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Why Torvalds is Sitting out the GPLv3 Process

lisah writes "Linus Torvalds has a lot of reasons for not wanting to participate in drafting the third version of the GNU General Public License (GPL): He doesn't like meetings, says committees don't make sense, has philosophical differences with the Free Software Foundation, and seems to be generally distrustful of the whole drafting process. Though Torvalds prefers the GPLv2, he says if others prefer the GPLv3, they ought to support it because 'it's not like it kills and eats small children for breakfast, and must never be allowed.'" Linux.com and Slashdot are both owned by OSTG.

365 comments

  1. The GPL3 process is not closed by pieterh · · Score: 5, Interesting

    If you want to contribute to the GPLv3, you can. The FFII, for example, proposed some changes that would clarify the GPLv3 with respect to patent law in Europe (the current draft is too US-biased).

    Torvalds doesn't need to contribute, but I'm glad he's moved to a more neutral stance. The GPLv2 is old and out of date and though it still works today, will start to crumble in a few years.

    In every new project my firm does, we end up adding our own conditions onto the GPL3 (for instance for patents) and it'd be far better to have these defined as standard.

    It's good to be critical of processes that aren't clear, and it's entirely possible that the FSF won't be able to produce a worthy successor to GPLv2, which is an incredibly important document in the history of software, but we should give them the benefit of the doubt.

    1. Re:The GPL3 process is not closed by mellonhead · · Score: 4, Interesting

      The GPLv2 is old and out of date and though it still works today, will start to crumble in a few years.
      Please explain how a license can "crumble".

    2. Re:The GPL3 process is not closed by nbannerman · · Score: 1, Insightful

      The GPLv2 is old and out of date and though it still works today, will start to crumble in a few years.

      The rest of your points I'd tend to agree with, but I'm not sure what you mean by the one above.

      Considering how Sun and Microsoft have been making a mess of 'open' licences lately, the main reason I can think of for continuing to use v2 is that it is stable. It is a known quantity, and everyone (within certain circles obviously) is aware of what they can do with it. I can't see how time would 'age' a licence really.

    3. Re:The GPL3 process is not closed by morgan_greywolf · · Score: 5, Funny
      Please explain how a license can "crumble".

      The original GPLv2 was, in fact, printed on a giant cookie.
    4. Re:The GPL3 process is not closed by mrchaotica · · Score: 5, Insightful

      More and more people will start exploiting the loopholes in GPL v.2 (e.g. apps as web servies, so they're not technically "distributed" to the users, TiVo-esque locking of hardware to use only the company's version of the program, etc.).

      --

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

    5. Re:The GPL3 process is not closed by CaymanIslandCarpedie · · Score: 3, Interesting

      But for many people (Linus included) those "loopholes" are features not bugs. Those holding views can argue those features are what caused GPL 2 to be so widely adopted and that the "fixes" in v3 will cause v3 to "crumble" (ie nobody using it).

      --
      "reality has a well-known liberal bias" - Steven Colbert
    6. Re:The GPL3 process is not closed by oohshiny · · Score: 3, Informative

      ... and we won't know until we try.

      However, the relative lack of success of BSD despite its greater maturity during the early years suggests that making it easy to lock up open systems on proprietary hardware is not a winning strategy. Take, for example, Solaris: it was derived from BSD, but it languished inside Sun for a couple of decades and Sun didn't make many meaningful contributions to BSD. The experience with other commercial users of BSD was similar.

    7. Re:The GPL3 process is not closed by Tester · · Score: 1

      TiVo is one example..
      The other example is binary modules. Even in the Linksys WRT54G, the wireless driver is binary-only. And they distribute it with the GPLv2 kernel and it seems it's allowed. And it seems that neither the GPLv3 addresses that.

    8. Re:The GPL3 process is not closed by noidentity · · Score: 3, Funny
      The original GPLv2 was, in fact, printed on a giant cookie.

      Jokes aside, the GPLv2 was, in fact, chiseled into a large stone tablet. Those things most certainly crumble after a few millennia.

    9. Re:The GPL3 process is not closed by mrchaotica · · Score: 5, Insightful

      The GPL was designed by the Free Software Foundation, and they made it very clear what they intended (in the GNU manifesto, etc.). By that standard, the loopholes are bugs.

      In other words, the FSF's opinion is the only one that matters because it's their license. If you don't like it, use a different one or make your own. And if you already chose to use it (with the "...or later" clause), you had ample oppertunity to understand what you were getting into before you did it.

      --

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

    10. Re:The GPL3 process is not closed by Anonymous Coward · · Score: 0
      The original GPLv2 was, in fact, printed on a giant cookie.
      When OSTG hired CowboyNeal and asked him to consume the GPL, he took it tad too literally.
    11. Re:The GPL3 process is not closed by bWareiWare.co.uk · · Score: 4, Insightful

      The significant point about 'apps as web services' will also be a loophole in the GPLv3 and any future version. It it not an EULA and so can't dictate what you do with the code once you have it.

      If you are only running a web service and not distributing anything then you don't need to compliy with the GPL whatever it or any future version says.

    12. Re:The GPL3 process is not closed by mrchaotica · · Score: 1

      Damn, you're right; I hadn't thought of that. I guess that's why I hadn't seen anything in the GPL v.3 draft about it...

      Thanks for pointing it out to me!

      --

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

    13. Re:The GPL3 process is not closed by Jah-Wren+Ryel · · Score: 1

      Bingo! Give this man a +5 correct.

      --
      When information is power, privacy is freedom.
    14. Re:The GPL3 process is not closed by Anonymous Coward · · Score: 1, Insightful

      Using a web service is essentially viewing the output of a piece of software. Attaching licensing to the output of Free Software is, IMHO a really BAD idea. The source to go with the binary is one thing, requiring the source when the output is distributed is another altogether.

      They should leave it as it is. It works in a perfectly satisfactory way already. If it isn't broken..

    15. Re:The GPL3 process is not closed by GigsVT · · Score: 3, Interesting

      The history of open source is littered with BSD-based empty victories like this. Look at SPICE, it's been consumed into expensive proprietary products and has almost died as an open source product.

      PostgreSQL, while an excellent product that I still use often, is stagnating while MySQL slowly surpasses it in every way.

      I think we should save BSD for simple things such as glue libraries and reference implementations.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    16. Re:The GPL3 process is not closed by SWroclawski · · Score: 2, Informative

      Actually, it's now a decision the author can use or not use.

      It's one of the possible restrictions that can be optionally added which applies to public use of the software requiring distribution of the modified source.

      RMS has said in speeches that both arguments held weight for him and so he decided to leave it up to the software developer and leave the default behavior to the way things currently are.

    17. Re:The GPL3 process is not closed by lixee · · Score: 1
      The original GPLv2 was, in fact, printed on a giant cookie.
      Mango was his name.
      --
      Res publica non dominetur
    18. Re:The GPL3 process is not closed by giorgiofr · · Score: 1

      So basically I'll have to distribute my PHP scripts to all users of my site because it happens to run on a Linux box?
      Oh well I am just about ready to switch to a free OS anyway.

