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GPLv3 - A Primer on Open Warfare in Open Source

savio13 writes "A BusinessWeek article about the GPLv3 starts to shed some light on where things are, and what the hold up is in getting the newest version out. They discuss the Stallman vs. Torvalds conflict, issues with DRM, the goal of 'one-stop licensing', and the ever-more-likely possibility that the newest version of the GPL just isn't relevant." From the article: "The impetus to make a profit (and its associated compromises) isn't sitting well with true believers in free software. And the resulting rifts were apparent at last week's LinuxWorld conference in San Francisco. On one side is Richard Stallman and his Free Software Foundation. When Stallman says "free" he doesn't mean price, he means freedom. He believes all software should be freely available to be modified by the public. And for him, this is nothing short of a moral fight. On the other is Linus Torvalds, the father of Linux. He and others in his open-source camp believe that freely sharing code simply produces the best software, but if other people want to hide their code, that's fine, too. Companies will just vote with their feet."

449 comments

  1. Stallman vs. Torvalds? by albalbo · · Score: 3, Interesting

    While it's pretty early in the process still, it seems a bit unfair to characterise it as "Stallman vs. Torvalds". IIRC, Newsforge tried to contact others who were unhappy with the licence and couldn't find any - the only criticism has been offered by HP saying that the changes on patents still weren't enough for them or something, but that they were happy with the process.

    It sounds like a mountain of a story being made out of a molehill of comments.

    --
    "Elmo knows where you live!" - The Simpsons
    1. Re:Stallman vs. Torvalds? by jellomizer · · Score: 2, Insightful

      It is a case these are the two biggest and well known voices. Sure there are others but Stallman is the creator of GNU and Linus is the Creator of one of the most successful GNU application (Apache has a different license). It is more compelling story of two people with a common beleafe and are respected who are diverging in direction.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:Stallman vs. Torvalds? by 0xABADC0DA · · Score: 1

      Stallman vs. Torvalds
      Round GPL3... Fight!!!

      Stalhman Wins.
      Flawless Victory.
      Finish Him!
      [up,up,down,forward,L1,R2,back]
      ...rips kernel out of Linux...

    3. Re:Stallman vs. Torvalds? by jbn-o · · Score: 1

      Indeed, Stallman vs. Torvalds is giving Torvalds quite a bit too much credit and higher billing than he deserves.

      But it's hardly surprising for a publication which calls Linux an operating system instead of a kernel. Also, I don't think this has much to do with profit-making as it's quite possible to make profit doing free software work (writing free software, changing free software, and handling customer issues regarding free software). I go into more detail on these points on my blog.

    4. Re:Stallman vs. Torvalds? by taff^2 · · Score: 1

      GPL V3 opinions differing... Yawn!

      Now a deathmatch between two of the most well known and influential people in OSS... That'll sell! Popcorn anyone?

      --
      Karma: Bad. (As in Good?)
  2. This explains an email I got by sherms · · Score: 1, Funny

    After Slashdot and the Washington Post did an article on our 911 running Linux. I got an email from Richard. correcting me by telling me I should have called it GNU Linux. I emailed him back and said If Linus wrote it and he calls it Linux, thats good enough for me.

    Sherm

    1. Re:This explains an email I got by eln · · Score: 4, Informative

      Linus didn't write it, though. Linus wrote the original kernel. Much of the operating system (meaning the kernel plus system utilities) is GNU software, many of which existed as mature software well before the Linux kernel came about, which is where the GNU/Linux argument comes from.

      I agree with you that trying to get people to refer to it as GNU/Linux is a lost battle, but to say the reason is because Linus wrote it is silly. Stallman has probably written more code that is currently used in the Linux operating system than Torvalds has.

    2. Re:This explains an email I got by Knuckles · · Score: 1

      If Linus wrote it and he calls it Linux

      So you 911 only runs a kernel? By your logic, since the largest chunk of a distribution is GNU code RMS gets to call it GNU/Linux.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    3. Re:This explains an email I got by MankyD · · Score: 2, Funny
      So you 911 only runs a kernel?
      And by your logic, I should have called my old Windows machine "Nullsoft/Apple/HP/GNU/EA Games/Windows". It's not about the periphery software running on top of the system. Using term Linux is blanket enough to describe the architecture for interested parties.
      --
      -dave
      http://millionnumbers.com/ - own the number of your dreams
    4. Re:This explains an email I got by Viol8 · · Score: 1, Insightful

      The linux kernel can be used more or less standalone or with non GNU tools and it'll still be linux. Remove the kernel from linux and what have you got? A bunch of unrunnable tools.
      Perhaps to keep people like Stallman happy it should be called Gnome/KDE/GNU/Linux since I suspect a lot of linux users never tough the gnu stuff themselves but go via the GUI.

    5. Re:This explains an email I got by jellomizer · · Score: 2, Funny

      So now except for dialing 911 we will need to dial 468/911 (GNU/911)

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    6. Re:This explains an email I got by sherms · · Score: 1

      Why so literal? We use it for the many of the 911 system reports, Web based apps, Desktop, server, etc. Give me a break!!

    7. Re:This explains an email I got by eln · · Score: 3, Informative

      The linux kernel can be used more or less standalone or with non GNU tools and it'll still be linux. Remove the kernel from linux and what have you got? A bunch of unrunnable tools.

      You can run all of the GNU tools on a wide variety of other kernels, so I'm not sure what you're getting at here. The GNU set of tools existed well before Linux, and they would certainly have a great deal of value even if Linux had never been written. The Linux kernel without any tools at all is essentially useless. What's the point of having a running kernel if you don't even have a shell?

      Calling it GNU/Linux acknowledges the fact that GNU tools have always provided a big part of the core of the operating system. However, that's not to say that I personally advocate calling it GNU/Linux. Personally, I think that name is just to cumbersome to ever gain widespread acceptance, and it's pointless to try and get people to use it.

    8. Re:This explains an email I got by sherms · · Score: 1

      Know thats funny! If it passes then I'll make it a requirement!

    9. Re:This explains an email I got by Viol8 · · Score: 1

      >What's the point of having a running kernel if you don't even have a shell?

      Look up "router"

    10. Re:This explains an email I got by Mr.+Underbridge · · Score: 5, Funny

      If Stallman spent half as much time writing code as correcting people, Hurd might actually be out by now. I think it would be great if someone put out a version of Linux that used all BSD userland crap just to prove the point. Call it BSD/Linux just to confuse the crap out of people.

    11. Re:This explains an email I got by romiz · · Score: 2, Insightful

      Much of the operating system (meaning the kernel plus system utilities) is GNU software, many of which existed as mature software well before the Linux kernel came about

      The kernel is GPL software, but there is no GNU software in it as far as I know. And there are Linux systems where the implementation of the UNIX userland system tools do not come from GNU either, for example the case of embedded systems using BusyBox.

      Since a big problem in the GPLv3 debate covers the actual practices of companies that develop embedded systems, this is really relevant: In embedded systems, size is an important parameter, and the GNU userspace tools are not optimized in that direction. This means that those systems may be Linux systems, but not GNU/Linux systems.

    12. Re:This explains an email I got by JohnnyDoesLinux · · Score: 1

      And if you have used emacs, you would know that (that it has more code than the Linux kernel). ;)

    13. Re:This explains an email I got by squiggleslash · · Score: 1
      And there are Linux systems where the implementation of the UNIX userland system tools do not come from GNU either, for example the case of embedded systems using BusyBox.

      Nobody's suggesting that operating systems based upon Linux without the GNU toolset should be called "GNU/Linux". They're saying that the operating systems that are Linux with the GNU toolset should be.

      Personally, I'm happy seeing operating systems named after either the major projects they use, or given a name for the whole thing. For example, "Fedora Core 5" is a perfectly reasonable name for an operating system. Calling it "Linux" though is wierd as it's largely GNU, be it the toolset or GNOME desktop environment, with a few third party components such as X11 and the Linux kernel, and a smattering of entirely optional third party applications. It makes sense to describe it as a "GNU based operating system" or, if we want to give credit to Torvalds, "a GNU/Linux system". We don't call Mac OS X "XNU", we don't call Windows KRNL386.EXE.

      --
      You are not alone. This is not normal. None of this is normal.
    14. Re:This explains an email I got by kalirion · · Score: 1

      You mean GNU Hurd would be out by now, don't you? Otherwise I'm not sure how Stallman's work could force any of the other Hurds out (of the closet?)

    15. Re:This explains an email I got by evil_Tak · · Score: 1

      Since GNOME expands to "GNU Network Object Model Environment," GNOME/GNU/Linux would be a little redundant...

    16. Re:This explains an email I got by Knuckles · · Score: 1

      First, it was not my logic, it was the logic of the GP who had said, he who writes it gets no name it. Since Linus wrote only a tiny bit of the code in a typical distribution, he does not get to name it by that logic. This is hardly my fault.

      Second, regarding your laughable "Nullsoft/Apple/..." crap: again, note that this was the GP's reasoning. Furthermore, it would be a good idea to actually read up on RMS's reasoning. After you know what he's saying you can still disagree, but at least you wouldn't look ignorant.

      Whether Linux is sufficient as a name: might be so right now, but could change. Note that there is a Debian GNU/NetBSD, which makes it a requirement to name the usual one Debian GNU/Linux to distinguish them.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    17. Re:This explains an email I got by Knuckles · · Score: 1

      We use it

      What is "it"? The Linux kernel alone? If so fine, then your argument (he who wrote it gets to choose the name) makes sense. If you mean an actual Linux distribution then I don't even need to agree or disagree with the "Linux" name, your argument falls apart on its own.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    18. Re:This explains an email I got by Anonymous Coward · · Score: 0
      If Stallman spent half as much time writing code as correcting people, Hurd might actually be out by now.
      Stallman has said, time and time again, that HURD is low priority right now because there is a working free kernel (Linux). There are more important things at the moment that need free replacements like Gnash replacing Flash and Java.
    19. Re:This explains an email I got by bcrowell · · Score: 1

      BSD userland is populated with a ton of GNU apps. Taking just a few examples from my BSD box, the following are all GNU: grep, flex, gcc. On a typical Linux box, on the other hand, there are also a ton of apps that are under BSD-ish licenses: Apache, Perl and most (all?) of CPAN, ... And then there are all the libraries that are LGPL, or software like TeX that has its own idiosyncratic licensing situation. In some cases, you have a BSD app that only runs on BSD, and a GNU app that only runs on Linux (burncd and cdrecord). Only in a relatively small number of cases do we have side-by-side tools, one licensed under GPL and one under a BSD-ish license. (Make and gmake come to mind.)

    20. Re:This explains an email I got by Anonymous Coward · · Score: 0

      Yeah. I am now writing from a Linux machine with no glibc, no GNU tools, and the Linux kernel wasn't compiled with gcc..

      A Finnish Ghost

    21. Re:This explains an email I got by adah · · Score: 1
      The Linux kernel without any tools at all is essentially useless. What's the point of having a running kernel if you don't even have a shell?

      A lot of probably usage:

      • TiVo
      • Smart phone
      • Router
      • Other devices you can imagine...

      Motorola has Linux-based phones. Do they ship with GNU components? I have not a ready answer, but it is quite probable that they don’t. And as a result ‘GNU/’ is not relevant.

      So for me, GNU/Linux is just a way RMS advertises FSF.

    22. Re:This explains an email I got by nla0 · · Score: 1

      cdrecord works on *BSD too.

    23. Re:This explains an email I got by rtb61 · · Score: 1
      The various level of devices also brings to mind the various levels of GPL. GPL2 obviously suits the kernel as it provides the widest level of usability, where as GPL3 will help to protect user freedoms at higher operating system levels and also protect against facetious patent claims stolen from already existing concepts and code.

      The whole story still sounds much of a beat up, mountain out of a mole hill, confrontation where none exists, creative writing rather than news, the fictitious story that GPL3 excludes GPL2.

      Obviously Stallman and Torvalds are looking at GPL from different perspectives, Linus is focused on the kernel and Richard is focused on software beyond the kernel, which inevitably means that GPL has to provide different resolutions to achieve different goals. I have yet to see Linus comment that GPL3 is not suitable for open source software beyond the Linux kernel nor have I read a comment from Richard that Linux kernel has to be GPL3. Not that it stops the creative 'news' sources from trying to make it sound like that (especially the ones getting advertising revenue from the opposition).

      --
      Chaos - everything, everywhere, everywhen
    24. Re:This explains an email I got by leereyno · · Score: 1

      You should have emailed him back and told him to stop whining.

      RMS is a perfect example of what happens when Asperger's syndrome goes untreated. He has NO idea how his words and actions are interpreted by other people. As a result, he creates opposition where none existed. He's really good at pissing off people who might otherwise admire him. I'm a perfect example of this. When he whines about the name that a particular operating system goes by in the real world, it really makes him look like a jackass to me. People are going to call things whatever they want. He can't change defacto naming conventions any more than I can edit the Oxford English Dictionary. Not only that, but it doesn't even matter.

      When Linus first released his kernel, he wanted to call it Freax. Well the guy who ran his FTP server didn't like that name at all and changed the filename back to Linux. People started downloading it and the name obviously stuck. You don't hear Linus going around saying "But you should call it Freax!!" and refusing to be interviewed by anyone who doesn't play along. He doesn't do this because he understands that it doesn't matter. It's like arguing about how many angels can fit on the head of a pin. The code is what matters, not what people call it.

      RMS needs a press agent, a PR person, someone to help him improve how he presents himself and how he chooses his battles.

      Lee

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    25. Re:This explains an email I got by Mr.+Underbridge · · Score: 1

      You're right, of course. Which is why I believe it presumptuous for Stallman to insist that things be called GNU/Linux.

    26. Re:This explains an email I got by Schraegstrichpunkt · · Score: 1

      While your analysis may be the reasonable one, I see no indication from reading Linus' comments that he understands the GPLv3 drafts enough to comment constructively on them. He seems to fancy himself a lawyer, when it is clear that he is not.

  3. Those who write the software have moved on. by Anonymous Coward · · Score: 2, Insightful

    The only people really bickering over the GPLv3 are people like RMS or Eric Raymond, and various journalists. They are people who may have done some development in the past, but today do little but advocate and talk.

    Most of the developers, the people who actually develop the open source software we use on a daily basis, have considered the situation and made a decision. Instead of dealing with the GPLv3, they realize that they can get just as much freedom and benefit by switching to another license. Some will just stick with the GPLv2. Many have wisely chosen to go the BSD or MIT license route. Many have actually gone the BSD or MIT route after seeing how it opens up their project for commercial development, which is often hampered by the GPL.

    After all, it doesn't matter what some open source pundits have to say. For the vast majority of the software out there, they don't hold the copyright on it. And thus they have litle to no say in how it is licensed. The developers, who do get to make such decisions, have already chosen. And at this point, their choice generally hasn't been the GPLv3.

    1. Re:Those who write the software have moved on. by rakshat · · Score: 4, Insightful

      Are u from the future where GPLv3 has already been finalised and there are softwares being licensed under it? If yes will you please tell me if google did build a moon base in 2016?

    2. Re:Those who write the software have moved on. by Anonymous Coward · · Score: 0

      RMS is still the active maintainer of Emacs so your characterization is totally false. But this IS slashdot after all...

    3. Re:Those who write the software have moved on. by Anonymous Coward · · Score: 0

      There's a reason the choice hasn't been GPLv3. GPLv3 isn't out yet.

      Now, it's still an open question as to how many people will use it when it comes out.

    4. Re:Those who write the software have moved on. by andymadigan · · Score: 1

      Or, maybe developers are using the GPL because *they* can still use the code for commercial development but others *can't*. They can give the community the fruits of their labor, and still use the code for commercial purposes. If other companies want to use it, they have to do what you have to do for everything in business: Pay For It. The BSD and MIT licenses just allow others to take your code, use it for whatever they want, extend it and expand it, and they never have to give you the modified code.

      --
      The right to protest the State is more sacred than the State.
    5. Re:Those who write the software have moved on. by Bob+Uhl · · Score: 1
      Many have wisely chosen to go the BSD or MIT license route.

      Wisely? Wisely?!? That's more than a little begging the question: how praytell is a BSD-style license wise? It means that one's code can be incorporated into proprietary software, and that one will not necessarily receive bug fixes or improvements. How is that wise?

      One wonders if this AC is a Microsoft astroturfer...

    6. Re:Those who write the software have moved on. by morgan_greywolf · · Score: 1

      Most of the developers, the people who actually develop the open source software we use on a daily basis, have considered the situation and made a decision. Instead of dealing with the GPLv3, they realize that they can get just as much freedom and benefit by switching to another license. Some will just stick with the GPLv2. Many have wisely chosen to go the BSD or MIT license route. Many have actually gone the BSD or MIT route after seeing how it opens up their project for commercial development, which is often hampered by the GPL.


      Name three major open source projects that have moved to BSD or MIT this year. Personally, I think you are an MSFT astroturfer. MSFT loves open source -- as long as it's BSD, they can throw it into Windows.
    7. Re:Those who write the software have moved on. by ultranova · · Score: 1

      Or, maybe developers are using the GPL because *they* can still use the code for commercial development but others *can't*.

      The others can use the code for commercial purposes. However, if they redistribute the code or binaries made from it, they have to give any changes to the code back under the GPL.

      So Microsoft could make their own Linux distro and sell it for profit, but they would have to make any changes to the code available under GPL, and couldn't stop anyone else from adapting those changes to their own distribution.

      --

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

    8. Re:Those who write the software have moved on. by andymadigan · · Score: 1

      Exactly, Microsoft could make their own, but it would have to be GPL, which means they can't limit redistribution. I can buy one copy and put it on the internet legally. Not really useful if you want to sell it. On the other hand, they could try buying commercial licenses from the author (unlikely to happen in the case of most of the GNU/Linux tools, but assume for the moment they could) thus allowing the author to continue to development, and allowing MS to continue commercial production.

      --
      The right to protest the State is more sacred than the State.
    9. Re:Those who write the software have moved on. by a_quietamerican · · Score: 1

      Sure, but those who didn't modify their GPL license (the way Linus did), may have no control over whether they move to GPL v3. The standard GPL v2 license includes an auto-update clause that automatically upgrades the license to v3 or any other successor license to the GPL. Those projects that didn't change that language are SOL.

    10. Re:Those who write the software have moved on. by just_another_sean · · Score: 2, Interesting

      Well this as quick and dirty an analysis that you can get but I think it illustrates that you may be off by a bit...

      for d in /bin /sbin /usr/bin /usr/sbin; do

      strings $d/* | grep -i Copyright | grep "Free Software" | wc -l

      done

      Results:
      /bin - 48
      /sbin - 5
      /usr/bin - 188
      /usr/sbin - 4

      So... There appears to be quite a few programs on my Debian GNU/Linux system that are still Copyright Free Software Foundation.
      Bet hey, YMMV. Maybe I'm the only one running Debian.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    11. Re:Those who write the software have moved on. by Anonymous Coward · · Score: 0
      If yes will you please tell me if google did build a moon base in 2016?

      Yes they built it, but when I left in 3027 it was still in beta.
    12. Re:Those who write the software have moved on. by Knuckles · · Score: 1

      Why doesn't anyone get this!? The person who uses the software under GPL (to change and/or redistribute) gets to choose the license (v2 or later). If the user prefers v2 he uses that, if he prefers v3 he uses that. Nobody is SOL, there is no automatic license update. Read the fucking license.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    13. Re:Those who write the software have moved on. by anandsr · · Score: 1

      People who write software for commercial development don't write in BSD. They either dual license their code into GPL and proprietory license. Or simply use proprietory license. There is no point in using BSD license for writing commericial code, because it will be used by your competitor. Ofcourse if you want to be a viable competitor to an OSS project then you would love it if it was BSD licensed. Either way BSD sucks. BSD has only one use writing protocols that you want that everybody uses the same stack for interoperability. There maybe a benefit to writing basic processing engines for an application in BSD (eg if Gecko was BSD it would become ubiquitoes very fast). But these uses are only for OSS projects. Writing whole applications in BSD is IMNSHO stupid, particularly for commercial development.

      I don't know which commercial developers you have seen moving towards BSD but they couldn't be very bright.

  4. It seems to be relevant on /. by rakshat · · Score: 0

    GPL 3 stories keep getting posted on /. so at least someone finds it relevant.

  5. From the article by Anonymous Coward · · Score: 2, Funny

    If Torvalds chooses not to go with version 3 for Linux, the Free Software Foundation will become even more irrelevant to the business world of open source.

    So does that mean we call it Linux/GNU then?

    1. Re:From the article by Schraegstrichpunkt · · Score: 1
      So does that mean we call it Linux/GNU then?

      Only if you're running Linux on top of a GNU microkernel or virtualization environment.

      Or do you think IP/TCP and TCP/IP are synonymous?

  6. I tend to go with the Linus Camp. by jellomizer · · Score: 1, Interesting

    You really can't/shouldn't make software/licenes a moral warfare or a means for social reform. When you start using it for such a purpose it will only hurt yourself. People want the freedom to decide how their long and hard hours of work should be distributed. In some cases GPL v2 works fine, other cases the BSD license work. For other cases a closed source license works. They all have their advantages vs. disatavantages that work for and against their needs. GPL 3 is basicly a way to make the midless Stallman followers to be more zealot about the things Stallman disaproves of. People who actually can think for themselves will/should read the licenes and choose the ones they like the best or write their own if there is to manything they really don't want to use. The reasons for GPL is a fairly standard open source license that programmers can use and not have to worry about writting up. But if they make it so Stallman then they just can't use it. There is users freedomes and developers freedom, as a developer I want the freedome to do what I want with my code and decide who should do what with it. If I choose that GNU is good then I will use it, if not then I want an other choice. Stallman is moving CopyLeft to CopyFarLeft.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:I tend to go with the Linus Camp. by 10101001+10101001 · · Score: 5, Insightful
      You really can't/shouldn't make software/licenes a moral warfare or a means for social reform.


      Dare I ask why you can't or shouldn't? The simple fact is, the GPL is doing mostly today what it was designed to do, to give users the freedoms that Stallman set-out to insure existed in GPLed code. To me, the work of GNU has created a moral and social reform in some sense, by making people realize it is possible to run ever increasing sections of one's system on an open and modifiable platform.

      People want the freedom to decide how their long and hard hours of work should be distributed.


      And those people have it. At the same time, users want the freedom to take the work of others and fit it to their needs while at the same time allowing others to benefit from their work.

      GPL 3 is basicly a way to make the midless Stallman followers to be more zealot about the things Stallman disaproves of.


      So, a new license offering more choice is intended to feed mindless zealots? Why with language like that, you must be against the creation of all sorts of new licenses!

      There is users freedomes and developers freedom, as a developer I want the freedome to do what I want with my code and decide who should do what with it.


      If you want to control your users, then the GPL isn't for you. Nor was it ever designed to be. But don't be surprised when this means you can't use the GPL code of others.

      If I choose that GNU is good then I will use it, if not then I want an other choice. Stallman is moving CopyLeft to CopyFarLeft.


      Yea, that bastard Stallman. How dare he write up a new license to further refine his intentions. By God, it's almost as if he's the copyright holder of GNU and as a "developer" wants to decide what others do with his code. Hell, he sounds just like you. The funny thing is, he's interested in furthering user freedom. Clearly anyone who cares about the freedom of the common man is Far Left.
      --
      Eurohacker European paranoia, gun rights, and h
    2. Re:I tend to go with the Linus Camp. by Himring · · Score: 1, Flamebait

      The great unwashed could care less about the GPL -- any version -- and do not even know it exists. People just want things to work. Closed-source works, open-source works, it all works, but, mostly, it's closed-source. It's what people use everyday to do this and that and (to quote RUP) they don't even think about it!!!

      We run a 5000 node shop, spread across the country. After paying for the MS tax we can write anything we need in-house and/or pay contractors to do it well within budget. If you start talking open source, gpl, freedom, blah, blah. MGT will, at best, look at you blinking and at work take you out of business-decision meetings.

      Paying a bit of corporate cash for closed-source is acceptible. I'm not arguing for closed-source mind you. I am pointing out the fact that this stuff only exists in the nether regions of geekdom. Stallman is unknown and no one simply really cares.

      If linux/the gpl/open source/free software is to ever take off it will not be the way it's been handled and done up until now....

      Really, I'm being honest here. Plz think hard before modding me down, and then mod me down if you will....

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    3. Re:I tend to go with the Linus Camp. by Aladrin · · Score: 1, Flamebait

      And if the GPL is about 'Freedom' then why does it restrict me more than the BSD license?

      The answer is: It's not. It's about making everyone believe in his Communist propaganda. (Not using that as a curse word, it accurately describes the GPL. 'Everyone is equal and we will force you to be equal. To use our software, you must admit that equality and release your own goods that force others to admit that equality.')

      The LGPL is less evil... Interesting how that works. Replace 'GPL' with 'Evil' and you get Lesser Evil. Hmm. It at least allows others to use the software in theirs without virally infecting its license.

      BSD is what I chose recently when I decided to start my first open source project. The pack-rat programmer in me keeps screaming 'Mine mine! They can't use it, it's MINE!' but then I stop and release it a bit. I'm going to give it away for free anyhow. I am simply going to get it to the point that I"m happy with it, then release it under the BSD license. If someone decides they can make it better, so be it! I"ll still have my code 'untainted' by their thoughts and ideas, and I'll (probably) have theirs, too. I don't feel the need to force them to release it under the same license. (I would prefer it, but I don't require it.) And if someone else thinks they can do better yet, they'll always at least have my code to fall back on.

      There's been MANY projects I've looked at and decided not to use because they were GPL and I was afraid they'd infect my work. (Through a technicality or something I didn't understand in that crazy license.)

      Now the GPL v3 is even worse. They are trying to restrict what hardware I can use the software on. Don't we scream at Microsoft for that kind of thing?

      I'm actually kind of glad v3 exists. It made me take another look at the GPL v2 and see how restrictive it is. Last year, for the same project, I might have chosen that license.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    4. Re:I tend to go with the Linus Camp. by Anonymous Coward · · Score: 0

      And if the GPL is about 'Freedom' then why does it restrict me more than the BSD license?

      The BSD license and GPL both aim for increasing "freedom". They use different means (GPL focusses on the freedom of the knowledge/code and via that on freedom at large, BSD on creator's individualism and individual freedoms and via that on freedom at large), but there's no inherent difference (except possibly in the arguments used by zealots on either side to deride the other side).

    5. Re:I tend to go with the Linus Camp. by Anonymous Coward · · Score: 0

      to quote some more misses:

      this is /., no intellectual in sight, therefore no property.

      *no* version of the GPL requires you to give away your modified sources *unless* you distribute them. So don't complain about your hard word while ignoring the hard work of untold others.

      I don't see any moral battle from RMS, just misquotes/misrepresentations. While I am mostly in the Linus Camp, I *really* don't like the idea of DRM nor the patentability of ideas. What (I think) the GPL v3 says about that is 1. play fair (don't pretend you let me modify stuff, and then refuse to run it), and 2. you cannot use our stuff *and* sue us over patents. Choose 1.

      IANAL, so my interpretation might be wrong. As it stands I think it is a reasonable (attempt at) defense against 'defensive' patents. You know, the kind that slumbers along for a decade or so, and then takes everything away from you when it's worth the trouble.

    6. Re:I tend to go with the Linus Camp. by Bob9113 · · Score: 1

      You really can't/shouldn't make software/licenes a moral warfare or a means for social reform.

      I think you are about to contradict yourself.

      People want the freedom to decide how their long and hard hours of work should be distributed.

      Precisely. Assuming you support the current state of copyright, the terms of redistribution should be the creator's choice. But that seems to contradict your statement above, that some licenses should not be used.

      Interesting - the first was an emotional appeal using polarizing terms like "moral warfare" and "social reform". The second statement is a more rational statement about the rights of the creator. The first, the emotional appeal, is clearly in opposition to GPL 3. The latter, the rational position, is in favor of it. I wonder if this pattern will hold throughout your post...

      GPL 3 is basicly a way to make the midless Stallman followers to be more zealot about the things Stallman disaproves of.

      Emotional appeal. Opposed to GPL 3.

      As an aside, GPL 3 is an option between BSD and proprietary (and between GPL 2 and proprietary). Proprietary allows zero redistribution, and so implicitly includes all the restrictions of GPL 3. You cannot take MS Windows and redistribute it for use in a DRM system any more than you can GPL 3 software. Redistribution is the only thing covered by GPL. It is the only thing that can be covered, because it uses the same copyright laws that proprietary uses.

      People who actually can think for themselves will/should read the licenes and choose the ones they like the best or write their own if there is to manything they really don't want to use.

      While there is an emotional element in here, the core statement, "People should read the licenses and choose the ones they like the best..." is a rational statement. And it supports the existence of GPL 3.

      The reasons for GPL is a fairly standard open source license that programmers can use and not have to worry about writting up.

      Another rational statement that supports GPL 3.

      But if they make it so Stallman then they just can't use it.

      Another emotional appeal, and once again opposed to GPL 3.

      as a developer I want the freedome to do what I want with my code and decide who should do what with it.

      Again a rational statement of the rights that you feel should be granted to the creator. And again, it supports the existence of GPL 3.

      If I choose that GNU is good then I will use it, if not then I want an other choice.

      And again, rational statement, in support of GPL 3.

      Stallman is moving CopyLeft to CopyFarLeft.

      And finally back to emotional appeal with the polarizing term, "FarLeft." To my utter surprise, it is opposed to GPL 3.

      Every rational statement in your post supports the existence of GPL 3 and the right of the creator to decide whether to use it. All your statements in opposition are emotional appeals using polarizing terms. You're halfway to the world of science (which is a damned site better than most of the people in the world). I believe in you, I think you can make it; drop the emotional polarization and make the jump to fully rational. We need more good people like you.

    7. Re:I tend to go with the Linus Camp. by PietjeJantje · · Score: 0, Troll
      "Dare I ask why you can't or shouldn't? The simple fact is, the GPL is doing mostly today what it was designed to do, to give users the freedoms that Stallman set-out to insure existed in GPLed code. To me, the work of GNU has created a moral and social reform in some sense, by making people realize it is possible to run ever increasing sections of one's system on an open and modifiable platform"

      Well hallelujah, that seems to come straight out of the GPL Bullsh!t Marketeze Generator. I mean, like "to give users the freedoms that Stallman set-out to insure existed in GPLed code" and "to run ever increasing sections of one's system on an open and modifiable platform", that's nice but not very specific, so dare I ask -you-, how does for example FreeBSD not do this? Does it restrict freedoms? Is it not open and modifiable? I name this OS because it uses the simplest of licences at the opposite end of the spectrum and does exactly what you just vaguely mentioned. The only thing I can come up with is that you cannot close it and redistribute under the GPL, so if you have any numbers on the equation of how many more contributions that deliveres minus the potential contributors one loses, I'd be grateful.

    8. Re:I tend to go with the Linus Camp. by Sr.+Zezinho · · Score: 1

      You really can't/shouldn't make software/licenes a moral warfare or a means for social reform.

      If I write the software I can license it anyway I please (such as "this software can only be used by politheists").

      For you there is no need of a GPL v3, v2 is enough. I don't have any problem with using the v2 software you wrote.

      But for me v2 is not enough. I want a license that protects my software from being subverted by DRM. I can write my own license, but it would be nice if the FSF provides me one. What is your problem with that?

      --
      os trabalhos e os dias: http://zmoreira.net
    9. Re:I tend to go with the Linus Camp. by Anonymous Coward · · Score: 0
      And if the GPL is about 'Freedom' then why does it restrict me more than the BSD license?
      So you can't restrict everyone else, you are not the center of the universe and the GPL reflects that.
    10. Re:I tend to go with the Linus Camp. by 10101001+10101001 · · Score: 1
      Well hallelujah, that seems to come straight out of the GPL Bullsh!t Marketeze Generator. I mean, like "to give users the freedoms that Stallman set-out to insure existed in GPLed code" and "to run ever increasing sections of one's system on an open and modifiable platform", that's nice but not very specific, so dare I ask -you-, how does for example FreeBSD not do this? Does it restrict freedoms? Is it not open and modifiable? I name this OS because it uses the simplest of licences at the opposite end of the spectrum and does exactly what you just vaguely mentioned. The only thing I can come up with is that you cannot close it and redistribute under the GPL, so if you have any numbers on the equation of how many more contributions that deliveres minus the potential contributors one loses, I'd be grateful.


      If you'll notice, the original statement was about it being foolish to use a license/software to push a moral war and social reform. And clearly it's not. Why? Because before the GPL, was there any license *like* the GPL? The BSD license can hardly be said to be an original invention. And there's certainly tons of projects under BSD and BSD-like licenses. But at the same time, the GPL has spawned various derivative versions as well. And while many have their minor quirks that make them incompatable with each other, they all share one thing: giving freedom to the end user. Not just the first end user. Not just the second. Every end user. The GPL started a social reform known as the free software movement (ironically called the open software movement). And it harkened back to the days of share and share-alike, to the same sort of morality that says no person has a right to stop others from receiving something, altering it, and giving it to others; the GPL merely extended the idea to copyrighted works.

      So, yes, FreeBSD exists. Its install base is quite healthy. And its users are apparently quite happy with the social network and morality that it encourages. But can you honestly say that the Linux, GNU, GNOME, et al communities don't exist now or that if there was no GPL they would still exist anywhere near their large healthy forms? The moral war and the social reform is ongoing. Not everyone will necessarily switch (undoubtedly many won't, as is demonstrated by people like Linus who seem only interested in open source so long as it's directly good to them). But that doesn't mean that the fight couldn't or shouldn't happen. It obviously is. And the only real arguments why it shouldn't are based in opinions, many on the moral evil of the GPL (some more economic); it's the sort of thing that makes it ironic when people say licenses shouldn't be about moral warfare, yet they seem willing to engage in it.
      --
      Eurohacker European paranoia, gun rights, and h
    11. Re:I tend to go with the Linus Camp. by MooUK · · Score: 1

      You do have the freedom to decide what you do with your code - but someone else has the freedom to impose conditions on their own code, including forcing any derivatives of THEIR code to be licensed in a certain way. If you don't like the restrictions that gives you, don't use their code.

      Exactly as you say people should be able to do - THEY CAN!

    12. Re:I tend to go with the Linus Camp. by PietjeJantje · · Score: 2, Insightful
      "And while many have their minor quirks that make them incompatable with each other, they all share one thing: giving freedom to the end user."

      No. BSD is about giving freedom to the end user. GPL about paying a price to the "creator" who calls that "freedom". BSD is end-user oriented, GPL developer oriented. It's about getting back stuff. You got it exactly the other way round. If I hand you a gift and then limit what you can do with it because I want stuff back, it's not giving total freedom. If I hand you a gift, limit what you can do with it, and call it total freedom, while at the same time creating the illusion that licenses that do give total freedom are in fact lesser in that department, then I think I just explained why so many don't like the GPL. I don't mind the GPL that it wants to control its users for the developers purposes. But it ain't freedom. I see an anagoly with freedom of speech. Real freedom of software is were you even defend that freedom even if some people do something with it that you don't like or agree with, like closing enhancements and selling it.

    13. Re:I tend to go with the Linus Camp. by 10101001+10101001 · · Score: 1
      No. BSD is about giving freedom to the end user. GPL about paying a price to the "creator" who calls that "freedom". BSD is end-user oriented, GPL developer oriented.


      BSD is about giving freedom to the end user to do what exactly, develop? GPL gives freedom to developers who are what, end users? There isn't a clear separation between the developers and end-users as you'd like to believe.

      If I hand you a gift and then limit what you can do with it because I want stuff back, it's not giving total freedom.


      Exactly. And the BSD allows that. :) After all, BSD code can be relicensed under the GPL. It's only so long as it retains the BSD license that one has "total" freedom. But the second one exercises that freedom, everyone else down the line loses that "total" freedom. The GPL is a compromise that tries to make it so people down the line can't further restrict what can be done to the code. The real answer, of course, is to banish copyright. But neither the BSD nor GPL really attempt to achieve that effect (and for the GPL it'd be as simple as removing the source redistribution requirement and possibly making reverse engineering legal again, even in the case of copy protection schemes), since that'd really be the ultimate freedom; you do realize that copyright is an unnecessary governmental interference, right?

      Real freedom of software is were you even defend that freedom even if some people do something with it that you don't like or agree with, like closing enhancements and selling it.


      Real freedom is when they sell to you that closed enhancements, you're able to sell the same thing to others because there's no law stopping you. The GPL is much closer to that theory. But really, trying to claim the BSD or GPL are "ultimate freedom" is a ludicrous argument. Instead, each are an attempt at their own vision of some subset type of freedom.
      --
      Eurohacker European paranoia, gun rights, and h
    14. Re:I tend to go with the Linus Camp. by PietjeJantje · · Score: 1
      "But really, trying to claim the BSD or GPL are "ultimate freedom" is a ludicrous argument. Instead, each are an attempt at their own vision of some subset type of freedom."

      People choose BSD/MIT exactly to avoid the kind of self-serving yada yada that prevails under GPL users. They want to code and give, not restrict and spin doctor it into "freedom", or "subsets" of it if you will, and then make other licenses look like part of the game, with their own delusions. BSD/MIT = Do with it what you want, no restrictions. That is to all intends and purposes ultimate freedom to the user, even to abuse it in terms that the GPL forbids to, as it redefined freedom, protect the "freedom" of the developers/cummunity, yada yada (translate: Stallman must be able to knock on your door and request your code). If you redefine freedom that way, yes, then indeed you can meta-wisely call the original freedom a subset of freedom, and have endless arguments. That is a shame, because it produces no code and creates an enormous amount of barriers between open source projects wishing to use eachothers code, to a point where clearly more damage is done than any yada yada can talk right.

    15. Re:I tend to go with the Linus Camp. by Anonymous Coward · · Score: 0

      No. BSD is about giving freedom to the end user.

      How to I get those freedoms? This machine has lots of BSD software on it, Copyright the University of California (or wherever) and all, but somehow another line appears before that copyright: All Rights Reserved, Microsoft Corporation. So, how do I (the end user) gain those freedoms?

      The BSD license is not about giving freedoms to the end user. In theory it might be, but practically it is about allowing corporations to take freedoms away from the end user.

    16. Re:I tend to go with the Linus Camp. by Alsee · · Score: 1

      I think you are missunderstanding or misrepresenting the GPLv3 issues.

      As you indicate, people should have freedom to decide how their long and hard hours of work should be distributed. People who choose the GPL expect the GPL to actually work. the original intent and operation of the GPL was that:
      (1) If you take MY CODE and MY WORK and modify it and redistribute it back to me (or anyone else), that you MUST pass back to me (and anyone else) the legal right to remodify and redistribute MY OWN DAMN CODE.

      (2) If you distribute an executable form of MY CODE, that you MUST include the full source code that you used to create that executable.

      Do you dispute or disagree with ether of those points?

