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GPL Causing Problems for Derivative Linux Distros

NewsForge (Also owned by VA) is reporting on a recent discovery by Warren Woodford about how the GPL could affect derivative Linux distributions. This could make life difficult for those small distros that are being maintained by one or two people in their spare time due to the high amount of work it creates. From the article: "Woodford does supply the source code for MEPIS' reconfigured kernel in a Debian source-package. His mistake seems to have been the assumption that, so long as the source code was available somewhere, he did not have to provide it himself if he hadn't modified it. While he has not contacted any other distributions, he suspects that he is far from the only one to make this assumption. 'We, like 10,000 other people, probably, believed we were covered by the safe harbor of having an upstream distribution available online,' Woodford says. 'I think, of the 500 distributions tracked by DistroWatch, probably 450 of them are in trouble right now per this position.'"

82 of 386 comments (clear)

  1. Applies to other GPL software as well by LiquidCoooled · · Score: 5, Interesting

    Remember, this applies equally to kernel hackers as well as people creating derivatives from other GPL software.

    From: mrAngry@snootygits.com
    Subject: I want the source code to your system!

    Polite Reply:
    If you would like the source code you are welcome to have it.
    Please note however that I have only made changes to a few of the thousands of x system source files.

    There are 2 ways that you can have it, the simplest being go to my upstream system writer and download the base code which I used and see the src folder on my FTP/CVS/web server for my own modifications.

    Otherwise I am willing to post you a CD/DVD containing the entire source code (original and my modifications). I cannot unfortunately upload the entire x GB folder since I do not have the bandwidth to spare.
    Please note however, there will be an administration and postage charge of £10 if you require a DVD image.

    have a nice day.

    Anyone making source modifications to a system must have at least one source copy of the original so be respectful but don't waste your time worrying about it.

    --
    liqbase :: faster than paper
    1. Re:Applies to other GPL software as well by wpanderson · · Score: 4, Insightful

      I think the primary concern is, what happens to a distro like MEPIS? Do they need to retain a full and publically available source repository for every package in Ubuntu? That could be an administrative and financial drain.

      If an upstream distro has to keep their sources available for all revisions of all packages for three years, surely all a downstream distro has to do is refer to those sources for untainted packages? Is this good enough for the FSF, or are they just going to turn into the bully of the FOSS community?

      --
      neuro at well dot com (when I post, it's my opinions, no-one elses)
    2. Re:Applies to other GPL software as well by nocomment · · Score: 3, Insightful

      Is this good enough for the FSF, or are they just going to turn into the bully of the FOSS community?

      It appears to be the latter.

      --
      /* oops I accidentally made a comment, sorry */
      /* http://allyourbasearebelongto.us */
    3. Re:Applies to other GPL software as well by Doctor+Memory · · Score: 4, Insightful
      Do they need to retain a full and publically available source repository for every package in Ubuntu?


      No, just the ones they distribute. Honestly, I don't understand why this is such a big deal. I mean, you had the source when you compiled the system, right? Once you get your release squared away, you do the release build, then zip up a copy of the sources and tuck it away somewhere. If someone wants the source, then you drag it out and make it available. Note that the GPL permits you to charge reasonable fees for making the source available, so go ahead and copy the source CD and ship it off. As long as it's not in some odd-wad format, you should be fine (legally speaking).
      --
      Just junk food for thought...
    4. Re:Applies to other GPL software as well by throx · · Score: 4, Informative
      I think the primary concern is, what happens to a distro like MEPIS? Do they need to retain a full and publically available source repository for every package in Ubuntu? That could be an administrative and financial drain.


      There is no requirement to have the source instantly available online. It is perfectly acceptable to simply present a written offer of the source code for a nominal handling fee on physical media such as DVD-R. This will eliminate most of the people who just want the code to annoy you rather than do something serious with it.
      --

      Fear: When you see B8 00 4C CD 21 and know what it means

    5. Re:Applies to other GPL software as well by LiquidCoooled · · Score: 5, Informative

      Exactly my thinking.

      There is no requirement to keep the source code available online to every single release you have ever done, but it makes SENSE to keep it stored away on CD inside a filing cabinet.
      If somebody comes to you in 3 years with a request to the source code, you can return the EXACT code he had from the release he is requesting.

      It is not breaking any clause of the GPL and would infact be a worthy test of a company to produce such data.

      The daytime software I work on is closed source, however we use the same thinking there.
      I can go into our files and produce a CD containing the entire code and packages for every single release of the software we have made since the DOS days.

      To my knowledge however we have only ever required it ONCE. If it were open source, why would I waste the space to keep that online? (there are around 90 release CDs available, each around 400mb)

      --
      liqbase :: faster than paper
    6. Re:Applies to other GPL software as well by LiquidCoooled · · Score: 2, Funny

      Please don't send the black helicopters.

      Here in England, the helicopters are navy blue with pinstripes ;)

      --
      liqbase :: faster than paper
    7. Re:Applies to other GPL software as well by Fourier · · Score: 5, Informative

      You clearly asked the wrong people. Much like Debian, Ubuntu's packages can be found quite easily on its website. A quick search here leads to the kernel image package; there you can find a link leading you to the kernel source package used to generate the image.

      The APT package management system also provides commands that make it quite easy to download source automatically.

    8. Re:Applies to other GPL software as well by munpfazy · · Score: 4, Interesting
      No, just the ones they distribute. Honestly, I don't
        understand why this is such a big deal.


      Yup. Seems like total nonsense to me.

      Even if he chose to distribute the sources online, the resources required are trivial. A bzip'd source file is rarely much larger than binaries produced from it. We're talking about at most a factor of 2 difference in storage on the server even if he decided to independently place the source to every version of every binary online. And, there are many ways to cut that number down until it's a marginal increase in storage requirements.

      There's no requirement that he distribute the source in an elaborate or easy to use way. Just write something that fetches the source to every used package and tosses them on the server somewhere every time a version is released. Remove the old ones from the server and offer to ship a dvd in exchange for handling costs.

