would result in an almost total annahilation of closed-source apps. I still believe you should have the freedom to release anything with or without the source. But releasing software with copyright protection is not a freedom, it is a power, and that power should be taken away.


      If copyright was abolished, the closed source software business would just become more lucrative (and the average user would just get less quality software). Most companies would still sell closed-source software, but prices would go from $10-$300 a copy to $10,0000 (or a very large amount) a copy (because the person buying it will be allowed to copy and give it away to anyone they want).

      or, all coporations selling software would turn their product into a web-app of sorts (with high-speed Internet becoming more and more available, this seems like the most likely outcome). It's already happening. It's a great thing from a company perspective, because it reduces copright infringement to nothing (no source = no open source).

      Next, I claim that everyone would benefit from this, indirectly. Alice benefits if Bob's product is opensource even if she can't read code, because Jones will read the code and publish if it has malware in it, ruining Bob's reputation. Thus, Bob would never even dare putting malware in there in the first place.

      Most spyware is attached to a company that you can contact directly. Programs released with spyware are attached to a name and a company. No reputation is hurt. People are just making money.

      All these claims just say that copyright abolishment will lead to virtually everything becoming opensource software which will lead to better software and freedom for everyone. They DO NOT mean that opensource software today while copyright exists is of higher technical quality than closed-source software, and thus your claim that people don't all use opensource is moot. Its just irrelevant.

      Everyone can use it. Most people just don't give a fuck about it.

      Do you know how much effort was put into Openoffice in order for it to be able to read Microsoft Word? And it still doesn't do it well. Think of all the wasted man-years reverse-engineering Microsoft's secret formats. And ofcourse Openoffice will fail to read the next Office version of documents. Copyright is responsible for this huge waste of man-years

      boo hoo. So people can't figure out Microsoft's format. Tough shit. Open office is a competitor to Microsoft.

      Open source should be leading and not following. Too many projects are just following proprietary ones, which means they will always be a step behind.

      However, a lot

  23. Yeh, I thought so too but by Mateo_LeFou · · Score: 2, Interesting

    Like I remember installing Ubuntu once and gcc wasn't on it. Some other nontechnical-user-oriented distros I've seen were like that. They assume you'll use package managers to do everything?

    --
    My turnips listen for the soft cry of your love
    1. Re:Yeh, I thought so too but by maw · · Score: 1
      They assume you'll use package managers to do everything?

      You should.

      --
      You're a suburbanite.
    2. Re:Yeh, I thought so too but by burndive · · Score: 1

      The grandparent post is claiming that distros without compilers are not for technical users, and that he is a technical user.

      You seem to think that he doesn't need a compiler.

      Either (1) you are accusing him of not being a technical user,
      (2a) you don't think there should be any technical users as he describes them, or at least (2b)that he shouldn't be one,
      (3) you somehow think that technical users can do "everything" they need to without a compiler.

      One thing technical users do is exercise their rights under the GPL and similar lisences to modify the source code of programs that they run, and recompile them to suit their own uses. Without people like this, FOSS as we know it today would not exist. (3) is clearly factually wrong and I very much doubt that you have enough information to be justified in asserting (1) or (2b).

      I think the only option I have left is to believe that you are a novice Ubuntu fanboy set in his ways who thinks he's an expert and that everyone should do things the way he does.

      Gentoo must grate against the very fabric of your existence. I pity you.

      For your own safety, please run the following command as root on your computer (please see the forums if you don't konw what that means):

      echo "127.0.0.1 slashdot.org" >> /etc/hosts

      --
      ...because "hacker" sounds way sexier than "code drone."
    3. Re:Yeh, I thought so too but by maw · · Score: 1
      The grandparent post is claiming that distros without compilers are not for technical users, and that he is a technical user.

      So?

      Nontechnical users should use proper package management for everything. When it comes to production machines, technical users should as well.

      I think the only option I have left is to believe that you are a novice Ubuntu fanboy set in his ways who thinks he's an expert and that everyone should do things the way he does.

      I installed Ubuntu in vmware once. It's good stuff, but I had no reason to replace the distro I'd been using at the time for real work, and good reasons not to (again, due to real work).

      Gentoo must grate against the very fabric of your existence.

      Not really. A fun toy, if you're into that sort of thing, but I'd never put it into production.

      echo "127.0.0.1 slashdot.org" >> /etc/hosts

      Thanks for the tip!

      --
      You're a suburbanite.
    4. Re:Yeh, I thought so too but by burndive · · Score: 1
      "So?"

      I'm sorry you don't follow my logic. I was stating my assumptions so that the conclusions based on them could be seen as separate, but following from them.

      I will clarify:

      "You seem to think that he doesn't need a compiler."

      He thinks he needs a compiler.

      My reasoning left us with the only possibility that I did not eliminate: "(2a) you don't think there should be any technical users as he describes them"

      "When it comes to production machines..."

      Ubuntu, to my knowledge, is geared toward "human beings," not production environments. This discussion never involved production machines. Perhaps the assumption on your part that it did is the misunderstanding at the root of our disagreement. Your statement "When it comes to production machines, technical users should as well." is true, but irrlelvant.

      The discussion, from my perspective, has always been about the suitability of compiler-less distrobutions to the technical user (since I was responding to your insistence that a self-proclaimed technical user did not need a compiler).

      Does that answer your "So?" question?

      --
      ...because "hacker" sounds way sexier than "code drone."
    5. Re:Yeh, I thought so too but by cduffy · · Score: 1

      Nontechnical users should use proper package management for everything. When it comes to production machines, technical users should as well.

      Yup. And at my employer, we use proper package management for everything -- but the distro-provided packages aren't always good enough (or just plain don't include packages we need), so we often build, test [though our QA department] and deploy our own. Using package management for everything doesn't mean having no need for a compiler -- and rebuilding a src.rpm into a binary is an easy enough operation that it's a reasonable thing for nontechnical users to do.

      I *am* having a bit of trouble justifying keeping a compiler as part of the install on the production servers (as opposed to the dev ones where we do the packaging) -- but keeping one as an available-by-default part of any distro is just good policy: Folks should be able to rebuild source packages when need be.

  24. Re: From my vantage point by Kaellenn · · Score: 1

    You may well be 100% correct as I am reading people's interpretations and have no desire to peruse the legalese of the actual license.

  25. Not a matter of Right and Wrong? by Mateo_LeFou · · Score: 1

    Then don't call the people who hold one of the two opinions "fringe", and associate them with disparaging metaphors like ivory towers, and imply that they don't know how to function in the real world, and ... and ... and ...

    --
    My turnips listen for the soft cry of your love
  26. Fallen hero or lone wolf? by Spy+der+Mann · · Score: 3, Interesting

    You cannot install it on your hardware (laser-equipped shark or otherwise) without also making sure that others can install another version. And that's my gripe.

    Call me a fanatic, but open source isn't worth crap if it can't be redistributed. This is _THE_ principle of open source, that anyone can make AND RUN their own version. There are business-ready licenses out there, but the GPL was made to perpetuate the programmers' and users' freedom.

    I think Linus needs a reality check. Perhaps a few months of working for Microsoft will make him realize his mistakes. There ARE evil people, evil corporations trying to take over the world, just look at the patent business.

    I'm kinda disappointed after reading this, I always had seen Linus as a hero, and thought he was as enthusiastic about open source as many of us were. Sad to see he's just yet another programmer who went corporate, like Steve Jobs. He just happened to cooperate with the open source movement.

    Oh well. We should be thankful he's still cooperating, and consider him an ally rather than a leader.

    1. Re:Fallen hero or lone wolf? by 0racle · · Score: 1

      open source isn't worth crap if it can't be redistributed

      BSD's seem to be doing just fine.

      --
      "I use a Mac because I'm just better than you are."
    2. Re:Fallen hero or lone wolf? by rkanodia · · Score: 1

      Sad to see he's just yet another programmer who went corporate, like Steve Jobs. He just happened to cooperate with the open source movement.

      There are so many mistakes, I don't even know where to start.

    3. Re:Fallen hero or lone wolf? by RangerRick98 · · Score: 1

      >>open source isn't worth crap if it can't be redistributed

      >BSD's seem to be doing just fine.

      Not according to Netcraft. :P

      (Sorry, couldn't resist.)

      --
      "You're older than you've ever been, and now you're even older."
    4. Re:Fallen hero or lone wolf? by FrostedChaos · · Score: 1

      Call me a fanatic, but open source isn't worth crap if it can't be redistributed. This is _THE_ principle of open source, that anyone can make AND RUN their own version. There are business-ready licenses out there, but the GPL was made to perpetuate the programmers' and users' freedom.

      Ok, but back in the real world, there are devices that can't even be modified. If you ever want companies to ship Linux on toasters, they better be able to distribute a non-modifiable version suitable to the hardware. Even if it's "politically incorrect."

      I think Linus needs a reality check. Perhaps a few months of working for Microsoft will make him realize his mistakes. There ARE evil people, evil corporations trying to take over the world, just look at the patent business.

      I think YOU need a reality check. Linus can't fix the patent system in the United States and elsewhere by himself, no matter what license he adopts. He can't repeal the DMCA either.

      Anyway, Linus is not "just another programmer," and he never "went corporate". He's always been in it for the love of the work, unlike some other open source leaders I could name.
      The consequence has generally been that his code has been of a much higher quality!
      Compare the kernel code with the code for emacs, or configure scripts.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    5. Re:Fallen hero or lone wolf? by Anonymous Coward · · Score: 0
      If you ever want companies to ship Linux on toasters, they better be able to distribute a non-modifiable version suitable to the hardware. Even if it's "politically incorrect."
      I'm very sorry but that is a total crock of shit!

      I can adapt toasters (read: any hardware) to my own personal needs and you think software should somehow be different? If a company wants to distribute a non-modifiable OS that rules out redistributing linux. These are not difficult concepts and they don't require anything approaching 'political correctness', application of common sense and observation of copyright law are quite sufficient.

      If there is one thing that really depresses me about the internet, it's how remarkably easy it is for intelligent and educated people to become staunch advocates of zealous nonsense when they're online.

    6. Re:Fallen hero or lone wolf? by Reservoir+Penguin · · Score: 1

      Linus is really going against the spirit of FOSS. If I want to hack my toster and turn it into a router its not the companies buisness to tell me that I can't use their product for any purpose.

      --
      US-UK-Israel: The real Axis of Evil
  27. MOD PARENT UP by Anonymous Coward · · Score: 3, Insightful

    Yes! I'm confused as to how Linus gets this part wrong. Mad scientists (or the military, or Microsoft, etc.) can use modified GPLv3 code however they want. However, if they try to distribute the code to the public (they sell software, or hardware with software on it), then they have to make it possible for the recipients to:

    1. See the code.
    2. Modify the code.
    3. Run the modified code.

    Private shark zoos are not subject to any restriction. Shark salesmen, however, would be required to make the source available, so that you could modify the way your shark-laser system works.

    The TiVo example is a better one. If I buy a TiVo, and it uses GPL code, then I should be able to modify that code and run the modified code on that hardware. Their modifications are functionally useless to me (to the world) if I cannot run the modified code on the hardware. Yes, in theory I could build my own TiVo from scratch... but that's not practical. So why should GPL programmers license their code that way?