      Well point (1), when the GPL was originally written, that meant passing along the needed copyrights and needed patent rights. But the law has changed, and in order to PRESERVE to operation of the GPL, the GPLv3 must reflect that new law. In particular that means you must pass along the copyright permissions needed to legally modify and redistribute that code, the patent permission to modify and redistriute that code, PLUS the new DMCA/EUCD permissions to modify and redistribute that code. If you want to use MY GPL'd work, you are only permitted to do so under the condition that you not turn around and SUE ME under copyright law or the DMCA or anything else if I remodify and redistribute my own damn program. And implicitly, that is going to happen to cover any modification or removal of any DRM that you put in that code.

      That's not some new anti-DRM crusade. That is a simple result of DRM enforcement being based on the idea of prohibiting modifications, and the very essence of the GPL is to authorize modifications. Your permission to use the code was conditional on you to waiving the right to sue on teh same terms. You can put DRM code in someone else's GPL code and redistribute it, but you have waived the right to sue to prohibit modifcatiosn. You can put DRM in GPL code, but if you do you just can't VIOLATE the GPL in some attempt to enfoce that DRM.

      And point (2), that you must supply complete source, that simply addesses what may or may not be a loophole in the original GPL. If you take and modify someone else's GPL code, and then want to redistribute their work in executable form, you must offer the COMPLETE source that you (or anyone else) need to create that executable. If that executable has some special embedded signature code, then you must pass along the full source you used to create that executable complete with that embedded signature. You must pass alone that source code, including any crypto key code that you needed in order to compilile that executable.

      Again, that's not some new anti-DRM crusade. That is simply addressing a potential loophole that may or may not exist in the original GPL. That is you create and distribute an executable, you must offer the full code needed to modify and compile it. You can attempt to apply DRM to someone else's GPL code, but you cannot VIOLATE the GPL by supplying deliberately incomplete source to that executable. If your DRM scheme is to use some crypto code key to add a signature during the compilation of the executable, fine. But you are still obligated to include the full code for the executable - including that key code. You can try to put DRM on GPL code, but using GPL terms ment accepting the obligation to pass on the source needed to modify or remove or defeat that DRM.

      The GPL means passing on the right and ability to modify.
      DRM is about attempting to deny the right and/or ability to modify.

      The fundamental natures are exact opposites. Like oil and water, DRM and teh GPL just don't combine. Oh well.

      The only "problem" here is that the usual avenues to try to enforce DRM do not exist when you pass on the right and ability to modify. That some people would like to use other people's GPL code, and they find that the operation of the GPL leaves them with no avenues to try to enforce DRM if they d

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:I tend to go with the Linus Camp. by Schraegstrichpunkt · · Score: 1
      If you'll notice, the original statement was about it being foolish to use a license/software to push a moral war and social reform. And clearly it's not. Why? Because before the GPL, was there any license *like* the GPL?

      Makes me wonder... would the "obnoxious" BSD adversiting clause have been waived if it weren't for RMS and the GPL?

    18. Re:I tend to go with the Linus Camp. by Schraegstrichpunkt · · Score: 1

      [Sigh. I didn't close my <blockquote>, and I made spelling mistakes. I meant to write this:]

      If you'll notice, the original statement was about it being foolish to use a license/software to push a moral war and social reform. And clearly it's not. Why? Because before the GPL, was there any license *like* the GPL?

      Makes me wonder... would the "obnoxious" BSD advertising clause have been waived if it weren't for RMS and the GNU project?

    19. Re:I tend to go with the Linus Camp. by crosbie · · Score: 1

      Excellent eloquence.

  7. It will be good enough by virtuald · · Score: 3, Insightful

    I think that the reason the GPL has been so popular is because it served the needs of the developers that used it. I think that everyone involved in the GPLv3 process is going to recognize that they need to put the needs of the community first, and in the end -- everyone is going to be mostly happy.

    Or nobody will use it. :)

    1. Re:It will be good enough by byolinux · · Score: 1

      Lots of people will use it the day it comes out as an awful lot of software under GPLv2 automatically uses GPLv3 :)

    2. Re:It will be good enough by Ruie · · Score: 4, Insightful
      The impetus to make a profit (and its associated compromises) isn't sitting well with true believers in free software.

      This has nothing to do with not letting someone else make a profit and has all to do with not letting someone else lock you into some restricted platform and extort all they can get away with.

      In response to grandparent, GPLv3 will become very relevant when you see some scum mass produce a $150 computer with GNU/Linux that is cryptographically locked and then sell $10 "extension" cartridges with popular free software, in the same way that Sony locks its gaming consoles.

      GPL is about freedom to modify and share code and DRM implementations take away your ability to modify your software.

    3. Re:It will be good enough by RingDev · · Score: 1
      you realise that this:
      ...GPL has been so popular is because it served the needs of the developers that used it.
      and this:
      ...everyone involved in the GPLv3 process is going to recognize that they need to put the needs of the community first

      are likely often to be exclusive. The problem with trying to force freedom onto people is that one person's freedom means another person's limitation. In this case, you are taking freedoms from the developers and giving it to the community. That's great for the community, but not so great for the developer. And seeing as how the developer(or producer) is the one that selects the license, I don't see this as an easy sell.

      The market will balance the demand. The ability to chose closed source, open source, and from the wide assortment of available licenses is the true freedom we should all be fighting for. Not this "my way or the highway" mentality of which OS license is best.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    4. Re:It will be good enough by fbjon · · Score: 1

      No, the user will have the option to follow either version. Nobody is being forced into anything.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    5. Re:It will be good enough by Znork · · Score: 2, Insightful

      "And seeing as how the developer(or producer) is the one that selects the license, I don't see this as an easy sell."

      You're missing the fact that the developers selecting the license are not the same developers that get limited by the license.

      The original developer putting something under the GPL essentially makes a protected donation to the community in question, with the explicit intention of preventing free riders (or they'd put their code under BSD or similar license). That the GPL v3 strengthens the anti-free rider provisions is entirely within the interests of those developers, even tho it may annoy (altho it shouldnt surprise) those who are currently intentionally abusing loopholes in version 2.

    6. Re:It will be good enough by Anonymous+Brave+Guy · · Score: 1

      In response to grandparent, GPLv3 will become very relevant when you see some scum mass produce a $150 computer with GNU/Linux that is cryptographically locked and then sell $10 "extension" cartridges with popular free software, in the same way that Sony locks its gaming consoles.

      Really? Or will someone else just come along and offer the same thing without the lock-in, since the chances are pretty much all of the code will be available freely-as-in-GPL anyway? What competitive advantage will the "mass-producing scum" have to prevent this?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:It will be good enough by suggsjc · · Score: 1
      ...when you see some scum mass produce a $150 computer with GNU/Linux that is cryptographically locked and then sell $10 "extension" cartridges with popular free software, in the same way that Sony locks its gaming consoles.

      What about when that scum sells that computer at a loss (ie. it costs $250+ to manufacture). Or what if they just give it away?

      This probably isn't a far-fetched case. So is taking a loss on hardware to recoup your money on software evil?

      Reminds me of the cheap monthly fee for a computer program... Which granted could end up costing the users more money in the long run, and will make a profit for the implementor, but it defers the initial cost for those that couldn't afford it. So, just because it doesn't work for YOU or YOU don't see it as beneficial doesn't mean that it will be the case for everyone.
      --
      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.
    8. Re:It will be good enough by Ruie · · Score: 1
      What about when that scum sells that computer at a loss (ie. it costs $250+ to manufacture). Or what if they just give it away?

      This probably isn't a far-fetched case. So is taking a loss on hardware to recoup your money on software evil?

      I am glad you see my point.

      What GPL does is break down the barriers separating passive users that push on buttons from active contributors to free software community. A person pushing buttons and thinking "I wish this worked slightly differently" can decide to open up the source file, make a change and try it out. The free availability of development tools and source code have seen to that.

      What lock-in does is remove that choice from the user - and why exactly should the open source developer be interested in that ? They get no compensation from the distributor, they cannot sell support because the software does not allow patches to be applied and they don't get contributions back from users of locked-in platform.

      Lock-in via DRM software is a way for an unscrupulous person to put a tax on the network effect that have lead to the success of free software.

    9. Re:It will be good enough by Blakey+Rat · · Score: 1

      In response to grandparent, GPLv3 will become very relevant when you see some scum mass produce a $150 computer with GNU/Linux that is cryptographically locked and then sell $10 "extension" cartridges with popular free software, in the same way that Sony locks its gaming consoles.

      When that happens (if, in fact, it ever does, but I doubt), just don't buy the damned computer. That's Linus' position. The company will go out of business, and all the foaming mouth OSS zealots will be happy for another week.

      On the other hand, if the company making the computer sells a bunch and has lots of happy customers-- great! They're making money, your software is getting exposure, it gives more choice to users, and people are all-around winners. If those people want to modify the software, they're still free to do that, they just have to buy another computer to run it on.

    10. Re:It will be good enough by byolinux · · Score: 1

      I never said anyone would be forced, but what's to stop a distro maker on Day One saying 'Everything that could be, is now under GPLv3'?

      Can't go back, only forwards.

    11. Re:It will be good enough by fbjon · · Score: 1

      The distro maker usually does not have permission to change other people's licenses, only the authors themselves. The distro itself can be GPLv3 of course (install scripts, tweaks), but that's not the same as the bundled software. Any patches to bundled software needs to follow the software's own license, of course.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    12. Re:It will be good enough by mmurphy000 · · Score: 1
      If those people want to modify the software, they're still free to do that, they just have to buy another computer to run it on.

      Assuming that's possible. It might not be.

      Take the quintessential TiVo example. TiVo runs GPL software, but you can't put modified versions of said software on the device and have it run. Your answer, in this scenario, translates to: "buy another TiVo-compatible device to run it on". The problem is, almost by definition, there is no such thing as a TiVo-compatible device that won't suffer from this problem. You certainly can't buy one today. I doubt TiVo will license manufacturers to create a GPL-friendly TiVo. There's probably some proprietary hardware in there that would prevent building one from scratch.

      The only way, then, to run a modified TiVo binary is to modify enough of the TiVo to effectively replace the "is this a legal binary?" check. Since that check could be in hardware, it could be effectively impossible to do that, either.

      The same logic holds true for Trusted Computing-type systems, or anything else that says "is this a legal binary?". So, while your "go run it somewhere else" argument holds true for multi-purpose computers, like a PC, it fails with devices designed to be single-purpose, or even only-the-purposes-we-want. It's that scenario that the GPL3 is trying to address.

    13. Re:It will be good enough by Ruie · · Score: 1
      When that happens (if, in fact, it ever does, but I doubt), just don't buy the damned computer. That's Linus' position. The company will go out of business, and all the foaming mouth OSS zealots will be happy for another week.

      On the other hand, if the company making the computer sells a bunch and has lots of happy customers-- great! They're making money, your software is getting exposure, it gives more choice to users, and people are all-around winners. If those people want to modify the software, they're still free to do that, they just have to buy another computer to run it on.

      Unfortunately, it does not work like this anymore - if it ever did.

      The world is global and business is getting increasingly efficient at monopolizing entire markets, let alone niche products.

      This is a natural thing - as the technology progresses the lifetimes of the individual products are shrinking. It is not efficient to build a lasting business on new products which are not likely to be in use in 10 years. Rather, a common strategy is to achieve an established position in the market as fast as possible and then exchange it for capital - usually through sale of the company. The acquirer often specializes in maximizing short-term profit from established market.

      A company with a DRM locked-in computer will attract more capital in the market due to perceived solidity of their "intellectual" property - as opposed to the company that plays by the rules and sells unlocked computers. This extra capital can be used in a number of ways to squeeze out competitors - for example by launching frivolous lawsuits.

      In other words, if you give a freebee (in the form of not enforcing spirit of GPL) to those that tend to abuse it one should not be surprised that they win.

    14. Re:It will be good enough by Anonymous Coward · · Score: 0

      On the other hand, if the company making the computer sells a bunch and has lots of happy customers-- great! They're making money, your software is getting exposure, it gives more choice to users, and people are all-around winners.

      That's well and good if your purpose for choosing GPLv2 was just to get exposure. Of course, you could also do that a BSD-style license.

      OTOH, if your purpose is to get exposure, put out solid software for public use, AND get compensated for private use by dual-licensing, then GPL is the way to go. And if that has always been your purpose for writing OSS, then Tivo-type lockdown should be pissing you off because Tivo ought to be paying you for the privilege of using your code on their locked hardware.

    15. Re:It will be good enough by byolinux · · Score: 1

      No, the software is under GPLv2 or any later version. They could simply take the software, say it's under GPLv3 and distribute it under those terms and that license AFAIK.

    16. Re:It will be good enough by anandsr · · Score: 1

      The problem is that they will not be able to provide $150 computer. So the former will be able to dupe many people, into selling.
      Also just consider that Sony will start using Linux in their gaming console without paying anything back. How do you know that the device drivers that will be included in their linux source will actually work. They may just be sending some random commands, at all not like the ones required for the device. You will not be able to check it because this device will only be found in their system and their system will not allow you to run any other code other than their code.

      I don't know why people want to go back to the days of look but don't touch hardware. Before it was the PC (As in proprietory OS's like windows), but PC is not going to be relevent in the future. It will be the Tivo's and the ipods (ie very small specific hardware) that will rule the future.

  8. Extremism leads to nothing by Anonymous Coward · · Score: 2, Interesting

    While there is nothing wrong with being idealic and passionate about the things you believe in it is very important to keep an open mind and make sure you're not driving things into extreme world of total unrealism. And that is exactly what is happening here in my opinion.

    While the ideal to have a "free" world filled with people who share their work no matter the cost may sound very appealing, so does the world of Utopia or paradise. In the real world this isn't going to happen, not in the amounts these people are talking about. And why should we try to force this freedom onto people and as such deny them their right to do what they want to do? What is this all about anyway, the good of the IT world or the fame and glory of the people trying to push this shiney freedom onto us, no matter how we may feel about it?

    Fact remains that there are still people making money from selling software. Just like there are now also many people and companies who see the advantages of giving their software away and by doing so seeing their userbase expand ten/hundred/thousand -fold. Who are we to tell them what to do when they wish to use our software? Isn't that exactly what started all this; the imense EULA's and the likes where you basicly hand over everything and right but the kitchen sink to the publisher? Now I sorta see the same thing happening, but in the other sense of the word.

    If it wasn't for fanatism like this then several "non-free" programs would have made it into the several Linux distributions by long now, thus increasing the functionality of the whole product tenfold. And even now, when many people download these programs first thing after installing a Linux distribution do we still have people around who whine "No, we can't distribute that with the distribution because it would be tainted". As asked before; what is this about anyway? To share the enjoyment and pleasure one could have with running and using a Linux distribution or to promote / enforce ones own personal idealism onto other people no matter what?

    Issues like these really show IMO that while Linux is a very nice environment the whole steering and administration around it is still very fragile.

    1. Re:Extremism leads to nothing by mustafap · · Score: 1, Flamebait


      I think if Richard had children and the demands of feeding and housing a family he might have somewhat different views. I'm certainly far less left leaning that when I was in academia.

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    2. Re:Extremism leads to nothing by Anonymous Coward · · Score: 0

      It is certainly true that difficulty makes many people abandon their principles.

    3. Re:Extremism leads to nothing by mustafap · · Score: 1

      I wouldn't classify having a family as a difficulty :o)
      I'd rather think of it as growing up.

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    4. Re:Extremism leads to nothing by Anonymous Coward · · Score: 0

      While there is nothing wrong with being idealic and passionate about the things you believe in it is very important to keep an open mind and make sure you're not driving things into extreme world of total unrealism. And that is exactly what is happening here in my opinion.

      While the ideal to have a "free" country filled with people who are not taxed without representation sound very appealing, so does the world of Utopia or paradise. In the real world this isn't going to happen, not in the amounts these people are talking about. And why should we try to force this freedom onto people and as such deny them their right to do what they want to do? What is this all about anyway, the good of the British empire or the fame and glory of the people trying to push this shiney freedom onto us, no matter how we may feel about it?

      Fact remains that there are still people very happy under the british crown. Just like there are now also many people and companies who see the advantages in being free. Who are we to tell them what to do when they wish to do business with us? Isn't that exactly what started all this; the imense taxes and the likes where you basicly hand over everything and right but the kitchen sink to the king? Now I sorta see the same thing happening, but in the other sense of the word.

      If it wasn't for fanatism like this then several governors would have made it their home by long now, thus increasing the wealth of the locals tenfold. And even now, when many people sell apples to the governors they say "Oh Noes, we aren't making money because all our profit is taxed". As asked before; what is this about anyway? To live in peace and harmony under the rule of the King or to force ones own personal idealism onto other people no matter what?

      Issues like these really show IMO that while America is a very nice place the whole steering and administration it is still very fragile.

    5. Re:Extremism leads to nothing by Anonymous Coward · · Score: 0

      I have heard in the past that he has admitted that he has made choices that make him relatively free of material needs, at least compared to mainstream society. I would assume not having a family was one of those choices (if that's really a choice - I'm sure some people simply can't attract a mate.) It does make him more productive though, at least as far as software goes. And it is true that while millions of people are having kids, there is only one who started the free software foundation. So he has made his mark, in his own unique way. Not really a bad thing for society.

    6. Re:Extremism leads to nothing by starseeker · · Score: 1

      It's short term vs. long term thinking - Stallman is thinking far far down the road. Sure we might increase functionality now, but what about ten years down the road when a critical piece of closed source code gets tangled in a lawsuit or thirty years when the company goes out of business and takes the source code with it? Or 150 years down the road when all the original coders are dead? Ideals usually pay off in the long term, not the short term (and sometimes not even to one's personal benefit.) Plus, nothing is being forced on anybody - feel free to go and make your own software, under your own terms. Sell to your heart's content. You just can't use the freely given work of others to do it, and not give something back to them.

      In that view open code is far more critical than short term benefits, and frankly I wish more people would think in those terms (particularly those who are making our energy policies.)

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    7. Re:Extremism leads to nothing by Znork · · Score: 1

      "he might have somewhat different views."

      Doubtful. The IP debate and IP issues are not clear-cut left/right issues, but rather libertarian/free market vs. authoritarian/state intervention issues.

      If you're concerned with feeding and housing a family, consider this: intellectual 'property' has a macroeconomic effect comparable to taxation of the economy. It encourages waste by creating protected sectors and decreases the competetiveness of the economy as a whole.

      Take a care to look at not only the 'income' part of the equation, but also the 'expenses'. IP isnt free; the costs of the system are merely better hidden, but the money paying for it comes from the participants in the economy nonetheless.

    8. Re:Extremism leads to nothing by ultranova · · Score: 1

      Nice classy troll: the text stays almost coherent while still being utter nonsense, and is free from spelling errors. Glad to know there's still professionals around. Keep your tail bushy :).

      While the ideal to have a "free" world filled with people who share their work no matter the cost may sound very appealing, so does the world of Utopia or paradise.

      I was unaware that there was any cost to sharing my work. Please tell me, to whom do I have to pay for this privilege and how much ?

      In the real world this isn't going to happen, not in the amounts these people are talking about.

      In the real world, Free Open Sourced Software is used daily by millions and the usage is growing. Therefore observed reality seems to contradict your claim.

      And why should we try to force this freedom onto people and as such deny them their right to do what they want to do?

      I was unaware that someone was forcing people to use the GPL. I did know there are several benefits for using it, such as access to GPL-licensed libraries, but that is hardly coercion.

      Tell me, who is this dastardly villain who flaps in the night and holds the gun to the developers head, forcing him to license his code under the GPL, despite it not being based on or containing any GPL-licensed code he does not have any permission besides the GPL itself to use ?

      Who are we to tell them what to do when they wish to use our software?

      The GPL specifically states that it doesn't cover the usage of the software, so your question is nonsensical. The GPL only covers the redistribution of GPL-licensed software, as is, in altered form, or as a part of any other product. And who is the copyright holder of the GPL-licensed code to tell who can redistribute his code and under what circumstances ? Why, he's the copyright holder, of course.

      Now, one might argue that the whole copyright system should be done away with, and I'm all for it, since it would mean that I could finally get open sourced drivers for my NVidia video card. But until it happens, the copyright holder is the copyright holder, and has the right under law to forbid or allow redistribution as he sees fit.

      Isn't that exactly what started all this; the imense EULA's and the likes where you basicly hand over everything and right but the kitchen sink to the publisher? Now I sorta see the same thing happening, but in the other sense of the word.

      What other sense of what word ?

      If it wasn't for fanatism like this then several "non-free" programs would have made it into the several Linux distributions by long now, thus increasing the functionality of the whole product tenfold. And even now, when many people download these programs first thing after installing a Linux distribution do we still have people around who whine "No, we can't distribute that with the distribution because it would be tainted".

      Actually, the GPL doesn't forbid including proprietary programs in the same disk as GPL'd programs, as long as they don't form a single program. What's stopping this from happening is that most proprietary programs have licenses that forbid redistribution, so the Linux vendors are forbidden - by the proprietary program's copyright holder - to add the proprietary program to their distribution.

      Do not blame the GPL for something it has nothing to do with.

      --

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

    9. Re:Extremism leads to nothing by Anonymous Coward · · Score: 0
      ... if Richard had children ...

      Hey, would you like to meet my kids?: Here's GNU/Billy, GNU/Sally, and the twins GNU/Hugh & GNU/Lou.

    10. Re:Extremism leads to nothing by mustafap · · Score: 1

      I'm curious to know why my opinion should be considered flamebait - or is saying anything less than positive about RMS a sin these days?

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    11. Re:Extremism leads to nothing by Anonymous Coward · · Score: 0

      I agree with this person completely. The largest reason I see why Linux is NOT being chosen and adapted is because of lack of commercial software for it. I think Linspire with their "click and run" model is the most advanced, in terms of a long term strategy for the life of an operating system far superior to windows. Mac has been doing it, and they are still doing it, and they also have a superior operating system. I bet they will continue to do it.

      People have to sit back and relax, and think in layers.
      First, you buy your hardware. It's not free.
      Then you buy your operating system. Your time to download it, your 25 cent CD, and your time to install it, are all not free, just less than driving to a store to buy an operating system off the shelf.
      Then you download or buy the programs and games that you need and want to enjoy.
      It's that simple.

      Being a programmer myself, I think that programmers who really contribute innovative and ground-breaking NEW source code should be paid fairly for their work. If I worked for Ubuntu, for example, and my boss said "no salary for you because our software is free" then I would say to him "OK, I'll take the job. As long as it is free, how about making my living quarters free, my groceries all free, and my vehicle and fuel free too?"
      There's got to be a balance somewhere, sometime. People need to stop sensationalizing "free" software. If someone labours and then decides to give you his software for free, you then have the choice to accept his terms. If his terms are GNU and you want to make money off his source code, then simply say "no thank you". On the other hand, if you pay for source code with the intent of making money yourself, and the seller agrees, then it's a win win.

      So this is my point. Sit back, relax, keep it true, keep it real. Software is the creation and distribution of something of value. It's not a religion. Can everyone please stop wasting your time thinking like it is?

      desnu

    12. Re:Extremism leads to nothing by Anonymous Coward · · Score: 0

      "Extemism in the defense of liberty is no vice!" -- Barry Goldwater

    13. Re:Extremism leads to nothing by anandsr · · Score: 1

      Actually RMS makes enough for his needs and he thinks it is not necessary to steal from others to make a living. That is exactly what the Tivo is trying to do. Tivo is stealing free software to sell its devices. If you prefer to deal with thieves that is your right, but I would prefer that don't steal it from me. If I was using BSD, then I guess I have already given the right to you to use my software. But when I use GPL it is definitely my intention that nobody uses it without giving me the rights that I had with the original software, ie to fix my hardware myself. I should not depend on Tivo to fix their bugs, or to prevent them from adding malicious bugs.

    14. Re:Extremism leads to nothing by mustafap · · Score: 1

      >he thinks it is not necessary to steal from others to make a living.
      >If you prefer to deal with thieves

      And while extremists like yourself hold such polarised views, the majority will never take you seriously.

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
  9. Here's the newsforge article, plus 2 other links by H4x0r+Jim+Duggan · · Score: 5, Informative

    Here's the newsforge story ("Torvalds' comments on GPLv3 committees refuted").

    I blogged about this and added more info about the committees.

    One last think I want to point at is a side-by-side diff with the changes highlighted from draft 1 to draft 2 so everyone can see the responses to the public process that the committees talk about in the Newsforge article.

  10. Slashdot needs FUD to survive? by Anonymous Coward · · Score: 0

    You know, every kind of failing media format (like the restricitve-un-web-2.0-ish slashdot moderation system) use FUD to desperately force peoples attention on them these days.

    The GPL3 is great for all people who want to use it. The rest is free to remove the "following versions" passus from the GPL2 License in their project.

    There, that was easy. Next.

  11. Linux can't be GPL3 (not without a lot of effort) by Anonymous Coward · · Score: 1, Insightful

    Good point here - What people outside the open source community seem to have failed to grasp is that Linux won't be GPL3 ever, no matter what Linus Torvalds thinks about it. The project has never asked any contributor to sign over their contributions to the project as a whole, and most of that code is specifically GPL2, not "GPL2 or later." So to change the license, the project would need to contact each and every contributor and get individual approval for the license change or cut out all code from people unwilling to change it, or that just couldn't be found to be contacted again. This is a Herculean task and something as trivial as this license development is just not important enough. GPL2 already works well, and absent a legal disaster (highly unlikely), there's just no incentive strong enough to change it. So in a very real sense, Linus Torvalds is probably the one major project leader in the community who's views have the least impact on the further development of GPL.

  12. Not Extremist by Morosoph · · Score: 1
  13. GPL 3 is indeed needed by junglee_iitk · · Score: 5, Insightful

    I don't really understand what is the exact problem with GPL 3. If free software means one must be free to alter the software he runs, it was implied that one must be able to alter the software he runs and be able to test it. Unfortunately it was not directly said in GPL 2 and companies were using this fact as a tool to deny others to modify the code and use it. Now it will said in GPL 3.

    I mean, it is like, you are free to say whatever you want but no voice should come out. Of course it should! That is what is meant with freedom!

    And those who say it just brings out good code, well, for me, freedom is not about being good or bad, but being free. The whole GPL was based on the free-software philosophy. If you didn't like the philosophy, you didn't need to adhere to GPL in the first place. If you did, nothing is being changed!

    Btw, nowadays(tm) even Linus is not adding much to the kernel but is more into maintaining it. And the real concern of Linus is that companies contributing to Kernel may panic and stop doing so. What is this RMS vs. Linus?

  14. DRMed hardware by russotto · · Score: 4, Insightful

    I hate to do it, but I have to agree with Stallman on the one actual point of disagreement mentioned in TFA. That is, if a hardware manufacturer releases source for a software product which drives their hardware but the hardware won't actually run modified versions, that's not really "open source" (and certainly not "free software"). That's "look but don't touch".

    1. Re:DRMed hardware by PeterJFraser · · Score: 0

      It depends on what the hardware/software is for. If the device is used to perform a critical function (i.e. drive by wire, hospital equipment, etc) I think at least a certification organization should be able to control over what software can be run.

    2. Re:DRMed hardware by merryberry · · Score: 1

      Preventing any sort of drm is a position that is very unnecessary. It's perfectly reasonable for a hardware or software manufacturer to create products that require specific hardware or software libraries to be installed. Preventing companies from doing that, essentially forcing companies to have products that would have to support a wide variety of h/w or s/w, seems totally unrealistic. Companies should be free to create products that work under specific conditions, and I should be free to take their source code (if it open sourced) and modify their DRMed code to try and make it work under different conditions.

    3. Re:DRMed hardware by weicco · · Score: 1

      But the software IS free if it is released under GPLv2 or GPLv3 or whatever. You are free to modify the code and build it and so on. The hardware isn't free but I really think that is something _software_ license isn't supposed to deal with. If you want free hardware, you are free to build one and then you can run your modified code on it.

      --
      You don't know what you don't know.
    4. Re:DRMed hardware by c · · Score: 1

      ...if a hardware manufacturer releases source for a software product which drives their hardware but the hardware won't actually run modified versions...

      That's not a problem.

      The big problem is if enough hardware manufacturers lock things down like that, then people who actually care about being able to hack/upgrade/brick their purchases won't be able to do what Linus suggests, which is to vote with their wallets.

      In a market free of large, hostile, illegal monopolies, greedy copyright holders, and assorted knee-jerk anti- initiatives, that would be the ideal solution.

      I'm not certain that it's safe to assume that the market will sort things out. I think we're starting to see evidence that the consumer electronics industry is starting to figure out how expensive and difficult it is to lock things down, but we're still pretty far down the wrong path.

      c.

      --
      Log in or piss off.
    5. Re:DRMed hardware by HWguy · · Score: 1

      I am developing hardware that uses embedded linux. While I appreciate everything the GPL has given us -- and as a matter of fact I will release some of my software under the LPGL license -- it makes sense to me why hardware manufacturers wouldn't necessarily embrace GPL v3. They may have some code that they license from others that prevent releasing the source. And a more practical reason is support. Providing support to complex devices in the field is already a huge pain. Having people contact you because the device doesn't work anymore and finding they have loaded some "custom" software on it would make support impossible. What good does an idealistically pure license do if it makes it impossible for companies to make a go at it?

    6. Re:DRMed hardware by zimm0who0net · · Score: 1

      An example here is the TiVo. They use GPL code in the development of their system, but then severly lock down their hardware so that it's nearly impossible to run anything other than the stock system on their machine. Clearly the spirit of Stallman's idea that software should be freely modifiable is violated if the only piece of hardware the software will run on is locked down such that modifications are not possible...

    7. Re:DRMed hardware by Hope+Thelps · · Score: 1
      If the device is used to perform a critical function (i.e. drive by wire, hospital equipment, etc) I think at least a certification organization should be able to control over what software can be run.


      I just don't buy that we need the manufacturer to protect us from a rogue hospital altering the software. The hospital have physical possesion of their medical equipment and are quite capable of negligently altering it, but most of us are willing to assume that they won't do so. Why should we be so terrified of them negligently adjusting the software? Ditto for similar 'critical' equipment.

      Only the hospital the software is actually distributed to is required to be given a copy of the key that lets them alter it. GPL3 doesn't require anyone else to have a copy. If the hospital can't face the responsibility of having the key then they're allowed to destroy it. The manufacturer jsut can't withhold it from them in the first place, that's all.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    8. Re:DRMed hardware by Maru+Dubshinki · · Score: 1

      "Providing support to complex devices in the field is already a huge pain. Having people contact you because the device doesn't work anymore and finding they have loaded some "custom" software on it would make support impossible. What good does an idealistically pure license do if it makes it impossible for companies to make a go at it?"

      If they're tweaking and messing around with the embedded device *that* much, then presumably they are both technically adept and understand that they are voiding the warranty, so to speak. I don't call Microsoft about my embedded device (an Xbox) running Xebian...

      --
      Enquiring minds want to know!
    9. Re:DRMed hardware by Anonymous Coward · · Score: 0

      "essentially forcing companies to have products that would have to support a wide variety of h/w or s/w"

      How is it forcing them to support these things?

      When someone builds a house and sells it to you, the builder is in no way responsible for the quality of the modifications you later make to the house -- yet, you are still free to add rooms and floors to it, and people do this all the time. If the original builder makes a house that magically cannot be modified, it's not because they were worried about providing support for all the people who'd otherwise make modifications. To imply so is entirely false; it's obvious the builder of an "open" house has no responsibility for the owner's future modifications.

    10. Re:DRMed hardware by HWguy · · Score: 1

      This may be true for you and a lot of hackers....but I've had to support complex software in the field and you cannot believe the pain it can be. I truly believe that there would be a significant cost to hardware manufacturers that I see no-one talking about in this debate. I guess I would try to figure out a way to generate a unique signature for my code and get that from the customer. If it wasn't right then no support...

    11. Re:DRMed hardware by a_quietamerican · · Score: 1

      If you've ever worked in customer support, you'd realize how much smarter you are than most people. I know a lot of people with no technical experience at all that thought they could hack their Tivo's without any help. It usually ends up in a disaster...and they all tried calling Tivo to help them fix it afterward.

    12. Re:DRMed hardware by Steeltoe · · Score: 1

      The point of Free Software is to keep the software free. Ie, not being able to be hijacked by corporations to:

      * use it on a webpage without releasing source
      * use it on locked-down hardware that the customer never owns
      * any other loophole that goes against the spirit of the GPL which has historically been abused in the past for GPL v2

      GPL v3 is simply a needed adjustment that is long overdue.

      GPL v3 is not out to disallow DRMed hardware, just as GPL v2 is not against copyright.

      GPL v3 is against hijacking of supposedly Free Software.
      Without GPL v3, the loophole in GPL v2 is only going to get bigger and bigger..

      But I don't know, I just contributed some stuff at the GPL v3 propsals: http://gplv3.fsf.org/comments/gplv3-draft-2.html

      FSF is being VERY UNPRECEDENTED open about this, and is even accepting comments. So this is your chance to change the future via the keyboard...

    13. Re:DRMed hardware by Sloppy · · Score: 2, Informative
      The hardware isn't free but I really think that is something _software_ license isn't supposed to deal with.
      Please read this. Basically, the whole point of the software license is to deal with unfree hardware, such as .. oh, say .. a Xerox printer.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    14. Re:DRMed hardware by anandsr · · Score: 1

      This is wrong. The manufacturer should not withold the key, nor even provide it. They should just make sure in the software that the hospital does not set a easily guessable password. They can deny running the software without setting a key though. But why do we consider the manufacturer above malice. It is only the hospital whose reputation is on the line if the software is tampered with. Why should the manufacturer come into the picture in any way.
      Actually GPL3 forces this way of working, which is a good thing.

  15. GPL is to prevent commercial plundering by mclemenc · · Score: 2, Informative

    I have always thought that the prinicpal practical reason for the GPL (aside from the philosophical reasons of freedom) is that without the safeguards of having to release modified code, a company can use the vast library of GPL software to short-cut their development process and then make profits without having to financially recognise the contribution from the legions of people who have contributed. Like patents and copyright, the GPL is a bargain between contributors in addition to those provided by usual copyright protection - sure you can use this code, but contribute the results back into the pool, if you don't like it fine but develop your own.

    This is why the Tivoisation problem is so difficult, in principal you have the software but you would also require to build new hardware for it run on - the new GPL is an attempt to deal with this but is in my opinion slightly misguided as GPL deals with software abstractions and it would be very difficult to make restrictions restriction on the hardware that abstraction executes on. Hardware is covered by different legislation anyway and no software developer can insist that the designs for the hardware are also released. However, the flipside is that Tivo other projects have gained enormously from the use of GNU/Linux code and should have an obligation back to the contibutors for that commercial advantage.

    1. Re:GPL is to prevent commercial plundering by ergo98 · · Score: 1
      a company can use the vast library of GPL software to short-cut their development process and then make profits without having to financially recognise the contribution from the legions of people who have contributed.

      This sort of pathetic, "if I can't profit then neither can you!" green-with-envy description of GPL motivation is terribly wrong, yet somehow it keeps getting repeated.

      And why target just developers? If Major Corporation replaces all of their desktops with Linux, Open Office, GIMP, and so on, reducing their payments into the software development industry by millions per year, what payback do they have the give? What about the overwhelming majority of open source users who will never contribute back, much less know how to program in the first place?

      In any case, one of the greatest successes of open source, Apache, is basically BSD licensed (a derivative, but it shares most characteristics. Certainly it's less onerous than the GPL). Anyone can "plunder" the code, yet there Apache is, sitting strong, and evolving quickly.
    2. Re:GPL is to prevent commercial plundering by Anonymous Coward · · Score: 0

      And you've always been wrong.

      While BSD or Apache is about developers, the GPL is about is the *end user*. When you release software under the GPL, what you are saying is that anyone can modify, distribute or sale your code, but no one can force the user to:
      - go through him to access his/her data;
      - go through him to improve his software;
      - go through him to get bug/security fixes.

      Now this does indeed make it rather difficult for the shrink wrap software industry to print money (and some will choose the license because of it) but the reason for that is because their chief way to do that are lock-in and upgrade treadmill. But that remains a consequence of the GPL and a certain business model. It never was the GPL's goal.

      The situation since the GPL was written as changed in that new legal tools (namely, software patents and the DMCA) have rendered the GPL circumventable. It is now possible to reuse GPL'd software while denying the user the rights that the original author(s) intended. Therefore an update was inevitable. And I (personally) think v3 is pretty good, and what was expected.

      That doesn't mean that it's somehow the be-all end-all of software licenses. Does it make sense to GPL or LGPL, say, a GUI framework? No (unless you're a for-profit), because its intended target are developers. Any lock-in or denial of what the FSF sees as the user's right will come from the rest of the product. Just BSD it. Would it make sense to LGPL the postgres back-end? Theoretically, yes, as there is room for lock-in. In practice, however, the work after a forking, the difficulty of doing better, the market awareness of the users, and the difficulty of competing with the existing players mean that it's not useful. For the same reason, why is Linux GPL'd anyway? Why is Mono GPL'd? It's not like Microsoft is going to fork it off, is it?

      Now say you'd written a pretty good piece of software for which those reasons don't apply. Say, a better GarageBand. For Windows. Maybe you don't want your users to be locked in a derivative because some clown changed the file format and got it reviewed in a magazine? Maybe you don't fancy musicians having to sign off the right to their music in a EULA? Maybe you don't want the music they produce to be only available in WMP or FairPlayed AAC, because OGG was removed. Well that's what the GPL is for. If you don't mind, fine, but if you do, it's a choice that's avaiiable to you. And regardless, if your GUI's good, or if your OGG implemention is hot stuff, perhaps it would be good idea to BSD those bits separately.

    3. Re:GPL is to prevent commercial plundering by crosbie · · Score: 1

      Unfortunately there are two movements going on:

      1) The free software movement - restoring freedoms back to the general public to published software that are otherwise removed by copyright, patents, or DRM.

      2) The software development community as gift-economy movement - requiring modifications to be contributed back to the community in exchange for use.

      The former is economically agnostic (simply undoes copyright's grant of monopoly as economic incentive, and makes no attempt to contrive any quid pro quo in its place - indeed makes it clear that 'free' does not mean 'free of charge' or 'non-commercial').

      The latter is an inversion of the proprietary model, i.e. the community desires proprietary control of its published software and would disallow private use or exploitation unless payment is made in kind (contribution of enhancements). There appear to be underlying aspirations to prevent exploitation by inherently evil corporations. Unfortunately, people are themselves inherently commercial entities (or at least, they have a right to be - to exchange labour), and measures to prevent GPL being commercially exploited simply end up jeopardising a developer's ability to sell their own labour.

      If only we can focus on freedom.

      Freedom applies to everyone, and yes, even unscrupulous corporations.