      Better yet, keep an up-to-date local copy and just check it into a cvs server with every release. (That way you only pay to store the diffs and have the source for every release available should anyone want it.)

      If he's right and nobody actually wants or needs to get the source from him, then the additional bandwidth requirements will be tiny. On the other hand, if the added bandwidth *is* important, then it demonstrates that there's a very good reason to require source distribution.

      Personally, I've never used a distro for which source packages aren't available. It seems like such an obvious step that I'd think twice before trusting someone who didn't do so automatically *before* getting a letter from the fsf.
    9. Re:Applies to other GPL software as well by dubonbacon · · Score: 2, Insightful

      I said Ubuntu wasn't being compliant
      This is probably why you were answered so rudely. Your demand wasn't exactly polite either.

      --
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    10. Re:Applies to other GPL software as well by ThinkingInBinary · · Score: 2, Informative

      No. The way it works is you're allowed to charge $X million dollars for the binaries. Once you purchase the binaries (or acquire them otherwise, AFAIK), the source code must be included, available for free, or available for a reasonable fee to cover distribution.

    11. Re:Applies to other GPL software as well by penix1 · · Score: 2, Informative

      "Is there a problem with "apt-get source linux-image-2.6.15-25-686"?"

      He's already replied to this but yes if you don't have a working network.

      It is a requirement to make source they used to build the distro available upon request period, end of story, full stop. No snide remarks are really needed. They had the source when they built the distro, and even if they didn't modify a single line of code are required to make the source available upon request if they wish to continue to distribute it. As has been often said here and elsewhere, the GPL covers distribution and Ubuntu is definitely distributing.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    12. Re:Applies to other GPL software as well by Waffle+Iron · · Score: 5, Informative
      He's already replied to this but yes if you don't have a working network.

      Then that's his problem, not Ubuntu's. They satisfied the legal requirement under section 3a of the GPL by making the source available on the same website that they distribute the object code from (with an easy automatic command, no less). If he can't connect with a particular machine, Ubuntu has no obligation to fix his problem for him.

      And if he happened to get the distro on a CD, the Ubuntu FAQ has this to say:

      We do not normally distribute source CDs and you cannot order them through shipit. That said, in order to comply with the GPL, we are happy to distribute source code on CD to anybody we give a binary CD. More information is written in fine print on the back of each CD. Source for everything on the CD is always available at http://archive.ubuntu.com/ or can be ordered from Canonical for them cost of the media plus shipping.
    13. Re:Applies to other GPL software as well by Chops · · Score: 4, Interesting

      Remember, this applies equally to kernel hackers as well as people creating derivatives from other GPL software.

      From: mrAngry@snootygits.com
      Subject: I want the source code to your system!

      I've been the Mr. Angry in this situation -- I'm not sure if it was a language issue, or why, but instead of telling me "the code is in anonymous cvs from XXX under tag YYY," or sending me a copy, the kernel hacker in question basically told me that he wasn't interested in helping me. It meant that I was stuck unable to make necessary reconfigurations to the only working kernel I could find for my handheld; I was basically stuck with a binary blob that I couldn't modify. I knew that the guy was one of the good guys, but it still really sucked being stuck in a situation that (a) left me unable to use Linux on my handheld, even though someone somewhere had got it working, (b) the GPL was designed to prevent, and (c) was, technically, illegal.


      Anyone making source modifications to a system must have at least one source copy of the original so be respectful but don't waste your time worrying about it.

      For me it was a much greater waste of time not getting the source code; it was such a waste of time that I gave up and shelved my handheld. You may not care about me personally, but you should bear in mind that fulfilling the GPL's conditions is very important, for reasons besides "it's the law."
    14. Re:Applies to other GPL software as well by Daengbo · · Score: 2, Informative
      Just go to the Ubuntu website and click on the "Download" link, which I'm sure is how he got Ubuntu in the first place. There at the bottom of the page, it reads (links deleted):
      Source code

      In accordance with our philosophy and licensing guidelines, source code is made available for all packages in Ubuntu. It can be browsed and downloaded from our archive. Alternatively, one can easily retrieve source code from an networked Ubuntu system by using a terminal to run the command "apt-get source " where is the name of the source package that you would like to download and unpack.
      It's much easier finding out how to do that than how to get on the forums or IRC, which he did. The guy was obviously a troll from the very beginning. Anyone who wants source or who understands the GPL knows where to get it. I wish I had mod points for the guy, because he needs to be taken down to "troll."
    15. Re:Applies to other GPL software as well by Fnkmaster · · Score: 3, Insightful

      Oh, bullshit. If you go around and act nasty and accuse people blindly of "not being compliant" because your head is too far up your ass to see what's going on around you, you should expect to be told to fuck off, and deservedly so.

      There is a prominent link on their download page. So you can obtain the source code from the same place they distribute the binaries. This seems to be perfectly compliant with the GPL. Or go type "Ubuntu source code" into Google - it took me 10 seconds to find archive.ubuntu.com.

      Nothing mandates coddling of morons. There will always be some self-righteous asshole who thinks the world owes him a hand-holding. To him and those like him, a resounding "fuck you". Learn to treat people with respect and basic decency, and you'll get much farther in life.

    16. Re:Applies to other GPL software as well by joostje · · Score: 2, Informative
      the kernel hacker in question basically told me that he wasn't interested in helping me.
      And who gave you the binary for the kernel? The kernel hacker himself? If not, he's under no obligation to give you the source (at least not by te GPL).
    17. Re:Applies to other GPL software as well by LiquidCoooled · · Score: 2, Insightful

      Obviously you play it by ear.
      Theres no point in wasting your upstream bandwidth uploading the entire source tree to every release of your software to the FTP when noone is requesting it.

      Its much more sensible to upload your modifications and inform people where the corporate supported base code resides.