  28. GPLv3 is not anti DRM. by Stalyn · · Score: 3, Insightful

    GPLv3 is anti-evil-DRM in which the GPL would be circumvented by DRM methods. Such as providing you with the source code by unable to compile/run it because of DRM. Yet GPLv3 as I understand it does not say you can not include DRM in your software, you are free to do so.

    I just find Linus too trusting of business. You would think he would have learned his lesson with BitKeeper but in the end I think he blames Andrew Tridgell instead of BitMover. Even RMS may be too distrusting of business, but isn't it better to be safer than sorry?

    --
    The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    1. Re:GPLv3 is not anti DRM. by Stalyn · · Score: 1

      s/by unable/but unable

      *sigh*

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    2. Re:GPLv3 is not anti DRM. by Billly+Gates · · Score: 1

      Its not just about drm. Its about requiring upgrades to its users. Something that is technically difficult and a pain with linux rather than a fresh install of the latest versions.

      DRM is here to stay and EFI is being pushed for the sole purpose to prevent windows piracy. Our own computers will need to interact with drm TCPA chips and use EFI to trust all our components in our computers. WIth GPL3 its impossible to port linux to the pc anymore because it needs to use it in order to boot.

    3. Re:GPLv3 is not anti DRM. by Anonymous Coward · · Score: 0
      WIth GPL3 its impossible to port linux to the pc anymore because it needs to use it in order to boot.
      Dear Billy,

      I've simplified your logic:

      With DRM it's impossible to run free software anymore.
      You are most welcome,

      AC

    4. Re:GPLv3 is not anti DRM. by marcosdumay · · Score: 1

      Further simplification: With DRM it is impossible to use computers anymore, all you'll have is some kind of overpriced typewriter that also shows a few movies.

    5. Re:GPLv3 is not anti DRM. by marcosdumay · · Score: 1

      You are free to include DRM, but you can't protect it with laws like the DMCA. What would be annoying if you could since it would be a crime to change some lines of the code, but not others.

  29. Bitkeeper anyone? by John+Jamieson · · Score: 4, Insightful

    Why the facination with Mr. T's thoughts on the GPL? He really isn't that big of a believer in Open Source. It just happened to be the vehicle that propelled him to fame. IT IS HIS RIGHT TO NOT REALLY CARE ABOUT OPEN SOURCE!

    But what is this thing that /. seems to have about pretending there is this big NEW rift in the open source movement with Stalmans GPL v3? There is no rift, you have Stallman who is a believer, and Linus, who couldn't really give a crap as long as he can keep working unencumbered. That is why he chose bitkeeper, again, that is his right, as long as he does not pose as an Opensource poster boy(I don't think he usually does).

    1. Re:Bitkeeper anyone? by Anonymous Coward · · Score: 0

      If it's not free software, it's not worth using. I want my freedom in the form of the GPL and nothing else. Until something comes along that is even more corporate unfriendly, the GPL works for me. The adoption of free software should not be focused on for-profit companies, but on the people, the consumers.

    2. Re:Bitkeeper anyone? by Anonymous Coward · · Score: 1, Informative

      The trouble is that Linus is the poster boy for the Open Source Movement, which is a thing distinct from the Free Software movement started by RMS. And it seems that, to surprisingly many people (from the leaders of IBM right down to the average Slashdotter) the idea of "Open Source" is a lot more palatable than "Free Software." As a result, many people have lost sight of the fundamental problems that Free Software was conceived to address. Linus, by his own admission, doesn't care about those problems, and precisely because his program is so widely used, people tend to listen to him, perhaps more than they should.

    3. Re:Bitkeeper anyone? by Anonymous Coward · · Score: 0

      Linux is big of a believer in Open Source,
      not for political reasons,
      but for engineering reasons.

  30. More Forbes FUD by Anonymous Coward · · Score: 0
    Well, Linus should know better than talking to Forbes. I'm waiting for the report claiming that Stallman didn't really author the GPL because that would crack me up more than previous smears. These pathetic attempts to spread disinformation about GPL3 are probably tied to the anti-DRM sentiments that are sure to be expressed in the final revision. Consumers don't want DRM and the fuckers pushing it rightly fear a consumer backlash so they stoke the PR fire and break out the shills in an underhand attempt to confuse the argument. Did I leave anything out there?


    Create all the confusion you want guys, the world does not want DRM.

  31. Cool, thanks. Followup: by Mateo_LeFou · · Score: 1

    Am I correct about what exactly TiVo did?
    -grabbed whatev version of the kernel
    -modified it, presumably to use their hardware efficiently
    -made their code available somehow, in accord w/GPLv2 obligations
    but
    -included a secret key or something so that only TiVo's code actually works TiVos? i.e. there's nowhere to test/run your modified version of it?

    --
    My turnips listen for the soft cry of your love
    1. Re:Cool, thanks. Followup: by Spaceman40 · · Score: 1

      That seems to be it. It's freedom 3, coming from RMS's printer driver issue, at least partially.

      --
      I [may] disapprove of what you say, but I will defend to the death your right to say it.
  32. Re: From my vantage point by dgatwood · · Score: 4, Insightful
    Not a misinterpretation, a legitimate difference of opinion. RMS wants to make sure that GPLed software can be recompiled by the end user and replaced with an altered version, which is why that was put in the license. By contrast, Linus wants TiVo to continue using the Linux kernel, and TiVo doesn't want to allow users to create custom kernels and still have a usable TiVo, as the ability to do so would potentially allow users to easily break their DRM scheme.

    No, one of the fundamental GPL v3 changes is, by intentional design, antithetical to the continued proliferation of Linux in certain types of embedded devices, including TiVo-like devices, set top boxes, etc. Thus, there is and always will be a fundamental tension between RMS's notion of ideal freedom and the Linux community's goal of "Linux everywhere".

    This isn't something that can be changed by a simple wording change. IMHO, GPL v3 is basically DOA as far as the kernel is concerned; you can pretty much be guaranteed that if Linus did try to push GPL v3 into the kernel, all the embedded Linux developers would fork, and that fork would result in some really ugly politics and a very dramatic decline in the number of Linux (v3) kernel developers.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  33. mod parent up by Mateo_LeFou · · Score: 1

    I was this close to giving up. Thanks for the links, too. read a couple of 'em before, but they cheer me up anyway.

    --
    My turnips listen for the soft cry of your love
  34. Commercial vs. Proprietary by mengel · · Score: 4, Insightful
    You're falling for the classic confusion here (which the FSF "purists" are trying to correct) that doing commercial software somehow requires being proprietary.

    The FSF folks would be ecstatic to have busnesses actually embrace the open source model, be commercial, and sell lots and lots of support, installation, and maintenance for software that is still modifiable by the end customer.

    People keep trying to paint the FSF folks as anti-commercial, or anti-business. They are most assuredly not. They are trying to educate companies and the public about a better way to do software, whether as a business or not.

    And neither companies nor people should adopt FSF principals out of altruism. They should adopt them because they realize that once customers understand what the free software rights really do for them, they will begin to demand them by not doing business with companies that don't grant them. Just as you wouldn't buy a car from a dealer if you could only ever get it fixed at that dealership (for whatever rates they choose to charge), you will stop buying software that can only be modified by that software company. It doesn't mean you won't go to the dealer for some or all repairs, it just means you don't want to be forced to.

    Of course, pushing the car analogy, this only really happens when you become aware of local car repair companies. And this is where companies like IBM can really help -- by offering the "Jiffy Lube" of free software -- a national, well known chain of software maintenance, configuration, and repair for open source.

    --
    - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
    1. Re:Commercial vs. Proprietary by jimicus · · Score: 1

      As long as there are companies selling software as modules to be embedded into other software, there will be proprietary software. The business model of "our software goes into yours, you pay us royalties and sign an NDA" happens a LOT in IT, and while it continues to exist it makes entire GPL'd systems from BIOS upwards unlikely.

    2. Re:Commercial vs. Proprietary by Arandir · · Score: 1

      You are also making the mistake of assuming the commercial software industry that the FSF describes is similar to the commercial software industry that actually exists.

      The GPL (as do most other F.O.S.S. licenses) prohibits selling the actual software. You can sell support for the software, and charge for the cost of the media or distribution, and you can sell the hardware the software runs on. But you can't sell the software itself.

      The distinction may seem subtle, but it is profound. It goes to the very heart of the nature of copyright. You can't sell me the software and then tell me what I can or cannot do with my copy of it. This is why most commercial software developers claim they are not selling the software, but rather the *license* to use the software.

      It is disingenuous to claim that you can run a successful commercial venture selling Free Software. Those Open Source companies that are commercially successful are selling something OTHER than the software. They're selling support, service, hardware, consulting, proprietary licenses for proprietary developers, etc.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    3. Re:Commercial vs. Proprietary by fritsd · · Score: 1

      I think this is a straw man argument, because the "commercial software industry" is a very very tiny subset of the world's industry. If I own a car tyre company, I don't care that I can't sell my software, as long as it runs my administration and/or production process (and cost very little, and has no vendor lock-in, and I can hire multiple different consultants if I want anything changed, etc. etc.).

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    4. Re:Commercial vs. Proprietary by Spaceman40 · · Score: 1
      The FSF folks would be ecstatic to have busnesses actually embrace the open source model, be commercial, and sell lots and lots of support, installation, and maintenance for software that is still modifiable by the end customer.
      To pick nits: you're even allowed to sell the software itself; you just have to provide the source code with it. I just don't know of anybody that's created a working business model yet still packages it with the source (Red Hat Enterprise, perhaps? or are the disks free, and they just charge for support?).
      --
      I [may] disapprove of what you say, but I will defend to the death your right to say it.
    5. Re:Commercial vs. Proprietary by Arandir · · Score: 1

      The commercial software industry isn't a strawman if the topic at hand is commercial software. The only way to discuss whether or not GPL software can be commercial is to discuss commercial software! Duh!

      p.s. Even at your tire company, the odds are high that a commercial software firm wrote the administration and production software. And in the case where the software was written internally, it isn't licensed anyway, because it isn't being distributed.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    6. Re:Commercial vs. Proprietary by Tim+C · · Score: 1

      The GPL (as do most other F.O.S.S. licenses) prohibits selling the actual software. You can sell support for the software, and charge for the cost of the media or distribution, and you can sell the hardware the software runs on. But you can't sell the software itself.

      Have you actually read the GPL? You must definitely are allowed to sell the software. You're even allowed to charge a reasonable fee for the source, to cover media and postage, etc.

      What you can't do is take GPLed software, and sell it under terms that strip the receiver of their rights under the GPL.

      Now in practice that means that it would be very difficult to run a profitable business selling GPLed software, as you can't prevent your customers from starting their own, rival businesses and undercutting you. In that, you're right - every successful open source company sells related services as well - or instead of - software. However, you are wrong in saying that you are not allowed to seel GPL software. You most certainly are, there just isn't a lot of scope for making money doing it.

    7. Re:Commercial vs. Proprietary by j_w_d · · Score: 1

      What you can't do is take GPLed software, and sell it under terms that strip the receiver of their rights under the GPL.

      . . . Or terms that strip other authors that contributed to your code of their rights either. This is generally actualy complaint against the GPL, "if it's free why do I have to give you credit?" The point is, it is not "free," it's open.

