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Linus Speaks Out On GPLv3

Slagged writes to mention the word that Linus Torvalds isn't a fan of the new GPL draft. News.com has the story, and someone purporting to be Linus is causing a ruckus in the Groklaw thread on the subject. From the News.com article: "Say I'm a hardware manufacturer. I decide I love some particular piece of open-source software, but when I sell my hardware, I want to make sure it runs only one particular version of that software, because that's what I've validated. So I make my hardware check the cryptographic signature of the binary before I run it ... The GPLv3 doesn't seem to allow that, and in fact, most of the GPLv3 changes seem to be explicitly designed exactly to not allow the above kind of use, which I don't think it has any business doing."

615 comments

  1. Don't forget... by Mr.+Darl+McBride · · Score: 0, Troll

    ...to pay your $699 licensing fee you cock-smoking teabaggers.

    1. Re:Don't forget... by ZachPruckowski · · Score: 1

      Isn't that pointless? I mean, hypothetically speaking, if SCO wins and can go after Linux users, it'll have somehow nullified the GPLv2 (since it must have distributed this code in its own Caldera Linux). Which means that every line of Caldera Linux that isn't SCO written (probably millions of lines) is a potential $125,000 against SCO per distribution. At a minimum of 10 million GPL'd lines in Caldera, that works out to at least $1.25 billion per copy of Caldera. If SCO wins, it dies in retaliation.

  2. Linus is wrong by Anonymous Coward · · Score: 5, Insightful

    I don't think manufacturers have any business preventing me from running my own code on hardware I purchased, at that stage I may as well be using MS Windows.

    1. Re:Linus is wrong by Anonymous Coward · · Score: 1

      Exactly. If they want, they can still verify the signature and warn you that you're installing unverified/unsupported firmware. No manufacturer has to support a device which you broke by installing unsuitable software, so it's not their problem if you ignore the warning and brick your router/PVR/etc.

    2. Re:Linus is wrong by ThePiMan2003 · · Score: 1

      The problem is that people will still call for support, and pretend that they never saw the warning / its the manufacturers fault for letting them do it, etc. I've seen people do it before and I will see it again.

    3. Re:Linus is wrong by grim4593 · · Score: 2, Informative

      Then they should be like the D-Link routers and have an emergency ROM that lets you reinstall the firmware even if the router is bricked. Smart idea they have.

    4. Re:Linus is wrong by Spazmania · · Score: 5, Insightful

      This is a twisted and difficult issue.

      On the one hand, the whole point of open source is that you can change it and then run your changed version. That shouldn't be suddenly untrue at the arbitrary border between hardware and software. Hardware that uses approved versions of open source while actively preventing my version from running violates the spirit of the thing.

      On the other hand, most of us have spent the last decade saying that its OK to use both open source and closed source software on the same machine. No one argues, for example, that you can't run GCC on top of a closed-source unix kernel even though it requires that kernel in order to run. Nor does anyone argue that the processor and other chips used by the kernel must be an open, free design.

      The real problem, I think, is that RMS (via the FSF) is trying to force it down our throats as usual. He's a strange bird in that he really gets the freedom issue at one level while it flies totally over his head at another.

      I think I'd put the DRM stuff in GPL3 as an optional component and see what happens. Let us authors decide whether we want it. If it works for us, it can be made permanant in GPLv4.

      So I'd do something like this: Software released under the GPL MAY designate (on either a file-by-file or full release basis) that it can not be used by any device which by design actively prevents its legitimate owner from adjusting the software or data. Distribution of code so designated would be fully compatible with distribution of any other interlinked GPLv3 code with the sole exception that binary forms of the portions so designated may not be distributed for use with the restricted systems.

      But then I'm a vi guy. Maybe if I'd written emacs I'd see it differently.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    5. Re:Linus is wrong by Cryptnotic · · Score: 1

      It costs more money to include either an extra ROM or a bigger ROM that can contain restore code. That will cost Company A's product to cost more than Company B's product that does not include that code.

      A good example of this is the Netgear WRT54G series. The newer versions use a 4MB ROM and a proprietary OS (VxWorks) instead of the old 8MB ROM and Linux OS. They wouldn't have made that switch unless they saved money, even factoring in license costs for the proprietary OS.

      --
      My other first post is car post.
    6. Re:Linus is wrong by smittyoneeach · · Score: 2, Interesting

      Yes, but will GPLv3 allow you to have an emergency, fail-safe ROM, without providing a way for the FNG (that's me) to b0rk it?
      Given the seller, the buyer, and the marketplace in between, the whole argument centers around control of the market.
      On the one hand, you have the monopolists whow want to destroy the market,
      And on the other are these on the other end who want to destroy the market, and usher in some purported paradise.
      While I support the FSF, it is my hope that the tension will resolve in a way that respects the spectrum of motives driving human use of use technology. We can't reasonably privilege any one side of the situation.
      The part where the extremes feel the need to label the opposition, throwing out accusations like "communist" or "unethical" is where they reveal they've overstepped themselves.
      The GPLv2 stands on its own as a monument to common sense.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    7. Re:Linus is wrong by MichaelSmith · · Score: 2
      I think I'd put the DRM stuff in GPL3 as an optional component

      The linux kernel project has the choice of staying with GPL2 or writing their own license. They could even fork GPL2 to make their own new license if they want. So the DRM stuff is optional.

    8. Re:Linus is wrong by Anonymous Coward · · Score: 1, Informative

      Fallback bootloaders are tiny. Most motherboard BIOSes have one, btw, even though hardly anyone knows it's there. If you've trashed your BIOS and have a floppy drive available, you can reflash by writing the uncompressed BIOS image to a DOS floppy and "booting" from that disk. Use Google for complete instructions. Point in case: The lack of safe flash procedures in the embedded world shows that manufacturers still do not design their products for updates in the field. When customers flash a device with official firmware, they shouldn't have to heed warnings like "if you turn off the power before the soandso light is on/off, your expensive piece of hardware becomes a paperweight and can only be repaired by a service technician." If the manufacturers can solve that problem, there is no need to treat third-party software any different.

    9. Re:Linus is wrong by grim4593 · · Score: 1

      Well the ROM is separate and doesn't have to be apart of GPL. All it has to be is some code to let it download a bin file into flash memory. I would imagine manufacturers can make that themselves without resorting to GPL'ed sources. Unless the GPL means that ALL code on the device has to be open, whether it is under the license or not... I have not read it actually.

    10. Re:Linus is wrong by smittyoneeach · · Score: 1

      Neither have I, since a glance at the first draft.
      In defense of RMS, flexibility
      a) isn't simple, and
      b) hasn't historically helped much, and I'm thinking about WIFI and video drivers (and the thought processes behind them) when I write that.
      The situation is a lump of coal, but the amount of heat and pressure, one hopes, will get us do a diamond.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    11. Re:Linus is wrong by Burz · · Score: 2, Insightful

      While I support the FSF, it is my hope that the tension will resolve in a way that respects the spectrum of motives driving human use of use technology.

      That is just what the FSF is trying to do, by offering the anti-DRM GPLv3 license alongside GPLv2. Slagging them for adding this choice is IMO very uncool of Linus. He already has what he wants and no one is going to take it away from him.

    12. Re:Linus is wrong by ixl · · Score: 1, Interesting

      Actually, no they don't. The FSF uses copyright law to prevent people from forking the GPL. Ironic, huh?

      From the text of TFL: Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

    13. Re:Linus is wrong by ganhawk · · Score: 1

      This is a difficult issue as others have pointed out. My hardware might be a client to access the hardware vendor's server (think TiVO) and they might have a EULA saying that I will use only thier software to access their services. How will they verify it ?

      I think the main reason compaies want to do it is because, in the future when more devices will access the vendor's servers for services they dont want joe-next-door to setup a server and provide me the same service for free.

      --
      Python script to convert photos into "artsy" portraits: http://p2pbridge.sf.net/pyPortrait/
    14. Re:Linus is wrong by Spazmania · · Score: 1

      For all practical purposes Linux is stuck with GPLv2. It would take a Herculean effort with massive schisms to get the all the authors to authorize another license and replace the code from those authors who refused. That's why the FSF recommends allowing distribution under "any future version."

      When the FSF releases GCC and GLIBC under GPL3 only with the Linux kernel still under GPL2 its gonna be a mess.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    15. Re:Linus is wrong by compm375 · · Score: 2, Informative

      http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL
      No, you can fork the GPL, you just can't call it the GNU GPL and can't include the preamble without permission. That seems pretty reasonable. You wouldn't want a bunch of incompatible licenses all called the GNU GPL.

    16. Re:Linus is wrong by HiThere · · Score: 2, Interesting

      Actually, the Linux kernel project DON'T have a choice. It is and will be GPL2. To switch to GPL3 would require getting the agreement of a very large number of people, living and dead...or just totally out of contact. This isn't going to happen.

      GPL3 will be used where GPL3 is used. It will (probably) be compatible with GPL2, so I don't expect any conflict there. Some people will choose to use it, some will choose GPL2, some BSD, etc. And this makes me quite suspicious of those who are vehemently against GPL3. (Note that the comment is "from someone who was purported to be Linus Tolvard". Wonder who it was.) What is it that they want to do with MY code that the GPL3 would be so bad for, and why can't they explain how it would be so bad? (Well, if it *is* Linux, then he's got a lot of credibility, but I still want an answer.)

      HP apparently has some objection as to how patents are handled. I'll have to read their objection, but I'm disposed to dismiss it. HP doesn't, to me, have a strong reputation as a member of the community. (I know some feel that it does. Perhaps parts of it do, but the company as a whole definitely doesn't.) Still, the objections *might* have merit, even though they are about patents...as long as they aren't about software patents.

      But notice that with HP's objection, you CAN check (and I'm quite certain that lots of people who are closer to the process than I am *are* checking). This is the sign of an objection that's worth taking seriously. (I more or less cavalierly dismiss it because 1. it's about patents, and 2. it's from HP ... but my real reason for being so cavalier is... 3. my opinion isn't going to have a lot of influence. [If it would, I'd be much more careful with it, though I suspect it would come to the same conclusion in the end.])

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    17. Re:Linus is wrong by mabhatter654 · · Score: 1
      exactly, the whole point of the provision is to make "tivo"-ization out-of-bounds. Remember how tivo uses linux. They make the source code available, but you can't actually run the code on the system and use it as a tivo. I was looking at the wording yesterday and need to look at it again, but it looks like there are other problems with that section to address. As far as hardware only running signed code, that is EAXCTLY the point.. the provision is to give the downloader of the source any keys necessary to compile and run the program on your hardware.

      Remember, the GPL started because a printer manufacturer wouldn't provide a professor code to use last year's printer on this year's server... that's what it's all about!!!

    18. Re:Linus is wrong by kosmosik · · Score: 0, Troll

      > This is a twisted and difficult issue.

      And a bit irrevelant. I would like to see explained how The New GPL Thing will deal with real problems like software patenst. Not futuristic paranoia of ALL HARDWARE BEING BORG AND CLOSED. Since the latter won't happen soon. I am a bit pragmatic. :)

      > On the one hand, the whole point of open source is that you can change it and then run your
      > changed version.

      But obviously you cannot run it on anythig - you need a compatible piece of standard hardware. Am I right here?

      > That shouldn't be suddenly untrue at the arbitrary border between
      > hardware and software.

      There is no border. Software is abstract from hardware. With few layers of it. I can run the same software (code base) on different hardware, that is nice.

      > Hardware that uses approved versions of open source while actively
      > preventing my version from running violates the spirit of the thing.

      So don't buy this hardware. It serves no purpose to you.

      > On the other hand, most of us have spent the last decade saying
      > that its OK to use both open source and closed source software
      > on the same machine.

      Well - why not? :) But it was not RMS certainly. ;)

      > No one argues, for example, that you can't run GCC on top of
      > a closed-source unix kernel

      RMS does.

      > even though it requires that kernel in order to run. Nor does
      > anyone argue that the processor and other chips used by the
      > kernel must be an open, free design.

      You cannot leverage Open Source concept to hardware - hardware is something phisical that needs to be manufactured/assembled - it is not only the design/concept/bits. It is actual meat.

      With this in mind you cannot use software license for hardware - it has no point. Hardware is totally different from software.

      > The real problem, I think, is that RMS (via the FSF) is trying to force
      > it down our throats as usual.

      Yeah - I fully agree. That is exactly the problem. But I would not call it "force" since he cannot do that. I would call it that he will do anything to make it happen - and I find it stupid since he is fighting against (IMHO) minor theoretical problems instead of focusing on real problems like copyright fragmentation. If code has like 1000 developers and it is GPLed you have certain trouble to defend it in court. There are general problems with respecting GPL license. There are patents and so on.

      But RMS instead of focusing real problems focuses on fixing future unreal problems - it is like he is fighting with wind-mills.

      > He's a strange bird in that he really gets the freedom issue at one level
      > while it flies totally over his head at another.

      I think he is mentally sick.

    19. Re:Linus is wrong by morcego · · Score: 1
      Netgear WRT54G series

      That would be Linksys, not Netgear.
      --
      morcego
    20. Re:Linus is wrong by Anonymous Coward · · Score: 0


      What is it that they want to do with MY code that the GPL3 would be so bad for, and why can't they explain how it would be so bad? (Well, if it *is* Linux, then he's got a lot of credibility, but I still want an answer.)


      Simple. They want to include your GPL3 code in their GPL2 project. But they won't be able to without switching licenses themselves.

      GPL3 is about forking the open source comunity into 2 incompatible camps. RMS is trying to isolate Linux so that everyone will have to switch to Hurd. (yes, I know, but the drugs will do that to you)

    21. Re:Linus is wrong by DamnStupidElf · · Score: 1

      I think that RMS is also watching what IBM does with trusted computing. Don't forget that IBM is probably the largest company that makes money from Linux, and definitely the largest company that also supports DRM and trusted computing. As far as I can tell, RMS wants to make sure IBM (or anyone else) doesn't effectively close Linux by releasing a precompiled distro that is the only one accepted by their trusted computing chips. Of course, IBM has now dumped its consumer PC business on Lenovo, but I doubt that they have dropped their trusted computing initiative.

    22. Re:Linus is wrong by aichpvee · · Score: 3, Interesting

      WRT54G is Linksys. They made the switch because people were upgrading their 50$ wireless routers to have all the features of 200$+ routers and Linksys was losing sales on the higher end stuff because the 50$ router and a free firmware upgrade got them the same features at a fraction of the price.

      The decrease in ROM size was either because the non-Linux firmware didn't require as much, Linksys was trying to make sure that the router stayed crippled as much as possible when people hacked Linux back onto it (which they have), or a combination of both (which is most likely) I don't really know.

      The switch wasn't to save money on the WRT54G to keep the price down or profits up, it was to protect their higher end router offerings.

      --
      The Farewell Tour II
    23. Re:Linus is wrong by CastrTroy · · Score: 1

      I think this is the problem. One of the major points of open source is that you can fix it yourself, or pay someone else to, when the original coders either decide to stop supporting it, or go out of business. If they block you in hardware from actually running that fixed code, then you might as well be running closed source. This is especially true for specialized hardware like routers. If you're just using regular PC's because you can get the hardware anywhere, so it's not such a big deal. It's all great to say here's the code, go make your own changes, but that's kind of useless when you have no hardware to run it on.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    24. Re:Linus is wrong by ckaminski · · Score: 1

      Recall, it isn't Linksys but Cisco making these changes.

    25. Re:Linus is wrong by aichpvee · · Score: 2, Informative

      Yeah, I forgot about that. The changes did come after Cisco bought Linksys and it was the higher-end Cisco stuff that they were protecting.

      --
      The Farewell Tour II
    26. Re:Linus is wrong by dbIII · · Score: 2, Insightful
      He's a strange bird in that he really gets the freedom issue at one level while it flies totally over his head at another.
      He gets it - it's just thing english language dictionary definition of the word "free" he doesn't like so he has his own definition. Go back over some of his interviews (or just one - he used to bring any topic around to the same points he wanted to get across) and it will become clear. The silly stunts with ID badges and throwing away petitions to get attention or renaming other peoples projects to get attention for his own projects should be ignored in favour of what the text of the GPL says - and ultimately it is up to the drafter to convince us that it is better.

      . Treating him like a hero is pointless - taking the ideas on their merits is not.

      The people who put the code together have to be convinced to use the licence - RMS has to remember that they have the right to use the most draconian licence they like if it is original work. The GPL is used becuase it is to the advantage of a lot of people including the authors. A GPL that is about imposing extra restrictions and penalties on the authors is pointless and won't be used without some kind of political games and bullying. "Because RMS said so and he's a goddam American hero and has the numbers" is no reason, "because RMS convinced me it is a good idea" is.

      Personally I don't think the GPL is the place to be agitating for changes in stupid domestic policies on computer usage - you have a representative government over there, talk to people in it. If it goes through the rest of us will just buy the same hardware from China and use the unlock codes - the same thing people in the USA could do only it will be illegal under some braindead anti-competitive (and thus ironicly anti-capitalistic) laws.

    27. Re:Linus is wrong by Grishnakh · · Score: 1

      HP doesn't, to me, have a strong reputation as a member of the community. (I know some feel that it does. Perhaps parts of it do, but the company as a whole definitely doesn't.)

      As far as I'm concerned, HP's reputation is in the toilet, and will stay there until they publicly apologize for hiring Carly and admit that that was a terrible mistake.

    28. Re:Linus is wrong by babbling · · Score: 1

      I disagree with him on this one, too. From his explanation, I can see that he clearly understands this, but we have a difference in opinion about what companies should be allowed to do.

      What is the point of having the source code if there are restrictions purposely put in place to prevent you from using it? Furthermore, what if they use my code, and I buy one of these devices? All of a sudden I can't modify the code running on a device that I own, despite the fact that I wrote the code that's already running on it?! Screw that!

      I wish GPLv3 would come out NOW so that I could put code that I'm currently writing under it. I understand that they can't rush it, though.

    29. Re:Linus is wrong by kz45 · · Score: 1

      Yeah. People should be free to run and distribute closed-source apps.

      Just like North Korea should be free to torture its people and restrict the rights of their citizens.


      it's this kind evangilism that will always keep OSS out of the mainstream public.

    30. Re:Linus is wrong by Anonymous Coward · · Score: 0

      Does the Linux kernel include source code from gcc or glibc? Somehow, I doubt it.

    31. Re:Linus is wrong by Spazmania · · Score: 1

      >> No one argues, for example, that you can't run GCC on top of
      >> a closed-source unix kernel
      >
      >RMS does.

      Since when? He certainly didn't argue it in the early '90s when GCC's principal users ran it on Sun workstations.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    32. Re:Linus is wrong by Spazmania · · Score: 1

      Then he's looking at the wrong threat. He should be paying attention to Novell and Red Hat. They're packaging closed source run-time loadable kernel modules with the OS.

      I'll use Novell as my example. If you want to run Netware, you need some kernel modules. The kernel modules are closed source compiled against the specific Linux kernel they provide. If you compile a new kernel, they don't link. You can run your own kernel, but the netware components won't work with it. Consequently, you're locked into Novell's Linux kernel by your need to run the Netware software that you bought SuSE linux for in the first place.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    33. Re:Linus is wrong by Spazmania · · Score: 1

      The memcpy function is available and used extensively in the kernel, one among a great many from libc. For obvious reasons it can't be dynamically included at runtime. Where do you think it comes from?

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    34. Re:Linus is wrong by someone300 · · Score: 1

      It is indeed a problem, but have you tried using a kernel of the same version/.config (4k vs 8k stacks etc) but just force loading the module? *Usually* distro-specific patches don't change the ABI so you might be able to just load it if you it to ignore the magic.

    35. Re:Linus is wrong by Anonymous Coward · · Score: 0

      The failsafe should be extremely simple, and GPL or not, it should be in true ROM (read only memory) that has no write capabilities. Thats why it is there in the first place. It is solid as a rock and helps you fix the less solid but more flexible flash "rom". The GPLv3 does not disallow ROM afaik.

      BTW, typically DRM starts with software in ROM that can't be overwritten, that checks the signatures of what it will execute next. In this case, the fact that you are physically at the device to update it is sufficient. So all is well.

    36. Re:Linus is wrong by Klinky · · Score: 1

      Can't you still by the firmware upgradable WRT54GL? Isn't it only like $5 - $10 more than the WRT54G?

    37. Re:Linus is wrong by Rich0 · · Score: 1

      This would only be a problem if some newer version of glibc under GPLv3 comes up with some super-fancy implementation of memcpy and the kernel wants to use it. In that case they could not copy the code (though they could clean-room reimplement it).

      They could continue to use the old GPLv2 version as long as they wanted to...

    38. Re:Linus is wrong by noidentity · · Score: 1

      "I think I'd put the DRM stuff in GPL3 as an optional component and see what happens. Let us authors decide whether we want it. If it works for us, it can be made permanant in GPLv4."

      It is an optional component; if you want the GPL without DRM clauses, license your code under GPL version 2. The FSF is not forcing anyone to use GPL version 3.

    39. Re:Linus is wrong by civilizedINTENSITY · · Score: 1

      If I can upgrade the software (firmware) with free software to make a $50 router act like a $200 router, then we aren't talking about "top of the line" vs "low end" in any real, practical terms. People who try to cheat the market deserve the market to take a bite out of them. Whatever happened to earning rewards based on value?

    40. Re:Linus is wrong by Spazmania · · Score: 1

      And this doesn't strike you as a messy situation?

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    41. Re:Linus is wrong by Spazmania · · Score: 2, Informative

      The FSF is not forcing anyone to use GPL version 3.

      That's not entirely accurate. Once glibc is licensed under "GPL Version 3 or later" nothing licensed under only GPL version 2 can be distributed as a binary staticly linked with glibc.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    42. Re:Linus is wrong by wtarreau · · Score: 1

      I don't think manufacturers have any business preventing me from running my own code on hardware I purchased

      It's now necessarily you they prevent from running your code on the hardware you purchased. In the appliances world, they try to prevent others from running their software on the hardware you paid for. Signing the software is the only solution against rootkits and such things. I agree with you that the purchaser needs to be able to replace everything if he wants, but we must find a solution for him to be alerted if the content changes. That is the real problem that appliance companies are facing. If a manufacturer of wifi routers uses linux, and those routers finally get su much intruded and modified that it results in millions of zombies around the world, spammers will not attack windows anymore. Even worse for mobile phones !

      The purchaser must be able to disable protection (eg: remove a jumper in the box), but remote attackers should be prevented from doing so without the owner knowing it.

      Software support is another aspect that can be solved quite easily by checking software signatures when the phone rings.

      Please stop thinking that the software world is on your PC. Embedded systems are everywhere. Your mobile phone might already be running Linux, and while you might find it funny to install bash on it, you might not find funny at all that someone else installs a packet duplicator to sniff all your conversations.

      That's why it is important to provide means to the hardware manufacturer to block modifications, while leaving access to the real owner.

      Willy

    43. Re:Linus is wrong by noidentity · · Score: 1

      I guess I missed the part where the FSF forced people to use glibc and statically link to it, thus forcing use of the GPL version 3.

    44. Re:Linus is wrong by HiThere · · Score: 1

      But why should this matter? Seriously, most projects choose a license that they find suitable and use it. I.e., the entire project uses it. What do they want to do that makes the GPL3 unsuitable? If I knew that I might approve, or not. So far I haven't heard any good reasons for objecting to GPL3 except "we can't convert our code". I accept that as a valid reason, but the main project that has that choice in it's license is the Linux kernel and that's going to STAY GPL2 no matter WHAT the GPL3 license is. No choice.

      So, why is the GPL2 suitable, but the GPL3 not? The main reasons I've seen suggested are rather disreputable, and the sort that anyone would be ashamed to admit about ones intentions. I suspect that's why I don't hear detailed objections (except, again, from HP), but this is a guess. However it's a guess that causes me to look with a jaundiced eye at those who are objecting incoherently.

      I'll need to look over HPs objections a bit before I decide whether or not they are vaild from my perspective. My first impression is that they aren't. If someone points out how HP has been a good member of the community, then I'll consider their goals & desires are more worthy of consideration. My impression of them has been as a sponge and a net drag, but I could be wrong. OTOH, support that says "first install windows" doesn't get my vote for anything positive. At all. Support for a PRINTER problem. A TCP/IP connected printer! (Fortunately I had a Mac I could throw on the network, but I was not and am not pleased.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    45. Re:Linus is wrong by Spazmania · · Score: 1

      Yeah, and I missed the connection between living in the city and being forced to breath polluted city air. Don't be dense.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    46. Re:Linus is wrong by mcrbids · · Score: 1

      Actually, the Linux kernel project DON'T have a choice. It is and will be GPL2. To switch to GPL3 would require getting the agreement of a very large number of people, living and dead...or just totally out of contact. This isn't going to happen.

      But that's just not true.

      See, the GPL would, on the surface, require that everybody who has contributed to the kernel to ok the license change. And, if any one of those contributors died, that would seem to be impossible.

      But there are other ways under most laws. Most areas establish various publishers (EG: Newspapers) as "publishers of record". These are newspapers that reach a sufficicient percentage of the population that advertisements and the like in such are considered to be a matter of "public record".

      This is a big deal.

      When a newspaper or similar is a "publisher of record" then they are able to sell advertisements that are legally binding, such as notices of suit.

      If you wanted to sue an individual known to live in an area, but you aren't sure where, you merely have to publish notice of suit in a "publisher of record" for that area.

      If nobody shows at the court date, well, you've won, and nobody can say otherwise, because you published the date in a publisher of record within the jurisdiction involved.

      To change the license, the current maintainers merely need to publish their intentions in a "publisher of record" for the scope involved (the world) and satisfactorially handle all negative feedback. AFAIK, this simply means that they publish their intentions for license change for a "reasonable period of time" on their website, and then make the change. (IANAL, etc) When they do, they change the license by default.

      They may have to pick a publication (such as the NY Times) with a significant global readership. Whatever - the lawyers can decide. But it's still entirely possible.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    47. Re:Linus is wrong by Znork · · Score: 1

      "Let us authors decide whether we want it."

      Us authors already did decide what we wanted when we put the source under the GPL and future revisions. The updates fix loopholes in the existing license, created by changing technology, they dont really add anything new.

      When I put stuff under the GPL, I do so with the clear intent that anyone can use, change and distribute the code, provided they forward the exact same rights and freedoms or more to the next recipient. If they have a way to get around that reciprocity, then that's a bug in the license I expect to get fixed.

      "He's a strange bird"

      He is indeed a strange bird, but if anything, he's consistent. Pigs will fly before RMS and the FSF changes, which is the entire reason I accept the 'or further revisions' part of the GPL.

    48. Re:Linus is wrong by Anonymous Coward · · Score: 0
      But RMS instead of focusing real problems focuses on fixing future unreal problems - it is like he is fighting with wind-mills.
      Or maybe he just sees further then you.
    49. Re:Linus is wrong by arose · · Score: 1

      The GPLv3 does not prevent this.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    50. Re:Linus is wrong by Spazmania · · Score: 1

      They may have to pick a publication (such as the NY Times) with a significant global readership. Whatever - the lawyers can decide. But it's still entirely possible.

      Okay, that takes care of the people who don't respond. Now you have to deal with all the people (like Linus) who respond and object to the license change.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    51. Re:Linus is wrong by turbidostato · · Score: 1

      And now, GPLv3 hopes to return sanity to marketplace.

      That's OK on my book.

    52. Re:Linus is wrong by turbidostato · · Score: 2, Informative

      "The real problem, I think, is that RMS (via the FSF) is trying to force it down our throats as usual."

      Oh, well... I didn't know RMS (or the FSF or the SPI for that matter) were pushing governments so only choice to license the software you wrote was the GPLv3. It's good to know, thanks! ...or is it that RMS it trying to offer a well thought license so you can -IF YOU WANT TO, avoid the software you write to be involved in some situations you really didn't want to?

      For the hardware manufacturers: they can ALWAYS use non-GPLv3 based software, don't they?
      For the software developers: they can ALWAYS develop software and distribute it under a non-GPLv3 software, don't they?

      So what's exactly what RMS is trying to force down our throats?

    53. Re:Linus is wrong by Anonymous Coward · · Score: 0
      Your mobile phone might already be running Linux, and while you might find it funny to install bash on it, you might not find funny at all that someone else installs a packet duplicator to sniff all your conversations.

      I do not own a mobile phone, if I was to purchase such a thing I probably would want to compile zsh bash and mutt. My experience with embeded devices is that manufacturers are _more_ likely to ship insecure software and configurations than I'd have built myself. A TPM does _nothing_ to protect against this yet makes it impossible for the user to fix, that's why GPL3 wants manufacturers to distribute signing keys.

    54. Re:Linus is wrong by YU+Nicks+NE+Way · · Score: 1

      Actaully, Moglin, in particular, has made comments about how Linux would be automatically relicencsed and the like. The FSF is trying very hard to enforce its will on Linus, against his will.

      Me, I think that shows a really interesting use of the word "freedom". "All software is free, but Gnu's is more freer than others", or something like that.

    55. Re:Linus is wrong by X.25 · · Score: 1

      Then they should be like the D-Link routers and have an emergency ROM that lets you reinstall the firmware even if the router is bricked. Smart idea they have.

      I'd rather have user NOT be able to brick the router uploading silly stuff, than having extra cost for router because of 'additional features'.

      I am dead tired of receiving 'broken access points', which got broken because users uploaded custom-made firmware. I'd MUCH prefer to have device which you can't modify, thus saving dozens of hours in support costs.

    56. Re:Linus is wrong by mrchaotica · · Score: 1
      OTOH, support that says "first install windows" doesn't get my vote for anything positive. At all. Support for a PRINTER problem. A TCP/IP connected printer! (Fortunately I had a Mac I could throw on the network, but I was not and am not pleased.)

      I have two suggestions for you:

      1. Learn the art of turboing, and
      2. Buy a different brand of printer next time.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    57. Re:Linus is wrong by mrchaotica · · Score: 1

      You change what code you can to be "GPL v.2 or later" using the method the grandparent post described, and then re-write everything else.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    58. Re:Linus is wrong by Spazmania · · Score: 1

      Or you fork glibc and anything else the kernel depends on from the last GPL2 version and the FSF rapidly loses its importance. One of these approaches is significantly easier than the other. How do you think the problem will be resolved?

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    59. Re:Linus is wrong by mrchaotica · · Score: 1
      He gets it - it's just thing english language dictionary definition of the word "free" he doesn't like so he has his own definition.

      I don't think he does. "Free" means having the freedom to modify and use* the software in any way you see fit.

      If you don't have the source code, or don't have permission to modify and distribute the source code, it's not freedom. This, Linus apparently understands, which is why Linux uses the GPL.

      But even if you do have the source code and permission to modify and distribute it, but your hardware refuses to run the modified version, it's still not freedom. This, Linus apparently doesn't understand, which is why there's this huge debate.

      A GPL that is about imposing extra restrictions and penalties on the authors is pointless

      What does this have to do with anything? The GPL v.3 doesn't do this! All it does is prevent stuff like TiVo from abusing the intent of the license in the way I stated above. (Well, that and prevent people running software as a "web service" from abusing the intent by not allowing the users of the service to access and modify the code they're using, anyway.)

      *"use" does not include restricting other people's use of the software (e.g. by including it embedded in a device that refuses to run modified versions).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    60. Re:Linus is wrong by mrchaotica · · Score: 1

      Nevertheless, it's not the Free Software Foundation's fault that Linus chose to rely on its software. Linus could have chosen some other libc to link the kernel with (just as the person in your example could have chosen to live somewhere other than in the city).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    61. Re:Linus is wrong by mrchaotica · · Score: 1
      I agree with you that the purchaser needs to be able to replace everything if he wants, but we must find a solution for him to be alerted if the content changes. That is the real problem that appliance companies are facing.

      Well, you see, the answer is that the appliance companies can go screw themselves because the GPL was created for the benefit of the user, not the writer of the software or the manufacturer of the hardware! The right of the purchaser to replace everything if he wants is the only right that matters.

      If Linus wanted to write code for the benefit of the appliance companies, he should have used the BSD license instead to begin with!

      The purchaser must be able to disable protection (eg: remove a jumper in the box), but remote attackers should be prevented from doing so without the owner knowing it.

      The GPL v.3 does not prevent this. All it requires is writing the encryption key on something and shipping it with the hardware. Hell, for routers, you could just print it on the sticker next to the MAC address!

      The only relevant* thing the GPL v.3 will prevent is locking the hardware away from the user, as TiVo does.

      *it will have similar provisions regarding web services, but that's not what Linus cares about.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    62. Re:Linus is wrong by labratuk · · Score: 1
      The real problem, I think, is that RMS (via the FSF) is trying to force it down our throats as usual. He's a strange bird in that he really gets the freedom issue at one level while it flies totally over his head at another.

      What do you mean? He's not taking away the freedom to choose not to use the GPL 3.0.
      --
      Malike Bamiyi wanted my assistance.
    63. Re:Linus is wrong by Jonner · · Score: 1
      Linus could have chosen some other libc to link the kernel with (just as the person in your example could have chosen to live somewhere other than in the city).

      I hate to rain on your parade, but Linux doesn't link with Glibc or any other libc; it's self-contained. People also regularly run Linux systems with other libcs on top, such as diet libc and uClibc. What is absolutely required to build Linux, AFAIK, is the GNU toolchain, including GCC and binutils. Howver, I'm quite certain that there's no way Linux could be considered a derivative work of any of the GNU tools, so their licenses don't have to be compatible.
    64. Re:Linus is wrong by Brandybuck · · Score: 1

      The real problem, I think, is that RMS (via the FSF) is trying to force it down our throats as usual. He's a strange bird in that he really gets the freedom issue at one level while it flies totally over his head at another.

      RMS's problem is that he defines "free" in terms of legalistic rules, regulations and restrictions, when in fact "free" is defined (in any language) as an absence of rules, regulations and restriction. He has given the GPL a level of legalism that would make the Pharisee's proud.

      --
      Don't blame me, I didn't vote for either of them!
    65. Re:Linus is wrong by aichpvee · · Score: 1

      I didn't read the article, and don't really care much about GPLv3, so what exactly is in either that would stop a company from purchasing another company and then nerfing their excellent, low-end hardware to protect the buying company's high-end offerings?

      --
      The Farewell Tour II
    66. Re:Linus is wrong by mrchaotica · · Score: 1

      It's not my parade; it was somebody else earlier in the thread that claimed Linux linked with glibc. I was just pointing out the fallacy of Spazmania's argument.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    67. Re:Linus is wrong by Rich0 · · Score: 1

      Of course it is - but that is what Linus gets for not keeping his licensing flexible. The FSF requires assignment of copyright and the "or a later version" wording precisely so that the license can be adapted as needed.

      The FSF shouldn't have to set themselves in stone because a few big third parties became dependant on their code without taking proper legal precautions...

    68. Re:Linus is wrong by dbIII · · Score: 1
      but your hardware refuses to run the modified version, it's still not freedom. This, Linus apparently doesn't understand, which is why there's this huge debate.
      Read what he wrote and you will understand that you do not want to be able to run every binary in every situation without a way to be sure it only comes from a certain source. It's ideology without technical considerations VS someone who has thought about the implications.

      Consider the highly relevant point of view of RMS and look up his attitude on passwords (he thinks anyone should be able to get onto systems) and nametags (not just RFID ones - he's been going on about it for years) - he is consistant about his view on freedom but I for one do not want my systems to be completely free and let any random person in, so I disagree with RMS. Prohibiting signed binaries is exactly like passwords or physical building security in its application - I am not bashing the man just pointing out where the ideology lies and why I disagree with it. I don't think all access to connected system should be free and RMS does - he is no idiot so perhaps he things restricted systems should not have a public way in at all and conventions should have an open guest list.

      There are currently a few embedded systems out there where the manufacturers will give you the source code as per the GPL but you can't update the binaries yourself without the key. If they have to comply with a new GPL by releasing this to all they will need a hardware lock to potentially stop some random guy on the internet rewriting the thing and owning your router - this is of course a extra restriction on the authors not noticed above, the makers of the equipment obviously made some changes or wrote some new stuff. I also really don't see why the FSF should be going on a political drive to stop TiVo etc using things developed by others (not the FSF) from making money from open software. It is entirely up to the developer to choose whatever licence they wish and it is up to the FSF to convince Linus or whoever that the new licence has an advantage, however some political zealots have taken a bullying approach and insisted others have to use it to stop freeloaders even though GPL v.3 isn't even finalised!

    69. Re:Linus is wrong by Jonner · · Score: 1

      Well, ya coulda fooled me.

    70. Re:Linus is wrong by mrchaotica · · Score: 1
      Read what he wrote and you will understand that you do not want to be able to run every binary in every situation without a way to be sure it only comes from a certain source.

      The GPL v.3 does not prevent this! First of all, this can be done without Treacherous Computing at all -- we already have PGP etc. Second, the GPL doesn't disallow letting the hardware verify the origin of binaries; it only disallows using that ability to refuse to run everything that's not from a certain source.

      Prohibiting signed binaries...

      The GPL v.3 does not do this! Companies can sign their binaries all they want; the hardware just has to allow the use of unsigned binaries if the user desires it.

      If they have to comply with a new GPL by releasing this to all they will need a hardware lock to potentially stop some random guy on the internet rewriting the thing and owning your router - this is of course a extra restriction on the authors not noticed above.

      What, and we should allow device makers to get away with violating the GPL due to a loophole because we don't want to inconvenience them by making them put in an extra jumper or something?!

      I also really don't see why the FSF should be going on a political drive to stop TiVo etc

      Are you kidding?! The GPL has been political from the start, and this does not make it any more so! If you're going to say that, then why not also say you don't see why they should be stopping Microsoft etc. from embedding GPL code in their software either?

      Getting organizations to release products that the user has full control over has always been the point of the GPL; version 3 does not change anything!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    71. Re:Linus is wrong by xcham · · Score: 1

      Nothing is stopping you from continuing to use the GPL2. Or using another license. Or writing your own bloody license. Nobody's *forcing* you to do anything.

      --
      When life gives you lemons, you CLONE those lemons, and make SUPER-LEMONS. -- Dr. Cinnamon Scudworth, Ph.D
    72. Re:Linus is wrong by dbIII · · Score: 1
      First of all, this can be done without Treacherous Computing
      Nice emotive term there - calm down and try to stick to the issue and keep treason out of it. Also remember that these device makers are NOT violating the GPL at all unless these proposed restrictions come in.

      If you're going to say that, then why not also say you don't see why they should be stopping Microsoft etc. from embedding GPL code in their software either?
      Calm down and consider that Microsoft in the past have already sold products to devlopers which contained such things as gcc - and there was nothing at all wrong with it becuase they complied with the licence. The GPL as it currently stands is not about forcing a penalty on those that make money from software - it is about making the source code of the software available.

      Please go back and with a calm mind read the criticism of the DRAFT version of this licence and likely complications of applying it as it currently stands. The practical problems remain - and computer security is a relevant issue here. I like authentication even if RMS takes a wide application of "free" computing including not locking people out of systems by requiring passwords. Reread what you have written above and consider the total uselessness of an authentication system that can check the source of something and then do absolutely nothing with the information. I really do not want a script kiddie to own my router as a side effect of a licence hack intended to counter some stupid US IP laws. This proposed licence change is a kick in the teeth for people that are giving us the source code of stuff like uClinux but obviously don't let just anyone remotely flash the firmware of their routers from any source on the net without any sort of authentication. This licence change will only hurt the people who are already using the GPL. It is the stupidity of the emacs fork all over again over someone that dared to make money from GPL software even if they contributed a huge amount back (and let everyone get the current source code).

    73. Re:Linus is wrong by grim4593 · · Score: 1
      Usually it HAS to be upgradeable because the firmware that is shipped has bugs in it that need to be dealt with. I had to update my DI-524 because it was dropping my connection all the time and the channel changing feature was bugged. If it was non-updatable I would be stuck with a crippled router and a very un-pleased attitude.

      And if the companies are not using the full potential of their hardware, users should be able to go in and install software that can. For example it was found that a DI-524 rev-C could be updated to become a DI-624, which is faster and has support for an aditional protocols.

    74. Re:Linus is wrong by Eivind · · Score: 1
      Yes, but will GPLv3 allow you to have an emergency, fail-safe ROM, without providing a way for the FNG (that's me) to b0rk it?

      Simple: Yes.

      The GPL (any version!) contains no provision whatsoever that prevents the storage of GPLed binaries on read-only media.

      (hint: "ROM" is short for what ?)

  3. Emphasis on "purporting to be" by RLiegh · · Score: 1

    Here at slashdot, we've had our own share of faux celebrities drop by...

    1. Re:Emphasis on "purporting to be" by timster · · Score: 3, Insightful

      I'm going to go out on a limb here and say that anyone who reads what Linus posts to linux-kernel will agree that the style of writing and thought in these Groklaw posts is his. So either it is indeed Linus or a very good replica.

      --
      I have seen the future, and it is inconvenient.
    2. Re:Emphasis on "purporting to be" by MathFox · · Score: 1

      Even the Groklaw staff is unable to confirm that this Anonymous user signing his posts with Linus is Mr. Torvalds.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    3. Re:Emphasis on "purporting to be" by p!ssa · · Score: 1

      but netcraft confirms it, so it _HAS_ to be true

    4. Re:Emphasis on "purporting to be" by jschrod · · Score: 1
      --

      Joachim

      People don't write Manifestos any more -- what's going on in this world? [Frank Zappa]

  4. Of Course That's the Point by BlackGriffen · · Score: 4, Insightful

    It's fine to have the hardware validate the software, I don't think anyone can rationally argue against that. What's not fine is to have the hardware refuse to run the software at all. If the user is conscious that the software is modified and therefor unsupported, then the user should have the ability to run any software he chooses.

    So, have a cryptographic check alongside a message or error light or something about running in unsupported mode, but don't completely cripple the hardware just because you want to avoid support headaches.

    1. Re:Of Course That's the Point by HairyCanary · · Score: 4, Insightful

      You are failing to see this from the point of view of the manufacturer. What you have proposed simply gives you a way to run unsupported software. Where does it actually help the manufacturer? They are still going to get the calls, error light or not. Only now, in addition to providing support, they have to explain why they will not support a particular version of the code.

    2. Re:Of Course That's the Point by Anonymous Coward · · Score: 0, Troll

      Yeah, what if in the future hardware is: "Designed for Windows Vista... AND ONLY WINDOWS VISTA, YOU COCK-SMOKING TEABAGGERS!"

      It's bad enough finding drivers, it will be much worse if this happens.

      And chance are before too long we'll be seeing things exactly like this.

    3. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      So, have a cryptographic check alongside a message or error light or something about running in unsupported mode, but don't completely cripple the hardware just because you want to avoid support headaches.

      Sorry, that doesn't fly. Support is a major cost for manufacturers, so anything you do to help minimize it's impact is worthwhile to do from the manuf. standpoint. If the hardware is some tape drive or a video card, then it probably isn't a big deal if someone out there tries to run some unsupported software on it. If it's controlling some flight systems or some medical device, then it should be very stringent about the environment that it operates in. The point of the "alleged" Linus is that that decision should be up to the manufacturer, given their market and their product, not based on some politics pushing software license.

    4. Re:Of Course That's the Point by AuMatar · · Score: 4, Insightful

      No, I don't. I have to look at it from the point of view of the owner. If I buy a piece of hardware I damn well have the *right* to run any software I want with it. Now, doing so may void the warranty. But as the owner of the hardware I am allowed to make that choice.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    5. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      If the manufacturer wants to deny the ability to run modified software, they should feel free to write their own.

    6. Re:Of Course That's the Point by Jimmy+King · · Score: 1

      The thing is, when it comes to modifying embedded apps, firmware, etc. anyone who is doing such a thing should, in theory, be knowledgeable enough to understand why what they are doing cannot be supported. It's not Joe Smith, 45 year old plumber who uses a computer once a week at work to enter his timesheet, that is going to be changing the software. Plus, even if it is, anyone who has gotten suckered into phone support and actually has enough knowledge to understand this themselves will probably get fed up with it and have little trouble saying "Sorry, we don't support that. Thanks for calling." and hanging up if it becomes a problem.... or maybe I was just an asshole when I did phone support.

    7. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      You are failing to see the point of view of the manufacturer isn't the reason for OSS' existence. Freedom is the reason. Torvalds is becoming a businessman and his perpsective changing. That's fine, he just can't expect a world change to meet his new notions.

    8. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      Why did this post get marked troll?

      The poster is making a very important point, albeit in a garish way.

    9. Re:Of Course That's the Point by maxwell+demon · · Score: 1
      Only now, in addition to providing support, they have to explain why they will not support a particular version of the code.

      That one's easy: "You have modified the product. The support is only for an unmodified product."
      After all, if someone physically modified the product (e.g. do their own rewiring, maybe adding some extra component), then you wouldn't expect them to still give support for that modified product either.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    10. Re:Of Course That's the Point by timeOday · · Score: 4, Insightful
      Exactly. What if that "hardware" is a PC and that "validated software" is Windows? So much for Linux.

      I don't find this far-fetched in the slightest.

    11. Re:Of Course That's the Point by ClosedSource · · Score: 2, Insightful

      You may have the right to try, but the company that created the hardware "damn well" has the right to use technology to stop you if they want to.

    12. Re:Of Course That's the Point by tdvaughan · · Score: 1

      What I don't seem to be getting is how a software license can have any effect on a hardware distributor/vendor. If they want to lock their hardware onto a particular version of the Linux kernel, how does the GPL3 stop them?

      What if they hire an independent developer to create some anti-freedom code and release it as GPL? Who's breaching the terms of the GPL if they choose to make their hardware run only that code? While I might agree with what RMS is after, the license appears to have such an easy workaround that it may as well be useless.

    13. Re:Of Course That's the Point by radtea · · Score: 4, Interesting

      If it's controlling some flight systems or some medical device, then it should be very stringent about the environment that it operates in

      This is why flight systems and medical devices are maintained by trained engineers who are governed by institutional policies that mandate the software changes that are permitted.

      The only thing that Linus' is defending is manufacturer's right to prevent anyone from ever running anything they don't approve of. I personally want to be able to run anything I want on my hardware (that's what "my" means) and if the manufacturer has to tell a bunch of lame customers who've broken stuff that they don't get no support, I'm sure that the manufacturers won't have any trouble at all doing that.

      I have managed support teams and had to deal personally with irate customers who were trying to run our product on WinME and the like, which was not supported. I had no trouble explaining to them clearly that they were not on a supported platform and they needed to upgrade their OS. It just isn't that hard, and honestly such users are a minisucle fraction of the total support burden.

      Likewise, at this very moment, there is code running on computers in hospitals around the world that is secured only by hospital policy. I'm talking about systems in ORs and imaging suites, most of which...well, you don't want to know about the situtation with regard to passwords on such systems.

      So far as I know, not one single accident has ever occured anywhere due to a user loading alternative code onto such a system. But I do know of cases where researchers have used their freedom to run alternative software to repurpose such system for all kinds of interesting and valuable experimental purposes.

      Linus is proposing to allow hardware manufacturers to use software validation to prevent the owners of such hardware from being free to use it in novel ways.

      There is no risk to the public due from the freedom to run alternate code. There is a very low added support burden from users running alternate code. There is currently a very good mechanism to prevent people from running alternate code in situations where it matters, starting with "voiding the warranty" and moving on up to "opening yourself to a lawsuit". Therefore there is no risk to anyone from hardware owners having the freedom to use their hardware as they see fit, and specious arguments invoking speculative situations with mission-critical hardware simply do not hold water.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    14. Re:Of Course That's the Point by Anonymous Coward · · Score: 5, Insightful

      And the copyright owner of the software has the right to restrict the use of that software on devices which perform that hardware check. What's your point?