      If needs change and people start having trouble obtaining the base code or begin requesting the merged source of every release then you change tact, get some more webspace/bandwidth and start uploading everything (by this time, the number of visitors and users will be so much higher that you should have a business model in place to absorb hosting costs, even if it is donation driven)

      --
      liqbase :: faster than paper
  2. Uhhh, you can by QuantumG · · Score: 2, Insightful

    His mistake seems to have been the assumption that, so long as the source code was available somewhere, he did not have to provide it himself if he hadn't modified it.

    It's called passing on an offer to supply source code.. it's a part of the GPL. What a load of shit.

    --
    How we know is more important than what we know.
    1. Re:Uhhh, you can by QuantumG · · Score: 3, Informative

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
              a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
              b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
              c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      So if Debian is offering binary packages of something that is under the GPL they MUST be offering a written offer under section (b) and therefore you are clearly free to pass that written offer third parties under section (c). Assuming you're not commercially distributing the work, but this guy probably is, so what's so hard about replacing their name with yours. All this is supposed to encourage you to use section (a) and distribute the source code with the binaries.. why is that so hard?

      --
      How we know is more important than what we know.
    2. Re:Uhhh, you can by mindstrm · · Score: 3, Informative

      No, Debian uses section 3a.

      Having the source downloadable from the same page/location as the binaries, or other "equivalent access" satisifes this obligation.

    3. Re:Uhhh, you can by munpfazy · · Score: 2, Informative
      Because it will make every download practically 10 times bigger across the entire board benefitting only the handful of people who might actually be interested in the code.


      In order to fulfill your obligation under the GPL, you don't have to put the source in the same tar file as the binary, just on the same server. The user is still free to choose to download only the binary.
  3. rtfa and still don't get it by seanadams.com · · Score: 4, Insightful

    Why should the "upstream" or "bigger" distro supplier be obligated to distribute source code for YOUR particular distribution? Of course _somebody_ needs to be responsible for making the source available, otherwise the entire spirit of the GPL is unenforceable...

    It makes sense to me that the person distributing the binaries should be responsible for making source code available for said binaries. That is how the license is written, and it is very straight forward. No surprise here - so what is the complaint?

    Do we really want everyone and their brother shipping their own MyFirstDistro as binary only, just because the sources are individually (hopefully, for the time being) available elsewhere? Is it fair to put that burden on someone else?

    1. Re:rtfa and still don't get it by also-rr · · Score: 2, Interesting

      Why should the "upstream" or "bigger" distro supplier be obligated to distribute source code for YOUR particular distribution?

      Bear in mind that, although not directly related to cases where changes are made, handing out CDs to friends *is also* distribution, but thanks to section 3(c) of the license you are perfectly able to refer them to the "bigger" distro supplier for the source code.

      There are cases where indeed the big fish are required to provide source code hosting for the smaller distributors.

    2. Re:rtfa and still don't get it by DragonWriter · · Score: 2, Insightful
      Bear in mind that, although not directly related to cases where changes are made, handing out CDs to friends *is also* distribution, but thanks to section 3(c) of the license you are perfectly able to refer them to the "bigger" distro supplier for the source code.
      Actually, technically, that's pretty clearly not right; if the upstream distributor didn't use the written offer option in 3(b), which most don't, you can't use the 3(c) option to pass on that written offer—as 3(c) is expressly limited to passing on a written offer received under 3(b)—since you never received such an offer; you are, therefore, obligated to either provide the source code (under 3(a)) or provide a written offer, valid for at least three years, to whoever you give the object/executable software to that you will provide the source code, at your cost (under 3(b)).
  4. GPL? by Black+Parrot · · Score: 3, Interesting

    Wouldn't any license be a headache for a small distro provider? How many packages in an average distro, for a team of 2-3 people to validate compliance on?

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:GPL? by Pieroxy · · Score: 2, Insightful

      Wouldn't any license be a headache for a small distro provider?
      To be fair, I think a BSD license is not a very big burden to anyone, small or big.

  5. This is nothing new... by Old+Man+Kensey · · Score: 5, Insightful

    I seem to recall various incidents in the past few years (a DVR maker comes to mind, though I can't remember which) where commercial products used GPL software unchanged, failed to distribute source (pointing people to the maintainer of the software), and the FSF and community raised a fuss. So I don't understand why this is suddenly such a light-bulb moment.

    --
    -- Old Man Kensey
  6. People who do not read license... by also-rr · · Score: 5, Insightful

    ...surprised when their guess as to what is required is not correct. Film at 11.

    Wikipedia has a pretty good plain English translation of the requirements to distribute GPL software.

    1. Re:People who do not read license... by also-rr · · Score: 3, Interesting

      Apparently I am also one of those who did not read the license carefully enough - it's a good job I don't redistribute GPL software.

      These projects may be covered under section 3 (c) of the license:

      (relating to pre-compiled binary distribution)
      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      I don't know about you but I would read that as, provided no changes have been made, stating that a link to the MEPIS source code repository was adequate if that was the nature of the offer recieved when the MEPIS binaries were downloaded, provided the sub-distro is non commercial.

      In any event for non-commercial sub-distros I cannot see that a violation in word but not spirit of such a minor nature would cause any eyebrows to be raised, generally you have to work quite hard to get sued under the GPL.

      For commercial entities then it's an entirley different matter, but if they don't take the time to read and understand the license then, well, words fail me.

    2. Re:People who do not read license... by ray-auch · · Score: 2, Informative

      These projects may be covered under section 3 (c) of the license:


      Only if the upstream distributor uses 3(b).

      If they used 3(a) - as most do - then the downstream guy has no written offer to pass on.

  7. We need a GPL police to enforce the GPL by Serveert · · Score: 3, Funny

    Requirements for being in this police force include an aversion to shaving, showering and doing laundry. Punishment will involve rubbing the face of violators with the dirtiest beard in the police force.

    --
    2 years and no mod points. Join reddit. Because openness is good.
  8. This article is FUD by Anonymous Coward · · Score: 5, Insightful

    The GPL only requires that one provide the source code if asked, and it is perfectly legal to send it via postal mail for a nominal fee.

    I can't imagine that anyone is actually asking these small Linux distributions to provide the source code for the Linux kernel when it is available for a free download.