      --
      Global warming is a cube.
    19. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1

      Tricky situation, I agree. But then, when would you not want the source to be distributed? I can't think of a situation where the FSF wouldn't want the source of a free software program (or its derivatives) distributed, and here, it makes perfect sense. The GPL is essentially useless for web services as it is anyway, since most of them will be PHP, which means if you're installing it on your server, you have the source already, GPL or not. If you're viewing it, you have as much freedom as you would without the GPL.

      So really, the only reason we shouldn't just public domain all this web software now is that the GPL means that no matter how you acquire the software, if you do actually have the source, you're allowed to redistribute.

      --
      Don't thank God, thank a doctor!
    20. Re:The GPL3 process is not closed by pieterh · · Score: 1

      A license can crumble, metaphorically, when the problem it solves becomes irrelevant.

      The GPLv2, for example, is focussed on the distribution of software. It dates from an era where distribution meant floppy disks, tapes, and perhaps for the very luck, FTP.

      But today a lot (most?) software is never actually distributed to users - it is accessed via web services - and the GPL is powerless to force vendors who take GPL'd software and improve it, and embed those improvements into web applications, to release those improvements.

      You cannot ask for the source code for a web application that is built on GPL'd software.

      That, my friend, is what I mean by "crumble".

    21. Re:The GPL3 process is not closed by kwpulliam · · Score: 1

      Documents/Agreements/Social Contracts that were created in one environment, can/may/(perhaps should) age and often become less relevent as the legal/social environment in which they were created changes. (All environments change, if you can think of one that doesn't, your view point is too small, take a look at the parent directory/society/universe/multiverse)

      As the legal/patent/case law environment surounding GPL2's creation moves further and further into the past, todays environment resembles it less and less. (The speed of change isn't the issue, merely the change)

      Therefore, all Documents/Agreements/Social Contracts that have long term (again this is a fuzzy length of time dependent on the strength of the original item) existences eventually crumble.

      I refer you to the US Article of Confederation (Pre Constitution), The US Constitution (with it's double digit versions issued by each new amendment), The League of Nations (pre UN), The U.N. (and it's at times questionable relvency in some situations, The Republican Party Platform, The Democratic Party platform, and just about every other well known, well publicised and well argued group/committee authored Document/Agreement/Social Contract.

    22. Re:The GPL3 process is not closed by Curien · · Score: 1

      Hey, I've got an idea for you. Every time you let someone see a copy of the resume you created in Open Office, you should be required to provide a CD with the source code.

      --
      It's always a long day... 86400 doesn't fit into a short.
    23. Re:The GPL3 process is not closed by Schraegstrichpunkt · · Score: 2, Funny

      My people! From RMS, I bring you these eighteen... (crash!) um... twelve sections of the GPL version two!

    24. Re:The GPL3 process is not closed by Curien · · Score: 1

      No. If you have a PHP script licensed to you under the GPLv3 (with appropriate provisions activated) and put it on your server, you are required to distribute the script, including any modifications, under the GPL. It doesn't matter if your server's OS is Linux, FreeBSD, or Windows Server 2003; you have to show the code.

      --
      It's always a long day... 86400 doesn't fit into a short.
    25. Re:The GPL3 process is not closed by Ed+Avis · · Score: 1
      --
      -- Ed Avis ed@membled.com
    26. Re:The GPL3 process is not closed by Schraegstrichpunkt · · Score: 1

      I'll be using it, and judging by the amount of "GPL 2 or later" software out there, so will a lot of other people.

    27. Re:The GPL3 process is not closed by msobkow · · Score: 0, Flamebait

      If a user outside the company has access to the application and it's data through whatever remote interface you choose (web, SOAP, J2EE, CORBA, et. al.) then the code is being effectively delivered to the public and the code changes are subject to the same restrictions as if you'd shipped a "product" instead of a "service."

      The one good point of GPLv3 is that it expressly addresses the leeches who play word games and legalese instead of STEALING other people's work.

      --
      I do not fail; I succeed at finding out what does not work.
    28. Re:The GPL3 process is not closed by !the!bad!fish! · · Score: 1
      Please explain how a license can "crumble".
      It's eniviatble once the bit rot sets in.
      --
      Kids today are tyrants. They contradict their parent, gobble their food, and tyrannize their teachers. - Socrates 400 BC
    29. Re:The GPL3 process is not closed by rumblin'rabbit · · Score: 1
      In other words, the FSF's opinion is the only one that matters because it's their license.
      Wrongo. It's the courts' opinions that matter, not FSF. The courts interpret the meaning and validity of the license, and they don't give a rat's ass what FSF's opinions are.


      It's FSF's license only in that they have copyright on the text. Nothing more.

    30. Re:The GPL3 process is not closed by mrchaotica · · Score: 1

      No, as another poster pointed out, the GPL v.3 isn't (and can't) fix that issue anyway.

      --

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

    31. Re:The GPL3 process is not closed by asuffield · · Score: 1
      If you want to contribute to the GPLv3, you can.


      That is true of anything. The primary features of an "open" project are:

      • You can contribute even if the creator doesn't want you to
      • You can observe the development process for yourself


      How exactly can we do either of these things for the GPLv3? In particular, where are the public archives of the discussions that led to the development of the current drafts?
    32. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1

      Might need some tweaking of the license, but sure. Most people would be happy with me pointing them to openoffice.org, and I'd be happy to burn a CD for the few who wouldn't. And yes, I did anticipate this, so why is it a problem?

      --
      Don't thank God, thank a doctor!
    33. Re:The GPL3 process is not closed by Curien · · Score: 1

      Pointing them to openoffice.org doesn't usually meet the requirements of the GPL (v2 at least, don't know about v3).

      --
      It's always a long day... 86400 doesn't fit into a short.
    34. Re:The GPL3 process is not closed by mrchaotica · · Score: 1

      Yes, and any difference between the court's interpretation and the FSF's interpretation is a bug! The GPL v.3 is what the FSF meant from the beginning; they just didn't immediately realize that the GPL v.2 didn't fully express it. Now they do, and that's why they're rewriting it.

      --

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

    35. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1

      Neither GPL forces me to provide source code if I'm not asked for it. If someone comes asking, and I point them to openoffice.org, and they're happy, I think that still fulfills the license. And if they come asking, and they want it directly from me, then as I said, I'm happy to set up a temporary mirror, or burn them a CD and mail it to them, because that's probably going to be maybe one or two people.

      It would be a good thing to put into GPLv3, though -- if we decide to add a "web services" clause, we should also allow anyone to point to upstream unless they've modified the code themselves. In my case, that would mean pointing them to openoffice.org and gentoo.org. And since I didn't actually compile it from scratch (no amd64 support yet), I should be able to point them to my upstream source of binaries (gentoo), and let them go from there. (Gentoo refers them to OO.org...)