      You see it with Creative Commons too.

      Instead of using the GPL equivalent, CC-SA, people use CC-NC-SA thinking that the NC means 'no exploitation by greedy, selfish corporations' - and they end up preventing even the poorest artists selling their derivatives.

  16. I always thought this argument by is stupid by brunes69 · · Score: 3, Insightful

    And here is way - if it was true than Microsft and Apple should be calling their software "BSD/Windows" and "BSD/OSX", since they both have lots of BSD software in them.

    The userland != the OS. The OS *is the kernel*. The rest is just tools on top. I could install the BSD userland on the Linux kernel, and it would still be Linux. "GNU/Linux" is just RMS ego-stoking - you don't *have* to use the GNU utilities with the Linux kernel.

    1. Re:I always thought this argument by is stupid by bladesjester · · Score: 2, Insightful

      Finally! Someone else who actually knows what a freaking operating system is.

      I got so tired of making the argument because people just would not listen despite the fact that it is clearly layed out in the very early pages of "Operating System Concepts" (aka The Dinosuar Book).

      I even quoted it at one point, and people were saying that was wrong. That's right, they were saying that what could basically be considered the canonical book on operating systems was wrong =]

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    2. Re:I always thought this argument by is stupid by Eivind+Eklund · · Score: 1
      The kernel is actually a minor part of an operating system. And the tools are runnable on other systems.

      The FSF was working towards creating a full operating system, and Linus came and filled in a fairly small part of it, proportionally. Afterwards, all the Unix systems derived from this is called "Linux", for some strange reason - as if they were all really similar systems, instead of a collection of fairly different Unix systems that happen to share a kernel.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    3. Re:I always thought this argument by is stupid by Anonymous Coward · · Score: 0

      -1, offtopic

      I'm stealing your sig.

    4. Re:I always thought this argument by is stupid by schon · · Score: 2, Insightful

      Linus came and filled in a fairly small part of it, proportionally

      If it was such a small part, why is it so important, and why (in the past 15 years, not counting the time when the Hurd was already in development) has there been nothing to replace it?

      If Stallman was really concerned about being fair (as opposed to feeding his ego,) he would insist that everyone call it "Mozilla/[KDE/QT]/X/GNU/Linux". (Oh, he says "if you want to", you could call it that, but *he* won't - yeah, and I will only call it "Linux".)

    5. Re:I always thought this argument by is stupid by ceoyoyo · · Score: 1

      Hey, I've got MS Office installed on my Mac. Does that mean I have to call it MS/BSD/OSX? Um, I have some Omni software too... Omni/MS/BSD/OSX?

    6. Re:I always thought this argument by is stupid by pinky0x51 · · Score: 0, Troll

      >And here is way - if it was true than Microsft and Apple should be calling their software "BSD/Windows" and "BSD/OSX"

      And MacOSX used a BSD-like Kernel (Darwin) so why MacOSX is called MacOSX and not Darwin?

      >The userland != the OS. The OS *is the kernel*

      An operating system must allow you to operate with a computer with just a kernel like Linux you can't even boot the computer up to say nothing of operate with a computer. So a OS must be something more than a kernel, maybe that's also the reason why we have two names "operating system" and "kernel", because two different things need two different names.

      > I could install the BSD userland on the Linux kernel, and it would still be Linux. "GNU/Linux"

      No if you would take a BSD System and replace the BSD Kernel with the Linux than you would still have a BSD System and almost all users wouldn't even recognize any differences.

      Or would you say that if you take the whole FreeBSD system and just replace one program, the kernel, that the system wouldn't be FreeBSD anymore but Linux? Even if all "Linux" user will soon discover that their new "Linux" will work different: other commands in the shell, commands with the same name has differnt options, software written for the old "Linux" will not compile on the new "Linux" because all the system libs are different, etc. And this should be the same OS?

      On the other hand if i take a GNU System with the kernel Linux and replace Linux with the BSD Kernel (e.g. Debian GNU/kBSD) the user will discover non of this difference. And it's understandable because 95% of the OS would be still the same, only one program has changed, the kernel.

      --
      Support Free Software! Join FSFE's Fellowship: http://fellowship.fsfe.org
    7. Re:I always thought this argument by is stupid by Eivind+Eklund · · Score: 1
      Depending on perspective, there's several "Why's". You can say that OSKit replace it, and probably a few of the other experimentals, and that your question is based on a wrong implication. You would then reply that nothing else has gotten as large or complete, and that's another "Why" - Linux is good enough that people use that kernel instead of another, so the feedback loop keeps that kernel on top.

      As for "If it is such a small part, why is it so important" - that's sort of like saying "Why are sparkplugs for a car so important, they're so SMALL?"

      And, when they work reasonably well, they don't make much of a difference to the average consumer, who will just "Get some sparkplugs", rather than try to shop around for something else. The same with the kernel - people will generally just default to Linux, with very few even testing out anything else.

      Now, my personal interest in the GNU/Linux side of this is fairly academic - I tend to avoid using either GNU tools or the Linux kernel, for a variety of reasons. I just wanted to correct the misunderstanding around how large part of the job a kernel is. A complete, production quality kernel IS a lot of work, it's just much less than the rest of the system. And a hack-level kernel (which was what Linus started with) isn't that much work at all.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    8. Re:I always thought this argument by is stupid by Anonymous Coward · · Score: 0
      The userland != the OS. The OS *is the kernel*. The rest is just tools on top.
      Wow. How does this drivel get rated "Insightful". The degree of sheer ignorance is astounding.
      I could install the BSD userland on the Linux kernel, and it would still be Linux.
      By your own argument, then, it makes sense to write "GNU/Linux" when referring to a userland based on both the GNU tools and the Linux kernel.
      "GNU/Linux" is just RMS ego-stoking - you don't *have* to use the GNU utilities with the Linux kernel.
      If "Linux" is not synonymous with GNU tools on a Linux kernel, then one should write "GNU/Linux" to properly identy the overall system. To just write "Linux" fails to account for the very important tools that are part of userland. You can't have your cake and it eat, too.
    9. Re:I always thought this argument by is stupid by mclaincausey · · Score: 1
      The userland != the OS. The OS *is the kernel*. The rest is just tools on top.
      I don't agree with this perspective, especially the second quoted sentence. The kernel is the central COMPONENT of an OS. The userland isn't the OS, but neither is the kernel. The OS is the kernel + the userland tools that provide access to the system's functionality. What good is a Linux kernel without a shell or some other userland application interface to access it?

      A proof by contradiction: Consider Vista. I believe the drivers in Vista are to run in user space. By your definition, those drivers, the things that allow the software to run on hardware, would not be part of the OS. That's clearly ludicrous, ergo, the kernel does not constitute the entirety of an OS.

      --
      (%i1) factor(777353);
      (%o1) 777353
    10. Re:I always thought this argument by is stupid by ultranova · · Score: 4, Insightful

      And here is way - if it was true than Microsft and Apple should be calling their software "BSD/Windows" and "BSD/OSX", since they both have lots of BSD software in them.

      The userland != the OS. The OS *is the kernel*. The rest is just tools on top.

      Then please don't call it "Windows", call it "kernel32.dll" (or whatever file contains the kernel).

      The kernel is the core of the operating system. It is not the whole system by itself since, by itself, it is insufficient to operate the system. Just try it: install Lilo (or Grub) and Linux kernel to an empty partition, and try to boot. The kernel will halt with kernel panic, since it can't find init, and can't do anything useful by itself.

      One can argue just what programs constitute the operating system, but the kernel alone sure as hell won't let you operate the machine. Unless it's some perverted ultra-monolithic setup.

      --

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

    11. Re:I always thought this argument by is stupid by D.+Book · · Score: 4, Insightful

      You're mistaking the rationale of Stallman's call for people to use "GNU/Linux" (or some other name containing "GNU"). It has nothing to do with assigning credit to whichever part of the OS one considers most significant or whoever played the most important role in the project.

      Stallman considers it merely a device to draw attention to the Free Software philosophy. It's a response to his observation - certainly in line with my own experience - that many new users know exactly who Linus "Linux" Torvalds is and about his "Just for Fun" philosophy, but relatively few learn about the importance of freedom. The result being, when later confronted with Free Software ideals, such people often consider them unrealistic and impractical, not realising they formed the basis of the "Linux" operating system they're so enthusiastic about.

      This matters to Free Software advocates because they measure success by the number of users who come to value their freedom, not those who've installed GNU/Linux solely for its technical advantanges or as a status symbol, who'll readily switch back to a proprietary OS when tempted with a sexier product.

      Whether or not you think it's an effective tactic, that's the reasoning. As for the idea of it being an "ego" thing, as RMS himself has responded, why isn't he asking that people call it "Stallmanix"?

    12. Re:I always thought this argument by is stupid by mclaincausey · · Score: 4, Insightful
      a) In the Dinosaur Book, they say SPECIFICALLY that there are differing viewpoints on what constitutes an operating system, and that THE BOOK chooses to accept that "the operating system is the one program running at all times on the computer (usually called the kernel)." (page 6) That doesn't make other viewpoints wrong.

      b) In the Dinosaur Book, it says the following (emphasis mine):

      In many ways, the Linux kernel forms the core of the Linux project, but other components make up the complete Linux operating system.
      He goes on to list several contributing bodies such as MIT Xwindows and of course GNU utilities. (page 740)

      Though you cite this book, they take the opposite view you're trying to support with it. Strange...

      --
      (%i1) factor(777353);
      (%o1) 777353
    13. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      I think your experience is also fairly acedemic, and realities of actually finishing something to the point where others get interested in it, and then 'selling' it well so people keep being interested in it and actually put in some work as well is what the big deal is here.

      Linux' kernel wasn't the only 'good enough' option at the time, and in quite a few cases it was for quite some time not good enough. Rather, for many purposes, for quite some time the BSD variations running on i386 were a much more complete and better option or unless you wanted to put in a lot of efford the only option.

      So.. while your reasoning follows logic to explain away the relevance of what Linus achieved, it ignores something called reality I believe.

    14. Re:I always thought this argument by is stupid by durdur · · Score: 1

      Well, I think GNU/Linux is silly, too, but GNU components are hardly dispensible, since you need gcc to build the kernel (in theory you could use another compiler, or build your own compiler, but in practice you need gcc).

    15. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      It is not the whole system by itself since, by itself, it is insufficient to operate the system. Just try it: install Lilo (or Grub) and Linux kernel to an empty partition, and try to boot. The kernel will halt with kernel panic, since it can't find init, and can't do anything useful by itself.

      But I could add a single application, name it init, and as long as it is linked statically to everything else it might need, this would work fine.

      userland provides lots of libraries and tools, and with that, an application and user interface. It is not needed for running a specific (and correctly linked) application however.

    16. Re:I always thought this argument by is stupid by arose · · Score: 1
      If it was such a small part, why is it so important [..]
      Name recognition and network effects.
      [..] and why (in the past 15 years, not counting the time when the Hurd was already in development) has there been nothing to replace it?
      They haven't?
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:I always thought this argument by is stupid by danielk1982 · · Score: 1

      Then please don't call it "Windows", call it "kernel32.dll" (or whatever file contains the kernel).

      Point is that there isn't any correlation between the name of an OS (or any app) and the parts it consists of. Yes GNU utilities comprise an important part of what everyone thinks of as the "Linux Operating System", does that mean it should be known as GNU/Linux? Maybe, but people seem to be happy with just calling it "Linux", so whats the problem? Frankly, I'd personally like to keep "GNU" and "Linux" seperate as maybe sometime in the future some popular versions of Linux will not make use of any GNU utilities... it could happen.

      Besides, last I checked, GPL did not have a provision which required to append "GNU/" to any app which makes use of FF's code. RMS is being completely anal and annoying about the whole "GNU/Linux" thing.

    18. Re:I always thought this argument by is stupid by sparkz · · Score: 1
      Frankly, I'd personally like to keep "GNU" and "Linux" seperate as maybe sometime in the future some popular versions of Linux will not make use of any GNU utilities... it could happen.

      Which is exactly why you need to refer to your current installation as GNU/Linux ... if your 2008 system will be running GNU/Mach, or Something/Linux, then you need to be clear that Ubuntu 6.06 (or whatever) is specifically GNU/Linux.

      --
      Author, Shell Scripting : Expert Re
    19. Re:I always thought this argument by is stupid by danielk1982 · · Score: 1

      Which is exactly why you need to refer to your current installation as GNU/Linux ... if your 2008 system will be running GNU/Mach, or Something/Linux, then you need to be clear that Ubuntu 6.06 (or whatever) is specifically GNU/Linux.

      I agree. But since all major Linux distros run GNU utilities right now, why not drop the "GNU/" prefix until a time when it is actually necessary to differentiate between GNU and non-GNU flavours? =)

    20. Re:I always thought this argument by is stupid by civilizedINTENSITY · · Score: 1

      Actually BSD was more than good enough. At the time, however, there was a lawsuit between UCB and ATT. While the resultant settlement left BSD in the clear, at the time the linux kernel was viewed as being safer. The fact that the linux kernel was released under the GPL also meant a lot to GNU-minded individuals. Today, there is no legal reason not to run GNU/BSD, and Debian has that "flavor" available. If it weren't for the lawsuit, no doubt history (and, as you say, reality) would be very different.

    21. Re:I always thought this argument by is stupid by civilizedINTENSITY · · Score: 1

      moderators, the parent is not a troll... thanks

    22. Re:I always thought this argument by is stupid by civilizedINTENSITY · · Score: 1
      I agree. But since all major Linux distros run GNU utilities right now, why not drop the "GNU/" prefix until a time when it is actually necessary to differentiate between GNU and non-GNU flavours? =)
      Or, just drop the "Linux" and call it GNU? The symmetry is the same, yes? Well, not in terms of code...;-)
    23. Re:I always thought this argument by is stupid by ultranova · · Score: 1

      But I could add a single application, name it init, and as long as it is linked statically to everything else it might need, this would work fine.

      True. But do you know what statically linking actually does ? It places copies of all the libraries used by the program into the program executable.

      userland provides lots of libraries and tools, and with that, an application and user interface. It is not needed for running a specific (and correctly linked) application however.

      Your single program still uses those libraries; they have simply been packed into the same file as the main program.

      In any case, in your example, the userland is the program, and my argument that the kernel by itself is insufficient to make a working OS still stands.

      --

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

    24. Re:I always thought this argument by is stupid by ultranova · · Score: 1

      Point is that there isn't any correlation between the name of an OS (or any app) and the parts it consists of.

      "Linux" is the name of the kernel of severeal OS's, and "Linux distro" is what those OS'es are usually collectively called, so clearly in this case there is a correlation.

      Or consider "Red Hat Linux".

      Besides, last I checked, GPL did not have a provision which required to append "GNU/" to any app which makes use of FF's code. RMS is being completely anal and annoying about the whole "GNU/Linux" thing.

      Last I checked there is no law against being anal and annoying, especially if you're right :). Besides, consider: maybe it annoys him just as much when people don't acknowledge that the system has GNU parts. Maybe that's why he keeps on repeating it.

      --

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

    25. Re:I always thought this argument by is stupid by danielk1982 · · Score: 1

      maybe it annoys him just as much when people don't acknowledge that the system has GNU parts.

      Then he should have made accreditation explicit in the GPL.

    26. Re:I always thought this argument by is stupid by Eivind+Eklund · · Score: 1
      The BSD options were not reasonably available at the time Linux gained a foothold, due to licensing problems with AT&T. In addition, I believe there were some issues with hardware support, especially IDE support AFAIR. And, not least, the BSDs were fairly complete in themselves, and didn't have any reason to coopt the GNU system - which missed mainly a kernel.

      Also, the BSD projects have more or less always given people a "them" feeling, due to the way version control etc is run. It's a communication problem we have, and one that I don't see any way of solving without going to fully distributed VC and doing some other moves.

      I give Linus credit for sticking to his project long enough for it to "take" - but I see this as a lesser achievement than some of the other GNU projects, and a much lesser achievement than people tend to believe it is.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    27. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      While the resultant settlement left BSD in the clear, at the time the linux kernel was viewed as being safer. The fact that the linux kernel was released under the GPL also meant a lot to GNU-minded individuals

      At the time the BSD legal issues were cleared, the Linux kernel was far from where it is now, and BSD still provided a clearly superior system.

      Also, after the legal issues were cleared, the resulting clarity could have achieved the exact opposite from what happened initially, and people could have felt more safe using it.

      Legal issues does explain part of why people were carefull at first, but it doesn't explain the entire story by far.

    28. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      The BSD options were not reasonably available at the time Linux gained a foothold, due to licensing problems with AT&T.

      This is not true. FreeBSD 2.x was readily available and had been for some time when Linus released the 1.0 kernel. Of course there were kernels before 1.0, and they were even being used and distributed (I still have a Snow CD based on Linux 0.9 kernel around for example), but fact is that the legal issues for BSD got clear before Linux had become anywhere near the usable system it is now.

      In addition, I believe there were some issues with hardware support, especially IDE support AFAIR.

      Aha? actually, hardware support in at least FreeBSD 2 was a lot better then it was in Linux versions at the time, esp. on systems with more then 16mb memory.

      And, not least, the BSDs were fairly complete in themselves, and didn't have any reason to coopt the GNU system - which missed mainly a kernel.

      That of course is quite true.

    29. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      True. But do you know what statically linking actually does ? It places copies of all the libraries used by the program into the program executable.

      I know that..but do you know that there are libraries statically linked into the kernel as well?

      Your single program still uses those libraries; they have simply been packed into the same file as the main program.

      And they only serve that main program, effectively having become part of it, just like libraries statically linked into the kernel.

      In any case, in your example, the userland is the program, and my argument that the kernel by itself is insufficient to make a working OS still stands.

      If you want to argue that an OS is usefull withotu any applications then your argument still stands. If you want to hold that MS Office for example is part of the OS for an office worker (since it is what makes a Windows computer 'usable' to them) then your argument stands.. but if you don't think those are true, then I suggest you reconsider your argument and consider that you are talking about different things here, ie:

      1. An operating system
      2. A user interface
      3. An application programming interface
      4. An application

      1. does implement 3. by definition, but not 2 and 4

    30. Re:I always thought this argument by is stupid by Eivind+Eklund · · Score: 1
      The BSD options were not reasonably available at the time Linux gained a foothold, due to licensing problems with AT&T.
      This is not true. FreeBSD 2.x was readily available and had been for some time when Linus released the 1.0 kernel. Of course there were kernels before 1.0, and they were even being used and distributed (I still have a Snow CD based on Linux 0.9 kernel around for example), but fact is that the legal issues for BSD got clear before Linux had become anywhere near the usable system it is now.
      Linux was active WAY before 1.0. The first release of Linux was in mid 1991, while the firt semi-usable release of the 386BSD project (predecessor to Free/NetBSD) was in mid 1992. And I remember using pre-1.0 versions of Linux for at least a year prior to 1.0, and having it feel like a full Unix system. Anyway, I don't think either of us will change our mind on this topic, so it's probably as well to just go on with our lives :-) In peace, Eivind.
      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    31. Re:I always thought this argument by is stupid by Alsee · · Score: 1

      Though you cite this book, they take the opposite view you're trying to support with it. Strange...

      One might even refer to the Dinosaur Book as "the Bible" of operating systems.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    32. Re:I always thought this argument by is stupid by Marcus+Green · · Score: 1

      Has anyone ever run the Linux kernel without the GNU infrastructure? Has anyone ever run the GNU infrastructure without the Linx kernel?

    33. Re:I always thought this argument by is stupid by ultranova · · Score: 1

      I know that..but do you know that there are libraries statically linked into the kernel as well?

      While I can't say that I'd ever gone through Linux code to find what libraries it may include, I find it quite likely that it indeed includes some. What about it ?

      Your single program still uses those libraries; they have simply been packed into the same file as the main program.

      And they only serve that main program, effectively having become part of it, just like libraries statically linked into the kernel.

      Um, so ? If your userland consists of a single statically linked program, what does it have to do with my argument (that the kernel is not sufficient by itself to operate the computer and therefore the kernel is not the whole OS) ?

      If you want to argue that an OS is usefull withotu any applications then your argument still stands.

      I'm arguing that the kernel, by itself, is insufficient to operate the computer - to give it commands and have it execute them.

      If you want to hold that MS Office for example is part of the OS for an office worker (since it is what makes a Windows computer 'usable' to them) then your argument stands..

      The office worker doesn't need to have MS Office installed in order to operate - do something with - her computer; for example, you can install Office without having Office already installed :). But you can't install Office if all that is in the computer is the kernel; you can't operate the computer with the kernel alone.

      Whether or not Office is actually useful I don't get here; I prefer concentrating on writing the text, not herding automatic functions and helpers.

      Anyway, this seems to get down to the definition of "Operating System". You appear to be arguing that the kernel alone is the operating system (which, in the case of Hurd, raises the question just what is the kernel - the very core, the message passing hub, doesn't neccessarily even need to run at ring 0), while I maintain that the term includes everything needed to give me some kind of command prompt or other way to give commands.

      If there's nothing else we disagree on, it seems to be pointless to continue this.

      --

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

    34. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      Ok, did my research a bit this time, memory is nice but not always accurate.

      The first release of Linux was in mid 1991, while the firt semi-usable release of the 386BSD project (predecessor to Free/NetBSD) was in mid 1992. And I remember using pre-1.0 versions of Linux for at least a year prior to 1.0, and having it feel like a full Unix system.

      0.9x till 1.0 lasted a long time, and yeah, 0.95 and later were definitely usable for research and hobby, and definitely felt like a Unix system. That said, I have tried to run a multiuser machine with a bunch of terminals connected to share an internet connection, and while that worked well for users who tried to behave on the system, it was really not yet upto the task for such things (no way of stopping a single user from hogging the machine or even bringing it down at times for example). This was post 0.95, but I do no longer know which version exactly. There is a bit more then 'looks and feels like Unix' to actually acting like a somewhat well developed one (and how could it, it was mostly a 'scratch an itch' derived kernel that was rapidly developing maybe, but only had done so for a short time.

      That said, the first Linux version which I consider fully usable for most things for which I'd want a Unix like environment is 2.0. The first 'free / net or open' bsd release that I'd consider fully usable would probably be a NetBSD 0.9 or such, but definitely FreeBSD 1.1. From there till around the time of Linux 2.2, it seems to be a pretty easy call which systems provided a more complete and usable system and a better kernel.

      Anyway, I don't think either of us will change our mind on this topic, so it's probably as well to just go on with our lives :-) In peace, Eivind.

      I won't. I have used both intensively since their early incarnations. I do think however that it became more clear why we differ in opinion, never bad to have a bit of discussion even if you can't agree.

      Peace.

    35. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      I'm arguing that the kernel, by itself, is insufficient to operate the computer - to give it commands and have it execute them.

      Yes, I understand that, but I am telling you that what you are talking about is called user interface, not operating system. Many operating systems come with one bundeled or even built in, but in no way is it a mandatory part of an operating system.

      The Linux kernel, with on top of it a userland consisting of one single, statically linked application, perfectly fits the requirements of an operating system. It allows the application to operate the computer.

      Operating system is indeed based on the verb to operate, but not as in having a human 'operate' the machine, but in making the machine able to perform tasks, making the machine operate.

    36. Re:I always thought this argument by is stupid by Eivind+Eklund · · Score: 1
      0.9x till 1.0 lasted a long time, and yeah, 0.95 and later were definitely usable for research and hobby, and definitely felt like a Unix system. That said, I have tried to run a multiuser machine with a bunch of terminals connected to share an internet connection, and while that worked well for users who tried to behave on the system, it was really not yet upto the task for such things (no way of stopping a single user from hogging the machine or even bringing it down at times for example). This was post 0.95, but I do no longer know which version exactly. There is a bit more then 'looks and feels like Unix' to actually acting like a somewhat well developed one (and how could it, it was mostly a 'scratch an itch' derived kernel that was rapidly developing maybe, but only had done so for a short time.
      Ah, here we seems to end up agreeing. Maybe where we have most different perspectives is in our views of what is important for a kernel to "take"? I believe running on developer's desktops is most important. This means that low end hardware must be supported (and Linux was better than BSD there for a while), and it means that low file system latency is important. The Linux default for filesystem updates was faster than the BSD default for a long while, because Linux did the choice of running async metadata updates, which violates POSIX and can lose user data but runs faster. I had a couple of fights with Linus over this - basically, I don't see it as OK to fuck over users' data by default because it gives you better benchmarks, and that was actually Linus original primary argument ("We get such lousy benchmarks if we do it right", paraphrased). This is also one of the reasons I'm less than impressed with Linus.

      Back to primary topic: Scheduler quality and VM quality isn't that important in the desktop context, and while we (BSD) beat Linux on that for a long while (with 2.6, I think Linux has finally gotten a VM system that is comparable to FreeBSDs), that didn't make a difference at that point, especially compared to Linux other advantages.

      There's also one other thing that gave Linux an advantage compared to BSD: The GPL handles people fear of being "exploited". I personally see that fear as irrational and to a large degree fueled by the propaganda in the GPL - but that doesn't matter. The fear is there, and it influence people's behaviour.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    37. Re:I always thought this argument by is stupid by Schraegstrichpunkt · · Score: 1
      Does that mean I have to call it MS/BSD/OSX?

      More or less, if you're trying to distinguish it from your OOo/Debian/Linux box.

    38. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      I believe running on developer's desktops is most important.

      And that is where we differ. I believe that for a system to become practically usable, it needs to get used beyond the developers desktop (unless of course you were building it as a development platform to begin with). Ie, I'm pretty sure there are people using AmigaOS 4 on their development workstation, I'm also pretty sure that those are AmigaOS developers, and that the relevance of that for the rest of the world is virtually zero.

      If it can't run either my general purpose workstations, servers, nor on my embedded devices, then an OS has little practical use for me, and I honestly believe that is true for most of the market.

      This means that low end hardware must be supported (and Linux was better than BSD there for a while)

      And that was what my original post replied to, because unless you talk about the days before FreeBSD 1.1, that is definitely not true, and after 2.2 it is at best debatable.

      By 1993, a machine with 24mb ram was not extremely unusual, esp. not as a development workstation or server. Actually supporting DMA for memory over 16mb without serious performance impact made that lots of the typical expansion cards kept working on a FreeBSD system where they'd break or run with a severe performance penalty on Linux.

      Earlier you specifically mentioned IDE. I'd be interested in what you are thinking about there. atapicam has been around for quite some time in order to allow usage of ide cd writers and similar devices by attaching them to the scsi cam layer, functionaly similar to scsi over ide as Linux used to have it for the same reasons.

      IDE CD rom? No idea, but they seem to have worked for almost as long as I have been able to buy them. It may well be that I am not aware of lack of support of certain chipsets, and I bet there have been quite a few times where Linux happened to support a new EIDE feature or extension, but this never has been an issue that I could detect, this despite having supported lots of BSD as well as Linux installs for more then a decade (currently I support a few dozen FreeBSD desktop installs and a bunch of Linux and FreeBSD based servers)

      FreeBSD has always given me far less trouble with isa pnp cards, esp. pretty popular ones like the 3c509 and similar nics.

      , and it means that low file system latency is important.

      If the price for that is data corruption, then that sounds really like a bad idea on esp. a development workstation used for developing the exact OS that it is running on...

      The Linux default for filesystem updates was faster than the BSD default for a long while, because Linux did the choice of running async metadata updates, which violates POSIX and can lose user data but runs faster.

      And is quite an option on FreeBSD if you really need that compromise.

      I had a couple of fights with Linus over this - basically, I don't see it as OK to fuck over users' data by default because it gives you better benchmarks, and that was actually Linus original primary argument ("We get such lousy benchmarks if we do it right", paraphrased). This is also one of the reasons I'm less than impressed with Linus.

      But you still said it was an important argument for its use on a developers workstation?

      Back to primary topic: Scheduler quality and VM quality isn't that important in the desktop context,

      Hmm.. so that is why people are still pursuing ULE then?

      I'm sorry but I believe you are really mistaken about the importance of this for the desktop. You are however right that getting those right is in itself not enough.

      Considering that multimedia and voip and video conferencing have become a substantial part of what personal workstations are being used for, for that market having a better scheduler really makes a difference, given all other things are equal.

      and while we (BSD) beat Linux on that for a long while (with 2.6, I think Linux has finally gotten

    39. Re:I always thought this argument by is stupid by Eivind+Eklund · · Score: 1
      Uhm, you're mixing timelines again. CAM wasn't until 1998 (or so) and replaced the old SCSI subsystem, ATAPICAM came after that again. And the ULE scheduler is important TODAY, while I'm talking about what was important in 1993-1995.

      The filesystem metadata policy I see as screwing over mostly for the use on servers etc; and the point is that users *expect* their filesystem to work. They don't go into a system asking "Hmm, when I save a file here, will it be saved or will it be fucked up in some cases? I'd better check the filesystem documentation. Oh, it says nothing about metadata updates. Let's go see the source code. WHAT? UNORDERED, ASYNCHRONOUS METADATA UPDATES? It's not possible to database semantics over this!!!!"

      The increased speed it gives can be a large selling point - it's just that people aren't aware of what they're being screwed over with for that speed.

      As for losing data: Well, many of us filesystem and VM hackers in FreeBSD actually ran our devel boxes with async metadata back before soft updates. We knew the rough odds, and knew what would happen on a failure. Mail and database servers is what this is critical for - if we got a few fucked up files, we could generally recover from it.

      As for PnP on 3c509, that's not quite PnP, and it was also implemented much much later (1997 or 1998, I think). I believe I wrote it. I didn't even remember I'd committed that code - I remembered that I'd hacked on it, I just thought I'd abandoned that patch along with all the 509s I had, as I remember it being semi-rough when I switched away from the 509s. The 509s needed a special hack for PnP, as they used a slightly different but very similar protocol to the official PnP stuff. I believe the offical PnP hardware protocol must have been based on the 509 protocol as the 509 predated the PnP protocol.

      And as for 24MB RAM: You're assuming a much more high end developer than most people were at that time. Yes, these existed, but there were also a LOT of people working on lower end hardware. Especially people that just wanted to test out things, didn't know if they wanted to run Unix at all, just testing because something cool was available, and later turned into developers for various pieces around this.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    40. Re:I always thought this argument by is stupid by SillyNickName4me · · Score: 1

      Uhm, you're mixing timelines again. CAM wasn't until 1998 (or so) and replaced the old SCSI subsystem, ATAPICAM came after that again. And the ULE scheduler is important TODAY, while I'm talking about what was important in 1993-1995.

      I remember buying my last scsi cd writer in late 1998 (a 4 speed plexwriter) which was actually slightly cheaper then an equivalent quality ide writer at the time. The same was true for the phillips cd writer I had before that.

      It meant having to have a scsi controller, sure, but those didn't cost the world either, and untill the widespread use of 'burnfree' and similar ways of preventing buffer underruns, ide burners were a pain in general (and if you burned enough cds, a scsi burner would easily earn you back the price for a scsi card by being more reliable and creating fewer coasters as a result)

      In other words, I somewhat doubt atapicam was very relevant initially, and by the time it really became relevant, it was there.

      Oh, and 1998 is really years ago, could say almost a decade ago even.

      ide cd-rom drives have been around for much longer, but didn't and still don't require atapicam (that is unless you want to run tosha or similar software against it)

      The filesystem metadata policy I see as screwing over mostly for the use on servers etc; and the point is that users *expect* their filesystem to work. They don't go into a system asking "Hmm, when I save a file here, will it be saved or will it be fucked up in some cases? I'd better check the filesystem documentation. Oh, it says nothing about metadata updates. Let's go see the source code. WHAT? UNORDERED, ASYNCHRONOUS METADATA UPDATES? It's not possible to database semantics over this!!!!"

      Well, the thing is that if it is used to store the source of what I am currently developing, I quite hope the filesystem does handle my experiments with the kernel and subsequent crashes or dropping into a debugger without corrupting my files. Of course one would want to store that source code elsewhere, but being able to rely somewhat on your filesystem also implies not having to hunt corrupted files as part of trying to figure out why something all of a sudden broke that was working yesterday and such..

      I'm sure I have been unlucky there, but crashes and consequent fs corruption resulting from over-enthousiast users on a multiuser machine made the issue pretty easy to see for me, even when not looking at the source code. Yes, I did manage to end up with a corrupted ffs as well a few times, but by far not as often, and pretty much in all cases due to bugs that have been fixed.

      Maybe it matters that among other uses, I tried to make use of it as a platform on which to develop and run a mud, and consequentely had multiple people logging in and compiling stuff and such, but hrm, the prospect of a 'real' multiuser system was one of the things that made unix on a pc such an interesting thing for me.

      The increased speed it gives can be a large selling point - it's just that people aren't aware of what they're being screwed over with for that speed.

      As for losing data: Well, many of us filesystem and VM hackers in FreeBSD actually ran our devel boxes with async metadata back before soft updates. We knew the rough odds, and knew what would happen on a failure. Mail and database servers is what this is critical for - if we got a few fucked up files, we could generally recover from it.


      I understand that, but see above. I have used async for filesystems as well for the performance increase it gives, but usually in cases where recreating the data was a minor or non issue (/tmp for example)

      That doesn't change that all it would have taken to eliminate this difference was adding an option to the installer so a new user didn't have to hunt documentation for getting the performance increase when desired. I somehow doubt it explains why Linux has been so much more popular then FreeBSD.

      As for PnP on 3c509, that's not quite PnP, and it was also imp

  17. Vote with their feet? They did, but they forgot by H4x0r+Jim+Duggan · · Score: 5, Insightful

    The article argues that copyleft (not free software) is anti-business. This is clearly not true because the copylefted free Unix-like operating system (GNU/Linux) has far more business contributions and business models base on it than the non-copylefted free Unix-like operating systems (the free BSDs).

    So companies have voted with their feet and have sent a clear message that they will work with copylefted free software.

    The GNU GPL requires that everyone play fair. Many companies will look for ways to be the only person who is exempt from the rules, but free software will not gain acceptance by ditching copyleft and pandering to a few new best friends.

  18. I just want to know... by FishWithAHammer · · Score: 1

    ...why rms thinks it's okay for him to dictate to me, one of the users he so fervently believes needs to be "free," what I can and cannot do--with software I have written and worked on. I could insert a comment here about academia being entirely out of touch with reality, but that'd just be poor sporting.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    1. Re:I just want to know... by Anonymous Coward · · Score: 0

      Come on now. If you want to work on existing software, you play by its rules. If you want to make your own, you choose the rules.

      RMS is not God, and when He speaks you do not need to Obey.

    2. Re:I just want to know... by Anonymous Coward · · Score: 0

      I doubt that RMS has the power to force you into choosing GPL3 as the licence for a software you wrote completely.
      On the other hand, if you are not the only one to have worked on the released software, then I suppose it is normal that you are not the only one to decide which licence is to be used, but again RMS won't have any influence in the decision process, unless he actually wrote a part of the aformentioned software.

    3. Re:I just want to know... by Todd+Knarr · · Score: 1

      You're entirely free to do whatever you want with software you have written. What the GPL, versions 2 and 3, are about is what you can and cannot do with software someone else wrote. You want the right to determine terms for your software? You have to respect the right of someone else to determine terms for their software.

    4. Re:I just want to know... by Anonymous Coward · · Score: 0

      RMS does not want you to be free. He wants software to be free. This is an important distinction. The GPL, in fact, benefits the users of software far more than the original developer -- the original developer is in fact giving up most of his rights when he licenses his software under the GPL.

      The reason so many people do is for one of two reasons, generally speaking:

      1. they are motivated by a desire to share their work with others, perhaps because they are simply selfless or perhaps because they recognize how much they have benefited in the past from others doing the same, or maybe even because they seek recognition from the community to add to their geek cred.
      2. their software is large and complex and rather than reinvent the wheel they've depended on a large amount of existing GPL'd code to "reduce their time to market", and are legally required to comply with the restrictions the GPL enforces on derivative works.

      Businesses most often fall into camp #2, although it's not uncommon to find hobby programmers whose natural inclination might be to write shareware or nagware or to not permit derivative works in that group. They are the most vocal opponents of the GPL -- they claim it is viral and "pollutes" their code. Of course, it doesn't take a genius to see through their stance: they want to use the excellent libraries and utilities that others have released under the GPL to make the development of their software easier, but they don't want to "pay the price" by complying with the GPL's requirements. They are free to re-invent the wheel and avoid the GPL entirely, or contact the original authors of the libraries/code snippets they need to negotiate a more commercial license, but ultimately, they'd rather just complain loudly.

      Anyway, no one is forcing you to release your code under the GPL. RMS thinks that the world would be a better place if everyone did, and I think he's right, but he cannot compel you to license your code in any way you don't wish to. So there's really nothing to get all up in arms about.

      Unless, of course, you fall into the aforementioned second camp?

  19. Didn't get this part right by hey! · · Score: 4, Insightful

    The impetus to make a profit (and its associated compromises) isn't sitting well with true believers in free software.

    I think most free software advocates take great pains to state they aren't anti-profit. They're against profit gained from activities they see as immoral.

    It sometimes seems like this is the same position, but it's not. Any position of morality has this effect whether it is being against slavery or child exploitation. Accepting any moral rule is bound to render some profitable activities immoral. What muddies the water is when you have a lot at stake. It's hard to reason objectively if you see great harm or great benefits from one course of action vs. another.

    You end up weighing one set of envisioned benefits and harms vs. another. This is where moral reasoning gets tricky becuase you are no longer in the world of pure ideas, but dealing with predictions and probabilities.

    DRM is a perfect example. Much depends on what you project the impact of widely adopted DRM to be. Human reasoning being what it is, when we are for something we see the benefits clearly and have trouble perceiving the downsides; when we are against it the opposite holds. DRM advocates believe that artists can only surivive economically with DRM; opponents think artists will find a way to survive. Opponents think DRM will be the end of intellectual freedom; proponents think that people will find a way to express themselves.

    There is a third philosophical position, which is agnostic but somewhat libertarian:whether or not you are for DRM, if people want to link DRM modules into your code it's none of your business. Yet, I think, that people in this position might have trouble defending it if they truly believed the end of intellectual freedom would result.

    Finally there are the radical positions: DRM is wrong whether it is good for society or not. OR: protection of indvidual intellectual property is paramount no matter what the cost to society. By in large people who take the radical positions will also claim that pragmatism backs them up. However, I think this actually makes them less convincing. The only reason to trot out practical consequences is if your hearer doesn't agree with your fundamental position.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Didn't get this part right by Anonymous Coward · · Score: 0


      Finally there are the radical positions: DRM is wrong whether it is good for society or not. OR: protection of indvidual intellectual property is paramount no matter what the cost to society. By in large people who take the radical positions will also claim that pragmatism backs them up. However, I think this actually makes them less convincing. The only reason to trot out practical consequences is if your hearer doesn't agree with your fundamental position.
      </quote>

      Hah! try that argument in a different case. Like freedom of speech is wrong whether it's good for democracy or not. Pragmatically we would like to forcibly shut you up if you try to blab about the secrets we ourselves didn't keep. Such as invite you to take up residence in Guantanamo Bay with all the other dissid^H^H^H^H^H^H ... crimin^H^H^H^H^H^H ... terror^H^H^H^H^H^H ... ah, TRASH.