      Also, as far as making money goes, Red Hat, SuSE(Novel), Mandriva and other releases show perfectly well that money CAN be made selling opensourced code, as long as the seller does not get overly greedy. No commercial linux release could survive otherwise. The perfect counter example is Caldera, a release that got greedy - no look at them.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
    8. Re:Commercial vs. Proprietary by Arandir · · Score: 1

      It doesn't matter what the FAQ says, it only matters what is actually in the GPL. Here is what the GPL says:

      (Section 1) "You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee."

      This allows you to charge for media, distribution and warranty, but says nothing regarding the software itself.

      (Section 2b) "You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License."

      You cannot sell the software to a third party. You can still sell them a convenient pre-burned CD or a piece of paper with a warranty on it, but you cannot sell the software itself.

      Of course, as the author you can do anything you want, since you are not bound by your own license. This is what RMS means when he says you can sell GPL software. But you may not sell anyone else's GPL software, or your own software derived their GPL encumbered code, without their express permission.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    9. Re:Commercial vs. Proprietary by stony3k · · Score: 1

      Sorry, nowhere does the GPL prohibit selling the software. In fact there are many companies making mucho dinero from seeling open-source software. The GPL just states that you also need to distribute the source along with the software.

      Looks like too many people on slashdot have brought into the FUD.

      I also remember the last time Linus went up against RMS - related to BitKeeper - and who was proved right (yet again). RMS may be a zealot, but he's a zealot on MY side.

      --
      Freedom is not worth having if it does not include the freedom to make mistakes. - Mahatma Gandhi
  35. Re: From my vantage point by DRJlaw · · Score: 2, Interesting

    I see a GPL that prevents companies from using DRM (which wasn't around for v2) to get around GPL requirements. Basically those same requirements that we liked from v2.

    The GPL does not require the licensor to allow the licensee to run modified code on particular hardware. It is not there, ergo it is not a requirement.

    Arguments that it was an unintentional or unenvisioned loophole are wholly unpersuasive. RMS was fully aware that compiled code could be burned onto a PROM and incorporated into a hardware device to create a closed platform when he conceived of the GPL concept (whichever version you care to cite prior to the v3 draft). RMS was perfectly aware that the Xerox printer driver that so incensed him interfaced with Xerox printer software built into the printer. RMS, like most technically oriented computer users, also had to be aware that the PostScript software installed in various printers was more than simple firmware. RMS had ample opportunity to write the license that he intended, and he did not write the license that ought-to-have-been. Whatever his current stance, the license-that-is is the license that has gained such popularity and it now has a life independent of RMS and others of like mind.

    You may not see a negative, but the business community certainly does. Considering that the business community is the one paying for support for GPLed software and purchasing GPL products, I fully expect to see GPL v2 versions of any commercializable collaborative apps exist far into the future. Whether you release particular code under GPL v3 or not, others can examine the code, document its interfaces, describe its processes, and rewrite it under GPL v2. Give RMS credit where credit is due, because he has created a software license that even he himself cannot defeat.

  36. GPL v3 makes compliance verifiable by quentin_quayle · · Score: 5, Informative

    Suppose a vendor creates a distro, Blue Hat. It's designed for platform P but P is made to require binaries signed by Blue Hat, it won't run anything else. Now Blue Hat releases a body of source code and claims to have complied with GPL v.2.

    Now has Blue Hat complied with GPL v.2? No one outside Blue Hat can know. The only way to verify that some source corresponds to the binary you're running is to compile it and run the result. If you can't do that without a key, and Blue Hat won't give you a suitable key, they could violate GPL with impunity.

    It doesn't require that BH give up their ultimate private key, just one sufficient to sign source. This is all that GPL 3 requires in regard to DRM and keys.

    1. Re:GPL v3 makes compliance verifiable by Anonymous Coward · · Score: 0

      ... or compile it for a common platform (PC), making necessary changes to account for hardware. Make your own hardware and start an identical company by simply removing the DRM keys and compiling to your interface.

    2. Re:GPL v3 makes compliance verifiable by quentin_quayle · · Score: 1
      "... or compile it for a common platform (PC), making necessary changes to account for hardware. Make your own hardware and start an identical company by simply removing the DRM keys and compiling to your interface."

      Well, theoretically those means would work. But they impose burdens beyond what you have to do to get effective source in other situations. GPL v2 requires, for example, source in "the preferred form for making changes"; this sort of thing is intended to keep the degree of obstructionism under control.

      Also of course I meant to say "sign binaries" not "sign source" in the last part.

  37. Complex philosophy by Anonymous Coward · · Score: 0

    Apologies to Bad Analogy Guy here, but I'm going to stick my neck out and say I think this falls into a general class of "NP complete" philosophical problems manifesting itself all across the board right now. And maybe theres a common cause?

    1) Hate speech
    2) Cryptography
    3) Openness

    It boils down to "you can't have your cake and eat it".

    "I may not agree with what he says but I'll defend his right to say it", isn't that axiomatic to free speech?
    But no longer in the UK, as we have some pretty draconian and chilling laws against 'hate speech' appearing.
    Why? It seems the onus is now on the publisher not to imply rather than the responsibility being with the reader not to infer.

    Same with Cryptography and open source licencing, there's a kind of duality that wants to have openness and control at the same time. Yet they are mutually exclusive. Business and State both require it and are damned by it.

    Same here with RMS, Torvalds is right, you can't be Free and start adding caveats against the people you don't like or who might abuse Freedom.

    In the end I see two forces at work. A failure of equitable Law, and a diminishing tolerance of others in society.
    The causes of this are unchecked abuse of power and bad laws.

    In the end we are going to have to choose between 3 directions, ever more open and connected society, increasingly closed, opressive and secretive one, or a feudal and fragmented world with two distinct cultures that are utterly incompatible.

    There is an enormous price for freedom, it is called RESPONSIBILTY and it seems a lot of people are afraid they cant handle it.

    1. Re:Complex philosophy by Anonymous Coward · · Score: 0

      Same here with RMS, Torvalds is right, you can't be Free and start adding caveats against the people you don't like or who might abuse Freedom.

      Then he shouldn't have used the GPL in the first place, since it starts out by using restrictions to ensure freedom. The GPL v3 is *completely* consistent with the aims of the FSF -- to ensure that you can always modify the program and still use it for the same purpose. Programmer freedom.

      Torvald's problem is that he speaks for OSDL (who pay his wages and protecting him from SCO and other assorted IP lawyers) who get their money and lawyers from tehe likes of IBM and HP... corps who *do* want to make versions of Linux that they "own" by signing them and having the hardware enforce their ownership -- effectively making the Linux kernel de facto proprietary.

    2. Re:Complex philosophy by Anonymous Coward · · Score: 0
      The GPL is a copyright license, the anti-DRM language in V3 will preserve the spirit of the GPL. GPL3 is what a copyleft license must become with the advent of digital restrictions management. If certain companies are not planning on using DRM to undermine free software, why are we seeing propoganda such as this in the business press?

      The noise tells me that Stallman is right on target.

    3. Re:Complex philosophy by HiThere · · Score: 1

      Partly. Another part is that the kernel *IS* under GPL version 2, and there is no provision for allowing it to be extended to a later version. This means that in order to relicense the kernel as a whole (rather than pieces of it) it would be required to get ALL the copyright holders to agree. Isn't going to happen.

      Another part, of course, is that Linus has NEVER been philosophically committed to the GPL rather than to, say, the BSD. His choice of the GPL for Linux was pragmatic, based on the gcc & its libraries. So he really isn't personally interested in moving to a new GPL version...not unless he needs to.

      So. He isn't interested, and it would be difficult or impossible anyway. And he REALLY isn't interested. What do you expect him to say? (Remember: He's also a good manager, and doesn't want to unnecessarily rile the troops.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:Complex philosophy by Anonymous Coward · · Score: 0

      Partly. Another part is that the kernel *IS* under GPL version 2, and there is no provision for allowing it to be extended to a later version. This means that in order to relicense the kernel as a whole (rather than pieces of it) it would be required to get ALL the copyright holders to agree. Isn't going to happen.

      This isn't actually correct. Converting to the GPL v3 would not be as difficult as you think. Most of the kernel is copyrighted by a few large contributors... and much of the rest consists of small patches that could not possibly come under copyright law. It's not simple... but it's not impossible either.

      And for the record: Torvalds is a bloody awful manager... as well as being a bloody awful engineer (you don't need to be believe me... ask Alan Cox)... his value has been in being a "visionary".

    5. Re:Complex philosophy by Anonymous Coward · · Score: 0

      So the only thing that Linus has really done is releasing Freex at the right time, under the right license?

    6. Re:Complex philosophy by HiThere · · Score: 1

      Do remember that some substantial number of copyrights in the kernel are held by Caldera (now tSCOg). Well, perhaps not substantial...I haven't counted. They were certainly thought important at one time.

      Somehow I doubt that tSCOg would be amenable to a license modification...esp. if IBM wanted it. (And IBM holds a bunch of other copyrights...though I don't know if those are on the kernel. They may just be on file systems and utilities.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  38. Re: From my vantage point by Pxtl · · Score: 0

    Isn't that battle already lost though? I mean, is Linux licensed with the "V2 Or Later" clause, or was that left out? If the "Or later clause" is present, then the embedded developers are SOL, because their own fork must also include the "Or later" clause, otherwise backtrack to versions of Linux that were licensed without the clause. IANAL, but that's the way it looks to me.

    Really, the "or later" clause gives RMS a spectacular amount of power. He could make V3 a copy of the BSD license, and thus effectively obliterating the GPL completely - after all, any V2 project would be allowed to be converted into a V3 project by anyone using it, and the "or later" clause could not be removed without the permission of all relevant copyright holders - and even so, older versions would retain the "or later" clause.

  39. On the wrong side of the battle by RLiegh · · Score: 4, Interesting

    Morally, Linus is on the wrong side of the DRM battle, since he supports it (and is willing to be used as a PR pawn by Forbes), however Pragmatically, he's on the right side of the battle, since DRM is ineveitable and perhaps by doing their bidding, the robber barons^W^W business world will allow him to continue living^w coding.

    Stallman may be right morally, but so was John The Baptist; and look at what happened to him.

    1. Re:On the wrong side of the battle by ggvaidya · · Score: 1

      What happened to John the Baptist? He got killed for fairly random reasons, then was immortalised, and then him and the guy he announced (a certain Mr. Christ) went on to change the world.

      That's all Stallman wants, too, and all I've got to say is, more power to him. I would much rather live in a world without DRM than one with.

    2. Re:On the wrong side of the battle by RLiegh · · Score: 1

      1)John was beheaded; end of story; that was the point.
      2)DRM, like warrentless survellience (sp?) is an inevitable part of modern life; this isn't going to change so you may as well learn how to cope.

    3. Re:On the wrong side of the battle by Anonymous Coward · · Score: 0
      DRM, like warrentless survellience (sp?) is an inevitable part of modern life; this isn't going to change so you may as well learn how to cope.

      Friend, neither of these are a part of my life and they never will be! Go and "cope" yourself, in the interim the human race will proceed with evolution by overcoming such adversity.

      If our ancestors had been as complacent as you, we'd still be crapping out of trees 8 hours a day!

    4. Re:On the wrong side of the battle by Anonymous Coward · · Score: 0

      Pretty soon, we'll see how well you cope in gitmo after trying to "evolve" some software in order to gain unauthorised access to digitally protected media.