      Anyway, do you have a real objection to this? Do you believe I should be able to download OpenOffice, hack it to support, say, Flash output, and send people the SWF without sending them my Flash hack?

      --
      Don't thank God, thank a doctor!
    36. Re:The GPL3 process is not closed by slamb · · Score: 4, Informative
      The history of open source is littered with BSD-based empty victories like this.

      Is it? I'm not familiar with the SPICE landscape, but I am with PostgreSQL:

      PostgreSQL, while an excellent product that I still use often, is stagnating while MySQL slowly surpasses it in every way.

      Umm, what? How is PostgreSQL stagnating? It's a widely-used product with frequent releases, full-time contributors back to the open-source core, and several commercial support offerings. What do you mean by "MySQL slowly surpasses it in every way"? If you're talking about popularity, MySQL's always been more popular. If you're talking about something technical, well, I have absolutely no idea what it could be.

    37. Re:The GPL3 process is not closed by giorgiofr · · Score: 1

      If I use a modified version of OpenOffice.org to create a document, I don't have to give up the source code. Why should it be any different with scripts?

      --
      Global warming is a cube.
    38. Re:The GPL3 process is not closed by stevesliva · · Score: 1
      The history of open source is littered with BSD-based empty victories like this. Look at SPICE, it's been consumed into expensive proprietary products and has almost died as an open source product.
      You're speaking my language, man. I have been wondering why I've dealt with four or five proprietary SPICE netlist formats when just one would do. Spice has been forked and extended to death.
      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    39. Re:The GPL3 process is not closed by Curien · · Score: 1

      You're allowed to point them to the original source only if you never had the source code. If you had the source code, you *must* provide them with the it upon request (for three years) at cost of media.

      So if you do up a flyer in OO and then someone, two years later, asks for the source, you would be required to provide the *exact version* of the source you used to produce the document or be in violation of the license.

      That, IMO, is quite an unreasonable burden for using a software product.

      --
      It's always a long day... 86400 doesn't fit into a short.
    40. Re:The GPL3 process is not closed by crosbie · · Score: 1

      It seems you are a closet copyright abolitionist.

      It is probably better to think of the GPLv2 as a means of nullifying the copyright based software business model's restraint on the public domain. Software patents, and DMCA enforced DRM are then brought into play to undo this nullification on GPL code. The GPLv3 then evolves in turn to address patents and DMCA. Perhaps the new broadcaster's right will then be used to protect the delivery of GPLv3 derived software by satellite or web casting? Something to see addressed in GPLv4?

      Obviously, the most straightforward thing to do is to simply abolish copyright and patents - recognising that legislation is as Canute to the tide of instantaneous diffusion - a ridiculous proposition entertained only by fiduciary courtiers.

      Artificial social contracts are the folly of governments. Let them stick to natural rights.
      The public should have its freedom restored to enjoy the public domain.

      So, abolish copyright.

      Don't you agree?

    41. Re:The GPL3 process is not closed by killjoe · · Score: 1

      The point is this.

      Despite Postgres being a technically superior product it lags in user acceptance and developer enthusiasm because it's not GPLed. For some reason (I think I know why but I will leave it to you to come up with your own) the developers seem to prefer working on GPLed products even when there are competing BSD based projects out there. It is because of that the MSQL development is robust and the userbase is strong while postgres remains more or less a niche product.

      This isn't to say postgres is not a better product (or firebird or whatever) it's just that in the marketplace it's lost mojo.

      This is a pretty common scenario. Given any product space you will find that the GPLed products are more likely to be widely used and have greater developer communities. Probably because they are all communists and zealots and you know how those types are like, they tend to stick together.

      --
      evil is as evil does
    42. Re:The GPL3 process is not closed by crotherm · · Score: 2, Interesting



      Uhh, wasn't the fact that BSD was under the cloud of copyright infringement with AT&T's Sys V that caused BSD's slow usage? Linux came in right at that time to steal what could have been BSD's thunder.

      At least that is how this old dude remembers it.

      And Solaris is a straw man. SunsOS 4.x and older was BSD based. And what NFS, NIS, etc are nothing? As for SunOS 5.x, which is more commonly refered to Solaris, is Sys V Rel 3 based.

      --
      "Those who make peaceful revolution impossible, make violent revolution inevitable" - JFK
    43. Re:The GPL3 process is not closed by Anonymous Coward · · Score: 0
      Littering for Jesus [chick.com] :-/

      Cool! Kindling for my pagan bonfires!

    44. Re:The GPL3 process is not closed by Tim+C · · Score: 1

      leeches who play word games and legalese

      It's not word games and legalese; the software was supplied on certain conditions, and none of those conditions have been violated. The software is *not* being distributed. If I allow you to use it by sitting at my desk and logging on to my machine, it clearly hasn't been distributed. I don't see that that changes if I allow you to ssh in, or if I publish ssh details and allow anyone to use it. By extension, I don't see that it changes just because you connect on port 80 rather than 22 and speak HTTP rather than ssh.

    45. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1
      So if you do up a flyer in OO and then someone, two years later, asks for the source, you would be required to provide the *exact version* of the source you used to produce the document or be in violation of the license.

      Did you actually read my last comment? Here, for your convenience:

      if we decide to add a "web services" clause, we should also allow anyone to point to upstream unless they've modified the code themselves.

      I'm suggesting that, since we're suggesting possible changes to the GPLv3 draft, such as requiring source code to be available if you see content produced by it, then we should also add a change such that distributors who don't modify the source can point to upstream.

      Thus, unless I actually modified the OO source to create that flyer, I shouldn't be required to deliver it -- I can just point them to OO.org.

      So, my question to you is, do you think it's an unreasonable burden to require that everyone who makes a flyer in OO should be able to point people to OO.org? And, do you think it's an unreasonable burden to require that anyone who makes a change in OO.org, even if they don't distribute that change, should produce source to it if they distribute a flyer created with it?

      If not, should I go ahead and send these ideas in to the GPLv3 team?

      --
      Don't thank God, thank a doctor!
    46. Re:The GPL3 process is not closed by bogado · · Score: 2, Informative

      The point is that if you're running in a public web site it is the closest you get to a distribution of a software that runs on the client side. If you get a GPL3 php script, change it to do a new bling and start your new blog service and do not cvontribute back to the original code you're being as bad as someone who get's the linux kernel change it a bit and create a new OS with it and keep it closed.

      The point is that web application do not need to be distributed, so the GPL is quite useless to them, any unscrupled comercial sitecan get his hands in tones of GPL stuff and never donate a single line of code, because he is not distributing the altered code.

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    47. Re:The GPL3 process is not closed by tiocsti · · Score: 1

      "As for SunOS 5.x, which is more commonly refered to Solaris, is Sys V Rel 3 based."

      No, sunos5 has always been based on svr4 as far as I know.

    48. Re:The GPL3 process is not closed by sumdumass · · Score: 1

      I don't see why using an opensource webserver should mean my site code becomes opensource too. It is rediculous to suggest that when using some colaberation software, because i changed the souce code to reflect my setup and logo, it is now open source and i need to give everyone uses my site copies if they ask for it.