    1. Re:This article is FUD by linvir · · Score: 3, Insightful
      Word you left out in bold:
      I can't imagine that anyone reasonable is actually asking these small Linux distributions to provide the source code for the Linux kernel when it is available for a free download.
  9. Quit whining, distro makers by Animats · · Score: 5, Insightful

    OK, these "distro makers" are downloading vast amounts of material covered by the GPL for free and then redistributing it for money or advertising. (MEPIS sticks in an Earthlink signup icon, for example.) And then they whine that they have to provide the source for the free stuff they're reselling.

    Even worse, some of these distro makers want you to sign up for a "support contract". If they don't have a repository of the source, their support probably isn't worth much.

    1. Re:Quit whining, distro makers by 2nd+Post! · · Score: 3, Informative
      OK, these "distro makers" are downloading vast amounts of material covered by the GPL for free and then redistributing it for money or advertising.


      This is perfectly acceptable to the GPL, to my understanding.

      The problem arises when someone wants the source and the distro maker does not have the capability of providing it; they are obligated to provide it, even if it's a measly single line patch+original source.
    2. Re:Quit whining, distro makers by mindstrm · · Score: 2, Interesting

      Of course it's perfectly acceptable. Parent is only pointing out the irony of making money off someone elses work, then whining that you have to abide by the same rules regarding source that allowed you to have your distribution in the first place.

    3. Re:Quit whining, distro makers by mindstrm · · Score: 2, Informative

      Nope. Re-read section 3 of the GPL, specifically 3c.

      If you are merely re-distributing, non-commercially, and unaltered, you do NOT have to provide source, and can simply point the user to the upstream provider whom you received the binary from. Section 3c.

      If you ARE commercial in some way, then 3c is not availalb to you, and you ahve to use 3a or 3b, you have no cause to whine.. you were given something for free and are now making money off it, providing source is part of your obligation.

    4. Re:Quit whining, distro makers by 2nd+Post! · · Score: 2, Informative

      Wait, hold that thought.

      If you are re-distributing non-commercially and unaltered code you do not have to provide source.

      The flip side is that if either of the two clauses are FALSE, you do have to provide source:

      If you are re-distributing commercially but unaltered code, you do have to provide source.
      If you are re-distributing non-commercially and altered code, you do have to provide source.

      The only way you can "simply point the user to the upstream provider" is if you are non commercial AND unaltered. As soon as you apply a patch, you are no longer unaltered, even if you are non-commercial, and if you are commercial, even if you are providing unaltered code, you need to provide the source.

      So my point still holds.

  10. So what? by fm6 · · Score: 3, Insightful
    This could make life difficult for those small distros that are being maintained by one or two people in their spare time due to the high amount of work it creates.

    And who would be affected if these distros stopped being maintained? Nobody in their right mind is going to rely on a software project that is somebody's hobby.

    This doesn't really kill one-man distros, it just means that the one man can't go through the pointless ritual of creating an ISO that nobody actually uses. So big deal. If you want to have fun by creating your very own Linux distro, nobody's stopping you. But if you want to create a distro (or any other open source project) that people will actually use, you have to learn to work with others.

    1. Re:So what? by Bluesman · · Score: 5, Funny

      >Nobody in their right mind is going to rely on a software project that is somebody's hobby.

      Best. Irony. Ever.

      --
      If moderation could change anything, it would be illegal.
    2. Re:So what? by krack · · Score: 5, Insightful

      Nobody in their right mind is going to rely on a software project that is somebody's hobby.

      What is the criteria for any open source project leaving 'hobby' status? To put it another way, when did people of 'right mind' start using Linux, which started out as Linus' hobby?

      --
      Just because you are not paranoid does not mean they are not out to get you.
    3. Re:So what? by Fjornir · · Score: 2, Funny

      Mod it overrated. Then come in with your other account and mod it insightful.

      --
      I want a new world. I think this one is broken.
  11. What about FTP mirrors? by Anonymous Coward · · Score: 2, Insightful

    What about public FTP mirrors (such as run by many universities) that distribute binary packages/CD images/...? Do they have special agreements with the projects they mirror? Otherwise I guess they have to provide the source for any version they ever distributed for a period of three years too.

  12. the point of the GPL by drDugan · · Score: 2, Insightful

    I'm not an expert on this ... but

    I thought the point of the GPL was to encourage people to share and reuse code. Enforcing that EACH person who reuses code also shares it themselves is counter to this intention. The effect will be less reuse and less sharing overall. Obviously someone has to make it available, and when and upstream provider stops doing so, everyone else would have to pick up the slack. ... but enforcing this is actually counter to the intent of the GPL as far as I can see.

    1. Re:the point of the GPL by Jussi+K.+Kojootti · · Score: 3, Insightful
      Imagine this: A hobbyist builds a really nice piece of PVR software, GPLs it and offers it for download. A large company then takes the code, packages it and starts selling in the millions. When people ask the company for source, they just point to the hobbyist web page.

      Does it sound reasonable to you that upstream pays for the bandwidth after they have already given the product out for free?

  13. I have an idea by Ethan+Allison · · Score: 4, Funny

    Why don't we completely rewrite the kernel from scratch and license it under something else?

    Wait, I've heard that idea before somewhere...

  14. So offer the source code. by T-Ranger · · Score: 2, Interesting

    At a reasonable price. My billable rate is CAD$78/hr. Minimum 3 hour callout, plus materials, and shipping.

    HTH, HAND

    1. Re:So offer the source code. by Tony+Hoyle · · Score: 2, Insightful

      Billable hourly rate *is* a physical cost of distribution.

      My time is not free. If I had to retrieve the source to 1000 packages and burn 20 DVDs full of it, then post it to another country it's going to take me a couple of days *and* the postage is a bitch.

      $100 an hour is not an unreasonable price for that. 2 days.. 16 hours, $1600, plus another $200 postage and packaging.

  15. Only copyright holders can sue, and they won't by MarkByers · · Score: 2, Insightful

    If someone comes up to you and demands the source code rudely, you can politely tell them to fetch the code from the same place you got it from. You can send source files for anything you have changed or added.