    15. Re:Of Course That's the Point by ClosedSource · · Score: 2, Interesting

      Sure but the sun doesn't set at the pleasure of the OSS community. If they want to lock their software out of DRM-based hardware, that's their choice.

      As for Linus changing his perspective, he decided a long time ago not to blindly follow whatever license the FSF might cook up in the future and it looks like it was a wise move.

    16. Re:Of Course That's the Point by skiflyer · · Score: 1

      And now welcome to the real world... no.

      What you say is a fine theory, and for desktop computers great, it fights the good fight.

      But if I'm putting out an embedded device which I know will brick if things are modified in the slightest, why should I loosen things up to allow the customer to hang themselves?

    17. Re:Of Course That's the Point by lazarusdishwasher · · Score: 1

      Why does the software matter at all? Every eula I have read states that the software is not warrented for any pourpose. I also think the GPL had the clause as well. Since the software is not warrented anyway why do manufacturers have to support it?

    18. Re:Of Course That's the Point by Pausanias · · Score: 5, Insightful
      BlackGriffen wrote:
      It's fine to have the hardware validate the software, I don't think anyone can rationally argue against that. What's not fine is to have the hardware refuse to run the software at all. If the user is conscious that the software is modified and therefor unsupported, then the user should have the ability to run any software he chooses. So, have a cryptographic check alongside a message or error light or something about running in unsupported mode, but don't completely cripple the hardware just because you want to avoid support headaches.
      What you say makes sense; however, I don't think the current language of the GPLv3 draft is clear on this point. Here is the relevant passage, emphasis mine:

      The Corresponding Source also includes any encryption or authorization keys necessary to install and/or execute modified versions from source code in the recommended or principal context of use, such that they can implement all the same functionality in the same range of circumstances. (For instance, if the work is a DVD player and can play certain DVDs, it must be possible for modified versions to play those DVDs. If the work communicates with an online service, it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish.)
      It seems that the first phrase in bold allows what you describe: "implement all the same functionality" does not seem to prohibit a pop-up warning that the code is unsigned. However, the second phrase in bold says that modified versions must be indistinguishible from the original source from the point of view of an outside device. This seems to prohibit that same pop-up warning. So, it seems that Moglen & Stallman still have some clarifying work to do.
    19. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      "Sure but the sun doesn't set at the pleasure of the OSS community. If they want to lock their software out of DRM-based hardware, that's their choice."

      Translation: "Sure but the sun doesn't set based on the principles which form the very foundations of the OSS community. If they want to lock their software out of DRM-based hardware diametrically-opposed to the philosophy which defined their reason for existence since Day 1, that's their choice.

      Why yes, yes it is. And they show much more integrity than Torvalds for it.

    20. Re:Of Course That's the Point by iCEBaLM · · Score: 2, Insightful

      Sure but the sun doesn't set at the pleasure of the OSS community. If they want to lock their software out of DRM-based hardware, that's their choice.

      When it comes to software created by the OSS community the sun does set at our pleasure, which is the only software the GPLv3 is going to cover. If they want to lock their software using DRM based hardware they can use THEIR OWN software and not ours.

    21. Re:Of Course That's the Point by Waffle+Iron · · Score: 1
      why should I loosen things up to allow the customer to hang themselves?

      In the case of the GPLv3, it would be because the guy who owns software that you're shipping in your products wants it that way.

    22. Re:Of Course That's the Point by Fallingcow · · Score: 1

      Oh, I don't know, maybe just keep doing exactly what embedded device manufacturers are doing now?

      Seems to be working just fine. Sure, things occasionally get bricked, but only by people who are well aware that they're doing something that might brick their expensive toy, and are willing to take that risk for whatever improvements the non-standard software might give them. It's not something that someone using the device normally is likely to experience, unless the manufacturer themselves writes a bad flash update or something, in which case such a "no unapproved software" check wouldn't help, anyway.

    23. Re:Of Course That's the Point by maxwell+demon · · Score: 1
      What I don't seem to be getting is how a software license can have any effect on a hardware distributor/vendor. If they want to lock their hardware onto a particular version of the Linux kernel, how does the GPL3 stop them?

      Given that the Linux kernel will likely remain GPL2ed, nothing :-)

      But otherwise, the hardware manufacturers will likely deliver their hardware with the software preinstalled. Thus they will distribute the software, and thus if that software is GPL3ed, they will be bound to that license by doing so.

      If they chose not to distribute the software, but have the users install the software themselves, I think they wouldn't be bound by the GPL3 (i.e. they can sell hardware which runs only certain versions of GPL3ed software, but they cannot legally ship it with the software preinstalled). IANAL however, so my understanding of this may well be completely wrong.

      What if they hire an independent developer to create some anti-freedom code and release it as GPL? Who's breaching the terms of the GPL if they choose to make their hardware run only that code?

      Given that the copyright holder doesn't need a license to distribute his code, they wouldn't violate anything. However AFAIU everyone else would violate their copyright by redistributing that code (because the license doesn't permit redistribution of that sort of code). Thus effectively it would have the same effect as applying a restrictive proprietary license to that code, even though at the surface it would look as if the code were free.
      Of course, they would have to make sure that the anti-freedom code doesn't use any existing GPL3ed code they don't own the copyright to, because otherwise they would violate the copyright of the respective copyright owner.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    24. Re:Of Course That's the Point by Angostura · · Score: 1

      It helps the manufacturer in that the manufacturer gets to use the GPL3 code that they would like to use. A little window popping up that says 'Hi We've noticed that you are running non-supplied software on this box, this invalidates your support agreement, click to continue, or cancel to reinstall the original software' seems reasonable.

    25. Re:Of Course That's the Point by NialScorva · · Score: 1

      And when the copyright owner does this, he's making a political decision, not a technical one. Linus's whole point is that the GPL 3 dictates technical details of projects that use it, where V2 didn't.

    26. Re:Of Course That's the Point by skiflyer · · Score: 1

      I completely agree with you... I support the right for the license to read however the authors want.

      I just also agree with the story's summary that that's perhaps not a great route to take for such a widely used license. And I guess the other thing for me is the intent... I'm assuming here, but it sounds to me like the intent of the clause is that they don't want their software to be used to create hardware systems which limit the owner's ability to install whatever software they so choose... and in my opinion that should be left to the hardware developers to decide, and the market to choose a hardware maker which complies with it.

      Basically this seems to me like "we have enough marketshare and people using Linux in embedded devices that we can now start to twist their arms to otherwise further our political goals"... sound familar anyone?

    27. Re:Of Course That's the Point by LWATCDR · · Score: 1

      Yea but Joe Smiths buddy/friend give him a new WiFi router with a custom version of the firmware. It has issues and he call support. The blinking red light is on if he even notices it and the support tech says I can not help because YOU hacked it.
      He of course says he didn't and it goes from there.
      Or said firmware is hacked over then net. Someone finds an exploit and turns it into a spam relay.
      I am not even saying that this is a good idea but your solution is a solution.
      And yes you where not a good support tech.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    28. Re:Of Course That's the Point by GigsVT · · Score: 5, Informative

      Linus's whole point is that the GPL 3 dictates technical details of projects that use it, where V2 didn't.

      GPLv2 dictated technical details that affected the next user's right to modify the software. For example, you couldn't link a modified GPL program with a closed source library, since that would hamper the ability to modify the software.

      The spirit of the GPL has not changed. The "political goal" is to ensure that all downsteam users that wind up using GPL software have the same rights to modify and distribute the software that earlier users had. That has not changed. It's only closing a loophole that some companies can use to take away those rights without violating the letter of the GPL.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    29. Re:Of Course That's the Point by tinkerghost · · Score: 2, Interesting
      Plus, even if it is, anyone who has gotten suckered into phone support and actually has enough knowledge to understand this themselves will probably get fed up with it and have little trouble saying "Sorry, we don't support that. Thanks for calling." and hanging up if it becomes a problem.... or maybe I was just an asshole when I did phone support.
      Obviously you were the asshole who took the call before I did & passed the previously frustrated and now angry customer on to me.
      Seriously, in today's call center you are not allowed to hang up on customers. Never, no matter how much they abuse you, no matter how stupid they are. I've worked in 2 & know people in 3 others. The customer just calls back, yells for a supervisor & you get reamed for hanging up on them, even after recordings show they used every curse known to western civilization and a few new ones. I once got yelled at for hanging up on a customer who had just issued a death threat.
      As for the not working with other software, it comes down to DRM - to stay inside the DRM lines, you have to be able to engage in some level of 'Trusted Computing'. If I can't trust your new app not to violate the rules I need in place to satisfy my content supplier, I can't run your new app.
      I have to agree that trying to impose the GPLv3 onto hardware mfgs isn't smart. Like it or not some levels of 'trusted computing' will be needed or desired in the future - especially by governments and big businesses, and saying that it's unacceptable is only going to kill FOSS in those areas.
    30. Re:Of Course That's the Point by ClosedSource · · Score: 1

      Gee, and I thought their purpose had something to do with writing good software, but I guess it's just about politics after all.

    31. Re:Of Course That's the Point by Ereth · · Score: 1

      No, you miss the point that allowing you to run whatever software you want on their box opens TiVo up to lawsuits from the MPAA, the RIAA and everybody else who thinks you might possibly be stealing their intellectual property.

      As a company I can certainly understand why TiVo doesn't want people running software that will get them sued on their boxes. (Whether it's rational for the MPAA to sue TiVo over something you did with their box against their wishes is another story. It's reality that they WILL, even if you and I agree that it's idiotic that they would).

    32. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      "WARNING: This computer will release nerve gas to the atmosphere if booted to a non-Vista operating system or opened."

    33. Re:Of Course That's the Point by GigsVT · · Score: 3, Informative

      There's no arm twisting. No one is forced to use GPLed software. No GPL software developer is forced to use GPLv3. If embedded manufacturers would like to continue using only GPLv2 software, they are free to do so.

      If GPL software developers would like to prevent manufacturers from taking away the rights of users to modify and redistribute the software, they they should use GPLv3. I suspect many will. Some won't. Notably, Linux will never be GPLv3, it can't be even if Linus wanted it to be. There's too much GPLv2 only code in it.

      Linus shouldn't act like something has changed. The core value of the GPL has always been that you must not restrict the rights of the people you distribute GPL software to.

      It's part of the reason BSD is a fractured mess that nearly no one uses, and Linux is so huge. With GPL you aren't going to be competing against heavily forked proprietary versions that blow the open source version out of the water (see pspice/cadence if you need an example). If Linux had been under a license that allowed forks that users can't modify or redistribute, it would be no better than the BSD license.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    34. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      The GPL has always done this... it's right there in the license.

      What's changed is that now Linus is employed by IBM/HP etc and they provide a large group of lawyers to shield him from the SCOs of the world and their bank-account draining law suits. IBM/HP etc have major hard-ons for Trusted Computing -- in which they crypto-signed a kernel and the hardware doesn't trust anything not properly signed by IBM/HP etc. It's an especially big deal because the kernel is a critical component in the chain of trust.

      IBM et al don't want this provision applied to the Linux kernel, because it takes away the total control that Trusted Computing hardware gives them over their poor sucker users. They'll fight it tooth and nail... and since they pay Linus' bills and protect him from lawsuits, he mouths their wishes.

    35. Re:Of Course That's the Point by iplayfast · · Score: 2, Insightful

      So any pc manufacturer is also open to lawsuits? Your post makes no sense at all. A TiVo is a computer running propriatary software for a specialized purpose. If you run your own software then TiVo isn't liable for what you do. It would be like sueing car manufactures for road accidents due to alcohol. Not going to happen.

    36. Re:Of Course That's the Point by NetRAVEN5000 · · Score: 1

      That's like saying MS is responsible for someone downloading LimeWire and stealing music. It's not true at all - the person who acually stole the music (or movies for that matter) is responsible. It's not MS or LimeWire's fault that the user is stealing music.

    37. Re:Of Course That's the Point by TrekkieGod · · Score: 2, Interesting
      However, the second phrase in bold says that modified versions must be indistinguishible from the original source from the point of view of an outside device.

      I don't think that's exactly what it says. It's more along the lines of, if I use gpl software for my instant messaging client, I can't make it so that a modified version of said instant messaging client is blocked from logging onto my servers, or treat them differently by deciding that they don't get to use one of my cool features like...saving your friends list on the server or something. Which makes sense. What's the point of being allowed to modify the source code if you can't use your modifications?

      Now, if you run into bugs, and call the company saying, "I can't connect to your servers", they should have the right to say, "we can't help you fix your problem unless you're running an unmodified version." I don't think anything in the gpl v3 is trying to prevent them from doing that.

      --

      Warning: Opinions known to be heavily biased.

    38. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      This has nothing to do with support. There are a tiny number of people modifying the firmware and they don't call a useless tech support number for help.

      This is about ensuring that people can't change software, so that DRM restrictions can be enforced. That's what DRM is all about -- locking data so that it can only be accessed by certain approved applications (code with the correct digital signature). It also has the added effect (or benefit if you happen to be a thieving manufacturer desperate to do an end run around the GPL), of turning formerly Free software into proprietary binaries.

    39. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      If the manufacturer cannot accept the GPL they should not use GPL software. The spirit of GPL has not changed. The details are just more explicit to protect it.

    40. Re:Of Course That's the Point by Jherek+Carnelian · · Score: 3, Insightful

      You may have the right to try, but the company that created the hardware "damn well" has the right to use technology to stop you if they want to.

      Which is EXACTLY why the GPLv3 is necessary.

      GNU all started with a Xerox printer and RMS's need to make it do things (report errors) that Xerox did not think of and did not want him to do.

    41. Re:Of Course That's the Point by WhiteWolf666 · · Score: 3, Interesting

      Seriously, in today's call center you are not allowed to hang up on customers.

      I find this seriously hard to believe. I've been hung up on by several call centers (Comcast, Cingular, CapitalOne, Dell, ahem. . . .) I think there quite seriously are companies which do permit people to hang up on customers.

      I'm not rude, but if I _know_ I'm right on an issue I will be firm, and I will insist on speaking to someone else. I spent 2 hours on the phone with Cingular, discussing a point on my contract, until an administrator finally admitted that I was, indeed, correct, and issued my credit. I don't yell, I don't curse, but I won't accept what they say at face value when I know them to be incorrect. I don't see any reason to give into a big company because they feel they are correct, and on more than one occasion I've documented their errors only to be told by customer service representatives that it didn't matter. At one point, a certain cable company told me they couldn't help me, it didn't matter, I couldn't speak to anyone else, and that because my modem was an older modem (DOCSIS 1.0, 1.1, 2.0 compliant!) it supported a maximum of 1 Mbps. Then I was hung up on.

      I've worked in call centers, so I know how much it sucks to have rude customers, but I'm starting to get the impression that their most definitely are abusive call center managers who do NOT respect their customers or employees, and these people permit employees to hang up on customers who are problematic.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    42. Re:Of Course That's the Point by ClosedSource · · Score: 1

      "Which is EXACTLY why the GPLv3 is necessary."

      OK, so explain how GPLv3 is going to make it possible to circumvent the DRM.

    43. Re:Of Course That's the Point by doormat · · Score: 1

      If I buy a piece of hardware I damn well have the *right* to run any software I want with it.

      You also have the right to not buy a piece of hardware that doesn't do what you want (e.g. run unsupported stuff). Don't like it, don't buy it.

      You also have the right to start your own damn company that makes the same hardware that does allow users to run unsupported software.

      --
      The Doormat

      If you're not outraged, then you're not paying attention.
    44. Re:Of Course That's the Point by Anonymous Coward · · Score: 0
      You've just realized what some of us have known for years -- Linux isn't for people who love UNIX, it's for people who hate capitalism.

      To take it another step further, I think they're just jealous of successful capitalists.

    45. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      by requiring them to include the keys required, just read the draft, it's all there

    46. Re:Of Course That's the Point by vertinox · · Score: 1

      Where does it actually help the manufacturer?

      Such behavior brought the Lego company back from the grave and iRobot seems to be fostering quite a bit of a community around hacking with the Rhoomba devices.

      Otherwise known as "free marketing and development".

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    47. Re:Of Course That's the Point by fossa · · Score: 3, Informative

      The Open Source movement makes the case that source code leads to many eyes reducing bugs, stronger communities, and do other things that might be appealing to a business. Free Software on the other hand, according to Stallman and his GPL and FSF, has always been about ensuring the four freedoms for the software end user. If you or Linus are not interested in these four freedoms, political or philosophical as they may be, then you should not license your software under the GPL "version 2 or any later version". Read up on it; make your choice. But don't complain when the FSF attempts to modify their license to maintain these freedoms, for the FSF has never claimed to do otherwise.

    48. Re:Of Course That's the Point by the-empty-string · · Score: 2, Insightful
      You may have the right to try, but the company that created the hardware "damn well" has the right to use technology to stop you if they want to.
      Sure. Just not with GPL'ed code.
    49. Re:Of Course That's the Point by vertinox · · Score: 2, Interesting

      You also have the right to not buy a piece of hardware that doesn't do what you want (e.g. run unsupported stuff). Don't like it, don't buy it

      And the original author of the open source software has the right to refuse the company from using his software that he wrote in such a way that undermines the spirit of GPLv3. That is the point of open software.

      If they company doesn't want to comply they can write their own software too and use whatever license they want.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    50. Re:Of Course That's the Point by ShawnDoc · · Score: 1
      Having worked in customer service, I can tell you a lot of people will refuse to accept that response from a vendor. Particularly if they didn't make the changes themself. Maybe it was a friend, that kid down the street who helped them set up their network, or a third party who decided your hardware makes a good platform for his solution, and he just buys your product and loads his code on it.

      The point is, they'll see your company's name on the housing, your 800 number on the label, and they'll demand you support it. People who are upset when something doesn't work, especially if its high tech and they don't under how it works, are not the most rational people in the world.

      I've seen first hand people slamming a company I worked for on message boards and their blog for something we had no control over. They were using our hardware to connect to a third party service (the hardware was provided by the service). The service provider was having some problems and they called us, not the service provider. But because we couldn't fix their problem (our hardware was working fine), they took it out on us, and it didn't matter how many times we explained to them it wasn't the hardware's problem and they needed to contact the service provider. I've experienced first hand many tirades for simliar situations.

      In the end it hurts your company, because now you've got someone pissed off at you, even though you aren't the source of the problem.

    51. Re:Of Course That's the Point by Mr.+Slippery · · Score: 1
      Where does it actually help the manufacturer?

      It helps the manufacturer by increasing the likelyhood that people who value freedom will purchase their hardware.

      If you don't value freedom, and choose to purchase locked-down hardware...well, that's sad.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    52. Re:Of Course That's the Point by MadEE · · Score: 1
      The only thing that Linus' is defending is manufacturer's right to prevent anyone from ever running anything they don't approve of. I personally want to be able to run anything I want on my hardware (that's what "my" means) and if the manufacturer has to tell a bunch of lame customers who've broken stuff that they don't get no support, I'm sure that the manufacturers won't have any trouble at all doing that.
      That is all well and good until some idiot decides to modify some piece of equipment that is life-critical resulting in injury or worse. The warranty means nothing if you are getting blamed for causing industry. The NTSC would probably not be able to check the firmware signature of some equipment in the event of an aircraft crash and the FDA would probably not be able to tell if the same idiot were to cover the problem up my re-installing approved software. In life-critical applications locking the software is a must in many cases.
    53. Re:Of Course That's the Point by Jherek+Carnelian · · Score: 1

      I expect that you've heard the phrase, "Freedom is not free," right?

      Well, the manufacturer is a business and they are going to have costs. If they think the costs of fielding all your hypothetical support calls for unsupported software is more than the sum total of benefits using GPL'd software - at a minimum free code plus expanded customerbase - then they are free to go spend the bucks on a proprietary system.

      Either way they gotta pay. The question is which way do they think is better for their bottom line and are they capable of making the right decision.

    54. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      I recommend you switch to HURD.

    55. Re:Of Course That's the Point by ClosedSource · · Score: 1

      Despite the debates on these things I (like a majority of Slashdotters I suspect) have no personally created software to license. Most of us work for other people and it's management that determines the license used.

    56. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      Like it or not some levels of 'trusted computing' will be needed or desired in the future - especially by governments and big businesses, and saying that it's unacceptable is only going to kill FOSS in those areas.

      Whatever happened to: "Give me liberty or give me death".

      It doesn't matter whether the software is popular in a particular field of endeavour, if the users of the software are not free.

    57. Re:Of Course That's the Point by ClosedSource · · Score: 1

      I don't think you understood my question. Say I'm a hardware vendor and I create a DRM device without any GPLv3 code embedded in it. How will the GPLv3 be able to circumvent the DRM?

    58. Re:Of Course That's the Point by mickwd · · Score: 1

      "Seriously, in today's call center you are not allowed to hang up on customers. Never, no matter how much they abuse you, no matter how stupid they are."

      "I once got yelled at for hanging up on a customer who had just issued a death threat."

      Nice job you've got there, slave boy.

      "Like it or not some levels of 'trusted computing' will be needed or desired in the future - especially by governments and big businesses"

      Oooooooh yes, must do master's bidding.....

    59. Re:Of Course That's the Point by Schraegstrichpunkt · · Score: 3, Informative
      Linus's whole point is that the GPL 3 dictates technical details of projects that use it, where V2 didn't.

      Ahem. GPLv2 2c:

      c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
    60. Re:Of Course That's the Point by Red+Alastor · · Score: 1
      OK, so explain how GPLv3 is going to make it possible to circumvent the DRM.
      If you make DRM apply to GPLv3ed software in a way that prevents the user to run it or run modified versions, you lose your right to redistribute such software.
      --
      Slashdot anagrams to "Sad Sloth"
    61. Re:Of Course That's the Point by ClosedSource · · Score: 1

      That's intersting, but you didn't answer my question. Note that incentives and motivations have nothing to do with my question.

    62. Re:Of Course That's the Point by HiThere · · Score: 1

      Only by having an application so attractive that you WANT to run the application. That's the only leverage available...and that's the leverage that the GPL, in any version, to greater or lesser extent, provides.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    63. Re:Of Course That's the Point by mabhatter654 · · Score: 1

      but not if they want to use GPL'd source code! That's what everybody seems to forget. GPL is only a license for redistributing or modifying software.. .not and EULA. If the hardware maker doesn't agree with the new GPL terms, stop using GPL in their products! That's just as easy as telling us we can choose to buy their product on their terms or not.

    64. Re:Of Course That's the Point by mabhatter654 · · Score: 1

      exactly, HARDWARE can't be free, don't try to hide the cost in subsriptions or ads, it's not free, so exect people to pay for it... and your company to make a profit off it! It's only in the last 10 years companies have tried to "recover" the real cost of products by "selling" them below cost and expecting to make it up on some overpriced service. They even got DMCA passed to try to make that business model "legal" but it will never work. Of course with a deep pockets company like the telcos, cable or MS funding the projects, they'll drive the legit makers out of business unless they play too.

    65. Re:Of Course That's the Point by Red+Alastor · · Score: 2, Informative
      That's intersting, but you didn't answer my question. Note that incentives and motivations have nothing to do with my question.
      No really, that's the answer. GPL is a license, not a contract. It cannot control use. My only GPL weapon is to prevent you to redistribute my work if you don't comply with the rules of my license. So the GPL says, either you remove that pesky DRM stuff or you write your own software to put in your own DRMed hardware because I do not give you permission to redistribute MY software as long as its in there.
      --
      Slashdot anagrams to "Sad Sloth"
    66. Re:Of Course That's the Point by MoneyT · · Score: 2, Insightful

      But they do sue the gun manufacturers. And given the political climate towards computers and high tech gadgetry, I'd lean towards them suing TiVo.

      --
      T Money
      World Domination with a plastic spoon since 1984
    67. Re:Of Course That's the Point by ClosedSource · · Score: 1

      In other words, GPLv3 doesn't circumvent DRM.

    68. Re:Of Course That's the Point by ClosedSource · · Score: 2, Insightful

      So the correct answer is that the GPL doesn't circumvent DRM.

    69. Re:Of Course That's the Point by ClosedSource · · Score: 1

      That's OK because most of them don't really need GPL'd source code. After all the growth of GPL'd code in devices is a rather a recent development and they can always go back to the in-house development model that served the industry well for 30 years.

    70. Re:Of Course That's the Point by JakusMinimus · · Score: 2, Insightful
      Why does the software matter at all? Every eula I have read states that the software is not warrented for any pourpose. I also think the GPL had the clause as well. Since the software is not warrented anyway why do manufacturers have to support it?

      I'm not sure whether you posed this rhetorically, but it basically leads one to the meat of the issue:
      1) software tells hardware what to do
      2) no self-interested party will warranty software
      3) it is incumbent upon (if not legislated) that manufacturers minimally warranty their products
      4) the best way to ensure one's hardware does what it is supposed to do is to completely control said hardware, which means being in complete control of what software runs on it

      Right now the only "reasonable" solution to this problem is to make sure only vetted software can run on your hardware. End of story, done. This is why we have "Trusted Computing." I don't like it, not at all, but it is something that hardware manufacturers feel they need to do to help ensure their revenue streams.

      I tend to view the problem as a transient artifact of the current state of technology as it applies to content distribution and presentation. Therefore, it seems best to just let "the market" sort things out. Jiggering the GPL to strong-arm the desired results seems to me to be very much like over-legislating a "market" in hopes of "correcting" it--something that never seems to work.
      --

      You can be an atheist and still not want to succumb to some weird cross-over sheep disease -- AC
    71. Re:Of Course That's the Point by Red+Alastor · · Score: 1
      So the correct answer is that the GPL doesn't circumvent DRM.
      There is a mention in the license that the covered software cannot be considered DRM. So if its GPL, you can circumvent it and no court can hold you responsible. But the new GPL does not circumvent any DRM in software it does not cover. Unless the GPL app is so critical to you that you absolutely have to distribute it and thus remove the DRM in your hardware.
      --
      Slashdot anagrams to "Sad Sloth"
    72. Re:Of Course That's the Point by Mr.+Slippery · · Score: 1
      Gee, and I thought their purpose had something to do with writing good software, but I guess it's just about politics after all.

      The purpose of free software has always been to promote freedom, an inherently political goal.

      In the past few years, some people in the "open source" movement noticed that freedom also leads to good software, and have often championed the use of free software for reasons other than the promotion of freedom. As RMS put it:

      For the Open Source movement, the issue of whether software should be open source is a practical question, not an ethical one. As one person put it, "Open source is a development methodology; free software is a social movement." For the Open Source movement, non-free software is a suboptimal solution. For the Free Software movement, non-free software is a social problem and free software is the solution.
      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    73. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      "If the work communicates with an online service, it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish.)"

      So if someone makes a hacked version of my open source mmorpg client my mmorpg server (open or closed source) isn't allowed to prevent the cheating client from using my service?

    74. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      I would have agreed with you before the DMCA -- but today, when it's illegal for users (the people who bought and own the hardware) to employ their own technical means to use that hardware, it is no longer a case of the vendor using technology to stop the user. It's a case of the vendor using the law to suppress technology it doesn't like.

    75. Re:Of Course That's the Point by NialScorva · · Score: 1

      How does the user's right to modify the software in any way affect technical decisions about the software? It doesn't affect my data model, algorithms, security model, or any other aspect of implementation in the least.

    76. Re:Of Course That's the Point by NialScorva · · Score: 1

      Ahem,

      How does a copyright banner affect any technical decision of the software? It doesn't affect my data model, algorithms, security model, or any other aspect of implementation in the least. In addition, it doesn't affect the original programmer in the slightest, it merely says that when you modify someone's code, you can't remove it if it exists.

    77. Re:Of Course That's the Point by Improv · · Score: 1

      They only have that right if the people and legal system choose to give it to them. As part of the open source community, I think it's a good thing for us to demand and push for the most user-enabling, user-friendly technology and licenses we can possibly get. DRM hurts us. We should stop it.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    78. Re:Of Course That's the Point by ClosedSource · · Score: 1

      "They only have that right if the people and legal system choose to give it to them."

      You've got it backwards. They have the right unless people (revolution?) and/or the legal system choose to take it away.

    79. Re:Of Course That's the Point by ClosedSource · · Score: 1

      When talking about freedom in the context of the FSF, the proper usage is to put freedom in quotes (i.e "freedom"). The reason is that their definition of freedom is not the standard one.

    80. Re:Of Course That's the Point by lazarusdishwasher · · Score: 1
      Why not do something like I see in all of the old war movies and put a switch in that switches into a test mode. The test mode could would tell the boot program to boot into a known good operating system. I would suggest two identical flash chips that way you could have one for oficial OS and one for the consumer OS.
      Right now the only "reasonable" solution to this problem is to make sure only vetted software can run on your hardware.

      I am of the opinion that it is not a matter of "reasonable" solutions, I would argue that anybody smart enough to make a product that mixes hardware and software would understand the spirit of the GPL. IMHO the time used to find loopholes in the GPL could have been used to come up with several ways to follow the spirit but not have any trouble following the obligations of the company.
    81. Re:Of Course That's the Point by Improv · · Score: 1

      Same thing.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    82. Re:Of Course That's the Point by Tyreth · · Score: 1

      I have not once made a support call for faulty hardware - it's the retailer who gets calls. And I've never returned a piece of 'faulty' hardware that it turned out to be the software at issue. Maybe I'm not representative, but I can't see how this ability to 'not work' when running unauthorised software will help.

    83. Re:Of Course That's the Point by radtea · · Score: 1

      In life-critical applications locking the software is a must in many cases.

      If it is a must, why is it not done? Because the fact is, and you'll have to trust me on this, it is not done.

      In reality, as opposed to in paranoid fantasy, physical access controls and good policy are what prevent anyone from messing with life-critical systems. There is no evidence at all that anyone anywhere has ever been harmed by alternate code being run on such systems.

      The invocation of this issue is just an unsubstantiated scare tactic, based on faith rather than evidence.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    84. Re:Of Course That's the Point by The_Wilschon · · Score: 3, Insightful

      You obviously are having trouble understanding just what the GPL actually does. Think of this new clause like this: It is a promise that if you don't play the way we (meaning those who choose to use this license) like, we will take our ball and go home. You can get another ball and play without us if you like, but we will take ours and go home.

      This does have the potential to have some power, because the GNU tools are far and away the best set of basic unix tools. Most of the unices have adopted them by now. It is possible that when trusted computing comes, that this clause will simply kill off the use of the gnu tools (back to the last version using gplv2), but I doubt it. Additionally, if we ever manage to write a good killer app that lots of windows users use, and license it under gplv3, then when trusted computing comes, it might make people actually realize that it is not all sweetness and light (which will no doubt be how it is advertised.).

      Also, there is some reasoning behind this promise to take the ball and go home. Presumable foremost in FSF's collective mind is that in a real sense, the type of hardware described would restrict freedom number 1 [emphasis mine] "The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this." [http://www.gnu.org/philosophy/free-sw.html]. Additionally, there is a security reason. If you cannot ever update to a newer version, then any security holes that exist are frozen. Once those holes are discovered, everyone who is on a platform like this becomes a sitting duck until such time as both their hardware vendor releases a new signature set and they upgrade the software. This is also a personal/professional pride reason, because everyone who thinks they understand security will blame the software for their box getting owned, which will only be half right. Such incidents could give free software an undeserved reputation for insecurity.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    85. Re:Of Course That's the Point by FKnight · · Score: 1
      This is about ensuring that people can't change software, so that DRM restrictions can be enforced. That's what DRM is all about -- locking data so that it can only be accessed by certain approved applications (code with the correct digital signature). It also has the added effect (or benefit if you happen to be a thieving manufacturer desperate to do an end run around the GPL), of turning formerly Free software into proprietary binaries.

      WRONG. This is about hardware manufacturers making sure their hardware runs the way it was manufactured and tested before it was sold to consumers who pay money that the company relies upon. NO ONE is stopping you or anyone else from selling hardware without such proprietary locks. Don't bitch, compete. Personally, if I developed a linux based router and wanted to sell it, I sure as hell am going to make sure it's locked to only run the build that I tested and validated. I care about having customers who pay for a reliable product a lot more than I care about a bunch of dorks who want to play with my hardware. Don't like the software on the router I manufacture? Build your own router and shut up. That's not my problem.

    86. Re:Of Course That's the Point by Jimmy+King · · Score: 1

      To me, this is a risk you take if you use used hardware. While certainly annoying for the end user, perhaps they should go ask their buddy what they did to the hardware before giving it to them. Also keep in mind that the company can always use a different OS or piece of software if they don't like the licensing, one that allows them to lock it down. I frequently think the free software zealots are going a little too far, but I'm not sure they are in this case. Making the software inaccessible is making it inaccessible, however good the reason for doing so might be. The people that have said to allow the changes, but have some sort of warning that makes it known that it is not in the default software configuration, are probably the ones on the correct and most reasonable track.

    87. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      Given your online moniker, it's no surprise you see this particular situtation in such a delimited and self-serving manner. Gee.

    88. Re:Of Course That's the Point by radtea · · Score: 1

      Like it or not some levels of 'trusted computing' will be needed or desired in the future - especially by governments and big businesses, and saying that it's unacceptable is only going to kill FOSS in those areas.

      This in no way interferes with systems that help the user trust their computer.

      The only thing here is stuff to prevent hardware manufacturers from impeding user's freedom to run alternative code. And because users--not hardware manufacturers--own user's computers, it would obviously be impossible for any user to trust a computer that had secret keys built into by the hardware manufacturer. I know I wouldn't.

      No system that keeps secrets from the user is "trusted computing". If I am to trust my computer, it must not keep secrets from me. I must have full access to any keys or validation data that are encoded in the hardware. If I do not have that access, I cannot trust my computer, and nothing in the GPLv3 impedes me from knowing those keys etc.

      So there is obviously no problem with the GPLv3 interfering with the user's trust of their computer.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    89. Re:Of Course That's the Point by Jimmy+King · · Score: 1
      Seriously, in today's call center you are not allowed to hang up on customers. Never, no matter how much they abuse you, no matter how stupid they are. I've worked in 2 & know people in 3 others. The customer just calls back, yells for a supervisor & you get reamed for hanging up on them, even after recordings show they used every curse known to western civilization and a few new ones. I once got yelled at for hanging up on a customer who had just issued a death threat.
      This is why I'll go to burger king before taking another phone support job... well, ok, I'll look into burger king anyway, I might change my mind after I try to pay the bills. I did phone support for about 4 years. I'm burnt out, bitter, and intolerant after that. I don't mind helping someone who has a real problem, but when you do the same wrong thing every day for 2 weeks and call me to have me fix it (No, I'm not exaggerating on my experiences), explain to you why it broke, and why you shouldn't do that, I've got no patience. Same for the people who call every time they get a pop-up instead of doing what the pop-up says (although admittedly, if they don't know what they're looking at, that can be dangerous, too, thanks to adware and various shady pop-up ads). Did something weird to your hardware, like flashed it with unofficial software, that's too damned bad. I'll help you flash it back to the default software if possible and then help. If that can't be done, well, I guess you shouldn't have done that.

      For these same reasons, if my internet connection is acting up, I pull my linux boxes off the network and go to a default setup in the way the ISP tech support expects to see it. Windows XP behind the dsl modem, with the dsl modem software installed on the computer. Then if it's still having issues, I call them. I try to give people manning the phones the same level of being a good customer as I expected when I was on the phones.

      As to working with other software, as others have been suggested, I think the best route to go is allow it but say "Hey, look, this has only been verified to work with this one software configuration. You can change it if you want, but it may or may not work, and there's no way we can provide support for it." That's completely fair to all parties and keeps the freedom of the free software, imo.
    90. Re:Of Course That's the Point by tinkerghost · · Score: 1
      Interesting choices there.
      How about this:
      Your doctor connects to 'Your health history on line'
      You have 2 choices:
      1. You can know for certain that the server is running the correct software & hasn't been hacked by some asshat who is randomly reasigning health histories to requests.
      2. You can have untrusted computing so you can be free.
      Now you can keep spouting your "master's bidding" crap, or you can pay attention to what is going on around you. There are enough pieces of crapware/malware/spyware out there that the average user is getting screwed left and right. Virus writers are testing their new code against the newest versions of AV software before they go into the wild. Read the actual specs & RFC's.
      What I see people screaming about is the far edge of TCM - total lockdown of a system. Is that a possibility, of course it is - hell it's a goal for specific high security markets. Now I want you to pull your head out of your ass & load up your calculator program. Tell me exactly how many permutations of OS/patch/driver/firmware can you come up with? Each and every one of those is going to have to be certified to make it work. Yeah, I see a gig eprom sitting on every motherboard stuffed with each of those keys - though I'm not sure a gig will be enough when you add in all the software keys too.
      Oh wait, in your world, we are going to put lynksys, dlink, nvidia, ati, and all the other companies that make cards out of business in order to lock everything to a motherboard with integrated everything. Oh, and development of software will require that every test compile be transfered to a certifying agency prior to being allowed to run.
      The TCM strawman is total lockdown of a PC to a single OS w/ specified software.Can it be done, yes. Will it be done, yes - under controlled circumstances for those customers who require extremely high levels of trust both internally and between their external counterparts. Will it be done for the general public? No, not because the RIAA & MPAA & asshats in congress don't want to do it, but because it's not technically feasible to do in the real world. Remember, China, Japan, Russia, and the EU are not going to hand every computer in thier country over to the US govt because they insist on a total lockdown via TCM. You are much more likely to see TC models with degrees of trust rather than total lockdown. And as long as I get to decide what I get to trust on my system, I have all the freedom I need. I don't need to be able to decide what YOU get to run.
    91. Re:Of Course That's the Point by MadEE · · Score: 1
      If it is a must, why is it not done? Because the fact is, and you'll have to trust me on this, it is not done.
      As remote upgradeability becomes more prevalent it will become far more common. Unfortunately I cannot take your word on that because I have been involved in the design of systems that do require cryptographically signed code at the monitor level for the reasons I mentioned before. Besides, The FAA REQUIRES firmware to be locked down on a product as they only approve the current state of the product, changes to the software (or the hardware) require a new STC, the FDA works in a similar way.

      In reality, as opposed to in paranoid fantasy, physical access controls and good policy are what prevent anyone from messing with life-critical systems. There is no evidence at all that anyone anywhere has ever been harmed by alternate code being run on such systems.
      Once the hardware is out of your hands you have very little control into how it would be modified by the owner. There haven't been any injuries because there isn't a large amount of life-critical systems that use a significant amount of GPLed code. As a matter of fact I can count on one hand the number of life-critical systems that I know of that use GPLed software and I am not aware of any such systems currently in the market and approved for use under their respective regulatory authorities. The companies I have been involved in use closed source shops (not by choice but necessity) so the user really doesn't have access to the code but it's damn rare but I have seen people harmed due to everything from unapproved hack job repairs all the way up to fires being caused due to someone shorting fuses within the product. I don't see how giving these people more ways to injure people helps anyone. If the goal of this is to facilitate research make the requirement that the designer be required to provide a non-approved device in exchange for the Approved one purchased at the owners shipping expense that way we can remove our nameplates and approval tags from the unit.

      The invocation of this issue is just an unsubstantiated scare tactic, based on faith rather than evidence.
      It's just common sense, exposing yourself to undue risk is pointless. Statistically you probably aren't going to have your house burglarized but it would be pretty damn foolish to leave your savings under the bed as it is a pointless risk. Abridging someone's or a company's right to protect itself from risk regardless if you feel it warranted
    92. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      I have to agree that trying to impose the GPLv3 onto hardware mfgs isn't smart. Like it or not some levels of 'trusted computing' will be needed or desired in the future - especially by governments and big businesses, and saying that it's unacceptable is only going to kill FOSS in those areas.

      Come on people, get it right! The GPL allows DRM! It doesn't impose anything, it prevents imposing. If you want to use DRM for quality control in consumer devices, cool! If you want to include DRM for security reasons in government and business situations? Cool! The GPLv3 Supports that! All it says is that you must provide a way for people who don't want that to remove it. Say a jumper that can be removed, there are a lot of possibilities.

      So say someone in a foreign country hacks a government computer, and that hack is at risk of being wiped out by the next signed security update. They try to write over the BIOS to prevent that. Oops, they are thousands of miles away and can't remove that jumper that disables DRM. Sounds good to me.

      Same goes for consumer devices. That WRT54G can use DRM to stay safe and secure, and take only approved updates. And an advanced user can remove the jumper to use thier own customized version, or maybe they can plug an SD/MMC card in to the motherboard with their own PGP key to keep DRM going but without it being imposed on them. There are many possibilities, and I think this new version of the GPL is great!

    93. Re:Of Course That's the Point by mrbnsn · · Score: 1

      From the point of view of the manufacturer, they will have to go to the owner of the copyright of the code in question, and negotiate a seperate license.

      For example:
      http://www.sleepycat.com/company/licensing.html
      http://www.trolltech.com/products/qt/licenses/lice nsing/licensingoverview
      http://www.artifex.com/licensing/index.htm

    94. Re:Of Course That's the Point by Rich0 · · Score: 1

      Modifying an autopilot by smashing it with a big rock prior to installation might cause a disaster. What safeguards are in place to prevent this? Sure, they might put 1" armor on it, but I'm sure that some high explosive will still damage the device.

      Ultimately the users of safety-critical hardware are the ones most responsible for using it correctly. Their first step should be to screen their vendors for systems that are adequately tested. However, if they feel that they can modify the hardware to make it more suitable they should be able to do so (although they might have to apply for various government certifications in some industries to use the resulting new product). The user has every incentive to exercise due care with the equipment.

      Airlines spend tons of money on maintenance to make sure their planes don't just fall out of the sky. Why would anybody think that they would just start flashing their firmware willy-nilly simply because the hardware allows it. If they did develop their own firmware they would almost certainly test the living daylights out of it and install it under thorough controls. The FAA would be able to tell what firmware was running just by inspecting the aircraft's maintenance logs.

      Safety-critical industries are generally very aware of the impact of the software they use, and since the costs of testing their software right is less than the cost of a planefull of wrongful death lawsuits they're going to be careful about flashing their EPROMS - regardless of vendor support.

    95. Re:Of Course That's the Point by rob_squared · · Score: 1

      Tell your boss that you're not an abuse whore. That's a detremental working condition and you can easly report those companies for it.

      Having worked in support, my boss gave me a 2 strikes policy. If they get abusive, warn them that you will have to end the call. If they do it again, *click*. I usually gave them 3 strikes, but I'm a nice guy.

      --
      I don't get it.
    96. Re:Of Course That's the Point by civilizedINTENSITY · · Score: 1

      "You may have the right to try, but the company that created the hardware "damn well" has the right to use technology to stop you if they want to."

      Actually this is the heart of the conflict. There is no moral or ethical reason, and there should be no legal right, for the company which created a piece of hardware to try to stop the legitimate use of that hardware. There really should be laws to make such an obvious violation criminal. That anyone thinks they "damn well" have such a right is repugnant and at odds with the fundamental principles of property rights. Attempts to sell a product, and still own its usage, are diametrically opposed to what it means to have something that is yours because you earned the money to buy it. Your perverted sense of property rights would lead to a world where no one owns anything, but "owns" a lease to use an object in only proscribed manners. This isn't just ugly and wrong, it is approaching evil. Your use of the term "damn" is perhaps more appropriate than it was meant to be.

    97. Re:Of Course That's the Point by civilizedINTENSITY · · Score: 1

      "A TiVo is a computer running propriatary software for a specialized purpose."

      Wrong from the very start. Tivo may be commercial, but it isn't propriatary. What is at issue is this: since tivo is a computer running GPL-ed software, and since they *do* make their modifications available (see previous link), should they be able to disallow the running of my modified version of the GPL-ed software I recieved from them on CD on my machine? Doesn't it seem as though the purpose of releasing GPL-ed software is thwarted perversely in this fashion? So then, shouldn't tivo have to stop distributing the GPL-ed software?

    98. Re:Of Course That's the Point by ClosedSource · · Score: 0, Troll

      No, I'm not having trouble understanding what the GPL does. I'm just having trouble getting people to answer the question I asked rather than the question they apparently want to answer.

    99. Re:Of Course That's the Point by dcam · · Score: 1

      If you or Linus are not interested in these four freedoms, political or philosophical as they may be, then you should not license your software under the GPL "version 2 or any later version".

      If you read the article you will see that Linus decided not to release the kernel under the version 2 or later version. It is released under 2.

      He isn't complaining that the FSF has changed the license on him with sufficient input. He is just saying that he thinks it is a stupid idea.

      --
      meh
    100. Re:Of Course That's the Point by ClosedSource · · Score: 1

      Nope.

    101. Re:Of Course That's the Point by dubonbacon · · Score: 1

      I highly doubt Windows will be GPL(v3) one day

      --
      sw5YRhw4ln3pr7$Ock1/4ma0u8Lw2Tm5l6/7DOiC5e6t4NSb6T en 6g5AOCPa2Xs!MSr!p! hackerkey.com
    102. Re:Of Course That's the Point by miro+f · · Score: 1

      of course they do! but the idea of the license is to say "sure, you can lock other people out, but you're not going to do it with any of my GPL'd code!"

      --
      being vague is almost as cool as doing that other thing...
    103. Re:Of Course That's the Point by Tyger · · Score: 1

      When I worked on hardware that runs Linux, our end goal was to release the code on a ROM. Not a PROM or EPROM, but a ROM. Seems to me that gets around the whole mess in the first place. IIRC, the GPL3 section in question just requires that any keys required to run the software are provided. With ROM, technically speaking you CAN modify it and run your own version... If you have a pin compatible chip that you feel like soldering onto the board in place of the ROM with your version.

    104. Re:Of Course That's the Point by ClosedSource · · Score: 1

      "There is no moral or ethical reason, and there should be no legal right, for the company which created a piece of hardware to try to stop the legitimate use of that hardware."

      Well, of course the definition of "legitimate" is in disagreement with respect to this issue. It seems to me that both sides are trying to protect "property rights" in one form or another, but I wouldn't endow those "rights" with any great moral or ethical weight. Historically propery rights have been invoked to "sanitize" the behavior of capturing land others live on by use of force.

      Had you read the thread carefully you would have seen that my use of the term "damn" was to echo the poster I was replying to. So your ironic comment on that word actually applied to somebody who agrees with you.

    105. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      This is about hardware manufacturers making sure their hardware runs the way it was manufactured and tested before it was sold to consumers who pay money that the company relies upon.

      Control... in other words. This is about DRM, not about customer support.

      Personally, if I developed a linux based router and wanted to sell it, I sure as hell am going to make sure it's locked to only run the build that I tested and validated.

      Personally, you would be stealing the work of those who wrote the GPled software, by taking away the same freedoms that you enjoyed to build the router.

      I care about having customers who pay for a reliable product a lot more than I care about a bunch of dorks who want to play with my hardware.

      It's not *your* fucking hardware, is it? Someone paid for it... it's theirs.

    106. Re:Of Course That's the Point by Sigma+7 · · Score: 1
      Seriously, in today's call center you are not allowed to hang up on customers. Never, no matter how much they abuse you, no matter how stupid they are.


      This, however, is not a universial edict. There are call centers available that permit hanging up in very specific circumstances - these are breifed to the agents beforehand either through quality staff or through management.