      This is why we spent two months debating on wether opensource fonts made your documents opensource too. And this trying to extend opensource software licensing to cover hardware produced and sold for a specific purpose so that people can use it for things it never was intended to do by the manufacturer is going too far. If you buy a Tivo, You bought a Tivo, not a personal computer! If you want to buy a personal computer "tivo", then spend the thousands (however much) of dollars to have one made. All the parts can be purchased and assembled by individuals with the right skills.

    49. Re:The GPL3 process is not closed by sumdumass · · Score: 1

      Interestingly, I have heard discusion were people are planning to take the GPLv3 to court and complain that it isn't compatible as a GPL product per GPLv2 stated goals and intentions.

      They are claiming some of the same things that the kernel maintainers are comlaining about. They say (and i believe them,) that the GPLv3 is incompatible as it is currently writen with GPLv2 and cannot be a replacement for GPLv2 because of the stated goals of upgrading the GPL in section 9 and still remain in the spirit of GPLv2.

      Anyways, a court might strike it down before it has a chance to be used. Being the GPL is a license and falls under contract laws, A significant change in the contract that limits the freedoms allowed by the previous contract cannot go against the spirit of the previous contract automagicly without express content. At least that the idea i have been told.

      It would be almost the same as the GPLv3 having a clause saying comercial entities and black people cannot use it. It goes against the spirit of the Previous version and cannot automaticly inlude consent of people who agreed to the previous spirit without their direct approval. The GPLv2 says new versions will stay within the stated spirit of the GPLv2.

    50. Re:The GPL3 process is not closed by Anonymous Coward · · Score: 0

      That is NOT legalese. You have no clue what you are talking about. If the GPL3 makes companies distribute because they are offering a "service" then you might as well kill the GPL3 right now. That is stupid and ignorant. I am sure the Stallman fanboys will goosestep to it though.

    51. Re:The GPL3 process is not closed by Tim+C · · Score: 1

      The GPL is essentially useless for web services as it is anyway, since most of them will be PHP

      Well I don't know about most of them. Yes, a lot of web stuff is in PHP now, especially stuff that's likely to be GPLed, but I'd hazard a guess that there's far more in compiled or VM languages.

      Besides, that's not the point. The point is that the *users* of the service should have access to the source code, not the admin/developer - of course they have. Just being in PHP doesn't give the end user access to the source, they still only get to see the emitted HTML. This change is meant to address those people who are *not* installing it on their server.

      So really, the only reason we shouldn't just public domain all this web software now is that the GPL means that no matter how you acquire the software, if you do actually have the source, you're allowed to redistribute.

      And that's different from placing it in the public domain how? When you GPL something, you reserve all your rights but grant others the right to modify and resdistribute, under certain conditions. If you place it in the public domain, you waive all rights - everyone still gets the right to modify and redistribute, but without any conditions attached.

    52. Re:The GPL3 process is not closed by Movi · · Score: 1

      > Please explain how a license can "crumble".

      What GP means, is that it can in parts become out of date.
      Same way as some biblical stuff is out of date now ("thou shall not eat pork"-stuff).

    53. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1

      Actually, I agree with you. I was making the point that it makes sense to change the GPL to be effectively more restrictive than public domain for applications like this.

      As for how much is PHP and how much is VM? I'm guessing they're about the same between PHP/Perl/Ruby and Java/.NET, and I know of almost no actual compiled web apps (as in c/c++).

      --
      Don't thank God, thank a doctor!
    54. Re:The GPL3 process is not closed by Elektroschock · · Score: 1

      GPL? Pah! GNU GPL.

      Now, today GPL is more than the license of GNU. In fact GNU is a minor GPL project family. Look at the preamble: "We, the FSF". In most cases the GPL is used by others than GNU or the FSF. But indeed, they still treat it as their very own license.

    55. Re:The GPL3 process is not closed by mkcmkc · · Score: 1
      Please explain how a license can "crumble".

      A license can detiorate over time in just the same way as software rots. It's not that the words/bits themselves change. Rather, if the surrounding environment/context changes, the article no longer works as designed.

      --
      "Not an actor, but he plays one on TV."
    56. Re:The GPL3 process is not closed by mrchaotica · · Score: 1
      Being the GPL is a license and falls under contract laws, A significant change in the contract that limits the freedoms allowed by the previous contract cannot go against the spirit of the previous contract automagicly without express content.

      Makes sense to me. However, why do you think the "or any later version" clause fails to provide that?

      --

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

    57. Re:The GPL3 process is not closed by GigsVT · · Score: 1

      I use Postgres almost exclusively. I started using it years ago when it was a vastly superior database comared to MySQL. I've watched over the years as MySQL has closed the gap, to my surprise.

      Look at this article from a couple years ago:
      http://builder.com.com/5100-6388-1050671.html

      If you updated this chart, it would be pretty boring, since the MySQL column would be all "Yes" now too.

      Why is it that people worked with a very inferior GPLed product when a BSD one existed that already had all the features? Why even bother making MySQL support all that stuff?

      I don't wish bad things on PostgreSQL. I hope it stays around and continues to be maintained. But the advance of MySQL and the lack of wide interest in PostgreSQL says something about their respective licenses.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    58. Re:The GPL3 process is not closed by GigsVT · · Score: 1

      If it's outputting part of the executable code that is GPLed, and transmitting it over the network to another host which is executing it, then use can be distribution.

      It's like the Bison case. This came up in Computer Associates v. Quest. The FSF thankfully included a special license term with Bison that stated the executable code it generated was free to use, and not covered by the GPL. In absence of this special clause, it would have been covered by the GPL.

      If you make blog software that has Javascript in template files that the program simply fills in and transmits, then that Javascript constitutes a distribution of GPL licensed software. AJAX makes the case even clearer. Without a special license exception for these executable parts of the application that are distributed as part of normal use, I fully believe that the use of such software makes the distributer subject to the GPL.

      It may not matter in my example, since the Javascript is automatically open source, and I don't think the GPL would require you to distribute the entire program only because you distributed a part of it, but it could have some implications that should be considered.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    59. Re:The GPL3 process is not closed by Curien · · Score: 1

      Yeah, I missed that line.

      I think it's unprofessional. Would you want a watermark of the GIMP... coyote? whatever... and URL on your wedding pictures? Would corporations and design studios use your product? I doubt it. I don't think it's unreasonable for stuff I use at home, but I'd never use such a product at work. Come to think of it, I remember wanting to use a piece of free web code of some sort at work a few years back, and we decided not to because one of the license stipulations was that the logo appear on the page.

      If you want to stipulate it in your free software, go ahead. I think it's probably a good way to form word-of-mouth for some stuff. But for a large portion of software (targetted at business, government), it's just not kosher.