    The angry user cannot legally sue you since they do not own the rights to the source code. The chances are the original programmer won't try to sue you either. They would have nothing to gain by doing so, unless you are making tons of money from your distribution (and if so, you can afford to mirror the entire source code). As long as you are reasonable you should be fine.

    Just relax, and get on with making the next version.

    --
    I'll probably be modded down for this...
  16. Mepis plays fast & loose with GPL by gvc · · Score: 4, Insightful

    Warren has made his own problems. I tried Mepis in 2004 and quite liked it. I used it for more than a year and installed it on several people's machines. However, I will not use it any more.

    My reasons are several, but one of the top ones is murky licensing.

    No doubt somebody from the MEPIS community will loudly declare that licensing is not a problem. If this is the case, exactly how can I get the source to build myself a MEPIS distro?

    There has been considerable bad blood in the MEPIS community and former community. I am not a member of any faction. I have done my share to contribute. I simply tried to get my questions answered and MEPIS and Warren came up short. His many rants -- the one cited in the story is one of many over the last three years -- further convince me that I was right to walk away.

    MEPIS is because is non-standard. Warren repeatedly warns against upgrading packages from the standard Debian repositories. There is no upgrade path from one version of MEPIS to the next. There appears to be a very weak mechanism for collecting community know-how as to how to configure the system to "just work" on a particular platform.

    1. Re:Mepis plays fast & loose with GPL by gvc · · Score: 2, Interesting

      It's things like this that convince me never to try any of the "small" oddball distros.

      A small distro is fine so long as it is architected as a delta on established base. Then you can keep current with the base and the worst that'll ever happen is that the distro-specific deltas have to be adapted and re-applied. If the small distro is viable, it should be able to do that much. Or figure out a way to use community support to maintain and enhance the deltas (for example, to support new hardware). Even if the distro dies, all you lose is whatever its value-add was in the first place.

      MEPIS chose instead to say that if you upgrade from Debian sources you are on your own. And if you upgrade, say, from MEPIS 2004 to MEPIS 3 or from MEPIS 3 to MEPIS 6 you have to do a fresh install and all your configuration information and tweaks will be lost.

  17. I'm not buying it. by mindstrm · · Score: 2, Insightful

    There is no safe harbour....

    If you are re-distributiong non-commercially, without modification, upstream source is fine (which makes sense)

    If you are modifying anything, including doing your own custom kernel, then you must provide source. Providing the source alongside the downloads, granting equivalent access to it, satisifes your obligation under the GPL to provide source. The day you stop offering downloads, you can stop offering the source as well.

  18. Good by glwtta · · Score: 3, Insightful
    This could make life difficult for those small distros that are being maintained by one or two people in their spare time

    That's a very good thing - there needs to be a lot less "small distros maintained by one or two people in their spare time". These SDMBORTPITSTs aren't helping anyone: if you want to roll your own linux for some itch you want to scratch - more power to you; but there's no need to call it a distro and pretend that you are going to maintain it for more than 2 months.

    --
    sic transit gloria mundi
  19. How did this get modded up? by chuhwi · · Score: 3, Informative

    In ubuntu, as in debian, there is complete source package for every binary package. Should you read the appropriate documentation, or even google, you could easily download the source package corresponding to the kernel package. Perhaps you were told to "fuck off" because you were too lazy to google before being rude?

    1. Re:How did this get modded up? by iotaborg · · Score: 3, Insightful

      And these snobbish attitudes are exactly the reason why linux has difficulty in desktop penetration and overall mindshare.

    2. Re:How did this get modded up? by geekoid · · Score: 5, Insightful

      google is not a replacement for communication, and it is pathetic to tell people to google instaed of at least offering a link.

      Oh, and typicall reason why people shy away from Linux:
      "Should you read the appropriate documentation, "
      maybe the poster didn't know where the docs are? perhaps they where new and just need some friendly advice?

      Man, you are a dick.
      I imagine if some asks you for directions to the corner store you just tell them to fuck off and by a map.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:How did this get modded up? by nuzak · · Score: 2, Insightful

      Quoth the OP:

      > "I said Ubuntu wasn't being compliant"

      He seemed to know enough to sling around baseless accusations. He deserves a good "fuck off" response.

      --
      Done with slashdot, done with nerds, getting a life.
    4. Re:How did this get modded up? by TheGavster · · Score: 3, Informative

      Frequently under Linux, you will be running fine with the distribution-specific kernel build, and find that you need a specific weird driver compiled in that isn't there. Without the source the distro used, you're left spending a long time getting everything back to working from a vanilla kernel (basically redoing any tweaks that the distro needed to make things work right).

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    5. Re:How did this get modded up? by s4m7 · · Score: 2, Funny
      I imagine if some asks you for directions to the corner store you just tell them to fuck off and by a map.

      Naw man, the American way is to tell them to fuck off unless they want to buy a map from me.

      --
      This comment is fully compliant with RFC 527.
    6. Re:How did this get modded up? by shellbeach · · Score: 2, Insightful
      google is not a replacement for communication, and it is pathetic to tell people to google instaed of at least offering a link.

      It's a bit odd to tell someone to google something that's available via apt-get. The Ubuntu kernel source package comes up clearly using synaptic and searching for "kernel" - and I should know, as it was the first package I installed when I put Ubuntu on my laptop (my laptop's ACPI needs a kernel patch for things to work correctly). The only thing remotely confusing was that the Ubuntu kernel .config wasn't supplied in the source directory - instead you have to copy it from /boot (and a note in the package info would have helpful as regards this!)

      Anyway, if the OP was really treated as he says, then yes, the attitude is a problem - but considering the default reponse on any Debian-related forum is "apt-get", I suspect that that he either asked in completely the wrong place, or is mis-recalling the instructions given.
    7. Re:How did this get modded up? by popeguilty · · Score: 2, Insightful

      It's especially galling to be told to read the documentation when, in a lot of cases, the documentation sucks. I've been looking for documentation for cpufreq/cpufreqd for ages in hopes of extending my battery life under Linux, and I can't find jack shit. But I ask anywhere, and it's always "read the docs!" What docs?