      One of the most common hang-up reasons is the customer not remaining on the line - if the agent does not have any response within 2-3 minutes (less in a busy period), it simply gets logged as a dropped call.
    107. Re:Of Course That's the Point by arose · · Score: 1

      And we (the free software community) don't need them to use GPLed code in a manner that prevents modification. If one of hundred such manufacturers chooses GPLv3 vs complete in-house development it's a net win for free software.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    108. Re:Of Course That's the Point by arose · · Score: 1

      Corporations have no natural rights.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    109. Re:Of Course That's the Point by arose · · Score: 1

      3. The hardware verifies the software, but the owner of the hardware decides what is trusted, not the manufacturer.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    110. Re:Of Course That's the Point by Cyclops · · Score: 1
      Apple tried to do this with their new "MacIntels". Apparently they gave up making a real hard effort, at least for the time being. Maybe the tech isn't yet strong enough for them to really be able to control of what OS their costumers are allowed to run.

      This is simply so wrong at so many levels that I find it interesting that Linus is ok with it. Let's face it: he doesn't care at all for your rights. I guess he hasn't read that poem, you know.... "first they came after the communists"?

      First they took our freedom in Tivos, and I did not speak out--
      because I would not buy a Tivo;
      Then they took our freedom in XBox, and I did not speak out--
      because I was not a gamer;
      Then they came for the MacIntels, and I did not speak out--
      because I was not a Apple Fanboy;
      Then they came for the Appliances, and I did not speak out--
      because they either work better or I use "Open Source";
      Then they came for the PCs--
      and there was no one left to speak out for us "Linux" users.
    111. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      No baby, you don't have that *right*. You think you do, I think you do, but nothing *gives* you that "right". -- Let's have some meaning left for "a right", mmmm?

    112. Re:Of Course That's the Point by TheRaven64 · · Score: 2, Informative
      Apple tried to do this with their new "MacIntels".

      No, they didn't. They shipped the machines with EFI and without a BIOS compatibility layer, because they did not need to run any BIOS-dependent code. This precluded running Windows, because Windows is not yet fully EFI compatible. Some Free kernels which already had IA64 support were quickly ported, since they already had EFI code that just needed to be copied from one branch to another. Windows wasn't, because Microsoft don't want Apple to be in a strong position as a hardware manufacturer. Finally, Apple realised that people wanted to run Windows on their Macs and shipped a firmware update that contained the BIOS compatibility layer. At no point did Apple actively try to prevent people from running whatever they wanted on their machines.

      Running OS X on a non-Mac is a completely different, but irrelevant, story.

      --
      I am TheRaven on Soylent News
    113. Re:Of Course That's the Point by I'm+Don+Giovanni · · Score: 1

      And how, pray tell, would GPL3 prevent that? If a piece of hardware is designed to only run Windows or, to give a real example, a game console is designed to only run digitally signed games, what is GPL3 going to do about it? Not a damn thing. All that would happen is that software devs wouldn't use GPL3 if they are targetting hardware that digitally validates the software that it runs.

      --
      -- "I never gave these stories much credence." - HAL 9000
    114. Re:Of Course That's the Point by I'm+Don+Giovanni · · Score: 1

      "This does have the potential to have some power, because the GNU tools are far and away the best set of basic unix tools."

      Are you saying that GPL3 makes forbids using GNU tools to create non-GPL3 software? Even RMS isn't that stupid. I can use GNU tools to make any software I want. All GPL3 would do is forbid my distributing DRM functional code that included GPL3 code. And don't flatter yourself, most devs get along just fine without mooching GPL code.

      --
      -- "I never gave these stories much credence." - HAL 9000
    115. Re:Of Course That's the Point by I'm+Don+Giovanni · · Score: 1

      If one of hundred such manufacturers chooses GPLv3 vs complete in-house development it's a net win for free software.

      You're equating GPL with "free software". Much "free software" is not GPL, in fact much software is "free-er" than premitted by the GPL.

      --
      -- "I never gave these stories much credence." - HAL 9000
    116. Re:Of Course That's the Point by LWATCDR · · Score: 1

      I said that encryption/locking of software might not be the best of idea. However to forbid it also bothers me. I could see thinks like locking the software that runs voting machines. Or any life critical systems like life support systems. I hate the idea of restricting technical tools that people can use for political reasons.
      I say let the users decide. If x offers an encrypted and locked system and y offers an unlocked system let people pick.
      You know it is that freedom thing. Just like I wouldn't like a law saying that encrypted locked systems are mandated I don't want to see them banned.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    117. Re:Of Course That's the Point by I'm+Don+Giovanni · · Score: 1

      It's not legal to convert a semi-automatic rifle to a fully automatic one. Do you object to that law? I guess you do. And according to your post, not only do you object to that law, you'd make it illegal (a "criminal violation") for the manufacturer of a rifle to add mechanisms to prevent the rifle from working as a fully-automatic rifle. Is that really what you're about?

      And I can cite dozens of examples where a manufacturer and/or society has decided to prohibit particular uses of devices that you might own, and they have legit reasons for doing so.

      --
      -- "I never gave these stories much credence." - HAL 9000
    118. Re:Of Course That's the Point by arose · · Score: 1

      No I'm not. A manufacturer slapping one of the BSDs without releasing code or unmodified Linux on a router that doesn't run anything that the manufacturer hasn't signed does nothing good for free software.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    119. Re:Of Course That's the Point by strikethree · · Score: 1

      It helps the manufacturer out because it gives people more lattitude in their choice of hardware platform. Would I buy a WRT54G if I couldn't run Linux on it? Nope. Would I buy it if I could run Linux on it? Why yes, as a matter of fact I would... and did. Did my money help the manufacturer? Probably not... but if the manufacturer can determine that I am not running their software on it, they do not have to support me and that saves them, um, money. Hm. Lots of money floating around here and it all seems positive to the manufacturer. I am still not certain if that is beneficial to the manufacturer though. Any thoughts?

      strike

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    120. Re:Of Course That's the Point by Mr.+Slippery · · Score: 1
      The reason is that [the FSF's] definition of freedom is not the standard one.

      What's nonstandard about refering to a users' ability to run, copy, distribute, study, change and improve software as "freedom"?

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    121. Re:Of Course That's the Point by AuMatar · · Score: 1

      Sure I have the right- I *own* the piece of equipment. That gives me the *right* to do whatever I want with it, so long as I don't violate someone else's rights (for example, by hitting them with it). If I want to smash it with a hammer, I can. If I want to remove random wires, I can. If I want to replace the firmware/software, I can.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    122. Re:Of Course That's the Point by civilizedINTENSITY · · Score: 1

      By legitimate I meant "in accordance with recognized or accepted standards or principles" and "show or affirm to be just". The difference is that my position protects the property rights of owners (I've bought it with hard earned cash, I've earned it, its mine now) whereas your position protects the "rights" of previous owners (I used to own that, and I wouldn't use it like that, and I'm mad that what used to be mine isn't being used the way I want it to be used.) When you sell something (a shirt, say) you no longer own it. If someone buys a shirt from you and uses it as a rag, you don't have any right to say, "that isn't what I intended for you to do." You can't say, "I meant this shirt to be worn with gray slacks, wearing it with blue shorts is wrong." Building in a device that releases acid if the shirt detects you are wearing shorts instead of long pants would obviously be criminal. Yet in this new world of digital psuedo property, we want to believe that we can "sell our cake, and eat it too."

      In regard to my reference to the hidden appropriateness of damnation in your quote, it was based on the context of placement within your point of view. Your aspersions (carelessness) are inappropiate, as is the attempt to label my comment ironic. In terms of the real issues at hand, I would suggest that I respect property rights, whereas you respect profit. The conflict between legitimate rights and profitablity goes back a long ways, this is just a new permutation.

    123. Re:Of Course That's the Point by civilizedINTENSITY · · Score: 1

      Where there are legit reasons for proscribing particular uses of property, then by definition the proscriptions are legitimate. "Legitimate" in your stated example (conversion of a firearm to fully automatic) relates to the creation of a hazzard with the potential for abuses of the most serious of nature. This can hardly be compared to wanting to recompile Linux on a computer I purchase at walmart in 2038, after DRM has fully arrived, and the GPL requires I have access to the sourcecode but the hardware refuses to run my "unapproved" binary.

      In the case you site, the potential for abuse includes shifting the ballance of power against the police in civil disputes. In the case at hand, the issue is hard to stretch to such a potential hazzard. Rather, business models based on redefining property rights are at risk. You can't seriously compare blocking popups, or skipping TV ads, to fully automatic weapons. That is ludicrous.

    124. Re:Of Course That's the Point by Anonymous Coward · · Score: 0

      For example, you couldn't link a modified GPL program with a closed source library, since that would hamper the ability to modify the software.

      Sure you can. GPLv2 only limits what you can distribute. You can do anything you want with it in house.

    125. Re:Of Course That's the Point by mrchaotica · · Score: 1
      It doesn't affect my data model, algorithms, security model, or any other aspect of implementation in the least.

      If the GPL v.3 affects the security model (by making sure vendors of hardware with embedded GPL v.3 code have to disclose everything required for the user to load his own modified version), then the GPL v.2 affects the algorithms by prohibiting linking with the algorithms in a proprietary library.

      I don't think either situation counts as an undue restriction of "technical decisions," personally, but one thing's for certain: if one of them affects it, then the other does too!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    126. Re:Of Course That's the Point by mrchaotica · · Score: 1
      So if its GPL, you can circumvent it and no court can hold you responsible.

      More accurately, it forces the distributor to give you the tools to circumvent the DRM so trivially that can't really be called "circumventing" at all. You aren't "going around" the DRM; you're going straight through it because the distributor gave you the keys.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    127. Re:Of Course That's the Point by GigsVT · · Score: 1

      Yes, exactly. You can't have it both ways.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    128. Re:Of Course That's the Point by ClosedSource · · Score: 1

      The most likely result will be that vendors who have no interest in DRM may or may not embed GPLv.3 code in their devices and vendors who do care about it will avoid any GPLv.3 code. So there probably won't be any net effect on DRM.

    129. Re:Of Course That's the Point by mrchaotica · · Score: 1

      You want to know why people don't want to answer your question? It's because it's nonsensical!

      Your question is like the classic example of an unfair question: "Have you stopped beating your wife yet?" You can't answer "yes," because it implies that you were beating her before, but answering "no" is even worse because it implies that you were still beating her! The question is unanswerable because it presupposes a condition that does not exist.

      Let's recap exactly what the original question was. Originally, AuMater wrote:

      If I buy a piece of hardware I damn well have the *right* to run any software I want with it. Now, doing so may void the warranty. But as the owner of the hardware I am allowed to make that choice.

      To which you replied:

      You may have the right to try, but the company that created the hardware "damn well" has the right to use technology to stop you if they want to.

      To which Jherek Carnelian replied:

      Which is EXACTLY why the GPLv3 is necessary.

      To which you replied:

      OK, so explain how GPLv3 is going to make it possible to circumvent the DRM.

      Now, if you re-read those carefully, you'll realize that neither AuMater or Jherek Carnelian ever said that the method by which the GPL v.3 counteracts the manufacturer's right to use technology to stop you from running your software was actually by "circumventing the DRM." In fact, the GPL v.3 uses a different method: it requires that the company give up that right before it is allowed to use GPL v.3 code. The DRM doesn't need to be circumvented because it never existed to begin with!

      Now, you should see that your question is unanswerable because it presupposes that Jherek Carnelian claimed that the GPL was necessary because it somehow circumvented DRM, which is not true. In addition, you should see that the reason your post was modded down is probably that somebody thought you were obstinately refusing to realize this on purpose. And, given that your name is "ClosedSource," that's probably true. In that case, I have been trolled.

      Anyway, now do you understand?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    130. Re:Of Course That's the Point by MadEE · · Score: 1
      Modifying an autopilot by smashing it with a big rock prior to installation might cause a disaster. What safeguards are in place to prevent this? Sure, they might put 1" armor on it, but I'm sure that some high explosive will still damage the device.
      Smashing the autopilot with a rock will not crash a plane, even if it's in use at the time. Smashing a autopilot with a rock will leave you without a autopilot, and it would be pretty obvious to the pilot that the autopilot was smashed if it was done by another part, modifying the firmware that is unlikely to be the case. Avionics are designed to shut down and warn the pilot (and if applicable jump to a backup or redundant unit) when there is a failure of the unit, this is done of course though software.

      Ultimately the users of safety-critical hardware are the ones most responsible for using it correctly. Their first step should be to screen their vendors for systems that are adequately tested. However, if they feel that they can modify the hardware to make it more suitable they should be able to do so (although they might have to apply for various government certifications in some industries to use the resulting new product). The user has every incentive to exercise due care with the equipment.
      Likewise the vendor should right to wash their hands of the end user if they do start screwing around with their firmware in which the company's reputation and liability are tied up in. If they wish to manage their own branch of firmware they should buy uncertified units from a vendor willing to sell them and use those. Carriers are banned from doing this anyway under contract for major computer systems on larger aircraft. This is not something new.

      Airlines spend tons of money on maintenance to make sure their planes don't just fall out of the sky. Why would anybody think that they would just start flashing their firmware willy-nilly simply because the hardware allows it. If they did develop their own firmware they would almost certainly test the living daylights out of it and install it under thorough controls. The FAA would be able to tell what firmware was running just by inspecting the aircraft's maintenance logs.

      Safety-critical industries are generally very aware of the impact of the software they use, and since the costs of testing their software right is less than the cost of a planefull of wrongful death lawsuits they're going to be careful about flashing their EPROMS - regardless of vendor support.
      One would think that in an ideal world this would be the case and generally this is done. But each year the FAA levies millions in fines to carriers for maintenance violations. Death and injury happen even to this day due to carelessness within the mechanical systems of an aircraft I fail to see software is some sort of different beast. The bigger problem with firmware while any changes in a mechanical system is going to be pretty obvious after a catastrophic failure, the firmware of these systems will likely be destroyed making it not just the carries problem but the manufacturer's when the NTSB rules that a failure of the FMC caused a crash.
    131. Re:Of Course That's the Point by labratuk · · Score: 1
      Jiggering the GPL to strong-arm the desired results seems to me to be very much like over-legislating a "market" in hopes of "correcting" it--something that never seems to work.

      Where is the 'strong-arming' happening here? The people who write the software have the right to dictate under what conditions you are able to take their work. If you don't like it, don't use it. Write it yourself.

      There is no inteference happening here. This is reactionary only in implmentation, not policy. To enforce the original spirit of the GPL, a few clauses are being added which hadn't been forseen at the time of the original declarations.

      You may not like the GPL3, I may not like the GPL3 (personally I haven't made up my mind yet, seeing as it has yet to be written), but a software author has the right to license their works as they see fit, and it's not as though anyone's being conned into doing what RMS says.
      --
      Malike Bamiyi wanted my assistance.
    132. Re:Of Course That's the Point by 10101001+10101001 · · Score: 1

      Right, you can't prevent the cheating client from using your service because they're using a cheating client. You *can* punish them the same as any other user and you *can* write your software such that no cheat a client could commit would result in a cheat effect on the server. Ie, your server shouldn't rely on the security of the client to maintain a balance of power. That's rule #1 for most online games. :)

      --
      Eurohacker European paranoia, gun rights, and h
    133. Re:Of Course That's the Point by The_Wilschon · · Score: 1
      Hello Don Giovanni, nice to meet you.

      Are you saying that GPL3 makes forbids using GNU tools to create non-GPL3 software?
      In a work, no. I am saying that GPL3 forbids the use of GNU tools to create non-GPL3 software (or to do anything else whatsoever) on the type of platform described. Since GNU tools are the best unix tools out there, anyone wanting to sell any kind of unix on such a platform will either have to reconsider, or else use inferior tools, making it a good bit more difficult to sell their platform+unix combo. This is a pretty significant thing. I'm not saying whether I think this is a good significant thing or a bad significant thing, just that it is a significant thing.

      distributing DRM functional code
      Just so you know, the particular clause of the GPL3 which is primarily under discussion here says nothing about DRM functional code. It is about trusted computing hardware, a related beast, but of a different species. I never said that GPL3 would prevent GNU tools from being used to make any kind of software you want, provided you are working on an approved platform.
      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    134. Re:Of Course That's the Point by ClosedSource · · Score: 1

      Well, first of all we have to agree on whose freedom we are talking about. Is it the author's, the user's, or developers that want to extend it. Sometimes #'s 2 and 3 are the same.

      But taking your comment at face value (i.e "a user's ability"), the GPL restricts his freedom to change and improve the software by requiring that the source code for those improvements be made available and licensed under the GPL. A restriction is not in any way consistent with "freedom". Note that the lack of such a requirement in no way limits the freedom of any others who want to use the orginal GPL'd software.

      So clearly if the GPL is just about "a user's ability" it isn't totally committed to freedom, it has the additional agenda of controlling the behavior of those who modify GPL'd code.

    135. Re:Of Course That's the Point by mrchaotica · · Score: 1

      It's no different from the situation we have now, with normal uses of the GPL v.2: vendors who have no interest in keeping the software their product runs proprietary may or may not embed GPL v.2 code, and vendors who do care about it will avoid any GPL v.2 code. So there probably hasn't been any net effect on proprietary software.

      Oh wait, yes there has -- some vendors, at least, have been discouraged from using proprietary software because doing so would stop them from being able to enjoy the advantages of Free Software.

      In the same way, the GPL v.3 will discourage some vendors, at least, from using DRM because doing so would stop them from being able to enjoy the advantages of Free Software. And that's a good thing.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    136. Re:Of Course That's the Point by FKnight · · Score: 1
      Personally, you would be stealing the work of those who wrote the GPled software, by taking away the same freedoms that you enjoyed to build the router.

      You seem to be under the mistaken impression that locking the hardware I manufacture to only run a certain binary somehow removes your right to modify GPL'd code. It does not. No one is forcing you to buy my router, and I'm certainly not obligated to help you change the functioning of hardware that I manufacturer. I don't think you should be locked up or arrested for trying to modify the hardware -- it is yours after you buy it .. but it's still not my problem nor my responsibility to help you. It is, however, my job to make sure the hardware I manufacture functions consistantly when it's sold at the store or after you sell it on Ebay because you might fuck it up, sell it, and when someone gets a router that doesn't work with my company's name on it, they say my product sucks. The GPLd code is still GPLd regardless of what my hardware does. Nothing prevents you from modifying the software and running it on any other hardware. If you got a problem with the way I manufacture the [i]hardware[/i], buy someone else's. I don't care, because I have billions of non-dorks who are still going to buy my product who also don't care. I'm not stealing shit, because the GPLv2'd software I use says I'm not stealing shit. You're missing the point. If the Linux kernel license was updated to version 3 of the GPL, I'm not going to use it for the same reasons other hardware manufacturers would not use it. There goes Linux on embedded devices. Torvalds knows this. Your comment basically accuses me of violating GPLv3 by choosing to use GPLv2 software on my hardware under GPLv2 guidelines. This is bullshit logic.

    137. Re:Of Course That's the Point by ClosedSource · · Score: 1

      Nice summary, wrong conclusions.

      First of all, it's obvious that you don't understand the "beat your wife question". If I wanted to present that sort of question I'd ask something like "Will GPL v.3 continue to destroy the software industry?".

      In the context of the discussion, (that you quoted but apparently didn't understand) it was reasonable to ask my question because GPLv3 was being presented as some sort of solution to hardware makers using technology "to stop you".

      Your explanation above makes it clear that GPLv.3 cannot stop hardware makers from using the technology. It's a bit like a group of burglers saying that an adverstising campaign to convice people to keep their doors unlocked is "necessary" to stop people from locking them out (Note: I'm not comparing OSS folks to burglers, it's just an example). It's not the obvious solution to a locked door IMHO.

      This is a flawed strategy that is going to fail because it assumes that device makers think GPL'd code is critical to their success. Given the many, many years of succesfull products that didn't have a single line of GPL'd code in them, this is just wishful thinking.

      I like your final "logical argument" that somehow the name I selected for Slashdot can be used to predict my "trollness". Feel free to continue to extend this well thought out analysis to the rest of Slashdotters.

    138. Re:Of Course That's the Point by gdamore · · Score: 1

      So, a printer won't do what you want it to.

      So rather than just vote with my wallet and buy from a vendor that wants to work with me, let me see-- oh I know, I'll create a viral software license, work really hard to get it used by everyone, and then, when they are using it, force them to let me run whatever the hack I want on their hardware.

      Shees, RMS, just go buy from or with a vendor who shares your views.

      GPLv3 is much more of a political statement than a license designed to encourage folks to use it.

      I stand fully behind the decision not to use GPLv3 in the Linux kernel.

      There are strong cases where manufacturers have contractual obligations to require the hardware be "closed" against random software updates. A lot of these are used in security critical environments -- like the hardware used to manage sensitive data like your bank balances, national security interests, nuclear arsenals, etc... We do _not_ want that kind of hardware to be soft-updatable by "untrusted" code. A little blinky light telling you that your credit card database has just been compromised by unvalidated code just isn't good enough.

      So, maybe its more important to some folks that the free software (lower "f") they create be reusable in these environments like this than that it makes some kind of political statement.

      Heck, as a political statement, I think we are far, far better off as a world where a lot of free software is readily reusable without the GPL viral features. I think the Internet would never have taken off if the BSD networking code was not readily available under the liberal BSD license.

      Oh, and for those who think they bought the hardware and so should be able to do whatever they want with it: yes, you can. You also have a right to explode your nice DVD player up with lots of TNT. But that does _not_ mean that the company that sold you the DVD player has any obligation to help you do this, and neither does it mean that just because you paid for the hardware the company should help you rewrite its controlling software. There are good reasons why the company might not want you do this, and frankly, that's their perogative as long as they are in compliance with whatever licenses _they_ are using.

      Anyway, use whatever license you want on _your_ own damn code. If you've not written or developed any of the technology in use, stop bitching about the licensing decisions made by other folks. If you care so much, vote with your wallet -- if you can't find what you need under a license that meets with your philosophy, then you might have to write or hire someone to write what you need -- but that's the way it works in a capitalistic society.

      And, I for one, am probably far happier as a software engineer in a capitalistic society than I would ever have been in the communistic software world that RMS and his fanboys imagine.

      For the record: I have given a lot of free software of my own creation away, under GPL, BSD, and Artistic licenses. Including convincing my own management and 3rd party companies (including ATI! stay tuned for a new Radeon framebuffer driver for NetBSD) to release my work to the public under similarly open licenses.

      (Heh. Frankly, if the GPLv3 were widely accepted and adopted for the Linux kernel, it would probably be a very good thing for the two operating systems I do care about: Solaris and NetBSD. Adoption of the GPLv3 by the Linux kernel would drive manufacturers in droves away from Linux and towards other less well known alternatives. And, given the quality of the code present in much of Linux, that might actually be a very good thing. :-)

      Go ahead, mod me down troll, but you know I'm right. :-)

    139. Re:Of Course That's the Point by Schraegstrichpunkt · · Score: 1

      And how is the GPLv3 draft any different in that respect, then?

    140. Re:Of Course That's the Point by mrchaotica · · Score: 1
      First of all, it's obvious that you don't understand the "beat your wife question". If I wanted to present that sort of question I'd ask something like "Will GPL v.3 continue to destroy the software industry?".

      No, your question did presuppose something, which makes it the same kind of question as the "beat your wife" one. Yours was just a weak example of it.

      Your explanation above makes it clear that GPLv.3 cannot stop hardware makers from using the technology.

      Of course the GPL v.3 can't "stop" hardware makers from using DRM -- it's not designed to do that anyway! What it's designed to do is persuade them to stop doing so. Why do you keep acting as if someone claimed that, when nobody did?

      It's a bit like a group of burglers saying that an adverstising campaign to convice people to keep their doors unlocked is "necessary" to stop people from locking them out (Note: I'm not comparing OSS folks to burglers, it's just an example). It's not the obvious solution to a locked door IMHO.

      Okay, then what is the obvious solution to the "locked door" of hardware manufacturers using DRM? Boycotting them? Cracking the DRM? Blowing up the factories that make TPMs? Lobbying Congress to make DRM illegal?

      All of these might work, but none of them are guaranteed to do so -- just like the GPL revision. Moreover, they are all either illegal or (in my opinion) have a lower chance of success than the GPL revision.

      This is a flawed strategy that is going to fail because it assumes that device makers think GPL'd code is critical to their success.

      No, it only assumes some device makers think GPL'd code gives them enough of an advantage to be worth using. This is not the same as what you said -- your fallacy is that you assume it must be an "all or nothing" thing.

      Given the many, many years of succesfull products that didn't have a single line of GPL'd code in them, this is just wishful thinking.

      In 1989, exactly zero software projects had GPL'd code in them. Now some do. Sure, it's not all of them, but it's enough to be significantly better than nothing at all. That's a success! In the same way, as long as "enough" (where "enough," in my opinion, means close to the amount that use GPL v.2 or more) hardware makers use GPL v.3 code, it will be a success too.

      Yes, it's possible that the GPL v.3 could fail, by scaring all the manufacturers away from it. However, the people at the Free Software Foundation obviously don't think that will happen -- if they did, they wouldn't be writing it!

      I like your final "logical argument" that somehow the name I selected for Slashdot can be used to predict my "trollness".

      Once again, your fallacy is that you're thinking in absolutes. I never said that your name absolutely indicated that you're a troll. I just meant that, given the fact that most people's names have some significance to them, it's reasonable to think that you might not be as big a fan of Free Software as (for example) someone with the name "OpenSource." Combined with the content and tone of your posts in this thread, which seemed borderline trollish by themselves, the name put you over the 50% likely mark, in my opinion.

      Besides, I never even claimed my reasoning was logical -- you're the one who read that into it, which could (note: not absolute) indicate that you subconciously thought it was logical yourself. In that case, the fact that you would be attacking my argument with sarcasm even though you agreed with it really would make it certain that you're a troll!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    141. Re:Of Course That's the Point by ClosedSource · · Score: 1

      "No, your question did presuppose something, which makes it the same kind of question as the "beat your wife" one. Yours was just a weak example of it."

      You still don't understand it. It's about asking a yes or no question where both "yes" and "no" imply the same claim that hasn't yet been proven.

      "Okay, then what is the obvious solution to the "locked door" of hardware manufacturers using DRM? Boycotting them? Cracking the DRM? Blowing up the factories that make TPMs? Lobbying Congress to make DRM illegal?"

      Actually several of your examples are significantly more obvious than what the GPLv3 is trying to do. I'm not proposing a solution to the FSF, I'm just pointing out the flaws in their current strategy.

      "No, it only assumes some device makers think GPL'd code gives them enough of an advantage to be worth using...
      Sure, it's not all of them, but it's enough to be significantly better than nothing at all. That's a success!"

      You set the bar very low for success.

      "I never said that your name absolutely indicated that you're a troll..."

      Wow. I can't believe you wrote 2 paragraphs of BS to try to justify your argument.

      I'll let you have the last word if you want. We're going in circles and I don't want to waste any more of my time or yours.

    142. Re:Of Course That's the Point by mrchaotica · · Score: 1
      It's about asking a yes or no question where both "yes" and "no" imply the same claim that hasn't yet been proven.

      That's what I've been saying! The claim that hasn't yet been proven, in the case of your question, is that Jherek Carnelian said the reason the GPL v.3 was necessary was that it made it possible to circumvent DRM. Jeez, I feel like Chris Tucker in Rush Hour -- "Do you understand the words that are coming out of my mouth?!"

      Actually several of your examples are significantly more obvious than what the GPLv3 is trying to do. I'm not proposing a solution to the FSF, I'm just pointing out the flaws in their current strategy.

      They can make the GPL v.3 and still do some of that other stuff too, you know! They don't have to choose only one or the other.

      You set the bar very low for success.

      We'd be better off than we were before. How can you call that a failure? And if it's not a failure, it must be a success.

      Wow. I can't believe you wrote 2 paragraphs of BS to try to justify your argument.

      Asserting that it's BS does not make it so; if you can't refute my argument the honorable thing would be to simply admit defeat. To fail to do so would be trollish. ; )

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    143. Re:Of Course That's the Point by Jherek+Carnelian · · Score: 1

      and neither does it mean that just because you paid for the hardware the company should help you rewrite its controlling software.

      But it *does* mean that if they use some of the code I wrote, in their product, that I get to dictate the terms by which they are allowed to use my code. If my terms say they must make it possible for people to rewrite the controlling software then they have a choice - either they do so, or they go find some other code that is not so licensed. That is all there is to this debate.

      And, I for one, am probably far happier as a software engineer in a capitalistic society than I would ever have been in the communistic software world that RMS and his fanboys imagine.

      Anyone who equates the GPL with communism is a troll. The GPL is capitalism of the purest form - private ownership of the means of production. The labor that goes into creating software is the capital, the software is just the end product. I expect you are about to claim that software is capital too, but it is not for the simple reason that it is non-rivalrous and often non-excludable. It's widely believed, almost to the point of canon, that capitalism and free-markets are the most efficient way to manage rivalrous and excludable goods. It's also well understood, but mostly only by economists, that private ownership of non-rivalous and/or non-excludable goods is not neccesarily, or even usually, the way to acheive maximum utilization.

    144. Re:Of Course That's the Point by KagatoLNX · · Score: 1

      Freedom from others is a more true form of freedom than freedom to control others. Licenses are the latter. This is unpopular among those who want to control others, but its reflexive. You either have the freedom of one to coerce the world, or the freedom of the world from coercion by the one.

      Of course, you probably use the word "steal" to refer to copying software in violation of copyright legislation. Yes, this is an ad hominem attack.

      --
      I think Mauve has the most RAM. --PHB (Dilbert Comic)
    145. Re:Of Course That's the Point by Hognoxious · · Score: 1
      It's not legal to convert a semi-automatic rifle to a fully automatic one.
      That's probably because it's illegal to own a semi-automatic rifle in the first place.

      Well it is where I live. But (unlike some) I don't make the assumption that everyone else does, or that it's the same where they do happen to live.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  5. Closing OSS by saterdaies · · Score: 4, Insightful

    Part of the point of OSS is that anything that you can modify should be modifyable. From the FSF's perspective, a hardware vendor shouldn't be allowed to lock you into using their approved software. You should be able to run whatever software you'd like on the hardware that you paid for. I'm not from the heart of OSS evangalism, but by allowing a hardware vendor to lock you into a certain version of an OSS application, you've closed the source of that app. It can be modified, but not run - and, to me at least, running is the ultimate point of software.

    1. Re:Closing OSS by TWX · · Score: 1

      Okay, I'll agree with the, "...a hardware vendor shouldn't be allowed to lock you into using their approved software." argument, but offer a different idea. How about a vendor allows anything to run but only warrantys their specific software? Having dealt with large vendors and working for a large organization, I can tell you that we specifically like standardization because it means that a small staff (15 or so) can take care of 30,000 machines over about 100 sites. If I'm a vendor with thousands of customers running something specialized, I don't want them making changes that make the support difficult-to-impossible.

      I can understand some merits, but I can also understand some demerits...

      --
      Do not look into laser with remaining eye.
    2. Re:Closing OSS by AuMatar · · Score: 2, Informative

      Thats perfectly fine, and allowed by the GPLv3 draft 2. WHen you sell something with a warranty, you're never responsible for negligence or user damage. If the user chose to change the software, that would caunt as user damage to any court. Its then up to the user to decide if the benefits of the software change outweigh the loss of the warranty.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Closing OSS by suggsjc · · Score: 2, Insightful

      Agreed. However, I think the grandparent's point is that with a standardized configuration, you can minimize the staff workload. Even if the users modify knowing that they might void their warranty...who do think they are going to call if it fails? So, the point isn't that they are liable for the changes, but by allowing them they will most likely have an increased support work load...even if all that they are doing is telling them it isn't supported.

      This is just the classic debate all over again. What does it mean to "own" something? You paid for the device...so you should in theory be able to do anything that you want. There is absolutely nothing the maker of that device can do to completely prevent you from doing something (intentionally, unintentionally, stupid, enhancing, etc) to the device. However, if it is their prerogative, then why should you mandate to them what lengths they can and can't go to prevent you from making those changes?

      In one sense, the GPLv3 is allowing software to be free of hardware lock in and be free in all circumstances. In another sense, it is constraining hardware in its ability to allow certain types of designs. So, while the GPL crowd says they are promoting freedom...looking at it from a different perspective they are actually putting in constraints. It is all a matter of perspective. But since this is a hardware vs. software battle, which way do you think the Free Software Foundation is going to lean?

      --
      When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
    4. Re:Closing OSS by Yunzil · · Score: 2, Insightful

      From the FSF's perspective, a hardware vendor shouldn't be allowed to lock you into using their approved software.

      Why is the Free Software Foundation trying to tell hardware vendors what to do?

    5. Re:Closing OSS by kosmosik · · Score: 2, Insightful

      You are certainly right - but it is only one side of the coin. From the other side I see much benefit from being able to control what can be run on my hardware - note that when you buy hardware it is possible that you don't exactly buy it to own it but you f.e. license it to use it. Quite normal and I would not like that to change.

      But it is irrevelant after all. You decide which hardware to buy and if you don't like it - don't buy it. Simple. Same thing with the license. Whomever may come up with whatever stupid (or wise) license - you can use it or not. Stallman writes license, Linus does not like it and does not use it. Perfectly normal for me.

      The real question is that Stallman (really meaning FSF as an entity) is doing any good coming up with license, that major projects won't use.

      Old and well discussed problem here - free software vs. open source, philosophy vs. implementation, theory vs. practice and so on... Nothing new really.

      But what strikes me is that (it is an subjective impression) Stallman tries to force this license (I don't like it). It looks to me like he thinks that he knows better that you SHOULD use it. I think developers are not so dumb and they will use whatever license they like for their project. With this in mind when producing license you should consider practical merits instead of philosophical ones - after all the license serves practical purposes. What is the point of producing something, then evangelising it that nobody will use?

      For me patents are bigger and practical problem (we all agree that software/implementation patents are bad - do we?) than DRMed hardware - why not focus on these merits and come up with something usefull instead of rushing into controversial merits that are not so revelant?

    6. Re:Closing OSS by Anonymous Coward · · Score: 0

      Where do you think the software runs, genius?

    7. Re:Closing OSS by Anonymous Coward · · Score: 0

      The "hardware" vendors are selling software -- or do you think these devices are just a bunch of hardwired logic?

    8. Re:Closing OSS by Talchas · · Score: 2, Insightful

      Because the hardware vendors are (one assumes) writing software for their devices that uses GPLed code.

      --
      As the Americans learned so painfully in Earth's final century,free flow of information is the only safeguard against...
    9. Re:Closing OSS by Anonymous Coward · · Score: 0

      Why is the Free Software Foundation trying to tell hardware vendors what to do?

      Show me a piece of software that runs without any hardware. Show me a piece of computer hardware that has no program logic of any kind.

    10. Re:Closing OSS by EvanED · · Score: 2, Interesting

      So, while the GPL crowd says they are promoting freedom...looking at it from a different perspective they are actually putting in constraints.

      This is what the GPL has *always* done, just now it's starting to affect hardware instead of just other software. I can't take the Linux kernel and turn it into a closed-sounce app. That's a constraint, and it's imposed by the GPL. This doesn't mean it's a bad thing by any stretch of the imagination. I can't take something that's under the GPL and link it in with this amazing closed source library that I want to use. Again, it's a constraint imposed by the GPL. Just like what you say the GPL v3 is doing to hardware, the GPL v2 is constraining software "in its ability to allow certain types of designs."

      So you say "which way do you think the Free Software Foundation is going to lean," but to frame this as a hardware vs. software battle is misleading at best and, I would say, wrong. It's about determining the right balance between constraints so that the software is free enough to modify, the hardware is free enough that you can do most stuff with it, but not so free that the software could be made unfree later. If that makes sense.

      This relates to the BSD license vs GPL debate that comes up periodically. The BSD license really is more free than the GPL. It has only four restrictions and, I think, all four are present in the GPL. This means that I can do anything with BSD code that I can with GPL code, but because of the restrictions the GPL places on compiling with closed source libraries and whatnot, I can also do a lot MORE with BSD code. Note that this doesn't necessarily mean that the BSD is a better license though, because companies can come in and swipe BSD code and put it into their propriatary product, thus not giving back to the community. Depending on your personal philosophy as a developer, that may or may not be okay. And while I think any debate over which license is freer makes about as much sense as debating wheteher 1+1=2 or 3, what people are really talking about (at least on the GPL side) is which promotes free software better. And the GPL does this very well. But to do it, it has to add constraints. It's becoming increasingly evident that those constraints have to encompass hardware restrictions instead of just software. But there's no change in philosophy here really.

    11. Re:Closing OSS by Jah-Wren+Ryel · · Score: 1

      For me patents are bigger and practical problem (we all agree that software/implementation patents are bad - do we?) than DRMed hardware - why not focus on these merits and come up with something usefull instead of rushing into controversial merits that are not so revelant?

      Perhaps because we don't all agree that DRM issues "are not so relevant." For one thing, software patents are already entrenched in the USA. We can keep them out of Europe, but ripping them out of the USA is a huge undertaking.

      DRM is not so entrenched, yet. But if we ignore it, it may well get there too and then we've missed the chance to kill it before it grows.

      Besides, proponets of DRM have the goal to directly impeded the lives of just about every single person in the country and eventually the entire planet. Software patents only have an indirect effect on the population at large by retarding progress in software development.

      --
      When information is power, privacy is freedom.
    12. Re:Closing OSS by kcbrown · · Score: 2, Insightful
      In one sense, the GPLv3 is allowing software to be free of hardware lock in and be free in all circumstances. In another sense, it is constraining hardware in its ability to allow certain types of designs. So, while the GPL crowd says they are promoting freedom...looking at it from a different perspective they are actually putting in constraints. It is all a matter of perspective.

      Man, you guys suck.

      Say I'm the government. I pass a law that says that you cannot legally hold another sane, cognizant person hostage on your property against their will.

      Have I restricted your rights, or protected theirs?

      It should be obvious: your rights end where my person and/or my property begins. Therefore, in the above example, I am protecting the rights of others. That I had to restrict your actions to do so is irrelvant, because your actions would infringe on the rights of another.

      In the case of the GPL v3, it is protecting the rights of everyone by mandating the actions of a few. The only kind of "liberty" it is suppressing is the liberty to take away someone else's freedom.

      If you can't tell the difference between those two types of freedom, or believe that the freedom to restrict the liberty of others is at least as important as the freedom to otherwise do what you want, then you are truly lost.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    13. Re:Closing OSS by kcbrown · · Score: 1
      Say I'm the government. I pass a law that says that you cannot legally hold another sane, cognizant person hostage on your property against their will.

      Here I mean an adult. Children are obviously an exception.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    14. Re:Closing OSS by marcosdumay · · Score: 1

      Well, you may want to control what runs on YOUR hardware. But you won't be able to control how people run MY software because it is GPLv3. If you want control, you must reimplemnt it. That is the point of the DRM clause.

      Yes, it will nedd to be accepted by the developers, but it probably will. Any text released as the next GPL will probably be accepted, if nothing more*, because of problems on sharing code on the older version. That fact is also probably responsible by that your sensation that RMS is forcing you to use the license. In fact, he isn't, he is just publishing some drafts on his website, ans asking for comments. RMS is pusshing the license on no one, but the community is making the transition anyway, and you get dragged.

      Anyway, don't think that RMS doesn't know better. He almost always does. That is why GPLv2 is so sucessfull.

      *There are lots of 'mores' on GPLv3. The DRM clause is just one of then, and a not very important one addition on my opinion.

    15. Re:Closing OSS by kosmosik · · Score: 1

      You like being dramatic... :)

      > Besides, proponets of DRM have the goal to directly impeded
      > the lives of just about every single person in the country
      > and eventually the entire planet. Software patents only have
      > an indirect effect on the population at large by retarding
      > progress in software development.

      I don't know what you are talking about. DRM? Well fuck it. Don't use it. It is just as simple - no other answer. You cannot prohibit it, but you can boycott it.

      I don't see any problems with DRM. I am full time computer user of loads of devices. I work primary in IT to support myself. And yet still I haven't encountered ANY problems regarding DRM. But I did encountered problems with patents - like distro I use does not have MP3 support, and so on. GPL is *SOFTWARE* license - it should not get into hardware issues.

    16. Re:Closing OSS by Jah-Wren+Ryel · · Score: 1
      I don't know what you are talking about. DRM? Well fuck it. Don't use it. It is just as simple - no other answer. You cannot prohibit it, but you can boycott it.
      You might think so.

      You might be wrong.

      Here's an example. One of the copy-prevention measures in blu-ray is that each disc must have a cryptographically secure id that indicates the manufacturing plant which stamped it out. Else the players won't play them. That means that if you want to distribute your own videos on blu-ray, you must go get your discs manufactured by one of these officially licensed plants. Else your stuff won't work. Today, BLU-RAY is a molecule of H2O to the bucket of water that is DVD. But Sony sure as hell wants BLU-RAY to dominate like DVD has.

      So, today you can avoid being impeded by DRM. But if Sony's wet dream comes true, anyone who wants to publish a hi-def video would have to suffer the effects of Sony's DRM, they would have no choice.

      Similar risks are very evident with the whole "untrustworthy computing" campaign which is just another flavor of DRM.

      You can say that worrying about those issues is being dramatic. I'll say that you are ignoring clearly stated business plans from some of the biggest companies on the planet.

      And yet still I haven't encountered ANY problems regarding DRM.
      Gee, how does this contradict my statement that DRM is not yet entrenched?

      But I did encountered problems with patents
      And how does this contradict my statement that software patents are entrenched?

      GPL is *SOFTWARE* license - it should not get into hardware issues.
      What hardware issues are that? DRM is a software issue. Really. You are just drawing arbitrary lines down the middle of software and saying "this side is software software" and "this side is hardware software."
      --
      When information is power, privacy is freedom.
    17. Re:Closing OSS by kosmosik · · Score: 1

      > Here's an example. One of the copy-prevention measures in blu-ray is that each disc must
      > have a cryptographically secure id that indicates the manufacturing plant which stamped
      > it out. Else the players won't play them. That means that if you want to distribute your
      > own videos on blu-ray, you must go get your discs manufactured by one of these officially
      > licensed plants. Else your stuff won't work.

      So Sony is basically shooting itself in foot again (CF, MiniDisc and whatever own format they come up with). I don't really care AFAIK BLU-RAY has alternative - so they are going to make their media more expensive (since the market will be controlled there will be no real competition and prices will be high). I don't care really - that mean I will not use BLU-RAY since it will be more price ly. Simple.

      > Today, BLU-RAY is a molecule of H2O to the bucket of water that is DVD. But Sony sure as hell
      > wants BLU-RAY to dominate like DVD has.

      > So, today you can avoid being impeded by DRM. But if Sony's wet dream comes true, anyone who
      > wants to publish a hi-def video would have to suffer the effects of Sony's DRM, they would
      > have no choice.

      But actually they have, a choice. HD-DVD has such restrictions?

      (...)

      > Gee, how does this contradict my statement that DRM is not
      > yet entrenched?

      It doesn't - I just think that we have other problems with GPL that should be adressed now, not DRM.

    18. Re:Closing OSS by Jah-Wren+Ryel · · Score: 1

      Simple.

      Only if you are dense.

      Let me spell this out, since descriptive illustrations seem to be too complex to grasp.

      C
      A
      R
      T
      E
      L

      It is Sony's stated goal to dominate the market. If they acheive that goal, there will be NO OTHER VIABLE CHOICES. Just as today there is NO OTHER VIABLE CHOICE besides DVD.

      You might dispute whether Sony will acheive that goal, but you would be missing the forest for the trees. Sony is just one example among many of what you dismiss as "dramatic."

      It doesn't - I just think that we have other problems with GPL that should be adressed now, not DRM.

      Well, really, really short attention spans seem to be a problem too. You go work on those other problems that you think are important. The rest of us will work on the problems we think are important.

      --
      When information is power, privacy is freedom.
    19. Re:Closing OSS by labratuk · · Score: 1
      So, while the GPL crowd says they are promoting freedom...looking at it from a different perspective they are actually putting in constraints.

      Well done, you've achieved the level of 'tenth-grade politics class'.

      "Without rules, we have no freedom."
      --
      Malike Bamiyi wanted my assistance.
    20. Re:Closing OSS by labratuk · · Score: 1
      Why is the Free Software Foundation trying to tell hardware vendors what to do?

      Because the hardware vendors are using FSF licenced software in their products.
      --
      Malike Bamiyi wanted my assistance.
    21. Re:Closing OSS by ScrewMaster · · Score: 1

      It can be modified, but not run - and, to me at least, running is the ultimate point of software.

      Well, yes and no. To a programmer (indeed, to society as a whole) the ultimate point of open-source software is that the knowledge, experience and technique embodied in that software is not lost or otherwise taken out of circulation. There are, I am sure, some absolutely brilliantly-designed and implemented routines in Microsoft Windows. But the world will never know about them, nor will other software development efforts be able to benefit from that brilliance. That may or may not be to Microsoft's advantage, but it is certainly not to everyone else's. I agree, the ability to modify the operating software of a specific device and still use it is very important, but it is not the only relevant perspective, nor is it the most valuable aspect of open source. Any developer who has Googled for some useful free source code has benefited from the FOSS ideals: it allows all of us to stand on the shoulders of giants.

      --
      The higher the technology, the sharper that two-edged sword.
    22. Re:Closing OSS by roman_mir · · Score: 1

      I predict that GNU GPL v3 will force DRM to appear in hardware faster, than it would have without GPL v3.

      See, if hardware manufacturer is forced by the license to have a completely unrestricted functionality, the hardware manufacturer sooner will go with a completely closed system (Windows? Modified BSD?) rather than going with a GPLed Linux. (I know if I were a hardware manufacturer, I would.) Only worrying about supporting closed systems like that will come at a price, because those systems will have DRM and the hardware will have to adhere to the DRM standard supported by those systems.

  6. on the other hand by ptr2004 · · Score: 5, Insightful

    Say I'm a hardware consumer. I decide I love some particular piece of hardware and buy it with my hard earned money. But when I try to run one particular version of open source software customized for me, it doesnt run because the hardware complains it is not validated.

    1. Re:on the other hand by Anonymous Coward · · Score: 0

      Orrrr....

      The hardware vendor allows you to run a non "certified" version of the software.

      The software doesn't work.

      Now the hardware manufacturer starts getting calls from customers who have borked their hardware, and want support....

      I can see both sides of this story.

      Easy enough solution.

      Send it out with a "verified" version of the software. Include in your purchase licensing, and warranty, that unsupported software will void the warranty. That way, when they call in, you tell them they broke it, too bad.

      Easy enough.,

    2. Re:on the other hand by ClosedSource · · Score: 4, Insightful

      Then either you live with it or you vote with your feet and not buy hardware from that company again.

    3. Re:on the other hand by PCM2 · · Score: 1
      Say I'm a hardware consumer. I decide I love some particular piece of hardware and buy it with my hard earned money. But when I try to run one particular version of open source software customized for me, it doesnt run because the hardware complains it is not validated.

      Sure, but look at it this way: Say I buy a car from Manufacturer A. Then I take the car and fill up its tank at Gas Station X. But what if ... OK, OK, I'll stop now.

      --
      Breakfast served all day!
    4. Re:on the other hand by Bob+535604 · · Score: 1

      Exactly. It would be great if all hardware manufacturers would let anyone put custom software on their platforms, but putting these restrictions on the GPL isn't going to suddenly cause all the manufacturers to migrate en masse to GPL software...if anything they would avoid it.
      The only way to encourage companies to do this is by supporting companies that already do this.

    5. Re:on the other hand by maxume · · Score: 1

      Which is the point of the clause in gpl3, either the hardware companies live with it or don't use that software.