      --
      It's always a long day... 86400 doesn't fit into a short.
    60. Re:The GPL3 process is not closed by Bing+Tsher+E · · Score: 1

      The strenth of the GPL, however, is not in the FSF maintaining it. It is in how many developers use it. Only time will tell wether programmers will follow the FSF 'forward' to the v.3 license. If not, it doesn't matter one wit what the FSF 'meant.'

      Face it: there are many programs licensed with the GPL whose programmers did not surrender the copyright over to the GPL. The FSF wishes that were not the case, and in fact pleads with programmers to 'give it all to the FSF' but that's where things stand.

    61. Re:The GPL3 process is not closed by koreth · · Score: 1
      Despite Postgres being a technically superior product it lags in user acceptance and developer enthusiasm because it's not GPLed.

      What evidence is there that Postgres is less popular than MySQL because of its license? People I know who choose MySQL over Postgres do so because MySQL is faster for their particular workload, or because it's easier to set up (less true now than it used to be), or because the PHP message board package they want to use is littered with MySQL-specific queries and won't work with any other database, or because their Web hosting provider supplies a MySQL database but not a Postgres one.

      None of which have anything to do with the license.

      Apache isn't GPLed and last I heard it was kind of popular.

    62. Re:The GPL3 process is not closed by slamb · · Score: 2, Insightful
      For some reason (I think I know why but I will leave it to you to come up with your own) the developers seem to prefer working on GPLed products even when there are competing BSD based projects out there. It is because of that the MSQL development is robust and the userbase is strong while postgres remains more or less a niche product. ... Given any product space you will find that the GPLed products are more likely to be widely used and have greater developer communities.

      I don't buy it. The only examples I can think of are Linux vs. BSD and MySQL vs. PostgreSQL. In both cases, there are a lot of other reasons that might explain why the GPLed one's popularity. Mostly historical, I think - the AT&T lawsuit slowed down BSD adoption, and supposedly PostgreSQL used to be a lot slower and harder to use. The PHP people focusing exclusively on MySQL really made its popularity grow.

      This isn't to say postgres is not a better product (or firebird or whatever) it's just that in the marketplace it's lost mojo.

      You can't lose what you never had.

    63. Re:The GPL3 process is not closed by oohshiny · · Score: 2, Insightful

      Linux came in right at that time to steal what could have been BSD's thunder.

      BSD was technically superior long after the lawsuit had been resolved and when Linux was still in its early growth stages. BSD could have easily become the dominant open source operating system.

      And Solaris is a straw man. SunsOS 4.x and older was BSD based. [...] As for SunOS 5.x, which is more commonly refered to Solaris, is Sys V Rel 3 based.

      I fail to see your point. How does Sun changing directions mid-stream turn them into a BSD contributor? And, in any case, being SVR4-"based" doesn't mean they stopped using BSD code.

      "Sun didn't make many meaningful contributions to BSD" And what NFS, NIS, etc are nothing?

      How exactly do you think Sun "contributed" NFS to BSD? The FreeBSD NFS files, for example, do not have any Sun copyrights. And FreeBSD NIS only seems to have some Sun header files, needed for compatibility. There may or may not be some SunRPC and XDR code in FreeBSD. But NFS, NIS, RPC, and XDR are such shitty standards that any contribution of them was more self-serving than helpful.

    64. Re:The GPL3 process is not closed by RPoet · · Score: 1

      The connection of popularity to license is vacuous. I'm sure MySQL was more popular than PostgreSQL even back when it was a proprietary, non-free, non-GPL, binary-only product. There are countless aspects which explain its popularity better than its licensing.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    65. Re:The GPL3 process is not closed by sumdumass · · Score: 1

      Well, I was just repeating what I heard so those aren't exactly my words. I probably shouldn't have said anything because I think they are serious about taking it to court as soon as it is adopted. But from what I understand of thier posistion, can try to explain it a little.

      The spirit of the gpl is to allow the software to be free to do whatever with and have any distributed changes given back to the comunity. It also says this license only adresses acts of copying, distribution and modification Of the _software_ are the only thing the license covers. Everything else is outside the scope of the license as it is intended. It also says each newer version of the license would be simular in spirit but adress new problems as they arise. This leads people to belive that by using the "and later versions" clause that the same freedoms existing today will be here in the new version of the software and the license will still only address the _software_ while everything else will still be outside the scope of the GPL.

      Locking people's chioces and freedoms out because some codec is copywriten or pattented even though they give a free license away that is compatible with the GPL isn't in the spirit of the GPL. Mandating hardware do certain things if you use GPL software isn't in the spirit or scope of the license either. There are a few other things but you get the drift of the gripe.

      These things are considerably different then the existing license and against the spirit of the existing license (GPLv2). The problem doesn't arise because a change was made to the license but because the scope of the changes being made are going against the spirit of the license they signed on to. If section 9 didn't have the Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. in it, or maybe having it read "new versions will do whatever we want this week" people wouldn't get the idea that new versions of the GPL would only include things that need to be re-worded to ensure the license will hold up if challenged. Or maybe spelling out some specific remedy for someone who isn't compliant or even a course of events to transpire before court action is neccesary would be a change remaining in the spirit of the GPL. Making a crusade on pattents and Tivo's isn't in the spirit of the GPL and places restrictions on the use of GPLed software not currently made.

      If the GPLv3 were to become the current GPL as it stands, It would make it a violation for a computer shop to set wine up on a computer they just sold and install the customers windows games. It would be a violation to make a front end for WMP, winamp, Easy CD Creator or any other program that holds pattents on software and include it in a distro in case someone wants to use thier windows programs from linux(asuming they had that ability). It would make reading fat32 and NTFS drives against the new GPLv3, Microsoft has pattents on them, have attempted to collect license fees for thier use in situations other then running windows. It would be questionable If grub or lilo would be compatible if they kept the means to read the boot sectors of fat32 or ntfs drives and boot windows. It would pretty much stop partitioning programs from resizing windows drives or being used to work with windows pattented filesystem. And thats just off the top of my head. I'm sure if someone actualy though about what would be effected, they would see quite a few more programs that are going to have problems.

    66. Re:The GPL3 process is not closed by rdebath · · Score: 1
      >> The one good point of GPLv3 is that it expressly addresses the leeches who play word games and legalese instead of STEALING other people's work.

      This is true for the GPL in total, it is after all in spirit just

      "I release this into the public domain AND I WANT IT TO STAY THERE!"

      It's that last part that the people who give weasels a bad name have a problem understanding. So the FSF are constantly in a sticky bun fight.

    67. Re:The GPL3 process is not closed by howlingmadhowie · · Score: 1

      and they'd be wrong with their assertion. how could a license written in 198? be responsible for widespread adoption because of webpage application and hardware locking loopholes, when webpage application and locking hardware didn't exist until the 21st century?

    68. Re:The GPL3 process is not closed by Pofy · · Score: 1

      >If it's outputting part of the executable code that is GPLed,
      >and transmitting it over the network to another host which is
      >executing it, then use can be distribution.

      Thus, you need to go to copyright law and figure out if it actually IS a distribution that would violate copyright. Otherwsie it would not matter no matter how you or anyone else feels it shall be viewed or looked at.