  20. Re:Exception for free distribution? by DragonWriter · · Score: 2, Informative
    That is, if you're giving the stuff away, it's good enough to simply point them back to the original source you used to fetch the code
    That's true if and only if you originally received a object/executable distribution with a written offer of source code under 3(b); if you received source code under 3(a), either as part of the package with the object/executable or provided from the same source as a separate, optional downloaded, you haven't received a written offer under 3(b), and can't yourself pass on that offer under 3(c).
  21. I wonder what reasonable is? by EQ · · Score: 5, Insightful

    Not a troll, nor flamebait - just "hacking" the 'reasonable' clause and cost in the GPL.

    Hypothetical:

    Say I make (ast an hourly rate of my annual salary) $50 an hour. Not unresaonable for a consultant.

    I am distributing a baby distro and I do the source via DVD and postal request since I cannot afford a lot of bandwidth.

    Figure it takes me 20 minutes to process the request, type up the label, grab the latest from my repository and DL the rest fromthe upstream, burn a DVD, and put it in a protective mailer package. And other 20 to go to the post office and 20 to come back (assume I'm in a rural area outside the suburbs). So thats and our of my time. Add in that this is essentially overtime in addition to my real job, so I bill it at time and a half. Thats $75 baseline in cost.

    Add in the postage ($8 or whatever the USPS "Priority Mail" rate is), the mileage and gas on the car to go to the post office, the CD cost (including mileage on the car and gas and time to go buy them, plus wear and tear amortization on my CD burner), cost of the bandwidth, etc.

    So all in all:

    "Yes, you can have the whole source tree from my upstream and the 2K of diffs I have added - the reasonable cost for this source is $94.37 per CD"

    Is that the right answer?

    Every penny of it is documented and accounted for. Every bit of it is involved with the cost in materiels and time that it takes to prepare and ship the source. My software is free, my time is not. If you think otherwise, go ahead and put yourself down as a slave who will work for free at the demands of people that use the software you donated - is that the intend of the GPL, to enslave authors to the whims of the recipients of their gifts?

    Again: Not a troll, nor flamebait - just "hacking" the 'reasonable cost' clause in the GPL.

    Who decides what is reasonable?

    Does the GPL give someone the right to dictate to the person releasing the software what they can and cannot do with their time? Think about it.

    If not, then how do you overcome the situation above, where the GPL seems to imply that you have to release the whole of the code, including upstreams, not just your diffs, especially where releasing the whole of the upstream is cumbersome or onerous - and the response ($94.37 per DVD) is likewise.

    Personally, I never looked at it this way before - the only thing I've released as open source (long ago) has been under the BSD license just to avoid the entanglements the GPL requires. And that only to be able to avoid warranty that Public Domain doenst expressly mention.

    --
    Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
    1. Re:I wonder what reasonable is? by ebrandsberg · · Score: 2, Insightful

      Sounds reasonable to me. Include a printed invoice (bill at say $.20 for the paper) that details this, and you are covered. If you get too many, state it will be 2-4 weeks for deliver, and make a bunch at once, saving costs, and pass it on. Reasonable means just that--is it reasonable for someone maintaining a baby distro to charge more for the labor of a physical copy? Yes. Is it reasonable for Redhat to charge the same amount? No, simply due to volume.

    2. Re:I wonder what reasonable is? by Anonymous Coward · · Score: 4, Insightful

      Regrettably, I find your cost analysis unreasonable.

      $50/hr is unreasonably low. When I consulted, I charged $60 and that was some time ago. Of course, you said you're rural area, so good congratulations getting $50/hr.

      Stop double-billing. You're not consulting now, you're administering a GPL distribution. 20 minutes to process a source request? Come on. Maybe 5 minutes to type/write the address label, assuming no SASE. What else is there to process? Do the ISO burn while you do the envelope. Need to build the ISO from CVS? Do that during dinner. Car expenses and travel time to the Post Office? Put it in the nearest mailbox while about your paying business-done. $5 at a rate of $60/hr. Maybe add $1 for the CD and postage. Get it out within two weeks or four if you're on vacation and who could complain?

      By adjusting the materials rate to cover the CD, packaging, and postage appropriately, and by billing at the rate at which you are accustomed, you are making money servicing source requests at your preferred rate and more or less at a time of your partial choosing.

      Not every commercial action is necessarily profitable. For-profit businesses occasionally lose money on a job.

      Nobody is enslaving you. You offered source at a reasonable cost upon request when you chose to distribute software under the GPL. It is a gift that can require additional giving, but if you find this giving onerous why distribute under the GPL?

      Presumably you found value in some GPL software, including but not limited to this software. Your analysis doesn't consider the benefits you have received in advance of making your gift.

      Of course, the point is probably largely moot. When has anyone ever said they were actually overwhelmed by servicing source requests associated with a GPL distribution?

      Priority mail should be at the requester's option and complete expense and only if possible with your schedule.

      I don't take your comment as flamebait, and I hope this isn't taken as a flame but as another view of your cost analysis.

    3. Re:I wonder what reasonable is? by wrook · · Score: 4, Insightful

      I suspect the answer to your question would be determined in roughly this fashion:

      1. You charge $X for redistributing the source
      2. Your customer thinks it's unreasonable and they make a stink
      3. The holder of the copyright of the code notices (or is contacted) and they also agree it is unreasonable
      4. The holder of the copyright contacts you and suggests that you should lower your price otherwise you will be in violation of the license
      5. You hold steadfast to your price
      6. The holder of the copyright terminates your right to distribute the software
      7. You ignore this and continue to distribute the software
      8. The holder of the copyright sues you
      9. The judge asks you under what authority you were distributing the software
      10. You have a choice of accepting the GPL or admitting that you don't have any authority to distribute the software. Since you actually have no choice, you say the GPL.
      11. The judge determines whether or not the price is "reasonable". But I suspect that he/she would lean heavily in favour of the copyright holder's definition unless it were completely bonkers.