      There's a place called "the real world". You should check it out some time, "friend".

    5. Re:On the wrong side of the battle by Anonymous Coward · · Score: 0

      Wow, be sure to enjoy your facist utopia.

      HAND

    6. Re:On the wrong side of the battle by Anonymous Coward · · Score: 0

      Far from a utopia, it's the world we live in.

      L8R!

    7. Re:On the wrong side of the battle by chris_eineke · · Score: 1
      2)DRM, like warrentless survellience (sp?) is an inevitable part of modern life; this isn't going to change so you may as well learn how to cope.
      Yeah, that's a good idea. We'll all sell our souls to the devil, roll over, and take it quietly up the ass. Way to go.
      --
      "All you have to do is be fragile and grateful. So stay the underdog." Chuck Palahniuk, Choke
    8. Re:On the wrong side of the battle by RLiegh · · Score: 1

      If your martyr complex requires you to fight battles that are unpossbile to win; feel free. The rest of us have enough to do coping with the winnable battles of work and family.

    9. Re:On the wrong side of the battle by Anonymous Coward · · Score: 0
      Far from a utopia, it's the world we live in.

      The grunts have wars and kill each other, it's called natural selection. Once these evolutionary rejects have slaughtered a sufficient number of themselves, the cycle will continue without any requirement for DRM or mass surveillance.

      HTH
    10. Re:On the wrong side of the battle by petrus4 · · Score: 1

      Morally, Linus is on the wrong side of the DRM battle, since he supports it (and is willing to be used as a PR pawn by Forbes), however

      Whose definition of morality are we talking about, here? Yours, or Stallman's?

      Can you also elaborate a little more on that statement in general?

    11. Re:On the wrong side of the battle by RLiegh · · Score: 1

      Whose definition of morality are we talking about, here? Yours, or Stallman's?

      I'm talking about the moral point of view that one should not weave hemp into rope for the people who mean to hang us (meaning, we should not enable technologies which will later be used to restrict our ability to read, write or otherwise do what we like with our computers).

      Linus has no problem with that, however; and that is what I mean when I say that he is on the wrong side of the issue, morally.

      He is quite happy to allow the business world to use Linux to legitimize DRM technology and techniques so that they become ubiquitous. This is dispite the fact thatin all likelyhood this will result (in the not-so-long-run) in closed computers that will not be user-programmable and may even ironically result in linux not being able to be run on personal PCs once the computing world has become used to being shackled by corporate interests.

      The meaning of rest of the statement should be fairly obvious; Linus has been around the block a time or two and he should be aware forbes comes to bury OSS, not to praise it; so the fact he's happy to sit down with their interviewers means he's at best ignoring their agenda for his own benefit (which would be what? it's not like he needs the publicity) or he's actively endorsing their extremist pro-business agenda. (not just pro-business, mind you; but extremely so. Hell, I'm pro-business, nothing wrong with that as long as the needs of the market are tempered with respect for the rights of the individual)

  40. Re: From my vantage point by Mr+Z · · Score: 3, Insightful

    Just to throw my two cents in, that's exactly how I read it as well.

    The thing is, if we really do get "Linux everywhere," enough people are going to want to start hacking that it'll create an economic incentive to cater to the hackers. Witness the Linux variant of the WRT54G.

    IMHO, DRM will only die by collapsing under its own weight, and by heightening consumers' awareness of the issues. Fighting DRM head on by denying access to its underlying technologies (when, as Linus states, those technologies themselves aren't inherently evil) isn't going to work.

    --Joe
  41. tainted by GrumpyOldMan · · Score: 3, Funny

    $ dmesg
    sharks-with-lasers: module license 'mad scientist' taints kernel.

  42. Re: From my vantage point by baadger · · Score: 2, Insightful
    ...there is and always will be a fundamental tension between RMS's notion of ideal freedom and the Linux community's goal of "Linux everywhere".
    You seem to suggest that Linus wants Linux everywhere also? From the article his opinion seems to be rather well rounded with no real interest other than making a great kernel.

    I was rather disappointed with the following quote:
    I just care a lot more about some things than I do about others (I would refuse to buy a computer that I can't replace the OS on, but a dishwasher or a DVR? Not a huge deal to me)
    It's not so much I generally care about being able to change my PVR's firmware to unofficial/open source releases it's just that doing so can sometimes be beneficial and add value (example: routers -> OpenWRT etc) and, well, being able to do this is just cool. I guess this disappointement is because I like hardware hacking as much as I do software.
  43. GPL=Yes, DRM=Maybe, Govt=No by argoff · · Score: 1

    In all fairness, I really don't have a fundamental problem with DRM, what I have a problem with is when someone figures out how to bypass or hack a DRM scheme and goes to jail. I think the GPL needs to protect people from that just as it protects people from going to jail and being fined if they copy and add to other peoples modifications of GPL'd code.

    I have confidence that GPL3 would protect me from that, I'm not so sure about GPL2. My world really does have room for DRM and the GPL, just not DRM backed by government thugs.

  44. Re: From my vantage point by ShieldW0lf · · Score: 1

    You may not see a negative, but the business community certainly does. Considering that the business community is the one paying for support for GPLed software and purchasing GPL products, I fully expect to see GPL v2 versions of any commercializable collaborative apps exist far into the future. Whether you release particular code under GPL v3 or not, others can examine the code, document its interfaces, describe its processes, and rewrite it under GPL v2. Give RMS credit where credit is due, because he has created a software license that even he himself cannot defeat.

    Um... he hasn't tried yet. His efforts are still in the planning stages. And his GNU software might not be quite as prolific as the Linux kernal, but it's pretty close.

    Linus is a reactionary. He plainly said so in the article when he made the statement

    Hey, I'm flexible. Some people call it being indecisive, but personally, I think it's a sign of intelligence when a person is able to change his mind when circumstances change. So I always leave the door open, even if it's just a crack.

    So yeah, he may not be pro-active about these "freedom" issues, but if/when the hardware manufacturers start fuck with his baby, you can bet that he'll sign on to the lovely license that RMS has worked so hard to have waiting for him. And in the meantime, he'll be as diplomatic as possible.

    --
    -1 Uncomfortable Truth
  45. The newsworthy part of all this... by Anonymous Coward · · Score: 0

    ...is that Forbes considers Linus's opinion of the draft GPLv3 important enough to publish.

  46. Linus RMS by MrCopilot · · Score: 4, Insightful
    Linus "I'm pretty happy with the GPLv2, and I just don't have the motivation or inclination to start talking to lawyers. I'm a programmer. I worry about kernel bugs."

    RMS "Pragmatically speaking, thinking about greater long-term goals will strengthen your will to resist this pressure. If you focus your mind on the freedom and community that you can build by staying firm, you will find the strength to do it. ``Stand for something, or you will fall for nothing.''

    Pretty much sums it up. I'm sure RMS doesn't like talking to lawyers either, he just has Beliefs and convictions that force him to. (No offense Mr MOGLEN)

    I will adopt GPL v3 as soon as finalized. I have much more faith in the "Ramblings" of RMS than the casual "Who Cares" of Linus. Great as the kernel might be. Without the Convictions of Stallman and GPLv2, Most of us would still be Running Proprietary OS's and paying for several different Compilers and toolsuites and Graphical toolkits, ad infinitum. We have those choices now because Stallman sat down with a few lawyers despite his distaste for authority. There is something to be said about beating the big guys with their own stick, Software Licenses

    Note to Article Author: I believe GCC is a little more popular (at least in terms of users) than Linux or Firefox. And that was written by?

    Ramble on RMS

    --
    OSGGFG - Open Source Gamers Guide to Free Games
    1. Re:Linus RMS by Spaceman40 · · Score: 0

      *applause*

      --
      I [may] disapprove of what you say, but I will defend to the death your right to say it.
    2. Re:Linus RMS by Akoma+The+Immortal · · Score: 1

      I second the *aplause* of the poster before me.

      --
      assert(expired(knowldege)); core dump
    3. Re:Linus RMS by xeno-cat · · Score: 1

      *applause*

      I get tired of seeing people bash RMS for whatever reason they pull out of the grab bag. The guy is simply the bedrock of everything Free and (allegedly) Open Source software stand for. There is nothing remotely wrong with the GPLv3. It just has peoples fur up because it looks like it might make it hard to coin money off of Free software. But thats what they were saying throughout the 90's about GPLv2. Appariently it takes industry about 10 years to catch up with RMS.

      Kind Regards

      --
      "A few great minds are enough to endow humanity with monstrous power, but a few great hearts are not enough to make us w
    4. Re:Linus RMS by Mr+Thinly+Sliced · · Score: 0

      ** applause **

    5. Re:Linus RMS by petrus4 · · Score: 1

      Pretty much sums it up. I'm sure RMS doesn't like talking to lawyers either, he just has Beliefs and convictions that force him to. (No offense Mr MOGLEN)

      Linus believes individuals should have the right to think and act as they choose. He doesn't try and define freedom as paradoxically containing restrictions on people's thoughts and actions.

      I will adopt GPL v3 as soon as finalized. I have much more faith in the "Ramblings" of RMS than the casual "Who Cares" of Linus. Great as the kernel might be.

      What I've repeatedly seen among RMS's advocates is a desire to allow him to do their thinking for them, rather than trying to think for themselves. You've compared two other people's different perspectives here...but you've been silent on something else that I'm curious about.

      What's *your* opinion?

    6. Re:Linus RMS by petrus4 · · Score: 1

      The guy is simply the bedrock of everything Free and (allegedly) Open Source software stand for.

      Is that a purely emotional statement, or do you actually have reasons for thinking that?

      The reason why I ask is because there are a number of FOSS licenses in particular which Stallman disagrees with, and whose creation he didn't have anything to do with. Hence, I find myself questioning the factual accuracy of your above statement.

    7. Re:Linus RMS by ciggieposeur · · Score: 1

      What's *your* opinion?

      My opinion, having worked for IBM for several years (a company that indeed gets it in terms of OSS) on a project with large business users, academia for a couple years on code whose official ownership is somewhat fuzzy (depending on who funds it), and actually gotten my very own OSS project to beta (with very few users): I like GPLv3, I'll switch my own code to it when it's finished, and as time moves on I see that RMS has been entirely correct in his predictions of typical human behavior.

      The only reason businesses play nice with OSS is the GPL and the FSF's absolute insistence on compliance. Want to create a new computer language but re-use large parts of GCC? GPL your code. Want to incorporate library FOO into your application? GPL your code. Want to take MY code and lock it down? PAY ME for a non-GPL license.

      GPL is what the old shareware concept is really all about. You can take the code, run it, see how it works for you. If you want to play with it, fine. If you want to own the code (source), PAY ME. If you don't want to pay me, buy someone else's, see if there's a non-GPL open-source equivalent, or write your own.

    8. Re:Linus RMS by xeno-cat · · Score: 1

      Of course it's an opinion. There are enough "facts" out there for anyone to have any opinion they choose. The trick is to use several different faculties of your brain to sort through all these "facts" and arrive at a reasonable interpretation of reality. One that when tested, tests positive.

      RMS tests positive in all my studies. Head and shoulders above others. Do you have findings of your own that might sway me differently?