    2. Re:Didn't get this part right by _Sprocket_ · · Score: 1
      Such as invite you to take up residence in Guantanamo Bay with all the other dissid^H^H^H^H^H^H ... crimin^H^H^H^H^H^H ... terror^H^H^H^H^H^H ... ah, TRASH.


      "Guantanamo Bay" is fast becoming the new "Nazi".
    3. Re:Didn't get this part right by Rich0 · · Score: 1

      There is a third philosophical position, which is agnostic but somewhat libertarian:whether or not you are for DRM, if people want to link DRM modules into your code it's none of your business.

      And there is another position that you don't state. People can have all the DRM they want, but don't use my code to accomplish it. That is all the GPL v3 states. Tivo can use DRM if they want, but they'll have to write their own OS to do it, or buy one from somebody else. (Well, at least that would be the case if linux went GPLv3).

      All the arguing over Torvolds/Stallman is silly. Linux can't go v3 even if it wanted to since the license wasn't made flexible from the start. The GPLv3 debate will be waged in other projects.

    4. Re:Didn't get this part right by Anonymous Coward · · Score: 0

      "There is a third philosophical position, which is agnostic but somewhat libertarian:whether or not you are for DRM, if people want to link DRM modules into your code it's none of your business."

      This position isn't agnostic, nor nearly as neutral as you imply, due to the DMCA. The DMCA removes the element of choice and eliminates merit-based competition. Permitting people to tie DRM into my code permits them to seize power from me, with no way for me to take it back since it has become illegal to do so. If the DMCA didn't exist, I'd agree with your statement -- but as the US laws stand now, supporting this position is nearly equivalent to endorsing DRM.

    5. Re:Didn't get this part right by Anonymous Coward · · Score: 0

      Namedropping Godwin's Law is soooo last-century.

    6. Re:Didn't get this part right by _Sprocket_ · · Score: 1

      Some behavior seems to be timeless.

  20. mod parent up by Anne+Honime · · Score: 1

    at least an unpassionate yet accurate comment on the issue. cheers. you framed the problem in 12 sentences, that should desserve an award.

  21. Have any of you *actually* read the GPLV3 draft? by Colin+Smith · · Score: 2, Informative
    --
    Deleted
  22. Linus doesn't have that much power by aaronmcdaid · · Score: 1

    The article implies that Linus could kill the GPL3 by not using it for Linux. But most of the software in a (GNU/)Linux distro isn't part of the kernel and thusly will be GPL2 or 3 no matter what Linus says. And let's remember that Linus doesn't have copyright on the whole kernel, far from it in fact.

    So GNU/Linux will be GPL for ever, with the only debate being over the timing of the gradual change from v2 to v3.

    If Linus did try to start a new project from scratch with another license, then it'd make sense to (I never thought I'd say this!) start using the HURD.

    *ducks*

  23. I tend to go with the Stallman Camp. by zoeblade · · Score: 1

    It's not like the spirit of the license is changing, the wording is just being articulated better to avoid DRM checksum type loopholes. Yes, there are various licenses, and you should carefully decide which one you want to use, be it BSD, GPL or just plain old public domain. However, if you disagree so strongly with GPL on principle of it being too far to the left politically, you have to realise that open source software such as the Linux kernal wouldn't even have the rest of an operating system to interface with were it not for free software such as GNU.

  24. That same old myth by Renegade+Lisp · · Score: 1

    From the summary...

    The impetus to make a profit (and its associated compromises) isn't sitting well with true believers in free software.

    ... and then they go on to imply that only if you hide your code, you can make a profit. Thus, Torvalds is compatible with making a profit, while Stallman is not. I don't buy this. And what's more, I can't believe that a reputed magazine such as BusinessWeek still knows nothing better than to perpetuate that myth.

    What Stallman says is that free access to information is a fundamental value that is more important than business models that may be standing in its way. Thus, in order to achieve free access to information, new business models may need to be developed. And this is exactly what's happening. There are many successful companies that don't hide their source, take Novell for an example. Take IBM's growing engagement with open source, their gradual transformation into a service-oriented company. And it's much more widespread among small businesses than among the big players who take long to adapt to a paradigm shift.

  25. Linus is Wrong by Morosoph · · Score: 4, Insightful

    This is of course rubbish. To use the GPL version 3 is simply a statement that you do not wish your work to be close-sourced by stealth. To insist that everyone use GPL v3 may be zealotry, but to use it yourself is not. To suggest that only mindless zombies would use the GPL version 3 is zealotry on your own behalf.

    As for GPL version 2 being popular, well, why not let the market sort it out? The GPL version 3 may well prove itself in due course.

    How is wanting people to respect the terms of your licence 'far left' in any case?

    1. Re:Linus is Wrong by Alsee · · Score: 1

      On one hand I would like to thank you for your Sig link to that Esquire article Greetings from Idiot America, on the other hand I have never read anything that has made me literally feel so physically ill.

      I just realized someone from Fundy Idiot America might just make the exact same comment in the exact same words with the exact opposite meaning. So to avoid any possiblility of confusion - I feel ill because I agree with it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  26. GPL vs BSD? by gQuigs · · Score: 0

    The GPL means that the "collective" end user will get the most freedom. Yes, the "first" end user is limited that if he resells it, he needs to give his end user the same rights, and the same limitations. Compare that to the BSD license, the "first" end user gets it, resells it and his first end user has nothing? Yea, that's what viral means. But, I think its something more important. The GPL gives more rights to the users. BSD license gives more rights to developers. That's just the first iteration, GPL stays "free", longer. taking the GPL, give the user's rights philosopy, it's easy to tell why DRM CANNOT be allowed.

  27. On bad journalists and their readers by supabeast! · · Score: 1

    What does it say about a society whose journalists shamelessly portray civil discourse about software licensing as "open war?" I find that headline insulting and disgusting - insulting because it assumes readers are stupid enough to be excited by such excessive hyperbole, and disgusted that in a great age of communication, people still pay attention to "journalists" who would stoop so low.

    1. Re:On bad journalists and their readers by Eli+Gottlieb · · Score: 1

      The Slashdot editors are people?!

  28. The word "should" by gatkinso · · Score: 1

    ...eliminates much of your freedom.

    Stallman "should" realize this.

    --
    I am very small, utmostly microscopic.
  29. fork the kernel by FudRucker · · Score: 1

    and let users decide what one they want, sounds like the most democratic way of dealing with this...

    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:fork the kernel by Score+Whore · · Score: 1

      Fork what kernel? The Linux kernel? You can go ahead and fork it all you like, but you won't be able to relicense it since it already has a license and that license does not include a clause that allows you to change that license...

    2. Re:fork the kernel by FudRucker · · Score: 1

      one fork stays gpl-2 for Linus' camp and the other fork goes gpl-3 for Stallman's camp

      --
      Politics is Treachery, Religion is Brainwashing
    3. Re:fork the kernel by Score+Whore · · Score: 1

      But the Linux kernel has a license and that license doesn't allow you to swap in a different license. The typical "fork" of someone who is dissatisfied coming along and just taking the source and going their own way to make themselves happy isn't possible.

      And the difficulity in tracking down and getting permission from every rights holder in the Linux kernel precludes the approach of getting everybody's "aye".

      There will be no upgrade of the Linux kernel to a different license.

    4. Re:fork the kernel by LocalH · · Score: 1

      That's just it - the kernel can't go GPLv3. The license never included the "later versions" clause, so unless you can track down every single contributor (even if they only contributed a minute amount of code) and get their permission to change the license, it won't happen. The Linux kernel will forever be GPLv2, and there's nothing that anyone can do about it.

      --
      FC Closer
    5. Re:fork the kernel by FudRucker · · Score: 1

      bad idea, i see forking the kernel under gpl-3 will never happen then, stallman better get hurd going if it wants to give the linux kernel any competition...

      --
      Politics is Treachery, Religion is Brainwashing
  30. Don't over do it by Lobais · · Score: 1

    Open Warfare in Open Source, oh yeah? And every time Apple sues Microsoft, or like it, there is open warfare in the proprietary software world?
    Don't think this affects most free software users. We are used to Linus and Richard having different opinions.

  31. Re:Here's the newsforge article, plus 2 other link by Anonymous Coward · · Score: 1, Interesting

    I see they still haven't removed the onerous "give up your private key" section. Until Linus's concerns about being forced to give up private keys are addressed, the GPLv3 is a non-starter.

    In any case, I'm beginning to greatly prefer the Apache 2.0 License to the GPL. Much simpler and, ironically, providers more freedom than the GPL.

  32. And so it begins by MikeRT · · Score: 2, Insightful

    While free software purists debate things like binary-only drivers, the rest of the world moves on with more important issues. Do you want hardware support, huh? Do you want companies to actually build products on open source software stacks? Then stop begrudging them the right to choose what works for them, so long as it is in compliance with the basic requirements. Stop doing this little totalitarian inquisition of whether a company is a "good corporate citizen" based on whether or not they "do enough." I almost can't believe that people actually debate whether or not Google should have to open up its code because of the "spirit of the GPL."

    This sort of moral grandstanding pisses me off. It accomplishes nothing other than to serve as a sort of self-esteem booster for rigid ideologues for when they inevitably fail to adapt to reality. It's mental masturbation that has all of the pleasantries of a clusterbomb going off on a playground because of how many people it denies a future to. You want freedom? Learn to live in *gasp* a pluralistic society. That means that some people might not like Open Source Uber Alles.

    1. Re:And so it begins by UtucXul · · Score: 2, Interesting
      While free software purists debate things like binary-only drivers, the rest of the world moves on with more important issues. Do you want hardware support, huh? Do you want companies to actually build products on open source software stacks?
      The problems people have with binary drivers are not just from a free software purity point of view. Have you dealt with buggy NVidia or ATI drivers (or wireless cards) in GNU/Linux (or a BSD)? Often enough, these binary only drivers are among the slowest to get fixed and updated, sometimes never fitting in to the package management system of the distro properly.
    2. Re:And so it begins by Anonymous Coward · · Score: 1, Interesting

      While American revolutionary purists debate things like self-government, the rest of the world moves on with more important issues. Do you want to do trade with England, huh? Do you want their companies to actually trade with "free" Americans? Then stop begrudging them the right to choose paying tribute to the King, so long as it is in compliance with the basic requirements. Stop doing this little totalitarian inquisition of whether companies who side with the King should be punished.

      This sort of moral grandstanding pisses me off. It accomplishes nothing other than to serve as a sort of self-esteem booster for rigid ideologues for when they inevitably fail to adapt to reality. It's mental masturbation that has all of the pleasantries of a cannon going off on a playground because of how many people it denies a future to. You want freedom? Learn to live in *gasp* british society. That means that some people might not like "American Freedom".

    3. Re:And so it begins by Score+Whore · · Score: 1

      I can't say about ATI, but what buggyness persists in the nVidia driver? It seems to get fixed faster than, say, the assed up USB stack was fixed. It took over a year for the USB maintainers to get off their asses and stop acting righteous about their particular method of initializing a device and declaring the device "broken" instead of making one little change to how their initialization process and suddenly a whole assload of USB devices start working.

      Fixes in the main kernel basically work like this: if the device that is broken is some major component of the system, ie. scsi driver, ide driver, then it gets fixed quickly. If it is some device that for some reason a developer doesn't like, then not only will it take a while to get fixed, but once the fix is in place, it will be removed repeatedly (see neomagic 256 support.) If the device is just something that isn't mainline and the breakage only affects a few users then it can be several kernel releases before a fix is rolled in.

      And, no, downloading a patch from some URL supplied in some random IRC channel is not a fix. Fixed is included in the mainline kernel or the standard packages/releases from your distro of choice.

    4. Re:And so it begins by anandsr · · Score: 1

      You haven't tried upgrading your kernel because some device does not work with the supported kernel and the new one has a fix for it. That is where you will be left out of the loop. Anyway, it is more a question of freedom. I am not against using NVidia drivers. I have bought NVidia devices because they work well, but I would like it if it was open sourced. Giving in to DRM means that new DRM'd devices will never open up.

      Anyway what is that famous quote about freedom. Those who are willing to sacrifice some freedom for security (convenience in our case) deserve neither. I would prefer freedom but I am not great enough to sacrifice convenience for freedom.

    5. Re:And so it begins by anandsr · · Score: 2, Insightful

      A company is not a good OSS citizen if it doesn't share alike, period. There are no ifs and buts about it.
      It is rigid idealogues that get anything done in this world, not the convinience loving people like you and me. They are the ones that change the reality for you and me. We are just the cogs in the wheel. They bring about any change that really happens. Of course there are good and bad idealogies. This one is a definite good, just like Software Patents is a definite bad. Copywrite is somewhere in the grey area, because Internet has changed the landscape. Incentives now are not as important as the need to disseminate the information. With more information more people will be there to create new information and we don't need incentives that much. For patents also the landscape has changed a lot, but they are still relevent, but it should be tempered with a critical eye towards obviousness. Software patents were never sane, just like patents on story ideas or judicial cases would be insane. Similarly Business ideas are also insane. Any patent over an abstract idea is insane. It should have a concrete implementation, which only uses that single idea and other ideas in the public domain. If you cannot demonstrate an application which depends on only this idea and ideas in the public domain then it should not be patentable. Also if a patentable idea is obvious then also it should not be patentable.

  33. Who to thank by NewToNix · · Score: 5, Insightful
    Being American, this has an American slant - feel free to change it to suit your country...

    If you can read this, thank a teacher
    If you are reading it in English, thank a soldier
    If you use GNU/Linux, thank RMS

    If you can run your OSS program sans a compiler, then you could thank Linus.

    The point is that like the soldier, RMS made it possible for Linus to excel with his Kernel.

    It could also be argued that Hurd wasn't getting the job done and Linus did.

    But in the final analysis you need to consider which came first - no GNU tools, no nice OS to use - the kernel is just a file system, a very useful one, true, but only when combined with the free things RMS had spent years fighting for..

    One should never forget, or undervalue the soldier - even when it 'seems' his time has passed... because it never really does.

    And yes you can just put me down as a FSF fanboy... I'm rather proud of it.

    /. is just a bunch of vaguely related opinions, this one is mine...

    1. Re:Who to thank by grcumb · · Score: 1
      "If you are reading it in English, thank a soldier"

      I'm from Québec, you insensitive clod!

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    2. Re:Who to thank by Marcus+Green · · Score: 1

      "the kernel is just a file system"

      Well you learn something new every day.....

  34. GNU/Linux by zoeblade · · Score: 1

    If Linus wrote it and he calls it Linux, thats good enough for me.

    Um, are you joking? Yes, Richard Stallman can go on a bit about calling it GNU/Linux, but it's precisely to get people to realise that the operating system as a whole wasn't just written by one person.

  35. Can you really tell us why? by twitter · · Score: 1
    jellomizer, in a long and insulting rant tells us:

    GPL 3 is basicly a way to make the midless Stallman followers to be more zealot about the things Stallman disaproves of.

    but fails to tell us any of the "minless" "zealot" goals. Seeing as you can think for yourself, jello man, why don't you tell us why you object to GPL 3.0, besides it's association with RMS. I suggest you start with tivo and GPL 2 intentions. When you get around to explaining how Tivo eliminates the freedom indended by the GPL and all of the authors who contributed code, you might then tell us how "people who can think for themselves" and chose GPL should prevent DRM abuse of their work.

    --

    Friends don't help friends install M$ junk.

    1. Re:Can you really tell us why? by Martin+Blank · · Score: 2, Interesting
      I think a big part of the issue is that the GPLv3 can sound more like a manifesto than a license. Maybe I'm unusual in this respect, but I find it easier to read Microsoft's licenses than the GPLv3, partially because it's more straightforward in how it is written (regardless of what is written). I read GPLv2 for the first time several years ago, and it was fairly quick and to the point. When I read the GPLv3 (including reviewing the latest revision this morning), I found it to be tedious and somewhat lecturing (sort of the way that RMS comes off).

      I understand and respect what it's trying to do, and I agree with most of the goals (though I do see possible value in some uses of DRM, and hence do not agree with that section), but I think the license as a whole needs a clean-up and simplification. It's trying to catch every visible instance where it was felt that GPLv2 failed, and in doing so may end up being too specific and limiting, unable to adapt to the needs of the development community.

      In addition (and this is admittedly a bit trivial), I've heard complaints here for years about the length of Microsoft EULAs, but GPLv3 is getting up there in length, too. As a quick comparison of some common licenses:
      • Apache v1.1: ~350 words
      • Apache v2.0: ~1600 words
      • BSD License: ~360 words
      • GPLv2: ~3000 words
      • GPLv3: ~4500 words
      • Microsoft MSDN License: ~4700 words
      • Microsoft Windows XP EULA: ~5200 words
      • MIT License: ~170 words
      • MPL 1.1: ~3700 words (including license exhibit)

      I guess in summary, my feeling is that while GPLv2 could use some tweaks to handle some oddities, an entirely new version is not necessary. I don't think I'm alone in opining that it would be better to have seen GPLv2.1 than 3.0.
      --
      You can never go home again... but I guess you can shop there.
    2. Re:Can you really tell us why? by Znork · · Score: 1

      "I've heard complaints here for years about the length of Microsoft EULAs, but GPLv3 is getting up there in length, too."

      Those are quite different beasts. If you want to compare, you should compare the length of a license allowing you to modify and distribute Microsoft software. If they exist at all, I'd suspect they'd tend to be quite a bit longer...

      The MS EULA is for _using_ the software. GPL software has more or less no restrictions on that, and the GPL does not apply at all until you wish to do something otherwise explicitly disallowed by copyright.

    3. Re:Can you really tell us why? by Martin+Blank · · Score: 2, Interesting
      You raise a good point. I had been referencing one of the most simplistic gripes about licenses, but in the interests of completeness, here are Microsoft's shared-source licenses:

      These have some restrictions in them that many devs would find onerous, but they're much more open than the standard EULA. A license covering use of the Windows source code (they do exist) are probably much longer and use a 3-ring binder, and are somewhat unique to each company or group involved as lawyers would certainly be participating in the drafting of the license.
      --
      You can never go home again... but I guess you can shop there.
  36. I'm not Torvalds and I don't like the new version by einhverfr · · Score: 2, Insightful

    My objections about DRM are fairly mild. I understand the concern from companies like Tivo (but this is irrelevant-- nothing stops anyone from making a Tivo clone and not including the DRM. You just can't use their hardware). In the end, I think the GPL v2 actually encouraged freedom on a structural level in a way that the GPL v3 does not. The real concern is not about Tivo. It is about large media companies requiring DRM in such a way that free software as we know it ceases to exist. So on the whole, while I think the cause could be better managed, I am for it.

    But the idea that software which interacts with a user over a network might need to allow the user the right to download that source code in the same session seems to me to be seriously problematic and brittle. There are no clear definitions of "modified version of the program" or "interact with a user." And even if there were, this is stretching the definition of freedom to the point where I think it breaks. There is no existential threat (as from DRM) which justifies this sort of response. Instead this clause *is* itself an existential threat.

    --

    LedgerSMB: Open source Accounting/ERP
  37. wrong by kebes · · Score: 4, Insightful
    [RMS] believes all software should be freely available to be modified by the public.

    That's a mis-characterization of Richard Stallman's viewpoint. He doesn't believe that all software source code should be available to the public. Rather, he believes that all source code should be available to the end user. There is an important difference.

    'Free' software is not about creating a gigantic repository of source code. It's about each user having the freedom to modify the computer software they are using. A group of users can keep a piece of software (and associated source code) hidden from the public quite easily. The point RMS is trying to make is that it is inneficient, artificial and even immoral to restrict the user of software from viewing/modifying the internals of said software.

    Of course when software is intended for public consumption, then under the FSF ideal the source code will be available to the public (and indeed we end up with repositories like sourceforge). But to comply with the GPL you don't need to post your code on a public server: you need only make it available to the users.
    1. Re:wrong by mclaincausey · · Score: 1
      And, if my experience is any indication, the reason people picked Linux over BSD is the userland (and maybe the license): until a few years ago, the BSD kernel was better than the Linux kernel, but the BSD userland has always sucked compared to the GNU userland.
      I'm not clear on whether you mean individuals or industry here, but at the time Linux established itself, there was an ongoing lawsuit filed against BSDi. That, and only that, is why BSD, a much more stable kernel at the time, lagged behind. Industry was scared to invest in it--and who can blame them? I think the 2.6 kernel is superior now, and Linux has a critical mass of developers.

      In a way, it's a shame that a better start was scrapped by so many people, but OTOH perhaps a fresh start is what was needed. You're right though, BSD has a much slower and more methodical approach to everything, which means a comparatively crippled userland. I don't think this would have bothered industry as much as end users though. For the record, I'm a Linux user.

      --
      (%i1) factor(777353);
      (%o1) 777353
    2. Re:wrong by SillyNickName4me · · Score: 1

      And, if my experience is any indication, the reason people picked Linux over BSD is the userland (and maybe the license): until a few years ago, the BSD kernel was better than the Linux kernel, but the BSD userland has always sucked compared to the GNU userland.

      This might have been true 10 years ago, and maybe even 5 years ago, but it is definitely not true today.

      First of all, there is very little in userland programs that is available on Linux but not on BSD. Then, where there are differences between the two, they usually show a better and esp. more workable implementation on BSD. For a simple example, compare the typical ftp client you find on Linux to the ftp client you find on for example Net or FreeBSD..

      Then, the BSD userland has a much cleaner, easier to follow directory layout.

      And last but not least, in most cases, you can easily compile a Linux userland tool on a BSD and have it work.

      Now looking at the kernel, the differences are substantial in things that actually matter to end-users.
      Sure, BSDs support usb, but it is quite a hastle to make anything complex work, and don't even talk about things like full-duplex audio over usb. Where is a camera usb class? When can I start using the bi-directional connection with my printer to actually get some info from it and make its integrated scanner work? (and yeah, there is a new usb2 project to address those specific issues, but outside any of the 'official' source trees). How about wireless networking? (it is quite there now in FreeBSD 6.x, but that is really really recent)..

      Fixable? most of it probably is, but there is one, and one reason only why I have a Linux install next to lots of BSD installs here, and it is things in the Linux kernel that matter for workstation use that I cannot get at all or only at great difficulty on a BSD system.

  38. You cant change others by Anonymous Coward · · Score: 0

    He believes all software should be freely available to be modified by the public. And for him, this is nothing short of a moral fight.

    Producing a license that requires this will not make people use it. In fact, it will just make those who disagree with you avoid it, and make/use stuff under the old licenses.

    Allowing people to make their own choices ensures that both varieties of software will exist, and the market is then free to decide its degree of preference for each.

    Don't try to save the world, just give it the tools it needs to save itself.

  39. GNU/Windows? by einhverfr · · Score: 2, Insightful

    I remember when SFU shipped with the option of installing a large number of GNU tools (thus setting up a GNU environment on Windows). Does this mean that when SFU is installed in such a configuration we ought to call it GNU/Windows?

    I don't mind Stallman simply siggesting that some credit is due to th GNU project. But the idea that the GNU project can adopt the Linux kernel and then try to require that everyone refers to the agregate as GNU/Linux when other GNU environments exist without such requests (GNU on Solaris, GNU on BSD, GNU on Windows, GNU on OSX). RMS wants to say this with Linux because the GNU project decided to use the Linux kernel as the official GNU kernel (until at least HURD is released at which point, I suppose, pigs will fly).

    So I think that RMS can say what we wants but that doesn't make his viewpoint entirely fair.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:GNU/Windows? by keitosama · · Score: 1

      Even if you installed those GNU tools into your Windows system, the Windows kernel wouldn't be using those instead of the core tools Microsoft are shipping. They'd be installed, but not be required to run your OS. Is it that hard to understand? Linux ain't usable without any decent core utilities to work with.

      Your arguments are in my opinion void. The BSD systems are mostly using BSD utilities, and Debian's GNU-running systems do credit the GNU project. I assume Solaris uses the BSD utilities as well, being BSD-derivative. Nexenta, a GNU/OpenSolaris system, does give credit. No Windows system uses the GNU utilities in its core system. Mac OS X is a name for the complete operating system, not the kernel, just like Debian or Ubuntu are.

      You have missed the reason why Stallman wants people to refer to the operating system as GNU/Linux.

  40. Obligatory comment by PietjeJantje · · Score: 2, Insightful
    "He and others in his open-source camp believe that freely sharing code simply produces the best software, but if other people want to hide their code, that's fine, too."

    Like with MIT or BSD licenses?

    I don't get Linus. I don't like GPL, but as many people do like it and use it, I think there's a use for it and it's ok (that's freedom too). But Linus stated repeatedly to have picked GPL not because for "free" software, but for business reasons, so other businesses would contribute without worrying of competitors running away with the work and closing it. It is called as one of the reaons Linux is so succesful. For many, this is the sole purpose of picking GPL, not because they are hippies, but a practical choise not to be boycotted by potentially contributing companies (quite anti-hippy). So what made him change his mind and why didn't he choose MIT or BSD to begin with? These are -the- licenses if you don't mind others hiding code, exporting it to Mars, or yell it verse-like from towerlike structures towards the east, even for profit.

    1. Re:Obligatory comment by _Sprocket_ · · Score: 1
      I don't get Linus.


      It might be because you're trying to delve the thoughts and beliefs of a person based on paraphrasing of a reporter (one that sounds very much like an out-sider to Open Source at that).
    2. Re:Obligatory comment by YU+Nicks+NE+Way · · Score: 2, Insightful

      Linus adopted GPLv2 because he is in favor of reciprocity -- if he gives you something, then you need to give back. In his view, there's a reasonable level at which reciprocity should be demanded, and then a deeper level at which it should not be demanded. He believes that GPLv3 goes too far, and demands complementary gifts which exceed reciprocal giving.

      That's a perfectly reasonable position, no matter whether you agree with his line or not.

  41. This harkens back to the debate of the ages. by Anonymous Coward · · Score: 0

    What you describe is merely the decades-old "what is software freedom?" question.

    Many of us have come to the conclusion that what is needed is freedom for everyone: you can modify and redistributed the sources at will, but you can also close the source to your fork. This is the stance taken by the BSD and MIT licences, for instance. Supporters of the GPL will often suggest that this limits freedom, and further suggest that it should never be possible to close the source code to a piece of software.

    Actually, the supporters of the GPL are wrong, and are the ones limiting freedom. One still has the ability to modify and redistribute the code from before the closed-source fork when it comes to BSD- or MIT-licenced software.

    Let's do a tally:

    BSD or MIT/X11 license:
    freedom to modify: +1
    freedom to distribute: +1
    freedom to close source: +1
    freedom to modify pre-fork code after source closing: +1
    freedom to distribute pre-fork code after source closing: +1
    freedom to commercialize with opened source: +1
    freedom to commercialize with closed source: +1
    Total: 7 freedom points

    GPL:
    freedom to modify: +1
    freedom to distribute: +1
    freedom to close source: 0
    freedom to modify pre-fork code after source closing: 0
    freedom to distribute pre-fork code after source closing: 0
    freedom to commercialize with opened source: +1
    freedom to commercialize with closed source: 0
    Total: 3 freedom points

    If maximizing freedom of everyone is the goal, then the GPL clearly is inferior to the BSD or MIT/X11 licences.

    When it comes the GPL3, it appears that we are witnessing further restrictions being put in place. Frankly, there are enough questions and uncertainties when it comes to applying the GPL and LGPL, and they have been out for a decade (if not more). People will start moving towards the BSD licence, for instance, when they want simplicity and the ability just to focus on getting their work out there. They just won't want to deal with the hassle of the GPL3.

    1. Re:This harkens back to the debate of the ages. by junglee_iitk · · Score: 1

      Wow, did GPL run over your dog or something?


      I mean, no one is forcing you to use GPL. Just if you decide not to, DON'T use GPL.

    2. Re:This harkens back to the debate of the ages. by Anonymous Coward · · Score: 0

      Freedom to use the derivatives of code: GPL +1 BSD 0
      Freedom to place propriatory information without giving it away: GPL +1 BSD 0
      Freedom to use future derivatives: GPL +1 BSD 0
      Freedom to Dual license code effectively: GPL +1 BSD 0
      Freedom to protect oneself from stealth patents: GPL +1 BSD 0

      We now have a total: GPL +8, BSD +7.

      GPL wins.

  42. Fanning the flames... by Anonymous Coward · · Score: 1, Interesting

    What you describe is my understanding of what Microsoft's 'shared source'
    licenses allowed. You could look at the code, but you could already do
    anything with it all. Just about everybody in the 'open source' community
    saw that type of license as a non-starter. With DRM in the hardware, we would
    be in exactly the same situation; but for some reason this time it's okay...

  43. +1 Pedantic by Cadre · · Score: 2, Informative
    And here is way - if it was true than Microsft and Apple should be calling their software "BSD/Windows" and "BSD/OSX", since they both have lots of BSD software in them.

    Apple refers to the Mac OS X kernel as XNU. "Mac OS X" is generic enough that it encompasses the userland and kernel all at the same time.

    --
    All editorial writers ever do is come down from the hill after the battle is over and shoot the wounded.
  44. then Linus made a mistake by m874t232 · · Score: 2, Informative

    On the other is Linus Torvalds, the father of Linux. He and others in his open-source camp believe that freely sharing code simply produces the best software, but if other people want to hide their code, that's fine, too."

    If that's truly Linus's opinion, then Linus should have picked the BSD license for his kernel, not GPLv2.

    In any case, look at the relative success of the BSD and Linux kernels. The BSD kernel was much further advanced when Linux first came out, yet the Linux kernel is much more popular. At the very least, its GPLv2 license doesn't seem to have been in the way.

    And, frankly, personally I really don't care about Linus's opinion anyway; the only part Linus provides for the "Linux" operating system is the kernel. If the Linux kernel project fell apart for whatever reason, the impact on Ubuntu, RedHat, Fedora, SuSE, etc. would be small since the Linux kernel would be replaced fairly quickly.

    1. Re:then Linus made a mistake by Anonymous Coward · · Score: 0

      Linus chose GPL to protect his code, not because it was the right thing to do. The reasoning is everything behind the war between Free Software and Open Source Software.

      BSD failed to catch on due to legal issues. After the court case settled, Linux was already far ahead in user base. It had nothing to do with the license.

      Linux became popular solely because of the kernel. Before Linus, we had the GNU project, which was almost a colossal failure due to the lack of the kernel. Once Linus rolled around, he became he center of attention. You might not care, but the vast majority does.

    2. Re:then Linus made a mistake by Anonymous Coward · · Score: 0

      Linus chose GPL to protect his code, not because it was the right thing to do. The reasoning is everything behind the war between Free Software and Open Source Software.

      That makes no sense. Linus could have chosen the MIT license or something similar--such licenses were widely known and used.

      Furthermore, stop postulating that there is some sort of "war". The FSF does what they believe is in the best interest of their users, and the BSD projects do the same thing. Users get to choose which one they like better.

      And if you want BSD to become more popular, that's simple: create more drivers and a better user environment. Maybe then people will switch.

      Linux became popular solely because of the kernel. Before Linus, we had the GNU project, which was almost a colossal failure due to the lack of the kernel. Once Linus rolled around, he became he center of attention. You might not care, but the vast majority does.

      You don't know what you're talking about. The GNU utilities were in very widespread use on UNIX workstations and were a huge success. And the FSF was proceeding methodically towards the creation of a kernel; Linus beat them to it because he created a kernel that was barely capable of running GNU utilities a little earlier than GNU.

      BSD failed to catch on due to legal issues.

      The license was part of it, but that was resolved pretty quickly. BSD mostly failed to catch on because its user environment was bad compared to the GNU user environment.

    3. Re:then Linus made a mistake by websitebroke · · Score: 1

      "And, frankly, personally I really don't care about Linus's opinion anyway; the only part Linus provides for the "Linux" operating system is the kernel. If the Linux kernel project fell apart for whatever reason, the impact on Ubuntu, RedHat, Fedora, SuSE, etc. would be small since the Linux kernel would be replaced fairly quickly."

      Yeah! Anyhow! After all, we have HURD!........oh.....wait.

    4. Re:then Linus made a mistake by ultranova · · Score: 1

      And, frankly, personally I really don't care about Linus's opinion anyway; the only part Linus provides for the "Linux" operating system is the kernel. If the Linux kernel project fell apart for whatever reason, the impact on Ubuntu, RedHat, Fedora, SuSE, etc. would be small since the Linux kernel would be replaced fairly quickly.

      Why replace it, when you can just fork it and continue the development yourself, just like happened with XFree86 ?

      --

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

  45. Point of clarification by sheldon · · Score: 1
    That's a mis-characterization of Richard Stallman's viewpoint. He doesn't believe that all software source code should be available to the public. Rather, he believes that all source code should be available to the end user. There is an important difference.


    Doesn't the GPL then also say that the end-user can freely redistribute the source and binaries? Doesn't that in effect make the source available to the public?

    There are licenses which give the source code to the end-user, but don't allow for redistribution. Are these acceptable as "free" by Stallman?
    1. Re:Point of clarification by kebes · · Score: 1

      Yes the GPL specifically requires that distribution be allowed. I see what you're saying: in effect this means that any end-user can make the source public.

      But it does not mean that the end-user (or the distributor) *has* to make the source public, and that's what I was getting at.

      For instance, if you use GPL code internally in an organization, then you don't have to release the code outside the organization. Your internal users must have access to the source, but you don't *have* to release it to the outside world.

      Similarly, company A can sell GPL software (+source) to company B. Neither company is required to release the source to the public. Company B has the right to release the source if they want to, but nothing about the GPL requires them to publish the source code (unless they start selling this software to others).

      It may seem that I'm nitpicking here, but alot of people get scared off by the GPL because they mistakenly believe that they "have" to distribute the source. There's nothing illegal or immoral about using a custom GPL solution internal to a company, and you will not be required to let your competitors "see" your custom changes to the code...

    2. Re:Point of clarification by LocalH · · Score: 1
      For instance, if you use GPL code internally in an organization, then you don't have to release the code outside the organization. Your internal users must have access to the source, but you don't *have* to release it to the outside world.

      No, but your internal users can, and there's nothing you can do to prevent it, legally speaking. And if you modified that code, then the source to those modifications must be released as well.
      --
      FC Closer
    3. Re:Point of clarification by Sr.+Zezinho · · Score: 1

      Your internal users must have access to the source

      No, the company is the legal entity using the software, any internal use is not redistribution. There is only one user in this scenario, the company. But IANAL...

      --
      os trabalhos e os dias: http://zmoreira.net
    4. Re:Point of clarification by femto · · Score: 1

      No.  The GPL says if the end user distributes a binary, they must distribute source with it.  The
      end user is free to refuse to distribute the binary AND the source.  For example, a person
      might do this if they add a confidential extension which they use themselves and don't want
      a competitor to use.

      Here is the GPL "truth table"

      Distribute  Distribute    OK under
      binary      source        the GPL
      no          no            yes
      no          yes           yes
      yes         no            no
      yes         yes           yes

      As an aside, here is the Microsoft truth table

      Distribute  Distribute    OK under
      binary      source        the MS EULA
      no          no            no
      no          yes           no
      yes         no            no
      yes         yes           no

    5. Re:Point of clarification by Anonymous Coward · · Score: 0

      Correction

      Distribute  Distribute    OK under
      binary      source        the MS EULA
      no          no            yes
      no          yes           no
      yes         no            no
      yes         yes           no

      I should also point out that the truth table
      applies to the end user, not MS itself.

    6. Re:Point of clarification by sheldon · · Score: 1
      But it does not mean that the end-user (or the distributor) *has* to make the source public, and that's what I was getting at.


      Yes, but you can't stop them... so effectively that point is nullified.

      Now Tivo has gotten around this by using a proprietary mechanism to keep you from reinstalling your own modified version back on their hardware. Redhat has gotten around this by enclosing their own non-GPL licensed customizations in their Linux distribution which prevents you from redistributing the product as a whole.

      But these are the loopholes which GPL v3 is trying to correct.

      So I'm not quite certain how the statement regarding Stallman is unfair. It looks to me as the claims that it is not is nothing more than doublespeak.

    7. Re:Point of clarification by anandsr · · Score: 1

      Neither can the internal users. They are employees of the company, and when they are using the software they are part of the company, they are not independent entities. They have to respect whatever employee rules the company has asked them to follow. The employees cannot claim that they have the right to send the software outside the company. Because they will not even be allowed to use the said software outside their office. It is not they that are the user, it is the company that is the user.

    8. Re:Point of clarification by anandsr · · Score: 1

      Redhat is not using a loophole. What they are insisting on is that if you use their code, you can sell them, but don't call it Redhat linux. They have a reputation to keep if you could call modifications to their distribution, as Redhat, then you could discredit them by putting trojans in the code, and they will be liable. It is simply protecting themselves from liability. You should know that many distributions have been based on Redhat, most notably Mandrake.

  46. Social reform by Epeeist · · Score: 1

    > You really can't/shouldn't make software/licenes a moral warfare or a means for social reform.

    So what do you think the proprietary vendors, RIAA, MPAA and their ilk are doing? Remember what the point of copyright was and what these organisations are attempting to do with it now.

    1. Re:Social reform by ScentCone · · Score: 1

      So what do you think the proprietary vendors, RIAA, MPAA and their ilk are doing?

      Come on, now. You have total freedom of choice when it comes to purchasing, or not, the work created by an artist who happens to have employed a record label (that happens to be a member of that trade association) to handle their business chores, and implement (or not) DRM or other mechanisms on the distribution of their creative work. All you have to do is not be a customer of that artist.

      If you so disapprove of their choice of business partners, and that artist's thought process and personal ethics, why is it that you want them to be your entertainment? It's simple: just walk away, and go over to another artist that isn't worried about having a third party tackle their revenue and checks for them, etc. Or, only get your music from performances at bars - whatever you like. But it's not "moral warfare" for an artist to have a professional company taking care of legal, accounting, marketing, distribution, promotion, travel, technical and other tasks for them. And if you think it is, you really don't have to worry about it, because surely no one who participates in that business cycle is going to interest you as an artist anyway, right?

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Social reform by Hope+Thelps · · Score: 1
      You have total freedom of choice when it comes to purchasing, or not, the work created by an artist who happens to have employed a record label

      So surely you have 'total freedom of choice' as to whether to use GPLd code or not too.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    3. Re:Social reform by ScentCone · · Score: 1

      So surely you have 'total freedom of choice' as to whether to use GPLd code or not too.

      Yes, I do. But guys like RMS are doing their best to create a generation of technical people that see only socialized/communal-economy frameworks as valid, and everything else as Teh Evil(tm).