      Linus's point is probably more that he doesn't think that this is useful behavior from a software developer, not that he thinks hardware should be closed.

      --
      Nerd rage is the funniest rage.
    6. Re:on the other hand by Anonymous Coward · · Score: 1, Insightful

      Right on. What is happening with this issue is that the FSF is trying to broaden the scope of the GPL to push a particular world view. Having a particular world view is fine. I even tend to agree with a lot of what the FSF talks about and stand for. Still, the hardware fight is a seperate fight. There is tremendous value in having open access to source even if a particular device does not allow modified versions of the source to run. Access to source will make manufacturers more accountable and subject their devices to open peer review. What will happen if the FSF gets its way is that manufactures will simply not use OSS code at all. Not only will the user not be able to modify the code, there will also be no open code to look at. The FSF will lose and users will be back where they were before there ever was a GPL. This whole issue speaks to the arrogance of the people running the FSF. They come across like a bunch of Bushies in this instance- a small group of people who can't see the forest for the trees because of small-group polarization. I say fight the war against DRM, but don't screw with the GPL. DRM is a seperate fight. If you don't like DRM then don't buy or use devices that implement it. Linus is right on with this issue.

    7. Re:on the other hand by Anonymous Coward · · Score: 0

      And then you live a joyfull live with the telephone that can't call anyone, the television that can't display anything, the radio that's mute, the NIC that can't send packets, but you are free to choose, after all, you live in a bubble, the fact that most interesting devices get tied to proprietary formats and DRM can't bother you.

      You're an autist. You can vote with your feet. You alone are responsible for your freedom.

      Nice world to live in, heh?

      Besides, if a vendor want's to use my GPLv3 code in his hardware and gets mad at his customers if they change our software (not his), well, screw him.

    8. Re:on the other hand by TrekkieGod · · Score: 1
      putting these restrictions on the GPL isn't going to suddenly cause all the manufacturers to migrate en masse to GPL software...if anything they would avoid it.

      Yes, and that's what they should do, avoid it. Not use the software written by someone who has licensed it with the specific intent of allowing people to run modified versions of it while using some loophole that prevents people from doing exactly that.

      --

      Warning: Opinions known to be heavily biased.

    9. Re:on the other hand by evanbd · · Score: 1
      I agree. Mostly. And, given that scenario, I would indeed choose one of those options.

      However, it's important to realize that because there are fewer manufacturers than there are consumers, and they often work together on decisions like this, an individual consumer has a lot less power than an individual manufacturer in shaping what products are out there. It might not be possible for me to buy an equivalent, non-DRM product.

      This license is a way for a group of individuals to get together and bargain collectively, and thereby increase their power in the transaction to something closer to on par with the large corporations.

      Unlike RMS, I don't believe I have a human right to run my software on hardware you're selling, and that it's immoral of you to try to stop me. But, I do want to be able to, and it matters to me. So, I plan to use this license as a bargaining tool by releasing software I write under it.

      I don't mean to force anyone else to use this license, and I certainly see reasons for using GPLv2 or BSD-type licenses. They just aren't my reasons. I plan to vote not only with my wallet and my feet, but with the license of the software I write. If you don't want to do that too, that's fine, you're certainly welcome to make your own choices.

      (All that said, I find it unlikely that the software I write will be relevant one way or the other -- it's not media-handling stuff, or a kernel or compiler, or anything else likely to hit DRM restrictions. But I plan to voice my opinion by using the GPLv3 on it, assuming I like the final draft.)

    10. Re:on the other hand by Julian+Morrison · · Score: 1

      Wielding GPL3 as a way to commercially corner reluctant vendors into releasing lock-free hardware is a form of voting with your feet. They, too, are free to strand themselves in the land of the expensively and laboriously reinvented wheel.

    11. Re:on the other hand by ClosedSource · · Score: 1

      In theory that's great, but in practice the available "wheels" often don't fit on the car and after spending a lot of time pounding them into shape you wonder if reinvention might have been a better approach after all.

    12. Re:on the other hand by Stalyn · · Score: 1

      You mean the same way we supposed to vote with our feet when it comes to ISPs not backing net neutrality? All it takes if for the top 6 hardware manufactures to back DRM and it's over. You think the average person cares about free software? Hell the average person doesn't really even care about free speech. GPLv3 is an attempt to fight a war that can't be won traditionally, i.e. voting with our feet. We must resort to guerilla type methods.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    13. Re:on the other hand by ClosedSource · · Score: 1

      "All it takes if for the top 6 hardware manufactures to back DRM and it's over."

      If you hold a minority opinion and the minority is so small, weak, or unmotivated that nobody in the group is capable of producing devices that are compatible with the group's philosphy, then it's not likely that changing the terms of the GPL is going to have any effect either.

    14. Re:on the other hand by Stalyn · · Score: 1

      No.

      1. Majority is unwilling.
      2. Minority is not as powerful as the majority.
      3. Minority must use different tactics than the majority.

      A dedicated and motivated minority certainly has ability to cause change but such a minority will not be successful via methods like "voting with their feet". I never said a vocal minority will be ineffective I just said that using methods that only work for majorities will be ineffective.

      It'd be preferable if we could get the majority onboard and rally against DRM-like technologies but I have my doubts. In any case if the majority does eventually join the minority against DRM, wouldn't GPLv3 already be in line with the majority opinion?

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    15. Re:on the other hand by Anonymous Coward · · Score: 0

      Obviously, if the vendor claimed it runs non-validated software but doesn't in practice, then they are wrong. Otherwise you bought the wrong product. Checking the product's specification is a sensible practise anyway.

    16. Re:on the other hand by Rich0 · · Score: 3, Insightful

      What will happen if the FSF gets its way is that manufactures will simply not use OSS code at all. Not only will the user not be able to modify the code, there will also be no open code to look at. The FSF will lose and users will be back where they were before there ever was a GPL.

      How is this a loss for the FSF? Manufacturers might not use GPL software, but this will come at a cost that will need to be passed onto consumers. Other manufacturers might continue to use GPL software with the added strings, and they might have a lower cost basis, and therefore a marketplace advantage.

      All those manufacturers use GPL software right now because it works well and it is free-as-in-beer. Those two incentives will still remain, and having your product 80% done before you start on it with no licensing costs is an advantage that will not lightly be dismissed.

      If you don't like DRM then don't buy or use devices that implement it.

      Well, until there are no devices that do not implement it. In fact, the new GPL will help raise the costs of DRM hardware (due to the need to potentially license another OS and/or deal with a less mature product than GPL software) - which will help slow its adoption and make those devices that don't implement it a little more accessible.

      In any case - there is nothing to fight over. If you don't like the new GPL don't use it - just don't expect much help from those who do use it or the ability to leverage their software.

    17. Re:on the other hand by Anonymous Coward · · Score: 0

      "Those two incentives will still remain, and having your product 80% done before you start on it with no licensing costs is an advantage that will not lightly be dismissed."

      More like having your product 20% done with 80% more code bloat.

    18. Re:on the other hand by Anonymous Coward · · Score: 0

      I will do that and make sure the HW vendor cannot use software I wrote.

    19. Re:on the other hand by Leokoko · · Score: 1

      Then you may "port" your open hardware to an open software (ie one not performing any checks) if you like ;)

  7. not surprising by Peter+La+Casse · · Score: 2, Interesting

    It's not surprising that Linus isn't crazy about GPLv3, because he's not crazy about the GPL in general, in the way that RMS and the Free Software folks are. He's into Linux for the engineering, not to Free the software world.

    I am curious about why he chose the GPL and not something BSD-ish for Linux.

    1. Re:not surprising by linvir · · Score: 4, Insightful
      http://en.wikiquote.org/wiki/Linus_Torvalds
      "Making Linux GPL'd was definitely the best thing I ever did."


      http://hotwired.goo.ne.jp/matrix/9709/5_linus.html

      I'm generally a very pragmatic person: that which works, works. When it comes to software, I _much_ prefer free software, because I have very seldom seen a program that has worked well enough for my needs, and having sources available can be a life-saver.

      So in that sense I am an avid promoter of free software, and GPL'd stuff in particular (because once it's GPL'd I _know_ it's going to stay free, so I don't have to worry about future releases).


      In other words, Linus likes the GPL for the actual reasons that it is a good license, not out of any kind of narrow-minded 'software ideology'.
    2. Re:not surprising by NonSequor · · Score: 1

      One aspect of the GPL is that it ensures that the author of the software gets to make use of all of the modifications other people make to the software (well, except for changes which aren't distributed, but that's no big deal). This is a more selfish approach to the GPL, but I think it's a completely valid one.

      --
      My only political goal is to see to it that no political party achieves its goals.
    3. Re:not surprising by tiocsti · · Score: 1

      The original author of the software does not necessarily get changes in the GPL. You're required to provide source to your end users, and you cant prohibit them from passing source along to upstream, but there's no requirement whatsoever to make the source generally available.

    4. Re:not surprising by Phillup · · Score: 1

      He's into Linux for the engineering, not to Free the software world.

      Actually, I think he is being very consistent.

      As a programmer he wants to be able to do exactly what he wants with software he writes. And he believes all programmers should be able to do that.

      So, if a programmer wants to close his source... that is fine. It is the programmer's software.

      And, hardware is treated the same way. The "person" that creates it gets to set the rules on how it is used.

      Live or die by that choice.

      I am curious about why he chose the GPL and not something BSD-ish for Linux.

      Because his choice of payment for using his code was sharing your modifications to his code. BSD like licenses do not compel reciprocation.

      --

      --Phillip

      Can you say BIRTH TAX
    5. Re:not surprising by muyuubyou · · Score: 1, Troll

      Times change. The FSF has radicalized their "freedom through coercion" views and is complicating GPL over what's necessary. The more you complicate a license, the more fair use "collateral-damage" you get. There are fair uses for hardware validation, you can't just rule them all out. If your hardware vendor screws you, buy from another one.

    6. Re:not surprising by Rhett's+Dad · · Score: 1

      I'm guessing the GPLv2 at least ensured him some level of "keep my open source stuff open", whereas the BSD might not have.

      I kind of follow his argument, from a business perspective regarding its product's quality reputation ("guaranteeing it will function as advertised").

      I personally don't see a problem with GPLv3 including such a restriction. To me, it looks to just mean that coders who want their own code on the GPLv3 license will not likely see it used on a hardware product from a business that wants to include such restrictions... they'll have to look for other code to use in their product (maybe GPLv2 code, maybe Linux). At the end of the day, the GPLv3 coder made his choice, the GPLv2 coder made his choice, and the business made its choice. Looks to me like having both GPLv2 and GPLv3 available in the world just means more choices.

      I'm still smirking at the fact that Linus' opinion of each GPLv3 draft seems to be the first litmus test that all the talkers look to, as in "will you buy v3 now, Mr. Linus?". Linux is one project (albeit very big and very important all around), but as its one project, Linus has to consider the versions' different impacts on the lifeblood of his project. Other v2 projects will be looking at v3 with the same scrutiny before choosing whether to take the plunge or not.

      I think we need to give Linus a break from these repeated knocks at his door. Are we hounding the Apache and Mozilla guys like this, "will you buy v3 now, Mr. Mozache?".

      --
      Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
    7. Re:not surprising by Aeomer · · Score: 1

      Linus most likely saw the GPL as a quick way to get what he wanted, but he then either failed to look at or was not aware of alternatives. It's people who blindly buy iPod thinking it's the best - look around and you find better can be had. ;-)

    8. Re:not surprising by ClosedSource · · Score: 1

      That's an important point because it's often argued that the use of the GPL will mean that improvements will benefit the free software community, but it's not necessarily so.

    9. Re:not surprising by hotdiggitydawg · · Score: 1

      he's not crazy... in the way that RMS and the Free Software folks are

      Well to be fair, at least RMS looks the part.

    10. Re:not surprising by phantomfive · · Score: 1, Redundant

      I don't know what you mean by 'software ideology.' Linus says he likes to have the source code to his software. RMS also likes to have the source code to his software. All the stuff RMS has done is for one purpose only, to ensure that we will have source code to modify in the future. It is a very practical goal. The GPL is a good licence because it was made to be practical, not out of some mythical ideology.

      --
      Qxe4
    11. Re:not surprising by Anonymous Coward · · Score: 0

      RMS not pushing an ideology? What you been smoking today...

    12. Re:not surprising by zotz · · Score: 1

      I don't think that is quite it.

      If they suppy source with the product or binary, end of story. (You are right that it's not necessarily so in this case.)

      If they only give the written offer for source and the upstream gets wind of the situation, they can request source under the "any third party" bit from 3.b. (It is less likely that you are right in this case, but it is still possible if the upstream people never get wind of the transaction.)

      Yes? No?

      all the best,

      drew
      (da idea man)

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    13. Re:not surprising by marcosdumay · · Score: 1

      Well, it takes a lot of that 'narrow-minded' ideology to see the big picture and create a good license.

      But you really don't need it to recognize a good license.

    14. Re:not surprising by kripkenstein · · Score: 1

      "In other words, Linus likes the GPL [v1,v2] for the actual reasons that it is a good license" ('v1,v2' clarification mine)

      And this is precisely the problem. Ignoring my personal view of the GPL v3, the simple fact is that we have the single most important person in the single most important GPL'ed project unapproving of the GPL v3 draft. This is exactly what we do NOT want to see happening.

  8. A more interesting quote by linvir · · Score: 1

    The real problem was and is that there are lots of people who disagreed with the FSF on issues (mine was the definition of source code, while I know that some commercial entities felt that the patent language was totally unsupportable). And the FSF took that input, and then totally ignored it.

    So as far as I can tell, the whole GPLv3 "process" has been a sham from the very beginning. Eben and Richard talk about "discussion drafts", but it's not "discussion" if you don't actually care what the other side says. And Richard most definitely doesn't care (Eben probably does, but has no actual say in the end result).

    So forget about this whole "community input" thing. Input has been given, and then duly ignored.

    That said, I'll wait for some hint on lkml that any of this actually is Linus before I attribute it to him.

    1. Re:A more interesting quote by Hope+Thelps · · Score: 1
      So forget about this whole "community input" thing. Input has been given, and then duly ignored.

      If it really was Linus who said that then it's a ridiculous comment for him to make. You might as well say that there's no community input to the kernel if Linus refuses to accept my latest brilliant idea. Discussion and input don't mean promising to do whatever someone else says.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    2. Re:A more interesting quote by Anonymous Coward · · Score: 0

      With Stallman, you are pretty much guaranteed that he won't do anything anyone else suggests. He is the poster child for fanaticism. The FSF is Stallman's pulpit. There is nothing open or free about the FSF.

      In contrast, Linus is a pragmatist.

  9. Linux runs on everything by arghileh · · Score: 0

    At least that what we used to be able to say until some hardware company decides to implement this wierd scheme that Linus is advocating. If i buy some hardware i do not always want to run the software that it comes with, like say Solaris/Sun or Microsoft Windows XP/Dell. I do not want Dell dictating to me which OS or distribution i run on MY hardware.

  10. And who generates the signature ?? by Anonymous Coward · · Score: 2, Insightful

    What if the only binaries whose cryptographic signature matches happen to be binaries that come out of Redmond?

    Or, even more likely- that the only machines that are permitted to license Redmond binaries are required to enforce that only
    Redmond binaries will run.

    In that case, goodbye Linux. Goodbye BSD. Goodbye everything except a world of unending data held hostage.

    This needs to be stopped. Now.

    1. Re:And who generates the signature ?? by diegocgteleline.es · · Score: 1

      This needs to be stopped. Now.

      Is not that Linus doesn't think that it should be that way. He just thinks that a sofware license is the wrong way to do it.

      This issue is interesting. Could we also turn the GPL into a license that goes even beyond? Why not force the users of a wiki licensed under a GPLv3 license to license the text they write in their wiki under the FDL, just because the wiki software is GPL?

      I think this is ridiculous. The GPL should not take into saying what hardware vendors can do. We need to get rid of DRM, but using the GPL for that is ridiculous - it goes beyond what software is.

    2. Re:And who generates the signature ?? by Phillup · · Score: 1

      What if the only binaries whose cryptographic signature matches happen to be binaries that come out of Redmond?

      Then everyone you know would be making fun of you for being so stupid as to buy a computer that doesn't do what you want it to do.

      That is what I don't get about all of the responses in this thread.

      Hello people... if all they are selling is shit... spend your money on something else.

      Nobody is going to make you buy these things.

      And no manufacturer that trades on a U.S. stock exchange will risk the value of their stock plummeting because everyone decided not to upgrade until something more palatable comes out.

      --

      --Phillip

      Can you say BIRTH TAX
    3. Re:And who generates the signature ?? by Anonymous Coward · · Score: 0

      Man, when you talk like that about Redmond the images from Mordor come to my mind....

    4. Re:And who generates the signature ?? by ClosedSource · · Score: 1

      You're right. The GPL is just a license, not the law of the land. Like all licenses the parties that have not agreed to the GPL aren't in any way bound to follow it.

    5. Re:And who generates the signature ?? by suggsjc · · Score: 1
      Trolling...
      Nobody is going to make you buy these things.

      Except through the taxes we pay that "indirectly" support the big corps
      --
      When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
    6. Re:And who generates the signature ?? by EvanED · · Score: 1

      If that's gonna happen, whatever the GPL says isn't gonna stop it.

      This is an ideological debate I think, not one that is going to have significant real-world impact. The patents clause in it might, but I don't think the DRM one will.

    7. Re:And who generates the signature ?? by EvanED · · Score: 1

      Then everyone you know would be making fun of you for being so stupid as to buy a computer that doesn't do what you want it to do.

      What if every manufacturer does this?

      That solves this problem too:

      And no manufacturer that trades on a U.S. stock exchange will risk the value of their stock plummeting because everyone decided not to upgrade until something more palatable comes out.

      If the manufacturers agree to do this -- especially if they can get congressional support that all computers made have to check the binary checksum (hey, they got through the DMCA...) -- then you're SOL. It's upgrade or stay with what you have.

      Believe what you like, but you can't find a free market anywhere...

    8. Re:And who generates the signature ?? by dbIII · · Score: 1
      Or, even more likely- that the only machines that are permitted to license Redmond binaries are required to enforce that only Redmond binaries will run.
      It is unlikely - becuase not a great deal of computer hardware is actually made in the USA anymore so silly anti-competive laws dreampt up by a tax dodging Hollywood will not be paticularly relevant. There will be unlock codes that the rest of the world can use - just like the silly DVD stuff, and it will probably be perfectly legal to use the unlock codes in the USA as well so long as the hardware actually comes from elsewhere. I don't think the GPL is the place to fight some silly domestic IP laws. Go talk to your representatives and get the whole DRM thing discarded. The entire IT industry dwarfs Hollywood and those IT companies that actually want DRM. You can't blame Microsoft on this one, they don't have much to do with it.
    9. Re:And who generates the signature ?? by The_Wilschon · · Score: 1

      Yes, if they have not agreed to the GPL, they are not bound in any way to follow it. However, in not agreeing to the GPL, they are also preventing themselves from using the software. When installing something on windows, you get the little "here is your bend over and take it EULA" dialog, and if you don't click "accept", the installer (unless it is badly written) does not install the software.

      I can decide I don't want to be bound by the doorframe, and thus I won't enter the door. But then how am I going to get into the room? I get arrested if I bust the window or make a hole in the wall. The door is just a door, not the law of the land. But use of anything else to get into the room is prohibited by the law of the land.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    10. Re:And who generates the signature ?? by ClosedSource · · Score: 1

      "Yes, if they have not agreed to the GPL, they are not bound in any way to follow it. However, in not agreeing to the GPL, they are also preventing themselves from using the software."

      That's OK because they don't really need the software.

  11. Linus Doesn't Get It by concord · · Score: 4, Interesting

    Linus is becoming less and less relevant as time goes by. He probably thinks that the entire community is contributing to GNU/Linux because they like him personally. What good does free software do us if we cannot modify it and continue to run the modified code? We already don't own many of the things we buy - proprietary software, music, movies and many other things. Now we won't own (control) the hardware we purchase either?

    If GNU/Linux had started 20 years later than it did this wouldn't even be an issue. DRM would've killed it before it even got off the ground. Linus would just be the name of a Peanuts character.

    Think damn it, think!

    --
    MFG: "The system supports both the LAMP (Linux, Apache, MySQL, PHP) and WIMP (Windows, IIS, MySQL, PHP) platforms."
    1. Re:Linus Doesn't Get It by maxume · · Score: 1

      Is Linus relevant? It will be interesting to find out. I don't think that answer is the foregone conclusion that you seem to think it is.

      As far as DRM being a problem, it will only be a problem until laws are changed to not make it a problem anymore. The any toehold is doom scenario being painted is somewhat ridiculous.

      --
      Nerd rage is the funniest rage.
    2. Re:Linus Doesn't Get It by diegocgteleline.es · · Score: 1

      He probably thinks that the entire community is contributing to GNU/Linux because they like him personally

      "He probably thinks"? Wow. And you got moderated +4?

      BTW, I find what Linus says completely reasonable. He says that GPL has no bussiness in forbiding vendors from locking you in a hardware platform. I completely agree. GPL is a SOFTWARE license. Getting the GPL to rule what hardware can do is very dangerous - losing support from hardware makers like IBM, Intel, HP, for example. And it's not that what the GPL tries to do is wrong, is just the WRONG way to do it.

    3. Re:Linus Doesn't Get It by Ohreally_factor · · Score: 1

      Thank you. The FSF is overreaching. While not wanting hardware makers to lock in software is a fine sentiment, it hasn't any business in the GPL, just as forcing non-distributing users to release changes under a tortured re-definition of distribution has no business there. Why not require or force hardware manufacturers to release their hardware designs if they want to use GPL code? Where does it end?

      Many people here on slashdot point out the evils of DRM incrementalism (to coin a phrase). Which version of the GPL will require that documents and files created by GPLed applications must be released under the GPL?

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Linus Doesn't Get It by Cal+Paterson · · Score: 2, Insightful

      Linus is becoming less and less relevant as time goes by.

      What utter bullshit. I disagree with him, but that doesn't make him any less relevant. If everytime RMS said something I disagreed with, and I called him "irrelevant" that would be stupid along the same lines.

      It's akin to saying Jefferson isn't relevant anymore, because he's dead. So obviously we should ignore his views on the constitution.

      Now there are companies involved, all of a sudden the original volunteers that built the community from the ground up "aren't relevant". Disagree if you will (I do) but quit mouthing shit. Thankyou.

    5. Re:Linus Doesn't Get It by metamatic · · Score: 1

      GPLv3 doesn't forbid vendors from locking you into a hardware platform.

      It simply ensures vendors can't stop you from changing GPLv3 software and using the changed code on your hardware.

      If they want to lock you into a hardware platform, they can use non-GPLv3 software.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    6. Re:Linus Doesn't Get It by concord · · Score: 2, Insightful

      I don't think the FSF is overreaching at all. They are simply providing developers that which is required for the fruits of their labor to survive in a potentially hostle environment of selfish interest and greed.

      Their goal is the preservation of software freedom against a potential onslaught of patent and digital "rights" management technology. Technology which will no doubt enable business that want to the ability to userp the work others have done, make tons of money and offer nothing back except lock-in.

      Remember, it was a proprietary printer driver (software) that started the whole free software movement. Having open source printer drivers and drm protected proprietary hardware that requires a certain "signed" binary would not be any better. If we allow this to happen it will be as if we've learned nothing from the past.

      --
      MFG: "The system supports both the LAMP (Linux, Apache, MySQL, PHP) and WIMP (Windows, IIS, MySQL, PHP) platforms."
    7. Re:Linus Doesn't Get It by kosmosik · · Score: 1

      > Linus is becoming less and less relevant as time goes by.

      Yeah, right. Pointless point - not to argue with its merit but it does not really matter if he is revelant or not. It makes no difference for your argument. Only purpose is FUD so I will ignore that. :)

      > He probably thinks that the entire community is contributing to GNU/Linux because they
      > like him personally.

      I think he does not. I think he knows that there are:
      - hackers who just like to do this and like *Linux*
      - companies made by hackers which benefit from such model (Red Hat f.e.)
      - companies that use the code and therefore need to contribute

      In fact now it does not merit at all if he matters or not. He stated like 10000 times, that he made Linux open from personal reasons (it allowed him to speed up the developement, get peer review and so on - just the normal benefits of open source) and he stated he does what he feels is right, if somebody has other vision he is free to fork the code (but constrained by GPL) and do whatever he wants.

      Note that when saying "Linux wont use GPL3" he means Linux - the product to which he has copyright for the name and so on. Not so stupid. :) You can fork Linux and given that you get permission from others that contributed (can be difficult since some of them are dead and so on) you can change the license to WHATEVER you want, but it can't be called Linux (call it GPL3nux). :)

      He is perfectly sane and clear on that for me. But back to practical merits.

      > What good does free software do us if we cannot modify it and continue to run
      > the modified code? We already don't own many of the things we buy - proprietary
      > software, music, movies and many other things.

      Don't buy them - nobody FORCES you to buy this stuff, you do it with your own choice.

      > Now we won't own (control) the hardware we purchase either?

      No. I will. Don't know about you - but I don't buy hardware that I cant make use of - that would be stupid.

      > If GNU/Linux had started 20 years later than it did this wouldn't even be an issue.
      > DRM would've killed it before it even got off the ground. Linus would just be the
      > name of a Peanuts character.

      Yeah. "If {useless assumption}..." - that is an argument. Really. Good, practical, solid point. :)))

    8. Re:Linus Doesn't Get It by Anonymous Coward · · Score: 0

      Bullshit... TIVO isn't a hardware company, they are selling software. Your argument is fallacious on so many levels. Haha one says "hardware", the other says "software". So it must be wrong. L0l!!!!

    9. Re:Linus Doesn't Get It by Ohreally_factor · · Score: 1

      Perhaps someone will develop a GPL 2.5 fork to better handle the patent issues. If they want anti-DRM licensing and anti-TPM licensing, they should have a completely separate license that developers can opt in. (There would be nothing stopping people from releasing under a multi-licnese.) As it stands, this is no longer about freedom for developers. It's about RMS's vision of a social revolution. If that's what you want, fine. Just don't be sneaky about it and try to back door us with it.

      My guess is that most developers (as opposed to FS ideological firebrands) are not going to adopt GPLv3 once they understand it. If the people actually creating software fail to embrace GPLv3, it will wither in obscurity.

      --
      It's not offtopic, dumbass. It's orthogonal.
    10. Re:Linus Doesn't Get It by killjoe · · Score: 1

      While it's wrong to paint him as irrelevent he has made goofups about licences before. When he switched to bitkeeper everybody warned him what was going to happen but he ignored them and went ahead anyway. It bit him in the end didn't it?

      Linus thinks everybody in the world is as nice and rational as he is. I don't think he realizes how low others can go.

      --
      evil is as evil does
    11. Re:Linus Doesn't Get It by concord · · Score: 1

      >>> ... but it does not really matter if he is revelant or not. It makes no difference ...

      Thank you for making my point. I say he's not relevant and you say it doesn't matter if he's relevant? Way to go. Sounds like your saying the same thing I am. Linus' opinion is not relevant. Thanks.

      >>> ... Don't buy them - nobody FORCES you to buy this stuff, you do it with your own choice.

      Let me try to explain it in simpler terms.

      I own Linux. You do too and so does everyone else (including Bill Gates, Steve Balmer and George W. Bush, BTW). Our license allows manufacturers to create products using our operating system kernel,etc.. so long as they do not take away our freedom. It goes agains the spirit of the GPL if they can bypass that just by locking the hardware so that it will only operate with their "approved" signed binaries. It's our software and allowing this loophole is stupid. We'd be dumb if we didn't put further restrictions on it in light of the newly arriving Trusted Computing, DRM, call it what you will.

      >>> ... Yeah. "If {useless assumption}..." - that is an argument. Really. Good, practical, solid point. :)))

      No one is arguing that Linus didn't try to set the world on fire. He did though, like it or not. Linux is nothing without GNU and none of this would be possible if it hadn't been started when it was. At least that's the way it appears since Trusted Computing and DRM are going to try to make it impossible to use modified versions of free software in free software powered hardware. I don't think that's the spirit of the gift so many have given to the world. This isn't speculation. TiVo is doing it right now and has been since day one.

      --
      MFG: "The system supports both the LAMP (Linux, Apache, MySQL, PHP) and WIMP (Windows, IIS, MySQL, PHP) platforms."
    12. Re:Linus Doesn't Get It by kosmosik · · Score: 1

      >> ... but it does not really matter if he is revelant or not. It makes no difference ...

      > Thank you for making my point. I say he's not relevant and you say it doesn't
      > matter if he's relevant?

      Yes, that is what I did.

      > Way to go. Sounds like your saying the same thing I am. Linus' opinion
      > is not relevant. Thanks.

      No I didn't said that. But it still makes no difference.

      >> ... Don't buy them - nobody FORCES you to buy this stuff, you do it with your own choice.

      > Let me try to explain it in simpler terms.

      > I own Linux.

      No, you don't. You don't either own the name Linux, nor you own the copyright to the code (or do you? I am certain that I don't). You have rights to use it under a license, you don't actually own it.

      > You do too and so does everyone else (including Bill Gates, Steve Balmer and
      > George W. Bush, BTW). Our license allows manufacturers to create products
      > using our operating system kernel,etc.. so long as they do not take away
      > our freedom. It goes agains the spirit of the GPL if they can bypass that
      > just by locking the hardware so that it will only operate with their "approved"
      > signed binaries.

      Don't use such hardware. Simple. Nobody forces you to use it.

  12. You are wrong by Phillup · · Score: 5, Funny

    Manufacturers should be able to go out of business in any method they desire.

    --

    --Phillip

    Can you say BIRTH TAX
    1. Re:You are wrong by tomhudson · · Score: 4, Interesting

      Manufacturers should be able to go out of business in any method they desire.

      Yup. GPLv3 is just plain dumb. It "addresses" a non-existent problem. People have a choice between DRM and non-DRM platforms and software. They can and do vote with their wallets.

      And for those who are thinking "what about when there are no more non-drm devices, smarty-pants" - a GPLv3 won't address that issue; a swift kick to your political masters' behinds will.

      The GPLv2 isn't broken. v3 doesn't pass the "smell test"; it won't "fix" anything, certainly not a situation such as a fully-drm'd, fully closed world.

      Funny, the biggest push for DRM is from the so-called "free world." What sort of frigging time-warp alternate universe have we been living in for the last 6 years?

    2. Re:You are wrong by Anonymous Coward · · Score: 5, Informative

      Yup. GPLv3 is just plain dumb. It "addresses" a non-existent problem. People have a choice between DRM and non-DRM platforms and software. They can and do vote with their wallets.

      Yes, but currently Free Software authors are subsidising the development of platforms that takes their Free code and locks it up so that it can't be modified or replaced. A lot of Free Software authors don't like this because it defeats the whole point of Free Software. That is the problem that it solves.

    3. Re:You are wrong by tomhudson · · Score: 4, Insightful

      Whoa, I think you missed the whole point of freedom :-)

      If they apply drm to anything I write, then *that* particular binary isn't modifiable, but so what? They still have to provide the source on demand to anyone they give the binary to. That, after modification, the source can't be compiled to run on that particular hardware isn't an issue. Why? Because when it happens enough times, people will say f*ck this and buy hardware w/o the lock-in. Nothing worse than a horde of pissed-off customers.

      The original source can still be modded and run fine on non-locked-out platforms.

      Now I understand your point - that if they had to develop their own software, this would cost them extra. But any software that they developed themselves would be totally locked up, and there would be absolutely no leverage to ever convince them to go non-drm, or even a sort of "open drm", where the content might be locked, but not the app.

      GPLv2 deals fine with these issues, by putting everything where it belongs - the push and shove of the marketplace. GPLv3, on the other hand, is both premature and heavy-handed. I'm sticking with v2, not just out of "political" reasons, but because I believe the marketplace works.

      Take a look at what's happening. Microsoft, with all its monopoly power, is scared of linux, firefox, etc. The marketplace IS speaking out. Now, if someone insists on running Windows, this hasn't diminished me in any way - I haven't lost anything. If they want to run my code on a winbox instead of a linbox, how have I, or anyone else, lost out?

      Same thing if they wanted to run it on a box that only allowed signed drm binaries. The only loser is the person who actually does this, then can't take advantage of any updates I do. Their loss, not mine. And its up to them to bear the cost of dumping their locked-in solution and switch.

      The first freedom of free software is to run it on anything you want. That includes proprietary and/or closed systems. Now, personally, I think that's a dumb thing to do in most cases, since open systems have consistently better performance and higher-quality code, but that's my choice - my freedom.

      What are people complaining about? Stuff like Tivo. Really, now - they're complaining about goddamn TV shows! Come on, there are more important things than that ... and if you don't like it, you can always make your own Freevio,or pay someone else to slap one toghether for you. Tivo didn't suddenly make Freevio impossible. What it DID do was give a target to shoot for.

      Lets take a real-life example. I've got some code for an integrated back-end/front-end inventory and web site. If/when I get around to cleaning it up and gpl'ing it, if someone else takes it and mods it so that it runs on a particular piece of hardware, but that only mods "signed" by them will run on that hardware, all they've really done is limited their market to people stupid enough to buy closed hardware. Everyone else is enjoying the benefits of open code on open hardware for less. What's the problem? Its just like a lottery, a tax on stupidity, right :-)

      Just this last week had a demonstration that eventually the market rights itself no matter what, when Microsoft's profits were down by a quarter, with the long-term outlook being more of the same. Closed systems just can't compete over the long term.

      Another example. I wrote the beginning of a c2java converter, because java lacks a lot of the constructs I like. One of these days I'll finish it and put it out there for people to play with. What would be the incentive for someone to pay for a drm'd version, wehn they can have the original one, with source that they can modify and run, for free? There is none. Anyone trying to market such a setup would be doing the "web 0.0" dot-bomb thing.

      Anyway, that's my take on it at this point. Let the free market handle it. There are too many of "us", and too few of "them", for us to fail unless we just stand there bent over with our hands around our ankles and buy any and all locked-in products. And if we do that, then we really do deserve the shafting we get.

    4. Re:You are wrong by FKnight · · Score: 1
      Yes, but currently Free Software authors are subsidising the development of platforms that takes their Free code and locks it up so that it can't be modified or replaced.

      Wrong. Embedded device manufacturers aren't "locking up" open source software. They're locking the hardware they spent money to manufacture. If I build a router and embed a version of Linux on it and hardcode my router to only run the copy of Linux that I supplied, that does not prevent you from modifying any code. It prevents you from modifying the operation of the hardware I built.

    5. Re:You are wrong by iamwahoo2 · · Score: 1

      They may piss off some of the customers but that won't matter because they will still have plenty of consumers. I see people angry about not being able to access their data from their old software on their old computer because it is locked into some proprietary format, yet when they buy new software they continue to get locked into the same vicious cycle.

    6. Re:You are wrong by theshowmecanuck · · Score: 2, Interesting

      What about if you spend a lot of time (a year or two) to develop a piece of software and try to sell it since you need to eat and pay rent. Then someone comes along and starts selling your software for his own profit (he can as long as he gives away the source code say). Now you lose revenue because he sells it for less maybe... you still lose revenue even if he sells it for the same because he is cutting into your market. Then a lot of people start doin this, and now you have to get a job at a proprietary software company because this model only works if you build big enterprise software apps that people will pay for support contracts on. *** The point is, whether they lock up the code or not you are still subsidizing they guy who is taking your open source code and selling it.

      But in the end, who cares if they lock it up? As long as they give out your source code. If you don't want them to use it, then don't give it away.

      Personally I think BSD or Apache are more altruistic and realistic. Contribute to a free and open code base that others can use as they wish, with far less restrictions than the GPL. They give away the code and don't ask anything of the recipient other than ask them to contribute if they want to. If you want to give stuff away and feel that you are helping a greater good, then do that. I am beginning to thnk that the GPL is like giving money for a Christmas gift or whatever your choice holdiday is, and telling the recipient they are only allowed to spend it in one place. If you really want to give stuff away, don't have strings attached to it.

      --
      -- I ignore anonymous replies to my comments and postings.
    7. Re:You are wrong by blueflash2o · · Score: 1
      giving money for a Christmas gift or whatever your choice holdiday is, and telling the recipient they are only allowed to spend it in one place.
      You mean like a gift card?
    8. Re:You are wrong by munpfazy · · Score: 1
      Wrong. Embedded device manufacturers aren't "locking up" open source software. They're locking the hardware they spent money to manufacture. If I build a router and embed a version of Linux on it and hardcode my router to only run the copy of Linux that I supplied, that does not prevent you from modifying any code. It prevents you from modifying the operation of the hardware I built.


      One could apply the exact same argument to derivative software:

      Derivative software venders aren't "locking up" open source software. They're locking the changes to software that they spent money to manufacture. If I start with GPL networking tools and build a proprietary router OS based upon it and then refuse to give it away so that people can only use exactly the OS I've supplied, that does not prevent you from modifying any of the open source code that I used in building it. It prevents you from modifying only the software that I built.


      But, of course, locking down derivative software has been explicitly forbidden since day one.

      Why should we treat hardware any different? If you build software that directly uses open source code, you have to give people the ability to modify that software. If you build hardware that directly runs open source code, why is it unreasonable to demand the same freedom?

    9. Re:You are wrong by illuminatedwax · · Score: 5, Insightful

      No, it fixes a very important issue.

      You know the story of rms' printer driver: he wanted to be able to modify the printer driver so it would bloody work right or work better. He couldn't do that, so he made GNU.

      Now let's say the new rms. smr wants to fix his printer which is running embedded GPL software. Great, he thinks, I have the source code to this, so I can just fix the source and make my printer work/better.

      Oops! The printer doesn't allow you to do this. This is an awful loophole that restricts your freedom to modify the program. You can modify it, but you might as well write it on on a piece of paper for all that's worth. What the user needs to be able to do is modify the software and use it to really have that freedom. GPLv3 protects this. Linus is really being a stubborn idiot about this.

      --
      Did you ever notice that *nix doesn't even cover Linux?
    10. Re:You are wrong by theshowmecanuck · · Score: 1

      Exactly... I prefer old fashoned money! ;-)

      --
      -- I ignore anonymous replies to my comments and postings.
    11. Re:You are wrong by Znork · · Score: 3, Insightful

      "I think you missed the whole point of freedom"

      I think you missed the whole point of whose freedom is protected in the GPL.

      "If they apply drm to anything I write"

      If they want to apply DRM to anything I write, then they can damn well write the code themselves (or join the anti-IP fight). The GPL aint a free lunch, it's a guarantee of the freedoms for the recipients of the works and derivative works.

      The application of DRM further creates a free rider problem where companies releasing under GPL risk finding themselves at a disadvantage versus those who dont; suddenly it's a one-way street.

      "this would cost them extra"

      Enough extra to make it unprofitable, or to give the open competition an advantage on price, a difference that is only going to grow in the future.

      "Let the free market handle it."

      Oh, please. The whole IP industry is nothing like a free market. The GPL restores free market competition for a small segment, but the business is full of protectionists trying to find ways to cheat even that.

    12. Re:You are wrong by Jackmn · · Score: 1
      People have a choice between DRM and non-DRM platforms and software. They can and do vote with their wallets.
      Most user aren't tech-savvy enough to notice (or care about) DRM in an embedded product.

      Assuming the two products are functionally equivalent in all areas except DRM, the majority of the sales will most likely go to the unit with the best marketing.
    13. Re:You are wrong by TheRaven64 · · Score: 3, Insightful
      GPLv3 has exactly the same spirit as GPLv2. It seeks to protect the four freedoms that the Free Software Foundation was created to protect. It is hardly surprising that a license from the FSF would protect the ideals of the FSF.

      Linus' problem is that he never really agreed with these ideals. He originally licensed Linux as free for non-commerical use, but then released it under the GPL as a result of pressure from the community. Linus calls himself a pragmatist, which is a polite way of saying socially short-sighted. The FSF are often regarded as extremist idealists, but it is important to realise that they are actually the pragmatic ones. People like RMS created the foundation for purely pragmatic reasons; they had been burned by proprietary software, and they didn't want to be burned again. The easiest way of doing this is to ensure that there is a lot of Free Software about, and to try to create the economic conditions where Free Software is preferable to proprietary software. Linus' view is the equivalent of saying 'Why should we want to outlaw slavery? I'm not a slave.'

      --
      I am TheRaven on Soylent News
    14. Re:You are wrong by silverdr · · Score: 1

      Linus is really being a stubborn idiot about this.

      Or a smart corporationist (bought some time ago) working undercover. :-0

      --
      Now, mod me down freely. My karma can't get any worse...
    15. Re:You are wrong by tomhudson · · Score: 1

      That is their right. One of the "freedoms" is the freedom to do stupid things (or at least what you and I would consider stupid things). And they ARE provably stupid, since they repeat the same actions and expect different results.

      But that's part of the cost of freedom - you have to do a bit of thinking for yourself.

      People who do that are engaged in their own form of a "trade-off", and they must derive some benefit from it, or they'd change. Enough people change (the market speaks) and the problem is solved; but if people don't vote with their dollars, they have only themselves to blame. With freedom comes responsibility, and part of that responsibility is to make informed choices.

      Don't like that you can't move your downloaded song from your old computer, whose hard drive is failing, to your new one? Whose fault is that? Yours, not the manufacturer/distributors, if they didn't hide this "feature". Every time you buy such a product, you're encouraging and supporting this type of attack on fair use. There are legal alternatives, including "doing without." If nobody bought it, it would fail.

      Here's an analogy that fits: crack dealers. The first hit's free, but afterwards, you pay and pay and pay. You're addicted. But you KNEW that people have problems with crack addiction. But you wanted it all - the high from crack AND the delusion that "I won't get addicted." Same with people who smoke and then get cancer.

      You can't have it both ways.

      I have a lot of admiration for RMS, but on this one, I'm 100% behind Linus.

    16. Re:You are wrong by tomhudson · · Score: 2, Informative

      The printer example is now obsolete, and has been since the advent of the PC.

      Back in the bad old DOS days, you had the following options:

      1. intercept the output of the driver via a tsr
      2. modify the driver in-memory
      3. save the output to a file for post-processing
      4. replace the driver with one you wrote (not that big a deal in the days of dos).
      That was when printers were a lot more expensive than today. A good dot-matrix could easily set you back $500, a daisy-wheel even more.

      As for today's situation, again, the printer is a poor analogy. Say, for example, that there's a software mod that would allow you to double your output resolution, and you'd like to take advantage of that, but you can't, because your printer is "locked out" from mods.

      Has your printer all of a sudden become "less" than what it was before? No. It still does everything it could, just as your old copy of WordPerfect is still as functional as the day you bought it a decade ago (and still spanks Word).

      But you made your choice, when you bought the printer, to accept the limitations that came with it, unless you were fraudulently misled as to its upgradeability - and that (fraud) is an issue that the GPLv3 doesn't address. There's nothing preventing another manufacturer seeing the hole that his/her competitor is digging for itself, and offering a similar product without that limitation, and letting the market decide.

      Its the same as the ongoing battle with ink-jet manufacturers. They sell the printer dirt cheap, then rape you over the refills (hello, HP). Or, you can say "screw this" and pay more initially for a different manufacturer's inkjet, and less for the refills. Or do like I did, and say, "a pox on both your houses", and buy a laser.

      The markets are "efficient enough" that the GPLv2 can do the job.

    17. Re:You are wrong by tomhudson · · Score: 1

      The GPL as it currently stands works.

      This is not a GPL vs DRM issue - this is a CONSUMERS vs DRM issue. DRM doesn't just affect gpl'd software. It affects hardware as well. It affects content as well.

      GPLv3 does nothing to address the real issue that pisses off most people - that CONTENT is DRM'd. This is a political fight, not a licensing issue. If all GPL software all over the world disappeared tomorrow, this wouldn't change the issue. And yes, when you think about it, software, even an OS, is just content.

      If you really have faith that open is better than closed, then why all the worry and hand-waving? Or can't you not trust yourself to not succumb to the "evil charms of that wicked drm crack"? Its as hypocritical as someone going around saying linux is better than windows, and not using linux because they can't be arsed to take the 10 minutes needed to learn what to click on.

    18. Re:You are wrong by tomhudson · · Score: 1

      Assuming the two products are functionally equivalent in all areas except DRM, the majority of the sales will most likely go to the unit with the best marketing.

      Three points:

      1. adding drm and mechanisms to sustain it costs money, so the drm product is at a cost disadvantage, both in the initial purchase, and in the ongoing use
      2. drm'd products are also at a disadvantage when it comes to the end-user. They're more likely to piss off the consumer when a license is revoked, especially if its because of a hardware failure ("I'll never buy anything from those croks again")
      3. The non-drm'd product has a marketing advantage "DRM-FREE!!! BUY ME INSTEAD".

      All this means nothing as long as people continue to make stupid, uninformed choices (like expecting Vista to be less of a patch hell or virus/malware/trojan/botnet nest). But even that is one of their freedoms - the freedom to do stupid things.

      So, which wold you buy:

      • Switch A: $50, "NO DRM FOLKS FULLY UPGRADEABLE OPEN SOURCE GPLv2 INCLUDED"
      • Switch B: $80, "this device requires a net connection to manage software license revokation. failure to be continuously connected to our servers will turn it into a brick"
    19. Re:You are wrong by tomhudson · · Score: 1

      No, the easiest way to fix this is to pass laws that prevent DRM from crippling ALL devices.

      This is not a GPV vs DRM issue - it affects all consumers.

      Remember the old saying "the right tool for the right job"? The right tool for this job is to LART your congresscritter. Otherwise, you'll lose a lot more freedoms than you care to.

    20. Re:You are wrong by illuminatedwax · · Score: 1

      Ah ha! But when you accepted the limitations, those limitations rob you of your freedom (specifically, the freedom to alter that printer's software and run it). But, that software is GPL code - which requires that the person distributing the software (the printer vendors) allow that user all the freedoms guaranteed to GPL code. One of those freedoms is the freedom to modify and run that software. But you don't have that freedom thanks to the efforts of the printer vendor.

      Contradiction, -><-, QED, game, set, match, checkmate. The printer company is curtailing the freedom they promised not to curtail! This is against the spirit of the GPL - but not the text of GPLv2. They are allowing you to modify the software, but it's pointless because modification is no good unless you can run that modifcation, per my last post.

      Saying that the market will sort things out is like saying that we shouldn't sue violators of the GPL because the market will sort that out, too.

      --
      Did you ever notice that *nix doesn't even cover Linux?
    21. Re:You are wrong by mrchaotica · · Score: 1
      The whole IP industry is nothing like a free market.

      No kidding! Why is it that people have such a hard time understanding that all "IP" is a MONOPOLY by definition?!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    22. Re:You are wrong by arkanes · · Score: 1

      I had a big rant detailing all the hypocrisy and conflicting opinions you've stated, but I think I'll just settle for this: explain please exactly how the GPL v3 is *not* a market based solution to the problem, exactly as you are stating. Bear in mind that nobody is obligated to assume the new version of the GPL, that access to software under old versions of the GPL is still available, that (unlike DRM) the GPL is neither mandated or given special treatment by the law and that the people developing, advocating, and adopting the new GPL have absolutely no power other than market force to drive its adoption. Also please explain how in your world it's okay and acceptable for manufacturers to put DRM on devices and leave it up to consumers and "the market" to handle it, but its not okay for authors of GPL software to do *exactly the same thing*.