      Kind Regards

      --
      "A few great minds are enough to endow humanity with monstrous power, but a few great hearts are not enough to make us w
    9. Re:Linus RMS by MrCopilot · · Score: 1
      What I've repeatedly seen among RMS's advocates is a desire to allow him to do their thinking for them, rather than trying to think for themselves.

      Funny, my experience says most people choose not to think about this particular topic at all. Click accept. Click Next. I was even once one of those people. As a software developer, suddenly I had to consider adding my own license to click through. First couple of apps had nothing, I was disgusted by the examples of licenses that were recommended to me. Then one day I stumbled out of MS-land and across the GPL. Made me think hard about the subject. Researched all I could find out about licensing and Open and Closed Source. Turns out it comes down to covering your ass and retail sales. No warranty, Can't Sue, Can't Copy, can't modify. The FSF has a great set of FreeSoftware Compatible ones. None of them convey my opinion as well as the GPL.

      Linus believes individuals should have the right to think and act as they choose. He doesn't try and define freedom as paradoxically containing restrictions on people's thoughts and actions.

      I'm sorry but isn't the Linux Kernel GPL v2.0 ?

      I do not see the belief in the freedoms expressed by the FSF in the form of the GPL (including V3) as restrictive. I see it clearly stating your responsibility if you want to play. You don't want to play take your ball and go home. There are other licenses. I choose the GPL because I share in its beliefs and goals.

      DRM is bad(mkay). The v3 gpl does not restrict you from choosing to implement DRM just saying if you do and license it under v3GPL you have to publish the keys with the source. Seems like a natural extension of you must publish the source that Linus had no problems restricting (EMPOWERING) his users with.

      What's *your* opinion?

      Let me check, Nope the article was not titled MrCopilot on GPL3 in Forbes
      But it is sweet of you to ask.
      My opinion is Ratify that beotch. Or I'm gonna ship the first product under GplV3.0Alpha.

      I don't think Linus can switch to v3 even if he wanted to. Something about too many contributors to get permission to change it.

      RMS does alot of thinking, he may even do it "for" all of us. But I do my own thinking too. I live by a simple creed, a good Idea, is a good idea no matter what its source. He just happens to be a reliable source. This way of thinking forces you to actually consider the content of an Idea.

      Ok my turn, whats your opinion? Or are you full now.

      --
      OSGGFG - Open Source Gamers Guide to Free Games
  47. Flip Flopper? by rthille · · Score: 1

    Is it just me, or is the comment from Linus about inteligent people can change their minds a dig at Bush?

    --
    Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    1. Re:Flip Flopper? by SoTuA · · Score: 1

      Only if you see Bush in every shadow. Or a Bush hater in every shadow

      Being able to change your mind has always been a part of being a reasonable person.

  48. Is Forbes going to let RMS tell his side? by billybob2 · · Score: 1, Informative

    I hope Forbes will let Richard Stallman explain his reasons for including anti-DRM provisions in GPLv3.

    Otherwise, it seems that Forbes is biased and acting in the interests of the Intel, Sony, Tivo and other business interests that want to hijack the hard work of open source developers in order to hancuff users and consumers with draconian treatcherous computing.

    But then again, writing stories that are merely disguised propaganda for the business cartels is nothing new for Forbes.

    1. Re:Is Forbes going to let RMS tell his side? by Anonymous Coward · · Score: 0

      So a news site that explicity targets business and financial news is primarly concerned with business. Oh no, the end times are upon us.

    2. Re:Is Forbes going to let RMS tell his side? by HiThere · · Score: 0, Flamebait

      Forbes is also one of the dingbats claiming that tSCOg has a good case. Do you need more evidence? (I don't, but Google is your friend..my memory says you'll find LOTS.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:Is Forbes going to let RMS tell his side? by Anonymous Coward · · Score: 1, Funny

      Evidence of what? That a business news site is going to biased towards business? NEWSFLASH: Farts stink! Details at 10!

  49. Re: From my vantage point by Anonymous Coward · · Score: 0
    From my vantage point (and I may well be missing something important), it looks like the anti-GPL3 sentiment comes from a misinterpretation about encryption keys.


    You're missing the important fact that Linus is pissed that FSF awarded Tridge the award for advancement of free software. This was awarded much as a jab towards Linus (although Tridge undeniably deserved it), as thanks for what's described here:

    http://www.theregister.co.uk/2005/04/14/torvalds_a ttacks_tridgell/

    Sometimes Linus can be childish and petty.

    (Yes, I'm posting as A/C, due to the vast hordes of Linus fans who almost certainly will mod this down, not due to the content, but due to opinion.)
  50. Has Linus misread the DRM provisions in GPL3? by Trestran · · Score: 3, Informative
    Maybe someone can explain this to me, but I'm not sure if GPL3 is saying what Linus says (or thinks) it's saying.

    I watched some of the explanations on GPL3 given by RMS and Moglen here, and they seemed fairly adamant about the fact that GPL3 did not forbid the use of DRM-ish encryption/authentication in code that falls under it, just that any keys necesary for running it need to be given to the user.

    Same deal for Trusted Computing-esque machines; it's perfectly fine to make a machine that uses keys to restrict usage of the machine maker's code that falls under GPL3, as long as they give the keys to the end-user. It's even fine to make a seperate key for each and every machine, only give it's unique key to one single end user tied to his or her machine. Just as long as the end-user gets those keys:
    RMS: Now, if each machine has a different signature key, they only have to give your signature key to you. Your machine's signature key. They have to give it to you, they don't have to publish it, they don't have to give it to anyone else. They can even promise you that they won't give it to anyone else, but they have to give it to you.
    Or as the GPL3 licence puts it:
    Complete Corresponding Source Code also includes any encryption or authorization codes necessary to install and/or execute the source code of the work, perhaps modified by you, in the recommended or principal context of use, such that its functioning in all circumstances is identical to that of the work, except as altered by your modifications. It also includes any decryption codes necessary to access or unseal the work's output. Notwithstanding this, a code need not be included in cases where use of the work normally implies the user already has it.

    Complete Corresponding Source Code need not include anything that users can regenerate automatically from other parts of the Complete Corresponding Source Code.
    Reading through the DRM clause it mentions "no permission is given to distribute covered works that illegally invade users' privacy" which is already "illegal", so you wouldn't be allowed to do it anyway, and "[no permission is given] for modes of distribution that deny users that run covered works the full exercise of the legal rights granted by this License" which you wouldn't be allowed to do anyway, without breaking the licence.

    Or is this dispute about some other part of the new licence?
    1. Re:Has Linus misread the DRM provisions in GPL3? by Anonymous Coward · · Score: 0

      It's about Tivo. With the GPL v3, Tivo is unlikely to continue using the Linux kernel for their systems. Or, some other company that makes cool things in the future will be disuaded from using Linux. Linus really likes people using his stuff to do cool things, and he is sad that Tivo might stop using Linux. That's why he opposes GPL 3. I wonder if deep down he knows it is right, but he doesn't really want to think about it. So he just concentrates on programming.

  51. Gross out by FishandChips · · Score: 3, Insightful

    If Torvalds declared he was simply walking away from it all, one really couldn't blame him considering the sometimes disgusting criticism levelled at him. And what has he done, apart from helping to give the world a free operating system, inspiring the open source movement and saying simply "Please treat me with the freedoms and respect I extend to you"?

    Mr Torvalds is just one guy, an engineer with an optimistic, congenial outlook on life, not a professinal advocate or evangelist with a foundation or six behind him full of law professors. Have Lessig and Moglen condemned some of the personal criticism levelled at Torvalds or would that be too much like hard work?

    Yet as a hard-working regular guy Torvalds has a better grasp of daily realities than many of his critics. Tightening up on software patents is a good idea, but rejecting DRM as the devil's work is a poor idea, perhaps simply immature. As the underdog in this affair he gets my support every time. If a better, revised GPLv3 emerges, one that two people or more can actually understand and agree upon, which is more than can be said for the present draft, then Torvalds will deserve our gratitude for sticking up for what he believes despite the hyena-like behaviour of some in the open source world.

    --
    Las qué passoun
    tournoun pas maï
    1. Re:Gross out by Spaceman40 · · Score: 2, Insightful
      the hyena-like behaviour of some in the ... world.
      Unfortunately, you'll get hyena-like behavior in any group with more than a few people. While I don't support it, I also recognize that anyone in Torvalds's position (being known by millions of people) is going to have his/her detractors, occasionally vocal and caustic.

      If a better, revised GPLv3 emerges, one that two people or more can actually understand and agree upon, which is more than can be said for the present draft
      There are actually quite a few people that understand and agree on the GPLv3 draft. Since you don't voice any of your own complaints, I assume you share the same as Linus. As others have said (including RMS himself, IIRC), the DRM clause isn't adding or removing any of the original intent of the GPL. One of the freedoms the license is built to protect is "the freedom to improve the program, and release your improvements to the public, so that the whole community benefits" (The Free Software Definition), and if nobody else can run your improved program, the whole community will not benefit.

      The idea with the clause was to keep people from releasing code under the GPL while not allowing the end-user to improve it and give the improvements back to the public in a meaningful way. I think it's a good way of doing so, but if you have a better idea on how to word it (perhaps one that Torvalds and yourself would understand and agree upon), please let the FSF know - I'm sure they would appreciate the feedback. This is what drafts are for, anyway.
      --
      I [may] disapprove of what you say, but I will defend to the death your right to say it.
  52. Mr. T's thoughts on the GPL by SoTuA · · Score: 4, Funny
    Why the facination with Mr. T's thoughts on the GPL?
    I pity the fool... who doesn't provide source with the binaries.
  53. Re:I agree with RMS... by Crispy+Critters · · Score: 2, Insightful
    "I think there is a distinction between two different uses of DRM."

    Let me rephrase your two categories, while trying to preserve the essential meaning.

    First, DRM can be used to help stop people from breaking the law, e.g. by making copies beyond what is permitted by fair use.

    Second, DRM can be used to restrict users from exercising rights that otherwise would be theirs by law, such as making fair use copies of copyrighted material or running a copy of a program that they have purchased.

    Unfortunately, all existing DRM seems to fall into both categories or exclusively into the second category. Perhaps the wild-eyed idealists are the ones who are considering how DRM might in theory be used, rather than how it is used in practice.

  54. Those who are still alive.... by jimicus · · Score: 1

    The whole argument is mostly moot since they couldn't possibly get all the contributors to agree to change the license anyway.

    Apparently some have now passed on to the great software house in the sky. Could be rather difficult to get their consent.

  55. bullshit, FSF is about Free, not your business. by twitter · · Score: 1
    Since when exactly has the FSF been concerned about be perceived as anti-commercial? Its been like 20 some years of them fighting "what's good for business".

    That's only true if your business happens to be non free software. The FSF advocates the use of free software for commercial ends, such as embedded systems. All they care about is preserving user freedom. This has negative implications for a few greedy companies that don't have the imagination required to make money without violating their customers. It's great for the rest of us and companies like IBM, which made $5,000,000,000 on free software consulting last year.

    You can whine all you want, but name calling won't change a thing or win you any more customers.

    --

    Friends don't help friends install M$ junk.

    1. Re:bullshit, FSF is about Free, not your business. by Anonymous Coward · · Score: 0
      Wow, you seem very angry.

      That's only true if your business happens to be non free software.