      I don't have to fuss over whether I use GPL'd code or not in order to grasp the message that a guy like RMS preaches. Linus is the rational one, here. RMS is imagining a fantasy of idyllic everyone-is-equally-good-at-creating scenario that can only feel warm and fuzzy in a world where the underpinnings of the entire tech scene (things like giant, $40 hard drives or $200 20-inch flat panel displays) only exist because of ruthless, private, capitalist competition to produce the best thing for each market segment at the lowest possible price. His idealogy gets to float around on top of the very thing that he claims to loathe, and that batch of mixed premises is what makes him come across like such a loon to so many other people.

      I don't always agree with Linus on everything, either, but these are two different camps, and one is more connected to reality than the other.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:Social reform by civilizedINTENSITY · · Score: 1

      It isn't just about purchasing or not purchasing a piece of copyrighted work. It is also about organizing to attempt to get current laws back in tune with the original intent of copyright. The real question is how much does the public benefit from pretending that psuedo-property is property? The real problem is that people have started to believe that these are rights akin to those of property rights. To suggest that purchasing or not purchasing is the sum total of involvement is to buy in to the worldview to the point that it isn't possible to ask, "Is this still working? Is this fair? Should we modify copyright law?" What would be the effect be of keeping copyright pretty much as it is now, for instance, but limiting it to one year? At what interval would the public most benefit?

    5. Re:Social reform by civilizedINTENSITY · · Score: 1

      Speaking of connected to reality, you do see the difference between physical objects such as hard drives or flat panel displays and software, yes? That difference is cruical to understanding the arugements in play here.

    6. Re:Social reform by ScentCone · · Score: 1

      Speaking of connected to reality, you do see the difference between physical objects such as hard drives or flat panel displays and software, yes? That difference is cruical to understanding the arugements in play here.

      I understand the differences, as well as the similarities. Innovation through competition isn't peculiar to hardware, or software, or services, or consulting, or much of anything else.

      Competition creates change and exposes weaknesses and strengths beyond typos in the code. There is competition between Linux distros, too (which makes me happy about Linus's take on things, relative to RMS's), but only a few have the financial pressure to really do what the heavy commercial users need: Red Hat, Novell, etc.

      To lecture those that choose to use a more proprietary model about how all code ought to be public domain (a la RMS's various ramblings) isn't any different than arguing that people who make flat panel displays should place their trade secrets, manufacturing management techniques, etc., out in front of their competition to benefit (without spending money) from all the money the originator invested in creating it in the first place. There is no difference. If someone wants their code to be seen, shared, improved, etc., by other people, that's fine. Just like a hardware design and manufacturing entity can do the same... though they'd generally be nuts to do so.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:Social reform by civilizedINTENSITY · · Score: 1

      The purpose of copyright law is to maximize the amount of public domain material. Current trends to repurpose copyright as a fundamental right, as though it were actually property, fly in the face of this intention. You state, "I understand the differences, as well as the similarities." I sure don't see that in what you type.

    8. Re:Social reform by ScentCone · · Score: 1

      The purpose of copyright law is to maximize the amount of public domain material.

      But you're not really stating that correctly. The purpose is to motivate the creation of more material, for a richer creative landscape that the public can enjoy. That's not the same as "public domain." Ultimately, it becomes public domain. But it's not being created FOR public domain, it's being protected for use by the artist as the artist sees fit. For a while, anyway. Yes - reasonable people can and should debate how many years is rational, in terms of retaining your rights to your own work. If I spend the last five years of my life creating something of great value, as an asset for my family, and I get hit by a bus, I'd expect them to have control of it in my stead for some period of time. 100 years or so? Probably not. But if it's valuable to have more people creating, then copyrights specifically help in that regard.

      --
      Don't disappoint your bird dog. Go to the range.
    9. Re:Social reform by civilizedINTENSITY · · Score: 1
      But you're not really stating that correctly. The purpose is to motivate the creation of more material, for a richer creative landscape that the public can enjoy. That's not the same as "public domain."
      Actually I was stating it correctly. Historically, it has been for the establishment of material in the public domain. It is a recent occurance that the legal fiction of pseudo-property has entrenched itself enough to claim natural rights (as in real property). This has occured due to the persuassion of copyright owners, who wish to extend as far as possible the incentives originally granted (as a legal fiction). A pro-Eldred v. Ashcroft article at Duke Law & technology review begins this way:
      In regards to copyright the U.S. Constitution states: "Congress shall have the power . . . to promote the Progress of Science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." The intellectual property clause was added to the Constitution because of the recognition of the importance of balancing both an author's interest in protecting their creative works with the public interest in maintaining a method by which those same works could enter the public domain.
      What is disturbing about the trend is reflected (also at the top of the page) thus:
      It was also an accurate ruling because, under either a natural rights or property theory, copyright deserves infinite protection. The ruling has furthermore strong foundations because the CTEA is within the boundaries of both Constitutional limitations and Congressional intent, and its addition of the fair use exception accomplishes many of the same objectives that would be realized by allowing the work to fall into the public domain.
      At least one problem with this is that DRM prevents the fair use exception. If I purchase a DVD player for my computer, and I purchase a DVD, I can't legally bypass the simple encryption to watch my DVD on my DVD player on my computer. When the copyright expires, I still can't. DRM is forever, and thus fair use disappears.

      The original intent was, and historically the interpretation had been, that the purpose of copyright law was to increase the amount of material entering the public domain by providing artifical incentives (the "it's being protected for use by the artist as the artist sees fit", to which you refer).

      The idea that there is a natural right associated with those things that are under copyright surely seems to fly in the face of the "securing for limited times", because natural rights do indeed deserve "infinite protection". While they didn't have it, it was obvious they were artifical and not natural rights. As they move towards achieving infinite protection, they might as well be natural rights...as wrong as that appears to be. When something is taken away from the public "for their own good", it isn't all that surprising that the good disolves away, too.
  47. Good summary for a mindless Bizweek article. by twitter · · Score: 4, Insightful

    The two biggest sticking points are patents and digital rights management. HP's objection is a part of the license that says anything touched by GPL code becomes open source. In other words, if a company bundles its hardware with open-source software and ships it to customers, it surrenders rights to enforce patents.

    The author of the article has confused a lot of old FUD with the issues dug up by Tivo. Patens and DRM are the focus of GPL 3 because they undermine the intentions of the GPL. The enemies of free software have bought a lot of bad legislation and piles of bogus patents. That's why a change in the GPL is happening. Let's keep looking.

    When Stallman says "free" he doesn't mean price, he means freedom. He believes all software should be freely available to be modified by the public. And for him, this is nothing short of a moral fight. On the other is Linus Torvalds, the father of Linux. He and others in his open-source camp believe that freely sharing code simply produces the best software

    It's amazing how the copyright warriors can be so heavy about author intentions and control of work on one hand and then so completely misrepresent this issue on the other. The issue that GPL 3 is trying to fix is best represented by Tivo. Tivo runs GPL'd software and the makers have enjoyed great quality and savings by doing that. The problem is that they have managed to completely thwart all of the GPL's and the software author's intentions with DRM. Tivo will give you a copy of the source code for their device. You can compile it but you can't run it because Tivo locked the hardware with software keys. It won't run your changes. This might not seem like a big deal to people who are used to non free video boxes, until they realize that the Tivo is not very different from any other computer. Without GPL 3, non free software companies can freely use the entire GPL codebase but lock out their users worse than Bill Gates ever imagined. This is an issue that the copyright warriors can't win if they pretend any respect for the author.

    I suppose that's why the specter of "big business" is brought up. IBM, Chrysler and others can tell you there's nothing anti-business about the present GPL. They are making and saving tons of money without stepping on their users or the authors of the software they use. When you drop user rights and author rights all you are left with to argue is "non free is better for business" which is something few people will believe.

    --

    Friends don't help friends install M$ junk.

  48. Re:Here's the newsforge article, plus 2 other link by albalbo · · Score: 3, Insightful

    I love how you spin that, "they cannot force me to give up my *private keys*!!"

    Let's look at it the other way. Should people be able to put restrictions on the users of free software, which effectively prevents them from taking advantage of the rights that the license gives them?

    If you like the Apache 2.0, that's cool. If you like the GPL 2.0, that's also cool. What's uncool is taking software someone else wrote under something like the GPL v3, and removing the rights that the author has provided to end-users. That's like someone taking software under Apache 2.0, but not giving the end-users the patent grant, so that they are unable to defend themselves to patent claims.

    --
    "Elmo knows where you live!" - The Simpsons
  49. Underestimating relevance by Todd+Knarr · · Score: 5, Interesting

    I think BW underestimates the relevance of the FSF. Yes, Linux uses GPLv2 only. Yes Mozilla uses their own license. But if you look at the basic toolchain that Linux, Mozilla and the like use, the majority of that infrastructure's copyright rests with... the Free Software Foundation. Use GCC to compile? Depend on Bash, flex, bison? They'll be moving to GPLv3. Even something as basic as grep, chances are if you're on a Linux system you use the FSF's version of it.

    It's also going to depend on developers, not companies (unless those companies are also the developers and copyright holders on the programs). I'd note that one of the tipping points for the GPL was when people started to find GPL'd software in commercial products which the code owners themselves were locked out of by lack of source code. I think the same pattern will repeat, with the GPLv3 being RMS-only for a bit and then it'll pick up steam when a few high-profile developers want to modify a neat device and find they're locked out of modifying their own code by DRM.

    That said, it's unlikely the Linux kernel will ever move to GPLv3 regardless of what Linus thinks simply because of the infeasability of contacting every copyright holder. It's been mentioned as a protection: there's so many copyright holders no company (say, Microsoft) could get authorization from all of them to put their release of the Linux kernel under a more restrictive license. The same thing applies to any contemplated change to GPLv3.

    1. Re:Underestimating relevance by asr_br · · Score: 1
      That said, it's unlikely the Linux kernel will ever move to GPLv3 regardless of what Linus thinks simply because of the infeasability of contacting every copyright holder.
      That's not true. GPLv2 is compatible with GPLv3 (IOW, you could use GPLv2-code on GPLv3 applications). Developers just have to start using GPLv3 for any new contributions and there you are: starting from that version, you have an GPLv3 application.
    2. Re:Underestimating relevance by bcrowell · · Score: 1

      Use GCC to compile? Depend on Bash, flex, bison? They'll be moving to GPLv3. Even something as basic as grep, chances are if you're on a Linux system you use the FSF's version of it.
      A Tivo doesn't need flex or bison inside. Anyway, tools like flex, bison, and grep are relatively mature, and a switch to GPL3 would just encourage people who didn't like GPL3 to freeze at the last GPL2 version. Gcc is a development tool, and end-users don't even have it installed on their machine. (It's not installed by default on either MacOS X or Ubuntu, for example.) You can use gcc to write completely proprietary software, and the license is irrelevant. In a lot of cases, vendors could just choose to switch from the Gnu version of a certain tool to the BSD version, e.g., from gmake to BSD make.

    3. Re:Underestimating relevance by fritsd · · Score: 1
      That's only with the standard clause
      "...either version 2 of the License, or (at your option) any later version."

      But, the linux kernel has a modified GPLv2 that is "pinned down" to GPLv2:
      "This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 dated June, 1991. "

      So in this (special) case the GP is right.
      I wonder if there is much more software that says specifically GPLv2 (and not any later version)?
      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    4. Re:Underestimating relevance by g2devi · · Score: 1

      > That said, it's unlikely the Linux kernel will ever move to GPLv3 regardless of what Linus thinks
      > simply because of the infeasability of contacting every copyright holder.

      Actually, it is feasable, just not right away. Linux currently allows BSD licensed files to exist in Linux that allow code to be shared with *BSD. If Linus allowed GPLv2 (or above) files, then any new author could add GPL v2 (or above) code any any existing author could relicense under GPL v2 (or above). Note, that very little of the original Linux 1.x code (that is not also in *BSD) is still around anymore, so if most of the Linux developers were interested in moving to GPL v2 (or above), then most of the Linux kernel would be relicensed within a few years. Once that happens, if people decided to jump to GPL v3, the remaining parts could be rewritten.

    5. Re:Underestimating relevance by anandsr · · Score: 1

      Readline library is also a great library which will cause many projects to think strongly of whether to use GPLv3.
      I agree with you totally it will start slowly. GPL took about 5 years to get into the minds of developers, and then Linux helped to convert that into a snowball. Now the time of the kernel is gone, it is just a part of the infrastructure. Now we need another killer app that will propell GPLv3 to another dimension. What will it be we have to see. I think it could be anything. We will have to wait and see.

  50. We have a good idea about what the GPLv3 will be. by Anonymous Coward · · Score: 0

    No, sir. I am from the present-day, where serious developers need to take into account licensing. If we don't consider our options now, we will run into problems tomorrow.

    All developers and project leaders/maintainers have, I would hope, read the GPLv3 drafts. We should have a pretty good idea about what it will contain, and how it will affect us. The final product does not matter much at this point. What does matter, however, is the direction in which the license is going. And it is a direction that many of us dislike.

    We have real-world concerns. We are trying to use open source software in production environments. Put simply, we can't deal with ambiguous, overly-complex licenses for our open source projects. We're much more inclined to release our code under the BSD or MIT licenses just because we can understand them without having to get a complete legal background. And it gives us (and others) the additional freedom to profit from our work, should we choose to do so.

    Of course the GPLv3 isn't finalized yet. But we can't sit back and do nothing at the point. We need to analyze what they have presented so far, and see if it fits in with what we need. If it does not, we may need to discard it. If it does, we can go ahead and use it once it's done. But from everything we have seen so far, the GPLv3 will be a massive disaster. Those of us who see it coming have decided to move to alternative licenses.

  51. law versus license by stites · · Score: 3, Interesting

    One of the problems that we are having with creating GPL3 is that a license is not a very effective way to solve the DRM and software patent problems. DRM and software patents are embedded in the law. When there is a conflict between the law and a license then the law takes precedence. So GPL3 does not have much maneuvering room to solve the problems that DRM and software patents cause Open Source.

    I agree with Richard Stallman's efforts to put clauses in GPL3 to alleviate the DRM and software patent problems. However, I don't have much hope that these clauses will be very effective.

    I think that a much more effective course of action is to try to change the laws on DRM and software patents. I think that we should lobby governments all over the world to abolish software patents. In the case of DRM I think that the DRM copyright protection should be legal but that the DRM laws should not contain clauses making it illegal to create software or hardware which can copy DRM protected material. The act of copying copyrighted material should be illegal but the act of creating a copying machine should be legal.

    -----------------------
    Steve Stites

    1. Re:law versus license by TheUser0x58 · · Score: 1

      When there is a conflict between the law and a license then the law takes precedence.

      sort of... the GPL explicitly states that being legally unable to comply with its provisions doesnt exempt one from those provisions. If you cant legally comply with the GPL than you dont get to distribute derived works.

      --
      -- listen to interesting music, support independent radio... WPRB
    2. Re:law versus license by anandsr · · Score: 1

      Actually the GPLv3 is not an attempt to solve the DRM problem. It is a just a bug fix to the previous GPLv2 which allowed malicious companies to use free software and make it unfree using DRM. That is all. It is not a solution to the DRM problem, for that you indeed have to try to change the laws. But atleast the companies will not be able to use Free Software for implementing DRM. If they have to use DRM they should get to write buggy (and easily hackable) software for it. They should get no help from the superiour Free Software.

  52. Re:Here's the newsforge article, plus 2 other link by squiggleslash · · Score: 2, Interesting

    The only thing I can find about keys simply states that you have to give up whatever keys are needed to install modified versions of the software.

    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.) A key need not be included in cases where use of the work normally implies the user already has the key and can read and copy it, as in privacy applications where users generate their own keys. 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.

    Torvalds may feel it's a terrible infringement of TiVo's freedom not to be able to lock their hardware to specific, TiVo signed, versions of the kernel he co-develops with thousands of free software developers, but personally I remain puzzled. Arguments like "But someone might make something that only runs copies of software signed by Linus" do not make a lot of sense. If Torvalds is doing it, he needs to knock it off. If someone else does it, then they're going to have problems distributing Linux to end users anyway, as they - not Torvalds - will be in breach of the license by not making the key available. The easiest way to stay compliant is make hardware where the requirement for a key is easily enabled and disabled by the end user. Which is how it should work anyway, whether it's free software or anything else.

    These changes strike me as well within the spirit of what the GPL is trying to achieve. They ensure maximum freedom for the receiver of the software. They do not grant "freedom" to restrict the freedom of others. If you object to it, the chances are you disagree with the principles that the GPL stands for anyway, and there are certainly alternative licenses, the BSD and X11 licenses being the most obvious, that will get you where you want to be.

    --
    You are not alone. This is not normal. None of this is normal.
  53. absolute freedom by Alzheimers · · Score: 1

    There is nothing more liberating than being able to tell someone else No.

  54. Stop the insanity! by Sax+Maniac · · Score: 4, Insightful
    When Stallman says "free" he doesn't mean price, he means freedom.

    ARRRGHGHGHGHGHH!! If I read this once more I'll puke. Why doesn't the FSF rename itself to the Freedom Software Foundation and stop explaining it over and over and over and over and over and over...

    --
    I can explanate how to administrate your network. You must configurate and segmentate it, so it can computate.
    1. Re:Stop the insanity! by haeger · · Score: 1
      Because then all americans would think that it's french.


      .haeger

      --
      You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
    2. Re:Stop the insanity! by 10101001+10101001 · · Score: 2, Interesting

      When Stallman says "free" he doesn't mean price, he means freedom.


      ARRRGHGHGHGHGHH!! If I read this once more I'll puke. Why doesn't the FSF rename itself to the Freedom Software Foundation and stop explaining it over and over and over and over and over and over...


      RMS is on a crusade to frame the argument in the words of his choosing. By doing so, he is making it so that when you hear him or others like him speak, you will remember the context in which he speaks. By this, he can be assured that others cannot distort what he is trying to communicate. And if that communication also ends up making people evaluate just how much freedom is in their free-as-in-beer software, then perhaps people will be more open to considering what the FSF and GPL have to offer.
      --
      Eurohacker European paranoia, gun rights, and h
    3. Re:Stop the insanity! by gg3po · · Score: 1

      I've thought about this a bit, and I think "free software" in English should change its' name to "Freedomware". It satisfies the need to keep freedom in the name (unlike "open source") and removes the confusion over the dual meaning of "free". Incidentally, there is no problem in other languages like Spanish where "software libre" is instantly understood.

      --
      ---
    4. Re:Stop the insanity! by sacrilicious · · Score: 1
      Why doesn't the FSF rename itself to the Freedom Software Foundation and stop explaining it over and over and over and over and over and over...

      Because then the explanation would simply transform to being about the difference between "freedom to modify" vs "freedom to obtain without paying".

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    5. Re:Stop the insanity! by chris.evans · · Score: 1

      well, ppl should be able to modify software to fit their needs but the the origanial author(s) rights still need to be acknowledged in the take it all and give nothing back world.

  55. wrong by m874t232 · · Score: 1

    The OS *is the kernel*.

    If you look at the documentation of the UNIX operating system and the POSIX standard, the kernel interface is only a small part of it.

    "GNU/Linux" is just RMS ego-stoking - you don't *have* to use the GNU utilities with the Linux kernel.

    What matters in practice is why people use "Linux", and I can tell you: it's not for the kernel. If, for some reason, the Linux kernel stopped being available tomorrow, all the "Linux" distributions would switch to the BSD, Darwin, or Solaris kernel and the impact would be negligible.

    And, if my experience is any indication, the reason people picked Linux over BSD is the userland (and maybe the license): until a few years ago, the BSD kernel was better than the Linux kernel, but the BSD userland has always sucked compared to the GNU userland.

  56. Re:That same old myth - the problem is... by Anonymous Coward · · Score: 0

    ...that yes, some businesses can make a profit via a service based business model. But they are generally LARGE businesses, where the infrastructure can support it load.

    A small business (think one or two software developers with a good idea who write a great product) may not be able to do this. They could make money SELLING the product (with limited or no support - which is where open source helps) but don't have the wherewithal to actually concentrate on SUPPORT as their money maker. The GPL discriminates against such a scenario.

    And MOST users could, as many folks have noted over and over, care less about modifying the software they've obtained... ...they often don't have the training; the time; or the inclination, all they want is for what they have to work, and to do what they need it to do.

    The GPL just isn't useful in that scenario.

    But I don't see that as a 'problem'; per se. All one needs is a license that allows the user, or someone hired to do so, modify the code *IF THEY WANT TO*.

    The objectionable part of the GPL isn't the specification of freedom to modify, or even the requirement to distribute source if you distribute changes, it's the requirement that *IF* you modify and then distribute (sell) a product, then YOUR CHANGES (not just the code that they were based on) are automatically included as GPL as well. THAT's why some folks call it 'viral'. Most OTHER licenses only address the original starting code; and, while they apply to whatever remains of that code in the resultant 'work'; they don't apply to the modifications - the developer/programmer of that modification can decide on their own (in perfect freedom) how they want to license the modifications...

    So in essence, the GPL is a 'code grab' in reverse of all future enhancements... ...rather than a 'code grab' of base code. And often the future enhancements are the more valuable. That's what is so inexplicable to most of us... ...why it's 'bad' for follow ons to 'grab code'; but good to do so 'upfront'; so to speak. The 'rights' to determine code usage should belong to the writer of each code segment; not just the original contributor. I see no particular problem in being able to have the end user obtain, for example, the base Linux from some source as GPL; and yet be able to 'sell' - with or without support, source, further distribution rights, or whatever - at my choice and that of the end user (by buying or not) enhancements that can be added (via modules, source updates, or whatever) after that base is installed.

    THAT's why some of us disapprove of the GPL - it actually removes some freedoms, while appropriating others to itself that really should belong to individual contributors.

  57. 2 vs 3 by XenoPhage · · Score: 2, Insightful

    I'm definitely no lawyer, and I sometimes have a hard time following all of the crazy language used in licenses, so please bear with me. I'm looking for correction here.. :)

    As I understand it, the GPL in it's current form (v2) allows for modifications to the existing code if, and only if, that code is then posted with the same license. Correct? However, if you're using it for yourself, then there's no need to post the source unless you want to. You are limited, however, in that you cannot re-distribute it without the source.

    Oh, that's all well and good. I have no major problems with that. Let's move ahead a little. Can I use a GPLed library as a dependency for my closed-source program? For instance, let's say that I write a new compression program. Instead of re-inventing the wheel, I use a gpl gui toolkit to create the front end. I have not modified the source of the toolkit at all, just used it to create my front end. Do I need to distribute the source code for everything then? I don't think this is a derivative work of the toolkit as I'm not modifying the toolkit in any way. And the compression code was created from scratch by me. So am I free to sell binaries?

    How about another example. If MS actually ports Office over to Linux, do they need to open source it? Don't they need to depend on certain libraries to make everything work, or re-invent the wheel just to avoid OSS licensing?

    How does v3 deal with this? Are any of these "liberties" changed? I'd love to see a concise list of things you can and cannot do using the GPLv2 and GPLv3 licenses...

    --
    XenoPhage
    Technological Musings
    1. Re:2 vs 3 by Anonymous Coward · · Score: 0

      You'll never get a consise answer to this about v2. Pretty much because the people who wrote is aren't lawyers either and there are enough inherent contradictions that the entire license could probably be invalidated if it was actually presented to a court.

      Hopefully v3 addresses this specifically, regardless of which way they chose it should be clear.

      http://www.fsf.org/licensing/licenses/gpl-faq.html #IfLibraryIsGPL

      That sounds clear, but it is an interpretation of the license not the actual license itself.

      Mostly that's why people interested in Free Software use a BSD or MIT license and people involved in commercial development stay away from the GPL. The GPL isn't anything but a soapbox for people like Eric Raymond and Richard Stallman. The limousine liberals of the software world.

    2. Re:2 vs 3 by Anonymous Coward · · Score: 0

      The current line between a GPL violation and non-violation is static linking. If you static link GPLd code, you're a derivitive and you must redistribute if you redistribute the static linked product. If you dynamically link, you're not a derivitive -but- you are exploiting verbiage. The craftier folk out there write a GPLd wrapper that dynamically loads their non-GPLd code from a GPL program, voila, technically no GPL violation, but a moral violation if you ask me. To answer the MS Office question, if MS uses GTK or QT, then no. because neither are GPL. Apps rarely link statically to the kernel sources. Rather, they link against glibc for file i/o etc which is licensed under the LGPL, thus no redistribution of source is required.

    3. Re:2 vs 3 by Todd+Knarr · · Score: 1

      Actually all your questions are answered by the basic question you need to ask of copyrighted works: does any GPL'd code physically appear in the work you distribute? If the answer's yes, then the GPL applies to that work and you need to release your code. If the answer's no, then it doesn't and you don't. Note that in most cases if you link to a library some of the library's code will appear in the resulting program. This is why the LGPL was created, to allow the minimal code needed to use a library to be included (as in dynamic linking) without triggering the GPL conditions unless the body of the library itself is also physically included (as would happen with static linking). Whether you modify the toolkit or not doesn't matter, only whether it's copyrighted code appears in the work you're distributing. Remember, if you can distribute the toolkit's code in violation of it's license simply because you didn't modify it, then anybody else can distribute your code in violation of your license as long as they don't modify it. That would sort of kill your ability to make a profit, wouldn't it?

      As for Office on Linux, that wouldn't need to include any code that's under the GPL so there'd be no reason to open-source it. If you want to see an analysis of what's changed between GPL v2 and v3, visit the FSF's Web site and read their annotations of the changes.

    4. Re:2 vs 3 by Anonymous Coward · · Score: 0

      If it is GPL'd, no. Qt is GPL'd and you need to buy a non-GPL license from TrollTech to make a non-GPL application with it. AFAIK, the Gtk (Gnome) stuff is LGPL, so is not under discussion. MS would either have to pay for a Qt library or use Gtk.

      This doesn't change from GPL 2 to GPL 3.

    5. Re:2 vs 3 by XenoPhage · · Score: 1

      does any GPL'd code physically appear in the work you distribute?

      Interesting. Do you mean function calls? So if I use a toolkit that has something like renderSquare(blah blah) in it, and I call that function from my code, then is that a physical appearance?

      This is why the LGPL was created, to allow the minimal code needed to use a library to be included (as in dynamic linking) without triggering the GPL conditions unless the body of the library itself is also physically included (as would happen with static linking).

      Yes, but if the library was created under the GPL, you can't change that license to LGPL. So you're essentially screwed and need to find a different library. However, the object here is to use your library for support, not as a selling point. I obviously need some sort of a GUI toolkit to make my program work in a windows environment. But, the program itself isn't the gui, it's the compression algorithm, or game, or whatever. The supporting libraries are only there for basic presentation.

      I guess this is a two edged sword. On one hand, you create the library to distribute for others to use. On the other hand, you don't want people making money off what you've created. I think this is a tough area that needs to be clearly defined in the license. Is this allowed, or no.

      I don't have anything being developed commercially, and I don't have plans for this. But, I can definitely see a reason to allow dynamic linking without encompassing that program with the GPL. Multiple libraries that do the same thing can get confusing, and can gum up the system. More resource usage is probably the primary reason not to have 10 libraries on your computer that draw a square. I know it still exists regardless, but the rationale for keeping the number down exists. So, if I want to buy a piece of commercial software, say something like Turbo Tax, or even Office, then I want something that will use the existing libraries I have. I don't *need* this to be open source software as a mere user. I just want a resonable expectation that this new piece of software isn't going to use up all my resources because of a silly licensing problem.

      I love open source and I do a lot with Linux. But a licensing restriction like that isn't necessarily something I could live with. Yeah yeah, choose another license...

      --
      XenoPhage
      Technological Musings
    6. Re:2 vs 3 by Todd+Knarr · · Score: 1

      Interesting. Do you mean function calls? So if I use a toolkit that has something like RenderSquare(blah blah) in it, and I call that function from my code, then is that a physical appearance?

      Yep. The function declaration from the header file produces a small amount of literally-copied code in your executable that comes from the library. Same thing with constant definitions and macros and such. It's minimal, but it's there. It's also fairly critical, your program won't work without it without a lot of reworking. This is why the major GUI toolkits are all under either the LGPL, a BSD-style license or are dual-licensed under both the GPL and a commercial license. I don't think the whole matter needs addressed in the license because it's already clearly addressed in copyright statute and case law. A license need address only those things that aren't addressed by law or that the creator wants to have handled differently than the law's default.

      Whether a library's usable under the GPL or LGPL isn't, I'm afraid, up to you. It's up to the library's creator. You'll have to do what you do with any software, free, open-source or commercial: compare what's allowed by the license against what you want to do and decide whether the software's valuable enough to justify accomodating it's license terms. For most users of open-source software it's not an issue because all the software's open-source and there's no license conflicts. Different software uses different versions of libraries, but there's not usually major problems having 3-4 different libraries co-exist and the worst-case condition still leaves 80+% of the drive free.

    7. Re:2 vs 3 by Anonymous Coward · · Score: 0
      You'll never get a consise answer to this about v2. Pretty much because the people who wrote is aren't lawyers either and there are enough inherent contradictions that the entire license could probably be invalidated if it was actually presented to a court.

      Riiiiggggghhhhtttt.... IHBT, just not very well.

    8. Re:2 vs 3 by LocalH · · Score: 1
      On the other hand, you don't want people making money off what you've created.

      Too bad, the GPL allows this as long as source is also redistributed and no additional restrictions are in place.
      --
      FC Closer
    9. Re:2 vs 3 by Sloppy · · Score: 1
      Can I use a GPLed library as a dependency for my closed-source program? ... How does v3 deal with this?

      No license can define what derivative works are; that is a matter of copyright law. (So, to answer your last question: GPL3 changes nothing.) Your question will have the same exact answer, whether the library is GPL2, GPL3, BSD, or proprietary.

      And that's how you figure out the answer, without having to hire a lawyer. There are countless non-Microsoft applications out there, which call Windows APIs. Some of these programs are direct competitors with MS applications, so if calling someone else's routines satisfied the definition of "derivative work" then Microsoft would have sued most Windows developers by now. They haven't.

      That said, you will hear some people explain that static linking vs dynamic linking makes a difference. They're right, because when you static-link your application with someone else's library, you distribute library code with your application (the executable file contains both your code and their code). That's clearly a derivative work (and copyright violation unless you have permission). So it's not really calling libraries, it's about whose code you end up shipping.

      Thus, you can use a GPLed UI library with your proprietary application. Just don't bundle them.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  58. HURD will never be out by einhverfr · · Score: 2, Insightful

    When a any group tries to build a big and professional project for thier first release, it almost always fails. The thing to do is build a minimal functional version and then go from there. The name HURD says it all. (A Hurd of UNIX Replacement Daemons)

    --

    LedgerSMB: Open source Accounting/ERP
  59. Re:Here's the newsforge article, plus 2 other link by einhverfr · · Score: 2, Interesting

    The issue in my view is different. This is not about Tivo-- they just happen to be in the crossfire.

    The GPL v2 ensures that anyone else can build a more Free version of the Tivo-- one that would still appeal to the Tivo user base and still provide those who like to hack the box an ability to do so. Thus the GPL v2 makes Tivo's choice simply bad for business.

    Quite frankly I don't think anyone cares what Tivo does on this matter. That is right-- nobody really cares because anyone can go out and install Tivo's kernel on other hardware platforms even if you can't use their hardware.

    The real problem though is in the fear that large media companies will force users to stick with approved version on approved hardware. This is, I believe, an existential threat to open source.

    I still don't like the GPL v3 for other reasons (the ability to add certain other restrictions such as source distribution to a user over a network connection by the software itself).

    --

    LedgerSMB: Open source Accounting/ERP
  60. Free is Free by jav1231 · · Score: 2, Insightful

    It's nice for RMS to quantify his position by saying "By Free I mean Freedom" but the end result is the same. Perhaps someone can post a time when Richard said, "Yeah, the price on this software is just right" and there is actually a dollar amount specified. The truth is, there's a need for paid software. Paid for software produces some good stuff. It's not the endall but it has a right to exist. It feeds a fundemental human need, to be compensated. Glory alone is not a system of compensation and never will be.

    1. Re:Free is Free by Anonymous Coward · · Score: 0
      It's nice for RMS to quantify his position by saying "By Free I mean Freedom" but the end result is the same. Perhaps someone can post a time when Richard said, "Yeah, the price on this software is just right" and there is actually a dollar amount specified. The truth is, there's a need for paid software. Paid for software produces some good stuff. It's not the endall but it has a right to exist. It feeds a fundemental human need, to be compensated. Glory alone is not a system of compensation and never will be.
      That's my rebuttal.
    2. Re:Free is Free by Sloppy · · Score: 1
      It's nice for RMS to quantify his position by saying "By Free I mean Freedom" but the end result is the same.

      Trust me, if you want me to add a feature to Linux (or gcc or whatever), I will charge you for my time. Software can be free at the same time that labor is not. Nobody is suggesting that workers need not be compensated, that glory is all they need.

      The catch is that I'll probably only get to charge once for my work. If someone else asks me for the same feature that you did, I could try to charge them for the same 16 hours of work (while only spending 5 minutes applying the same patch that I gave you) but you will be able to underbid me, because you have the same patch. The net effect is that we'll get in a bidding war down to a price that just includes our overheads.

      Or to put it another way: under an efficient market with lots of Free Software, programming skill remains a money-making asset, buy copyright does not. This is really just about changing how people get compensated, not if they do.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  61. I disagree by rjstanford · · Score: 1

    After all, there's nothing stopping you from taking their software and modifying it then using it on your own, different, hardware. They never ever claimed that their hardware would be able to run arbitrary software, after all. And if you wanted to create a whateverWidget you'd be way ahead in that the software, at least, would already exist and be open, and you'd just have to reverse-engineer (or fresh design) some hardware to run it on.

    Admittedly you could make the point that vendors of embedded hardware should allow you to run whatever you want on it, but that has nothing whatsoever to do with the license that the software uses. After all, an open piece of hardware should run my app whether its closed-source, BSDd, GPLd, et cetera.

    Bottom line: the hardware's failure to run any software other than the factory software doesn't in any way limit my use of the software. In fact, if the software is that great, I could purchase some other company's open hardware solution, get a copy of the great software (since its GPLd) from somewhere else, modify the great software to run on the open hardware, and be very happy. How is this not the true spirit of the GPL?

    --
    You're special forces then? That's great! I just love your olympics!
    1. Re:I disagree by Anonymous Coward · · Score: 0
      How is this not the true spirit of the GPL?

      This all started because Stallman was enraged that a hardware manufacturer would not provide the source code to their printer drivers. You're suggesting being granted the ability to fix the driver without having the ability to run the modified code on the printer is 'the true spirit of the GPL'. This is obviously above you, please stick to discussing Nascar and WWF.

    2. Re:I disagree by metamatic · · Score: 1

      The "spirit of the GPL" is that if I own the hardware and the software, I should be able to modify the software as I wish, run the modified version on my hardware, and distribute the modified version.

      It's spelled out pretty clearly in the many documents RMS has written on the topic. Example:

      The freedom to run the program, for any purpose (freedom 0).

      In the TiVo case, I do not have the freedom to run modified TiVo software for the purpose of controlling my TiVo. Whether I have lost the freedom due to copyright or due to restrictive hardware is beside the point; preservation of freedom 0 is one of the explicit goals of the GPL.

      I think Linus is 100% wrong on this one, just like he was 100% wrong when he chose BitKeeper.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    3. Re:I disagree by rjstanford · · Score: 1

      The "spirit of the GPL" is that if I own the hardware and the software, I should be able to modify the software as I wish, run the modified version on my hardware, and distribute the modified version.

      Fine! Great! I agree! But you have two different components here, a hardware component and a software component. I see the value of releasing software designs (code) in a GPLd or "force open" format. And I think that only "purchasing" software (whether downloading, or bundled with hardware) that is GPLd is a valiant statement.

      So why not create a comparable "Open Hardware" standard? If instead you say that anyone who wants to create hardware that works with GPL(3)d software will, by fiat, be creating "open hardware" then that's pretty heavy handed. The short-term effect will be for people to stick with currently available GPL(2) software for their devices or PCs. I completely and utterly support the notion of an OH standard and that people using it as a serious criteria in their HW evals are probably doing a Good Thing, both for themselves and their peers.

      But why insist on the "bundling" with the GPL? After all, if you follow that logic, what's next ... requiring all GPL hardware (ie: hardware that ships with GPL(3) software and has to comply with the GPL(3) spec thereon) to be available at a discounted or free cost to "good causes?" That's not quite a strawman argument, by the way, since we're already assuming to dictate how the hardware is built, how it runs, how the components are licensed, et cetera.

      In the TiVo case, I do not have the freedom to run modified TiVo software for the purpose of controlling my TiVo.

      Wah. You do have the freedom to run modified TiVo software on your own machine, don't you? You don't have the option to use it for the purpose of controlling your car, do you?

      I'll tell you one thing... if this took off, you'd see the end of people using GPLd software in "loss leader" hardware.

      --
      You're special forces then? That's great! I just love your olympics!
    4. Re:I disagree by metamatic · · Score: 1
      Wah. You do have the freedom to run modified TiVo software on your own machine, don't you?

      Nope, that's the whole point. TiVo make the hardware refuse to run any modified software, even though that software is covered by the GPL.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    5. Re:I disagree by cbhacking · · Score: 1

      "your own machine" here does NOT mean your TiVo; the poster used a different term to make that distinction. You can, if you want to, hook up the necessary ports to your desktop PC (for example) and run your modified TiVo software on it (in fact, since you'd probably need to modify the software just to make it compatible, this is perfectly reasonable). As for the inability to run your modified software on your TiVo, the GPL is a software license; you are claiming that the GPL should not only regulate modification and redistribution of source code, but that it should regulate the behavior of hardware with regard to the software it runs. TiVo is not "free hardware" in the sense that its operating system is "free software" and if you don't like that, don't buy a TiVo! They chose not to openly license their hardware, and that is their decision to make. If (GNU/)Linux was under the current GPLv3 draft, TiVo would simply have based their operating system off one under a more permissive license, such as BSD. If they wanted to, they could then refuse to provide the source at all. Sorry if that bugs you, but there is no law requiring TiVo to let you do whatever you want with their hardware.

      --
      There's no place I could be, since I've found Serenity...
    6. Re:I disagree by metamatic · · Score: 1

      Imagine a future world where every PC has Trusted Computing installed, and is unable to run any code not signed by Microsoft. Microsoft takes a bunch of GPL code (say, GCJ) and starts selling it as a product, signed with their secret key.

      Sure, you have the source--but you can't run it on any PC. You could theoretically run it on some piece of hardware you built yourself. Can you not see how that would be destroying the freedoms the GPL was supposed to protect?

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    7. Re:I disagree by cbhacking · · Score: 1

      Yes and no.