    23. Re:You are wrong by mrchaotica · · Score: 4, Insightful

      But in the end, who cares if they lock it up? As long as they give out your source code. If you don't want them to use it, then don't give it away.

      Personally I think BSD or Apache are more altruistic and realistic.

      Ah, here's the problem: you're missing the point of the GPL!

      With BSD-style licenses, people do use them for the reason you stated: because they want other people to use their code. With the GPL, this is not the case. Instead, people release their software under the GPL because they want to preserve the user's control over his own computer.

      Remember, Richard Stallman first created the GPL because his printer wasn't doing what he wanted, and the company refused to give him the source code so that he could fix it. If that happened now, with a printer that used GPL v.2 software but required a company-authorized version to run, the user would be just as screwed as if the code weren't Free Software at all. That's what the GPL is for, and that's why version 3 is needed!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    24. Re:You are wrong by tomhudson · · Score: 2, Insightful

      Nope.

      You're still free to run the modified software elsewhere, for example, on a competitors' non-drm'd product (which would probably be cheaper to purchase in the first place, since their development and support costs would be lower, and they won't be bleeding $$$ to vendors of DRM libraries/schemes).

      Lets take a somewhat different example, looked at from the "other end of the telescope". A month ago I put out some python code under the gpl for doing some MySQL stuff. It only works with MySQL. Nobody has the right to tell me that I'm depriving them of their freedom to run my gpl'd code because it won't work with, say, Access.

      Likewise, if someone modifies it to work with Access, I have no right to complain that I can't run the modified version because I don't "do" Windows.

      Now lets look at an extreme example. Say WalMart comes out with a linux pc that only runs THEIR version of linux, and it has some really neat new feature (yeah, I know, dream on :-). As long as they make the source available, I'm free to recompile and run it on other machines, provided I remove all the copyrighted artwork, etc.

      How have they failed to comply with the GPL? And how have they prevented anyone from selling a better non-drm'd box? They haven't.

    25. Re:You are wrong by tomhudson · · Score: 1

      explain please exactly how the GPL v3 is *not* a market based solution to the problem, exactly as you are stating,

      ...Also please explain how in your world it's okay and acceptable for manufacturers to put DRM on devices and leave it up to consumers and "the market" to handle it,

      You seem to be implying 2 contradictory beliefs. Your first staement implies that you believe that the GPL v3 *is* a market-based solution, and yet you then decry that my position of "let the market sort it out" is no good. As you pointed out, even the proponents of v3 can only let the market decide for itself.

      The GPL v3 is not a solution because it is trying to tackle a problem that is not a software licensing problem, but a much more general issue - the erosion of fair-use rights in too many areas of life. Software running onlocked-in hardware is just content, same as video or audio streams. It is this general removal of fair-use rights to ALL content that is the root problem. The GPL v3 isn't even a band-aid - its more like a SCO wookie.

    26. Re:You are wrong by grumbel · · Score: 1
      You're still free to run the modified software elsewhere, for example,
      So you mean I have the "freedom" to buy another printer, which I wanted to avoid by fixing the driver in the first place... great, just great...
    27. Re:You are wrong by tomhudson · · Score: 2, Insightful

      Or, you have the freedom to not buy that printer in the first place, buy a different printer, and install the software from someone else's "locked-in" printer.

      Lockin of GPL'd software only works for one purchaser - after that, the whole world can use it on any other hardware.

      But remember, if you're the one who made the mistake of buying a locked-in device, unless you were misled, you have only yourself to blame. Same as anyone stupid enough to buy Windows or Office and then bitch about "lockin". Your free choice carries consequences.

    28. Re:You are wrong by illuminatedwax · · Score: 1

      I think you're viewing it from the wrong perspective.

      It's the developer's perspective the FSF is approaching this from. Looking at your WalMart example, it certainly doesn't prevent other companies from selling non-locked systems. But that's not the point - this isn't about preventing other vendors from Doing the Right Thing. It's about making sure the companies that use someone's hard-written GPL code against their wishes.

      I will concede that my previous argument was too strict. If you had a machine X that only accepted say, one program, then if I took GPL'd code and used it as the basis of a program that would make it run, it would be silly to say that I can't distribute that, because it could possibly incriminate people not even associated with said machine.

      But the GPLv3 isn't as strict as you might think. It only makes two requirements:
      1) that if there is a secret array of information that the software requires you to possess to make the software do the same basic thing, then that bit of information is part of the source code
      2) that if you distribute GPL'd code, then you cannot sue someone for circumventing technology measures that are related to running the code.

      So yeah, you can ship GPL code that only works with a machine if unmodified. But you aren't allowed to sue that user for changing the machine to make it work with modified code.

      The point is: When a programmer makes the decision to GPL their code, they do it because they want users of it to have the power to make use of changes to their code (among other things), and they believe it is only fair that people who pass on their code or use it as a basis for their own code give their users the same freedom. So if my GPL'd code is used in something that denys user's freedom, I feel that my work has been stolen. :(

      --
      Did you ever notice that *nix doesn't even cover Linux?
    29. Re:You are wrong by arkanes · · Score: 2, Insightful

      I don't believe that "let the market sort it out" is a valid response to pretty much anything, but you clearly do, so I'm wondering why you simultaneously believe that the market should sort it out without regard to the fact that the existence of the GPL v3 is the very action of the market sorting it out. The idea that it shouldn't be done because it's not a total solution is clearly a fallacy - the existence of the GPL v3 won't preclude any other solutions to the DRM issue. Rejecting a solution to a specific problem (use of free software in a DRM context that eliminates the end-user advantage of using free software) because it doesn't solve a general issue is just throwing a tantrum.

    30. Re:You are wrong by tomhudson · · Score: 1

      So if my GPL'd code is used in something that denys user's freedom, I feel that my work has been stolen. :(

      This is something I gave a lot of thought to wrt the use of gpl code on a proprietary system - either Microsoft or Apple. To be a real purist would seem to require 2 contradictory stances:

      1. don't use gpl'd software on proprietary systems, as that isn't in the spirit of being completely free, and they can take your freedom to run that program away any time (a la "DOS ain' done until Lotus won't run"), or refusing to continue to sell licenses for that version of the OS (think of all the software you accumulated that you can no longer run because the hardware is just too fast nowadays, or the graphics card has too much ram and too many features).
      2. freedom of choice means allowing people the option of running gpl'd software on any system they choose, including the aforementioned closed systems
      The hardware issue is like the second choice. It sucks, but its what real freedom implies. Real freedom means that sometime people will do things we don't like.

      The issue of changing the machine shouldn't be a gpl-only thing. If I buy something, I should be allowed to mod it in any way I choose, consistent with local environmental and safety regulations. In other words, if I can mod my washing machine to use 50% less energy, that's my right. Ditto with modding my computer, or anything else. The manufacturer doesn't own it after its sold.

    31. Re:You are wrong by tomhudson · · Score: 0

      The GPL v3 is a mess. It als doesn't do anything to fix the underlying problem, which is the erosion, in all areas, of fair-use rights.

      Educating buyers, so they know that a DRM'd Cd isn't really a CD, and has problems so maybe they should buy something else, is more to the point. Ditto with Microsoft's various vendor lock-in strategies. Ditto with not allowing mod chips so people can't back up their games.

      Fixing fair use solves all these problems, as well as removing the need for a GPL v3.

      Of course, fixing fair use is a lot harder than the mental masturbation going on all over the place about v3.

      The GPL fixed a lot of problems. It got people into giving back, instead of just being takers.

      Remember the old saying - "give a kid a hammer and everything starts looking like a nail"? Well, RMS and EM are in the same position - every problem looks like it can be solved by tweaking the wording of a license. Ain't gonna happen. They're hamering on the wrong nail.

    32. Re:You are wrong by Kjella · · Score: 1

      That, after modification, the source can't be compiled to run on that particular hardware isn't an issue. Why? Because when it happens enough times, people will say f*ck this and buy hardware w/o the lock-in. Nothing worse than a horde of pissed-off customers.

      That is an incredibly simplistic look. GPL'd applications can be run on closed platforms, and GPL'd applications can be run alongside non-GPL applications, it happens every day in the Windows world. Let's take if from the top, apart from standard PCs there's a lot of differences in hardware, you can't simply go out and buy the same parts for laptops, mp3 players, PVRs or any other number of not off the shelf components. Secondly, if the software platform only runs on that hardware platform, you have to give up that too. OS X only runs on Macs? Well if you're going to drop Mac hardware, then you also need to drop OS X. Naturally this applies just as well to applications, since they rely heavily on the platform. Yes, I could have the software for my cell phone but chances that I'd get it working on any other phone from another manufacturer (which will inevitably use other hardware) is none. Not slim, none.

      You're thinking exclusively of PC software run on a typical desktop. They are not going to come out and offer you a PC except it can't run standard software. We're talking consoles, media centers, mp3 players, cell phones, PDAs and every other form of embedded computers where there's many good reasons to get it on its own. You don't think there would be money in selling add-on software to iPods, even though the same software might be had freely for a beige box PC? If so, you really need a reality check. GPLv2 software is like a treasure chest of free apps they can sell for real money. Maybe someday the market will sort it out but another Microsoft could come and go in the meantime...

      --
      Live today, because you never know what tomorrow brings
    33. Re:You are wrong by grumbel · · Score: 1
      But remember, if you're the one who made the mistake of buying a locked-in device, unless you were misled, you have only yourself to blame.
      You assume that people have a choice in the first place, which however often isn't the case. Where are the gaming consoles that aren't locked down to only run authorized code? How many printers don't try to force you to only use authorized color cartridges? How many current generation graphics card are available with open specs? How many DVDs are non-encrypted? How many MP3 shops are there that sell non DRMed music? Answer to all this is 'not much' or 'none' and there is little sign that it will get better in the future and plenty of sign that it might get much much worse. The new GPL is simply trying to counter this trend.
    34. Re:You are wrong by tomhudson · · Score: 1

      For your reality check - a lot of cell-phone software is java-based, and as such, can be modded to run on any other cell phone with a java runtime.

      Adn I really don't care that I can't mod the software in my microwave.

      As for my dvd player, I don't want to mod it - its been region-free since the day I bought it.

      For game consoles, there are mod chips.

      As for dropping OSX, it doesn't affect me - I never found the Mac interface to be particularly "intuitive" - quite the contrary.

      And there's nothing stopping you from building your own custom mp3 player. The parts are pretty much off-the-shelf. You could build a 1-TB a/v monster if you're so inclined. It won't have the same slick look as the proprietary ones, but that's not the issue. Ditto with so-called media centers.

      Heck, get out your soldering iron and a chip writer and you can even make your own hub.

      And yes, you can also buy all the components needed to manufacture your own brand of laptop. A few of the local computer stores did it for a while, then gave up because it became cheaper to buy them pre-assembled. If the economics ever shifted, they'd start building them again.

    35. Re:You are wrong by tomhudson · · Score: 2, Insightful

      "You assume that people have a choice in the first place, which however often isn't the case."

      People ALWAYS have a choice.

      "Where are the gaming consoles that aren't locked down to only run authorized code?"

      So don't buy the stupid gaming console. Read a book, go visit people, run the game on a pc, whatever. Nobody is forcing these products on people. You have plenty of choices for entertainment.

      "How many printers don't try to force you to only use authorized color cartridges?"

      So do like I did, and buy a laser printer. Nobody says you have to print shit up in colour. Also, its still possible to refill the carts. Just don't use their stupid lame-ass driver, or if you have to, keep an image of your hard drive. When the driver insists that your still-half-full cart is no longer any good, roll back your hard drive image. Voila - instant "refill".

      "How many current generation graphics card are available with open specs?"

      The specs might not be open, but this doesn't mean the card is locked down. There's nothing preventing people from reverse-engineering them.

      "How many DVDs are non-encrypted?"

      Last I looked, this is a separate issue - DVDs are content. And the "encryption" is broken.

      "How many MP3 shops are there that sell non DRMed music?"

      Aside from allofmp3.com, Yahoo is testing the idea of selling non-drm'd downloads http://news.bbc.co.uk/2/hi/technology/5203146.stm. Plus, ther's nothing preventing you from ripping your CD/Vinyl/Tape collection.

      My point was that you always have choices.

    36. Re:You are wrong by 10101001+10101001 · · Score: 1

      If they apply drm to anything I write, then *that* particular binary isn't modifiable, but so what? They still have to provide the source on demand to anyone they give the binary to. That, after modification, the source can't be compiled to run on that particular hardware isn't an issue. Why? Because when it happens enough times, people will say f*ck this and buy hardware w/o the lock-in. Nothing worse than a horde of pissed-off customers.

      Oh yea, just like how Microsoft is falling all over themselves to release the source code of Windows to keep the "pissed-off customers" at bay. The point of the GPL was to prevent the sort of lock-in you speak of, yet clearly the GPL wasn't written with the concept in mind of a manufacturer creating a hardware based lock-out, especially with law based enforcement (GPL v2 came out in 1991, DMCA in 1998, so I can understand why it was an oversight). If you can't compile and use open source software given to you for a platform except with signifcant modifcation to run on *another* platform, then a major advantage of open source software is lost.

      There's no sound reason why an entity that supports the "spirit" of the GPL would be against this. Excuses like "but I only want to support one version" don't work, as you'll always need to verify that they're using the versions you do support even with DRM (after all, you could have ported the source to a new platform without DRM). So, the only reasonable intention must be to stop people from using the software in a way the entity doesn't like, but that's clearly against the spirit of the GPL. The point of the GPL v3 is to codify this to no longer rely on the intentions of people to continue to support the desired outcome, as the GPL was written because it was shown that people will go against those desires without legal enforcement. And since people *choose* to use GPL v3 licensed software, it's not some darconian measure that people don't have a say in.

      So, why are people so upset?

      --
      Eurohacker European paranoia, gun rights, and h
    37. Re:You are wrong by tomhudson · · Score: 1

      ... or alternatively just don't support those vendors. This does an end run, not only around them, but the DMCA as well.

      Trying to legislate behaviour via the GPLv3 isn't going to work - all it does is provide a framework that adds restrictions to fair use that are "more-or-less" okay. DRM goes against fair use. The GPLv3, to the extent that it legitimizes this, is the camel's nose in the tent.

    38. Re:You are wrong by debiansid · · Score: 1
      People have a choice between DRM and non-DRM platforms and software. They can and do vote with their wallets.
      Most people don't know or don't care about the difference. They'll go with anything that looks the shiniest.
    39. Re:You are wrong by tomhudson · · Score: 1

      "Most people don't know or don't care about the difference. They'll go with anything that looks the shiniest."

      That's their right. We have these prizes for the winners

    40. Re:You are wrong by WNight · · Score: 1

      Let's take this step by step.

      You're in a GPL thread, and say you like the GPL v2, so supposedly you agree with the general principle, which is that the code is available for everyone who agrees to share equally openly.

      I, as a programmer who has released GPLed code, like this. I'm not going to make any money if anyone uses anything I've written, but at least I get to know that I'm not helping some jerk who wouldn't help me.

      Except, that this obligation isn't really binding. Through deceptive practices the company can appear to release the full source but avoid actually providing anything of value. This would annoy me if it happened, because imho a company that acts like a jerk shouldn't get access to my code. That's the whole point of the GPL... Reward cooperation to encourage it.

      Even if I really thought enough people would hear about the GPL and care about abuse of free software to put the printer company out of business, I don't care. If I had wanted any jerk to be able to use my code, I'd have BSDLed it.

      Your arguments seem just as (in)valid against the GPL vs BSDL altogether - "don't enforce it with a license, let the market handle it". I didn't buy them in that case, and I don't now.

    41. Re:You are wrong by Brandybuck · · Score: 0

      What everyone seems to forget, is that RMS could have simply sold the printer and bought a different one.

      --
      Don't blame me, I didn't vote for either of them!
    42. Re:You are wrong by Anonymous Coward · · Score: 0
      You're in a GPL thread, and say you like the GPL v2, so supposedly you agree with the general principle, which is that the code is available for everyone who agrees to share equally openly.

      Are we supposed to have some 6th sense to determine what "general principle" RMS has this week? Remember, if it were up to RMS, clean laundry would be a crime.

    43. Re:You are wrong by 10101001+10101001 · · Score: 1

      ... or alternatively just don't support those vendors. This does an end run, not only around them, but the DMCA as well.

      Uh, why is this an alternative? If there are vendors that make drivers under the GPL2 or another another non-GPL3 compatible license, you don't buy from them. You buy from those who have GPL3 drivers. That's how the GPL works. It's not some sort of "and we're lawfully preventing other licenses from existing". The issue is some people are complaining about the GPL3 because of the "or later versions" that many GPL2 projects didn't remove and others are complaining and stating they won't relicense under the GPL3. That's of course their right, but Linus' argument for *why* he's doing doesn't make sense. (The fact that he'd have to get a sign-off on everyone who added to the Linux kernel is a good reason.)

      Trying to legislate behaviour via the GPLv3 isn't going to work - all it does is provide a framework that adds restrictions to fair use that are "more-or-less" okay.

      Uh, the GPL3 can't restrict fair use. No license can. All licenses are a subset of copyright law which allows fair use. If any thing, the GPL3 is a stake at expanding freedom beyond what the DMCA would otherwise restrict.

      DRM goes against fair use.

      No kidding.

      The GPLv3, to the extent that it legitimizes this, is the camel's nose in the tent.

      In the same way the GPL2 legitimizes copyright. The simple fact is, the GPL in itself will not stop copyright. Nor will it stop the DMCA. Only laws (or a court ruling that declares current laws unconstitutional) will stop it. The GPL is mainly* an attempt by people who don't believe they'll be able to change the law any time soon to use the law against its intent, for their own purposes. You can't spite the law by pretending it doesn't exist.

      *Truthfully, the GPL was written to allow access to source code. If the GPL were really against copyright, then those for the GPL would like an end to copyright. But an end to copyright would almost certainly result in companies not releasing source code. The ability to legally modify those binaries, reverse engineer them, and modify the source code to have it again be captured, modified, and rereleased as binary only again would undoubtedly not sate many GPL fans (it'd be much like how the bsd license is now, at least the part that's current complained about by GPL fans).

      --
      Eurohacker European paranoia, gun rights, and h
    44. Re:You are wrong by apotheon · · Score: 2, Insightful

      I agree — both with this, and (more importantly, perhaps) with the substance of your post that begins with a comment about missing the point of freedom. There's one thing here, though, with which I disagree:

      The GPLv2 isn't broken.

      In point of fact, it is broken. It's just not broken in the way the FSF thinks it is, or in any manner that GPLv3 is likely to fix. If anything, v3 makes it worse.

      The proof is in the pudding, as they say. We're now seeing the FSF take up tactics similar to those of the RIAA, MPAA, and Microsoft (the "Great Satan" itself). In particular, the Free Software Foundation has taken to making legal threats to small Linux distribution projects . I'm not even talking about Windows knock-off source-restricting distributions like Linspire — I'm talking about community-supported and fully open-source distributions. They're being threatened with legal action for violation of the GPL thanks to GPLv2 terms that make it absurdly difficult for a grass-roots project to get started and remain financially sustainable.

      Things are likely to only get worse from here. In addition to failing to solve any actual problems with most of the changes (though addressing patents is important, and at least that part of the proposed update wasn't entirely misconceived), v3 introduces stronger language supporting some of its failings and new problems. The entire exercise has become wildly absurd, and we're rapidly approaching a point where "free" software's worst enemy might be the FSF, with the GPL as its primary weapon. Using the GPL, according to clauses related to source code availability support requirement clauses, essentially mandates the expenditure of a fair bit of money by anyone wishing to distribute GPLed software. The amount of money involved (we're talking about three years of source code availability support beyond the last distributed binary) in maintaining source versions and distributing them for every single software binary distributed over the last three years effectively makes a fully grass-roots up to date derivative distro a pipe dream (or a legal nightmare waiting to happen if the money isn't spent).

      Much as I love the Free/Libre/Open Source Software development model, I don't much like the GPL and the version of that development model it promises us via its terms. I never have, really — but now, the problems of the GPL have become a matter of practice, and not just theory, thanks to the overzealous "defense" of "free" software by the FSF.

      --
      Unfetter your ideas. Copyfree your mind.
    45. Re:You are wrong by tomhudson · · Score: 2, Insightful

      "If there are vendors that make drivers under the GPL2 or another another non-GPL3 compatible license, you don't buy from them."

      Does this mean you're going to avoid linux, because all the core system drivers are GPLv2, and won't be released under any other license? :-)

      Okay, seriously ... The first draft of GPLv3 placed restrictions on all types of DRM, to the point of seeming to require you hand over your private key for signing stuff. The second draft has backed down quite a lot.

      However, they still don't fix the problem of hardware that runs only a specific key.

      However, the fact that a key is generated based on the object code of the work or is present in hardware that limits its use does not alter the requirement to include it in the Corresponding Source.
      All the manufacturer has to do is hardcode a set of key values into their device, and have any attempt to load a value that's not there turn the device into a brick (this is actually allowed behaviour under GPLv3, since it states that manufacturers are not required to warrant modifications). On boot, the device runs the software through the hash function. Even if you have the key they used to generate their hash function, that doesn't help you attempting to upload your new software, because its no longer looking for a value generated by the hash function - its looking for the specific hash. Think about it with passwords. You're not validating that resultant hash value is a valid hash for a name, but a valid hash for YOUR name.

      Now extend it further. If they use 4 different hash functions, and get 4 different key values in return, you'll take a lifetime to find out which bits to append to the source to get a binary that gives the same 4 hashes.

      The proper way is to not support DRM in any form. Just don't buy it. This is part of what Torvalds was saying, but it got lost in the general uproar.

      Think of it. A manufacturer produces a device that only allows their version of GPL'd software to run. We'll call it Tivo, for the sake of argument. They make the source available, and you can modify it, but your mods don't run on the original hardware.

      What is there to keep anyone else from building the same hardware, and running their mods on that? Nothing. They can even sell it. The only difference is that they'll probably be more expensive initially, since they won't have the economies of scale.

      That its not practical is a marketplace education problem, and not something the GPLv3 will cure.

    46. Re:You are wrong by tomhudson · · Score: 1

      I agree that the 3-year without allowing a "pass-thru" from upstream providers is dumb, especially if it prevents someone with retiring a broken distro that they're quite willing to replace for free with an up-to-date one.

      By being overly anal, they invite the following scenario:

      FSF: You have to continue distribution of version a.b.xx source code for 3 years.
      Peon: But that particular version had a serious bug in it, a real showstopper. We replaced it with a.b.xy.
      FSF: Doesn't matter. 3 years.

      Now in v3 it "sort of looks like" they're giving the green light to upstream sources,

      [If the place to copy the object code is a network server, the Corresponding Source may be on a different server that supports equivalent copying facilities, provided you have explicitly arranged with the operator of that server to keep the Corresponding Source available for as long as needed to satisfy these requirements, and provided you maintain clear directions next to the object code saying where to find the Corresponding Source.]

      It looks like you can make a deal with whoever's hosting the source ... but you have to make an explicit deal - no casual linkies.

      At this point, who knows what's going to happen ... its a royal mess.

    47. Re:You are wrong by apotheon · · Score: 2, Interesting

      Frankly, I'm opposed to the entire concept of forced distribution — which is essentially what the GPL is all about. I'd be happiest with a license that is the rights-equivalent of the new BSD license, but with Copyleft protection (i.e., you can't relicense the code or derivative works). A true right, after all, is not something that is forced: it's something that is protected. GPL tries to "force" rights.

      Actually, I'd be happiest if everything in the world were public domain so I wouldn't have to deal with all this licensing crap at all. Toward that end, I actually created my own license, which I use for every original work I create. Its purpose is to provide a sort of "protected public domain" with explicit in-license "reminder" to provide proper attribution. It's intended to be applicable to any copyrightable work (not just software), and includes protection against patent entanglements. In the interests of cleverness, of course, I had to use a pun in the name, so I called it Credit as Credit's Due CopyWrite , or CCD CopyWrite for short.

      In the long run, I figure this is exactly the sort of thing we need — protecting everyone's rights, rather than just protecting one group's rights and inventing new "rights" to assign to that group as much as the law will allow.

      --
      Unfetter your ideas. Copyfree your mind.
    48. Re:You are wrong by 10101001+10101001 · · Score: 1

      The proper way is to not support DRM in any form. Just don't buy it.

      The problem is the first and the latter aren't equivalent. Specifically, the GPL3 is being written to try to prevent GPLed software from supporting DRM. So, if your Tivo example required that all software on it be signed, Tivo would be unable to use a GPL3 licensed Linux kernel and would have to use some non-GPL3 software. And by buying/using/developing only GPL3 software, one is effectively assured that one's efforts don't support DRM.

      --
      Eurohacker European paranoia, gun rights, and h
    49. Re:You are wrong by tomhudson · · Score: 1

      GPLv3 doesn't prevent me from designing a system that uses GPLv3-licensed software. Even if I hand over the keys, as required by GPLv3, I can still design my system so that your recompiled software, even signed with those keys, won't run.

      Verifying hash values isn't the only way to ensure that software won't load/run. Thinking otherwise, and concentrating on keys and their being handed over, is a bit naive.

      Also, by using multiple hashing functions, and requiring that all those multiple hashes result in specific absolute values, results in a return to the Tivo situation; its now GPL3 compliant, but you can only run the "official" binary. No field upgrades possible, by anyone.

    50. Re:You are wrong by illuminatedwax · · Score: 1
      freedom of choice means allowing people the option of running gpl'd software on any system they choose, including the aforementioned closed systems

      The GPL doesn't care what you do with the program after you have it, as long as it does not involve distributing it to other people. The writer of the software is leveraging their power as writer of the software to make sure that however their program is used in a free manner. They can't control anything else besides that, so you do have mixed free/proprietary environments, and you do have the ability to run it on whatever machine you like. What you can't do is promise that someone can modify&run your software, then make the only way that they can modify&run the software is by infringing on your copyrights.

      The issue of changing the machine shouldn't be a gpl-only thing. If I buy something, I should be allowed to mod it in any way I choose, consistent with local environmental and safety regulations. In other words, if I can mod my washing machine to use 50% less energy, that's my right. Ditto with modding my computer, or anything else. The manufacturer doesn't own it after its sold.

      Unfortunately, the US government does not agree with you, so in countries (like the US) where such ridiculous limits exist, the GPL makes sure that your freedom to modify and run the program is not infringed.

      I still don't think any of this support's Linus' decision. I think - none of his accusations make any sense.
      --
      Did you ever notice that *nix doesn't even cover Linux?
    51. Re:You are wrong by 10101001+10101001 · · Score: 1

      My point is that's what the GPL3 is *supposed* to do. The fact that the current draft is imperfect is only reason to improve the draft, not to scoff at the idea of trying to negate the effects of hashes, keys, etc. It's just the fact that keys seem the biggest threat since so far hardware makers haven't tried imprinting a hash into hardware that would tie it to one OS and its driver. I'd suggest you email rms to point out this problem, especially since P3s having individual serial numbers embedded in them is a sign that it's not out of the realm of mass-production to do as you suggest, even if it would be ultimately very costly and counter-productive for most companies (few companies can manage to make a driver that doesn't need upgraded for one reason or another, and many people would scoff at the idea of buying known-defective hardware (imagine a lawsuit requiring a recall because of those hardcoded hashes)).

      --
      Eurohacker European paranoia, gun rights, and h
    52. Re:You are wrong by tomhudson · · Score: 1

      Its not just the ps3. A lot of devices can be tied to individual numbers.

      Upgrading would be done by chip replacement. They'd turn it into a revenue generator. "Want to upgrade to the BarfleGrap 2390? Order your replacement today ... only $49.95 + S/H"

      People would pay it because of the "perceived" value of a "hardware" upgrade.

    53. Re:You are wrong by grumbel · · Score: 1
      People ALWAYS have a choice.
      The choice to not use their own hardware is not what I call choice, because its not what people chose, but which the DRM forces them to.

      So do like I did, and buy a laser printer. Only reason why those have less locked up cadriges is a matter of market share, if that changes in the future, expect cadrige lookup there too.

      The specs might not be open, but this doesn't mean the card is locked down. There's nothing preventing people from reverse-engineering them.
      Many piece of hardware require some firemware to boot, which happens to be shipped with the driver, without that firmware the hardware won't work, if hardware happens to check for signature on that firmware (not sure if any actually do that), it would be *impossible* to make an OpenSource driver for that hardware.

      Last I looked, this is a separate issue - DVDs are content. And the "encryption" is broken.
      Yeah, its broken and illegal in plenty of countries to either use or ship.

      My point was that you always have choices.
      You call being forced to not do what I want "choice", I don't.
    54. Re:You are wrong by tomhudson · · Score: 2, Insightful

      You don't want DRM'd products. Fine, neither do I. But the ONLY way to combat them is to stop buying them. Modifications to kicenses will always have loopholes. Besides, once someone releases equivalent code under a BSD-like license, the leverage of the GPL is gone, because you can DRM the shit out of BSD code. The license allows it. So license changes will only force those who want to incorporate DRM into their products to invest in BSD-style development. However, if there were no market for DRM'd products, this wouldnt happen.

      Now for some Rant Time ...

      1. "The choice to not use their own hardware is not what I call choice, because its not what people chose, but which the DRM forces them to."

      DRM doesn't "force" people to buy a specific printer. Or Tivos. People have a choice. One of those choices is to say "not now."

      2. "Only reason why those have less locked up cadriges is a matter of market share, if that changes in the future, expect cadrige lookup there too."

      Check out your local store - or better yet, check out the people around you. How many of the them *don't* have a leser printer now? Lasr printers are now so cheap ($100) that a lot of times, people will pick one up rather than pay the price for another ink cartridge, so lasers certainly have significant market share.

      3. "Many piece of hardware require some firemware to boot, which happens to be shipped with the driver, without that firmware the hardware won't work, if hardware happens to check for signature on that firmware (not sure if any actually do that), it would be *impossible* to make an OpenSource driver for that hardware."

      Firmware downloaded from the OS is easy to study - you have a copy on your hard drive. But if you're worried about the lack of an open-source driver, DON'T BUY THE FUCKING THING!!! Send a message to ATI. Speak with your wallet. Money talks, bullshit just whines on the internet.

      4. RE: cotent-scrambling on dvds and deCSS:

      "Yeah, its broken and illegal in plenty of countries to either use or ship."

      Find me a country where you can't get a copy of decss (hint - google for decss download - you'll get over a quarter-million hits) ... and where the government will actually throw you in jail for using it. They tried with DVD John, and the **AA ended up with egg on their faces.

      5. "You call being forced to not do what I want "choice", I don't."

      Nobody is *forcing* you to accept products with DRM. Nobody is *forcing* you to buy a Tivo. When you go "I can't have it the way I want, so that's not a real choice" you come off as a spoilt brat. You want your shiney toys, you're addicted to them, and you're angry because they're not being offered on YOUR terms; you can't have it all.

      Awwwww, poor baby.

      A free market only works if people "suck it up" and boycott products they don't approve of. All the people whining about Tivo should really get a fucking life. If the product is so evil, so offensive, then don't buy it!. But don't sit there and whine about how "wrong" it is, when you clearly always have a choice. Don't like that they've done an end-run arund the GPL, legally? Then put your money where your mouth is. Boycott them. Anything less is hypocritical.

      Boycott products tht have DRM, support those that don't. This might mean not having the "latest and greatest", but that never killed anyone.

      There are legitimate concerns about DRM. I think it sucks. It implies the customer is a crook. It penalizes the honest, while not harming pirates. Its dumb. It will always be possible to work around it if there's enough incentive (eg: money).

      But to look at what people are complaining about, it looks more and more like a bunch of children who don't have the self-respect to be able to say no to anything, and want others to help protect them from their own inability to do so.

    55. Re:You are wrong by grumbel · · Score: 1
      Nobody is *forcing* you to accept products with DRM. Nobody is *forcing* you to buy a Tivo.
      You don't get it, I *WANT* to buy a Tivo (or gameconsole, or DVD player, or whatever), it is however impossible to buy those without some sort of DRM attached, since there aren't similar DRM free devices in the market. The only choice is to not buy them, that however invalidates my choice to buy a device with their capabilities in the first place. Now of course GPLv3 won't stop those devices, but it will at least make sure that no GPLv3 code ends up on those devices.
    56. Re:You are wrong by tomhudson · · Score: 1

      "You don't get it, I *WANT* to buy a Tivo (or gameconsole, or DVD player, or whatever), it is however impossible to buy those without some sort of DRM attached,"

      Oh, I "get it" all right ...

      1. I *WANT* to have an SUV, but I don't want to pay $4/gallon and shell half my pay to run it
      2. I *WANT* to have a lots of money, but I don't want to actually work for it
      3. I *WANT* to have a whole tub of ice cream for dessert, but I don't want to get fat
      4. I *WANT* to drink like a fish, but not have a hangover or get cirossis of the liver
      5. I *WANT* to smoke my lungs out, but its not my fault if I get cancer
      6. I *WANT* to zoom down the highway at 100mph because I'm a better driver than everyone else
      7. I *WANT* to have sex without a condom, because AIDS is something other people get

      Remember the Rolling Stones? "You can't always get what you wah-ant!"

      "Now of course GPLv3 won't stop those devices, but it will at least make sure that no GPLv3 code ends up on those devices."

      So, in other words, there's no real point to changing the GPL, as far as either the market or your actual wants are concerned.

      All this will do is push BSD code into the same devices.

      The only way to stop DRM is to not buy the product. That the market doesn't currently supply what you want is because you, and people just like you, won't stop buying DRM'd products. You're the problem.

      Linus pointed this out, as well as pointing out it may take a decade or two, just like it took time for the full effects of the current GPL to be felt. Why people don't "get" this obvious fact is beyond me. Oh, yeah ... you want it, you want it YOUR WAY, and you want it NOW! But if you can't have it your way, you'll take whatever shit is offered instead.

    57. Re:You are wrong by Anonymous Coward · · Score: 0

      Why worry? Let GPL3 go out and "the market" will sort itself out.

    58. Re:You are wrong by tomhudson · · Score: 1

      I'm not worried. I just think that gplv3 will ultimately be counter-productive.

      Its also going to be a bone of contention for those who included the "this version or higher" in their license. Many of them will never do that again, just on principle. They'll specify only a specific gpl version. Or they'll go to another license. If yu were worried about license proliferation before, "you ain't seen nothin' yet!"

    59. Re:You are wrong by anandsr · · Score: 1

      "Lets take a somewhat different example, looked at from the "other end of the telescope". A month ago I put out some python code under the gpl for doing some MySQL stuff. It only works with MySQL. Nobody has the right to tell me that I'm depriving them of their freedom to run my gpl'd code because it won't work with, say, Access."

      You are right you don't have the responsibility to make it work with Access. That is why we have GPL. It allows me to make the changes to your code to work it with Access. But the problem is that GPLv2 allows you to restrict me from making the changes if you make sure that the machine that runs your code does not run a modified version of your program. You could as well have produced a proprietory software.

      I don't know if the wording is the best now, but this modification is allowed. Tivo should not be allowed to use GPL software to make a proprietory system. If I buy TIVO and find that I can improve some aspects of it, I should be able to, because they used my (or other GPL software writers) software to produce their system. They should not be able to make it proprietory, just by adding DRM to the mix. It is too easy to circumvent GPL this way.

      I normally agree with whatever Linus thinks, but he is only an engineer. I love his ideas on software. But regarding to software Rights and Freedoms, RMS is way ahead of the world.

    60. Re:You are wrong by tomhudson · · Score: 1

      Even with your example, that doesn't prevent anyone from modifying the source and running it ... just not on that particular hardware. So your freedom to modify the source and run it hasn't gone bye-bye. You don't have to even buy the hardware to get the source - just find someone who already has a copy.

      Nothing is preventing you from competing with Tivo and offering a better product, based on their code.

    61. Re:You are wrong by nadamsieee · · Score: 1
      Manufacturers should be able to go out of business in any method they desire.

      GPLv3 arguments notwithstanding, I don't know of any legal requirement for hardware or software manufacturers to let consumers know the nature of the Digital Restrictions Mess they are getting into when they buy a particular product. So, yes they should be able to go out of business in any method they desire, but consumers should be able to help them do so without having to first buy a product from them (the consumer should see a big red DRM sticker on a product and make an informed decision as to whether to buy it or not).

    62. Re:You are wrong by dylan_- · · Score: 1
      I'm not even talking about Windows knock-off source-restricting distributions like Linspire -- I'm talking about community-supported and fully open-source distributions. They're being threatened with legal action for violation of the GPL thanks to GPLv2 terms that make it absurdly difficult for a grass-roots project to get started and remain financially sustainable.
      There is no financial burden. From the GPL:

      "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."
      So all they have to do is provide a dvd-r of the source on request, and charge a reasonable fee for it. Most people would just grab it from the mother distribution servers rather than do that anyway, so they're hardly likely to be swamped. In short, this is a non-issue.
      --
      Igor Presnyakov stole my hat
    63. Re:You are wrong by apotheon · · Score: 1

      There's a financial burden -- it's just a burden that may be ameliorated by way of fees for the service. For purposes of maintaining a full Linux distribution, though, this is hardly practical.

      --
      Unfetter your ideas. Copyfree your mind.
    64. Re:You are wrong by dylan_- · · Score: 1
      There's a financial burden -- it's just a burden that may be ameliorated by way of fees for the service.
      If the cost is covered then it's no longer a financial burden, now is it?

      For purposes of maintaining a full Linux distribution, though, this is hardly practical.
      Burning a couple of dvd-r a month, when the cost of the media, shipping and your time is covered is "hardly practical"? Can you justify that? Some people manage to burn a couple of dvd-r a month without being paid for it at all!
      --
      Igor Presnyakov stole my hat
    65. Re:You are wrong by apotheon · · Score: 1

      Are you even aware of how a community-based Linux distribution is managed? Have you ever used a package manager? Does the concept of "storage capacity" mean nothing to you? Have you ever heard of terms like "disaster recovery"? Do you know how much bookkeeping is involved in managing an archive of thousands of discrete package versions for a small distro? Are you under the impression that people would be willing to take the chance of being sued because they're a two-person operation and their basement flooded, wiping out the stored copies of six hundred GPLed software packages that haven't been obsolesced within the distro for three years yet? Does everything go exactly as planned in your world?

      --
      Unfetter your ideas. Copyfree your mind.
    66. Re:You are wrong by dylan_- · · Score: 1
      Are you under the impression that people would be willing to take the chance of being sued because they're a two-person operation and their basement flooded, wiping out the stored copies of six hundred GPLed software packages that haven't been obsolesced within the distro for three years yet? Does everything go exactly as planned in your world?
      The parent distro has the source code. Grab it from them, burn it to dvd, supply it. The GPL requires them to supply source code for binaries. This is a case where we're talking about binaries from source that has not been modified.

      Can you actually give me a real example of how this might possibly result in a lawsuit (with example parent distro and the program the source is required for), or can you only ask stupid patronising questions that have no bearing on the matter whatsoever?
      --
      Igor Presnyakov stole my hat
    67. Re:You are wrong by apotheon · · Score: 1

      I take it you haven't actually read the cases to which I've linked, where the FSF threatened legal action.

      --
      Unfetter your ideas. Copyfree your mind.
    68. Re:You are wrong by Anonymous Coward · · Score: 0

      I know this is a late comment, but I'm an economics student, and IP is not generally a monopoly, in the terms used by economists, but rather monopolistic competition, which is the normal market form in non-commodity industries.

      For example of IP, in CRT-based TVs, Sony had a patent (maybe they still do) on aperture grille (AG) technology (branded Trinitron), but this was not a monopoly because a TV using shadow mask (SM) technology was a very close substitutre. Neither was it perfect competition (or a truly 'free market'), however, because there were clear differences between a Sony TV (AG) and a competitor's TV (SM). Another example is Apple, who have a very strong brand (iPod) in the music player market, and are able to use this brand (another form of IP) to differentiate their music players from alternatives.

      Perfect competition, in fact, doesn't really exist at all, but the closest you'll find is in the agrigultural sector. A very important thing to understand about perfect competition is that its nature precludes the possibility of generating an economic profit (i.e. a profit in excess of the return that could be achieved by investing elsewhere, e.g. in financial instruments). This, in turn, restricts the amount of investment in capital, leading to very low levels of innovation. Monopolistic competition (whether the differentiating factor is brand, technology or some other factor), on the other hand, allows producers to generate economic profit, which can then be used to fund investment in new technology, capital, etc.

      As an aside, none of lecturers/professors I've had who have commented on Microsoft Windows have viewed it as a monopoly either, but the very high market share in the desktop market does give Microsoft much more market power than any of its rivals, so it is clearly in an unusually strong position. In the server market, things are a bit less lopsided, and Microsoft Windows is clearly not a monopoly, nor excessively powerful in the market, it's just the leading server OS (followed by Linux).

    69. Re:You are wrong by mrchaotica · · Score: 1
      I'm an economics student, and IP is not generally a monopoly, in the terms used by economists, but rather monopolistic competition, which is the normal market form in non-commodity industries.

      I'm using Thomas Jefferson's definition.

      Besides, there's no such thing as a "close substitute" for, say, individual works of art, or a patent covering fundamental algorithms. (Or, for that matter, a patent covering a file format -- there's only one way to decode a WMV, and there's no substitute for WMV because of all the videos encoded only in it.

      Another example is Apple, who have a very strong brand (iPod) in the music player market, and are able to use this brand (another form of IP) to differentiate their music players from alternatives.

      There is no such thing as a close substitute for an iPod, because nothing else can play FairPlay DRM'd music.

      Monopolistic competition (whether the differentiating factor is brand, technology or some other factor), on the other hand, allows producers to generate economic profit, which can then be used to fund investment in new technology, capital, etc.

      What's your point? The GPL fosters monopolistic competition as well -- it divides the market into Free and non-Free groups, which then compete with each other based on that differentiating factor. If you want an example of something that really provides perfect competition, look at BSD.

      The post before me and I only mentioned in contrast with the DRM market the other guy talked about, to show how it wasn't even close to beeing free like he said.

      none of lecturers/professors I've had who have commented on Microsoft Windows have viewed it as a monopoly either

      It's close enough that "monopoly" is a convenient shorthand for lay people to describe the effect it has on the market.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    70. Re:You are wrong by dylan_- · · Score: 1

      "The cases"? No, I didn't because you didn't link to any. You linked to your blog, which linked to a story that says that the FSF contacted the founder of MEPIS saying he had to provide source code to comply with the GPL (duh!). The author of the story then goes on to speculate about how this will destroy the world as we know it.

      They never threatened him, merely reminded him of his obligations. The story author, and you, claim that this is a difficult obligation to fulfill. I've pointed out above how easy it is to comply. You have yet to give a single argument as to why my reasoning is wrong, but continue to insist it is without ever addressing a single point.

      In short: I say it's easy to comply with the GPL in on this issue because you can burn the source to the requested binary onto dvd, and charge a reasonable sum for it. Now, tell me why exactly I am wrong and this is, in fact, extremely difficult?

      --
      Igor Presnyakov stole my hat
    71. Re:You are wrong by apotheon · · Score: 1

      . . .

      I said "cases", not "case studies". I'm afraid I don't have a $400k grant for a double-blind study into the financial obligations incurred by GPL compliance. If you can't read well enough to grasp the very simple explanations I've offered in previous posts, I'm afraid I'll have to chalk this failure to communicate up to your complete lack of reading comprehensions skills, or assume that you've never had to maintain disaster recovery standards in a production environment so that you lack any contextual understanding of the costs involved. That, or you're simply interested in defending the actions of Saint Stallman's little freedom-fighting r3b3lx0rz against all comers and will simply ignore all arguments that dispute that position substantively.

      "They never threatened him, merely reminded him of his obligations." Yeah. His "obligations" according to a license that imposes financial obligations on him — obligations that, unfulfilled, make him vulnerable to lawsuit, of which state of affairs they reminded him forcefully with a reminder that they, the FSF, will be the people doing the suing. That's the very definition of a threat. Cluestick: 1, FSF Fanboy: 0.

      --
      Unfetter your ideas. Copyfree your mind.
    72. Re:You are wrong by Lemmy+Caution · · Score: 1

      Yup. GPLv3 is just plain dumb. It "addresses" a non-existent problem. People have a choice between DRM and non-DRM platforms and software. They can and do vote with their wallets.

      GPLv3 gives developers the option to vote with their time and effort, as well.

    73. Re:You are wrong by Lemmy+Caution · · Score: 1

      Availability matters. If the availability of locked-in devices is much greater than that of non-locked-in devices, then fewer people have a practical choice.

      The creation of software which is anti-DRM helps increase the availablity of non-DRM hardware, by increasing the appeal of that hardware, and thus motivating the channel to order and stock it.

      You have an idea of agency that is limited to the last link in the chain: the consumer. Considering the complexity of network effects, this is almost a "blame the victim" approach. Why do people choose Windows or Office? Because of the network of other people and objects: IT departments, possible employers, people with whom they will share documents, 3rd party software that runs with Office (e.g., EndNote, in the case of my community of work). You have to generate pressure for alternatives farther "up the chain" to overcome these network effects.

    74. Re:You are wrong by Anonymous Coward · · Score: 0
      The application of DRM further creates a free rider problem where companies releasing under GPL risk finding themselves at a disadvantage versus those who dont; suddenly it's a one-way street.
      Nop, They still have to publish the code under GPL. Only that their systems don't accept third party compillations. It's only for their and their users disadvantage.
    75. Re:You are wrong by NickFortune · · Score: 1
      For game consoles, there are mod chips.

      ... the widespread illegality of which is not going to be an issue, because....?

      I don't know what the legal status of mod chips is in Canada, but they're far from a universal solution. The DMCA makes them illegal in the States, here in the UK they were banned a couple of years back. I seem to recall Austrailia banning them as well, so I don't think you can dismiss the case quite that lightly.

      And yes, you can also buy all the components needed to manufacture your own brand of laptop.

      Sure. And if I buy a parcel of land with some iron ore and copper on it, and some running water, I can probably reinvent the entire industrial complex from scratch. All it takes is time and dedication.

      But it's never going to be a widely adopted option, is it? Not even when it comes to making an mp3 player.

      If the first requirement for a free software enthusiast is that he roll his own hardware, that's going to rule out all but the most dedicated and technically adept. It would mean the end of Free Software as a popular movement. That may not be a big deal to you personally, but that doesn't mean the issue isn't very important to a lot of other people.

      --
      Don't let THEM immanentize the Eschaton!
    76. Re:You are wrong by tomhudson · · Score: 1

      You can't "generate pressure further up the chain" if the consumer doesn't vote with their wallet.

      As for the relative availability argument, look at new cars - GM is sitting on a huge unsold inventory , trying to give cars away with huge discounts and zero financing, and Toyota is selling everything they can make at full sticker price.

      Put it another way - if you're in the market for non-drm'd hardware, its irrelevant if there are 100 drm'd devices - you'll only consider the 5 non-drm'd devices.

      And yes, I "do blame the victim" in cases like this. People bitch and moan about Windows, but they continue to use it when they have options. They keep whining about how linux is "too complicated" or "not yet ready for the desktop", when in reality linux is easier and quicker to install, and, without the virus worries, MUCH more capable as a desktop box.

      Same with drm'd hardware and software and music. Nobody is forcing people to buy from iTunes, then lose all their songs when they have a crash. The solution for that has been available for more than 2 years, but we still hear it all the time.

      There IS an "interesting" provision in the GPLv3 "This License permits you to make and run privately modified versions of the Program, or have others make and run them on your behalf. However, this permission terminates, as to all such versions, if you bring suit against anyone for patent infringement of any of your essential patent claims in any such version, for making, using, selling or otherwise conveying a work based on the Program in compliance with this License."