      So I take it anything that is not free software is by definition illegal or immoral? Or is that just your view? As the OP said, "what's good for business". It's not up to the FSF to dictate what that is, but to the individual companies. True, proprietary software might not be such a good idea, but that's hardly the FSF's call.

      $5,000,000,000 on free software consulting last year.

      *chuckle* I think you missed a few zeros there. What is that - profit? Revenue? Even assuming that's true (since you provided no proof), the rest of IBMs business is, of course "non-free software". Don't you think that's a bit of a contradiction? You should have used some other example.

      Not to mention of course that IBM also happened to have fired 10,000 (now that's a lot of zeros!) employees last year. I wonder how much profit of that big number you used comes from saving 10,000 salaries? No, I don't think IBM is a good example. Heck, Microsoft is just about the only large tech firm that has never engaged in massive layoffs! You paint IBM as paladins of free sofware - the reality is they're still a corporation that answers to its shareholders. As much as I love IBMs use and evangelization of free software, I don't think the amount they give back is commesurate to what they take in. And I've yet to see the source for the vast majority of their products - or even some non-draconian licensing terms.

      Maybe Novell is a better example, since they seem to be going back to the SuSE brand more and more. Maybe Novell will be a completely free software company one day. I just don't see IBM going there.

      P.S - not all "non-free software" is bad or evil. You seem to have lost your sense of measure somewhere back there.

  56. Re:I agree with RMS... by Anonymous Coward · · Score: 0
    Perhaps the wild-eyed idealists are the ones who are considering how DRM might in theory be used, rather than how it is used in practice.
    I am not sure what you mean by this. TCPA/DRM will eventually be used to lockdown the OS and application markets because that is a requirement for digital restrictions being enforced against the end-user. Those who see 2 seperate issues need to look a little closer )-:
  57. Re:I was thinking ftp by Anonymous Coward · · Score: 0

    Unfortinatly the BSD code in the Windows (ftp client etc.) is probably the most widely distributed open code.

    So where do I download the source for windows frp client?

  58. Torvalds should stick to technical matters. by jbn-o · · Score: 3, Insightful

    I wonder if Linus even has the real authority to unilaterly switch to an alternative license.

    He doesn't. The Linux kernel hasn't been under his exclusive copyright for most of its existence. Not even his fork is under his copyright alone because he doesn't collect copyright assignments from contributors to his fork. This seems to me to be right in line with the general lack of foresight and considerable confusion about software freedom I've come to associate with him (see his use of Bitkeeper and his objection to Andrew Tridgell's work on a Bitkeeper repo pulling program for other examples).

    By his own admission he is not a deep thinker about the philosophical (he says polical) part of the job.

    All the more reason why Forbes should have interviewed people who are deep thinkers about issues relevant to the GPL: RMS, Eben Moglen, or someone from the FSF who could have spoken with more insight and a clear understanding of what the license is meant to achieve. Interviewing Torvalds about licensing is usually fruitless because he gets another chance to demonstrate how much he doesn't understand the goals of the license and how much he doesn't agree with what he doesn't understand.

    He claims that use of GPL-covered programs is restricted by the first draft of GPLv3: "You cannot install it on your hardware (laser-equipped shark or otherwise) without also making sure that others can install another version.". That is a good thing because that's critical to software freedom. His criticism is confusing: he professes to want to be allowed to fix things, yet he criticizes along the lines of preventing people from stopping users to be able to fix things. He also doesn't seem to understand that others might want to tinker things he doesn't want to tinker with (a dishwasher or a DVR). Heaven forbid anyone wants to change the length of a wash, rinse, or dry cycle or a DVR that only deletes recorded programs when the user says to do so.

    He views the GPLv2 as a contract: "However, I don't think that's part of my GPLv2 contract." and Eben Moglen made it quite clear in his detailed discussion of GPLv3 that the GPL has not been and will not be a contract. There's even a section in the draft GPLv3 called "Not a Contract". I'd rather take Moglen's legal advice than Torvalds', particularly when it comes to interpreting the GPL.

    It's also hard to take Torvalds' complaints seriously because he refuses to become a part of the year-long revision process, even by submitting comments to the GPLv3 FSF site.

    If not a fork is all but inevitable (GNU/Linux anyone?). My guess is he will talk like this from time to time but will be under pressure to maintain the status quo.

    GNU/Linux isn't a fork, it's the GNU operating system featuring the Linux kernel. This is distinct from the GNU operating system featuring a kernel from one of the BSD systems, or the official GNU operating system which runs with the HURD.

    1. Re:Torvalds should stick to technical matters. by maxume · · Score: 1
      All the more reason why Forbes should have interviewed people who are deep thinkers about issues relevant to the GPL: RMS, Eben Moglen, or someone from the FSF who could have spoken with more insight and a clear understanding of what the license is meant to achieve. Interviewing Torvalds about licensing is usually fruitless because he gets another chance to demonstrate how much he doesn't understand the goals of the license and how much he doesn't agree with what he doesn't understand.

      I am pretty sure that Forbes feels like they got their man. Notice the title of the article 'Linux licensing'. For business, at the moment anyway, the gpl3 is irrelevant. The future of linux on the other hand, is becoming increasingly important. So in the context of Forbes, Linus is the only one with anything interesting to say.

      --
      Nerd rage is the funniest rage.
  59. I think your examples are different by Mateo_LeFou · · Score: 1
    In the second case, I think nothing prevents you from hacking up a screen for the shuffle somehow. Or coding in such a way that it sends the data out the USB port to a screen elsewhere. I don't know how those things work.

    But the first example:
    Doesn't the DMCA prevent you circumventing the md5 sumcheck? How does TiVO describe this part of the code -- which I guess is kind of a BIOS? and presumably TiVO's proprietary code?

    --
    My turnips listen for the soft cry of your love
    1. Re:I think your examples are different by burndive · · Score: 1
      Doesn't the DMCA prevent you circumventing the md5 sumcheck? How does TiVO describe this part of the code -- which I guess is kind of a BIOS? and presumably TiVO's proprietary code?

      GPL3 speciffically makes the DMCA inapplicable by stating that the "No covered work constitutes part of an effective technological protection measure".

      From the DMCA:

      Sec. 1201. Circumvention of copyright protection systems `(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.

      --
      ...because "hacker" sounds way sexier than "code drone."
    2. Re:I think your examples are different by product+byproduct · · Score: 1

      I think that you and others are confused because TiVo is making software, making hardware, and selling the two combined. You need to view TiVo software and TiVo hardware as separate, and evaluate each on its own merit.

      Back in the days, IBM was making software (OS/2), hardware (PC) and selling the two combined (a PC running OS/2). People could run OS/2 on other hardware if it worked for them, or run something else on IBM PC if it worked for them.

      Same with TiVo. What bites people with TiVo is that the software is good but the hardware is crappy (won't run what you want).

      The solution is to run TiVo software on hardware that isn't crap. That's why the parent AC is insightful. That's why Torvalds said that he "votes with his personal choices (and his dollars)". ONLY BUY HARDWARE IF IT CAN RUN WHAT YOU WANT. If there's enough demand for hardware that does what you want, a company will step in and produce it. Let capitalism sort it out.

    3. Re:I think your examples are different by Mateo_LeFou · · Score: 1
      No, I'm talking about the code in the TiVo's BIOS that says something like

      if (md5sum(EXECUTABLE) != b8bc0c13ab3fe6c1727cf4a27b0204d2) {
      /* just sit there doing nothing
      }

      This stuff is in the hardware, and not subject to any GPL. The question is, if you hack your own copy of the BIOS so that it didn't include such a line, then somehow get the machine to use this new BIOS, would you be infringing anything?

      (If not, someone should do that now)

      --
      My turnips listen for the soft cry of your love
    4. Re:I think your examples are different by mrchaotica · · Score: 0, Offtopic
      If there's enough demand for hardware that does what you want, a company will step in and produce it. Let capitalism sort it out.
      The problem is that "capitalism" (as defined by modern America) will lead to the most powerful companies successfully lobbying to make producing such products illegal.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  60. Nah. by jd · · Score: 2, Funny

    mad_scientist is completely compatible with the GPL, provided you load the wild_haircut and mismatched_socks modules first.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  61. Re:They didn't say you have to use GPLv3! by owlstead · · Score: 1

    If it is named the same, people would expect that it has the same purpose. Now we have just a version number difference, even if it is a highest level version number. Maybe we should name it the GSL or GRMSL instead. Then we should have less problems with it :)

  62. Thank God... by endeavour31 · · Score: 1

    I stick with the BSD license so this never-ending dance is completely immaterial.

    1. Re:Thank God... by arose · · Score: 1

      The old or the new BSD license? ;)

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  63. Re: From my vantage point by ejasons · · Score: 1
    Most of Linux (at least the parts from Linus) are not licensed with the "or later" clause, specifically for the reasons that you mentioned.

    Which makes it nearly impossible for Linux to be licensed under GPLV3 anyway...

  64. GNU/Linux by amightywind · · Score: 1

    I used term GNU/Linux with a bit of an ironic twist because Linux might actually because a GNU program if the project forked and making the term GNU/Linux more palatable to those today who are so opposed to it.

    --
    an ill wind that blows no good
  65. Ivory Towers vs. Hard Reality. by Anonymous Coward · · Score: 0

    "You're falling for the classic confusion here (which the FSF "purists" are trying to correct) that doing commercial software somehow requires being proprietary."

    How about the FSF come down from their ivory tower once in awhile, and actually look at what's happenning with the OSS licenses when dealing with reality? It's easy to say "we're misunderstood" when one doesn't have to look at the actual consequences of one's actions.

  66. Re: From my vantage point by WalksOnDirt · · Score: 1

    First of all, most of the Linux kernel does not have the "V2 or later" clause. Even if it did it wouldn't hurt the current device makers: what they are doing is making a device, say a VCR, that uses GPL software but won't run unless it is signed with a secret key. The draft GPLv3 wouldn't allow this, but the user deciding treat the software as being under v3 isn't going to help him after he's bought the crippled hardware in the first place.

    --
    a,e,i,o,u and sometimes w and y (at be if of up cwm by)
  67. Linus got it dead wrong by Anonymous Coward · · Score: 2, Interesting

    Linus is very confused. DRM is not necessary to protect your diary, and it is very easy to see why. I wrote down my thoughts here:

    http://www.fsfe.org/en/fellows/marcus/weblog/linus _got_it_wrong_on_drm

  68. What a cool attitude by big+dumb+dog · · Score: 1

    WOW! I'm blown away by this. I would suspect that this let the lawyers be lawyers and the programmers be programmers attitude is a difficult realization for someone like Torvalds to come to. Anyone who has written a program has faced this issue, most likely on a smaller scale (in my case a much much smaller scale).

    Torvalds life's work has some very deep reach.

    I bet he is much happier going down this path.
    I wonder if Mr. Gates is happy?

    --
    "Seven years of college down the drain. Might as well join the f-ing Peace Corps." - John 'Bluto' Blutarsky
    1. Re:What a cool attitude by faedle · · Score: 1

      I'd be happy if I had a gazillion bucks and a hot babe like that in my bedroom.

      Money might not be able to buy happiness, but it can make a lot of sadness disappear...