      Such an environment would totally suck. Fortunately, it is all but guaranteed to never happen. Even if Microsoft got into making computers themselves (arguably already have) there will always be 3rd-party companies that refuse to restrict people that way. Anti-trust laws alone (never mind customer desire for choices, which shows no sign of going away) make anything like requiring every computer to exclusively run MS software ridiculous.

      Furthermore, these GPL restrictions won't help you a bit if that insane day should come. MS uses no GPL code, certainly they wouldn't use any under GPLv3, so since new computers now only run MS software, the FSF is simply ignored until it becomes a group of diehards who prefer GNU tools over hundreds of GHz processors and GBs of RAM.

      If you think that the GPLv3 would prevent your Trusted Computing nightmare, you're as delusional as if you think it will ever happen.

      --
      There's no place I could be, since I've found Serenity...
    8. Re:I disagree by metamatic · · Score: 1

      What GPLv3 might do is ensure that vendors like IBM continue to at least make some general-purpose computers available for sale, if only for business use.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  62. Re:Here's the newsforge article, plus 2 other link by einhverfr · · Score: 1

    Just to clarify, Linus's viewpoint is largely irrelevant to this discussion. It is extremely unlikely that Linux will *ever* move to a later version of the license because every contributor would have to approve this. So the GPL v2 will stay for the Linux kernel for the forseable future.

    This is abut control and access to media player source code, not to Tivo anyway. I personally am willing to stand aside my objections ot the DRM clause. The ASP clause however is the showstopper for me.

    --

    LedgerSMB: Open source Accounting/ERP
  63. Re:Have any of you *actually* read the GPLV3 draft by JD-1027 · · Score: 1
    Have any of you *actually* read the GPLV3 draft

    Let me be the first to welcome you to slashdot... err ... How much did you pay for the UID?
  64. Re:Vote with their feet? They did, but they forgot by shinma · · Score: 1

    Isn't calling it the GNU GPL kind of like calling it an ATM Machine?

    The GNU's already extant. We don't need to keep concatenating it onto the beginning of everything.

    --
    Shinma
  65. Re:I'm not Torvalds and I don't like the new versi by TuringTest · · Score: 3, Insightful

    At GPLv2 there weren't clear definitions of "modified version", "interaction", or "source code", for that matter.

    And I can't see why the technical detail of using the software through a network, instead that in the same machine, should vary the intent of the GPL - which is to allow the users of a program, in any form, the freedom to tailor it to their needs and execute it in their own.

    Encapsulating the program in a remote server in effectively a way to circunvect the freedom protected by GPL. Why should it be allowed by the license? How does preventing this loophole become a "stretching" of the original intent?

    --
    Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  66. G for General by H4x0r+Jim+Duggan · · Score: 1

    GPL = "General Public License"

  67. Spot the flaw in this logic... by everphilski · · Score: 3, Insightful

    A linux operating system cannot work without a CPU.
    Therefore the CPU is part of the linux operating system.
    Therefore the operating systems which I use are AMD/linux and Intel/linux.

    (from here)

    Linus has said before that he could have used any compiler, and any userland, its just that GNU was there at the right time. A distro could be built on BSD, or an environment based on icc (yes, it compiles the kernel)

    1. Re:Spot the flaw in this logic... by NewToNix · · Score: 2, Interesting
      A linux operating system cannot work without a CPU. Therefore the CPU is part of the linux operating system. Therefore the operating systems which I use are AMD/linux and Intel/linux.

      There is no flaw in that logic.

      Which is the entire point of the GPLv3...

      If hardware can be closed to modified code, that was obtained from GPL'd code, and as 'Linux' does use GNU GPL'd code (Linus's past options are not relevant, they have already been made), then it follows that AMD/Linux, Intel/Linux, would be a copyleft violation, unless they allow modified code to run.

      This does not stop hardware manufactures from doing as they please - but if they are going to lock out modified code, they have to write their own code, not use GPL'd code.

      So to the extent that modified code can run on AMD/Intel (and, of course it does), it's quite fair to say AMD/GNU/Linux or Intel/GNU/Linux.

      Just credit the GNU part.

    2. Re:Spot the flaw in this logic... by indil · · Score: 1
      A linux operating system cannot work without a CPU. Therefore the CPU is part of the linux operating system.
      There is no flaw in that logic.

      Plants cannot work without light. Therefore, light is part of plants.

    3. Re:Spot the flaw in this logic... by NewToNix · · Score: 1
      Plants cannot work without light. Therefore, light is part of plants.

      Yes that is true.

      Photosynthesis literally causes light to become part of the plant. As photons are 'absorbed' the chlorophyll uses that energy to create sugars which the plant can use for energy (greatly simplified description, of course). The photon is not reflected or lost, it is used - so light is part of the plant.

      No flaw there.

      However that does not make the plant a part of light... any more then a CPU being part of GNU/Linux system makes GNU/Linux part of the CPU.

      That is why 'AMD-CPU/GNU/Linux' is a logically correct statement - but 'GNU/Linux/AMD-CPU' would not be.

      At lest not yet - until the day comes that GNU/Linux owns AMD and designs the CPU so it's internal logic rests on GNU/Linux... My guess is that day is .. well, rather remote...

    4. Re:Spot the flaw in this logic... by indil · · Score: 1
      Plants cannot work without light. Therefore, light is part of plants.
      Yes that is true.

      Then I invite you, at your leisure, to find a plant, break it in half, and find light inside. Light and glucose are not the same thing. I was merely demonstrating that, while it may be true for many relationships, the argument is too broad to always be true.

    5. Re:Spot the flaw in this logic... by NewToNix · · Score: 1
      Then I invite you, at your leisure, to find a plant, break it in half, and find light inside.

      We call that a 'campfire' now a days...

  68. Capitalism Works by Anonymous Coward · · Score: 0

    Every time.

  69. Compliance with real world right improved ? by Anonymous Coward · · Score: 1, Interesting

    Allright,

    But can anybody highlight me if the v3 is bringing any fixed toward compliance with real world right ?

    For instance, GPL is not "strictly legal" in most european countries, that is the reason for instance a French open source consurtium has created their own license CeCILL ( see http://www.cecill.info/index.en.html ) that is basically GPL but fixing the non-legal items of GPL toward the european union & french republic right.

    I would be very happy to see FSF consider european right and fixe the points that are causing issues so that any european union person can use this license "eyes-shut".

    Anybody on this ?

  70. Not "extremism" getting back to the orig. intent by A+Commentor · · Score: 1

    The original intent for the GPLv2, was that if someone provided you with software that was based on the GPL, you would be able to make changes to that code and actually use it. Certain companies such as Tivo and Netgear skirted the original intent by refusing to allow any modified programs work on their hardware. I personally ran into this issue with Netgear, I purchased their WGT634U router specifically because it ran Linux and I was able to get the source code. Communication with Netgear was going fine until I asked about making a firmware image so that I could run any changes that I made on that hardware. The response was basically along the lines of: Our firmware format is proprietary, the HTML pages on the router are not part of the code and thus are copyrighted. So I had the code that they used to make the router, I was able to make changes to that code, but I was not allowed to put the code back onto the hardware that I own. From my understanding of the changes in the new GPLv3, this is exactly the issue they are trying to solve. The FREEDOM to actually run the program that you have modified on the hardware that ran the original program.

    --

    Looking for any old 8-bit Heathkit/Zenith software/hardware - http://heathkit.garlanger.com

  71. Re:Vote with their feet? They did, but they forgot by TrekkieGod · · Score: 1
    The article argues that copyleft (not free software) is anti-business. This is clearly not true because the copylefted free Unix-like operating system (GNU/Linux) has far more business contributions and business models base on it than the non-copylefted free Unix-like operating systems (the free BSDs).

    That's a very good point, although the types of businesses must be differentiated. For businesses that do not produce free software, BSD is very much what they prefer. They can get the code without any obligations and include it in their proprietary product. On the other hand, if your business intends on making contributions to free software, you obviously prefer the GPL because you don't want your competitors making use of your work, improving it, and then selling a better product than you, that is based on your work. If it's GPL'ed, if they improve the code, you get the improvements as well.

    What I never really understood is why hardware manufacturers fear the GPL. What do they have to lose? At worst, people still need to buy the hardware from them if they want to run their software. At best, they get tons of free contributions that will make their hardware more desirable (like with the whole linksys router thing). Even more puzzling are companies like tivo. "We'll give you the GPL source code, but you can't run it on our hardware, because we check for private keys. Off course, there's nothing stopping a competitor from building similar hardware and plopping our modified GPL'd code in there, which is far more damaging to us than user modifications." I wonder why no one has done that...

    --

    Warning: Opinions known to be heavily biased.

  72. free ? by korgull · · Score: 1
    He believes all software should be freely available to be modified by the public


    Now, that's a lot of freedom for the author.
  73. Using the software by nuggz · · Score: 1

    I agree the GPL v3 seems to want to ensure you can run modified GPL code on the same hardware and has clauses to ensure this.
    The GPL v2 doesn't have such clauses.

    The problem is probaly best explained with an example.
    I build a non GPL licensed computer, I want it to only run software written by Bob, so I make it check to ensure that only Bobs software runs on it.

    The GPL requires one of two things.
    I not make my hardware like this, which is clearly outside the scope of the GPL.
    Or force Bob to allow ANYONE to identify their sofware as Bobs.

    There are valid reasons for signed binaries, think trusted Java applets to avoid trojans. The GPL v3 may effectively prevent one from releasing such software.

    1. Re:Using the software by Anonymous Coward · · Score: 0

      "The GPL requires one of two things.
      I not make my hardware like this, which is clearly outside the scope of the GPL.
      Or force Bob to allow ANYONE to identify their sofware as Bobs."

      Actually, neither.

      Make your hardware possible to use WITHOUT baving to have signed software
      OR
      Give your user a method of signing their code so your hardware runs it (it doesn't have to pretend to be Bob).

      Otherwise your code could be done under trade description acts: you've said it runs GPL code. I take stock (newer) GPL code with bugfixes and apply that to the hardware. It no longer works because you only allow Bob's software to run. So, it DOESN'T run GPL code. It run's Bob's code.

  74. The genesis by hummassa · · Score: 2, Funny

    Stallman begat Emacs
    Emacs begat elisp
    elisp begat gcc
    gcc begat gnu
    gnu begat hurd
    hurd has a growth-inhibiting condition, so
    gcc begat linux, and qt
    qt begat kdelibs
    kdelibs begat kde
    kde begat kubuntu
    and there was light :-)
    Any similarity with the truth is mere coincidence.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  75. Re:That same old myth - the problem is... by Hope+Thelps · · Score: 1
    The 'rights' to determine code usage should belong to the writer of each code segment; not just the original contributor.

    But they do. If you're not going to use the original authors' code (or anyone else's without permission) then you can do what you like. But that original author does get to restrict distribution of their code, just as you say they should be able to, so if you want to use their code then you're going to have to play by their terms.
    --
    To summarise the summary of the summary: people are a problem. ~ h2g2
  76. Re:Here's the newsforge article, plus 2 other link by Anonymous Coward · · Score: 0

    You're missing the problem.

    Say I run a net café and I want to lock down my computers to only run software I've signed to prevent malware and untrustworthy patrons more messing up the computers. According to the GPLv3, I can't do that. I'd have to give up my private key to anyone using the computers.

    The GPLv3 prevents computers from being secured in that way.

    There's also the question of what will happen if a third party requires binaries to be signed by someone else. Let's say that I set up my net café computers to require that a theoretically GPLv3 Linux kernel be signed by Linus Torvald's private key. Is Linus now required to give up his key because of my security system?

    Don't forget, Richard Stallman was against account passwords because they "restricted freedom". The GPLv3 is heading into dangerous territory where it disallows system security in the name of "freedom".

    It's rather ironic that of the various "open source" licenses, the Free Software Foundation's license has the most restrictions on freedoms.

  77. The corruption of 'freedom' to 'free' by matt+me · · Score: 1
    Aren't you reminded of the end of Orwell's Animal Farm?
    "And the creatures outside looked from pig to man, and from man to pig, and from man to pig again: but already it was impossible to say which was which".

    We've fought so hard for the revolution, to spread our idealogy, to make software brighter for everyone. If we sell-out now, exchanging our values for perceived "success" as defined by only one index, profit, the "open-source" buzzword will come back and bite us in the teeth. Code we can look at but are legally prevented from adapting or redistributing is worth nothing to society. If businesses adopt "open-source" licenses that leave code only as open as a jail is for visitors, it shall be a bitter end. The movement will lose trust from the verge of true success. Remember: Freedom is fundamental.

    1. Re:The corruption of 'freedom' to 'free' by salemnic · · Score: 1

      Such a narrow definition of Freedom. And a bunch of pure rhetoric.

      Are you saying then that the Unix and Windows O/S-es are of no benefit to society? Pure B/S.

      And what about my freedom to charge for what I've created. Software can't be free, only people can. And we aren't. I've always got to balance my freedom against yours.

      s

    2. Re:The corruption of 'freedom' to 'free' by Blakey+Rat · · Score: 1

      Wow, you DO sound a lot like the pigs in Animal Farm... or is that not what you were going for?

  78. Freedom maths? by TuringTest · · Score: 1

    If you're going to measure freedom by enumerating tokens, you should take into account that BSD license provides for Negative freedom, so it should be:

    BSD=-7 freedom points,
    GPL=-3 freedom points.

    (Also your 4th and 5th points aren't appliable to GPL software, since the "after source closing" bit is undefined, so both scales are not comparable).

    Taking into account that GPL provides for the Positive freedom ot the user to have access to the source code of every distributed version of the software, that gives a new scale of:

    BSD=0 positive freedoms,
    GPL=1 positive freedom.

    Yes I know IHBT, but that was fun!

    --
    Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  79. Why so upset by Anonymous Coward · · Score: 0
    as a developer I want the freedome to do what I want with my code and decide who should do what with it.

    Just look at why jellomizer is so upset: he says he wants the freedome to decide who should do what with his code. GPL has absolutely no affect on this unless his code is relying on GPLed code. Thus jellomizer is exactly the kind of person the GPL protects the rest of us from, the would-be code exploiter. Know your enemy.

    When you start using it for [moral warfare] it will only hurt yourself.

    No it hurts you, jellomizer, and that's actually the purpose of GPL. To take away some of your freedome. It prevents you from taking our code that we contribute to the commons and co-opting it.

    So unless you want to build your own tools, libraries and OS or pay for them then all you are doing is throwing yourself on the floor and having a 4-year-old's hissy fit; you have no right to be angry. That's why criticism of the GPL fails -- it's very hard to convince other people that you should have right to be selfish.
  80. No by TuringTest · · Score: 1

    But calling it the GPL License is.

    --
    Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  81. GPL is an option, not an ultimatum by yankpop · · Score: 2, Interesting

    I'm getting tired of reading about how RMS is using GPLv3 to impose his ideals on everyone. He may well believe that all software should be free, but that is most definitely not what he's trying to accomplish with the GPL. If his main goal was to make all software Free Software he'd have to do it with legal challenges on the concept of intellectual property etc.

    While he may be involved in that, GPL is different. GPL doesn't attempt to overturn the status quo, it provides an alternative to it. While RMS and Lessig et al. work on the long fight to get rational patent and copyright reforms enacted, GPL provides an immediate option for people that want to develop an alternative model. It gives you the opportunity to share your code without fear that someone else will benefit from it without sharing their improvements. If you prefer to write closed code, you can still do that; nothing in the GPL prevents you from writing your own code and releasing it under any other license.

    The latest additions just address a few new issues. If you think DRM is fine, and you don't care if someone modifies your code to make it effectively unmodifiable via DRM hardware, then you can continue to use GPL2 or any other license. If, however, you think that's a bad thing, you'll be able to use GPL3 and protect your code. Currently, no other license addresses this issue. But still, there's nothing in the GPL, 2 or 3, that imposes itself upon anyone. You aren't forced to use the GPL, nor are you forced to use GPL programs.

    The point of the public consultation is to bring as many people on-board as possible, so that those of us who agree with the system enforced by the GPL will have the widest possible selection of projects to use/contribute to. If people would stop arguing about how irrelevant the GPL is becoming and choose to either 1)participate to make it better or 2)bugger off and use another license, maybe this would all go a little smoother.

    yp.

  82. Re:Here's the newsforge article, plus 2 other link by Hope+Thelps · · Score: 2, Informative
    Say I run a net café and I want to lock down my computers to only run software I've signed to prevent malware and untrustworthy patrons more messing up the computers. According to the GPLv3, I can't do that. I'd have to give up my private key to anyone using the computers.

    Okay, I have to say that personally I think you're completely wrong. The GPL3 only requires that you provide the keys to anyone you distribute the software to. If you sold them the computers, or gave them away or possibly even if you rented them out for people to take away then sure that would be distribution. But that isn't the case for a net café.

    However, if you really feel that the GPL3 terms could have the effect you describe then contact the FSF about it, because that's certainly not the effect they're aiming for.
    --
    To summarise the summary of the summary: people are a problem. ~ h2g2
  83. Re:We have a good idea about what the GPLv3 will b by just_another_sean · · Score: 1

    So do you work for Microsoft or SCO?

    --
    Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  84. Mod parent up, etc. by MS-06FZ · · Score: 1

    I don't agree with this perspective, especially the second quoted sentence. The kernel is the central COMPONENT of an OS. The userland isn't the OS, but neither is the kernel. The OS is the kernel + the userland tools that provide access to the system's functionality. What good is a Linux kernel without a shell or some other userland application interface to access it?

    Pretty much! As far as I'm concerned, an OS is all the basic stuff that you need in order to operate the system - this includes little things like libc, for instance. If the OS is just the kernel, and not any of the tools on top, then what kind of system are you talking about? Something that, when booted, can run a static-linked program? From a program-writer's perspective that's a fine OS (that is, much better than having to write one's own kernel in addition to the program - but not a terribly comfortable system). From a user's perspective it's pretty useless. I am both a coder and a user - but I do much more of the second job (even when writing code - need to run an editor and GUI and such, after all) than the first.

    The userland != the OS. The OS *is the kernel*. The rest is just tools on top. I could install the BSD userland on the Linux kernel, and it would still be Linux. "GNU/Linux" is just RMS ego-stoking - you don't *have* to use the GNU utilities with the Linux kernel.

    I think it's a matter of credit being given where it's due. Maybe GNU doesn't deserve first billing necessarily, but if I were to say that Debian, for instance, is simply a "Linux" system does a bit of disservice to the contributions of the GNU project - a horde of programs and libraries that form the backbone of the system, the compiler that compiles all my code and compiled most or all of the packages I install, etc. It's a "GNU" system, too, because of little essential bits like bash and libc and gcc, without which I would have a significantly less useful system. Someone else could provide that functionality, but in fact, they didn't, GNU did. Of course, it's also an X.Org system, and a KDE system, and a little bit of a Gnome system, and a Debian system. (what with the package system and all...) I think crediting becomes complicated when the system as a whole is essentially a big collaboration.

    So what about RMS's saber-rattling over this issue? He's a bit of a windbag, isn't he? I have to admit, too, that I didn't like the whole "GNU/Linux" thing when I first heard of it. I feel a little conflict over the whole issue of whether it's right (or at least, whether it's cool) for him to insist on this recognition, regardless of whether I feel he's earned it. I do feel he's earned the recognition, which is why I license most of my projects under GPL and why my /etc/issue file contains the text "GNU/Linux". My system is a GNU/Linux system because I feel that's an acknowledgement worth making. I believe in RMS's ideals (though not unconditionally or absolutely) and I am glad that he has taken it upon himself to promote those ideals. I appreciate that there is a GCC and there is a GPL. These things wouldn't exist without some great idealistic hippie windbag preaching from the mountaintops - without some uncompromising S.O.B. who wants it all to be perfect, then the compromises we make would set the bar a lot lower. That's how I feel about it. But I won't tell you what to call your system. :)

    If you, in fact, run no GNU code on your system, then that system cannot rightly be called "GNU/Linux". If in fact you run a Linux kernel with BSD utilities, then you can call the system "BSD/Linux" if you feel so inclined... But mind you, this is the system we're talking about. There's no reason to ever call the kernel "GNU/Linux", as Linux isn't part of the GNU project. But I would hazard a guess that your Linux

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
    1. Re:Mod parent up, etc. by isilrion · · Score: 1
      I couldn't agree more with your post.
      I see you mentioned Debian. I too run GNU/Linux, and when chosing a distro, one of the things that made me chose Debian was the first paragraph of the answer for the first question on the FAQ

      To the question: "What is Debian?" their answer is:

      The Debian Project is an association of individuals who have made common cause to create a free operating system. This operating system that we have created is called Debian GNU/Linux, or simply Debian for short.
      Thus, for short, I use Debian in my speech, but Debian GNU/Linux in my writings when I describe my OS of choice. It is indeed an acknowledgement worth making.
  85. Re:I'm not Torvalds and I don't like the new versi by Anonymous Coward · · Score: 0

    Encapsulating the program in a remote server in effectively a way to circunvect the freedom protected by GPL. Why should it be allowed by the license? How does preventing this loophole become a "stretching" of the original intent?

    It's stretching it away from the copyleft principle of a license covering distribution, and into territory which smells distinctly EULA-like.

  86. Short-term vs long-term freedoms by Anonymous Coward · · Score: 0
    If maximizing freedom of everyone is the goal, then the GPL clearly is inferior to the BSD or MIT/X11 licences.

    While that may be true in the very short-term, it is not true over more than one cycle of the development loop.

    If the allegedly "greater" freedoms under *BSD and MIT/X11 licenses allow others to modify and then close their versions of the source, then in practice you have less freedom overall than is provided by a viral GPL that seems at first glance to restrict your freedoms a little.

    A worm's eye view doesn't always give a true picture. It's sometimes necessary to look slightly beyond the immediate horizon.

    The only freedom that the GPL is *really* restricting (compared to *BSD) is the freedom to be selfish. That's not a freedom that I pin very highly on the ethics wall.

    If you want to label the *BSD license as being more "free", then you must also accept that the GPL license is more "fair", for reasons that should be pretty obvious.
  87. The fact of the matter is that software will be... by 3seas · · Score: 1

    ... genuinely free when it is easy enough to create that anyone can and will create it as they need.

    By its very goal, that of making complexity easier to use and reuse, software will get this easy to produce.

    http://wiki.ffii.org/IstTamaiEn

    thru the application of abstraction physics we can create, in analogy, a calculator capable of outputing an application as its result. Capable of prompting the user for refined information it needs to do so.

    autocoding project:
    http://lists.debian.org/lsb-discuss/2002/01/msg001 05.html

    http://freshmeat.net/projects/victor1/

  88. Not true by Anonymous Coward · · Score: 0

    If you check your facts, you will find that the vast majority of developers have in fact chosen the GPL. Your fantasy future is the quickest way to kill off Linux there could ever be. End users care about the freedoms that the GPL offers, including the requirement to give back. If you switch to another license, we won't want your software. I am an end user, and I feel that way. That's how I know.

    Proprietary software vendors screw end users all the time. That's why we left. If you start doing it too, so you can pursue "commercial development", as you put it, then there will be no difference between you and Microsoft or Apple, and at that point, end users will just pick what works best. Um. That would be Apple. Just so you know.

  89. Stallman is proposing OSS suicide by msobkow · · Score: 1

    The DRM hardware is out, the new BIOS/boot replacements are on their way, and it won't be all that long until most of the new mobos out there use those technologies.

    Stallman's approach of "no DRM anywhere, anyhow, anytime" is OSS suicide. All the GPL3 will do by taking up the banner of media piracy is guarantee that GPL software won't be allowed to run on any commercial hardware used by secure sites. As 99% of businesses are concerned about security and intrusion, you can bet all their servers will be DRM-locked in some form or fashion. As media companies (including games) are one of the big DRM proponents, it won't be long before home users need DRM-enabled hardware to play games, so the new home PCs will also be DRM boxen.

    So precisely what hardware will GPLv3 software be able to run on in the future? Old junk. Hardware that's been decommissioned by users and businesses with a budget.

    There are a lot of good clauses to GPLv3, especially the attempt to clarify that external users of software subject a company to the same kind of change publication requirements as external distribution of *GPL software.

    As long as the anti-DRM, anti-encryption, anti-media-lock viewpoint is lockstepped to GPLv3, I see it as nothing more than OSS suicide. Stick to the concerns of software licensing, and let the media pirates fight their own battles.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Stallman is proposing OSS suicide by metamatic · · Score: 1

      Not doing anything about it is suicide too. If you're right any we end up in a world where only binaries signed by hardware manufacturers can be executed, then OSS is dead anyway.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    2. Re:Stallman is proposing OSS suicide by Hope+Thelps · · Score: 1
      As 99% of businesses are concerned about security and intrusion, you can bet all their servers will be DRM-locked in some form or fashion.

      So the GPL3 will require that those businesses have to be provided with a copy of any keys required to modify their own version. Not keys to anybody else's version. If they don't want the keys they can destroy them. Nobody else is entitled to a copy. Why would this be a problem?

      They'd have to sue hackers (crackers, whatever) for their actual unauthorised access to a computer system etc. rather than for bypassing an effective copyright control mechanism but that seems like common sense anyway. I can't see why this should be a problem either.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    3. Re:Stallman is proposing OSS suicide by msobkow · · Score: 1


      If I'm signing software to certify that it's been clean-built and tested, I do not want someone modifying the code and then distributing copies under my key. What's the point of PKCS if you give away the signing key?


      If you want to run modified versions, build them, sign them, and add their signatures to your internal approved signatures. It won't talk to anyone else's version of the code, but that isn't their problem, it's your problem for not implementing the changes by sharing them with the community through the relevant project.


      The only DRM-related point that I see as valid is that hardware manufacturers must make DRM keys available so people can build code for their hardware. Security through obscurity (restricting access to the hardware keys) always fails. Everyone with a functioning brain cell already knows that.


      What would be the point of signatures if they no longer identify the signer? What is the point of signing code if some idiotic license mandates that it's no longer your signature?


      Tied in with this whole mess is encrypted data/media delivery and storage. How the hell is someone supposed to be able to guarantee information privacy if you're forced to guarantee there is a back door accessing the information?


      People just don't think any more. They pick up a pet cause and forget about the side-effects of their quick and dirty "solutions".


      Rick Stallman has lost the original vision of shared source and confused it with shared access to data. There are segments of GPLv3 which try to restrict uses of the software, including the restrictions on encryption (which is all DRM is.) That goes directly against the original GPL, and it's not a change that can be blown off as "keeping up" with newer technologies like ASP and web delivery.

      --
      I do not fail; I succeed at finding out what does not work.
    4. Re:Stallman is proposing OSS suicide by Anonymous Coward · · Score: 0

      Seriously, have you even read the draft? If you are just signing packages to verify their authenticity, you are not required to give away your signing key. The only time you have to give your key is if you package the software with hardware that will refuse to run the software if it hasn't been signed. In that case, it's merely making sure all users have the right to modify their software and run it on the hardware that they own. The problem isn't that people don't think, it's that they don't read

    5. Re:Stallman is proposing OSS suicide by MooUK · · Score: 3, Informative

      You misunderstand the new version of the GPL entirely.

      You don't have to share your encryption key, as long as someone without it can modify the software and have it run as normal. Your signing key is yours alone, and as long as your program will run after modification without it, you're fine. The only time you have to share such a key is if it impossible to run a modified copy of the software on the relevant hardware without that key.

    6. Re:Stallman is proposing OSS suicide by Alsee · · Score: 1

      Excuse me, but wasn't the very purpose of the original GPL that you could not distribute deliberately INCOMPLETE source? That if you distribute an executable, that you must supply the full source code that was required to compile that executable?

      I hope we can agree on that.

      And lets say you are TiVo corp. Would the executables you are distributing work as intended if you had distributed them without the crypto singature? No, it wouldn't. That signature is a functional portion of the executable you were distributing. And could you have compiled that source into that executable without a certain crypto key? No you could not. That key is in fact a required portion of the source code you needed to be able to compile that executable. And you cannot distribute an executable with incomplete source, you cannot distribute that TiVo executable without including that key in the source. Either that is prohibited already by the original GPL, or that is a loophole in the original intent and operation of the original GPL, and it is entirely appropriate for the GPLv3 to clartify that point and to explicitly close that potential loophole. If you needed it to create the working executable, then it is part of the source and you must include it.

      And wasn't the very purpose of the original GPL that you had to pass on the full legal permissions needed to use, modify, and redistribute that software? That you could not receive MY GPL software, modify and redistribute it, and then proceed to SUE ME for further using modifying and redistributing my own software?

      I hope we can agree on that.

      And at the time, the full legal permissions to use modify and redistribute consisted of the copyright authorizations and patent authorizations to do those things. That distributing GPL software required passing along all of those permissions.

      Well, the law has changed since then. And in order to preserve the original intent and operation of the GPL, it must be updated to reflect that new law. In particular that means passing on the needed copyright permissions, patent permissions, PLUS the new needed DMCA/EUCD permissions needed to use modify and redistribute the software.

      You do agree.... right ....that if you take and modify MY GPL software, you should not be able to sue me for further using and modifying and redistributing that derivative of my own program, right?

      If you want to do DRM in GPL'd code, fine. But the GPL means passing on permissions to use modify the code at will - including to circumvent modify or entirely remove the DRM code and the scheme DRM itself. And the permission to use and redistribute that circumvention or modification or entire removal of the DRM code and DRM scheme itself.

      The two supposedly "anti-DRM clauses" merely close a potential loophole in the orginal, and update to refect new law, and both clauses are to preserve the original intent and operation of the GPL.

      This is no new anti-DRM crusade being inappropriately crammed into the GPL3. You can do DRM schemes with GPL code, but you cannot violate the GPL requirements in some effort to make that DRM actually scheme actually work. It has simply always been nonsensical to attempt to do DRM in relation to the GPL when you are explictly passing on the legal rights and the practical ability to modify that code and everything in it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:Stallman is proposing OSS suicide by samkass · · Score: 1

      If you needed it to create the working executable, then it is part of the source and you must include it.

      My understanding is that TiVO distributes source code that is 100% operational and fully functional-- just not functional on their hardware. The GPL makes no guarantee about what hardware the software must run on, and it shouldn't as it has nothing to do with hardware. In TiVO's case the source code is fully open, but the hardware is closed. While that may piss you off, it really doesn't violate GPLv2, and those portions of GPLv3 that it may violate are probably unenforceable, which is irrelevant since Linux isn't going to use GPLv3 anyway. And now every single GPL'ed project is probably going to branch into a GPLv2 and a GPLv3 edition, which helps us all how, exactly?

      --
      E pluribus unum
    8. Re:Stallman is proposing OSS suicide by Anonymous Coward · · Score: 0

      If I'm signing software to certify that it's been clean-built and tested, I do not want someone modifying the code and then distributing copies under my key. What's the point of PKCS if you give away the signing key?

      That's NOT what it says... one would think you'd actually read and digested it before mouthing off, but this is slashdot after all. The GPL v3 says nothing about you signing code to prove that it came from you -- all it says, is if that signing process is essential to the running, then the key used to lock it must be provided to all the full functionality to be regained if it is modified.

      The GPL doesn't stop code signing, nor does it force people to reveal their private keys, nor does it prevent the use of GPL v3 software on so-called "Trusted" hardware... it just prevents the owner of the machine being cut out of the trust loop and having trusted force upon them, without the option to revoke it (which is the essence of DRM). Read it before you comment further.

    9. Re:Stallman is proposing OSS suicide by isilrion · · Score: 1

      Can you spell "loophole"?
      I guess you can, I'm quite certain your parent mentioned it in his post...
      Please re-read it.

    10. Re:Stallman is proposing OSS suicide by madcow_bg · · Score: 1

      > My understanding is that TiVO distributes source code that is 100% operational and fully functional-- just not functional on their hardware.
      *sigh* That is just what the whole argument is about... *sigh* Is the code 100 operational, when it cannot operate? Really, it is a serious question, and I see that Torvalds and Stallman has different approaches.

      > The GPL makes no guarantee about what hardware the software must run on, and it shouldn't as it has nothing to do with hardware. In TiVO's case the source code is fully open, but the hardware is closed.
      But software and hardware is a very artificial division nowadays. Is the firmware of the TiVo a software, or hardware? Well, if it is hardware, why govern the software? It used to be the other way around, don't you think? And if it is a software, then the Torvalds is technically right, but it is software that is locking us, then his agrument is not applicable here.

      While that may piss you off, it really doesn't violate GPLv2, and those portions of GPLv3 that it may violate are probably unenforceable, which is irrelevant since Linux isn't going to use GPLv3 anyway.
      Well, that has never been tested in court, maybe because the software-hardware thingy. Maybe that's why GPLv3 us trying to clarify the issue. And I think it is too early to say what Linus is going to do, anyway.

      And now every single GPL'ed project is probably going to branch into a GPLv2 and a GPLv3 edition, which helps us all how, exactly?
      Well, branch for different licenses? Now many projects have different licensing options, but these are not branches. If GPLv3 is more restrictive, effectively you release it under GPLv2 means that GPLv3 is obsolete (it does not give you more rights, so why bother?). But there is a more important question - will GPLv3 be compatible with GPLv2, and that is the problem we stand before. Right after we get this mess done.

      By the way, I don't hate DRM. I think TCP will be very usefull, I mean, I would be able to lock down my Gentoo so only code I have signed will be able to execute. Well, something like that. But that could happen only if I can get the keys to sign it. That is what GPLv3 basically want to happen, and I don't understand what's all the fuss against it. It is it's bad use that we hate, not itself.

    11. Re:Stallman is proposing OSS suicide by Schraegstrichpunkt · · Score: 1
      If I'm signing software to certify that it's been clean-built and tested, I do not want someone modifying the code and then distributing copies under my key.

      Then don't build a hardware platform that cannot run software that was built without using your keys.

      This post by Alsee explains the keys-are-source-code clause quite well.

    12. Re:Stallman is proposing OSS suicide by Schraegstrichpunkt · · Score: 1

      My position is that TiVo (the company) uses information in building their binaries that that are not distributing. That means that they are not distributing "the preferred form of the work for making modifications to it", and they are not distributing "all the source code for all modules [their binary] contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable."

      The problem is that we're not certain enough that any judge would agree, thus the more specific language in GPLv3.

    13. Re:Stallman is proposing OSS suicide by anandsr · · Score: 1

      But isn't it like the xerox printer that cannot be fixed, which started this whole thing in the first place. I think you mis-understand the motive of GPL. GPL is there to allow a user to fix their hardware and software. Whether the user has the knowhow is a different thing, but it should be possible for a programmer to fix their hardware and software without resorting to reverse-engineering or cracking.

      Its not like Linux is the only GPL software in the world. It may be the most popular but there are many more. And there will be many more becoming GPLv3. I am hoping Apache and some others will adopt GPLv3.

    14. Re:Stallman is proposing OSS suicide by anandsr · · Score: 1

      Who the heck cares if manufacturers want to create inflexible devices. The important thing is to provide an incentive to the manufacturers to provide flexible devices. If there are no incentives then ofcourse there will only be inflexible devices. GPLv3 is a necessary part of the incentive.
      And people who think that not allowing DRM will be sucide, forget that allowing DRM will be suicide (for the GPL anyway). Because it started because Xerox made a printer that could not be fixed. Allowing DRM will result in DRM'ed Devices that cannot be fixed although they have GPL software.
      The issue between Linus and FSS is that Linus wants ubiquitous Linux, while FSS wants software that can be modified by end user. There is a difference between the two goals, and I prefer the FSS's goal. There is no point in having Linux everywhere when you cannot fix the problems in it, at least on the devices that I am using.

    15. Re:Stallman is proposing OSS suicide by Alsee · · Score: 1

      I think TCP will be very usefull, I mean, I would be able to lock down my Gentoo so only code I have signed will be able to execute.

      That is one of the tricks they use to convince people Trusted Computing is a good thing - they want you to buy an apple with a cyanide pill inside, and they advertize the vitamins and minerals in the poison apple. (No Apple computer pun intended.)

      When you say you want to be able to lock down your Gentoo so only code you have signed will be able to execute, you are saying you like vitamins and would like to buy an apple. That is not an argument that a poison apple is a good thing.

      The key aspect of Trusted Computing is that each chip has a key hidden inside that you are forbidden to know. Not only are you forbidden to know your own master security key, the chip is designed to self destruct that key and self destruct your data if it detects you attempting to get at your key. The chip is also required to destroy your data if you change your security settings.

      Consider two identical machines with identical hardware and identical software. The only difference between the two machines is that the second machine comes with a printed copy of the master security key locked inside. The only difference is that in the first case you do not know your key and in the second case you *do* know your key. Your knowledge does not alter your computer's operation. Both computers have absolutely identical security capabilities and security benefits for you. Both computers give you ALL of the identical benefits.

      The only difference is that the first computer is a Trusted Computer. A computer that "they" can trust to be secure against you. A computer where your data is encrypted against even yourself. A computer where you cannot read or modify your secured data without the Trust Chip's permission, and may only do so in the ways that the Trust Chip permits. A computer that wipes your security keys, which effectively wipes your secured data, if you change the security settings. A chip that can spy on what softare you run and what hardware you have and what you do with it, and which can securely send that spy report to other people by locking it under that key. A computer where a hardware glitch in the chip will irretrivably wipe your keys and irretrievably wipe your data. A computer where some of your data is forbidden to be moved to moved to another computer unless you wipe it on the original machine and only move it to another computer with the exact same model of Trust chip from the exact same manufacturer. And if you want to toss your old computer and migrate to a new machine, and if that exact model Trust chip is not available in new machines, then when your old obsolete computer goes, that data on it is REQUIRED to die with it.

      The second computer, the one where you know the key, it still gives you ALL of the same genuine owner benefits. However when you know your key, your computer is not locked against you. It can be locked BY you and FOR you, but cannot be locked against you and cannot be secured against you. You cannot be locked into anything, and you cannot be locked out of anything. A computer where you can set any securtity you like, and you can modify those security settings as you like, and still have the option of using your master key to read and modify your files if need be. A computer where you have full control over the "spy" mechanisms built into the chip, and you can still use it to "spy" on your software for you to prevent any viruses or hacker attacks against you, but that "spy" system cannot be used against you... because you know your key and can control it. A computer where a glitch in the chip will not destroy your data... because you can use your master key to retrieve that data. A computer where you can move your data from one machine to another if and when you wish... because you know your key. A computer that will not take your data to the grave with it when it goes obsolete.

      And note that "files" and "data" includes soft

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    16. Re:Stallman is proposing OSS suicide by Alsee · · Score: 1

      I'm the one you replied to.

      My understanding is that TiVO distributes source code that is 100% operational and fully functional

      Are you suggesting that TiVo can ship executable forms of Linux and GPL applications, and that they can simply provide "source code that is 100% operational and fully functional" for some tic-tac-toe game? No, of course not.

