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Misconceptions About the GPL

lisah writes "Misconceptions about the widely used GNU General Public License (GPL) continue to plague the free software user community and, according to the ITManagersJournal, 'the confusion is frequently based on misreadings, rumors, secondhand accounts, and what is convenient to believe.' In order to clarify some of the more common misunderstandings about the GPL, Bruce Byfield consulted with three experts: attorney Richard Fontana, one of the main drafters of the third version of the license; Harald Welte of the GPL-Violations project; and David Turner who is assisting with revisions of the license. Together, they help clarify the distributor's role in providing source code to customers, whether GPL is viral or unenforceable, and why some misunderstandings are really rooted in varied interpretations of the law." ITMJ and Slashdot are both owned by OSTG.

6 of 495 comments (clear)

  1. Re:Still I really dont like it. by Tweekster · · Score: 5, Insightful

    Actually it doesnt go towards the end user. The GPL is totally irrelevant to the end user. Now it does matter to other developers, but in all honesty the actual user of a project could give a damn. The GPL is not a EULA, because it has no relevancy to the user of the program, but rather dictates what people that want to involve themselves in other activities such as redestribution.

    A chef having to give away his recipe because he used GPL spices...worst analogy ever. Reverse it and it would be correct because a developer is not going to take a small amount of gpl code and use that, they are gonna add their small amount of code to a largely GPL base. (well atleast 99% of the developers out there).

    How does the GPL force a developer that chooses it as a license to do anything. They made a decision to use it because they like it as a license, they arent forced into using anything. The people that bitch about the GPL are developers that already decided against it, and because they dont use they somehow think it is an "unfair" license (to whom i dont know since they have already chosen not to use it)

    I think developers need to get this concept in their head...just because the source is available, doesnt mean you have to use it, and doesnt mean you have the right to use it either. You simply have the option to use it.

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
  2. You don't get it. by Dr.+Zowie · · Score: 4, Insightful

    If you are developing your code from scratch, you are free to other versions of it under whatever license you see fit -- the GPL is a non-exclusive license, so you are free to license your creative work in other ways at the same time.

    If you are trying to use someone else's GPLed code, track down that person and try to get a non-GPL license from them. Is that so hard? It's exactly what you'd have to do to get access to someone else's proprietary code, except that you get to preview the source.

    If the author want to license his code to you in a non-GPL way, well, it's his creative work -- he can do what he wants. Start from scratch or find another vendor.

  3. Re:The GPL is Viral, deflection not withstanding.. by Dr.+Zowie · · Score: 4, Insightful

    If I use any GPL code in my application, even one line, I have to release my application under the GPL license.


    Actually, one line might be considered fair-use excerpting... :-)

    Seriously, if you don't want to GPL your application, just don't use any GPL code in it. Why is that so hard? Nobody whines about not being able to incorporate pieces of Microsoft Office into their code. The only difference is that you gan ogle the beautiful source code of GPL applications, so that it's more of a temptation.

    You're not going to lose the rights to your software if you invoke GPL code with it. You're not going to lose the rights to your software if you use GPL code to make it (e.g. gcc and emacs don't tarnish your C code). You're only going to have to GPL your code if you actually incorporate someone else's work into it.

  4. The GPL restores and preserves freedom by crosbie · · Score: 4, Insightful
    More misconceptions:

    1. The GPL is designed to prevent commercial exploitation, and it does this by forcing companies who use it to publish their modifications.
    2. The objective of the GPL is to prevent the commercial sale of software in order to produce a gift economy in software development.
    3. Microsoft makes money by selling software. Making money by selling software is wrong. Microsoft is wrong. You can't sell GPL software. GPL software is better than Microsoft software.
    4. You shouldn't use GPL software unless you contribute to the community in some way.
    5. Any employee who discovers their employer has modified GPL software and hasn't published those changes should deliberately leak them.
    6. Hacking into websites based on GPL CMSes in order to obtain their unpublished mods is intrinsically ethical.


  5. Re:Still I really dont like it. by rhedin · · Score: 4, Insightful
    A chef having to give away his recipe because he used GPL spices...worst analogy ever. Reverse it and it would be correct because a developer is not going to take a small amount of gpl code and use that, they are gonna add their small amount of code to a largely GPL base. (well atleast 99% of the developers out there).

    In every instance I've been involved with in the past 20 years or so of professional programming, this statement is 100% wrong-- at least from the commercial angle. We've gernerally got an application that is filling a particular need and we're looking to add functionality to the already 100's of thousands to millions of lines of code we've already written. The first thing we do is look and see if anyone has already solved the problem, and if so if we can use it; if we find something and it's GPLed, we can't use it. Adding an extra 10,000 lines of GPL code written last year to our legacy system in use for the past 10 years and now suddenly our legacy app is a derivitave work of the GPL code is out of the question. Which means that we end up either looking for (or buying) an alternative if we can't work out a deal with the original copyright holders (which so far has been nigh on impossible-- we've gotten exactly one license from a GPL project that we needed to use). If that fails, we end up writing our own code, which now is by default non-free.

    While I'm not disputing the quantity of GPLed software out there, I know that many of these projects are giving up help just because of the license. As an example, in one case we had determined that we'd need to allocate at least 3 people to implement a particular feature that a specific GPL project already had (mostly) working. I contacted the project "leader" and tried to negotiate a different license for the use of their project that involved a cash payment and allocation of a full time employee for a year to help bring it up to spec. We were unable to come to terms not because of any desire on their part not to, but because they used code that was also GPLed. No one was ever able to locate every one of the copyright holders to get permission and so it never went anywhere.

    Don't take the above as a gripe-- whatever license you want to use is fine by me-- if I can use it I will, if not I won't, no skin off my nose either way; I'm sure I'll be able to get my job done with your product, your competitor's project, or I'll become your competitor if I need to.

    rob.

  6. Re:You described the goals of the LGPL, not the GP by nurhussein · · Score: 4, Insightful
    By a developer making his libraries "free" only under the GPL (and not a more free license like the MIT/BSD or even LGPL), then he's forcing anyone that wants to use this shiny tool to also make their software free under the same restrictions. That is why the GPL is "viral" -- not because it "infects" any software that it is stored next to -- but rather because GPL code is useless unless you're working on other GPL'd code.
    I hate to tell you this unhappy truth, but the way the world works is that you can't distribute the copyrighted works of others without their consent. If that consent comes by the terms of the GPL, you just have to honour it. The GPL does not preclude you from obtaining their consent for redistribution under another license by explicitly contacting them, nor does it force you to somehow lose your copyright and licensing rights on your own code. Even when you violate the GPL by distributing a derivitive work under a proprietary license, you *STILL OWN THE COPYRIGHT* on the portions of code you wrote. What you *can't* do distribute the portion of code which *DOES NOT BELONG TO YOU* under the terms of another license. Sure, you are "forced" to follow copyright law in this respect, but is it really as unreasonable as you're tring to make it sound? After all, nobody is forcing you to use the GPLed code in the first place.