    69. Re:The GPL3 process is not closed by mrchaotica · · Score: 1

      And those programmers that included the "...or later" clause won't really have a choice, because sooner or later someone will create a "v.3 or later only" fork of their program.

      --

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

    70. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1
      I think it's unprofessional. Would you want a watermark of the GIMP... coyote? whatever... and URL on your wedding pictures?

      If that's all that you think is unprofessional, would it suffice to have the watermark embedded, invisibly, somewhere in the file? Could be done with stenography, or depending on the file type, it could be embedded in some sort of "comments" section.

      More likely, just stick to what I said -- provide source code on request. Maybe have some sort of license or BSD-like license fragment accompany works created with GPL'd software. That way, you wouldn't be able to simply hand the image to someone else who's not using the Gimp, and have them distribute it, but refuse to say what it was created with. But you could still have a professional-looking website, just link to these terms in the copyright notice at the bottom of the page.

      Come to think of it, I remember wanting to use a piece of free web code of some sort at work a few years back, and we decided not to because one of the license stipulations was that the logo appear on the page.

      How big a logo?

      I don't think that's unreasonable. There are quite a few very tiny logos that would actually fit neatly around that copyright notice, and link back to the product's homepage. You'd be supporting the software (Apache/PHP/Lighttpd/Perl/MySQL/Drupal/whatever), even the standards (Valid CSS, Valid XHTML), and barely impact the look and feel of your site.

      Supporting the software is good and bad. Possibly bad because it could clue in your competitors to software they weren't aware of. Good because with more people using it, even your competitors, the software is likely to improve.

      But I really don't see how including little buttons on a webpage for the software you use is considered unprofessional. How, exactly, does it hurt your professional image? I can see where you'd want the freedom not to do so...

      I think it's probably a good way to form word-of-mouth for some stuff. But for a large portion of software (targetted at business, government), it's just not kosher.

      Businesses and government don't benefit from word-of-mouth?

      --
      Don't thank God, thank a doctor!
    71. Re:The GPL3 process is not closed by Curien · · Score: 1

      Hmm... Embedded in the meta-data would be perfectly reasonable.

      The issue I had at work wasn't so much one of aesthetics, it was one of legality. I work for the government, and my particular area is restricted from having logos on our web pages which may be construed to advocate a third party entity. No "Valid HTML with a link to the W3C", no "Best viewed with Internet Explorer/Firefox" and certainly no "Powered by...".

      --
      It's always a long day... 86400 doesn't fit into a short.
    72. Re:The GPL3 process is not closed by killjoe · · Score: 1

      "Apache isn't GPLed and last I heard it was kind of popular."

      That's a good data point. The idea is to take all the data points and see if they form a trend.

      --
      evil is as evil does
    73. Re:The GPL3 process is not closed by SanityInAnarchy · · Score: 1

      Yes, the law can be annoying that way. You're using the software, making it known that you use it shouldn't be such a problem. If you're afraid to advocate it, why are you using it? Certainly, advocating standards can't be a bad thing.

      But I can understand -- it's government. It's not only completely out of your hands, it's likely completely out of any one person's hands at this point.

      I wonder if your area would've had such problems with metadata, however.

      --
      Don't thank God, thank a doctor!
    74. Re:The GPL3 process is not closed by msobkow · · Score: 1

      If a user outside the company or enterprise is accessing a system, then that system is being used outside the company.

      If the software is used outside the company, it is being distributed.

      If the software is being distributed, the source must be released under the terms of the GPL.

      If you are using a VPN to access the program, you are using resources within the company to run the software. If you are using SSH or a web interface, you are accessing the application via resources outside the company and thereby using code that is being distributed.

      Those who claim otherwise are playing word games and ignoring the obvious intent of the license.

      --
      I do not fail; I succeed at finding out what does not work.
    75. Re:The GPL3 process is not closed by Curien · · Score: 1

      Meta-data would have been fine. The "generator" or whatever HTML meta tags were allowed, for example. (I use the past tense because I'm no longer in a public relations-related area, so I haven't kept up on changes to policy.)

      --
      It's always a long day... 86400 doesn't fit into a short.
  2. He needs a Time Machine by neonprimetime · · Score: 2, Informative

    FTFA...

    For Torvalds, the controversy over the different versions of the GPL is ultimately very simple: If "I can just go back to 1992, when I relicensed Linux under the GPLv2, and ask myself: If I had the choice of licenses back then that I have today (including the GPL3 draft), which one would I have chosen? And the answer simply isn't the GPLv3. It might have been the Open Software License, though. But, most likely, it would still be the GPLv2."

  3. This makes sense. He's a developer at heart. by Anonymous Coward · · Score: 2, Insightful

    At heart, he's a developer. He'd rather be coding or debugging than getting involved in legal debate. And that's a good thing for us. I'd much rather him spend an hour working on Linux than disputing some clause of some license. It's just a more productive use of his time.

    1. Re:This makes sense. He's a developer at heart. by Schraegstrichpunkt · · Score: 3, Insightful
      At heart, he's a developer. He'd rather be coding or debugging than getting involved in legal debate. And that's a good thing for us. I'd much rather him spend an hour working on Linux than disputing some clause of some license. It's just a more productive use of his time.

      None of us, even Debian developers, enjoy dealing with legal issues. We do it because not doing so is short-sighted. IMHO, Linus often fails to understand the full scope of a non-technical problem, and when challenged, he uses "I'm apolitical" as an excuse to remain ignorant.

      Linus is a decent programmer and a mediocre project manager. He's not a visionary, and I think his relevance has peaked or will soon do so. For the FSF, on the other hand, it's only the beginning. Linus is probably disappointed because the FSF won't cater to him or change its goals to suit his needs (see his complaint about the FSF not giving him early access to the first draft of GPLv3), but frankly I couldn't care less if the FSF just ignored him altogether.

    2. Re:This makes sense. He's a developer at heart. by Just+Some+Guy · · Score: 1
      He'd rather be coding or debugging than getting involved in legal debate.

      ...whether or not the legal debate directly affects him. See also: BitKeeper. He wasn't interested in the silly licensing issues until the rug got jerked out from underneath all the kernel developers.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:This makes sense. He's a developer at heart. by FrostedChaos · · Score: 1

      Linus made it very clear that he chose the GPLv2 because he liked the license, not because he's drinking RMS's kool-aid. And yet, people still insist on whining when he doesn't agree with RMS' every pronouncement. Get over it! Linux is not "a GNU project," it's Linus' project.

      The problem is, RMS is a megalomaniac. You can see this clearly in the way he tries to name projects after himself, and in the way he tries to micromanage projects that he has really very little involvement with! I can't believe that you sneer at Linus' successful, pragmatic approach, but sing the praises of the same project manager who gave us HURD, the decade-long vaporware disaster.