      If they distribute an executable then they are required to provide the source code for that executable.

      TiVo is not doing that. They are not supplying the full source for the executable that they are distributing. And it would require a court battle to firmly establish whether TiVo was in fact violating the current GPL, or if they were "legitmately" slipping through a loophole in the current GPL. The GPLv3 is merely attempting to address and clarify any varient of that sort of loophole that may or may not currently exist.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:Stallman is proposing OSS suicide by msobkow · · Score: 1

      I think you misunderstand the impact on networked systems.

      I build a software package that has a client-side key to verify that it's unaltered software, and use DRM to ensure that it can't have an exploit inserted. That client-side key is a "signature" enabling communications with the server, so the server can only "hear" unaltered clients.

      While you could run the altered software without the key, it would be useless because it's not recognized by the server.

      Even games aren't standalone programs anymore. I see DRM as part of a security solution incorporating Kerberos, physical token ids, encryption, etc. DRM's part is to protect the installed client software and provide client-side verification that the software has not been altered.

      If forced to release the keys so that your modified client can "run normally" against the server, the entire security chain may as well be discarded.

      --
      I do not fail; I succeed at finding out what does not work.
    18. Re:Stallman is proposing OSS suicide by MooUK · · Score: 1

      In that case, you'll have to use non-GPLv3 software. That, or contact all authors of the relevant software (including patches) and ask for special permission.

    19. Re:Stallman is proposing OSS suicide by Alsee · · Score: 1

      As far as I can tell you completely ignored the issue and went off on an irrelevant tangent. I'm not discussing whether DRM is good or bad or why or what you want to do with it.

      (1) The issue that you want to distribute an executable, and that your copyright authorization to distribute that executable is entirely conditional upon supplying the source to that executable. You can't just supply "some source" for something different. You must supply THE source to THAT executable. That should be trivially obvious.

      (2) If you use a crypto code in compiling that executable then that crypto code is part of the source code for that executable, and thus must be supplied for distribution of that distribution.

      (3) I said that attempting to distribute such an executable without that key code is arguably already ILLEGAL under the existing GPL, and that in any case it is the FSF's obligation to protect and preserve the original intent and operation of the GPL, their obligation to eliminate any possible ambiguity, their obligation to ensure that the original intent and operation GPL may not be circumvented.

      As far as I can see you have not even attempted to provide any argument against any of those three points. As far as I can see you have effectively conceeded that what you want to do is to violate the GPL. As far as I can see you have simply listed why you would like to violate the GPL and why you think violating the GPL would be a good thing.

      If you want to distribute an executable without supplying the full source, fine, do it with non-GPL code.

      Mandating the release of signing keys in such a case would be ILLEGAL under the information privacy legislation in the US or Canada.

      I doubt it, but it doesn't matter and there's no need to argue it.

      The GPL explicitly says that if some other law or obligation (such as a US or Canadian privacy law) prohibits you from distributing a work in compliance with the GPL, then you have no permission to distribute it at all. Simple.

      Again, simply because you would LIKE to distribute executables without complete source in such a case, and notwithstanding any arguments of why it would be a GOOD thing, you cannot violate the law and violate the GPL simply because you think it would be great to do so.

      You have no permission to take MY copyrighted work and modify and redistribute it back to me in executable form without supplying to me the source for it. That is the very heart of the GPL.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  90. I don't get it. by SanityInAnarchy · · Score: 1
    On the other is Linus Torvalds, the father of Linux. He and others in his open-source camp believe that freely sharing code simply produces the best software, but if other people want to hide their code, that's fine, too.

    Will someone (preferrably Linus) please tell me why the GPLv2 is any kind of rational choice. From what I keep hearing over and over again, it really seems like Linux could have done just fine under a BSD license.

    Of what use is it to have the source code if you can't change a line and recompile, and have it run just the same?

    If Linus is really ok with Tivo as it currently is, would he be equally happy with a Tivo with no source code at all, just a penguin sticker on it? Or not even that?

    Again: Why isn't Linux under a BSD license if Linus doesn't care about this RMS philosophy?

    It really seems to me like his opposition to the GPLv3, however irrelevant (Linux can't reasonably move to GPLv3, as you'd have to contact all copyright holders), seems to stem more from a misunderstanding of GPLv3, rather than actual disagreement. But that was only last I checked, thinks may have changed.

    --
    Don't thank God, thank a doctor!
    1. Re:I don't get it. by FishWithAHammer · · Score: 1

      I'd guess he didn't know too much about the BSD license when he put Linux under GPL. But I don't know for sure.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  91. Those who write the software have incorperated. by Anonymous Coward · · Score: 0

    "Name three major open source projects that have moved to BSD or MIT this year. Personally, I think you are an MSFT astroturfer. MSFT loves open source -- as long as it's BSD, they can throw it into Windows."

    So you're basically telling the public that since Microsoft LOVES BSD licensed material. The majority of their products are constructed around that code-base? You're going to have a hell of a time proving that. Let alone the not so obvious to you possability that a lot of GPL code could be used, and you'd be non the wiser.

    1. Re:Those who write the software have incorperated. by morgan_greywolf · · Score: 1
      So you're basically telling the public that since Microsoft LOVES BSD licensed material. The majority of their products are constructed around that code-base? You're going to have a hell of a time proving that. Let alone the not so obvious to you possability that a lot of GPL code could be used, and you'd be non the wiser.


      Oh, stop it. It's well-known and well-settled that the Windows TCP/IP stack is based on the BSD TCP/IP stack. It's also well-known and well-settled that several major MS packages, such as Services For Unix (SFU) use BSD and L/GPL code. Microsoft didn't exactly go out of their way to hide those facts. Besides, I'm not saying by any stretch of the imagination that the majority of your^H^H^H^HMicrosoft's products are BSD or GPL code of any sort. I am saying that MSFT has stated several times that they believe that there is only room for one style of open source license -- BSD. Because it is the only style of license that fits with their business model.
  92. Around and around we go by FishandChips · · Score: 1

    Oh God, not another round of this GPL blabber. About a third of the posts on here seem to be about what Richard Stallman may or may not have meant by what he may or may not have said. Yeah, right.

    Stand back and look at the view. Unless Linux continues to provide what its users want, it will wither and die. Hordes of folks will simply drift away to other platforms leaving only a few diehards, probably not enough to continue to attract the talent Linux needs to stay sharp. Will the GPL v3 help or hinder the continued prosperity and increased adoption of Linux? That's really the only question that matters unless you live in an ivory tower.

    Yes, this may mean dealing with, shock horror, capitalist roaders who'll deliver binary-only drivers and other unholy objects. Better they do that than have them abandon the platform and stuff everyone, though, which would start to become tempting if enough insults get hurled their way. No 3D drivers from Nvidia or ATI, for example, would kill desktop Linux stone dead on the spot. I'm beginning to wonder if that isn't what some of these here puritans would like.

    --
    Las qué passoun
    tournoun pas maï
    1. Re:Around and around we go by SoulRider · · Score: 1

      I know, its beginning to kind of sound like Israel and Palestine without all of the bombings.

  93. Serious question about GPL2/GPL2+/GPL3 by kripkenstein · · Score: 1

    The project [the Linux kernel] has never asked any contributor to sign over their contributions to the project as a whole, and most of that code is specifically GPL2, not "GPL2 or later."

    Perhaps someone can clarify what seems to be an important issue to me. Currently we have GPL2 and "GPL2 or above" (which I'll call GPL2+ from now on) code in the Linux kernel. They are legally able to be formed into a single work (the kernel) only because the GPL2+ are "2 or above", right?

    What I mean is this: what would happen if a small part of the kernel were licensed under GPL3 only (say, one developer decided to adopt the GPL3)? Would it be legal to link it with GPL2 code? Of course it would be legal with GPL2+, but the GPL2 seems to be a problem. By my understanding (IANAL), this is illegal.

    If this is true, then the kernel couldn't even 'gradually' migrate to GPL3, with each developer deciding when/if to do so.

    1. Re:Serious question about GPL2/GPL2+/GPL3 by Hope+Thelps · · Score: 2, Informative

      You're right that you can't link GPL3 only code to GPL2 only code. One or other author would have to dual license.

      You're wrong that there couldn't be a gradual migration, at least if I understand what you mean correctly. For a gradual migration each author would have to initially dual license under version 2 and version 3 (or version 2 and any later version). Then when you reach the point where there is no longer any version 2 only code left, you release as version 3 only. In practice that would mean replacing the code of anyone not willing to make the change. If Linux is one of those people then no chance. If he isn't then it'd still be tricky.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    2. Re:Serious question about GPL2/GPL2+/GPL3 by MooUK · · Score: 1

      As far as I know, you're right. The linux kernel is stuck as, and will likely ALWAYS be stuck as, GPLv2.

  94. FIXED by Anonymous Coward · · Score: 0
    The act of copying copyrighted material should be illegal but the act of creating a copying machine should be legal.

    The act of illegally distributing copyrighted material is already illegal, however we must never be prevented from creating copying machines.

  95. Not "idealism" getting back to the orig. inten by Anonymous Coward · · Score: 0

    "The FREEDOM to actually run the program that you have modified on the hardware that ran the original program."

    So basically the GPL is now covering (dictating to?) patented hardware instead of copy(left/)righted firmware.* So were's the patent right to run whatever software you want?

    Plus the GPL is getting into web services. Another thorny area that's going to get the FSF into trouble.

    *Good thing content providers aren't doing anything like that.

  96. What a stupid, stupid test. by Anonymous Coward · · Score: 0

    Your analysis is quick, and dirtier than dirty. What's worse, it doesn't support your point. It actually proves you wrong.

    Of course a GNU/Debian system will use a lot of GNU software. Is that any surprise? It's a system specifically built around GNU software. Would you be as awestruck if somebody were to determine that most of the system software on a Windows machine was written by Microsoft?

    If you run that test on a FreeBSD system, you'll find a lot of the software contains copyright strings mentioning the "University of California". Why is that? Because a lot of the software that makes up the core of a FreeBSD installation was written there! No surprise!

    Of course, your test doesn't distinguish between links and actual binaries. So there could very well be a lot of repetition. On Debian, for instance, sh and ksh are actually softlinks to a single bash binary. vi is a softlink to vim. cc, c89, and c99 are softlinks to a single gcc binary. In effect, you're counting many of the strings multiple times, once for the actual binary, and then numerous times again for the links to that binary.

    Your pathetic test also doesn't take into account the fact that many of the GNU applications consist of numerous files. A single binary may contain that copyright string 5 to 20 times, one instance from each of the object files that was linked together to form the final binary.

    When you combine all of the aforementioned errors in judgement you made, it's likely that your numbers are hyperinflated by a factor of 10 to 20.

    In the future, please make sure you think before you post such a cockeyed test. Your analysis was flawed in so many obvious ways, it basically renders your argument moot. And frankly, it makes us question your intellectual capabilities. I do hope, for your sake, that your future employers do not find your posting. It clearly highlights your complete lack of understanding when it comes to UNIX systems.

    1. Re:What a stupid, stupid test. by just_another_sean · · Score: 0, Flamebait

      I have karma to burn... You're an asshole.

      It wasn't meant to be a scientific study of whose copyrighting what as who and releasing under what license these days. As your highly opinionated, "I'm a developer but I'm not going to say what I develop" post was short on details and long on subjective bullshit, mine was meant to express the opinion of someone who disagrees with you. At least I tried to show an example* instead of just spouting off the latest "commie, hippy, pinkos are bad for business" rant.

      I do hope, for your sake, that your future development team mates do not find your posting. It clearly highlights your complete lack of understanding when it comes to Free Software.

      So *who* do you work for, SCO or Microsoft?

      *granted it was a flawed analysis

      Posted by someone who doesn't need to hide behind AC to sell his astroturfing opinions.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  97. Consumer vs. techie by cdrguru · · Score: 1

    The problem that you are complaining about is going to get worse. Virtually everything today has a processor chip in it and some folks - mostly the very intense geeky sort - want to have the ability to reprogram their refrigerator, their car, their cell phone and anything else that has a processor chip in it.

    Unfortunately that just isn't going to happen. For two reasons the general public isn't going to get to modify their devices. The first reason is licensing and other legal agreements. If you have a DirecTivo (the box that combines both a satellite receiver and Tivo) and were able to reprogram it at will, there would be nothing to keep you from bypassing the access card. This might be pretty popular, but it wouldn't go over very well with either DirectTV or anyone else involved.

    That is exactly the problem with all of these computer-based appliances. We are looking at a crossroads between one-time programmed parts, masked ROMS and other such non-upgradable techniques vs. flash upgradable devices. Sure, the manufacturer would like to be able to fix problems and add new support to things as time goes on. But this has to be tempered with licensing restrictions and other sorts of issues. For example, if by reprogramming your remote you could control your neighbor's TV across the street (lousy battery life, but really really long range) would this be something that is in anyone's interest? Are there any laws, regulations or anything else that would prevent someone from doing this or punish them if they did? Think about the same kind of thing across all sorts of appliances and devices.

    The other reason this isn't going to happen has to do with devices being resold. Assume you reprogram your toaster to catch fire and sell it in a yard sale to someone. Who gets blamed for the fire? The manufacturer, of course. How about reprogramming a cell phone to produce 20x the output power - when the person gets their brain fried because of this who is liable? This sort of question should have an obvious answer, but it does not in today's legal environment.

    1. Re:Consumer vs. techie by Hope+Thelps · · Score: 1
      For example, if by reprogramming your remote you could control your neighbor's TV across the street (lousy battery life, but really really long range) would this be something that is in anyone's interest? Are there any laws, regulations or anything else that would prevent someone from doing this or punish them if they did?

      If there aren't any legal principles that apply then we're going to need to develop them. Saying that the solution is that people won't be able to modify the software but that if they modify the hardware to achieve the same effect then ahhhh... look a three headed monkey... isn't going to work.

      People have always been able to annoy their neighbours. People have always been able to act irresponsibly. Saying that all of a sudden we have to be able to control all their possesions now that software makes it possible just makes you sounds like a control freak. Sorry, but it really does.
      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    2. Re:Consumer vs. techie by Alsee · · Score: 1

      Your argument doesn't make any sense. The fact is that I can already crack open my remote and put in a brigter LED and get 200 feet of range. I fail to see how that is an argument that someone should be able to violate the original intent and operation of the GPL simply because the software is in a TV remote.

      I can already open my toaster and trivially short circuit it - hell any two year old can trivially stuff some tissues into there. I fail to see how the manufacturer would be liable, and I fail to see how that is an argument that someone should be able to violate the original intent and operation of the GPL simply because the software is in a toaster.

      The GPL means that you must supply the full legal right to modify the software, and that you must supply the full complete source code required to modify and sucessfully compile the working executable. Simple as that. End of story. If some manufacturer, for whatever reason, wishes to NOT to pass on the legal right to modify the software, or wishes NOT to supply the full complete source code along with the software they distibute, FINE. It merely means that they have to write with THEIR OWN software, rather than grabbing some freely available GPL software.

      Look, I'm a programmer. The software I write is copyrighted. As the copyright holder, I have the right to grant or deny other people the right to go into business reproducing and redistributing MY WORK.

      As a programmer, I may quite reasonable choose to share MY WORK under certain conditions. If I choose to use the GPL, what I am saying is that you can us and redistribute MY work, but only so long as you do not take my work, modify it and give it back to me, and attempt to DENY ME the legal right to further modify and redistribute MY OWN CODE, that if you want to use MY SOFTWARE you may only do so under the condition that you renouce any legal claim to SUE ME for further modifying and redistributing MY OWN WORK, including renouncing any DMCA claims to sue me for further modifying and redistributing MY OWN WORK, and that if I supply you with MY WORK with full source to be able to modify and compile that code I am doing so under the condition that you are FORBIDDEN to redistribute it back to me or to anyone else without offering the full sorse code I would need to myself to modify and successfully compile it into a working executable.

      And really, that's all that the two so-called antiDRM clauses in the GPL say. One, updating the GPL to reflect new law and preserve the original intent and operation of the GPL. When the GPL was written, passing o the full legal right to modify and redistribute the code meant passing along the needed copyright and patent rights. Now there is new law by which someone may be sued for modifying and redistributing code - the DMCA and the EUCD. Passign along "all" rights needed to modify and redistribute means passing along the copyright permissions, patent permissions, and DMCA/EUCD permissions, needed to modify and redistribute software under the GPL. And the second so-called antiDRM clause simply explicitly closes what may or may not be a loophole somepeople may attempt to abuse to violate the operation og the GPL. In particular a potential loophole where someone may attempt to pass along deliberately INCOMPLETE source code, that they may attempt to leave out a critical component needed during the compilation process of the executable they are distributing. If the executable contains an embedded crypto signature, and they know that that executable would not work without that signature, then that signature is a functional component of that executable. The code needed to create that signature is a critical component that they needed and used in the process of creating that executable. The GPL simply requires that if they distribute an executable, that they the full source for it - including any crypto key code they NEEDED to compile that executable.

      The widespread argument over these two points is misplaced. The GPLv3 really is accurately c

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

      The reasons you state are the very reasons for putting forward GPLv3. Currently Tivo et al are using GPL software, without letting people modify the devices. This was the intention of Stallman from the beginning. Remember his Xerox Printer incident, it was a device which could not be programmed. I would prefer that Tivo et al write their own software and not depend on free software at all, so that there is an incentive for NoName et al to use free software for their services, because it will be cheaper. If there is no incentive ofcourse their would be no freedom. The service providers will never provide you flexibility if it is not too expensive, compared to the competition. And the competition will come if there is really some benefit to providing a flexible service. Remember an Inflexible service is good for the manufacturer, because it locks its consumers. If the flexible service cannot be cheaper than the inflexible service there will be no flexible service. I hope people understand it more.

      I think the reason why Linus is against the DRM provisions of GPLv3 is that, it is more important for him to have OSS everywhere. While FSF believes that FSS should be as flexible as possible. There is a lot of difference between the two. But I think the FSF's agenda is more important than Linus's agenda.

  98. About bloody time by petrus4 · · Score: 0, Flamebait

    Linus should have thrown down the gauntlet with Stallman a long time ago, IMHO. As I've been saying for a couple of years now, Stallman is an albatross around Linux's neck that is in urgent need of removal.

    Both Stallman and his cult need to be rendered entirely irrelevant. There was a time when he actually *did* contribute...but that time has long passed. These days all he does is cause division and start needless arguments...and said arguments are usually about how much of the spotlight he should be able to hog. As anyone who has been paying attention knows, adulation and control are all Stallman really cares about. That more than perhaps anything else is what bothers me about him...he tries to make out that he is motivated by elevated ideals, when it's been obvious all along that he's simply a megalomaniacal, base narcissist.

    There's nothing elevated or noble about that at all...it's deeply ugly.

    1. Re:About bloody time by SpacePunk · · Score: 1

      They ARE already irrelevant, they just haven't realized it yet. He's a hippy, and nothing good has ever come from a hippy.

  99. Re:I'm not Torvalds and I don't like the new versi by hswerdfe · · Score: 2, Insightful

    How does preventing this loophole become a "stretching" of the original intent?

    I have a diffrent consept of the Intent of GPLv2.
    I thought it was to allow you to know what was being executed on your machine (hardware or virtual).
    so if I own and run a machine I should have a right to know what is happening to that machine. and I should be able to change it to make it do what I want, on my machine.

    but if I comunicate with somebody elses machine (via network) I don't need to know what will be executed on there machine. I only would like to know the protocall being used. and what response should be expected for a given input.

    now as for the "loophole" that GPLv3 covers. which is interaction of GPL code running on a DRM machine. which allows you to change the GPL but not to execute it on the machine after. I remain firmly undecided.

    I see the potetial afront to my freedom
    however
    I also see how this is maybe more of an issue of the hardware/machine licence.

    I need to meditate on my belief structure much longer before I decide if I am for or against v3

    --
    --meh--
  100. Come back, Senator McCarthy... by petrus4 · · Score: 1

    The world still desperately needs you.

  101. Business Lesson by Anonymous Coward · · Score: 0

    Adapt or die.

  102. You missed the point completely. by jotaeleemeese · · Score: 1

    Big conglomerates used licensing in a punitive fashion in accordance to a set of values and morals (dubious ones I think).

    The original poster can;t berate the GNU camp fro using licenses in that way while blissfully ignoring what other people, with far more power and money, are doing.

    --
    IANAL but write like a drunk one.
  103. BW gets it wrong! by gillbates · · Score: 1

    In other words, if a company bundles its hardware with open-source software and ships it to customers, it surrenders rights to enforce patents.

    No, it doesn't. The mere bundling of software is not sufficient to create a derivative work. Only if the company modifies the open-source software by adding patented algorithms to the open-source software would it lose the right of enforcement. Bundling is allowed by the GPL.

    A short reading of the GPL v3 reveals this:

    To the extent that identifiable sections of the modified work, added by you, are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you convey them as separate works, not specifically for use in combination with the Program. [emphasis added]

    I really hate to beat a dead horse, but the media gets it wrong time and again. This make as much sense as saying, "If you write code with a Microsoft product, you can't give it away - because the operating system is proprietary!" I find it odd that a writer astute enough to get hired by Business Week doesn't understand the intricacies of copyright law.

    --
    The society for a thought-free internet welcomes you.
  104. I don't understand the mental porcesses .... by jotaeleemeese · · Score: 1

    .... of some people.

    Can you please tell us when the poor devlopers, may the little bunny have pity of their fearful soul, were forced to GPL their source code?

    Oh! I see what you are saying. Those horrible developers that use the GPL are forcing those poor developers, may the little bunny protect them, to release changes for a product the did not develop.

    Sorry but I think the little bunny is cleverer than you.

    Developers starting a new piece of software are in complete freedom of not using the GPL.

    Developers wanting to take advantage of a work licensed under the GPL have full freedom not to use a software with licensing conditions that will make them miserable.

    You are simply pandering to the individuals that want to exploit the work of others.

    --
    IANAL but write like a drunk one.
  105. Just think of the environment! satire acknowledged by Steeltoe · · Score: 1

    Not to mention the environmental issues when corporations release cheap products with tight DRM that could be put to better use than the limitations they built-in.

  106. Re:Here's the newsforge article, plus 2 other link by Anonymous Coward · · Score: 0

    Good news, the ASP clause is optional and will probably see little use.

  107. Another irrelevant article by an English Lit major by Anonymous Coward · · Score: 0

    The impetus to make a profit (and its associated compromises) isn't sitting well with true believers in free software

    What a crock of shit. It is possible to believe in the rule of law without supporting the divine right of kings. There are plenty of free software based businesses making money, and plenty of non-software based businesses making money using free software. Probably none of them are more powerful than some small countries. What's the f'ng problem? Goddamn B-school flunkies and hobby investors thinking they should be able to clean up doing nothing but pick stocks, that's what.

  108. Re:I don't understand the mental processes .... by RingDev · · Score: 1

    I have no problem with the GPL. GPL can be as craptastic as RMS wants it to be and it won't effect me in the least. What I do have a problem with are people who attempt to cram GPLv3 down every one's throat. People who claim closed source software is inherently "evil" and any open source software that isn't under their license of choice is a lost sheep.

    The freedom that I will defend is the freedom to chose which ever damn license and model I want to use, be it GPLv2, GPLv3, Closed Source, or any other.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  109. Hardware restrictions by nuggz · · Score: 1

    Your solutions both require the HARDWARE perform a certain way.
    Restrictions on the hardware or host OS are outside the scope of the GPL affecting software.

    The GPL can not force hardware or other software to a certain behaviour. This is the loophole TIVO exploits, and also why many think the GPL v3 is over reaching it's rightful place and becoming more of a EULA than a copyright license.

    1. Re:Hardware restrictions by mr3038 · · Score: 1
      Your solutions both require the HARDWARE perform a certain way. Restrictions on the hardware or host OS are outside the scope of the GPL affecting software. [...] The GPL can not force hardware or other software to a certain behaviour. This is the loophole TIVO exploits

      Yes, GPL cannot specify the hardware or it cannot require the underlying platform to perform a certain way. The GPLv3 can, however, specify that you cannot sell such hardware with GPLv3'd software as a bundle. Selling such bundle requires you to distribute GPLv3'd software and that requires a license which would be the GPLv3. If you don't accept the requirements the GPLv3 specifies (which require you to provide the end user a way to run his own modifications) you are not allowed to distribute the software at all. Which was the point of GPL in the first place.

      I have to agree that GPLv3 could still be circumvented by selling the HARDWARE and SOFTWARE (under GPLv3) separately. The customer would then be clearly informed that the HARDWARE he buys cannot be used to run software expect if it has been signed by company X. If the customer is happy to accept such restriction when he buys the HARDWARE, then there shouldn't be any issue with the GPLv3, right? If that customer later decides to buy some signed software for his newly purchased HARDWARE there shouldn't be any problems with such software being GPLv3 AND signed by company X.

      I'm not entirely sure if GPLv3 legally forces you to provide a way to sign software for the hardware you sell if you ALSO distribute any software covered by GPLv3 for such hardware. Perhaps even this could be circumvented by distributing (/selling?) the signatures separately from GPLv3'd software.

      --
      _________________________
      Spelling and grammar mistakes left as an exercise for the reader.
  110. Re:I'm not Torvalds and I don't like the new versi by TuringTest · · Score: 1

    Being a software person, I don't see Open Source being about machine control as much as it is about the logic behind controlling my information. If I use a system, I want to be able to audit everything done to my data.

    That's why I don't feel that GPL should depend on "technical details" like the software architecture being centraliced in a machine or distributed over a network. Sure, the typical example was of Stallman being unable to modify the drivers of his printer - but since then software has evolved into a product on its own.

    (And of course if a software system is built with the collaborate effort and knowledge of hundreds of people under GPL, I prefer the system sources to be available when the system is open for public use, so that the cummulative knowledge remains available to the public). Which kind of freedom do you usually support, BTW? Negative (no interference) or positive (protection to pursue your life goals)?

    --
    Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  111. I think you are wrong. by jotaeleemeese · · Score: 1

    If a company uses GPLed software for internal purposes, and does not redistribute the binaries (i.e. only for internal consumption) an employee can't take that code out since he is not the owner of those changes.

    It is up to the entity making the modifications to decide if they redistribute the binaries (and thus force themselve to make the source available), but that does not give carte blanche ao somebody working on behalf of that entity to decide for himslef what to do with code that is not his to distribute.

    --
    IANAL but write like a drunk one.
  112. The author forgoes some of his freedom..... by jotaeleemeese · · Score: 1

    .... when provides a good or service with his software.

    --
    IANAL but write like a drunk one.
  113. You've Pointed out the Irony by Morosoph · · Score: 1

    Linus is arguing against GPL version 3, essentially because it is less like the BSD licences.

    I disagree with the rest of your reasoning, BTW, but I do not believe it to be worth a flamebait mod: it's a reasonable opinion.

    If you are in fact an anarchist, your reasoning is sound, but most people recognise the purpose of (justifiable) law: you restrict freedom selectively, so so to maximise overall freedom, thus legislation is a utilitarian enterprise. If you believe that law always diminishes total freedom, then it is reasonable to argue the same of the GPL, either version two, or version three. Otherwise, you should find it a much harder case to argue. A lot of software out there that I can hack is GPLed, so it's certainly enhanced my freedom.

    Generally, I would say that proprietry licences maximise first-person freedom; practically speaking, you still have the choice of what you are going to do with the software later. Although open sourcing leaves you with the physical freedom, you may well lose the opportunity.

    BSD-style licences maximise second-person freedom. A great act of generousity to be sure.

    GPL-type licences maximise total freedom, according to my analysis at least. More derived works will be available to the world, and many coders would want to contribute without feeling that their code would be close-sourced, adding still further. The various GPLs add to first-person freedom too, in that you can still licence your software privately; the opportunities to do so may be fewer than with proprietry licences, but they are more likely to be present than would be the case with BSDed code.

    There is one piece of flamebait: the charge of Communism. To charge that a utilitarian licence that seeks to maximise freedom, volentarily chosen by the coder and accepted implicitally by subsequent uses of the code, is somehow Communist, is a slur.

    1. Re:You've Pointed out the Irony by Aladrin · · Score: 1

      I can see how GPL is a kind of balancing act between first-person rights and second-person freedoms... I don't know that you can say it guarantees the first-person freedoms, though. They have complete freedom to do what they want with their code regardless of what license they pick. Proprietary (and to a lesser extent, GPL) licenses guarantee their 'rights' (for lack of a better word) to their code. The 'right' to charge money for the code itself, etc.

      As for Communism being a slur... As I said, it's not a curse. If the world were perfect, Communism would be the perfect government. (Well, maybe Anarchy would be as good.) And I stick by my claims that they are similar. They both try to force everyone to be the same in fundamental ways. This is true of any viral license.

      I'm not going to say it wasn't a hard decision to decide to release my program under the BSD License. Like any pack-rat programmer, I have a VERY hard time letting go of anything. Especially if I've put real effort into it. But guaranteeing my rights on software that I have given away... It just doesn't make sense to me. In fact, that lesson was learned through experience... I released a utlity for a game that was the first of its kind. It was great. People loved it. They still use it today, years later. There's still no real competitors. I never gave away the source.

      I have since lost the source, and nobody has created a real alternative to it. Luckily, it was free of any major bugs at the time. But if I had just bothered to release the code, who knows what someone could have done with it when I lost interest? There could have been some truly awesome things done with it. If I had released it under the GPL, it would be out there, but anyone like me wouldn't have touched it. I don't like being forced to do things.

      I understand what you're saying about restricting freedom selectively... 'Good of the many' and all that. I just don't agree.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  114. Re:Here's the newsforge article, plus 2 other link by MooUK · · Score: 1

    To some extent, as far as the kernel is concerned it makes no difference what the new version of the GPL says. Neither Linus, nor anyone else, can change the license it is released under, even to a later verion of the GPL, without getting permission from EVERY SINGLE CONTRIBUTOR (with the small exception of the few who did not follow Linus' example in leaving out the optional "or later version" clause in the boilerplate). And I doubt that will ever happen, or even that anyone will ever try.

    (This issue, by the way, is exactly what makes what the maintainer of XChat a copyright infringer - there were patches added by others whose permission was not asked when he started releasing his proprietary, closed shareware versions.)

  115. THEIR hardware!? by Anonymous Coward · · Score: 1, Insightful

    > My objections about DRM are fairly mild. I understand the concern from companies like Tivo (but this is irrelevant-- nothing stops anyone from making a Tivo clone and not including the DRM. You just can't use their hardware).

    Clearly, you've forgotten about patents. Not to mention the infeasibility of building a Tivo clone for most of us. Besides, if I buy a Tivo, it's none of their damn business what software I run on the device. It's *MY* Tivo at that point, and the bastards have NO right to tell me what to do with it.

    So tell me again, after I buy it, why is it still "their hardware"!? That's exactly why I HATE DRM--they're trying to take control of my stuff after they sold it to me! *I* intend to control my own life, not let them do it for me!

    This captcha code freaks me out sometimes. The captcha for this post is "predicts" ...

    1. Re:THEIR hardware!? by einhverfr · · Score: 1

      Ok, if I want to make hardware that breaks under certain documented circumstnaces that is my right and it is your right not to buy it.

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:THEIR hardware!? by isilrion · · Score: 1

      Ok, if I want to make software and I don't want you to sell it in your hardware that breaks on puropose under certain documented circumstances, that is my right and it is your right not to use it.

    3. Re:THEIR hardware!? by einhverfr · · Score: 1

      Sure, but then... this is irrelevant. Nothing in the GPL v.3 will affect Tivo anyway in terms of the Linux kernel because the Linux kernel will never move to v3.

      Maybe RMS can stop trying to pretend that his adoption of Linux means we have to pay homage to him in calling the system what he wants us to...

      --

      LedgerSMB: Open source Accounting/ERP
    4. Re:THEIR hardware!? by isilrion · · Score: 1

      I can't find where in my post I mentioned that I am a kernel developer or that my software is included on TiVo in any way. I also didn't notice where in yours you mentioned that you were a TiVo developer. For that matter, I can't find any reference to the name "GNU" or "RMS" or even "Linux". Are you sure you are replying to the right post?

  116. Re:Vote with their feet? They did, but they forgot by MooUK · · Score: 1

    I don't know if anybody's ever asked Tivo that. Maybe someone should?

  117. Remember why the GPL was created by Sloppy · · Score: 1
    How is this not the true spirit of the GPL?

    Because it's exactly the problem that the GPL was created to solve! Go back and check your history: RMS wanted to maintain a printer driver. He couldn't. He was pissed.

    All you're saying is that RMS should have bought another printer. Well, he didn't. He created the GPL instead. That should pretty much tell you what "the true spirit of the GPL" is. You can be damned sure that anything that is compatible with the true spirit of the GPL, will allow software maintenance by end users, without having to buy new hardware.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  118. DRM evolving by Anonymous Coward · · Score: 0

    The next version of Digital Restriction Management - DRMS

    DRMS not Richard Matthew Stallman

  119. Try explaining what GNU is to the uninitiated. by websitebroke · · Score: 1

    GNU/Linux is a pain in the ass name.

    Most people have at least heard of Linux at some point or other, and usually understand that it is a free operating system that is designed to compete with proprietary systems.

    Explaining that GNU is all those useful tools like ls, gcc, make, cp, rm, mv, etc. is pretty much pointless. How many people do you know outside of computing that have ever used a command line? You get about exactly as far with this line of reasoning as you do explaining the ins and outs of web standards when offering Firefox. Explaining that Firefox is easier to use, is capable of prettier web pages, and is more secure does the job nicely.

    If RMS wants people to use the GNU tools, and any other sort of free software for that matter, he'd be much better off making the next Photoshop/Office/Windoze killer than sending pointless emails to people who already know what the hell the difference is anyway.

    Most people that I come across don't find the recursive acronym particularly amusing either. "must be a geek thing"

    Last time I checked, KDE, X, GNOME, etc aren't part of GNU either. Should we call it GNU/Linux/X/KDE or GNU/Linux/X/Fluxbox? When you say Windows and MacOSX, people think of a computer that crunches numbers, plays music, sends email, and has a pretty point and clicky GUI over the whole thing. The english language (and it seems many other languages, but correct me if I'm wrong) has settled on Linux. Let's just go with it. Don't underestimate the importance of simplicity.

    1. Re:Try explaining what GNU is to the uninitiated. by websitebroke · · Score: 1

      Oops, one correction to the above. GNOME is part of GNU.

  120. Re:We have a good idea about what the GPLv3 will b by Anonymous Coward · · Score: 0

    We're much more inclined to release our code under the BSD or MIT licenses just because we can understand them without having to get a complete legal background. And it gives us (and others) the additional freedom to profit from our work, should we choose to do so.

    If you write your own code, you can do anything you want with it, including putting it in a 100% proprietary app. If you release you own code as GPL, then your competitors have to pay you for a non-GPL-licensed version or develop their own. In general, if profit is your prime concern, then your best license choices are close-source or GPL.

  121. It is a very bad test. by Anonymous Coward · · Score: 0

    I am very pleased that you admit that your test was flawed, and did in fact prove you completely wrong on this matter. Your example was a horrible one, and you have publically humiliated yourself.

    However, I do accept your apology, and I accept your admission of defeat. In the future, try to avoid ad hominem attacks. They're very poor discussion style.

    My child, I have some words of wisdom for you: when you try to debate with the best of the best, you should be prepared for your defeat. Your defeat will be inevitable, perhaps until you graduate from high school, attend college, and obtain at least one job within the computing industry. But by that time, you'll realize how wrong you were when you were younger. When that time comes, if you feel like apologizing again, I'll be ready to listen.

    1. Re:It is a very bad test. by Anonymous Coward · · Score: 0

      I hate to get involved in a flame war here, but I find it interesting that you mention "In the future, try to avoid ad hominem attacks" and then follow that up almost directly after with a string of ad hominem attacks.

      Also I wonder how he is meant to return to apologize to you when you clearly are posting as AC

  122. Re:I'm not Torvalds and I don't like the new versi by Alsee · · Score: 1

    using the software through a network

    Ensuring the source of such applications is availible to the users is certainly an interesting idea. Lets even assume for the sake of argument that it is an indisputedly great idea and powerfully desirable thing to do.

    The fundamental point is that is doesn't matter how good and desireable a goal is, if there is no reasonable valid mechanism available to reach that goal. Just because you can imagine something doesn't mean the GPL has an actual mechanism-in-law available to enforce that thing.

    The GPL is founded upon the copyright control of reproduction and distribution. If someone engages in reproduction and distribution, then the GPL can lawfully impose pretty much any terms it likes as conditions to authorize that reproduction and distribution.

    US copyright law explicitly says, and EU compright law explicitly says, and virtually all copyright law on earth explicitly says, and the GPL explicitly and redundantly reaffirms thatsomeone who receives software need no licence to install and run that software. If someone gives you GPL software, you can simply dismiss anything and everything the GPL says. If you reject the GPL then you cannot reproduce and distribute the software - but fine - you don't reproduce and distribute. You simply install it as the law explicitly authorizes, and you simply run it as the law explicitly authorizes. And you can do so free of any GPL terms at all.

    The GPL has no reasonable valid mechanism avilable to it to impose obligations upon someone running software as a network service, if he's not redistributing it.

    Well, that's only partially true. To somewhat simplify the law, there are exactly three catagories of things restricted by copyright. Reproduction and distribution, as listed above, and public performance. One could attempt to argue and attempt to apply that public performance angle to impose GPL obligations upon anyone running a "performance" that was "accessible to the general public". It *might* be workable, but it is in my oppinion an extremely ugly legal avenue to take, not a precedent we would want to set, and it would not apply when and where a software service could dodge the "accessible to the general public" issue.

    I think the only other way to impose that sort of clause - a route that we REALLY don't want to take - would be for the GPL to attempt to bind receivers of software prior to receipt. To mandate that *I* must get *you* to agree to be bound by a GPL contract before I am allowed to give you a copy of the software. No distribution without an individual contract formation prior to that individual distribution. That no one could put GPL software up for free access downloads.

    So having the GPL address network execution is interesting and maybe conceptually desirable, but actually trying to implement would be very very bad. IMO.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  123. Vote with their mouths?They did but they keep talk by Anonymous Coward · · Score: 0

    "The article argues that copyleft (not free software) is anti-business. This is clearly not true because the copylefted free Unix-like operating system (GNU/Linux) has far more business contributions and business models base on it than the non-copylefted free Unix-like operating systems (the free BSDs)."'

    Oh gee, another GPL troll. Tell you what. We take back Apache and all the other non-GPL software. And you try your "world domination" without us.