      Unfortunately, this provision is pretty useless. It doesn't prevent another SCO, for example. Anyone could still make, use, redistribute unmodified versions while asserting patent claims. The reason they couldn't all use (including unmodified versions) is because you can't "lose your rights" to something because of actions of a 3rd party.

      Put another way - if you modify the source and include your own patented stuff, you can't distribute it, then claim patent infringement for use in that software. But you know something? No court would have found otherwise with GPLv2. So why bother?

      GPLv3 is, more and more, a can of worms.

    77. Re:You are wrong by tomhudson · · Score: 1

      If you have a choice between the "latest and greatest, shiniest, sleekest" hardware with drm, and some slightly older, or plainer, much cheaper hardware w/o drm, you have only yourself to blame for being distracted by "oh, look - shiney ...."

      I don't know many people who go out and buy a "name brand" computer - they mostly either go to a baige-box assembler, or build it themselves, or get someone else to. For one thing, the hardware comes with better warranties when you build it yourself. For example - if I buy a retail computer, it comes with a 1-year warranty. If I build it myself, the cpu has a 3-year warranty, the hard drives are warranted for between 3 and 5 years, the memory for life, etc. The money I save can buy a nice-looking case, etc. And I STILL have a better warranty than if I go to a name-brand store.

      Its not like asembling a computer is rocket science any more. 15 minutes and you have a working box. A kid can do it. No thechnical knowledge needed. The motherboard comes with a do-it-yourself manual, and even the "engrish" is getting better. Assembling a vacuum cleaner is more complicated. Assembling your own computer is on about the level of changing the oil and spark plugs on your car. Millions of people do this themselves every day.

    78. Re:You are wrong by tomhudson · · Score: 1

      No it doesn't. There's nothing preventing someone from cherry-picking any new, neat feature you come up with, and duplicating it (w/o looking at the source), and doing whatever they want with it.

      So all you end up doing is creating forks. Proprietary forks. Not good.

      Which would you rather have - Tivo running linux, or Tivo running Windows? A win for linux or a win for Microsoft? Really, think about it ...

    79. Re:You are wrong by Anonymous+Brave+Guy · · Score: 1

      Its also going to be a bone of contention for those who included the "this version or higher" in their license.

      Indeed. Of course, anyone naive enough to play in the world of software without specifying exactly the licensing terms their code is released under is kind of asking for whatever they get. Why on earth would you trust any group of people you don't know to specify the licensing conditions under which your code may be released as they see fit, particularly anyone in the politics-ridden world of the FSF/GPL? The whole "this version or higher" thing was always an idiocy.

      FWIW, I agree with pretty much all of Tom's points about the daftness of the GPL3 and the unfortunate understanding of it and the surrounding issues exhibited by others in this thread. I think a few people around here are suffering from the "everything should be free" fallacy taken to its logical conclusion.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    80. Re:You are wrong by VGPowerlord · · Score: 1

      In fact, it's usually better to let a kid do it. They know more about computers than their parents.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    81. Re:You are wrong by NickFortune · · Score: 1
      Its not like asembling a computer is rocket science any more. 15 minutes and you have a working box.

      It took me about a day the first time I tried it, and I'm not exactly non-technical. That's just assembly time, and doesn't include the month or so beforehand, reasearching the matter and trying to get a handle on what all the socket numbers meant, which CPUs worked with which mobos and what sort of memory I'd need. Even then, there's still learning curve involved, and it can be quite expensive. You don't really understand the importance of thermal paste until forget it one time and fry the CPU.

      And of course, this all pre-supposes that the DRM isn't built into the mobo or the CPU. Which is far from a given, so far as I can tell.

      At the end of the day though, we're trying to lower the barriers to entry here, not raise them. The hypothetical Great Aunt Mildred that we're always trying to get to install Linux has enough challenges clicking her way through an installer. Requiring her to build her own computer before she starts and we might as well not bother.

      --
      Don't let THEM immanentize the Eschaton!
    82. Re:You are wrong by tomhudson · · Score: 1
      Come on, there's no way it takes more than an hour to slap together a box, never mind a day. And the cpu comes with thermal paste on it (and you can even skip THAT step if you get a cpu/mobo combo).

      So, lets see ...

      1. Take combo cpu/mobo out of box;
      2. Slap the memory in
      3. Screw the 6 stand-offs to the case
      4. Screw the mobo to the stand-offs with 6 screws
      5. snap the drive cables to the connectors on the mobo
      6. set the jumpers for the hard drive and dvd burner both to master
      7. connect the cables - 1 for hd, 1 for dvd
      8. screw the hd and dvd into the case - 4 screws each
      9. If the case didn't come with a power supply already installed, 4 screws fixes that
      10. plug the power supply to the mobo (1 or 2 cables), dvd and hd
      11. run sound cable from sound pins on mobo to dvd player
      12. plug it in - if it boots up, close the case and you're good to go.
      There's no need to fool around with floppy cables or drives, usb wiring, the cpu, network card, sound card, video card. If this takes you a day, you have serious problems. As for the parts information, all you had to do was ask a clerk, or the kid next door. Assembling a computer is a LOT easier than changing the spark plugs on a car, which on a sideways v-6 is a real pita.

      As for installing the operating system and applications - Windows loses big-time here in terms of ease as well as cost.

      If Aunt Mildred can't in stall Linux, she certainly can't install Windows. But I'd bet if you gave her that bare box and an ubuntu disk in the dvd drive, she'd be able to click the shit out of the "install" icon and install linux. Windows, Office, an antivirus, and all those comparable applications, then entering product keys from that itty bitty sticker that you need a magnifying glass to fucking read (or you se the photocopier to make a double-sized copy)? Bwahahahahaha ...

      Give it up. Windows is harder to install.

    83. Re:You are wrong by NickFortune · · Score: 1
      Come on, there's no way it takes more than an hour to slap together a box, never mind a day.

      If you know what you're doing, and you're reasonably confident, then quite possibly, yes. It's not exactly the general case though, is it?

      If this takes you a day, you have serious problems.

      Now, now. Be polite.

      Windows loses big-time here in terms of ease as well as cost.

      Did I write something that read like "Windows is better than Linux?" You're going to have to show me what that was. My point is that acceptance of DRM raises the barrier to entry for free software, and that this is a bad thing.

      If Aunt Mildred can't in stall Linux, she certainly can't install Windows. But I'd bet if you gave her that bare box and an ubuntu disk in the dvd drive, she'd be able to click the shit out of the "install" icon and install linux.

      Never used Ubuntu, but from what I hear, I expect you're probably right. And, if Mark Shuttleworth ever comes up with a PC that will self-assemble from hardware components on a single push of the button, then I expect Aunt Mildred will be able to do that, too.

      But until that day comes, if she has to build her own box to run free software, then she's probably going to stick with a Dell, and just run whatever comes preloaded. So we can't really dismiss DRM concerns without going the wrong way down the usability curve.

      And that's still presupposing that the DRM doesn't come built-in to the mobo and/or CPU.

      --
      Don't let THEM immanentize the Eschaton!
    84. Re:You are wrong by tomhudson · · Score: 1

      My point is that acceptance of DRM raises the barrier to entry for free software, and that this is a bad thing.

      Whose acceptance? If the consumer rejects it, it doesn't matter how much everyone else down the line thinks its the greatest thing since sliced bread.

      Edsel, Corvair, New Coke, Microsoft Bob and Clippy, the Newton, slavery, Prohibition ...

      Take a long, hard look at that last one - Prohibition - and see what the consequences are for trying to defy the general publics' will.

    85. Re:You are wrong by NickFortune · · Score: 1
      Whose acceptance?

      Well, you're posting on Slashdot, and you're apparently arguing to the free software contingent that DRM is not in fact worth their time to oppose, since any geek worth the price of a propellor beanie can build their own box in an hour or less. So it seemed reasonable to infer that you were suggesting the free software community just accept DRM and get on with their lives. Did I miss something?

      If the consumer rejects it, it doesn't matter how much everyone else down the line thinks its the greatest thing since sliced bread.

      Are you seriously proposing that DRM will fail because everyone will start building their own computers? Or just that our best strategy is to build our own hardware and hope that joe consumer will do likewise?

      Because either way, I have to question your judgement.

      --
      Don't let THEM immanentize the Eschaton!
    86. Re:You are wrong by tomhudson · · Score: 1

      No, I'm saying the same thing Linus said - that DRM is not going to go away because we change a license - its going to go away only if consumers reject it.

      If consumers embrace it, then GPLv3 is irrelevant, since people won't care, and will stick with DRM'd solutions anyway.

      If consumers reject it, then GPLv3 is irrelevant, because people won't be using DRM'd solutions anyway.

      Its not relevant under either scenario. ultimately, DRM is a social problem, not a licensing problem.

      And yes, the ability for any Joe Sixpack to slap together a computer with only a bit of knowledge was a very liberating thing ... or have you forgotten that before the advent of personal computers, everything was centrally controlled off a few machines, with access strictly limited.

      The battlefield isn't between developers and manufacturers -its totally with the consumers. Toyota understood this, and GM didn't, so while Toyota built cars for consumers, GM built cars to compete against their competitor Ford. That's why either this year or next, Toyota will be the largest car manufacturer in the world and GM and Ford are both facing bankruptcy.

    87. Re:You are wrong by dylan_- · · Score: 1
      I said "cases", not "case studies". I'm afraid I don't have a $400k grant for a double-blind study into the financial obligations incurred by GPL compliance.
      Who said anything about case studies? As for a "double-blind study", that just makes it clear you don't even know what a case study is!

      blah blah...ad hominum in the hope you won't realise I haven't a clue what I'm talking about, and that's why I'm unable to give a single explanation but must keep on making the same claims without any reasoning. Leave my little crusade alone!
      Yeah, OK. It's not really going to affect anyone living in the real world anyway. Enjoy!
      --
      Igor Presnyakov stole my hat
    88. Re:You are wrong by apotheon · · Score: 1

      re: case study
      You made a comment that, whatever you consider a "case" to be, you weren't referring to example incidents, since I have made reference to a couple of those but you didn't seem to think that was enough.

      re: double-blind study
      I recommend you buy yourself a dictionary. Look up the word "hyperbole". Realize I'm not talking about the mathematical definition of the term.

      re: ad hominum
      There's an E in that term.

      --
      Unfetter your ideas. Copyfree your mind.
    89. Re:You are wrong by Lemmy+Caution · · Score: 1

      A win for Linux that isn't a win for open source isn't a win for me. It's a win, perhaps, for the manufacturer. I'm not a fan of one OS or another - I'm someone with a certain vision of where technology and research should go. If Windows went open source, I'd prefer its adoption (if not every instance of it) over an increasingly closed Linux.

    90. Re:You are wrong by tomhudson · · Score: 1

      I figure that if that's the only way its going to get built (because of market dynamics, etc) then its better than nothing. I guess that's the difference between a glass half full, and a glass half empty. Now if someone could explains WTF the difference really is between a glass that's half full and one that's half empty ... because to me that saying doesn't make sense. At least "free as in beer" does.

    91. Re:You are wrong by MrBrklyn · · Score: 1

      The New GPL solves the fundemental problem that the GPL was origianlyl designed for. It prevents someone from using a physicl barrier which removes all of the freedoms that an individual has with software which up til now has been only legally bound up.

      We're facing a situation today where the legal contracts are irrelevant because the available hardware enforces restrictions which were previously only enforcable through contract and copyright law. Its not a market issue. Its the use of copyright contracts and the GPL to enforce the software writer and users rights to have continued access to Free Software. If the majority of available laptops use a DRM scheme, in the way that "Linus" is talking about, to restrict their running only a version of a MS OS, then the Free Software users, and all the GPL's in the world is fucked.

      Ruben
      President NYLXS
      Founder of New Yorkers for Fair Use

      --
      http://www.mrbrklyn.com/amsterdam.html http://www.brooklyn-living.com
    92. Re:You are wrong by tomhudson · · Score: 1

      Your example actually makes my claims more plausible. If the majority of laptop manufacturers only make locked-down ms-compatible laptops, then the few who don't will get "more than their share" of action, won't they? Or are you saying that somehow when it comes to DRM, that the market is not a "free market", and that somehow or other everyone will be mystically prevented from manufacturing non-locked-down hardware?

      DRM'd hardware doesn't remove your freedom to run the software elsewhere, just not on that hardware. What's the big deal? You still have ALL the freedoms of free software, including the right to the source code, the right to modify it, the right to run it on other hardware. That it won't run modified on a particular piece of hardware doesn't affect these freedoms, any mor than your old amiga software not running on an intel box.

  13. Re:You're so wrong it's painful. by botzi · · Score: 1

    I'm VERY MUCH against TC & the TCG. The whole idea is wrong with me.
    Linus says, it's not the GPL's business to forbid the kind of use he cites. I agree with him. I don't think that v3 should impose those restrictions. I don't think that's the way to win this fight.

    <spoiler> We won't win this fight. </spoiler>

    --
    1. No sig. 2. ???? 3. Profit!!!
  14. GPL v3 will fail by cryfreedomlove · · Score: 4, Insightful

    It will get issued but it won't get widely adopted. RMS has become impatient in this quest for social revolution and now he's decided to wield a bigger club. I don't think many others, who write and widely distribute highly useful software, will pick it up and join him.

    1. Re:GPL v3 will fail by RLiegh · · Score: 2, Interesting

      gcc, gnome, glibc, et al will be enough to get the ball rolling; particularly vital libraries such as readline which will undoubtably be changed over to use the new license.

    2. Re:GPL v3 will fail by phantomfive · · Score: 3, Informative

      I am one developer who will be using the GPL v3. It's fine with me if people want to use my work, but I would like a little respect in return.
      Further, the entire GNU toolchain will become GPL v3, which is not insignificant. GCC likely will become GPL v3. Based on the comments I've been seeing so far, a lot of other developers feel the same way I do.

      --
      Qxe4
    3. Re:GPL v3 will fail by maxwell+demon · · Score: 1

      Well, the GPLv3 explicitly allows to have extra permissions (indeed, LGPL is now realized through this extra permission clause). So AFAIU you can license your code under GPLv3, but give explicit extra permissions to all those extra things allowed by the GPLv2 but not by default allowed by the GPLv3.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    4. Re:GPL v3 will fail by _Sprocket_ · · Score: 1
      RMS has become impatient in this quest for social revolution and now he's decided to wield a bigger club.


      Is this an interpretation or do you have quotes to back that up? My own interpretation is that the environment is changing and the FSF wants to change the GPL in an attempt to counter some of the more onerous trends. The new license certainly seems more aggressive. But then so do said trends.
    5. Re:GPL v3 will fail by Prof.Phreak · · Score: 4, Interesting

      I don't see what the big deal is. I mean really, if you have the source code, it is implied that you should be able to tweak how things work. What's the point of having the source code without the ability to tweak things (ie: if the hardware is locked to not accept your tweaks?).

      This leads to "trusted computing"---while this discussion is centered around `devices', it might find its way into computers. Imagine all the motherboard manufacturers being forced (by the paid off politicians?) to not allow you to run non-signed operating system. Obviously MS will get a signature, as well as major Linux distributions, but... What's the use of having the entire source for Linux, if you cannot compile and run your own version?

      I see GPL3 as an extention and realization that hardware now a days is exactly like software. General purpose microcontrollers running some software is NOT a `device' in the same sense it was a few years back, it's a computer running software. Very few devices are `custom built'---most are just microcontrollers with software determining how the thing works and `what it is'. GPL3 essentially says hardware = software as far as licensing is concerned. You cannot close hardware if you use open software on it. I think it makes sense.

      Anyone who disagrees with this isn't a consumer of hardware/software. They're hardware vendors looking to lock out users, while at the same time getting a free ride from open software.

      --

      "If anything can go wrong, it will." - Murphy

    6. Re:GPL v3 will fail by Lehk228 · · Score: 2, Interesting

      if that happens the GPL2 versions will be forked and maintained separately and the FSF itself will fade into irrelevance.

      --
      Snowden and Manning are heroes.
    7. Re:GPL v3 will fail by kosmosik · · Score: 1

      > I don't see what the big deal is. I mean really, if you have the source code,
      > it is implied that you should be able to tweak how things work.

      It is implied that you can twaek the source code. Not the way how the hardware works. OpenSource Software license should not force how the HARDWARE should work. I think it needs separate license/certification for hardware. Like OpenHardware. This could solve the problem - then you will known - this hardware is OK, it is compatible, we like it. That other hardware is piece of smelly crap and we don't like it. Simple.

      Have you ever tried to buy notebook for running Linux? I have recently and it was pure hacking - meaning hunting for information on various components in very obscure places. Of cource there are some sites that certify hardware for Linux but the choice is very narrow.

      > What's the point of having the source code without the ability to
      > tweak things (ie: if the hardware is locked to not accept your tweaks?).

      The point is that you can run it on DIFFERENT hardware. Practically it is an advantage - right now x86 is an architecture of the day, 5 years later it can be whatever. Using Linux (and OpenSource software) I have the comfort of knowing that if the hardware changes I will probably switch to the better option still using the same tools.

      Now with closed source when given piece of software runs x86 and the vendor does not want to port it to something else you are done with it.

      > This leads to "trusted computing"

      This is a buzzword. Full of crap. "Trusted computing" is simple an implementation of hardware that can be controlled to execute software or not based on the fact who you trust. It is perfectly normal and it will be implemented as it is valuable. It neutral as technology - same as kitchen knife, I can make a delicious food with a knife, I can also stab you with it - does this mean that knifes are bad? No that only means that people stabbing other people are bad. Same with Trusted Computing, DRM, hardware level execution protection - it is neutral.

      > ---while this discussion is centered around `devices', it might find its way
      > into computers. Imagine all the motherboard manufacturers being forced (by
      > the paid off politicians?) to not allow you to run non-signed operating system.

      They are free of doing that. Maybe I am first person to tell you that but theoreticaly polititians have mandate of masses. It is the worst system called capitalism/democracy - but there is nothing better.

      > Obviously MS will get a signature, as well as major Linux distributions, but...
      > What's the use of having the entire source for Linux, if you cannot compile
      > and run your own version?

      You are reffering to an scenario that is not quite possible, and a bit dramatic.

      > I see GPL3 as an extention and realization that hardware now a days is
      > exactly like software. General purpose microcontrollers running some
      > software is NOT a `device' in the same sense it was a few years back,
      > it's a computer running software. Very few devices are `custom built'
      > ---most are just microcontrollers with software determining how the
      > thing works and `what it is'. GPL3 essentially says hardware = software
      > as far as licensing is concerned. You cannot close hardware if you use
      > open software on it. I think it makes sense.

      But you can CHOOSE what hardware you use - at least right now. I can buy and use whatever I want.

      > Anyone who disagrees with this isn't a consumer of hardware/software.

      I am and I disagree.

      > They're hardware vendors looking to lock out users, while at the same
      > time getting a free ride from open software.

      Who exactly?

    8. Re:GPL v3 will fail by Anonymous Coward · · Score: 0

      A little respect?! for writing fucking SOFTWARE? For writing CODE?! Please tell me you're joking.

    9. Re:GPL v3 will fail by phantomfive · · Score: 1

      I don't care if you respect me for writing code or not. But if you're going to use my code, then yes, I demand that you respect my (legal) wishes with regards to said code.

      --
      Qxe4
    10. Re:GPL v3 will fail by dbIII · · Score: 1
      I am one developer who will be using the GPL v3.
      Why, what are the specific improvements over the previous version that make you want to change licences?

      Please say more than "because gcc will be using it" - what is it that specificly applies to your project and improves things?

    11. Re:GPL v3 will fail by AlXtreme · · Score: 1

      I think you underestimate how much work the FSF puts into the GNU toolchain. The only people having something to win with sticking to GPL v2 are people holding patents and trumpeting DRM/TC. I expect efforts into v2-forks will be short-lived.

      --
      This sig is intentionally left blank
    12. Re:GPL v3 will fail by Ph33r+th3+g(O)at · · Score: 1
      This is a buzzword. Full of crap. "Trusted computing" is simple an implementation of hardware that can be controlled to execute software or not based on the fact who you trust. It is perfectly normal and it will be implemented as it is valuable. It neutral as technology - same as kitchen knife, I can make a delicious food with a knife, I can also stab you with it - does this mean that knifes are bad? No that only means that people stabbing other people are bad. Same with Trusted Computing, DRM, hardware level execution protection - it is neutral.

      It's only neutral if the owner of the hardware is given all the keys, including the endorsement keys. Otherwise, it's an evil system of control.

      --
      I too have felt the cold finger of injustice.
    13. Re:GPL v3 will fail by Rich0 · · Score: 1

      Disclaimer - I'm not the grandparent poster so I can't say why he would want to use it. But, here are a couple of reasons why developers might want to use it:

      It reduces the amount of free-as-in-beer software available to manufacturers of locked-down / DRM hardware - thus it increases the cost of such hardware and makes open hardware more competitive. Just think how much more expensive a Tivo-like appliance might be if they didn't get to use linux - they might consider allowing their hardware to run unsigned binaries as a result rather than licensing an alternative OS.

      It ensures that if somebody makes public commercial use of my code and generates a lot of improvements that I will be able to incorporate those improvements into my code. Right now they could just run it on a webserver and not distribute their source.

      Keep in mind that the time free software developers is valuable - many would like to receive compensation for it. If a private user with shallow pockets wants to use their software, well then fine. If a big megacorp is going to make a mint using the software they should at least give a little something back to the original developer - either their source code or a negotiated non-GPL license fee. Think MySQL - it would never work without the GPL (that is - their business model).

      Nobody is forced to accept the GPL - they just need to reinvent the wheel (or at least the parts of the wheel that aren't available under BSD/etc).

    14. Re:GPL v3 will fail by phantomfive · · Score: 1

      Because it's version 3, and 3 is better than 2. Of course. j/k

      I like it because it fits in better with other open source licences, and I agree with the anti-DRM clause. I also agree with the patent clause, although the wording can be better. In fact, that is one of my major issues with version 3, the wording is much more confusing than in version 2. But with this draft, there have been enough improvements that I am satisfied and feel good using it.

      --
      Qxe4
    15. Re:GPL v3 will fail by Rich0 · · Score: 1

      It is implied that you can twaek the source code. Not the way how the hardware works. OpenSource Software license should not force how the HARDWARE should work. I think it needs separate license/certification for hardware. Like OpenHardware. This could solve the problem - then you will known - this hardware is OK, it is compatible, we like it. That other hardware is piece of smelly crap and we don't like it. Simple.

      Great - so one day consumers might have a choice between a 15GHz Intel PC for $400, or a 1GHz OpenPC for $1500. Some choice - nobody will buy open hardware unless it is mainstream, and it will never be mainstream unless the average person can see the benefits - most average people don't change their OS.

      If I write a software package I would prefer that it not be usable by the customers of closed hardware. This means that the vendors of closed hardware will need to reinvent my software package or open their hardware. This makes the open hardware more competitive (either by making more mainstream hardware open, or raising the costs of closed hardware). If I spend my time writing software it isn't so that some proprietary vendor can use it in their effort to lock down their hardware.

      "Trusted computing" is simple an implementation of hardware that can be controlled to execute software or not based on the fact who you trust.

      Define "you". If I buy a computer and I am provided all keys embedded in the hardware (and their associated related keys) then it functions as you describe - I can sign software and the computer will trust it, or I can sign data and a remote computer that trusts my computer will trust the data.

      However, this is not the model envisioned in Trusted Computing. In general the keys and associated related keys will not be given to computer owners, but will be maintained by a 3rd party. Therefore, it isn't about who "you" trust, but rather who "they" trust. The "they" in this case might be a media distributor who doesn't trust "you" but rather wants to communicate directly with your computer hardware, which they trust only because you don't have control of it.

      If my computer had a chip in it that would track all software running on it and certify this list using a keypair that I provided it with, and if the chip would only allow software I signed to be run, then I would consider this an EXCELLENT feature. It gives me more control over my own hardware and makes rootkit detection foolproof and remote software installation impossible (without my authorization). The key is whoever knows the keys controls the whole scheme. I submit that the keys should be owned by whoever pays for the hardware.

    16. Re:GPL v3 will fail by noidentity · · Score: 1

      "It will get issued but it won't get widely adopted. RMS has become impatient in this quest for social revolution and now he's decided to wield a bigger club. I don't think many others, who write and widely distribute highly useful software, will pick it up and join him."

      First off, the GPL version 2 is already good enough that any new version would have difficulty replacing, partly because of the headache of changing licenses. Regardless, in providing GPL version 3 the FSF is merely giving authors a new tool to use; the choice is (as always) up to the author. If many authors want this tool, why shouldn't the FSF provide it? The new restrictions are there for the very purpose of making software more useful, by ensuring that anyone using the software is guaranteed to be able to improve it and actually be able to execute the improved version.

    17. Re:GPL v3 will fail by Anonymous Coward · · Score: 0

      And if you don't, he'll sue your ass. And I (and others) will contribute to his legal fund.

      Suck on that.

    18. Re:GPL v3 will fail by kosmosik · · Score: 1

      > Great - so one day consumers might have a choice between a 15GHz Intel PC for $400,
      > or a 1GHz OpenPC for $1500. Some choice - nobody will buy open hardware unless
      > it is mainstream, and it will never be mainstream unless the average person
      > can see the benefits - most average people don't change their OS.

      So you want to force what an average person should do? Bad idea.

      BTW it is so right now. When you use Linux f.e. when it comes to choosing wireless card, you can choose between cheap card that has all the bang it needs - just dont work in Linux (which is obviously not an option) or you can choose expensive, old chip based card that works with Linux.

      Call it OpenWIFI. :)

      > If I write a software package I would prefer that it not be usable
      > by the customers of closed hardware. This means that the vendors of
      > closed hardware will need to reinvent my software package or open
      > their hardware.

      And that is exactly what Linus does not want to.

      >> "Trusted computing" is simple an implementation of hardware that
      >> can be controlled to execute software or not based on the fact
      >> who you trust.

      > Define "you".

      Obviously - me who owns the hardware.

      > If I buy a computer and I am provided all keys embedded
      > in the hardware (and their associated related keys) then
      > it functions as you describe

      Yes - that is perfectly good, don't you agree?

      > I can sign software and the computer will trust it, or I
      > can sign data and a remote computer that trusts my computer
      > will trust the data.

      Is it wrong? I like the idea very much.

      > However, this is not the model envisioned in Trusted Computing.

      No. This is exactly the model. The problem is *WHO* owns the hardware, not the DRM itself.

      > In general the keys and associated related keys will not be
      > given to computer owners,

      So don't buy the machine.

      > but will be maintained by a 3rd party. Therefore, it isn't about
      > who "you" trust, but rather who "they" trust. The "they" in this
      > case might be a media distributor who doesn't trust "you" but
      > rather wants to communicate directly with your computer hardware,
      > which they trust only because you don't have control of it.

      Don't buy the content then.

      > If my computer had a chip in it that would track all software
      > running on it and certify this list using a keypair that I
      > provided it with, and if the chip would only allow software
      > I signed to be run, then I would consider this an EXCELLENT
      > feature.

      Oh, yes. You see the point now. :)

      > It gives me more control over my own hardware and makes rootkit
      > detection foolproof and remote software installation impossible
      > (without my authorization). The key is whoever knows the keys
      > controls the whole scheme. I submit that the keys should be
      > owned by whoever pays for the hardware.

      Exactly. But consider thay paying for hardware does not exactly makes you the owner of it. F.e. when you rent a car you pay for it but you don't own it.

      When you buy commercial software (well most of it) - you don't buy to own it, you buy to own a license.

      So the real and only option to fight for control of your hardware (not to fight against DRM) is to vote with your wallet. Complex software licenses that impose something on hardware vendors about *their* hardware is'nt going to make any good.

    19. Re:GPL v3 will fail by Rich0 · · Score: 1

      When you buy commercial software (well most of it) - you don't buy to own it, you buy to own a license.

      Uh, care to cite the appropriate law here? And I don't mean the EULA (an after-the-fact contract that lacks consideration).

      If you buy a book you OWN it. You don't have the right to copy and distribute it, but you do in fact own it. You can resell it.

      Ditto for software - if it looks like a duck and walks like a duck you can't put a piece of paper in the box that says it is really a giraffe.

      Sure, you won't find any mainstream software vendor who supports this view, but I'm sure if you talk to folks at the EFF or FSF (who are the ones writing the GPL that is the topic of this discussion) they would generally hold to the idea that software is sold. I think you'll find very little law in support of any other concept - just a lot of big-software-company press releases.

  15. GPL software didn't work. by aersixb9 · · Score: 0

    Although the idea of community built software seemed to be a good one, it appears as though most programmers that are any good want to get paid for the software they write. So although the GPL/Open software is pretty good, the best software is the closed source commercial software. I started an open source project once, (an alternative client for the old game 'dragonrealms') and found extremely lackluster support from the coding community on continuing/debugging my project for the communal use, even from other coders that could possibly have been able to add something to the project. I assume other OSS projects are this way too, where one person does most of the work, posts it publicly, the public doesn't add anything to the project, and the original author then does their next project closed source commercial. On the other hand, it is nice to have source and free projects available...they just don't seem to fit in with our capitalistic society. Perhaps if more companies sold the source to their commercial (old?) products, that would be a superior alternative to OSS? Especially if some of the larger companies released their source as an API, kind of similar to what ID does with its quake series, except for a reasonable price and with some documentation, perhaps.

    1. Re:GPL software didn't work. by PeterBrett · · Score: 1

      I'm getting paid for working on OSS this summer. And no, it's not a SoC project.

      Whether or not software is free (as in freedom) and whether or not you get paid for working on it are entirely orthogonal issues. I think a lot of people fail to realize this.

    2. Re:GPL software didn't work. by dvice_null · · Score: 1

      > I assume other OSS projects are this way too, where one person does most of the work, posts it publicly, the public doesn't add anything to the project

      This could be true for many OSS projects, not for all. Usually the most popular projects do also get most of the contributions from the community. I have for example send patches to several open source projects. If people are not interested about your project, they won't propably do any developing for it either.

      It also matters how easy it is to get into the code and how easy it is to find out what part of the code does what etc. Documentation (or lack of it) and support (answering questions) matters a lot.

      I would recommend that no-one starting an open source project would assume that they can just start the project and community will then take over and finish it. Usually it takes a lot of hard work and the person starting the project needs to make the software at least to the level where it is so good that people would actually use it. First you need to get a large user base, after that, people might start sending patches if it is easy enough. After that, someone submitting several patches might be interested in joining as a developer, after a while that person could become one of the main developers and then you won't be alone anymore.

      But best practice I have seen is to team up with people you already know and start a project with them. That way the project might have progress, even when one or more of you don't have time or motivation to continue. But again, don't assume that others would help you. They might and propably do at the start, but it is very common that they stop eventually.

      But then again, we have projects that have been abandoned by the developer, and someone has forged the project and started maintaining it. So all isn't lost when the project is open source, if it just is good enough for someone to take over.

    3. Re:GPL software didn't work. by awkScooby · · Score: 1
      That's crazy talk.

      Community built software works, if there's enough demand for the software. Niche applications are going to find very little developer support, but widely used apps like: GNU/Linux, Apache, Tomcat, PHP, MySQL, PostGres, Bind, dhcpd, sendmail, qmail, etc. find lots of support. It is in everyone's interest (minus a few commercial software companies like Microsoft) to make this software work better.

      I don't have a clue what 'dragonrealms' is. I doubt there's widespread demand, so you don't have much of a pool of people to pull resources from. Given that it's an 'old game', you're probably going to find most people interested in playing, rather than coding. That doesn't mean that the open source model doesn't work -- just that it doesn't work for that particular niche application.

    4. Re:GPL software didn't work. by Anonymous Coward · · Score: 1, Insightful

      There is one fundamental flaw in your argument. Your OSS project (no matter how much you want to think it is) was not as marketable as something like say Mozilla Firefox. How many people are going to play "dragonrealms" much less code for it? Now think of what people do from day to day on the computer. For the average Joe User, the computer is meant for e-mail checking, light browsing of the internet, etc. Both of those activities require some way of gathering information from webservers. Most modern web browsers like Mozilla Firefox offer Joe User an easy way of getting just that.

      As for the public not adding anything to the project, that may be true, but without at least a minority of the public adding value to projects such as mplayer, KDE, GNOME, etc., these projects would not be still alive.

      If nothing else, the simple thank yous of the general public are enough to make this open source coder's day.

    5. Re:GPL software didn't work. by Ohreally_factor · · Score: 1

      While I disagree with your overall assessment, you bring up some good points regarding free v. proprietary. Free software does have pitfalls, as you discovered. Many many OSS projects fail. There is a huge amount of redundancy and possibly wasted effort.

      The main thing that proprietary software offers over free software is the financial carrot as a lure. (This is not to say that one cannot make money or benefit financially from creating OSS. One can, but it's not so clear cut.) Now, in the case of your failed project, you could have hired people to work on it with you, but obviously that would have been a losing proposition for you. So how can you motivate people without cold hard cash?

      I think it comes down to three things.

      1) You need itchy people. If your project has the potential to scratch many people's itches, you are more likely to find other people willing to devote time to developing your project. Maybe your game client software just didn't have a big enough audience.

      2) You need management skills. Especially important if you are not paying people! You need to jolly them along to get them to do what you want. This applies to both paid and unpaid work, but is absolutely essential for unpaid work. If you don't have the leadership skills, or failing that, aren't good at conning and manipulation, expect your road to be lonely.

      3) You need to make it as easy as possible for users to do your QA work for you. This is often cited as one of the failures of OSS, but improvements can help a great deal. Does your app have a built in bug reporting feature? What other avenues of easy bug reporting do you use? What feedback to you provide (if any) to bug reporting users? What support (if any) do you provide to your users?

      The bottom line is that if one wants their OSS project to be a success in the community, one needs to gain traction in the community. Source Forge is littered with projects that never gained traction. (Yet the efforts aren't entirely lost! Theoretically, someone could pick up where a project left off at any time.)

      --
      It's not offtopic, dumbass. It's orthogonal.
    6. Re:GPL software didn't work. by Anonymous Coward · · Score: 0

      Although the idea of community built software seemed to be a good one, it appears as though most programmers that are any good want to get paid for the software they write.

      Hmmm. I find that I disagree with your premise from the very start, so I'll try to ask this as politely as possible.

      Please explain what your decision criteria (formal or informal) for deciding whether a given program is "any good" was. Also, please explain how you choose a sample of programmers to apply these metrics to, and why you consider that sample to be representative of the whole. In other words, what body of evidence led you to this rather sweeping conclusion about the nature of the majority of programmers?

      So although the GPL/Open software is pretty good, the best software is the closed source commercial software.

      Again, how did you come to this conclusion? What do you mean by "best"?

      My personal experience indicates to me that there is closed source software which is superior in some areas, and open source software which is superior in others. Closed source (and more specifically, centralized development), which I feel typically leads to more consistent design decisions (especially important for user interfaces); open source (and specifically, distributed design decisions) typically leads to a more chaotic approach, where multiple competing implementations co-exist simultaneously, with the end user left with a greater burden of choice.

      On the other hand, it is nice to have source and free projects available...they just don't seem to fit in with our capitalistic society

      I think they fit just fine. Remember, capitalism isn't a good unto itself; it's just one popular methodology to produce the goods and services that society needs, and to do so in a reasonably fair way for all parties concerned.

      A gift culture is another way of dealing with life: it's just as old, if not older, than capitalism. Each person just volunteers to do something for other people, for no fixed reward. People being the way they are, the net result tends tends to be that everyone benefits from a culture with a spirit of community that's just plain... nicer. Most people naturally develop these sorts of cultures, if only within a small circle of friends.

      For example, I really like doing little construction projects; so my brother and I helped one of my good friends with some little home renovation tricks (hanging up a door, doing some basic drywalling and painting), and now every time I visit her house, I see the good that I did and feel proud that I could help. In turn, she helps me deal with social conundrums that as I geek I tend to be blind to without assistance, and she hosts parties and keeps everyone feeling connected and fun.

      Friends don't help each other out of hope for mutual reward; mostly, it's just done out of a sense of mutal respect and caring. It often turns out that eveyone benefits about the same overall, but unlike capitalism, selfishness isn't the end goal, and no one really keeps score.

      Open source is closer to the "friends helping friends" model than the "grab all you can, for the lowest price you can get" model of modern cut-throat capitalism, but I don't think that makes it's products intrisically better or worse.

      Me, I tend to find the "open source" culture nicer, but I can see how it makes some people uncomfortable. I know one guy who needs to know every detail of everything up front: he'ld rather pay cash up front, rather than be left with the sinking feeling that he owes someone an unknown and ill-defined "favour" of some sort. I'll bet that a lot of opponents to "Open Source" are like him; they want everything nailed down and clearcut, not some nebulous exchange that is supposed to, like friendship, all balance out in the end....

    7. Re:GPL software didn't work. by bbc · · Score: 1

      "So although the GPL/Open software is pretty good, the best software is the closed source commercial software."

      So why are you using this many FOSS tools to make your claim? I'd have expected you to write this, oh, I don't know, on a piece of paper somewhere where people care, because you could hardly use the FOSS-filled internet to make your claim carry any weight.

  16. Re:You're so wrong it's painful. by Eric+Smith · · Score: 3, Insightful
    It's perfectly reasonable for the GPLv3 to not allow DRM and similar suggestions. Software authors can choose the GPLv3 if they like it. If software authors don't like it, they can use a different license; possibly GPLv2. No software authors are forced to use GPLv3.

    Similarly, no hardware vendors are forced to use GPLv3 software. If they don't like it, they can find software with a different license, possibly GPLv2. The key thing is that the hardware vendors are not allowed to violate the license terms chosen by the software author.

    For Linux it is completely irrelevant. Despite any opinions Linus might have on the matter, it is effectively impossible to get all of the owners of the copyright of any non-trivial amount of the Linux code to agree to a license change, so Linux will use GPLv2 for most of its code for the forseeable future.

  17. here's a good example by cygnus · · Score: 4, Insightful

    imagine a world where there's an open source electronic voting software package that everybody used... wouldn't you want the voting machine to be able to reject software that wasn't say verified by a voting auditing board and signed?

    the same thing could be true of open source ATM software. would you want your ATM to whine like HAL having his memory yanked when malware was loaded onto it, or would you want it to refuse to run?

    --
    Just raise the taxes on crack.
    1. Re:here's a good example by Frenchy_2001 · · Score: 1
      imagine a world where there's an open source electronic voting software package that everybody used... wouldn't you want the voting machine to be able to reject software that wasn't say verified by a voting auditing board and signed?

      the same thing could be true of open source ATM software. would you want your ATM to whine like HAL having his memory yanked when malware was loaded onto it, or would you want it to refuse to run?

      Then I guess the GPL v3 would be a bad fit for their software. Noone is forcing the world to switch immediatly and completly to the GPLv3. What the FSF is doing is offering a license that cannot be used in such devices.

      If TiVo takes a version of Linux, add their proprietary drivers and functions for their box and distribute it signed, noone can then modify that code and run it instead. If you cannot really change the code, what is the point of having the source? Now, imagine that they disable ad skipping. If their version is signed, there is no way to re-enable it, source available or not. This is not freedom and this is not the FSF's idea of open. If the basic program they use is licensed under GPLv3, all their derivations need to respect the license and let you run YOUR modifications too. Sure, you gain the possibility to brick your device, but with greater power comes greater responsibilities.

      Now, for your voting booth analogy, the code license would be the least of my concerns. I would like it to be physically secure (no accessible USB ports or open box with access to the hardware). If you cannot load a modified version, you cannot change the behavior, be it from an OSS program or a proprietary one.

      Moreover, although i'd like the source to be reviewed, even if this was a GPL program, YOU would not get the source unless you get the binary, which is quite unlikely...
    2. Re:here's a good example by Hope+Thelps · · Score: 1
      imagine a world where there's an open source electronic voting software package that everybody used... wouldn't you want the voting machine to be able to reject software that wasn't say verified by a voting auditing board and signed?

      I'm unsure whether you're trying to give an example of something the GPL 3 does allow or of something it doesn't. Under the GPL 3 the owners of the machine (presumably the elections board) would be able to verify new software, sign it and use it accordingly. It just says that the hardware manufacturers can't abrogate that right to themselves. That seems like a good thing to me.

      the same thing could be true of open source ATM software. would you want your ATM to whine like HAL having his memory yanked when malware was loaded onto it, or would you want it to refuse to run?

      Again, the issue under discussion is who gets to control the keys. Not whether there can be any.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    3. Re:here's a good example by Lehk228 · · Score: 1

      you could... you know use that code on another device.... gee, if only they made machines that could run compiled code to do stuff

      you could even make them expandable to put in special hardware components if you need them through some sort of standardized expansion connector.

      --
      Snowden and Manning are heroes.
    4. Re:here's a good example by jZnat · · Score: 1

      You could still make voting machines that only accepted certain GPL'd software. The catch is that you would also have to restrict yourself from doing so as well. You cannot grant special exceptions over code you don't own the copyright to, so it's either all or nothing.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    5. Re:here's a good example by vertinox · · Score: 1

      imagine a world where there's an open source electronic voting software package that everybody used... wouldn't you want the voting machine to be able to reject software that wasn't say verified by a voting auditing board and signed?

      Why would a voting machine use anything other than what the voting board put on them? Are you saying that voting machines could be easily tampered with by local officials?

      In that case all one would have to do is taper with the source code and cause a machine to fail to be recognized by the code and therefore have a denial of service attack against districts in which you know people are going to vote against what you want.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    6. Re:here's a good example by mindtriggerz · · Score: 1

      You are absolutley correct. I believe Linus wasn't refering to PC manufacturers, but embeded and mission-critical applications such as ATMs or Voting Machienes.
      This section of the GPLv3 will not allow an open source voting/ATM system to emerge, and Diebold and such will continue to run Windows on said ATMs and voting machienes/

    7. Re:here's a good example by Dominatus · · Score: 1

      Right. A denial of service attack where everyone would know something was up, an investigatin would occur, etc is as big a deal as someone modifying the code so that person A always has more votes, which would be more devastating to the process and harder to find out about.

    8. Re:here's a good example by jesterzog · · Score: 1

      Then I guess the GPL v3 would be a bad fit for their software. Noone is forcing the world to switch immediatly and completly to the GPLv3. What the FSF is doing is offering a license that cannot be used in such devices.

      I haven't made up my mind on the issue, but to me it seems that this would make it more difficult to write good open source voting software (for instance) in a world where much of the other software out there is GPLv3'd. A lot of open source is built on other open source --- code is borrowed, libraries are linked, and so on. If the majority of available code was GPL3'd, it'd basically mean not being able to rely on it for these particular tasks.

      There's always the BSD-licensed code, of course.

    9. Re:here's a good example by nicolas.b · · Score: 0

      Use proprietary, not free software, if you want to make closed shit. I don't want to see the PC world turning into a Console world like the Playstation. I don't want to have to buy a 3000000000000$ development kit to have the right to program.

    10. Re:here's a good example by flonker · · Score: 1

      In this case, the voting package is not being distributed, therefore the GPL (2 or 3) would not give the voters any extra rights to the source code.

      In the particular case of the voting machine manufacterer giving the machine to the elections board, they would also have to provide the source code and signing keys to the elections board as well, and I see this as a good thing. The elections board would not be obligated (by the GPL) to hand out the keys to anyone, (or even to request them from the manufacturer, if they don't trust their own security.)

      (This is how I understand it anyway. I may have missed some points.)

    11. Re:here's a good example by arose · · Score: 2, Insightful

      GPLv3 doesn't prevent this, if the owner of the hardware (goverment, bank) has the keys to sign software or have the ability to change what keys the hardware trusts the requirements are satisfied.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    12. Re:here's a good example by newhoggy · · Score: 2, Insightful
      imagine a world where there's an open source electronic voting software package that everybody used... wouldn't you want the voting machine to be able to reject software that wasn't say verified by a voting auditing board and signed?

      the same thing could be true of open source ATM software. would you want your ATM to whine like HAL having his memory yanked when malware was loaded onto it, or would you want it to refuse to run?

      And imagine that in such a world, the Bank bought such ATMs (ie. ones protected by cryptographic keys and preloaded with signed GPLv3 electronic ATM software). In this case the ATM machine vendor would be compelled by the GPLv3 to provided the cryptographic keys to the bank. Providing the bank with the keys does not compromise the ATMs.

      The same goes for voting machines. The vendor is only compelled to give the keys to its customer, in this case the government institution responsible for running elections.

      So explain to me why this is so bad?

    13. Re:here's a good example by cygnus · · Score: 1

      what if the owner of the hardware, the author of the software, and the organization certifying the software are all separate organizations? for example, you and i write the ATM software, the FTC certifies it, and the bank runs it on an ATM they purchase from any of several vendors?

      --
      Just raise the taxes on crack.
    14. Re:here's a good example by Anonymous Coward · · Score: 0

      Simple and easy. The bank gets control of the keys as well they should.

      The non-GPLv3 way would let the manufacturer(s) retain control of the keys. This would be like the bank buying a vault from a company but the company retains the combination/keys to the vault.

      So both the voting-machine and ATM "counter examples" show that the GPLv3 is a good thing and insists on results (the owner controlling the keys) that match our common sense.

    15. Re:here's a good example by Anonymous Coward · · Score: 0

      sorry, go read the parent again. you've totally missed the point.

    16. Re:here's a good example by anandsr · · Score: 1

      So you write the Software, does this make you the owner. No.
      The FTC certifies it does it become the owner. No.
      The Manufacturer creates the ATM, does this make the Manufacturer the owner even after the sale. No.
      So the conclusion is that the Bank is the sole Owner. And it gets to decide which keys are put on the ATM.
      In the DRM case the Manufacturer has the keys and can steal from the ATM when it wants. This doesn't seem logical.
      The only logical thing is for the BANK to have the keys, and this is allowed by the GPLv3.

    17. Re:here's a good example by cygnus · · Score: 1

      i'm saying that the FTC has the keys, because they certify the software is appropriate for running an ATM. much in the same way that the local department of weighs and means will certify a gas pump.

      --
      Just raise the taxes on crack.
    18. Re:here's a good example by kintin · · Score: 1

      No, I'd like it to notify me that the software had been modified. Then I can choose to use the ATM or not.

      Here's a better way to envision your "example":

      I have a computer. I modify the source code to the TTY driver. I recompile the kernel, reboot (modules, I know, whatever). My computer refuses to run. OH! I FORGOT I HAVE DRM/TCO ON MY PC AND NOW IT REFUSES TO RUN! HOW IN GOD'S NAME AM I GOING TO GET ANYTHING BACK NOW THAT I'VE BEEN LOCKED OUT OF MY OWN HARDWARE? In what universe is this okay? Repeat after me: THE OWNER OF THE HARDWARE MUST BE IN CONTROL.

      And you presuppose that the people who break into these 'mission critical' machines won't find a way to disable the signing, or find a weakness in the hash. All this nonsense about "B-B-B-But... what if someone HACKS the box?" When someone hacks the box, all bets are off, and you restore. Anything done on the box during the 'hacked' period is suspect and has to be removed. Anything less is a security weakness, whether PC, ATM, or voting machine. Did you flunk sysadmin class? Just throwing around sensitive hardware like machines that control your democracy, money, and health doesn't change the issue at all, but it does make it more difficult to be objective. Thanks for that.

    19. Re:here's a good example by cygnus · · Score: 1

      nice strawman.