      RMS probably believes that he, himself, is solely responsible for the success of open source software. In reality, the rise of cheap PCs and the Internet (which allowed developers to collaborate cheaply) are the real driving forces. Let's also not forget the companies that have lent their support. IBM has probably done more to keep open-source UNIXes viable than any open source leader. No other organization had the budget to fight SCO!

      In their blindness, RMS' zealots cannot see this. They can't see that corporate partnerships are not only desirable, but necessary, to keep free software alive in a world of patents, lawyers, and DRM. They can't see that changing the GPL will not stop DRM. DRM is a political problem, not a technological one. It can't be solved by imposing vague, onerous end-user license clauses on developers and users.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    4. Re:This makes sense. He's a developer at heart. by p00pyhead · · Score: 1

      ut sing the praises of the same project manager who gave us HURD, the decade-long vaporware disaster
      ... and gcc, and gdb, and emacs...

    5. Re:This makes sense. He's a developer at heart. by ClamIAm · · Score: 3, Insightful

      He'd rather be coding or debugging than getting involved in legal debate.

      Then why is he continually debating the legalese of the GPL3 draft? To me, it sounds more like he wants to be "right" but doesn't want to do anything that could put him in a position to look stupid. See also: pretty much every debate Linus gets involved in.

    6. Re:This makes sense. He's a developer at heart. by arose · · Score: 1

      The problem is, RMS is a megalomaniac. You can see this clearly in the way he tries to name projects after himself [..]
      You mean Stallmanix and RMacS?
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    7. Re:This makes sense. He's a developer at heart. by FrostedChaos · · Score: 1

      GCC came pretty near to forking around v2, with the egcs guys and all. It's hardly a shining example of "how to manage an open source project."
      That being said, I agree that it's a great achievement-- possibly even the most important GNU program.

      GDB has always been a dog. It hardly works at all on multi-threaded programs, and still has major trouble with C++.
      Sometimes it's impossible to see the value of local variables. Other times the debugger itself segfaults. Not a happy situation.
      I know these things because I've had to use it at my company, and usually we end up using other debugging methods because it doesn't work!

      EMACS might be a good program for some, but I don't use it, so I won't comment on it here.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    8. Re:This makes sense. He's a developer at heart. by ciggieposeur · · Score: 1

      You can see this clearly in the way he tries to name projects after himself, and in the way he tries to micromanage projects that he has really very little involvement with!

      I followed your link to the discussion regarding GnuCash. RMS sent an email a) congratulating them on a new release, and b) asking them to clarify their web page in a very minor way to reflect the history in a way that the original author (Linas Vepstas) agrees is correct. As this message points out, GnuCash did in fact start out as an official GNU project and a significant churck of code (about 90%+) is currently copyrighted FSF. It also spurred a discussion that resulted in a clarification within the GnuCash team about their relationship to FSF (which is generally neutral/positive) and Gnome (which could get better by a lot).

      I don't see any sign of meglomania there.

    9. Re:This makes sense. He's a developer at heart. by Anonymous Coward · · Score: 0

      He wasn't interested in the silly licensing issues until the rug got jerked out from underneath all the kernel developers.

      And he still wasn't interested in legalities after that happened. How do I know? Because he turned around and wrote git, which has done a very good job of replacing BitKeeper. Notice that he didn't resort to lawyers and lawsuits. He just did what any good developer would do when faced with unsuitable software: write a replacement.

    10. Re:This makes sense. He's a developer at heart. by FrostedChaos · · Score: 1

      Read further.

      By Thomas Bushnell BSG:
      I have a lot of experience in dealing with RMS, and the very last
      think we want to do is get into a conversation about the question "Is
      GnuCash part of the GNU Project?" He will insist that the answer is
      yes, and begin imposing rules if he thinks it is necessary to force
      the "marriage". If the GnuCash developers protest hard enough, the
      result will only be that RMS will attempt to find a new gnucash
      maintainer (!) and appoint them the "official" GnuCash maintainer. Of
      course that doesn't affect anything directly, but it produces an
      instant code fork for no good reason.

      The current situation is happily ambiguous, in which we are all (both
      GnuCash and the GNU Project) reaping the benefits of a marriage
      without needing to enter in to all the long-term promises which that
      entails...

      Let's just make the website modifications because this will help us
      maintain peace. If RMS makes a truly unreasonable demand in the
      future, we can address that then. But the current request poses no
      real problems, and so in the interests of comity, I suggest we take
      it up, but without saying that we are doing so in response to his
      message.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    11. Re:This makes sense. He's a developer at heart. by ciggieposeur · · Score: 1

      Read the whole thread yourself:

      1. GC forks as a rip of an X11 program, at that time it is an official GNU project.
            a. All correspondance regarding personal finance packages will be forwarded to GC developers.
            b. FSF includes a link to GC.
            c. GC acknowledges itself as a GNU project and includes a link to FSF.
            d. GC developers at that time opt not to use other technical services from FSF.

      2. GC development continues via a private firm.

      3. Firm goes under, but assigns copyright to FSF.

      4. New generation of developers on GC forget about their relationship with FSF and create a web page that doesn't link back to FSF anymore.

      5. RMS notices and asks them to fix it. FSF is still pointing to GC from its web site and forwarding messages.

      6. Original developer chimes in and provides the history.

      RMS is NOT trying to hijack this project. FSF has original copyright on 90% of the code -- it's their project. The current developers are actually working on a fork even if they don't realize it. If the GC developers try to distance themselves from the GNU Project, RMS will be completely correct in trying to find a new maintainer for their branch and on insisting that their branch remains the original trunk.

      Example 1: GNU Emacs vs XEmacs. Even though XEmacs is out there, FSF needs someone to maintain the Emacs that is part of the GNU Project.

      Example 2: GCC vs EGCS. GCC development stagnated, EGCS became the new GCC and the new GCC is the official GNU Project C compiler. Forks can return.

      Given the history that RMS knew, and the fact that that history was backed up by the original developer, the question on the thread of whether or not GC is GNU Project does indeed become "Do the current developers on GC want to work on a non-GNU fork?"

    12. Re:This makes sense. He's a developer at heart. by Pecisk · · Score: 1

      And I think you are very wrong here.

      I don't want to rant, but if you see FSF and RMS as visionary, then you should maybe form a religion :) Joke and flaming aside, I don't fully agree with RMS, and I don't fully agree with Linus either. So there is my point - maybe let's not take it to "black/white" level and "who is wrong/who is right" and let's find out what is really issues here?

      From Linus point I could understand his disappointment - FSF simply ignored suggestions not to mess with DRM clauses, because it is whole reason RSM wants GPLv3. I see why RSM would want to do it, but I totally disagree with the way he tries to lead us there.

      And for one, DRM is big, very big and will stay here, no matter how would you don't like it. Ignoring it - and patents too - would mean that we will be locked out from other world again. Maybe it is suitable for lot of free software users and developers, but not for majority and new, potencial users. From that point GPLv3 is big "na na na, we don't wanna hear the truth".