  69. DRM violates user freedom by taking control. by Anonymous Coward · · Score: 0

    > Looking at those disconcerting trends, I very much support the GPL v3's approach to software patents. But when it comes to DRM, I think the FSF goes too far and addresses an issue for philosophical reasons that isn't worth it.

    The only part of DRM that the GPL v3 prevents is that of removing control of the computer from its owner by using GPL'd code. How, exactly, is that a bad thing?

    I disagree that it is unreasonable or impractical. If they don't intend to do that via DRM, then companies are whining over nothing. If they do intend to usurp control of my computer, well, forgive me if I have a problem with that. I did not like it when Sony tried to do that, and I will not like it when other companies try to follow suit.

  70. Too early by Blinocac200sx · · Score: 0

    I think we really need to wait and let the GPL3 be hashed out further before we make any judgements one way or the other.

  71. "Dear diary" as DRM by massysett · · Score: 1
    Says Torvalds in TFA:

    The actual technology is exactly the same technology that allows you to encrypt your "dear diary," where you tell your diary all your most secret fears and all the heinous thoughts you had that you would never act out, but that you don't want people to even know you thought. At that point, it's not DRM anymore, it's privacy. See? It's technically pretty much the same thing.

    Well, copy restrictions and "dear diary" both involve encryption, but similarities stop there. I don't take my diary, encrypt it, and then give the diary and decryption key to anyone who's willing to buy them from me. I don't sell anyone who wants it the decryption key, while telling him that he can only decrypt my diary in certain ways and under certain conditions, and that he is not free to give the decryption key to his buddies.

    No, with "dear diary," I keep the key to myself. With "DRM" I sell the key and then restrict rights to use it. That's a huge difference.

    1. Re:"Dear diary" as DRM by Anonymous Coward · · Score: 1, Interesting
      I'm starting a web clearinghouse for on-line entrepreneurs. I'll be providing the majority of the content for this hypothetical exchange myself, based on my research. Since we don't want names, ideas, and plans posted on the Internet, access will be restricted (by various FOSS software, let's say) and encrypted using SSL.

      BTW it costs $100 a year to be a member. Now... is that DRM? Can you prove to your nervous IP lawyer that it isn't?

  72. opinions change, and that's a good thing by aeoo · · Score: 0, Troll

    Long time ago I used to think very highly of Linus. But I am under no obligation to continue to think so.

    Today I think Linus is pretty much irrelevant, if not foolish. But at least he's not arrogantly and offensively stupid yet -- only just foolish.

    I think some people in technical community feel like they're married to Linus. Meaning, whatever Linus things, they have to "yes dear". Ah, no. We're not married to Linus. If Linus starts spouting off nonsense to Forbes, then "fuck you Linus" may be in order.

    So far I don't think a "fuck you" is actually in order, but nor does it shake the foundations of my being if I used to really like Linus' personality in the past and now I like it less. Big woop de doo. Things change. Sure, someone can say that Linus was this way all along, but that's not what I'm talking about. How can I possibly know how Linus really is? I can't. All I know is my experience, which is contextual. In other words, maybe I realized just now that I really don't care all that much for Linus' opinion. So what? I still respect his coding skills, but I don't have to base myself on Linus (or RMS for that matter).

    The reason I like RMS is not RMS himself, but the idea that he stands for.

    So let's just relax and stop posting articles about Linus' opinion, like it matters. Linus' opinion matters when it comes time to include patches into his tree and what happens to his family, etc. But other than that, it doesn't matter much.

    1. Re:opinions change, and that's a good thing by kelnos · · Score: 1

      Then... why are you posting here, if it doesn't matter? You disagree with Linus' attitude. Fine. I'm sure he doesn't care and sleeps quite well at night. He's not an activist, a mantra he repeats time and time again. He likes to write software, and jumped on the GPL way-back-when because he thought it was a good way to generate interest in his kernel and require people to give back to it. Not because he's an idealist, or a zealot, or on a crusade to make all software free.

      RMS is the idealist. The fact that we have a fully open GNU/Linux system, created in part by the work of idealists and in part by "simple" engineers who just like to work on code just goes to show you that both approaches work and are relevant, regardless of how any of us may feel about RMS or Torvalds.

      I really don't understand why so many people get their panties in a bunch about how Torvalds "doesn't care" about open source. Aside from the fact that I'm sure he does care (just maybe not in the way or to the extent that some people want him to), why is he obligated to care?

      --
      Xfce: Lighter than some, heavier than others. Just right.
    2. Re:opinions change, and that's a good thing by Anonymous Coward · · Score: 0

      Why should anyone care what either one says, too?

    3. Re:opinions change, and that's a good thing by aeoo · · Score: 1

      Because I disagree with people who think that it does matter? Doh.

      What Linus says doesn't matter, but if people misjudge what doesn't matter for what does, then that kind of misjudgement DOES matter.

      I mean, if what Linus says really matters, why not publish more ESR, RMS, Theo, and so on? Why single out Linus? Just because he gave interview to Forbes? Big woop-de-doo, if you ask me.

      I mean, what Linus says does matter to an extent. But it's nothing worth bellyaching over. Linus is a good guy, but good guys say and do silly things all the fucking time. So just because Linus is nice doesn't mean we have to go crazy over what he says or does. In particular, it makes no sense to start a big polemic over his words.

    4. Re:opinions change, and that's a good thing by kelnos · · Score: 1

      Maybe not, but I'm a bit confused now by how you mean to say it "doesn't matter".

      Doesn't matter in the sense that we shouldn't care what he says because he doesn't have good ideas? I don't really think that's true.

      Doesn't matter in the sense that his opinion in this case won't affect anything? It's true that he's not in control of GPL development, but the GPL architects would be fools to at least not consider what he has to say. He *does* run one of the most high-profile GPL-licensed projects in existence.

      Maybe we *should* be hearing more of what ESR, RMS, Theo de Raadt, etc. say. Though I daresay we do here quite a lot of RMS.

      I guess what I'm trying to say is that, regardles of whether or not what Linus says "matters" or not (however you want to look at it), he does have a valid -- if not "correct" -- viewpoint, and it never hurts to hear what other people have to think. If you're going to just blindly agree with what he says, sure, that's a bit foolish, but I don't think not posting articles about what Linus (or anyone else) says is the solution: the root problem there is that you (generic 'you', that is) are a pushover conformist zealot.

      --
      Xfce: Lighter than some, heavier than others. Just right.
  73. Re:They didn't say you have to use GPLv3! by jZnat · · Score: 1

    Technically, the GPL is his due to copyrights, but he GPL's the GPL (except for the preamble; you need to email/write to GNU to use it in a modified GPL).

    --
    'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  74. GNU Linux and GNU/Linux by jbn-o · · Score: 1

    I understand what you were getting at, but I don't think that would help spread the idea of giving GNU a fair share of the credit for the operating system. What opponents find more palatable would only confirm their misunderstanding, not help spread how things actually happened or give fair credit. Those who are opposed to using the term "GNU/Linux", are likely to react by saying how such a term would confirm the idea that Linux is an operating system and that this so-called "Linux system" is a part of the GNU Project. For opponents of the term GNU/Linux, it's perfectly fine to continue denying GNU any credit for the operating system and associating the system exclusively with Linus Torvalds and his political views (which exist and can be understood despite his insistence that he doesn't want software to have a political component).

    The FSF distinguish between "GNU Linux" (a Linux which is a part of the GNU project, like "GNU Emacs") and "GNU/Linux" (or, if you prefer, "GNU+Linux"). It's a very subtle difference, typographically speaking. But since there is no such thing as a Linux kernel which is an official part of the GNU Project, a GNU Linux, it's not very vigorously discussed.

    1. Re:GNU Linux and GNU/Linux by mdielmann · · Score: 1

      Where exactly does the GPL (or anything else in the business or software world) require you to give credit to someone via the naming of a product? I've said it before and I'll say it again. AFAIK, there's nothing to stop me from forking every GNU project and giving it my own asinine name. If there is, it certainly isn't the GPL.

      That said, I have no problem using whatever name the various distros choose for their package. Fedora Core Linux? Sure. Debian GNU/Linux? Why not. Windows XP SP2? Yep, MS distributes that. It's their package, they can call it what they want. If they want to tip their hat to rms (Linux distros, not MS, obviously), good for them. If they don't, that's fine, too. That's what freedom is all about, and something that rms, and you, would do well to remember.

      And if you're talking about the OS instead of the package, I don't know of any that aren't built on GNU software, so the mention of such is redundant.

      --
      Sure I'm paranoid, but am I paranoid enough?
  75. Re: From my vantage point by TheRaven64 · · Score: 1
    And his GNU software might not be quite as prolific as the Linux kernal, but it's pretty close.

    I'v seen a lot more GNU applications running on kernels other than Linux than I have seen Linux kernels running without any GNU software on top. Maybe in the embedded space there are secretly a lot of devices that run Linux that I've not seen, but I doubt it. For example, every Mac sold comes with bash, gcc, and a whole load of other GNU apps. Many GNU apps run on Windows, giving them a far larger potential footprint. I wouldn't be surprised if there are at least 2-3 times as many systems with GNU software installed than there are with Linux on them.

    --
    I am TheRaven on Soylent News
  76. RMS is "The Man" by Shizaad · · Score: 0

    They say life is like a marathon, not a sprint. Richard Stallman has his eyes on the horizon and his train is bound for glory. To those who've dissed RMS, I say: you've had your day. You've called RMS an irrelevant old hippie and a crazed zealot. But take a look at the big picture. The Linux kernel isn't everything. It's an interchangeable part of something bigger. Principles are enduring, and Stallman's license is based on enduring principles. Richard, here's to you, for standing firm.

    1. Re:RMS is "The Man" by kz45 · · Score: 1

      They say life is like a marathon, not a sprint. Richard Stallman has his eyes on the horizon and his train is bound for glory. To those who've dissed RMS, I say: you've had your day. You've called RMS an irrelevant old hippie and a crazed zealot. But take a look at the big picture. The Linux kernel isn't everything. It's an interchangeable part of something bigger. Principles are enduring, and Stallman's license is based on enduring principles. Richard, here's to you, for standing firm.

      if we didn't have the GNU license around, linux would have just been released under a different one. I think we would probably be at the same point.

    2. Re:RMS is "The Man" by arose · · Score: 1

      Linux was originaly released under a non-comercial license...

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  77. Re: From my vantage point by Stalyn · · Score: 1

    Actually you don't have to write your DRM schemes into the kernel. You could simply write a module that loads up a dynamic library which contains whatever functions you need. This library is seperate and can be distributed under a different license.

    --
    The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
  78. Re: From my vantage point by mdfst13 · · Score: 2, Insightful

    "If the "Or later clause" is present, then the embedded developers are SOL, because their own fork must also include the "Or later" clause"

    No. You're missing the point of multiple licenses. If you distribute software to me that says GPL2 or later, it means that I can redistribute with any of GPL2, GPL3, or any future version. What I can't do is add "or later" to software that was licensed strictly GPL2.

    It's the same as if you distributed software to me with a BSD or GPL clause. I can redistribute the software in something with a BSD license that is not GPLed.

    Stallman talked about this at the bottom of http://www.onlamp.com/pub/a/onlamp/2005/09/22/gpl3 .html

  79. Re: From my vantage point by top_down · · Score: 1
    ...there is and always will be a fundamental tension between RMS's notion of ideal freedom and the Linux community's goal of "Linux everywhere".