      --
      Just raise the taxes on crack.
  18. This is not difficult by Anonymous Coward · · Score: 1, Insightful

    Has anyone tried emailing Linus and asking if the groklaw commenter is him?

    1. Re:This is not difficult by Cal+Paterson · · Score: 1

      Since Linus lives in Greenland with the GNOMES, we need a decent gtk mail client. There is no such thing.

    2. Re:This is not difficult by WilliamSChips · · Score: 1

      Gmail on Firefox. :P

      --
      Please, for the good of Humanity, vote Obama.
  19. Hooray for Linus! by SiliconEntity · · Score: 1

    I am very glad to see that Linus is standing up against the GPL and their misguided attempts to oppose trusted computing technology. It means that Linux will continue to be available as a basis for trusted computing research and development.

    When you get past the misinformation, errors and outright lies, trusted computing is not as bad as people think it is. It is a technology for enhancing security in a variety of environments. See the TPM thread a few postings down on the slashdot main page for some commentary there.

    1. Re:Hooray for Linus! by Prof.Phreak · · Score: 4, Insightful

      When you get past the misinformation, errors and outright lies, trusted computing is not as bad as people think it is.

      I don't think you realize that "trusted computing" generally means "distrust the USER/OWNER of the computer". I think what everyone is afraid of is losing control of THEIR computer to some government/corporate organization.

      And yes, you have a point, it's not as bad as it may appear... if you're the one in control of what trust. Unfortunately, from the talk that's going around, it's likely users won't be in control (ie: hardware vendor ensures that any OS that runs on the box must be signed by some authority, etc.)---I franky cannot see how that benefits anyone but some corporation.

      And slowly but surely this technology is getting here. Music players, etc., many of them already restrict their owners. In a few years, it's not unlikely this will happen to PCs.

      --

      "If anything can go wrong, it will." - Murphy

    2. Re:Hooray for Linus! by Ohreally_factor · · Score: 1

      I haven't gotten to that story yet, but I agree with you. While TPM can certainly be used for Evil, it can also be used for good. I fear that the GPL is becoming a form of DRM, trying to control which devices on which software can be run. Ironic, isn't it?

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:Hooray for Linus! by aoliva · · Score: 1

      There's no opposition to trusted computing technology. The opposition is to treacherous computing technology, that technology designed to take away from the users the control over their own machines.

      How could you possibly do trusted computing research and development if you can't say replace the lower portions of the software that implements the trusted computing machinery because the trusted computing machinery in place won't permit you to do it because you're not one of the few authorized entities to do so?

    4. Re:Hooray for Linus! by marcosdumay · · Score: 1
      "When you get past the misinformation, errors and outright lies, trusted computing is not as bad as people think it is."

      When you finaly get past the missinformation, errors and outright lies, come back again and tell us what you find.

  20. Loosing the 'free' part by franksands · · Score: 1

    In my humble opnion, if the FSF starts adding restrictions to its licenses, it will be loosing the 'Free' part of its name. Because free means that you can do anything you want, including somethign you disagree, like adding limitations to the software you are developing. A software license shouldn't tell you how to build or develop your software, only how to distribute it.

    As a matter of fact, this denial to DRM in the GPL uses the exact same philosophy that they are so against, the license is forbidding the user from taking specific actions. I am completely against DRM, I think it's one of the most stupid an idiotic ideas ever implemented, but you have to allow people to choose what they want to do.

    1. Re:Loosing the 'free' part by Hope+Thelps · · Score: 1
      I am completely against DRM, I think it's one of the most stupid an idiotic ideas ever implemented, but you have to allow people to choose what they want to do.

      If you have to allow people to choose what they want to do then you have to not use DRM. Which seems to be the position the FSF are taking too.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    2. Re:Loosing the 'free' part by wootest · · Score: 1

      The FSF has always had restrictions on their licenses in order to reinforce and make possible other freedoms. The FSF has chosen to use this to protect the *end user*, not *whoever uses the license on their product*, in order to try to make the Free Software utopia come true. This utopia requires not having things like DRM as it runs counter to the entire principle.

      I'm a BSD/MIT license man myself so by definition I don't agree 100% with the principle and I agree on a personal level with your sentiments, but I also understand the way the GPL works towards the idea of Free Software by using these restrictions in their licenses. If you're here to complain about FSF "start[ing to add] restrictions to its licenses", you're at least a decade late to the party. Applying this to DRM in specific is what's new, not the underlying concept.

    3. Re:Loosing the 'free' part by jZnat · · Score: 1

      Er, stop acting like a moron. You can still write DRM software using the GPLv3; the difference, however, is that you will have no legal defence over preventing circumvention of said DRM. I agree that this is a great idea.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  21. Unsupported and never will be again by Anonymous Coward · · Score: 1, Interesting

    On the flip side of the lock in that he is talking about is another problem. Unsupported hardware. Linux has TONS of drivers for hardware that no one even bothers to support anymore. How can I add to what that hardware does if I am locked in?

    Or take for example Broadcom. They do not even release ANY drivers for their hardware for linux. They do not support it.

    I for one smell a fork of the linux kernel coming.

  22. But the GPLv3 also means we have to run rootkits by Anonymous Coward · · Score: 0

    The problem with the GPLv3 is that it prevents you from validating code in any meaningful way. If I want to set my system up so that only signed binaries can run (which will stop rootkits cold if done in hardware) I should be allowed to do so.

    The GPLv3 says I can't do that and have to allow rootkits and other malware to run. I'm not allowed to enforce that only signed code runs. If I try and do that, I am forced by the GPLv3 to give up my encryption keys.

    Forget that. I know I won't be using any GPLv3 software and I'm sure most other people won't either. Linux will remain GPL 2, and if it doesn't, there's always the BSDs.

  23. Re:You're so wrong it's painful. by ClosedSource · · Score: 0

    "The key thing is that the hardware vendors are not allowed to violate the license terms chosen by the software author. "

    The other way to look at it is that software authors won't be able run their software on DRM-based systems if they use GPLv3.

  24. Benevolent Dictatorship... by d.3.l.t.r.3.3 · · Score: 5, Interesting

    By my point of view a benevolent dictator is still a dictator.

    We should thank Torvalds to keep the questioning open, otherwise it would be like Christian Church: the Pope speaks, the lambs obey.

    The article also makes a very saddening statement: the GPL3 is basically written by the companies behind the FSF. The article cites that HP is pushing to have their own interests protected. Do you really think that other GPL-oriented companies (like IBM or Novell) will just stay and look or they will also try to drive the boat towards their coasts?

    After all, FSF made just a favour to many commercial distributions (another case of uninterested philantrophism?), claryfying that if you have to fork a distro, you have to redistribute every single packet by yourself, instead of shipping only the relevant, modified ones like GPL says. GPL is too generalized and vague. You can't have a license that has hundreds of pages of "clarifications" continuosly swapped and rewritten to praise an actor or to damage another. Most of the clarifications are just more ambiguos or simply idiotic. Do you know that by FSF interpretation, subclassing or implementing an interface is considered a derivative work? That's makes impossible to use any object oriented library released over LGPL by the term of the license, they will be as plain and simple GPL licensed code. There's a lot of OOP libraries wrongly placed in the LGPL domain. Do you really think that their author bothered about the implications? They just followed the leader. For not good reason and without a clue. Why LGPL3 talks only about header files and libraries? Open source licenses should be technlogy neutral and C/C++ is not the only language out there. Sure our benevolent dictator may pretend that the other technologies are not there gut they will not fade away. Today IT rarely uses anything compiled aside core OS programs and it's hard to find a place for the delusional aims of a puppet in the hands of other non-Microsoft corporations.

    Sure A guru's life is expensive and big corporations makes hefty donations. Let Stallman explain to us mortals why Microsoft has to be destroyed and IBM or HP are valiant partners whose interests are to be protected.

    HP advanced pressures to make the GPL3 more friendly towards their PATENTS! The world got upside down or what?

    --

    Matteo Anelli

    .brain - http://www.dot-brain.com

    1. Re:Benevolent Dictatorship... by suggsjc · · Score: 1
      I can't even read the rest of your post
      ...otherwise it would be like Christian Church: the Pope speaks, the lambs obey.

      First of all, it is just the Catholic church that has the Pope as their central authority figure, not the entire "Christian Church".
      Second of all, the Pope is by no means a dictator. I'm not Catholic, so I'm not fully qualified to make this statement, but I don't think that any of the churches are actually bound to the words of the Pope.

      If you've got a problem with religion that is fine...just don't use it to try to make absurd analogies when your facts/opinions aren't even correct to begin with.
      --
      When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
    2. Re:Benevolent Dictatorship... by Anonymous Coward · · Score: 0

      Oh hush! Religion bashing is in right now. It's the new Godwin for people with weak arguments.

    3. Re:Benevolent Dictatorship... by d.3.l.t.r.3.3 · · Score: 1

      Sorry for the generalization about the Christian Church.

      But you obiuvusly don't live in Italy or in other Latin europe countries.

      Even politicians bows to the Pope's will.

      By all other means, the Pope si elected because the charge cannot be dynastic for obiouvs reasons, but he is an absolute ruler.
      Absolute ruleship is a form of dictatorship.

      Oh and speaking about the Pope is speaking about an estabilished political figure, ruling a sovereign State, not about Religion.

      --

      Matteo Anelli

      .brain - http://www.dot-brain.com

    4. Re:Benevolent Dictatorship... by Miniluv · · Score: 1

      Technically the Vatican, and ultimately the Pope, is the ultimate authority about Catholicism. Bishops have been excommunicated for doing things they weren't supposed to, and plenty of priests have been reassigned to shitholes for being out of line. There is also a mechanism for localizing Vatican doctrine to each region, namely the Conference of Catholic Bishops for a given country. Their latitude is limited, and is supposed to be finding ways to more effectively adhere to Vatican promulgated doctrine rather than changing it to suit the locale.

      But yeah, original poster was way off base by saying "Christian Church" as if such an entity existed, let alone was part of the papacy.

    5. Re:Benevolent Dictatorship... by arose · · Score: 1
      The article cites that HP is pushing to have their own interests protected.
      Why should companies be excluded from the comment process?
      HP advanced pressures to make the GPL3 more friendly towards their PATENTS! The world got upside down or what?
      Did you pull that out of your rear? That certainly wasn't in the article....
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    6. Re:Benevolent Dictatorship... by isilrion · · Score: 1

              HP advanced pressures to make the GPL3 more friendly towards their PATENTS! The world got upside down or what?

      Did you pull that out of your rear? That certainly wasn't in the article....

      Well, actually, it was in the article... followed by a statement about how the FSF is ignoring that request... so the GP isn't so much 'pulling that out of his rear' as he is 'ommitting important facts and throwing statements out of context'. Is he trolling, perhaps?
  25. Re:You're so wrong it's painful. by gnarlin · · Score: 1
    We won't win this fight.

    We'll certainly NOT win this fight with such a defeatist attitude!
    --
    A bad analogy is like a leaky screwdriver.
  26. GPL upgrade by radarsat1 · · Score: 1

    Can someone tell me what the deficiencies are in GPLv2 that have created this need for an upgrade? I'm just curious what the motivation is. Is it only DRM? All I've heard about GPLv3 regards DRM and encryption keys. Is there anything else noteworthy that it changes from v2?

    1. Re:GPL upgrade by gnasher719 · · Score: 2, Informative

      '' Can someone tell me what the deficiencies are in GPLv2 that have created this need for an upgrade? I'm just curious what the motivation is. Is it only DRM? All I've heard about GPLv3 regards DRM and encryption keys. Is there anything else noteworthy that it changes from v2? ''

      If you take software licensed under the GPL, and distribute it, you must give your customers access to the source code, and you must allow them to modify the software and distribute it further. With GPL2, a distributor could create a situation where you have the source code and modified it, but the modified source code cannot possibly work. For example, if you bought a computer running Linux, and the bootloader takes a checksum and only runs the system if the OS software has the right checksum, then your right to modify the software has become purely theoretical: You can make modified versions as much as you like, but they won't work.

      That is _one_ change with GPL3: Again, the customer must have the right to modify the software, but you also have to give him the capability to make it run. So the distributor is not allowed anymore to give you purely theoretical rights, that you cannot use in practice.

      Or lets say Microsoft takes an open source music player and modifies it to play music with DRM. They distribute the software under the GPL with source code. However, as soon as you make the slightest change to the source code, the compiled code stops playing DRM'd music. In theory, you have the right to modify the software, in practice that right is useless because the modified software doesn't work the way it should. That would be legal with GPL 2, but not with GPL 3.

    2. Re:GPL upgrade by zotz · · Score: 1

      There is also the modded software as a service issue.

      all the best,

      drew
      (da idea man)

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    3. Re:GPL upgrade by radarsat1 · · Score: 1

      Thanks. Okay, wow, I perfectly understand, and now I see why its such an issue.
      Given me something to think about actually... each time I try to think of a reply, I contradict myself..

      My first inkling thoughts are that it's not really the place of software license to dictate what the hardware specs should be, whether or not this involves trusted computing...

      But I'm not sure. *scratches chin*

    4. Re:GPL upgrade by arose · · Score: 1

      It does not dictate hardware specs as such, just requires that users have the right to run modified versions. While this may need hardware changes (such as the ability to indicate the signatures of which keys the user trusts) manufacturers are free to find their own way.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  27. Oblg: The GPL is fine and all that, but.... by grolschie · · Score: 1

    ...does it run Linus? :-)

  28. You don't understand by gr8_phk · · Score: 1
    In my humble opnion, if the FSF starts adding restrictions to its licenses, it will be loosing the 'Free' part of its name.
    The FSF wants to protect USERS freedom. That means they try to prevent developers from denying users freedom. BSD gives developers freedom - including the ability to deny their users freedom.

    IMHO, Richard is still misguided in his anti-DRM efforts. You don't need DRM to prevent people from running their own version of software on proprietary hardware. Intel could sell TiVo a processor with modified op-codes and a modified assembler to match (or insert some other mod that renders GCC unusable on their hardware). TiVo could run all the free software they want and give you source code, but without the "special" tool chain you'd be screwed. No keys or DRM required. DRM is just a special case of the problem FSF would really like to address. Is FSF prepared to require that people distribute hardware specs with the software? How about just a tool chain to build from source and run on the hardware supplied? How easy does the build process have to be? It's not an easy goal, but ranting about DRM in particular isn't the solution.

  29. I think you misunderstand the clause's purpose by PeterBrett · · Score: 2, Interesting
    When you get past the misinformation, errors and outright lies, trusted computing is not as bad as people think it is. It is a technology for enhancing security in a variety of environments. See the TPM thread a few postings down on the slashdot main page for some commentary there.

    The GPLv3 as written does not forbid running software covered by it on a TPM system. What it says is that when a TPM platform vendor distributes GPLv3 software as binaries signed to run on their platform, they must not only provide the source code as in v2, but also the keys required to get modified versions of that particular software to run on the platform.

    Example case studies:

    1. The NSA decide they wish to use some GPLv3 software to run on their TPM-enabled computers. Their IT services department deploy the software throughtout the agency, signed with their TPM key so that it will run despite the TPM lockdown. They also place the source code to the software on their public website. They are not distributing TPM binaries outside their own organization, and therefore they do not need to include their TPM keys.
    2. Tivo decide to use some GPLv3 software on their latest set-top box, signed so that it will run on their TPM platform. They sell the box to a large number of people. In order to be in compliance, not only must they distribute the source code, but because they are distributing the signed software & TPM platform outside their own organization they must also distribute the TPM key necessary to sign the binaries in order to get them to run.

    A possible workaround is for the vendor to design a special subsystem that has application-specific keys that restrict the application to only carrying the restricted subset of low-level operations that it is supposed to. As long as the binaries the vendor distributes are signed with that key, that's the only key they need to distribute.

    For instance, if Tivo were using a piece of GPLv3 software to process & display TV listings, they could use a key that allows the software to run on their platform but only to access the TV listings file and a pipe to send control signals down. They could then distribute that key with the source code and be in perfect compliance.

    Of course, this wouldn't be very efficient except for fairly trivial user-space programs. It certainly wouldn't work for a kernel!

    1. Re:I think you misunderstand the clause's purpose by Anonymous Coward · · Score: 0

      In other words you can use TPM as long as you provide the means to render it useless.

    2. Re:I think you misunderstand the clause's purpose by PeterBrett · · Score: 1
      In other words you can use TPM as long as you provide the means to render it useless.

      Excuse me? You have the mindset that "TPM == BAD". Actually, properly used it's a really good idea. Imagine your company has one server that handles all of your credit card transactions. You install a copy of the kernel that you trust (i.e. you compiled it yourself from kernel.org source code, perhaps) and sign it and its modules with your system's TPM key. Now the server will only boot a known-good kernel, leaving you proof against some types of rootkits. Next, you do the same for your Apache and database adaptor binaries. That would a raise a very effective barrier to either remote or local compromisation of the system.

      The problem is that the big players want to use TPM in a totally different way: to remove your control over your hardware by selling you the hardware but not giving you the encryption keys you require to control it (see, for instance, my Tivo example in my GP post). And I agree, TPM used in the way Microsoft and the **AA want to is a very bad thing.

      Like any powerful tool, TPM has the potential for abuse. That does not make it a bad tool.

  30. Linux has it right by WindBourne · · Score: 1

    The V2 is about rights for the developers. It guarentees that we have future rights to enhance or fix issues with the software. The V3 is an attempt to give rights to the end users. Basically, it guarentees that they have the right to update the software (AND data) on that particular piece of hardware. Roughly it ties software and hardware together, whereas V2 is just software.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  31. is isn't by patitomr · · Score: 1

    i don't know if he IS, but the way i see is he just made a public remark of some trascendence on GPL, and i find it senseful for him to want to snatch a thread and extend his point of view, now he could be not mr torvalds, but that is for mr T to come out and say so publicly if he would be to care to do it, and in the meantime the guy is just signing Linus and every else is adressing him as such... not letting the subject of is or isn't HE to divert them from the subject at hand...

    penguin out

  32. Re:You're so wrong it's painful. by Hope+Thelps · · Score: 1
    I don't think that's the way to win this fight.

      We won't win this fight.

    Which, of course, is what people said about the original GPL and its aims too. Is it winning that fight? Perhaps not, but it hasn't lost it either.
    --
    To summarise the summary of the summary: people are a problem. ~ h2g2
  33. A House divided... by suggsjc · · Score: 1

    Good thoughts, and yes difficult. However isn't part of the purpose of the GPL to have a single, unified license for the OSS community. Instead of everybody rolling their own, it was supposed to be the end-all be-all of "open" licenses.

    Wouldn't it be nice if we got to a point where there was a saying like: "Nobody ever got fired for recommending GPL"

    I do like you better since you said you were a vi guy though...

    --
    When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
  34. String / Weak Coupling is the Key by Anonymous Coward · · Score: 0

    I think Linus is wrong on this one. Sort of.

    GPL requires you to GPL any code that you add to the existing code. But it doesn't require you to open up any hardware that you add to the code.

    Why? With hardware and software being almost as tightly coupled as code linking to other code, why should not the viral effect of the GPL work here, too?

    I think the issue isn't one of software vs. hardware. It is weak vs. strong coupling. Just as I can distribute a GPL program on the same CD as a non-GPL program (weak), but not link them (strong).

    The trick is to come up with similar definitions for software-hardware coupling. I have no idea how this should be done, unfortunately.

  35. They're not worried about support by rsilvergun · · Score: 1

    what they're worried about is that the general purpose computers they use are so powerful and flexible, the end user will unlock functionality on a low end platform that's meant for a high end platform. Take a $100 Linux compatible linksys router and some deft use of iptables and suddenly you've got a $300+ top of the line model.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  36. Re:You're so wrong it's painful. by evanbd · · Score: 4, Insightful
    Not so. If I write software, and release it under GPLv3, there's nothing that prevents me from also releasing it on a DRM'd platform. I lose nothing. I can dual license the software; I've always been able to.

    What is happening, is that I'm saying that if you want to use *my* software on a DRM platform, *then* you have to hand out the keys or whatever else is needed. Which, for software I write, is exactly what I want. (Of course, I have trouble imagining how it would be relevant for things I write, but that's a different matter -- I don't write media players or kernels or other obvious targets).

    As a software *author*, I lose nothing. As a user of other people's software, I lose out only if I'm trying to redistribute their copyrighted work in ways they don't want. And, in that case, too bad for me -- just like it's always been.

    This license is about giving authors more choices, not less. And personally, this is an option I like.

  37. Hooray for Linus by huckamania · · Score: 2, Insightful

    Amazing commentary and I have to say I agree with him whole heartedly. The Freedom crowd is so full of hate and unrighteous indignity that talking to them is counter productive. It never occurs to the Freedom crowd that the reason Microsoft was so successful in the first place was that their OS and software gave their customers the freedom to assemble and use their own hardware. More than anything, this is the reason MS became a monopoly. Back when I bought my first computer, Apple was the evil, proprietary, expensive, black and white alternative to the freedom loving, open, affordable, colorful DOS box. Even then, I didn't spend my days hating Apple, I just didn't buy their cr@p. I was too busy playing Starflight and XOR football.

    1. Re:Hooray for Linus by jouvart · · Score: 3, Insightful
      Microsoft was so successful in the first place was that their OS and software gave their customers the freedom to assemble and use their own hardware.
      These are precisely the freedoms that the FSF and the GPLv3 are striving to protect. So, what's your point?
    2. Re:Hooray for Linus by kfg · · Score: 1

      . . . the reason Microsoft was so successful in the first place was that their OS and software gave their customers the freedom to assemble and use their own hardware.

      Actually, that would be Compaq's BIOS. Without that its likely that Microsoft never would have amounted to much more than just another IBM lapdog.

      KFG

  38. Re:But the GPLv3 also means we have to run rootkit by Anonymous Coward · · Score: 0

    No it does not say that. It says that when you distribute GPL V3 code, you must allow the person to whom you give the code, the right to modify it themselves and still use it for its original purpose.

    Whether I decide to lock down *my* box using Trusted Computing hardward to prevent anything not digitally signed by me, is *my* choice. I could also choose to trust Company X and automatically trusted updates from them and install them with my key. What the GPL v3 prevents is *you* being cut out of the loop... with Company X saying that you must trust them permenantly and irrevocably under threat of your software not working properly (or at all).

  39. So why doesn't he switch to the Berkeley license? by jefp · · Score: 1, Insightful

    You know, the one that is actually free instead of just claiming to be free?

  40. Cartels & Monopolies by BlackGriffen · · Score: 1

    These types of little entities break your perspective badly.

  41. :q! by jdbartlett · · Score: 1

    Boo, vi! Go ema... ...oh, what's the point!

  42. So what are the alternatives? by rucs_hack · · Score: 1

    I use GPL V2 (wording is gpl 2.0 or later). I see no equivilent licence I can use that is better then the GPL.

    Yes it has its faults, but I can't find anything better.

    I will admit to being nervous about GPL 3.0. I'm doing a new release soon, and I may change the wording to gpl 2.0 *only*. I'm not sure yet, I need to do more research on the issue first

    1. Re:So what are the alternatives? by Peter+La+Casse · · Score: 1

      I prefer the GPL as well; in fact, I'm looking forward to the changes in GPLv3. I even like the changes in this latest draft, and being compatible with tons of Apache Foundation software can only be a good thing.

  43. Re: "Linus" is wrong - and what about Transmeta? by D4C5CE · · Score: 2, Interesting
    It costs more money to include either an extra ROM or a bigger ROM that can contain restore code.
    On the other hand, the GPLv3 provisions only apply where the manufacturer has tried to cut costs in the first place by choosing Linux etc. (or a future GPLv3 fork thereof) over proprietary products, and is shipping the hardware with it - i.e. couldn't ever expect to be allowed to take everyone else's work and lock it up "in crypto bottles" (as John Perry Barlow once wisely put it) without providing at least the GPL's freedom to modify in return (which by implication even under GPLv2 should be construed to include the possibility of actually running one's own modified versions if that right is to make any practical sense).

    More interestingly, the question is what affiliations, if any, the "real" Linus (on "a leave-of-absense" in his own words?) still entertains with Transmeta, who reportedly just created the FlexGo hardware (which looks very much like what GPLv3 tries to prevent) for Microsoft - and what restrictions (e.g. on deservedly slamming DRM at least as applied to code rather than content -much rather than slamming the FSF!- in public) may result from that?

  44. Linus' first comment deleted, reposted by Kalak · · Score: 2, Informative

    PJ Deleted Linus' first comment due to language restrictions, but has redacted the swearing, reposted and continued the discussion (and the discussion reads like Linus, so I believe in MathFox's opinion on the identity of these posts). The discussion is well worth the read, no matter if Linus has PGP signed his posts or not.

    --
    I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
  45. linus who? by Anonymous Coward · · Score: 0

    i personally don't give a damn what linus thinks, i just wish he was more positive more often and didn't feel the need to complain, complain, complain...

    if he doesn't like the gpl3 he should write his own damn license. and call it the linunce.

  46. Open = Free = do not put in restrictions! by Anonymous Coward · · Score: 0

    This is the point exactly!

    An open-source license should ensure exactly that the source is available for others to build on. The source is there to do with what you wish and what you can. That is, you may take the source (and in the case of GPL2 also the company's mandatorily published changes) and build your own appliance or modify it or use it for another purpose or whatever you like.

    But if YOUR modified version does not run on SOMEONE ELSE's hardware is completely beside the point!

    Open source means making the source OPEN! Not to use it as a means to force companies to open up their platform or disallow its use together with other technologies. It is to support further innovation and research on top of the *software* work that has been done. And that includes giving it to those evil corporations... Even if you don't like their business model. You cannot start picking and choosing who should be allowed to use it or put in restrictions on in what context the source can be used without completely loosing the point!

    It's not FREE as in libre when there are all kinds of restrictions on it. Why don't FSF get that?
    Feel free(!) to make a GPL3 and put it on some software if you believe in this sort of thing, but I wouldn't call it Open Source. (Come to think of it, calling it Free Software is even worse.)

    It is turning into a restrictive license of the worst kind so give it an appropriate name such as the GNU Restrictive License so that it is clear what it is. Again, if you believe in putting those restrictions on your own code I think you should, but for most of us I hope this will NOT be the common license for all open source. Because if it does it is a sure way to call all OSS supporters Zealots, and companies like Microsoft will finally be right when they make accusations such as OSS stifling innovation instead of helping it.

  47. Linus approves of DRM? by LS · · Score: 1

    So what's the difference between the example that Linus gives, and DRM? The purpose. In his example, the company wants to restrict users from running software that has not been approved by the company. This sounds a lot like some Microsoft initiatives put forward during the early Vista days about only running signed software. This is supposedly to protect users from malicious software. DRM on the otherhand is about preventing users from using software and data that they have no rights to. The purposed are very different, but the mechanism is the same. This is similar to the government installing wiretaps in central phone switching offices. It can be used for good or bad... but given enough time, it will be used for the worse. I don't have anything against DRM in private software, but I tend to agree with banning it in the GPL.

    LS

    --
    There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
  48. Weird by Cally · · Score: 1

    It makes me sad to see Linus' mind rotting like this but I can't support that attitude in any way. I'm going to be switching my machines to Free and OpenBSD, with the GNU userland if possible. Now things get interesting. I want a GPL3 OS kernel to run my Free software on. Can the v2 licensed Linux kernels be forked and relicensed under GPL3?

    --
    "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    1. Re:Weird by Kjella · · Score: 1

      I want a GPL3 OS kernel to run my Free software on. Can the v2 licensed Linux kernels be forked and relicensed under GPL3?

      Sure, if you get every kernel developer that used the "GPLv2 only" license to change their mind (I assume quite many used GPLv2 and above even though the kernel as a whole isn't), or rip out all the GPLv2 only code. In addition, you need to convince enough current developers to avoid the GPLv3 (or dual GPLv2 and GPLv3) fork to grow stale. Seeing as the first would require waking the dead, the second involves several central contributors who won't do it, and third the kernel is not a project left at the wayside, it's one going at full steam... I imagine your chances are slightly below HURD taking over (that one will surely be GPLv3).

      --
      Live today, because you never know what tomorrow brings
    2. Re:Weird by smash · · Score: 1
      So, basically in protest at Linus' opinionated BSD-style thinking, you're going to switch to a BSD OS, in which development is led by a far more hot-headed, arrogant, and outright hostile developer (Theo)?

      :)

      My suggestion, get the BSD userland as well, they're far more compatible with the rest of the unix world, far more secure (the openBSD subset, in any case), etc.

      I'm no lawyer, but I was under the impression that if you really wanted to, you could fork openBSD and re-license under the GPLv3 (BSD license is basically "do whatever the hell you like with it, just keep our name in the credits", as I understand it)

      Why the hell you'd want to though is beyond me - you'd simply end up with a BSD that's more restricted. I happen to agree with Linus' thinking here...

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  49. freedom by Gene303 · · Score: 0

    It seems that the main premise of the GPL is freedom. Being that the main premise is freedom, i believe the GPL should have as few restrictive non-freedom like provisions as possible. is this RESTRICTIVE NON-FREEDOM like provision one thats TRULY necessary in order to perpetuate the mission of the GPL? I'm not so sure it is because even if the hardware vendor's EULA prevents users from running different versions of certain software it doesn't mean people won't do it. I'm leaning toward this clause being axed ... just my two grosch

    --
    im a hippie
  50. where GPL3 misses by mabhatter654 · · Score: 1
    since you brought it up, and posted it for me...

    this is where I would differ from what's written and this is changed from the last draft. I think they even worded it wrong. I think the author confused works and services with allowing the software to run on hardware that's two different things.

    You should be able to download the source from the distributor and load it into the machine. The orginal V2 draft only mentioned encryption keys required to run the code on hardware not connect to services. The second part is too far, I'd like to see the reasoning on it. Why should a manufacturer have to support your modifications on their network or allow their media to run without protection. The classic example is Tivo. Once TiVo has cable card support and HDMI they won't be legally allowed to give you that access to certian things because you may do something illegal with the machine, like copy DVDs or steal cable tv. On the other hand, they do need to give the necessary drivers and tools to properly use the hardware, that's a slightly different thing. The situation becomes sticky when regulations are involved. Things like Wifi where the engineers got "cheap" and relied on sofware drivers to maintain regulatory compliance is where the real problem is. With DMCA, they just do it anyway and sue anybody who tells. Problem is that it excludes huge numbers of people from the device when they should be using hardwired chips for the firmware.

    1. Re:where GPL3 misses by Elladan · · Score: 1

      This all gets back to the purpose of the GPL: Freedom to change your software.

      The original reason for the GPL (the specific case) was not being able to support a printer, because the software for it is unavailable. So, to make it work with a new OS, you're screwed unless the company decides to help you (and is still around).

      Hence, the GPL, which states that if you get some software from someone, you can make changes, recompile it, and distribute those.

      Now apply this exact same problem with the Tivo: They've given you a piece of hardware which is run using GPL software. The whole point of the GPL is that you're able to make changes to the software and distribute them. So for example, you could change the GPL software in the Tivo to do something else, such as remove HDMI copy restriction codes. That's a perfectly reasonable thing to do, particularly in a country where there's no law against it.

      So, according to the GPLv3, that would be perfectly fine. If Tivo wants to benefit from GPL software in their device, then they simply have to make sure that you can make some changes to the software and load those changes onto the device, and have it work.

      To say that they should be able to give you a device and some source code, but use a hardware signing scheme such that you can't update the software (but they can) is really not in the spirit of the GPL. How can you make changes if you're not allowed to load new software onto the computer? What if your printer used a hardware signing code to prevent you from changing the device driver so it'll run in a new version of the OS?

      Why should I allow someone this backdoor around the GPL as a software creator? I gave my software away for free. If you want to distribute it and not give your users the same benefits I gave you (freedom to change and distribute), then you'd better come and ask me for some different terms. The terms I distributed it under were the freedom to make changes and distribute them.

      Of course, this doesn't apply to Tivo's own non-GPL software, but if they want to use my software to implement HDMI or something, the user had better be able to make changes.

    2. Re:where GPL3 misses by xfurious · · Score: 1

      While I think that equal network access is ideal, I think I agree for the sake of GPL software adoption. There are legal problems in some countries which could stop a company from being able to use such software. The whole thing could be made crystal with "except where local law prohibits it" or such in proper legalspeak. Also, what kind of data comes over the _network_ in a TiVo box? Certainly not HD: that comes from your cable/satellite. The network connection on a TiVo is optional, and allows people to view related web content, those handy fast-forward ad buttons, etc. I'm not sure of their current progress, but since I last checked not all TiVo subscribers are connected on a network. Such connections are viewed as one-way by the TiVo (afaik). It takes it's television input from coax/hdmi/whatever is coming out of your receiver and sends it to the TV, optionally recording it to disc. In addition there are the auxilary features which need to communicate with online services. _These_ are done over the network. Thus, there would have to be hardware restrictions in the box itself which stop unoffical code from using copy-protected media: but these are not allowed under either GPLv2 or 3. If TiVo is intending on doing what you claim, then they need to find another OS. But this is all based on your one example, the premise is still good. Services should be allowed to restrict modified code from joining the network because unmodified, malicious code can cause havoc of various sorts on such a service. Smart code on the server-side could stop malicious code in it's tracks though. Most of the obvious attack vectors could be avoided. Then there is also advertising fraud....

    3. Re:where GPL3 misses by mabhatter654 · · Score: 1
      The first version of this section had it correct. Manufactures had to give you the source code and the keys to allow it to operate on the hardware. That would be an almost direct reference to the TiVo case.

      Where I feel it goes wrong is in the changes in this new draft. If you are not running their version of the code, why do they need to allow you access to their media or their online serivices?

      Let me change to an example of a GPL'd version of World of Warcraft. While the game engine code maybe GPL, there are still seperate copyright terms for the images and music as well as seperate TOS to play online. If I was to create a game like that and offer it as a service, I would need to authorize users that have paid to be online on MY servers, and that they have legal copies of the game and are not cheating. I would need to have signed copies of my program out there for my subscribers. Those keys could not be public. Under the orginal wording, I could release different keys for the source code version. They would allow the code to compile and function.. but it wouldn't (nor should I be compelled to) be allowed access to my network or maybe even my game images and music. If you think about it, that is exactly how Quake 3 is licensed right now. In another Blizzard case, look at Bnet.d written a few years ago, or the SW Galaxy project. This is shows exactly what would be protected under the first version of the wording. Those programmers are creating their own game data and running their own servers.. that should be allowed. What would be unfair is to force operators to allow unpaid, uncontrolled agents on their networks.

      With things like DVD it again gets sticky. I understand why they put it there, BUT... like in my other examples, with normal GPL'd DVD players you can read DVDs, just not protected ones without the key. To get the key, you have to agree to certian legal conditions. Linux can burn video DVDs just fine and read them just fine without that key.. so the functionality is equivelant, the owner of the media content wishes their stuff to have more restrictions... that should be permitted. Under the first draft, the current situation is correct, as long as your changed version can read and write to the hardware you're legal. Under the new wording, it's requiring them to give you keys to the other people's media also....

      On a side note, what's missing here is the concept of security software being under GPL. They're makeing changes this round almost pro-consumer, anti-corperation which is foolish. Security software is a great example of where this new wording is a huge problem. Suppose I write a program that creates private networks, like my WOW clone, only for financial applications. If My employer bank gives that software away and releases the source code under GPLV3 do you see the problem? I need every bit signed on both ends to ensure security of my network... It's no trouble to give the general public a different key with the source code so other banks can use it too, but under these new terms they're saying I have to give THE keys and they have to access my same network, now I can't control what people are doing.

      I understand RMS and buddies to be pro-consumer about this new draft, but they're not thinking about what they're really saying. Things like cable boxes and Tivos ARE going to be a real problem. But the GPL license is not (and cannot legally be) the place to fix the contractual end of the problem. The first draft got it correct, I could take my cable box, Tivo, etc and and be FREE to create my own network of my own stuff if I wanted, the new version forces service companies to allow me to operate unauthorized equipment without compensation. See the difference.

  51. Linus' irrevelance is showing by QX-Mat · · Score: 1

    My belief, from reading lwn, kerneltrap and the lkml regularly, as well as being a student developer, is that Linus is really testing the waters with his 'stance'. Each and every time I read what he says, I see that he doesnt quite "get it".

    I'm not a Linus fan by heart, but I'm almost always siding with him and many of the key issues published (thankfully LWN's JC et al tend to shed light in both directions). For some reason what he says about the 2nd GPL v3 draft is *NOT* what I'd expect him to say... It doesnt fit with his history and character.

    Maybe his time at Transmeta has clouded is judgement? Assuming it hasn't... while assuming Dave J doesn't push RH specific stuff (bait)... then I think this shows a slightly more important, and definately touchier subject:

    Linus' opinion is becoming irrelevant.

    Starting, commanding, and I happily leading a movement is a fantastic achievement; but when he is trying to get in the way of, what *I* can see as a majority developer-view, it saddens me. I hope Linus' opinion is still strong, and still has the same conviction as always after this ordeal, but for some reason, I don't envisage this actually happening (atleast, not in the real world).

    So what does it mean if Linus' opinion is less relevant, or even, irrelevant? Does it means BIG patches that nobody really wants will make it into the kernel? Well, yes, Ingo M has shown us that - his forward thinking has, time and time again, proven to be fantastic. Linus' was simply a thick goo you had to nagiviate slowly, before hand.

    I would like to see the *development* future of the Linux kernel in the hands of one maintainer. This is how things are better done, decisively. But, I would like the see the future of the linux *presence* split between those who are the real movement makers... AC, IM, RLM, RR et al. Linus, by his own admission, doesnt have to listen to the community - he delegates that role, and by his delegation, I believe he has fallen out of touch with the true spirit that surrounds him. Only some focused steps into the kernel maintainership will help to truely balance political decisions like this...

    Matt

    1. Re:Linus' irrevelance is showing by smash · · Score: 1
      So what does it mean if Linus' opinion is less relevant, or even, irrelevant? Does it means BIG patches that nobody really wants will make it into the kernel? Well, yes, Ingo M has shown us that - his forward thinking has, time and time again, proven to be fantastic. Linus' was simply a thick goo you had to nagiviate slowly, before hand.

      You're free to fork your own version and patch it yourself, totally ignoring Linus as it is.

      It's been that way from day dot.

      Yes, Linus is fairly irrelevant as far as these things go. If he was to "get hit by a bus" so to speak, there would of course be the sad aspect of it, etc - but as far as Linux continuing to be a viable piece of software, there's plenty of others to keep it out there.

      However, I don't really think it's out of character at all. He agreed with version 2 of the license, but he's never been a blind GNU fanboy. Go read he's kernel-style coding docs ("I'd suggest getting a copy of the GNU coding standards, printing them out, and burning them - it's a great symbolic gesture" - or words to that effect).

      He agreed to version 2 of the license, and no doubt saw the potential for changes like this, hence his use of an explicit "version 2" statement and not "any later version" as suggested by the FSF...

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  52. He's mostly right by bitspotter · · Score: 2, Insightful

    I think Linus has it basically right here, except in saying that the FSF/GPLv3 has "no business" excluding that kind of use ("abuse" is more like it). The FSF *is* in the business of protecting user freedoms, and this is one of those things one must do to prevent just such an abuse. If developers don't want their work abused by hardware vendors that want to end-run a user's freedom in this way, they can choose GPLv3, and said vendor can find some other app to do that with (or write their own). Those developers who don't care for that kind of protection still have GPLv2. Choice is good.

    Hardware restrictions like that impact software freedom, and that *is* the Free Software Foundation's "business".

    I want to agree, however, that the kernel is not a good candidate for this new provision. I'd point out that the ability to lock out the running of software on your own property - say, when you rent or loan it out - is almost as important as having the right run your own software on your own property. The real vicious part of DRM is when vendors sell devices outright, but withold certain property rights we otherwise take for granted. Did you know that "owner" and "taking ownership" are technical terms described in the TCG/TCPA Trusted Computing Specifications? The problem is when "ownership" is "taken" by a vendor at the factory, before they transfer the legal, commercial "ownership" of a device to a consuemr who buys it outright. Although you have all the legal rights of ownership, the vendor is actually the "owner" of the device, from the perspective of the TCG/TCPA specs. The device has been "pre-0wnzored", if you will.

    The DRM clause in the GPLv3 is a direct prohibition on this kind of shenanigan.

    That said, the ability to lock out the running of software on property you really do own - both legally AND technically - is an important one. If the above-mentioned vendor were actually renting or loaning you their property (which isn't a bad idea, in light of some environmentally-geared legislation requiring vendors to take back and recycle their products), they'd have every right to lock out modified software, whether they implemented the TCG/TCPA specs or not.

    The problem is that the license doesn't discriminate between these two cases. Perhaps it should. Users should have the freedom to run - or not to run - any software you choose on any hardware //that you own//.

    Then again, the FSF is specifically geared toward protecting the freedoms of //users//, not of "owners". The concept of device ownership doesn't appear in their mission statement, while users do. Perhaps it shouldn't!

    Not an easy issue.

  53. Ah, semantics semantics. by Peaker · · Score: 1

    I am sure you love the argument of whether the GPL or the BSD is more free.

    That argument is stupid.

    That said, the GPL guarantees more net freedom for the users, so its more "free". :-)

  54. Narrow mindedness by Peaker · · Score: 1

    Ah, so its those that think of the greater good and net freedom for users who are narrow minded.

    Those who think of how to get that damned program working already -- they are the real thinkers!

  55. dink,dink,dink ddd ddddd by ClosedSource · · Score: 1

    I feel like Schroder in "A Charlie Brown Christmas" having to dink-dink-dink on his little piano to get Lucy to recognize "jingle-bells". Another way of asking my question is "Does any version of the GPL allow (technically, not legally) non-signed software to run on a DRM device". The answer to that question is the same as asking if the GPL can circumvent DRM.

  56. DRM and GPL: My 2 pennies by solune · · Score: 2, Insightful
    Okay, I hate DRM. I hate locking software to specific hardware. That being said, any clause that prevents people from doing what they want with their product runs counter to the stated goal of GPL, which is freedom to tinker.

    My feeling is, any license that prevents people from doing what they want, no matter what it is, is in fact un-free.

    1. Re:DRM and GPL: My 2 pennies by jouvart · · Score: 2, Insightful

      The issue isn't quite that simple. Like other posters have pointed out, it's not a matter of the GPLv3 being less free. It's just that the GPL and the FSF want to protect the consumers not necessarily the producers (e.g. hardware companies). That's why the GPLv3 prohibits the use of DRM to restrict the consumer's rights.

    2. Re:DRM and GPL: My 2 pennies by smash · · Score: 2, Insightful
      As with the BSD argument though, some would consider this a restriction. Sure, some hardware company (or other entity) can fork and release DRM'd linux software in theory.

      In practice, it may even be a good idea.

      However, if they're going to do that, the rest of the world is free to use the publicly available code to do what they like. Modifications by the above company to their fork do not negate the existance of a free, un-tainted version of the software...

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    3. Re:DRM and GPL: My 2 pennies by Alsee · · Score: 1

      You are perfectly free to put any and all the DRM you like in GPL3 code.

      The GPL3 simply clarifies the original intent and operation of the GPL that when you take my code and modify and redistribute it, you MUST pass on the legal right for me to modify that derivative OF MY OWN CODE. In particular, the GPL3 clarifies that that does indeed include any required DMCA/EUCD right to modify it. The GPL3 simply clarifies that you cannot sue me under the DMCA/EUCD for altering, circumventing, or entirely removing the silly DRM scheme you inserted into my own code.

      The GPL3 simply clarifies the original intent and operation of the GPL that when you take my code and modify and redistribute it, you MUST pass on the full and complete source code needed to sucessfully compile it to a fully working program and to sucessfully compile fully working modifications - OF MY OWN CODE. In particular, the GPL3 clarifies that that surce code does indeed include EVERYTHING needed to to compile working software - and that that does indeed include any crypto keys required for working sucessful compilation and working modification and compilation. The GPL3 simply clarifies that you cannot deny my the practical ability to modify and compile fully working derivatives of MY OWN CODE by supplying DELIBERATELY INCOMPLETE source code.

      So you have always been perfectly free to put any and all the DRM you like into GPL code, and that does not change with the GPL3. It has simply always been pointless to do silly DRM schemes while granting people the legal right to modify circumvent or remove the DRM and supplying people the full practical ability to modify circumvent or remove the DRM. The GPL3 simply says that you cannot circumvent the original intent and operation of the GPL by attempting to exploit points that may or may not be loopholes in the existing GPL.

      The GPL means that you must pass on the full legal right to modify, and you must pass on the full practical ability to modify. If you want to do DRM in connection to the GPL under those terms, if you want to do DRM while giving people the legal right and the practical ability to make that DRM worthless, fine... go for it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  57. Circumventing DRM is illegal by themusicgod1 · · Score: 2, Insightful

    GPLv3 does not circumvent DRM, it creates an environment hostile to DRM.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  58. Re:dink,dink,dink ddd ddddd by The_Wilschon · · Score: 1
    I think you may be confusing DRM with Trusted Computing. Of course, I might well just be confused about what actually counts as DRM.

    Does any version of the GPL allow (technically, not legally) non-signed software to run on a DRM device?
    Of course the GPL does not, in a technical sense, allow non-signed software to run on a device which is designed not to allow non-signed software to run. (I'm assuming that such a device is what you meant by a DRM device.) This would be flatly impossible except by workarounds and loopholes, which exist quite independently of the license of any computer program exploiting them. I think that this is a not very meaningful answer to a not very meaningful question. Which might just mean that I misunderstood the question.
    --
    SIGSEGV caught, terminating

    wait... not that kind of sig.
  59. Linus is off the mark by pennystinker · · Score: 4, Insightful

    The fact is that the GPL protects the "freedoms" of users by actually emancipating the software itself - through the user! A close analogy is the emancipation of slaves: former slave owners lose freedoms they once enjoyed (owning slaves). Arguably, one could view this is a situation where *some* are now less free (because they cannot own slaves anymore).

    The same is true with GPLed software: no, you are not as free as someone using MIT or BSD licensed software because you cannot go subterranean with the source code and your changes.

    For those poor hardware manufacturers who are lusting after some GPL protected software I can see several options:

    1. Forgo the GPLed software and get a closed-source alternative.
    2. Contact the owners of the software and see if you can get the software under a more "friendly" license. For the Linux kernel that would be difficult if not impossible.
    3. Embrace the GPL and move forward into a net freer world despite, like slave owners, you cannot use GPLed software in a closed system.

    Now, arguably, somebody is going to point out that by taking the stance I've just outlined then I'm contributing to pressures to move *some* manufacturers away from using FL/OSS (e.g. GPLed) software. That may be true. But I'll take some loss of gadgets and gizmos, perhaps even large systems, to maintain the freedoms that the GPL and similar licenses try to ensure.

    In the end I believe that the pressures to "go free" and to "let tinker" will eventually win out for all, including the manufacturer. Consider Id: do they get calls about user mods based on their game engines? Maybe a few, but the overwhelming positive results of user mods makes it a no-brainer: enable the mods.

    As far as entertaining the example from the original post. I wouldn't waste too much mental energy on it. And if the blurb really came from Linus, then here's a message to Linus: get over it, the example you created may be short-term significant, but, if free software eventually is successful, long-term irrelevant.

    1. Re:Linus is off the mark by Anonymous Coward · · Score: 0
      The same is true with GPLed software: no, you are not as free as someone using MIT or BSD licensed software because you cannot go subterranean with the source code and your changes.

      [...]