      So, it's a long road to get to this point and quite likely you would resolve the situation before it ever got to the courts. And it would require several conversations with the copyright holder before it broke down that badly.

      This is what makes the GPL so good.

    4. Re:I wonder what reasonable is? by Eil · · Score: 2, Insightful

      Say I make (ast an hourly rate of my annual salary) $50 an hour. Not unresaonable for a consultant.

      I am distributing a baby distro and I do the source via DVD and postal request since I cannot afford a lot of bandwidth.


      Sir, if you're making $50 an hour, you certainly can afford the bandwidth.

      "Yes, you can have the whole source tree from my upstream and the 2K of diffs I have added - the reasonable cost for this source is $94.37 per CD"

      Is that the right answer?


      Maybe choose instead to bother with it in the evening or on the weekend when your time isn't so costly? If one is not prepared to fulfill his obligations under the GPL, one should not license his code under the GPL.

      I personally license most of my stuff under the BSD license or put it into the public domain for this reason. For my crappy little substandard projects, the GPL is way overkill. Nobody's going to rip them off and if they do, I hardly care. If I ever wanted to use the GPL, it would only be for code written in an "interpreted" language like Python where the executable and the source code are the same thing.

  22. FreeBSD and distributed RPM packages by MavEtJu · · Score: 2, Informative

    People working on the FreeBSD Ports Collection have had this discussion too with regarding to re-distributed RPMs for for example the linux Userland emulators.

    At the end they decided just to download the original SRPMS and make them available at the FreeBSD ftp sites too, just to get out of the hassle of it.

    --
    bash$ :(){ :|:&};:
  23. patch files? by corychristison · · Score: 3, Interesting

    I know this is a little late in the discussion, but I did a quick search on the page and couldn't find anything about patch files.

    Would this affect any small source-based distro's that use patches on top of the original source files? [sort of like Gentoo, 'cept they aren't small]

    Lately I've been thinking about building a small distro based on Gentoo or even just "roll your own" for my self. If I intend on releasing it to the public [I am still uncertain] would patch sets be the easiest route if I were to need to actually modify any code[it will be a source-based distro]?

    1. Re:patch files? by Tony+Hoyle · · Score: 2, Interesting

      Yes.

      Patches contain parts of the original source therefore the patch is covered by GPL too.

      Of course this means that distribution of patches is pointless.. you have to distribute the source *anyway* or you'll have the FSF on your back.

  24. You'd think... by SanityInAnarchy · · Score: 2, Interesting

    Google returns about 24.8 billion results for the word "the". Keep in mind, that's four times the total number of people on the planet. It's 32 times the number of people online. So assuming all things were equal, that would mean that even if we wired up every person on the planet, they would each have four webpages, at least.

    Sorry, but we're not there yet. You'd think it'd be time for some natural selection of the Internet. Who the fuck wants to read anything Jack Thompson has to say? Surely we could do without Heroic domain and typo squatters, couldn't we?

    The problem is, even if no one clicks on typosquatter ads for quite awhile, these Heroic pages probably won't go away without a fight. They'll find other ways to make money, other places to hide, all without cancelling the ones that aren't working.

    So what happens to all the old Linux distros? Oh, they might even still be available, but the unpopular ones won't be maintained. Remember tomsrtbt? That was my best recovery tool, before I had a cd burner, cheap CDs, and noticed how everyone had ubiquitous CD drives. Now I use RIP. Let's compare those -- tomsrtbt still works on the same computers it did before, but doesn't support the filesystems I need, and my main computer no longer has a floppy drive -- not to mention, it was last released in 2002. RIP probably takes less time to load, even though it pulls some 75 megs into RAM before you use it, versus tomsrtbt's 2 megs, because tomsrtbt is on a floppy (a slower floppy than usual), and RIP is on a CD. And let's not forget, RIP was last released four days ago.

    So, why is tomsrtbt still online? It's still on DistroWatch, even.

    The problem is, when a project is truly forgotten, you also forget to remove it, even if there's a natural replacement.

    --
    Don't thank God, thank a doctor!
  25. why is it so hard? by noldrin · · Score: 2, Insightful

    Don't people read and make sure they understand a license before they start distributing software under it? Just copy the source file from the original distro and post them on your FTP site. You could set up a script to do this while you sleep at night. The distro I use, BLAG, which is only a couple people seems to have no problem with being a derivative of fedora and offering the source in both individual SRPMs and ISOs.

  26. Correct me if I'm wrong... by starseeker · · Score: 3, Interesting

    Does the FSF have the power to insist on this for software they don't have copyright on (like, IIRC, the vast majority or even all of the Linux Kernel?)

    If they request the source code to a GPL package, and the author ignores them, what option do they have? I imagine the original copyright holder(s) would have an action as the original author(s) but I fail to see what standing the FSF has unless they are a copyright holder.

    This is an honest question - I don't know how this aspect of law (copyright law, maybe some other laws sneak in?) would actually work. What are the limits?

    Of course, the linux distro that isn't chock full of GNU tools is a rare bird indeed...

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:Correct me if I'm wrong... by adminispheroid · · Score: 2, Informative
      The FSF can only take someone to court over GPL violations when it's a piece of software that they hold the copyright for. The GPL is your license to copy, provided you do what it says. If you don't do what it says, then you have no license, and if you copy anyhow, then you are infringing copyright. Only the copyright holder has standing to take you to court for infringement. But of course, anybody can write you a complaining email.

      There's an important legal difference between licenses like the GPL and BSD on the one hand, and Microsoft's EULA on the other. If you violate the EULA, Microsoft can take you to court for contract violation and/or copyright infringement. But if you "violate" the GPL, the only claim you can get hit with is copyright infringement. The key difference is that you "agreed" to the EULA, which then obligates you in certain ways; but you never had to agree to the GPL.

      So if you're distributing linux w/o complying with the GPL, then you are infringing the copyright of about a bazillion people, and any one of them has standing to take you to court.