    You seem to suggest that Linus wants Linux everywhere also? From the article his opinion seems to be rather well rounded with no real interest other than making a great kernel.


    He's talking about the Linux community not Linus himself. Linus may have been joking when he made his well known "world domination" quote, but it is a pretty good description of what seems to be one of the main driving forces inside the Linux community. To put it crudely: The FSF is about political excellence, BSD is about technical excellence, Linux is about being big. And the Linux community seems to have it right as political excellence and technical excellence are easy once you dominate the os scene.

    --
    Anyone who generalizes about slashdotters is a typical slashdotter.
  80. Ubuntu? by Anonymous Coward · · Score: 0

    That's for sissies. Real men use Slackware:
    1) ./configure
    2) error: libxxx not found
    3) Shit! Not again?!

  81. coding on a "Trusted Computer" by Ginger+Unicorn · · Score: 1
    I was just thinking - if you can only run signed code on a trusted computer, does this mean people will need special registered dev kits to be able to write their own programs?

    For example, right now we have say WinXP and C# .net whatever. So as an individual or a small company, i could write a .net app in C#.

    Now on WinVista+1 with "Trusted computing" i decided to try the same thing, but find there is no Visual Studio 2010 becuase for that to even function, it would need to compile signed binaries, thus enabling joe sixpack to write a DeCSS program.

    Three alternatives under trusted computing:

    1. Visual Studio 2010 uploads your source to your registered developer account at compile.microsoft.com and you get your binaries back
    2. WinVista+1 API is phenominally restrictive and only allows you to build high level Apps with only high level I/O controlled exclusively by MS approved DLLs (so you can't fopen("thing.xls") but you can getCell("thing.xls", "sheet1", G3)
    3. There is a special "WinVista+1 Developer Edition" registered and strictly controlled by microsoft like the XBox XDK is.(maybe with a less restricted WV+1 Developer Pro Edition that only runs on $10000 MS hardware)
    Personally I can't wait for MS/Intel to implement Trusted Computing. Then we just sit back and watch their grassroots developer base dwindle (developers,developers, developers; marginalised,marginalised,marginalised)

    Then the OSS community just go about their regular business using open systems, totally unnaffected by TC. Because I think it's impossible to enforce Trusted Computing as mandatory; i dont see that threat coming to fruition. If they even attempt to put it in to action the resulting chaos would destroy the IT industry in America.

    --
    (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
  82. Re: From my vantage point by arose · · Score: 1
    And the Linux community seems to have it right as political excellence and technical excellence are easy once you dominate the os scene.
    MS Windows XP.
    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  83. Re: From my vantage point by spitzak · · Score: 1

    If the "or other" clause was included, somebody could make copy and say that their changes are GPL3 only. If their changes were popular enough (ie if they were from the core developers) they would effectively change Linux to GPL3, since the only GPL2 code would be useless outdated stuff that does not interoperate.

    In fact this is exactly the same as why BSD code can be "stolen" by a company, despite claims to the contrary by many posters here. Anybody who thinks the GPL3 is dangerous should have to agree that BSD is even more dangerous.

  84. What about hardware implementations then? by Jamie+Lokier · · Score: 1
    I should be able to modify that code and run the modified code on that hardware. Their modifications are functionally useless to me (to the world) if I cannot run the modified code on the hardware.

    What about programs embedded in ROM or other write-once physical devices? What if the program's compiled to hardware and fabricated as a chip? Are those uses forbidden by GPLv3?

    -- Jamie

  85. Free or popular? by Anonymous Coward · · Score: 0

    I can see why Linux doesn't call himself a philosopher or deep thinker. His mad scientist building an evil laser shark image is bizarre and distracting, and he's totally failing to see what's going on here. He states that he "wants to get paid in code" and Stallman wants to create "weapons of mass opinion." He's confusing the issue.

    If he wants to use a "getting paid" metaphor, the situation is:
    Linus is happy to have his work turned into useless text, and call it a fair trade. Stallman is saying "What is this poetry crap? Give me something I can use or get your own toolbox!"

    If he wants a weapons metaphor, the situation is: Linus is only too happy help you build a laser shark that will only do what you want, even if you want it to do bad things to him and everyone else. Stallman says "you want me to build you a laser shark? Fine, but I get the keys too, I'm not trying to get chomped by no shark."

    Underneath it, yes, Stallman is clearly more of a hardass than Linus. I can imagine working for Stallman would be tough, but given the choice I'd follow the guy who wants to be free at any cost rather than the one who wants to be popular at any cost.

  86. Re: From my vantage point by top_down · · Score: 1

    Indeed, Microsoft took the same road with Windows. But of course they are not primarily interested in technical and political excellence.

    --
    Anyone who generalizes about slashdotters is a typical slashdotter.
  87. Time to learn about copyright law. by jbn-o · · Score: 1

    Please read the first paragraph of my first post, particularly the part where I say that Linux kernel licensing isn't under Torvalds' exclusive control and hasn't been for most of that kernels existence.

    1. Re:Time to learn about copyright law. by maxume · · Score: 1

      Thanks for making it about what I know or don't know. I am fairly aware, for a lay person, of copyright.

      Linus certainly doesn't have control over kernel licensing, but he probably has the most influence of any single person, or even 'entity' if we want to throw in corporations. Of the opinions that matter at all(do any of them given the wide distribution of copyright in the kernel?), I see Linus'es as the most important, re the kernel, which is what the article is about. That is the point I was trying to make.

      --
      Nerd rage is the funniest rage.
  88. The first step to wisdom... by jbn-o · · Score: 1

    Interesting how Microsoft may "call [Microsoft Windows XP SP2] what they want" yet you believe that respecting the name Stallman gave GNU requires a license clause demanding something, thus you choose to ask "Where exactly does the GPL (or anything else in the business or software world) require you to give credit to someone via the naming of a product?".

    How about that this is not a matter of legality, but a matter of respect. One ought to call things by their proper names: the kernel Linus Torvalds started is called "Linux", the operating system Microsoft distributes is called "Microsoft Windows", and the operating system Richard Stallman started is called "GNU". The union of the GNU OS with the Linux kernel is reasonably called "GNU/Linux" or "GNU+Linux" so that both projects get a share of the credit. As more variants of GNU appear which feature different kernels or kernel replacements (I know of 3 so far), it is respectful and technically useful to identify them by their proper names as well.

    1. Re:The first step to wisdom... by mdielmann · · Score: 1

      While I can see the value of knowing the specs for the complete OS you're running, why stop at just the OS? It takes far more than that to run many applications. Shall we start calling our various packages GNU+Linux+XWindows+KDE+WINE? It seems a little absurd to me. And why would RMS deserve more credit than any of the other elements in the rich framework of the Linux OS? When it comes down to it, the pervasiveness of the GNU tools in the *nix world makes adding the prefix to OSes more redundant, not less. At least I know some of the basic characteristics of the OS I'm running when I hear "*Linux" versus "*BSD". Tacking a few more letters in there isn't helping me much.

      It just makes no sense for the name to be where the credit is given. Let's use cars for an analogy. For instance, the Mazda RX7. Most people wouldn't say "I have a Mazda RX7." More like "I have a Mazda" or "I have an RX7", or even "I have a 1998 RX7" (if such a year exists). Just like people say "I run Linux" or "I run Red Hat" or "I run Fedora Core 4". All the information is there. In the case of cars, when I hear "RX7", I know it's made by Mazda, it's a sport car, and it has a rotary engine. Sure, if someone asks, you might learn that the car is red with a black leather interior, but there's no need to put that in the name, either (even if the leather is Italian). But don't worry, when I get the receipt, or the manual, all that information is there. Right where it's needed.

      And about your disingenuous comment about MS. They don't call Windows MS Windows. They call it Windows, just like the example above. Sure, it's a 1998 Mazda RX7, but that's year, make, and model. Just like MS Windows XP SP2 is brand, OS, major version, and minor version. And MS makes the name, and chooses the branding because they make the distribution, and that's what copyright allows. IF RMS wants to follow in their footsteps and require that GNU be mentioned wherever it's used, he'll just have to make his own distribution or remove the freedom currently in place in the license he helped create.

      Don't get me wrong. I'm impressed with the work RMS has done, both in software development and in the legal framework that surrounds it. His work speaks for itself. But perhaps it's time he just ackowledged that Linus filled in the last critical gap in providing a free OS, and let it go. I look forward to the day when there's a GNU OS (Hurd is a part of GNU, after all, and it would be redundant to call it GNU/Hurd ;) that he and the FSF can call whatever they want. Even GNU/Hurd, for all its redundancy.

      --
      Sure I'm paranoid, but am I paranoid enough?
    2. Re:The first step to wisdom... by jbn-o · · Score: 1

      Apparently you haven't read the GNU/Linux naming FAQ which addresses many of your concerns.

      Your second argument is circular. Just because people say "I run Linux" doesn't make it fair or correct, as I have already explained.

      Microsoft does call their product Microsoft Windows, particularly after February 2004 when they settled a trademark infringement lawsuit for many millions of dollars; a lawsuit they brought against Michael Robertson's "Lindows". After the judge denied Microsoft's preliminary injunction request and raised "serious questions" about Microsoft's trademark, Microsoft reconsidered their entire lawsuit and it wasn't long before they issued suggestions to reporters asking them to use the term "Microsoft Windows" which they could obtain trademark power on rather than "Windows" which they most likely could not. Now that GNU/Linux distribution carries a different name and Microsoft holds the "Lindows" trademark. This story was covered on /., you should look it up.

      Finally, filling in "the last critical gap" doesn't give one the power to deny all other contributors to the system and take full credit. Calling the official GNU system by their chosen name doesn't mean they deserve no share of the credit for the system running with other kernels.

  89. Does the loophole really need closing? by myvirtualid · · Score: 1
    GPLv3 is closing loopholes, see the TiVo example, by which people could use other people's work and ignore their obligations under the license, i.e. by making the code modifiable but making modified versions of the code unrunnable.

    If Tivo is using GPLv2 code in their box, then are they not obligated to release the source? If so, there is no loophole, since "the industry" will allow us to vote with our feet: Someone will take that code and release a box that does what Tivo does and allows users to modify the OS.

    It may take time, and early adopters or the ignorant may later regret their initial purchases, but that's how the market goes.

    As awareness of these issues - FLOSS; open, unencumbered, standardized data formats; user sovereignty; my machine is my machine; vendor hegemonies; etc. - grows, more and more consumers will vote with their feet and stop buying the closed boxes.

    GPLv3 may be solving a temporary problem, one that will eventually disappear.

    Note: I haven't made up my mind about the GPLv3 yet, I'm still mulling....

    --
    I'm here EdgeKeep Inc.
  90. Re: From my vantage point by hawk · · Score: 1

    >and TiVo doesn't want to allow users to create custom kernels and still
    >have a usable TiVo, as the ability to do so would potentially allow
    >users to easily break their DRM scheme.

    I keep seeing things like this, and wonder where they come from.

    Tivos running custom kernels are *common*. For example, there are modified kernels out there that have changed the size of disk that may be addressed.

    However, modifying the kernel doesn't affect the software that runs the GUI and handles playback.

    hawk