      3. Embrace the GPL and move forward into a net freer world despite, like slave owners, you cannot use GPLed software in a closed system.
      Perhaps I'm not interpreting the GPLv3 draft correctly, but it seems to me that the restriction only apply when you redistribute derivative works. Thus you are free to do as you please with software covered by GPLv3, including locking down your systems and refusing to share your modifications, as long as you do not redistribute derivative works. From the GPLv3 draft:

      This License permits you to make and run privately modified versions of the Program, or have others make and run them on your behalf.
  60. Re:So why doesn't he switch to the Berkeley licens by borgheron · · Score: 1

    It's not Free since it allows a developer to *RESTRICT* the freedoms of users by closing the software. It's about keeping the software free as well as your freedom to use it.

    BSD zealots have yet to fully understand that.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  61. Re:So why doesn't he switch to the Berkeley licens by jefp · · Score: 1

    >It's not Free since it allows

    Yes, it allows more than the GPL allows. It's more free.

    Gnu zealots need to get over themselves.

  62. Re:So why doesn't he switch to the Berkeley licens by evanbd · · Score: 1
    Insightful? This old flame war? Come on...

    IMHO, both licenses have their place. I prefer the GPL for my software, but could see using the BSD license if I wrote different software with different purposes in mind.

    I believe it comes down to a question of goals (or, basically equivalently, what you think the word "free" is referring to) -- is your goal to set your software free, so that anyone can use it in any way you choose, or is your goal to maximise the amount of free software available in the world, by offering incentives to other developers to make their software free?

    For my software, I choose the latter -- I have no burning need for others to be able to make a closed fork. I view my software as Free, but not without a price -- the price is, if you want to modify it, you need to make the modifications GPL as well.

    Different views, different licenses. I don't see why it's such a big deal to some people what license other developers choose. If you don't like their license, don't use their software. And while we're at it, get off your high horse and make the world a better place by writing some code (or whatever other means you choose). With whatever license pleases you.

  63. I applaud RMS for doing this in GPLv3 by jonwil · · Score: 1

    And even for cases like voting machines and ATMs and such, its not really an issue.

    For example, the owner of an ATM is the bank whos logo is on it. So, as long as the bank has control over what software runs (something they generally want anyway I would imagine), GPLv3 is not being violated.
    In the case of a voting machine, its the electoral commision/state/whoever that owns the machines and would have the keys.

  64. The Worst Case.. by datajack · · Score: 1

    It is always best, when looking aat situations like this, to look at what might just happen....

    As a hardware manufacturare, I could sell you a computer that would only boot a kernel that has been digitally signed by me.

    Under GPL v2, I could also write a varient of the Linux kernel that would only load drivers that have been signed by me, and only run applications that have been signed by me. Whilst I have to distribute these modifications to the kernel, I do not have to distribute the private keys. As part of this system, the only web-browser I provide willrestrict you to browsing sites that provide me with a healthy profit from advertising and affiliate revenue (myspace is one of my partners, so the majority of web-traffic is covered ;)).This browser cannot reach /. so you cannot complain about it here.

    I will also, graciously, allow you to purchase software like the gimp, gpg or Open Office for 100 quid a go. I will also provide the source for these packages, covering my obligations under the GPL.The digital signatures authenticating these binaries also reference your machine's identifier via it's TPM module, thus ensuring that you cannot effectively share this GPL software with your friends (who own similar systems) whilst staying well within the letter of GPL v2.

    I could aalso impose other technical restrictions, such as having each digital signature expire in a year so I have a continuous revenue stream for legally leeching off other people's time and effort. Marketing describe this as 'maintenance and upgrades', so you're kept happy).

    Whatr, in the above scenario, is different from current proprietary models & 'Shared Source'? Yet all is legal within the wording of GPL v2.

    If the Operating System kernel is licensed under the current v2 license, then there is nothing that can be done to stop the above happening. If the OS adopts v3, this is explicitly denied, and you have an open system.

    In this situation, GPL v2w offers little more protection to application developers tha the BSD or MIT licenses if you happen to buy the wrong hardware.

    1. Re:The Worst Case.. by Anonymous Coward · · Score: 0

      A company could place many restrictions on the code you could run on their computers. But unless their hardware is vastly superior to competitors, people won't buy from them in numbers.

      But if I was releasing dedicated hardware, I would want to include a proper check. I would not want some other programmer introducing a bug that hampers the hardware operation. My TV includes a Linux system. If defective code replaced the built in version, the colors displayed might wind up being incorrect. Whether deliberate sabotage by a competitor or a blunder by a programmer unfamilar with this specific hardware, the end result could be unhappy customers. Other hostile functions might be added to the code. I doubt every user will validate and recompile the sources for every change to ensure nothing has slipped into the binaries.

  65. GPL allows combining with propriatory software. by Anonymous Coward · · Score: 0


    GPLv2 dictated technical details that affected the next user's right to modify the software. For example, you couldn't link a modified GPL program with a closed source library, since that would hamper the ability to modify the software.


    This is a common misconception. GPL allows end users to combine whatever software they want with the GPL irregardless of what the license or the programmer approves of. You could combine Windows source code into GCC for all that matters if you feel like it.

    GPL only involves redistribution. If you combine other software with the GPL and distribute that software it has to be under compatable terms with the GPL. It's a license involving redistribution... it makes no restrictions on what you can do it it personally beyond that.

    End users don't enter into it. It's absolutely Free, as much as public domain, for you and I to use it for whatever purpose.

    1. Re:GPL allows combining with propriatory software. by GigsVT · · Score: 1

      It's a common misconception that copyright only covers distribution. It also gives the author exclusive rights to modify the work.

      The end user must abide by the GPL if they modify GPL software without redistribution.

      The GPL does not really place any restrictions on modification without redistribution, however. It could, though, without venturing into EULA land.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  66. Re:So why doesn't he switch to the Berkeley licens by Shrithe · · Score: 1

    Exactly. GPL is to promote open source, BSD is to promote good code. BSD doesn't need to be as big as Linux to do what it's trying to do, it punches well above it's weight because of the difference in goals. Personally, I think OpenBSD is one of the most important open source projects out there for this reason. Tiny market share, but massive influence, and that's the way they want it. Or, to put it another way, GPL is for creating software. BSD is for creating standards.

  67. unless of course theres collusion, which there is. by plasmacutter · · Score: 1

    in which case if you dont buy the restricted hardware, then you dont buy at all.. thank you trusted computing group.. (or whatever it is name you are this week to try to avoid people calling a spade a spade by warning about the draconian DRM youre pushing)

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  68. but circumvention should be a right too.. by plasmacutter · · Score: 1

    if they have a right to try to stop you doing what you please with hardware, then we damn well should have a right to try to stop them from stopping us.. and to make say.. a firm dedicated to selling those solutions.

    the DMCA prevents that.. so either they should be prevented from implementing DRM or the DMCA should be repealed, but as it is now there is no balance.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  69. Re:dink,dink,dink ddd ddddd by Red+Alastor · · Score: 1
    I feel like Schroder in "A Charlie Brown Christmas" having to dink-dink-dink on his little piano to get Lucy to recognize "jingle-bells". Another way of asking my question is "Does any version of the GPL allow (technically, not legally) non-signed software to run on a DRM device". The answer to that question is the same as asking if the GPL can circumvent DRM.
    No. And the GPL is only legal, not technical. And it cannot in any direct way affect software not covered by it.
    --
    Slashdot anagrams to "Sad Sloth"
  70. mod parent up by wannabgeek · · Score: 1

    Seriously, to call the ideologists (whether you agree with them or not) "narrow minded" is really trolling!

    --
    I'm much more funny, interesting and insightful than the moderators think
  71. The heart of the issue by PostPhil · · Score: 5, Insightful

    The FSF's stance is controversial (as exemplified by the GPL 3) because it's about freedom, which for all of human history has been hardly understood.

    Licenses like BSD/MIT have a view of freedom that is more like anarchy: the "do anything you want" style of so-called freedom (but at least give credit to who wrote the code). This stance doesn't actually create freedom because "anything you want to do" can also include taking freedom away from others. BSD people used to argue that you would still have freedom, only it's with the old code before the proprietary fork, etc. But DRM and other methods of preventing you from modifying and running software is not protected by BSD licensing. So, it is even more true today that BSD-like licensing in actuality has little to do with freedom and more to do with technological research without regard to the sustained openness that made studying that code possible.

    Freedom must be preserved and encouraged in order to exist! It is not a spontaneous choice that can be made after neglecting its preservation. Once freedom is gone, once official mechanisms are in place to restrict you, you can't simply make a choice to be free again. When I think of the FSF, I believe they understand freedom as many others have realized throughout history...

    "You can only protect your liberties in this world by protecting the other man's freedom. You can only be free if I am free." - Clarence Darrow

    "None are so hopelessly enslaved as those who falsely believe they are free." -Goethe

    "Liberty without learning is always in peril and learning without liberty is always in vain." - John F. Kennedy

    ...while the FSF would probably characterize false freedom as this:

    "After I asked him what he meant, he replied that freedom consisted of the unimpeded right to get rich, to use his ability, no matter what the cost to others, to win advancement." - Norman Thomas

    The more we are tempted by money to deprive others of freedom, the less freedom we all have in the end, and the less it's worth living in such a society even if you're rich. Don't worry about people crying about loss of profitability, etc. History has always shown that there will always be clever people that will find some way to make money, whether people are free or in chains.

    1. Re:The heart of the issue by tenco · · Score: 1
      a view of freedom that is more like anarchy: the "do anything you want" style of so-called freedom

      That's not anarchy.

    2. Re:The heart of the issue by renoX · · Score: 1

      > BSD-like licensing in actuality has little to do with freedom and more to do with technological research without regard to the sustained openness

      Mmm, the fact that BSD OS are still very strong show with their code still open show quite clearly that BSD licensed' code is also a sustained source of openness.
      Plus, as evidenced by the widespread usage of BSD TCP-IP stack, BSD isn't only about research but is very good for interoperability.
      I would say that the LesserGPL could be very good for interoperability, if this license didn't suck, but as shown by the number of variants of the LGPL, it is very poor..

  72. They're all fine licenses by Anonymous Coward · · Score: 0

    BSD allows more one-off (2nd gen) derivative works, as some of those can be closed.

    GPL promotes a deeper spread (3rd, 4th, 5th, etc. gen) of derivative works, as no intermediate work can be closed.

    It is pointless to argue which is better--choose the one you like & don't shove your beliefs on others. BSD zealots are just as bad as GNU zealots.

  73. As if it were a rental? by tepples · · Score: 1
    It prevents you from modifying the operation of the hardware I built.

    The hardware you built, but the hardware I bought. Unless I am renting your hardware, I should have the right under the exhaustion doctrines to do whatever I want with my physical property.

    1. Re:As if it were a rental? by tomhudson · · Score: 1

      Which is why we should be able to mod-chip anything we bought, as well.

      The problem here is a political one - our politicians haven't been sufficiently motivated (meaning that they like to sup from the lobbyists' table) to do their job, which is, among other things, seeing that existing laws like "fair use" continue to work as they were inteneded.

      Fix THAT, and the whole GPL vs DRM problem goes away. Don't fix that, and it won't matter - you won't be able to run anything w/o proprietary DRM.

  74. If there is no Free competition... by tepples · · Score: 2, Informative
    So don't buy this hardware. It serves no purpose to you.

    What should I buy instead if all the close substitutes of the hardware are equally locked-in?

    No one argues, for example, that you can't run GCC on top of a closed-source unix kernel
    RMS does.

    O RLY? Both GNU GPL v2 and this GPL v3 draft make an exception for libraries distributed with the OS. Heck, I run GCC on top of Windows.

    Hardware is totally different from software.

    "Fuck" isn't the only 4-letter word. There is also "FPGA".

    he is fighting against (IMHO) minor theoretical problems instead of focusing on real problems like copyright fragmentation.

    Copyright fragmentation is already covered. For software to carry the GNU® mark, its copyright must be assigned to Free Software Foundation Inc.

    1. Re:If there is no Free competition... by mrchaotica · · Score: 1
      "Fuck" isn't the only 4-letter word. There is also "FPGA".

      Technically "FPGA" is an initialism, not a word.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  75. Lock-in free game console? by tepples · · Score: 1
    People have a choice between DRM and non-DRM platforms and software.

    On which platform without vendor lock-in can I play real-time video games with four players in the same room looking at the same screen? Sure, there is PC with USB-in and TV-out, but there are too few native titles, as most developers seem to expect users to buy one computer per family member, put them in a LAN, and buy a separate copy of the game for each player.

    1. Re:Lock-in free game console? by tomhudson · · Score: 1

      You're missing the point - you have the choice, the freedom, to not use any product that doesn't do what you want it to, the way you want it to.

      Sometimes, that means deciding that you won't buy a particular product - in this case, a game - because it isn't supported by open platfrms.

      If, on the other hand, you DO decide to by the game, in spite of it being supported only on a closed platform, you again have exercised your freedom of choice, but in a way that you have to admit encourages the very platforms you're against.

      You've voted with your dollars. Can you blame the producers for not taking your money and using it to continue to offer more products that you seem to want?

      That such a product isn't available on an open platform isn't the "fault" of the producer - they have the choice to sell their product as they see fit, just as you have the choice to buy it or reject it.

      The GPLv3 doesn't address this problem - only the marketplace can.

    2. Re:Lock-in free game console? by tepples · · Score: 1
      The GPLv3 doesn't address this problem - only the marketplace can.

      The point is that the market has decided not to address this problem effectively. There are four major stationary video gaming platform families: Windows, PlayStation, Xbox, and GameCube. The first is overly expensive because developers almost universally plan on one PC per player, and the rest have lockout chips.

    3. Re:Lock-in free game console? by tomhudson · · Score: 1

      In the case of game consoles, the marketplace HAS decided. There is obviously not enough of a market for what you are looking for to sustain a product.

      If you believe otherwise, then you have the opportunity, just like anyone else, to exploit that "overlooked" market. What you don't have the right to do is to complain that the world must cater to your needs. Nobody has to. Provide them an incentive, and they will. That's the free market.

      If you think the "one pc per player" model is overly expensive, you're dreaming. PCs are dirt cheap compared to 20 years ago. The money I spent just for a dual external 5-1/4" floppy drive to add to my first box would buy a nice gaming PC today. Heck, the 14" monitor alone cost more than a complete box today. Heck, the mouse and keyboard alone would pay for a pair of 250-gig hard drives today.

  76. But which console? by tepples · · Score: 1
    or you vote with your feet and not buy hardware from that company again.

    If Sony, Microsoft, and Nintendo all have vendor lock-in on their video game consoles, which video game console should I buy? If TiVo and all its major competitors have vendor lock-in on their DVRs, which DVR should I buy?

  77. All video game consoles are shit by tepples · · Score: 1
    if all they are selling is shit... spend your money on something else.

    The PlayStation 2, GameCube, Xbox, and Xbox 360 are all "shit", so what "something else" capable of playing multiplayer party style video games do you expect me to spend money on?

    And no manufacturer that trades on a U.S. stock exchange will risk the value of their stock plummeting because everyone decided not to upgrade until something more palatable comes out.

    Did you say "U.S. stock exchange" specifically to exclude Sony and Nintendo, which trade in Japan?

  78. Linus Is An Idiot by cannuck · · Score: 0

    Here we go again. If you buy my bread:

    - you can only toast it in George's brand toaster .....

    - but you can't toast bagels in George's brand toaster - just my bread

    - and by the way you can't cut any of my bread slices in half....

    - nor can you sell my bread or a slice of my bread to someone else

    What a f---ing load of bullshit. Do I hear a heel click?

  79. Linus has worked for one too many mfgs by shaitand · · Score: 1

    Clearly Linus has sold out. This is the very clause that would prevent the noose of trusted computing from closing on the next generation pc hardware. It goes like this...

    Bios chipsets conform to trusted computing and refuse to run non-trusted content. Only windows is signed. Linux can't run. End of story.

    No the free market won't work here. There won't be any companies that break the rules, if they break the rules then windows won't run on their systems. If they break the rules then multimedia won't work on their systems. The consumer will either have to stop using computers or vote in favor of DRM with their dollar.

    No startup will bring out an alternative because not running windows will assure a customer base that is small enough that it can't support the enourmous initial investment required to design a motherboard (not to mention video card and sound card once those require a 'trusted' platform to function).

    Linus knows this. He doesn't care, all the evidence suggests that Linus became a whore turning tricks for corporate masters a long time ago. This public outcry against pro-consumer/modder yet anti-profiteer clauses of the GPLv3 can only be the result of payoffs from corporate masters.

    It isn't really suprising that Linus has sold out, who knows, maybe any of us would do it in his position. But there is no reason the community has to support him in this.

    1. Re:Linus has worked for one too many mfgs by bytesex · · Score: 2, Insightful

      "Bios chipsets conform to trusted computing and refuse to run non-trusted content. Only windows is signed. Linux can't run. End of story.

      No the free market won't work here. There won't be any companies that break the rules,"

      Excuse me, my company _will_ break the rules, because we're running Oracle off of Linux and there ain't no way in hell we'll run it off of Windows. Solaris maybe, but that'll mean buying into a new hardware supplier, which is also a big no-no. And I'm sure that my company will not be the only one. If digital signing of binaries comes in fashion (and many have tried already, and failed), then it'll have to be in an open way, much like the way we have CA's on the www these days.

      I'm not saying that I'm liking it - I'm just saying there's no need for paranoia.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    2. Re:Linus has worked for one too many mfgs by Anonymous Coward · · Score: 0

      Except that you are totally wrong.
      This scenario of yours is still possible even with GPL v3. Who says that BIOS needs to be GPL'ed?
      If it isn't it can still happen.

      GPL v3 does not protect you from *that*. What it does, it protects developers from seeing their code run on non-free devices and being unable to tweak it.

      However the world can still exist outside of GPL license and all of those "dark future" scenarios can still happen even if every project in the world switches from GPL v2 to GPL v3.

      So don't argue for GPL v3 sake only because you don't want your computer locked. It still can be locked, with or without GPL v3 in existence.

    3. Re:Linus has worked for one too many mfgs by shaitand · · Score: 1

      Well I can't comment on every manufacturer, but phoenix and award bioses of the future are implementing mandatory signing. Also our HP rep advised me that all core 2 duo generation laptops from HP will have this 'feature' along with full drm support in the video hardware.

      Companies USING linux don't have the option to break the rules. The companies I was referring to are the hardware vendors. Your company represents the market for the non-drm hardware, and that market is not large enough to sustain a manufacturer when supporting it means that they can not support windows. Even if exception boards are made they will be most of the demand is (server boards) and leave workstations and desktops hanging.

    4. Re:Linus has worked for one too many mfgs by shaitand · · Score: 1

      Nothing I said is wrong. But what you said is right, a device can use non-gpl'd code to implement drm. The same is true of any application, that isn't the discussion. Linus is free to not use GPLv3 on the kernel either, in fact he doesn't even use the current GPL license because he doesn't like the terms.

      The GPLv3 would however bar manufacturers from supporting this draconian system if they want to take advantage of the software that I have written. DRM would effectively castrate GPLv2 software, allowing it to be locked up like the BSD license. BSD authors give away their labor, GPL authors want to promote open and free software to make life better for themselves and others. They even would like payment in the form of code.

      The ONLY purpose allowing manufacturers using DRM is to prevent the OWNER from intentionally modifying software (by not providing them their own hardware key). Mfgs want to be able to do this so they provide different levels of crippled device and sell the uncrippled one for more, rather than actually selling the product at full capability and selling something better for more. This is hardly something that should be encouraged. It is sad that there is no public awareness of this practice.

  80. The article contains the standard GPL FUD by Anonymous Coward · · Score: 0

    Quote from the article: ...the GPL version 2 was a basic "quid pro quo" arrangement that required anyone modifying source code to make the changes public...

    As every Slashdotter knows, if you make changes for your own use and don't want to distribute them at all then that is nobody's business but your own, no matter ehich version of the GPL you go by.

  81. Wake Up and smell the Profits by LifesABeach · · Score: 1

    "...So I make my hardware check the cryptographic signature of the binary before I run it..."

    Maybe I don't need to buy your hardware?

  82. Re: upstream prohibition by Anonymous Coward · · Score: 0

    Not so. If they want to redistribute source code on their own, it's their right by the GPL.

  83. Canadians protecting IT property rights! by Russell+McOrmond · · Score: 2, Informative
    Many of the comments echo a common theme: It is our hardware, not the manufacturers, and they have no business using digital keys to lock us out of our own property.

    If you are a Canadian you can help send this message to parliament by signing our Petition to protect Information Technology property rights.

    Today I posted an article to the website of CLUE: The Canadian Association for Open Source, titled "Whose hardware is it anyway?" (Copy on the Digital Copyright Canada forum).

  84. The whole point of the GPL is... by Helldesk+Hound · · Score: 2, Insightful

    ...to preserve a user's freedom to use software how they want and to modify it in any way they want.

    Linus seems on this point to think it is acceptable to prevent a user from having the above freedoms merely because a hardware manufacturer (who has made their own modifications to GPL'd software) does not want others to be able to have the same freedoms.

    I respect Linus for what he's done and contributed to Free software, but on this point I think he is wrong.

  85. The Atari 2600 doesn't have vendor lock-in by ClosedSource · · Score: 1

    My Atari 2600 doesn't have vendor lock-in, does that mean I can play Playstation and XBox games on it?

    I guess I don't understand the relevance of your questions to the GPL issue.

    1. Re:The Atari 2600 doesn't have vendor lock-in by tepples · · Score: 1

      So do you find it desirable that no major game console introduced in the past 25 years is free of the lock-in that the GPL v3 draft seeks to prevent?

    2. Re:The Atari 2600 doesn't have vendor lock-in by ClosedSource · · Score: 1

      I honestly don't know the nature of the lock-in since I haven't purchased a game console since 1983. Explain to me how it works, and I'll comment.

    3. Re:The Atari 2600 doesn't have vendor lock-in by tepples · · Score: 1
      Explain to me how [lockout on video game consoles] works, and I'll comment.
      1. NES, Super NES, and N64 consoles and Game Paks contain a proprietary microcontroller that communicates a stream of pseudo-random numbers. If they fall out of sync, the game halts. Only Nintendo knows the algorithm or keys for the PRNG.
      2. Saturn, PlayStation: specific bad blocks in the data track's pre-gap
      3. PlayStation 2 and GameCube: data on disc is encrypted with a key derived from the Burst Cutting Area through a secret algorithm
      4. Xbox, Xbox 360: all executables are digitally signed
    4. Re:The Atari 2600 doesn't have vendor lock-in by ClosedSource · · Score: 1

      So I guess that prevents you from making your own games.

      So based on the prior answers I've received (to a different question than the one I asked) my guess is that GPLv3 would make it impossible for those vendors to do this in the future if they want to include "free" software in their consoles and that some believe this will deter them. I'm not saying for sure that you believe it.

      I don't believe this would have any effect. It's convenient to put something like Linux in a console because programmers are comfortable with it, it's trendy, etc, but it's not really necessary.

  86. Okay, I'll Bite by KagatoLNX · · Score: 1

    Actually, what you're doing is called trolling.

    --
    I think Mauve has the most RAM. --PHB (Dilbert Comic)
    1. Re:Okay, I'll Bite by ClosedSource · · Score: 1

      Actually, what you're doing is called an ad hominem argument.

  87. Unintended consequences by Anonymous Coward · · Score: 0
    This whole argument sounds to me like "will somebody think of the children!!!" or "The War Against Terror" in reverse: DRM is Evil so any effort to fight DRM is good and if you disagree you must be in favor of DRM. Its hard to disagree with the intentions, but the devil is in the detail.

    The point is surely not whether DRM is good or evil but whether these proposed changes in the GPLv3 will have a chilling effect on valid uses of code signing and encryption.

    The fact that Linus (who has pretty strong credentials in the field) thinks they will should be taken very seriously.

    Even if he has misinterpreted them, that would imply that they are open to misinterpretation.

    Even if he has deliberately misinterpreted them because he has an axe to grind, that shows that they are a potential source of FUD and frivolous attacks.

    The nice thing about the GPL2 was that it was pretty darn simple - you didn't have to be a lawyer to understand it, and FUD was fairly easy to refute. The new DRM clause seems to open up a whole can of worms that could require a court to decypher in any particular context. E.g.:

    GPLv3 draft (my emphasis)
    If the work communicates with an online service, it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish.

    Imagine I produce an on-line, examination system, on a client-server model. The questions themselves need to be kept "secure" and the authenticity of the client needs to be checked - plus I want to charge money from running exams (if only because the admin costs money). So, it needs something very much like DRM. However, under GPLv2 there's no reason why I can't release the source for other people to modify and use to run their own exam services - they just can't connect to *my* service without me first checking and signing their software. Under GPLv3 - well that clause above sounds to me like it forbids that, and I'd need a lawyer - and probably a court precident - to know for sure.

    How about an online game? What is wrong with using DRM to ensure that all the players on your server are not cheating by using a hacked client, provided that anybody who wishes to can start their own server. Why shouldn't a Free software vendor use signed binaries to decide who is eligible for what sort of support?

    Whenever the government introduces some new draconian law to tackle movie-counterfieting paedophillic drug-taking racist terrorists they always say "Oh, good heavens, no, this won't affect the freedom of ordinary people to do x/y/z" without actually pointing to the bit of the law that guarantees that. The responses from FSF (and various of their supporters) to these criticisms sounds awfully similar to me.

    Of course, the worst case scenario here is not 1984, but that GPLv3 fails, that any critical components of GNU/XOrg/KDE/SMB/.../Linux that switch to v3 have to be forked, and that Apple users have to pay extra for Intel compilers rather than getting GCC for free.

  88. Re:So why doesn't he switch to the Berkeley licens by borgheron · · Score: 1

    It allows more freedom for the person. The point is to keep the SOFTWARE free, not to allow someone to, in essence, steal your work. THAT's the point. Sometimes preserving the freedom of the masses means restricting the freedom of the individual.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  89. Mod Parent Up by Little+Brother · · Score: 1

    This is my first "mod parent up" post (So far as I can remember). The above post really is core to the argument: It shows that GPLv3 does not restirct the most important users of such software. Come on mod's MOD IT UP!

    --

    Little Brother, watching the watchers

  90. Might makes right by Peaker · · Score: 1

    Popularity does too.

    Or doesn't it?

    Its not the FSF's goal to be popular, its their goal to promote freedom.

    "You should be free to restrict the freedoms of your users" is not a trivial fact that the FSF and Free Software people should or do agree with.

    People should not be free to create closed source software, simply because its not a freedom. Its a power over the users' freedoms.
    The net effect is the reduction of freedom.

    1. Re:Might makes right by kz45 · · Score: 1

      "People should not be free to create closed source software, simply because its not a freedom. Its a power over the users' freedoms.
      The net effect is the reduction of freedom."

      well, it's taking away freedoms away from the programmer. I'm actually glad stallman is such a nut job because it's turning a ton of people and companies away from using the GNU license. Now it can die the slow and painful death that it deserves.

    2. Re:Might makes right by Peaker · · Score: 1

      well, it's taking away freedoms away from the programmer.

      Really? What freedoms would those be?

      Using the government to enforce limitations over users' freedoms to copy and alter the work?

      Because that's not a freedom at all, its a power! There's a difference between freedom and power, but you are confusing the two.

  91. Re:So why doesn't he switch to the Berkeley licens by jefp · · Score: 1

    Do you folks ever actually listen to yourselves??

  92. Killing the headache by Frightening · · Score: 1

    Linus is correct. The right of the manufacturer to be able to restrict software precedes the right of the customer to choose what software to run.

    This is because the customer can simply choose not to buy the hardware to begin with. But what if the hardware is needed yet monopolized? What if you really want that Dell, but it restricts you to windows NTFS filesystems? The answer is that

    a) You can boycott the hardware and all the money that went into R&D will be lost by that nasty manufacturer, then send hatemail to let them know their mistake.

    b) The GPL should prevent monopolies and other patent system follies.

    The balancing of "customer support headache" and "losing money to freedom headache" is an internal company matter.

  93. $450 is still less than $2400 by tepples · · Score: 1
    If you think the "one pc per player" model is overly expensive, you're dreaming.

    Four entry-level PCs (each bundle including a monitor) for $600 each, or one $250 Wii and one $200 TV? What will a parent decide to buy?

    1. Re:$450 is still less than $2400 by WizMaster · · Score: 1

      Compare World of Warcraft to Wii sports. Not sharing a screen has it's advantages in many, many games and many people (including me) would gladly pay for it. You just can't play an RTS with you buddies sharing a screen. You're also assuming you need 4 computers. They could take turns playing online.

  94. Why depend on the Linux kernel? by Freed · · Score: 0

    Let's not be down on Linus. He knew of the opposition to DRM and announced on the lkml (in 2003?) that Linux is OK with DRM, in order to warn those who cannot accept DRM.

    Maybe the problem lies with depending too much on this kernel and for not only the sake of preserving freedom, but also the willingness to experiment with technical designs. Although the Hurd has not yet been realized, consider that

    • There are indeed Linux developers who oppose DRM.
    • The hurd-L4 mailing list has seen vigorous debate, including, FWIW, some OS researchers (e.g., professors).
    • In general there is no lack of researchers with alternative designs, including those who are willing to not rely so much on C.
    • Alternative kernels are more relevant than you might think. For example, we all know how Xen is catching on. It has roots in an exokernel, a type of kernel should get more attention. Another notable example is the Singularity project from Microsoft Research.

    There is way too much apathy out there on DRM. Consider how abusive our own government has been. Regardless of Republican or Democrat, is it really such a stretch to imagine abuses via DRM? Another way to frame the debate is to learn a little more about "open source" versus "free software". Consider reading the bios on Linus or on RMS (e.g., _Free as in Freedom_). A way to explain RMS vs. Linus is pessimism vs. optimism. Consider how the world is going right now and which view is more responsible.

  95. Re: How do you think the problem will by HiThere · · Score: 1

    They'll stick with GPL2.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  96. Save the planet! Do not listen to Linus... by Anonymous Coward · · Score: 1, Insightful

    How often have people on reading Slashdot not had to replace perfectly working hardware just because the vendors rather want to sell a new unit rather than provide bugfixes that makes the stuff they released earlier actually works?

    I have saved myself from buying more than one new wireless accesspoint thanks to the bugfixes made available through openwrt.

    What about all the old HW that you now cannot use with XP because vendors does not make drivers even though the hardware is perfectly functional not to mention all the old legacy unix boxes out there from Sun, HP, IBM and others that are still usable and powers tens of thousands of internet sites today thanks to *BSD and Linux.

    Launch version 2 of product X which do not support old HW releases, send out end of life warning for version 1 and you are guaranteed to see almost everybody upgrade before the next security bug is out.

    Vendors will use any chance they have to force customers to upgrade HW whenever they want them to upgrade. There should be absolutely no doubt at all about this and if they can use TPM for this, they will. This is a waste of money for customers, it removes competition and it wastes tons and tons of natural resources on HW upgrades that are not needed.

    So, ignore Linus on this one (I cannot really see a single good argument that supports him in this case) and save the planet by optimizing reuse and life length of the things we make.

    I do actually support TPM, I find it very usefull but only when I control the thing. I don't see any logical reason that I need a vendor to do this, although I would be happy to see vendor authorised signatures on products and distribution that the TPM module use to help me make sure that I never execute unexpected things. Integrate TPM with functions similar to Microsofts certified drivers for instance.

    Should be more then sufficient. Do not need a full lockout.

  97. damn. by Anonymous Coward · · Score: 0

    WTF Linus? I used to think you were cool for the work on Linux but you are turning into a pussy. The clause in GPL3 is there so manufacturers cannot restrict the user from using their product in any way besides the way they intend it. Tivo did this with their modified version of the linux kernel. I want the freedom to use the stuff I buy in anyway possible. Maybe I want to run hacked code to automatically skip commercials.

  98. Re:So why doesn't he switch to the Berkeley licens by borgheron · · Score: 1

    "You folks"?? I assume you're talking about us "GPL folks" And, yes, I know exactly what I'm saying. :) Both licenses have merit, one is not better than the other. I, personally, don't use the BSD license because it would enable a company to take my work and, effectively, steal it and creating their own closed derivative. I prefer the GPL since it makes certain that the software that I've written remains free to use, even when someone modifies and redistributes it.

    Given that about 68%-75% of all open source and free software is GPL'd (http://en.wikipedia.org/wiki/GPL), it seems that the BSD license has found it's niche, but that most people feel the same way I do.

    Later, GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  99. Not all genres benefit from four screens by tepples · · Score: 1
    Not sharing a screen has it's advantages in many, many games

    In some genres. Not everybody wants to play first-person shooters or real-time sims. How would a separate view per player benefit a side-view fighting game similar to Street Fighter II or Smash Bros.? What about games where the whole playfield fits in the screen, such as Bomberman or a tennis sim, or games with a vertical playfield, such as Frozen Bubble or StepMania? Do enough genres benefit from multiple views to justify the extra $2,000 for three extra machines and displays in a household?

    I guess it will take free games to make the PC into a platform for shared-view gaming. But given that the free software philosophy is less widespread among artists than among programmers, and the market will choose locked-in consoles over free-software-capable PCs if it means enduring "programmer art", how can free software programmers reach out to artists?

    You're also assuming you need 4 computers. They could take turns playing online.

    Take turns? In what household? In fact, there are a lot of parents who won't buy 1-player games because it means the children will commit battery on each other over who gets to play it next and who, who, and who have to sit on their hands for an hour.

  100. How can RMS help there? by Anonymous Coward · · Score: 0

    The existing license already prohibits you from distributing such components together ... it's Linus&Co which allow it to happen anyway.

  101. Re:Licensing by tomhudson · · Score: 1

    I read it, and its an interesting concept. I was wondering if it was a type (copywrite) but then I noticed further on that its spelled properly in the text itself.

    I can understand the 3 years provision, but it should only be on the code you actually "touch" or modify. Anything you pass on, you're just helping the original author get a wider audience. You shouldn't be penalized for doing something good.

    For the time being, I'm using v2, and I don't see a compelling reason to switch to v3. The few things I've released I specifically limited to v2 (I removed the "or later version" text becauee I'm a bit of a cynic, and I don't like the idea of open-ended one-sided agreements :-).

    Heck, if it gets too messy, we can all just redo everything in c and java and go binary-only, and just swap the source with people who email and ask nicely. Not the best solution ... but we may very well end back up there in a few years if too many people get bit by the 3-year bug.

    Lets face it, for small stuff, its not a problem, but for something that takes a lot of space on a server, you could run into significant costs. Someone who's doing this as a good-will gesture and then runs into financial problems (from, say, job loss or divorce) doesn't need people suing him because he/she can no longer afford to pay for hosting all the files.

    With distros now taking up a full dvd (I'm wondering when we're going to see the first "doesn't fit on only 1 dvd" distro), we can be talking serious coin.

  102. That's right Linus, you ding-dong! by Anonymous Coward · · Score: 0

    The idea behind Free Software is that the *end user*
    is Free to see, change, modify, etc...

    I personaly don't give a flying fluck about commercial users and uses; I am an *end user*.

    One of the reasons I (ideologicaly) preferred GNU/Linux to the BSD's was for the reason of the Licensing terms.

    Hell if Linus goes this route, then I'd rather be with the BSD's.

    I encourage all people who philosophicaly agree with the ideology of "Free Software" as in the FSF/GNU manner to develop the GNU Hurd; I'm starting to get sick to the stomach with Linus and his nonsense!

  103. Re:Not h8in, jus' st8in by Anonymous Coward · · Score: 0

    ok, thanks. see you there in a while.

  104. "Trusted Computing" by trigggl · · Score: 1

    Security is good if I am the one in control of it. You may want (insert your government here) monitoring you, but I don't. Trusted computing is only good if it's controlled by someone I trust. That would be me. It's funny how Microsoft puts out the most insecure system out there, but vendors are worried about security in unix boxes? Keep your security to yourself.

    --
    Ops, I shuld have usd the prevuwe but in.
  105. Missing The Forest For The Trees by KagatoLNX · · Score: 1

    Interesting. Of course, an ad hominem argument doesn't make me wrong any more than it makes you right, does it? I mean, if we're talking logic and all.

    Assuming that we are actually talking about logical argument. Your initial request was "OK, so explain how GPLv3 is going to make it possible to circumvent the DRM." The implied argument was the the GPLv3 does not make it possible. The response was simply that it would create an environment conducive to it, thereby enabling it (albiet not technically, but politically). This in a very real sense is circumvention. In context, the GPLv3 circumvents DRM like the GPL originally circumvented restrictive software licensing. It compelled no one directly, and yet acted as a powerful force to enable FOSS. Rather than clarify that you meant this in a technical sense and that it was stated clearly, you resort to "begging the question", an equally common logical fallacy to ad hominem.

    After viewing your volume of posts on this thread, I deduced that something other than rational thought drove you to exigence in this forum. I propose that you are trolling.

    Trolling is simply the act of going somewhere and saying something the people there won't like to garner attention. I perceive (perhaps incorrectly) that this is your motivation.

    You are correct in that I am not attacking your argument--I am attacking you. I feel that what you do is about as useful discussing software licensing as PETA members dressing up as slaughtered pigs and picketing a McDonalds is in discussing animal cruelty. You have crossed the line between raising awareness of an issue to grandstanding for personal gratification.

    Regardless, use of ad hominem against a troll hardly justifies your argument.

    Besides, if I was commited to ad hominem, I would have noted that my slashdot ID is lower than yours so you must be ignorant and uninformed.

    --
    I think Mauve has the most RAM. --PHB (Dilbert Comic)
  106. Innocent unless proven guilty by Qbertino · · Score: 1

    Linus presumes that hardware manufacturers mean and play nice. The FSF presumes the hw guys will use DRM to cripple GPLd software and the GPL. Both have a point. I actually think of the FSFs presumtion to be realistic. In the end it doesn't matter, because people can choose which GPL they use.

    --
    We suffer more in our imagination than in reality. - Seneca
  107. Re:You're so wrong it's painful. by earthforce_1 · · Score: 1

    So what happens if a majority (not necessarily 100%) decide that future contributions to the kernel shall be under GPLv3? Or if they forked the kernel the way XF86 became X.org? The current kernel would be grandfathered as GPLv2, but any new code contributions would be GPLv3. The result would be a kernel that has some code licenced under GPLv2 and increasing amounts under GPLv3, and unless the recipient is willing to strip out the GPLv3 stuff, (an increasingly difficult and impractical task) they would be subject to the restrictions of both licences. This would make it subject to the more restrictive GPLv3 by default. Code with multiple licences are not at all unusual, early versions of Windows had a lot of BSD stuff. Eventually the GPLv2 stuff would be written out and the kernel would be entirely GPLv3.

    --
    My rights don't need management.
  108. Licence Breakage and Developer Choice by NickFortune · · Score: 1
    Let's have something a little less confrontational for the subject line :)

    No, I'm saying the same thing Linus said - that DRM is not going to go away because we change a license - its going to go away only if consumers reject it.

    mmm... look, in case it wasn't apparent, I came in halfway through this thread, and only then because I thought your points about mod chips and homebrew hardware were flawed. I don't have any particular emotional investment in the original point

    Still, I wonder if it's safe to say that the GPL V3 won't make DRM go away. I mean it's starting to lookl like V2 might make proprietory software go away, at least in the long term. But let's say that you're right, and that the GPL is never going to solve DRM. I still don't think that makes GPL V3 "broken", since that presupposes that the sole point of the licence was to make DRM go away, and I don't think anyone has ever claimed that.

    ultimately, DRM is a social problem, not a licensing problem.

    Possibly. But that doesn't mean the problem cannot be addressed in licencing. Solutions do not have to arise from the same domain as the problem they address, nor are we restricted to a single measure for any given problem.

    And yes, the ability for any Joe Sixpack to slap together a computer with only a bit of knowledge was a very liberating thing ... or have you forgotten that bef ore the advent of personal computers, everything was centrally controlled off a few machines, with access strictly limited.

    Yes, yes, all very true. All you need now is to find someone who is actually arguing otherwise and you'll have a devastating rebuttal. What I was saying in this thread was that the average consumer is unlikely to build a computer just so he can try out some free software. We have enough trouble persuading people to do that on pre-built boxes which they already own. If the only he can try out free software is by building his own box, then the free software movement is in for some serious downsizing.

    I think we can agree that this would be an undesireable outcome.

    The battlefield isn't between developers and manufacturers -its totally with the consumers.

    I think we disagree at the word "totally". Yes the consumers have a role to play in the fight against DRM, and yes, probably the dominant one. But you seem to be suggesting that it's none of the developer's business and that they should all just butt out and let the market decide.

    And that's where I have a problem. I think if a developer wants to licence his own software with a clause that precludes anyone running it on a DRM system, then that's always going to be their privilege.

    --
    Don't let THEM immanentize the Eschaton!
    1. Re:Licence Breakage and Developer Choice by tomhudson · · Score: 1

      Here's a thought ... what is the GPLv4 going to contain, if this goes through? Perhaps a restriction that GPL'd software can only be run on GPL'd operating systems? Or that all modifications have to be pushed back into the public pool, even if they're totally irrelevant to anyone else's needs, or even if there's no "distribution"?

      Or ... and this HAS been proposed ... that modifying GPL'd software and using it to serve up content should also be considered "distribution". If you want to kill off a LOT of open-source projects, that's a good way to do it. Imagine having to take your copy of wordpress or drupal or postnuke that you've customized, and having to guarantee that you'll make all mods available for 3 years, even though you haven't distributed any of it to anyone else; you've just fixed it up so it works the way YOU want. Most people would be saying "screw that."

      Proprietary software is part of the mix. It covers a lot of things, including the modification of GPL'd software for use internally or on customer-facing servers. Those modifications are proprietary, and as long as there is no distribution, there should be no need to disclose anything. The ability to use GPL'd software in this way encourages people to use it, and some of those people are going to "put back" into the pool.

      Is google "stealing" because they haven't made googlefs available to everyone? No.

      Now apply this to the DRM issue. As long as the source is made available if the product is being distributed, I don't see what the problem is. Because there is a very effective work-around to the GPL, and you can bet that it will be used if this goes through: devices will not be sold, just "lent" to the customer; you sign up for a tivo-like service and you're lent a receiver at no extra charge. Since the receiver never becomes the property of the customer, there is no "distribution". With hardwaqre getting cheaper and cheaper, this becomes a viable alternative.

      To argue otherwise (that distribution DOES occur even though n property changes ownership) would cause a HUGE problem for a lot of businesses right now. For example, say Company A modifies some GPL'd software and sticks it on an in-house server. That server needs to be sent out for repairs. You can't argue that "disribution" has taken place because Company B temporarily took delivery of the server to repair it ... ownership never transferred. If you were successful in arguing this, then you'd see a lot of support contracts just disappear - and a lot of development leave linux and go to bsd because of this sort of risk.

      In fact, I'd go so far as to predict that the GPLv3, and more restrictive definitions of "redistribution" could ultimately result in the resurgence of bsd at the expense of linux. Its not like there's all that much difference as far as most users would be concerned.

    2. Re:Licence Breakage and Developer Choice by NickFortune · · Score: 1

      Here's a thought ... what is the GPLv4 going to contain, if this goes through? Perhaps a restriction that GPL'd software can only be run on GPL'd operating systems? Or that all modifications have to be pushed back into the public pool, even if they're totally irrelevant to anyone else's needs, or even if there's no "distribution"?

      "What if..." games are fun. "What if GPLv5 requires that I scarifice my firstborn son and change my name to GNU/Nicholas?" I'd love to see the first test of the licence in court.

      Imagine having to take your copy of wordpress or drupal or postnuke that you've customized, and having to guarantee that you'll make all mods available for 3 years, even though you haven't distributed any of it to anyone else; you've just fixed it up so it works the way YOU want. Most people would be saying "screw that."

      • If...
      • If a GPL version implemented this feature.
      • If the licence text made no distinction between source and config data
      • If the copyright holders didn't just re-release under GPLv2 only
      • If the copyright holders were stupid enough to try and enforce that clause

      If all of the above, then you'd have a point, certainly. But I need a few less "ifs" before I start losing sleep over something.

      As long as the source is made available if the product is being distributed, I don't see what the problem is.

      I suppose that depends on what you think the GPL is for. I don't know that, but the FSF define four freedoms that the GPL is intended to protect. Making the source available satisfies freedom 1, but neglects freedoms 0, 2 and 3.

      With a locked down platform that needs signed binaries, a manufacturer can prevent a user from modifing the program to better suit their needs (freedom 2) or at least prevent them from running the modified program (freedom 0). And if it won't run, there's no point in distributing the modified version (freedom 3)

      So that's the big deal. You might not agree with the criteria they chose, but it's unquestionably their choice to make, and based upon them, there's no denying the consistency of their position.

      Because there is a very effective work-around to the GPL, and you can bet that it will be used if this goes through: devices will not be sold, just "lent" to the customer; you sign up for a tivo-like service and you're lent a receiver at no extra charge. Since the receiver never becomes the property of the customer, there is no "distribution". With hardwaqre getting cheaper and cheaper, this becomes a viable alternative.

      That battle's already on the horizon, IMHO. That was pretty much the argument used to get XBox mod chips ruled illegal over here. A lot of companies want hardware released under the same terms as proprietory software - you don't own it, you just buy the right to feed it electricity. I don't think the terms of the GPL will affect developments in that direction one iota.

      To argue otherwise (that distribution DOES occur even though n property changes ownership) would cause a HUGE problem for a lot of businesses right now.

      Maybe. But you're still arguing based on your "what if ..." scenario, right? This isn't in the currently proposed text for GPLv3, so it's no more an issue than my having to change my name by deed poll to "GNU/Nicholas".

      In fact, I'd go so far as to predict that the GPLv3, and more restrictive definitions of "redistribution" could ultimately result in the resurgence of bsd at the expense of linux.

      Well, assuming that the GPLv3 turns out as flawed as you fear, then I suppose that's a plausible outcome. I can't say I'd be overjoyed, since the BSD boys don't get much back in return for all their ha

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:Licence Breakage and Developer Choice by tomhudson · · Score: 1

      "Here's a thought in return for yours: Why not apply some of that economic darwinism to the licencing arena? Let RMS and Eben Moglen do their stuff and then see which licences survive contact with the real world? The devs and users will vote with their feet, and we'll see what's really viable and what not. Let's let the market sort it out :D"/i>

      I'm with you on that one. And yes, I think we'll see a lot of projects hard-coding GPLv2 as their license (we already see it with the linux kernel).

  109. gpl3 - it's a license choice, not a requirement. by rhyre417 · · Score: 1

    DRM is being used to prevent legal operations, like backup of data and software. If I want to backup my Tivo hard drive, I have that right (in the US). Companies abusing the trust of gift economy by putting GPL code behind cloaks like DRM, DCMA, and patents, and the license is a technical solution. Since people who write the code have the choice of how to license it (unlike people subjected to DRM), how can a choice of license (gplv2, modified GPL2, or GPL3) be wrong? If I want to run Apple software in Intel hardware, I'm forced into buying Apple hardware, which comes with mandatory (hardware DRM). I can get source code under Apple licenses for darwin for PPC, but not Intel. Why?

  110. Re:gpl3 - it's a license choice, not a requirement by tomhudson · · Score: 1

    I agree that the whole drm'd tivo thing sucks, but again, nobody is being forced to buy a tivo. You can buy other dvrs that allow you to make copies. You can buy dvd recorders that will record your tv shows directly to dvd for $150.00 at the local grocery store, so what's all this tivo tivo tivo shit? You have choices. You have alternatives.