  27. Re:What about things like GNU Classpath by CCFreak2K · · Score: 2, Informative

    From my experience, they would only have to make available the source code to the objects that were GPL in the first place.

    --
    "Beware of he who would deny you access to information, for in his heart he dreams himself your master."
  28. Take what it gives. by twitter · · Score: 4, Interesting

    There is no upgrade path from one version of MEPIS to the next.

    Well, that's what happens when you mix in non free stuff like Macromedia flash, Real Player, Nvidia drivers, NDis wrappers, Vonage clients, etc. Non free is brittle. It might be less brittle than the Windoze world, but it will never be as easy as the free world.

    Free packages in Mepis upgrade with about as much grace as you can expect. Just last week, I upgraded Kontact from a 2003 edition to Etch. This worked out OK through apt-get outside of X. It got all the KDE goodies, xorg and other dependencies and just worked when it was done. There was one hang up, but the system itself told me what magic phrase to type.

    There appears to be a very weak mechanism for collecting community know-how as to how to configure the system to "just work" on a particular platform.

    Nuts. Mepis is one of the easiest distributions to install. If it works off the CD, it will work off your hard drive and Mepis works with more hardware than anything else I've ever tried.

    Mepis is still a great distribution to install for someone when you don't want to spend a lot of time. It demonstrates what free software can do. The problems it has are the problems of non free software in general and those rear their head far less often on a Mepis system than they do on less free platforms. In short, don't give up a useful tool just because one person says some stupid things.

    Warren can and will fix this little source code problem and this little non issue will fade away without trace. The chances are that some co operative solution will be easiest. Distributions which use the same package unmodified can get together to share the cost and expense of keeping the source code available.

    --

    Friends don't help friends install M$ junk.

  29. Re:This is why distros like Gentoo have an advanta by WilliamSChips · · Score: 3, Interesting

    No, Gentoo has an advantage because they don't have to deal with the kludge of binary packages.

    --
    Please, for the good of Humanity, vote Obama.
  30. Just distribute the code already. by martinultima · · Score: 2, Informative

    I happen to be a distro maintainer myself – yes, I know, I say that every single post, but at least now it actually is relevant – and I'll admit, up until recently I didn't distribute any of the source code either. But starting with the latest release, I've done no less than three whole discs of nothing but source – it's really not that hard to do, honestly.

    (If you're wondering, it had nothing to do with the FSF or GPL zealots; I've been working on doing an AMD64 port of my system, and that meant I had to move away from simply pulling pre-existing x86 binaries and actually start building the source myself. Honestly, it actually seems to be working a lot better this way.)

    Just in case any other would-be distribution maintainers are reading this, I may as well offer some advice – I've just put together a set of three ISO images containing the complete source code, as well as build scripts, etc. to automate the compile process. You really just have to know how to distribute it. As far as my distro's concerned, I don't actually distribute the ISO images or CD's myself – all the downloads, etc. go through MadTux.org, who not only host everything at no cost to me, but they also donate some of the money from monthly CD sales to me to continue development, pay for Web hosting, etc. So get someone like them to help with the hard part (actually distributing everything) and once that's out of the way, you should be fine.

    --
    Creative misinterpretation is your friend.
  31. what 'reasonable' clause? by adminispheroid · · Score: 2, Informative
    Not a troll, nor flamebait - just "hacking" the 'reasonable' clause and cost in the GPL.
    Maybe it would help to notice that the word "reasonable" does not appear in this section of the GPL. It says "a charge no more than your cost of physically performing source distribution". So you don't need to be prepared to convince the judge it's "reasonable," you just have to be prepared to convince the judge it is your cost.
  32. Re:GPL Problem Areas - Symbiotic Code and Content by Pfhorrest · · Score: 2, Insightful

    Releasing the game content under GPL isn't my concern. I'm giving that away nearly public domain anyway.

    My problem is with having to host the source code for a project that I'm only really a user of. I make content for use in this program, content without which the program is useless (and a program without which my content is useless), and which, if everything were unencumbered by licences, would rightly be bundled together with a copy of the program. How many commercial or even freeware games do you find that require you to first get a separate game engine from somewhere else? Not many; since game and content are useless without each other, they're pretty much always bundled. But the GPL puts an annoying burden on people who aren't developing software at all but want to include the needed software with their projects.

    For a hobbyist like me, that could be quite annoying. I suppose I could host a copy of the source on my site, but then, I want to put the file up on the common Marathon-mod sites or other such sites too. Do I have to put copies of the application source on those sites as well? What if they don't have a category for "game engine source"? Then it's back to bundling the source files with the game, which is (as per my analogy) like handing instructions on the chemical composition of the plastic bottles I'm using to everyone I serve my fruit punch too. It's a hassle to me and the people I want to give things to. I'm not making any modifications to the code at all, I haven't even downloaded it, I just downloaded binaries so I could run the content I made. The original project is still there, with the code and the binaries where I got them from. It seems like in a case like this there should be some leeway for these such uses, and it's a problem with the GPL that there isn't.

    And further, even if I were just to include a note with the project saying "I will post you a copy of the source on CD if you want it", how stringent must I be over here about making absolutely sure that I've got the source still backed up somewhere? If my HD dies and I don't have backups (which it almost did just recently... starting to keep some backups now), must I then stop all distribution of the project everywhere that it's online? Or since I've already put it up on a bunch of other people's websites (with this note), is that then in their hands? What if I could access the site through some web interface and remove the files, must I then do that? And if not, must I contact the site owners and tell THEM to stop distribution? Could they even have distributed it in the first place without first taking me up on my offer to send them a copy of the source? So I couldn't even upload it to such sites unless it was included in the same package, or the site agreed to host a copy of it themselves?

    Wasn't the whole point of the GPL supposed to be freedom? This seems awfully restrictive to me.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  33. RMS's Emacs tapes by OoberMick · · Score: 2, Informative

    Seems reasonable to me. RMS sold emacs tapes for $150 and that was in the early '80s so I can't see a problem with someone charging $94.37 for a DVD.