  124. Re:I'm not Torvalds and I don't like the new versi by sparkz · · Score: 1

    Many years ago I wrote an article (which I never got around to properly finishing) and RMS was kind enough to reply to my queries about this.
    My Question
    RMS's First Reply
    RMS's Follow-up
    I think that was pretty clear back in early 2001

    --
    Author, Shell Scripting : Expert Re
  125. Re:Here's the newsforge article, plus 2 other link by Alsee · · Score: 4, Insightful

    Close, but you still overstate when the GPL3 requires you to give people your keys. For example you can keep a private key and sign software enabling people to authenticate that it came from you or that you certify it, and you can give them the GPL software without turning over your key.

    The way I'd put it is that the GPL has always required you to supply the COMPLETE source code that is needed to sucessfully compile the intended WORKING executable. Look at the Tivo case for example. What happens if Tivo themselves attempt to compile their software for its intened use, and they do not use their private key during the compilation process, and they do not embed that crypto signature in that executable? Then they themselves would be incapable of making the intended working executable. That signature is in fact a functional element of the executable, and the key is in fact a required portion of the source code for compilation.

    The GPL3 simply clarifies that that key is indeed a part of the source. This is simply clarifying the origingal intent and fuction of the GPL. That either the original GPL already covers this sort of case (and simply no one has tested this issue legally), or this sort of case is an abusable loophole in the original GPL and the GPL3 simply closes that loophole.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  126. Richard Stallman is not a radical by Zigurd · · Score: 1

    To paint Richard Stallman as a radical is simply incorrect. He is not trying to change reality, he sees it as it is: Compiling a higher level language to machine code or intermediate language was never designed to be a good way of protecting intellectual property, and, not surprisingly, it isn't.

    Stallman sees the consequence: attempting to obscure what your computer is doing is futile and/or harmful. Everything else follows from that. You need different licenses, different business models, etc.

    I have also never known Richard Stallman to be against making a buck.

  127. I tend to go with the ideas Camp. by Anonymous Coward · · Score: 1, Insightful

    The GPL is about freedom of code. The BSD is about freedom of ideas.

  128. It was clear back in 2001, but by einhverfr · · Score: 1

    the new GPL will probably change this.

    --

    LedgerSMB: Open source Accounting/ERP
  129. Re:Here's the newsforge article, plus 2 other link by einhverfr · · Score: 1

    I wish I could believe that. I am waiting to see what happens.

    It is a shame because the rest of the license is pretty good.

    --

    LedgerSMB: Open source Accounting/ERP
  130. You are mistaken by einhverfr · · Score: 1

    You are putting the cart before the horse. IIRC the issue is that the GNU project decided to adopt the Linux kernel and hence they now request the name. I know many Solaris administrators who, the instant they finish installing a Solaris system go and install the GNU tools. Yet the *only* reason that RMS doesn't want credit for these systems is that they are not exactly Free Software (at least with the exception of OpenSolaris which is GPL-incompatible).

    From my vantage point, it looks like RMS trying to co-opt the Linux kernel rather than the other way around.

    --

    LedgerSMB: Open source Accounting/ERP
  131. I'm not Networked and I don't like the new version by Anonymous Coward · · Score: 0


    "Distributing software as a service to the public is just like distributing software. You just do not give them a floppy anymore. It is 2006, not 1991... People are distributing software as a service more and more.

    ???
    Frankly, the more I read this thread, the more I wonder how much the initial idea is both flawed and not enforceable in the real world:

    1. People are NOT distributing software "as a service" (unless it's javascript applets, of course): honestly, I am amazed that this is being said with a straight face: people are running software on their own hw to offer a public service, just like they are using paper. Running a modified copy of, say, Drupal on your server is NOT distributing that sw as a service. It may be anti-FOSS, but certainly is not being distributed. And SW is just a tool.
    2. I also agree with the idea that what I do only on/with my own computer, without telling others what to do on theirs, should be nobody else's business, even if it's a (legal, of course) public service: among other things, being able to do this is exactly what enables good programmers to get recognition (monetary or otherwise) above the others and make a living without forcing proprietary licenses: like good, honest sysadmins who get more customers because they can run an ISP better than others.
    3. What does "offer a service to the public" mean? What If I hack OpenOffice to run much faster, and only run that copy on the NON NETWORKED computers of my Internet Cafè or public library, which are there just as a service to the public? What about terminals inside banks? When do you stop defining public?
    4. Besides looking intrinsically wrong, this clause seems to me very, very, very easy to fool legally. RPC, anyone? Instead of hacking, again, Drupal, to perform function X I can simply hack it to only call an external program to do the same function for it. A separate program which I write and run on the same server, but never (have to) release. You'd only force me to release that Drupal change which remains useless to everybody else. Basically, you piss developers off by making them work one hour more and live with some often negligible performance hit... to have nothing back. Or are you saying that anything that can be piped to grep must be gpl because grep itself is gpl?

    I am confused, really.
    Marco F."

    http://trends.newsforge.com/comments.pl?sid=58221& cid=130033

    "This reply is meant for all you people defending your current right to leech off GPLv2 code as an ASP

    I'm not an ASP, nor I plan to become one right now.

    As far as I'm concerned, if you're using my GPL(v3)/HPL code (hypothetically), and you're so much as using it to send a single packet to anyone who asks, you better expect to lose your license

    So if I hack your GPLvX email autoresponder for my own personal use and run it ONLY on my PC to answer email from others, I MUST release the patch? ...don't think for a minute that the code is meant for you to use as...

    The code is meant to use as its license SPECIFICALLY and EXPLICITLY says. Any speculation or assumption are worthless.

    It doesn't appear to me that those doing that really actually grasp what the GPL is and what it's meant to be.

    See above.

    Do you think that library is not public somehow

    Of course I think it is public. Byt I used that as an example of why the proposed license seems to me incomplete and counterproductive. Ditto for the "sweet OpenOffice hack"

    About your sweet OpenOffice hack, as long as it's not being used as part of a service you offer to the public (like allowing a member of the general public to come in and write documents), there's no problem. Hack away. Happens all the time. Otherwise, the terms are not being followed.

    N

  132. DRMed arguments by Anonymous Coward · · Score: 0

    There's really only three solutions available. One is basically making Tivo's "unhackable" (read ROM). Everyone loses. The other is a dual flash. The original in one side, and the "let me play with it" on the other. Everyone pays more for a minorities "freedom". The last of course is going with a license that doesn't have these issues.* Which one do you think businesses will adopt?

    *Funny how on one hand, some say "if you don't like it, don't use it", but on the other hand practically beg that others use their software (usually so they'll get something out of it).

  133. Voting machines by jesterzog · · Score: 1

    That is, if a hardware manufacturer releases source for a software product which drives their hardware but the hardware won't actually run modified versions, that's not really "open source" (and certainly not "free software"). That's "look but don't touch".

    I'm starting to agree with this too, but it's taken a while of thinking to get to this stage. The main issue I've been trying to work out, which is one that's come up in previous GPL3 discussions, is with open source voting machines, and the legality of using GPL3'd code to write software for open source voting machines that might need to be restricted to running a specific revision of specific software to be trustworthy. In that case it's really in everybody's interests that the code can't simply be changed by someone at the end of the line who controls a voting booth, and I'd like to think that secure-from-tampering hardware is still possible with GPL3.

    I think the best answer to this, if it holds up legally, is that the central voting authority which owns the machines (state authority, national authority, whatever), is the authority that should be adjusting the hardware to restrict it to running a particular set of code. That said, I'm still not sure exactly how the legal side of it works out, which would probably depend on a lot of details about who owns what, who's employing who, who's giving what to who, and what counts as "distribution".

    1. Re:Voting machines by anandsr · · Score: 1

      Actually the situation is much more simple. The manufacturer of the hardware/software will just provide a mechanism for setting up the password, but it will not set the password. The password will be set by the voting authority. So the manufacturer has no way to rig the system. Since the software is open source everybody (including the voting authority) can check that there are no holes, but need not have the password, as its not part of the hardware/software at all. I believe the authorities should provide some machines online to let people try to hack them based on the available sources. And there should be a hacking challenge. If nobody is able to hack it for some time like 3 months then the hardware/software can be approved for usage in voting machines. The GPLv3 has no problems with this situation.

  134. ntoskrnl.exe (somewhat off-topic) by Myria · · Score: 1

    The NT kernel is called ntoskrnl.exe, or ntkrnlmp.exe on multiprocessor/multicore systems. Both get named ntoskrnl.exe upon installation.

    Melissa

    --
    "Screw Sun, cross-platform will never work. Let's move on and steal the Java language." - Visual J++ Product Manager
  135. Fell free, I may take my bussiness elsewhere. by Anonymous Coward · · Score: 0

    During my now longish carrer as an IT professional, I have been in so many ocassions under a situation I was hostage to a provider, and no matter what, I had to stick with some individual or coampny that have probed unreliable or incapable.

    You are free to charge for your software, I don't know why some thick skulls can't grasp that opening the source code does not preclude you to do that. But nowadays, if you are going to charge me, you better are prepared to make sure the code is easily maintainable by me, your client, in case a bus hits you or that you decide to abuse your position as a provider.

    IMHO any software development contracted out should be GPLed or at the very least BSD licensed. Otherwise you'll have no deal with me.

    And this applies as much to you as to big conglomerates as Sun, IBM or MS.

    One company that shall remain nameless has not provided us with a solution to a bug that has been affecting us for the best part of 3 years now. We have enough inhouse expertise that if we could see the source code we could fix the problem ourselves. But alas, we can't.

    Unsuprisingly open solutions are becoming very popular in my company. Let me put it this way, when people say that Linux is not ready for the desktop I just smile knowingly.

    And unsurprisignly this company is now opening their source code, the same one we could not see just a few months ago.

    Yoou go ahead and live in the past, the rest of us are busy finding ways to deal with the future.

  136. You are willing to deal with capitalist roaders... by jotaeleemeese · · Score: 1

    ... but strangely fail to understand than to do so a solid legal framework is needed. You may call it "GPL blabber", but I am not going to discuss a matter of semantics. The fact is that if people do not discuss this issues we are going to be had, and ejoy it, by the copyright and patent lawyes of those acpitalists you seem to be so fond of.

    Linux was not created to provide what the users want. Linux was created to fulfill a need: the right to tinker. Linus was not envisioning pleasing the users, he was trying to get a tool that would work for him.

    As far as I am concerned the users will come because there are companies prepared to make this possible, but the only saving grace that differentiates Linux from other OSes is freedom, not features.

    People have been adopting Linux because they are free to thinker with it. Not because the features (there are better desktops out there, some applications you simply can't get for Linux, even an equivalent). People are prepared to put up with lack of features because they can suit the system to thei own needs in a way not possible with other systems, even if hand holding comes in the form of USENET instead of expensive, ungainly, paid for phone support.

    If people do not keep their eyes on the ball, the freedom will go away, and then Linux would be doomed: its only distinctive advantage (freedom) would be lost, and thus it would not make sense to use it.

    --
    IANAL but write like a drunk one.
  137. What a sad waste of time. by jotaeleemeese · · Score: 2, Insightful

    2 years of not getting it. Truly sad.

    In an era when companies are patenting "one click" buttons, to say that the people that provide a legal framework for FOSS are doing nothing, is most disingenious, uninformed and frankly idiotic.

    Some people in the IT world need to broaden the view of the issues at hand, hacking (in the good sense of the word) is not what software is all about, your right to tinker, protected by people like this "albatross" you deride so cheaply, is essential if you have any hope of challenging big companies at their own game, os simply if you want to preserve the pleasure of thinkering and sharing without receiving an stupid lawsuit.

    The problem with people with vision and understanding of a situation is that they are not unifiers, they are dividers because they say the truth as they see it, but the truth always hurts, and the people harmed will obvioulsy answer back.

    To say that Stallman cause contoversy is an unintended plaudit, sheppesh compliance is what kills progress. Agitators as what fuells it.

    --
    IANAL but write like a drunk one.
  138. you're all missing the most important point by miro+f · · Score: 1

    Talking about what the system should be rightly called seems a pointless waste. In reality, the system is named what people call it. If everyone calls it "Linux" then the system is called Linux. It's not about who is right or wrong and of course Stallman can call it GNU/Linux if he so wishes, and all the best to him. But the correct name is Linux by the simple fact that most people call it Linux. And I will continue to call it Linux not because I disagree with what Stallman is saying (I don't) but because a) it's the common name and b) GNU/Linux is too cumbersome to say.

    People don't get words from dictionaries, it goes the other way round.

    --
    being vague is almost as cool as doing that other thing...
  139. That's OK, it's Your Code by Morosoph · · Score: 1

    You get to choose your licence: that's fundemental.

    Okay, Communism isn't a slur, but I don't think that it's quite right. Certainly it's in the direction of Communism, in that it diminshes private intellectual 'property', but the nature of the GPL is closest to (say) antitrust law. Certainly the licence is viral, but its potency is limited to volentary interations, and doesn't appeal to anyone's sense of a superior society, except insofar as people generally follow the law. Certainly that appeal is an attraction, but it isn't necessary. The licence does not require ideology to work.

    I lean towards anarchism myself, so I understand what you're saying; I think that acting for "the greatest freedom of the greatest number" is in fact a very balanced way to act, and only appears extreme when issues have been politicised with ulterior agendas (not necessarily of the part of the speaker; it's the frame of reference that has been shifted). In the limit, it may tend towards anarchism, but given our society, it implies law, IMO.

    The GPL enhances third-person freedom: this was the point that I intended to mention, but got swallowed when I wrote "total freedom". If one acts in a social context, and wishes to give something to the world, it's a good licence for doing just that. I'm doing a spot of game level design at the moment, which I will be releasing under a creative commons licence, and when I get back into coding (I've been recovering from a breakdown), I intend to release code under the GPL version 3, unless I can enhance freedom more in some other way (example: I2P).

    The first person freedom of the GPL is simply that you have held onto some leverage. This is power more than freedom, but the effect is that there is more choice in what you do with your code in future. One way of looking at this is that you were less generous in the first place, but I would argue that you were differently generous; rather than giving to the next coder, you gave to the user. Indeed since the code's value derives from its ultimate utility, I would rather give to the user, but I also understand your way of thinking.

    1. Re:That's OK, it's Your Code by Aladrin · · Score: 1

      You know, that I2P site's first page makes part of my point about the GPL.

      "if a developer considering whether they can integrate I2P with their application has to stop and check with their lawyer, or conduct a code audit to make sure their own source can be released as GPL-compatible, we lose out."

      This is a perfect example of the GPL hurting (theoretically) not only the user, and second developer, but first developer as well. Fear/non-compliance with the GPL will (possibly) prevent some useful utilities towards their goals. It will also prevent 'abuses' (perceived or actual) of the developers' kindness, I admit.

      There's 1 more point I didn't mention, though. Lawsuits. If I'm not willing to go to court to fight for my rights on a piece of code, there's not much point in putting it under a restrictive license. If someone violates it, they'll get away with it simply because I won't fight. I don't have the time, money, or (often) inclination to do it.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:That's OK, it's Your Code by Morosoph · · Score: 1

      I get your point, but I do think that it's a trade. In the case of I2P, precisely because the software itself enhances freedom in its very functionality, greater and faster penetration is worthwhile at the expense of guarding against reduced freedom to make alterations further down the line.

      The GPL forces a bifocation into free and non-free, which actually enhances market efficiency, since free software development doesn't subsidise proprietry software development, making for cleaner competition.

      The GPL can attract, as well as repelling derived works (which you acknowledge), so which licence to use does depend upon context, since you'll want to be working with the grain of those who might wish to contribute. If I wished you to help me on some future project, for example, we'd have to discuss licences, and would maybe reach compromise (eg. the LGPL), or maybe, depending on the project, I'd judge that your help was more valuable than maximal user freedom for that project, which might lead me to capitulate.

      Lawsuits are an important reason, but most larger companies will avoid knowingly breaking the law even without them. GPL Violations is a project that attempts to gain compliance through raising public awareness, and you may well find that the FSF will help you out, even if you don't donate your code to them (which I wouldn't do, since I'd like to have the right to close-source my own efforts). If your code is of any importance, you might find that IBM (say) intervenes upon your behalf, as part of the value proposition to them is that they can compete upon services, and closed (illegal) competition is a game that they've decided not to play.

  140. Im with *BSD by Lucractius · · Score: 1

    No Interference is not Negative Freedom.

    its simply Supporting the right of people not to be MADE to bother about such nonsence they dont wish

    I personaly dont like how the fsf and rms are causing the same kind of stuffed up licence uncertainty and legal issues with this whole rewrite that sunk the bsds when linux was starting out. buisnesses were scared this stuff would make them a target of a big lawsuit by the old guard unix corps. Now its being forced to hand over your entire code base by this gpl3 thing...

    I blame the bearded man !

    SANTA!

    --
    XML - A clever joke would be here if /. didn't mangle tag brackets.
    1. Re:Im with *BSD by TuringTest · · Score: 1

      Now I'm curious. How do you differentiate the positive from the negative forms of freedom? By my understanding of positive freedom it requires an active action, so your "Supporting the right of people not to be MADE to bother" would qualify as a POSITIVE! (since that right needs to be defended by other people's support in order to be effective).

      Actually there's a point where the distinction of both kinds of freedoms begins to blur, specially if you use double negatives. The only criteria I've found is whether a given right is fulfilled through action or inaction of others. What's your criteria to claim that No Interference is not Negative Freedom?

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  141. shared access to data vs. shared access to hw by gdamore · · Score: 1
    I think you're wrong, at least in the intent.

    Stallman/GPLv3 want to ensure that companies can't release hardware with GPLv3 software unless you allow customers to replace the software on that hardware. How you do that is effectively up to you.

    This is about making sure everyone can access your hardware. The DRM implications are a side effect. (Yes, FSF happens to be strongly opposed to DRM, so its a bonus in their view point.) This makes, e.g. signed firmware (or rather a process by which signed firmware can do things that unsigned can't) irrelevant.

    This is a serious problem for certain kinds of applications that have nothing to do with DRM, and everything to do with security. Under these rules, for example, it would be impossible to use GPLv3 software in functions conformant with FIPS-140-2 (the federal standard for cryptographic devices/software).

    Now, I happen to agree with Torvald's supposed view, which is that the GPL is useful in that it ensures that the innovation that exists in GPL software is not lost, and that if commercial entities are going to stand on your shoulders (as a GPL author) then it is fair to ask them to accord the community the benefit of their improvements. This is entirely useful, and doesn't prevent companies from building closed-hardware with GPL sources.

    The problem is that some GPL zealots believe that if they purchase a piece of hardware, they should have the right to replace the software on it. I don't think that is a natural right (or rather, I don't think it is an obligation that the manufacturer should have to help you). Remember the event that has been attributed to the birth of the GPL was the fact that Stallman couldn't replace some software for a printer. I think RMS is concerned that GPLv2 combined with cryptographic signing doesn't address his original concern in this regard -- hence GPLv3.

    By enforcing this view, I think the GPLv3 does the OSS community a grave disservice, by fragmenting views and creating situations where license incompatibility gets even worse. Commercial entities that heretofore have embraced GPLv2 will shun GPLv3.

    This is also true of the provsion that requires companies which provide network services to release their enhancements. How much GPL software do you think Google uses? How much of it will Google continue to use in the face of GPLv3? Or will they just abandon GPLv3 software in favor of commercial or alternate open source solutions? It could be a great thing for my two favorite OSS communities -- NetBSD and Solaris -- if Linux ever adopts the GPLv3. :-)

    As I said, GPLv3 is a grave disservice to the OSS community, and even without the implications for DRM'd media content.

    1. Re:shared access to data vs. shared access to hw by pinky0x51 · · Score: 1

      >This is a serious problem for certain kinds of applications that have nothing to do with DRM, and everything to do with security. Under these rules, for example, it would be impossible to use GPLv3 software in functions conformant with FIPS-140-2 (the federal standard for cryptographic devices/software).

      I think you are wrong. For example a company can use GPLv3 code, sign it and use it with their DRM hardware to make sure that only this software runs. They don't redistribute hardware+software in a form which would deny freedom to the recipient of the system they just use it to create security for their IT infrastructure and this will be OK with GPLv3.

      It's like Linus Torvalds example in one of it's responses that the GPLv3 would make election machines impossible. That's wrong too. A country could take their election machines and their copy of GPLv3 software and make sure that only software verified by the government will run on the machines. What isn't allowed is to sell to a country election machines with GPLv3 software and with pre-installed keys so that the government couldn't change the keys or the software. This would make the election dependent from a software company while the government is the institution which should have the control over their election and of course over their election machines.

      >The problem is that some GPL zealots believe that if they purchase a piece of hardware, they should have the right to replace the software on it. I don't think that is a natural right (or rather, I don't think it is an obligation that the manufacturer should have to help you).

      That's not the point. If you sell hardware with your software you can do what you want. But if you sell e.g. computers with GPLv3 Software which says i have the right to modify the software than you have to make sure that i can exercise this rights and can't prevent it with DRM.

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    2. Re:shared access to data vs. shared access to hw by gdamore · · Score: 1
      I think you are wrong. For example a company can use GPLv3 code, sign it and use it with their DRM hardware to make sure that only this software runs. They don't redistribute hardware+software in a form which would deny freedom to the recipient of the system they just use it to create security for their IT infrastructure and this will be OK with GPLv3.

      Are you familiar with FIPS-140-2? Have you ever designed a FIPS 140-2 product? I have (level 3). For any level above -1, you must have a robust firmware/upgrade management scheme which explicitly ensures that untrusted code is not allowed to run within the "security boundary". Otherwise, for example, someone could download their code, and (because it is arbitrary code) it can light the "FIPS secure" indicator LED, while ftp'ing all your secure key data to some random site. And because the "FIPS secure" indicator light is on, the folks using the device (which might be different from the person up installed the "rogue" firmware on it) are unaware that the device is compromised.

      That's not the point. If you sell hardware with your software you can do what you want. But if you sell e.g. computers with GPLv3 Software which says i have the right to modify the software than you have to make sure that i can exercise this rights and can't prevent it with DRM.

      Its not just modification of the software that is at issue, it is installation of said software on said hardware that is at stake. GPLv2 did not place this requirement -- but it encouraged derivative product development. GPLv2 was (for the most thing) a good thing for driving and deriving additional innovation for the benefit of the OSS community from commercial interests. GPLv3, as far as I can tell, abandons this in a (IMO fruitless) attempt to prevent DRM and closed-hardware derivative solutions.

      GPLv2 was inconvenient enough for commercial developers, but it (or rather the quantity and quality of software released under it) levelled the playing field so that barriers to entry were removed for a lot of commercial competition.

      With GPLv3, I think commercial interests will be driven away from GPLv3 software because it imposes too many restrictions, and developers will move to altenrative solutions. And, there are good alternatives for almost everything -- *BSD and Solaris are both good examples. About the only piece of GPL software for which there is not a good alternative under an alternative license is GCC, and maybe binutils. And, generally speaking, these aren't distributed on the embedded solutions that would be inconvenienced by GPLv3.

      If Linus wants to continue to enjoy popular support from companies like IBM, Sun, HP, and even pure software companies like RedHat and Linspire, he is wise to stay away from GPLv3. (Heck, I think GPLv3 would make developments like Linspire's Click-N-Run support commercially unsupportable.)

    3. Re:shared access to data vs. shared access to hw by pinky0x51 · · Score: 1

      >Are you familiar with FIPS-140-2? Have you ever designed a FIPS 140-2 product? I have (level 3). For any level above -1, you must have a robust firmware/upgrade management scheme which explicitly ensures that untrusted code is not allowed to run within the "security boundary".

      The question is who decides what code is trusted and what code is untrusted? Maybe you can give me the answere for the FIPS-140-2. If the company, government,... who uses this FIPS 140-2 product can decide which software is trusted and which is untrusted, than this is OK with GPLv3. But if someone else will decide it than it's not ok because than the company, government, etc. will no longer control their own IT infrastructure.

      This kind of secuurity would be a joke. If i can't control my own security than i don't think it it's a good security system. And security which can be controlled by the person, company, government which should be protected through it is completly ok with GPLv3.

      >Its not just modification of the software that is at issue, it is installation of said software on said hardware that is at stake.

      I think you have to see it more from the position of a "user" and not from somewhere outside. Modifying software and than can't run it doesn't make much sense.
      The position of the FSF and the purpose of the GPL was always that the user should have the control over their devices (driven by software) and not someone else. As GPLv2 was written the only way to remove this control from the user was by don't give him the source code and use your power of the copyright. So GPLv2 was written in this context and it works really well.
      Today they have another option, they can use DRM techniques and new laws like the DMCA or the EUCD (if you life in Europe) to remove your control over your device. New laws and new technology has created holes in GPLv2 and GPLv3 will close this holes.

      What's your practical answere? I buy a computer with a GNU/Linux operating system and the computer runs only with the OS signed by the vendor. Now i wan't to exercise my right given by the GPL and want to run a modified version (i think only very few people modifie software to use it as a wallpaper ;) ). Should i buy another computer in the hope that this one will run my version? Or should i just accept that the letters of the GPL are worthless in our shiny new world?

      I'm happy that the FSF will keep the letters of the GPL useful as long as possible.

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    4. Re:shared access to data vs. shared access to hw by gdamore · · Score: 1
      The question is who decides what code is trusted and what code is untrusted? Maybe you can give me the answere for the FIPS-140-2. If the company, government,... who uses this FIPS 140-2 product can decide which software is trusted and which is untrusted, than this is OK with GPLv3. But if someone else will decide it than it's not ok because than the company, government, etc. will no longer control their own IT infrastructure.

      This kind of secuurity would be a joke. If i can't control my own security than i don't think it it's a good security system. And security which can be controlled by the person, company, government which should be protected through it is completly ok with GPLv3.

      Its more complicated than you think. Code and hardware together are verified by independent labs, which perform the certification according to government standards. The labs will most assuredly not grant a FIPS 140-2 certification that allows arbitrary code to run inside the security boundary, whether supplied by the customer or not.

      Generally part of the validation process includes full disclosure of a "security policy", which will include things like how the security of firmware updates is managed. In general, the supplying company is trusted to ensure that 3rd parties are not able to circumvent this process. Typically this means having signed firmware, or even having firmware that simply cannot be field updated.

      Actually, this raises a good point. I don't think the language of the GPLv3 requires that software be field updateable. It merely stipulates rules that if it is updateable, it has to be updateable by anyone. Maybe that will be a solution some vendors will seek -- require a factory RMA to upgrade software on the unit. Yikes!

      I think you have to see it more from the position of a "user" and not from somewhere outside. Modifying software and than can't run it doesn't make much sense.

      No, I see it from a developer. I can use the _knowledge_ (i.e. the source code) to create derivative products, which run on entirely different hardware. This is very, very useful.

      The question is, do you believe GPL is about protecting the user's rights, or about ensuring that the knowledge and effort that goes into a product's development is not "locked up". In the case of the GPLv2, I believe the latter, whereas GPLv3 makes a strong statement to the former. This distinction is critical!

      GPLv2 ensures innovation is not lost, and generally works to improve the state of the art. GPLv3 abandons that (IMO) by focusing on the user. As a developer of open source code (and I am such), I don't care if you, the user, are able to hack on a specific piece of equipment shipped with my software or not -- I just want to make sure that if a company is going to stand on my shoulders, so to speak, that they reciprocate by giving the community back their improvements.

      This philosophical difference is the foundation of the argument between RMS and Linus, I think.

      The ability to change firmware, etc. should be determined by market forces -- people will vote with their feet if it is important. In some cases, it isn't important -- or as in the FIPS solution -- it can actually be considered a weakness.

      In the end, GPLv3 will probably be irrelevant, because I can't imagine it gaining much momentum outside of FSF-sponsored projects -- I just don't see commercial entities (even those that have vocally supported OSS) getting behind it. (Sure, they may pay it lip-service, but I don't look to see much beyond that.)

    5. Re:shared access to data vs. shared access to hw by pinky0x51 · · Score: 1

      >Its more complicated than you think. Code and hardware together are verified by independent labs, which perform the certification according to government standards. The labs will most assuredly not grant a FIPS 140-2 certification that allows arbitrary code to run inside the security boundary, whether supplied by the customer or not. The question is if the costumer has the option to get his code certified so that he can use his device wor ket work he needs it. So please answere this two questions because i really want to understand it: If i say in this question "I" than i don't necessarily mean myself or a special person but whoever is in charge of the system and the person/group/organisation which should be protected. 1. I have a FIPS 140-2 certified system and now i have a new program for this system to do the work for which i have bought this systems. Can i make this software run? Either by certifying it by my self or by giving it to the correspondig lab which will certify it? 2. Let's assume that parts of my FIPS 140-2 certified system is Free Software and during my daily work i recognize a bug in this free program. Now i or someone which i instruct fix this bug. What options do i have to use this fixed software on my system? >No, I see it from a developer. I can use the _knowledge_ (i.e. the source code) to create derivative products, which run on entirely different hardware. This is very, very useful. Yes, this is very useful but not the only aim of the GPL. The aim of the GPL is to give the user all 4 freedoms defined by the Free Software definition and protect this freedoms. And i think whether you agree with the Free Software definition, the FSF or RMS or someone else you can see that the GPLv2 have done this in the past really well and things like DRM have created some holes for the present and the future which will be closed by GPLv3. So that GPLv3 will do an as good job today like the GPLv2 did yesterday.

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    6. Re:shared access to data vs. shared access to hw by pinky0x51 · · Score: 1

      Sorry for my unformated comment but i have forgotten to switch from "HTML Formated" to "Plain Old Text". So here the same comment in a readable form.

      >Its more complicated than you think. Code and hardware together are verified by independent labs, which perform the certification according to government standards. The labs will most assuredly not grant a FIPS 140-2 certification that allows arbitrary code to run inside the security boundary, whether supplied by the customer or not.

      The question is if the costumer has the option to get his code certified so that he can use his device wor ket work he needs it. So please answere this two questions because i really want to understand it:
      If i say in this question "I" than i don't necessarily mean myself or a special person but whoever is in charge of the system and the person/group/organisation which should be protected.

      1. I have a FIPS 140-2 certified system and now i have a new program for this system to do the work for which i have bought this systems. Can i make this software run? Either by certifying it by my self or by giving it to the correspondig lab which will certify it?
      2. Let's assume that parts of my FIPS 140-2 certified system is Free Software and during my daily work i recognize a bug in this free program. Now i or someone which i instruct fix this bug. What options do i have to use this fixed software on my system?

      >No, I see it from a developer. I can use the _knowledge_ (i.e. the source code) to create derivative products, which run on entirely different hardware. This is very, very useful.

      Yes, this is very useful but not the only aim of the GPL. The aim of the GPL is to give the user all 4 freedoms defined by the Free Software definition and protect this freedoms.
      And i think whether you agree with the Free Software definition, the FSF or RMS or someone else you can see that the GPLv2 have done this in the past really well and things like DRM have created some holes for the present and the future which will be closed by GPLv3. So that GPLv3 will do an as good job today like the GPLv2 did yesterday.

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    7. Re:shared access to data vs. shared access to hw by gdamore · · Score: 1
      To give a quick answer: you cannot modify or update the software (from source) on a FIPS 140-2 (at least at levels 2 and above) system (at least within the "security boundary" without invalidating the FIPS certificate. And any system which allowed you to do so without guaranteeing that the product identified itself as operating outside of FIPS compliance could never, ever get a ceritifcate.

      The problem is that if you can fix a bug, you can also introduce a bug. The only way to get the bug fixed is to ask the vendor to fix it, and send you an update. And technically this requires the vendor to get an update to the FIPS 140-2 certificate, as well. Anything else you do breaks the FIPS 140-2 compliance. (In practice, small bug fixes from the vendor are typically allowed as "updates" to the original certificate.)

      All you have to do is look at the recent revokation of the OpenSSL FIPS 140-2 certificate (which was only a level 1 cert IIRC) to understand how critical this is -- "end users" as such, are not trusted where code updates are concerned.

      All code within the boundary must be trusted/assured. The only way to assure this, is to ensure that the code is exactly what was certified. Cryptographic signatures are the normal way to do this while still giving some ability to update firmware.

      By the way, there are some systems that have a "non-FIPS" mode. This has to be indicated by an LED or clear banner or somesuch. If you could run arbitrary code that could masquerade as FIPS compliant, it would make the certificate worthless -- and so I believe it is impossible to get a FIPS certificate for a system which does not take measures to prevent this kind of update to code within the security boundary.

    8. Re:shared access to data vs. shared access to hw by gdamore · · Score: 1
      Yes, this is very useful but not the only aim of the GPL. The aim of the GPL is to give the user all 4 freedoms defined by the Free Software definition and protect this freedoms. And i think whether you agree with the Free Software definition, the FSF or RMS or someone else you can see that the GPLv2 have done this in the past really well and things like DRM have created some holes for the present and the future which will be closed by GPLv3. So that GPLv3 will do an as good job today like the GPLv2 did yesterday.

      GPLv3 will do nothing for anyone if nobody uses it. And the restrictions and limitations I see in it are likely to be large barriers to commercial adoption.

      Lets face it folks, if it weren't for commercial adoption of GPLv2 software, Linux would still be a two-bit player used by geeks and occasionally in academia. It would not be touted as an enterprise OS with large companies like IBM standing behind it.

  142. Where are open game consoles? by tepples · · Score: 1
    Or will someone else just come along and offer the same thing without the lock-in, since the chances are pretty much all of the code will be available freely-as-in-GPL anyway?

    Probably not. Case in point: Name a set-top machine designed for playing games with four players on one screen that isn't proprietary. Name a handheld video game system sold in North American brick-and-mortar gaming stores whose manufacturer supports homebrew development.

    1. Re:Where are open game consoles? by Anonymous+Brave+Guy · · Score: 1

      It's not really a fair comparison. After all, can you name a games console where both the machine itself and the games that run on it are actually written by someone else and given away freely, yet still resold at profit by some sort of marketing outfit?

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  143. TFA got it wrong - not a radical new idea by MCRocker · · Score: 2, Insightful
    From TFA:
    Back in the early 1990s, the notion of software that's open to input by any developer who cares to monkey with it was pretty radical - So much so that it needed a license.
    Nonsense!!!

    Stallman created the GPL because the radical idea of making software proprietary was beginning to become the norm, replacing the original way of doing things openly. When AT&T started licensing UNIX, a things were starting to change. Before that, the UNIX and other project source code was shared openly, but there was no formal license. So AT&T simply changed the rules. RMS realized that there needed to be a formal way to ensure that software could be explicitly declared free and the GPL became the way to do that.

    So, the idea was not radical, but rather an attempt to go back to the way everything used to be done, but in a formal declared way.
    --
    Signatures are a waste of bandwi (buffering...)
  144. Bickering about names -- pointless? by MS-06FZ · · Score: 1

    "GNU/Linux" is cumbersome to say, for sure. I think it's a little ridiculous, and I'd hate to have to acknowledge all major contributors of software every time I describe my system. ("It's a GNU/Linux/Debian/X.Org/KDE/Gnome/Mozilla/BSD...") I agree from that perspective that it's pretty dumb to try and tell people what to call it, especially when the new name is more awkward.

    But, as I said, I think it's good to acknowledge the GNU project. Doesn't necessarily mean subscribing to the "GNU/Linux" thing, but the GNU project deserves a lot of credit for making Linux something people can actually use. If RMS wants to rattle sabers about how people should include the acknowledgement in the name - well, I don't necessarily agree with that on a practical level, but at the same time I think the credit he's asking for is just credit we owe the project. I don't say "GNU/Linux" much, basically for the reasons you described: habit, brevity, simplicity, clarity - and the "windbag" issue I described earlier. Sometimes you're still a whiny bitch even if you're right about what you're whining about. :) But I just say "Linux" or maybe "Debian" and people know what I mean. At the same time, though, I feel it's just as much a GNU system as it is a Linux system - running one without the other would be a giant pain, either way, as far as I'm concerned.

    Trying to change an established name is a bit silly. ("Cracker" anyone?) But the name people use has an impact on how people think of the system. Do people recognize how much GNU software goes into making a typical Linux system work, or do they tend to think that most of that software comes from the Linux project? Even if you can't change the name, if by suggesting that the name should be changed you have some impact, then it raises awareness of the issue.

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
  145. Esquire Article by Morosoph · · Score: 1

    It's an irony that democratisation of values and the decline of (real) authority has had this effect, inducing a movement towards the 'right', to put a label on it, but I would have predicted it. The potency of 'memes' wins out over earnt expertese, and we can no longer make social gains as a culture.

    I've been marked as a snob by the left a few times, but truely, I don't think that they know their fellow man.

  146. Re:Here's the newsforge article, plus 2 other link by Schraegstrichpunkt · · Score: 1
    Arguments like "But someone might make something that only runs copies of software signed by Linus" do not make a lot of sense.

    Indeed. Have you ever seen a Linux binary that was signed by Linus?

  147. Re:Here's the newsforge article, plus 2 other link by Schraegstrichpunkt · · Score: 1
    Just to clarify, Linus's viewpoint is largely irrelevant to this discussion. It is extremely unlikely that Linux will *ever* move to a later version of the license because every contributor would have to approve this. So the GPL v2 will stay for the Linux kernel for the forseable future.

    Perhaps Linus' tree will stay GPL2, but if you do some research, you'll find that:

    • Many files in Linux are licenced under "version 2 or any later version", and
    • Despite Linus' bogus claims to the contrary, large portions of older versions of Linux are licenced under "any version [of the GPL] ever published by the Free Software Foundation", according to section 9 of GPLv2.

    With that in mind, I wouldn't be surprised if a GPLv3 fork of Linux emerged.

  148. Re:I'm not Torvalds and I don't like the new versi by anandsr · · Score: 1

    You are wrong about the intent of GPL. It was always to allow the user to fix the problems with his device. If you read some history, then you will find that it was born out of the desire to fix a Xerox Printer. This is exactly the same problem as in Tivo. And to add insult to injury, they are using GPL software. So obviously GPLv2 is flawed and that flaw must be fixed, hence the DRM fix. Stallman is for nothing the uber Hacker, he fixes licenses as well ;-).

  149. Re:Not "extremism" getting back to the orig. inten by anandsr · · Score: 1

    Actually the intent of GPL was simple to allow any user to fix the software or hardware. If that cannot be done then the intent of the GPL is lost. So GPLv2 has developed a bug and Tivo is exploiting this bug. So GPLv3 is an attempt to fix the bug. Currently the fix (GPLv3) is undergoing peer-review. I believe it will be fixed in about 10 years when most of the people will understand why they need this bug-fix. Till then we have a lot of software under a buggy license.

  150. Re:I'm not Torvalds and I don't like the new versi by hswerdfe · · Score: 1

    you make a strong argument.

    Which kind of freedom do you usually support, BTW? Negative (no interference) or positive (protection to pursue your life goals)?

    you know I have never seen freedom described in this way.
    but I suppose politically I would support "positive freedom".
    I believe in a strong central government, with universal charter of rights and freedoms.
    I also believe in the GPL is more usefull then BSD.

    --
    --meh--