      And for one, I am quite surprised so many personal attacks to Linus. And no, he is not weak project manager. Believe me, I have seen lot of them.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    13. Re:This makes sense. He's a developer at heart. by Anonymous Coward · · Score: 0
      Linus is a decent programmer and a mediocre project manager
      Two points. One, you are massively downplaying the how well he has managed an operating system for more than ten years, and still retain almost full control of it. Compare it to other GNU projects or BSD - GNUStep, HURD, gcc/cygnus/egcs split. And hopefully 'decent' is high praise in your book. Two, FSF and Linus' goals are different. It is better if FSF realized this and stop actively trying to downplay Linux. It's his project, almost every Linux contributor is happy with his view on GPLv3, so let it be...
    14. Re:This makes sense. He's a developer at heart. by Walter+Carver · · Score: 1

      He is not apolitical since back then he chose GPL instead of BSD. There was some politics involved in that choice.

    15. Re:This makes sense. He's a developer at heart. by FrostedChaos · · Score: 1

      Fair enough. GnuCash is a GNU project.

      I still don't think very highly of RMS as a project manager.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
  4. I'm holding out by stox · · Score: 5, Funny

    for the kills small children and eats them for lunch license. Dinner would be OK, too, but not breakfast.

    --
    "To those who are overly cautious, everything is impossible. "
    1. Re:I'm holding out by kfg · · Score: 2, Funny

      Everyone knows the GPL is a virus. Maybe it's one of them flesh eating virus thingies.

      KFG

    2. Re:I'm holding out by db32 · · Score: 1, Funny

      Quite frankly I'm dissapointed. It SHOULD kill small children and eat them for any meal! We need to make sure it can determine the outcome of any given child's future. Future lawyers...kill em n eat em... Future **AA employees... kill em n eat em... Future DRM creators... warm them up and eat them alive so we can all hear them scream... Future MS programmers...kill them but don't eat them...lord knows what kind of evil sits in their minds waiting to come out.

      --
      The only change I can believe in is what I find in my couch cushions.
    3. Re:I'm holding out by lpontiac · · Score: 1

      Well, the BSD license is best for mulching babies.

    4. Re:I'm holding out by mrchaotica · · Score: 1

      So make your own! It's not like anything's stopping you...

      (Note that it may not be as enforcable as the GPL, however.)

      --

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

    5. Re:I'm holding out by Anonymous Coward · · Score: 0

      Also known as the Fat Bastard license. GPLv3 marks a change from the "viral" aspects of GPLv2 to one of devouring whole codebases, software patents, copyrights, and all other forms of little juicy IP children.

      GPLv2: Ha! You touched me. Now your code is infected and must spread to others!

      GPLv3: GET IN MY BELLEEEEE!

      (kidding). You've been kidded.

    6. Re:I'm holding out by Experiment+626 · · Score: 2, Insightful

      I'm holding out for the kills small children and eats them for lunch license.

      http://www.microsoft.com/windowsxp/home/eula.mspx

  5. Re:Number One! by markild · · Score: 1

    ...not very

    --
    Scully: Should we arrest David Copperfield?
    Mulder: Yes we should, but not for this.
  6. A simpler explanation by El+Cubano · · Score: 5, Interesting

    Torvalds may not like the GPLv3. However, I think that is orthogonal to why he is sitting out the process. At heart, the man is an engineer/coder. How many people work as software engineers/programmers/code monkeys/whatever and jump at the shot to sit in the "politcal" meetings? Seriously. As a general rule, engineers and programmers would rather be engineering and programming. They don't care so much about marketing. They don't care so much about the political undercurrents of the organization. They just want to do their job well.

    1. Re:A simpler explanation by ClosedSource · · Score: 3, Insightful

      I think that's part of the reason, but he also understands his high profile and doesn't want the process to be more "legitimized" through his involvement when he thinks the basic outcome was predetermined.

    2. Re:A simpler explanation by Aladrin · · Score: 4, Insightful

      That's obviously correct as far as it goes, but think about open source licensing for a moment. Can you think of anyone who is not fanatical about the license they picked? I know I am. At least if not the exact license, then the spirit of that license.

      LT has made it pretty clear that the spirit of the GPL v3 is not the same as the v2 to him, and that's his objection. I definitely agree with that, even though I strongly dislike the v2 as well.

      I suspect the real reason he has dropped out of the conversation is because he has no interest whatsoever in the direction of the v3 and the FSF has made it VERY clear that they have no intent on changing the parts he hates. It doesn't help him or them 1 iota to stay, so he left. Smart man.

      "Grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference."

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    3. Re:A simpler explanation by vertinox · · Score: 1

      They don't care so much about the political undercurrents of the organization. They just want to do their job well.

      Which is the fatal flaw of any engineer or programmer especially when their common sense tech skills could save the company (or movement) when a non-tech person gets at the helm and steers everyone into a situation that sinks them all.

      To play on a Hellraiser movie quote: "You may not believe you can affect politics, but politics believes it can affect you."

      If you refuse to deal with politics, it doesn't stop the political process from getting into your daily life. (Ivory towers nonwidthstanding)

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    4. Re:A simpler explanation by Anonymous Coward · · Score: 0

      "How many people work as ... engineers....r and jump at the shot to sit in the "politcal" meetings?"

      'Sit in' perhaps not, but a strong, unshakeable faith in their opinion though? All of them. Nothing's worse than an engineer's opinion on matters outside their discipline. You may as well argue with a boulder. (Before anyone gets their genitals in a knot, I am an engineer, as are half my siblings. I know the subject.)

    5. Re:A simpler explanation by a.d.trick · · Score: 0, Flamebait
      LT has made it pretty clear that the spirit of the GPL v3 is not the same as the v2 to him, and that's his objection. I definitely agree with that, even though I strongly dislike the v2 as well.

      How so? I'm pretty certain that the GPL stated quite sucintly that it's purpose was to make sure the source was free, available, and usable. The GPLv3 is just an attempt to close up several loopholes that exist in the current version of the license. From what I've heard from Torvalds, it seems that he's realized that Linux is really successful, and he want's to make some quick coin and sit on his laurels for the rest of his life. The problem is that Linus only owns a small part of Linux, so there's no way in hell he can close the source or anything.

      Seriously, he should switch over to BSD and leave our penguins alone.

    6. Re:A simpler explanation by grumpyman · · Score: 2, Insightful

      Yes engineers wants to do their job well. And the quote "They don't care so much about the political undercurrents of the organization" is typical of engineers. But engineers gotta realize in order to make a decision for the larger group (not just themselves), these processes has to occur. I wouldn't even call such a thing as 'necessary evil', because afterall, it is really just a process to get this done with consensus, unlike design of a subsystem, architecture of a software, which may only require agreement of a handful of people.

    7. Re:A simpler explanation by dfghjk · · Score: 1

      Nothing's worse? Engineers haven't cornered the market on hardheadedness. I can think of a lot of things worse than something as simple as one's opinion.

    8. Re:A simpler explanation by dfghjk · · Score: 1

      It's called maturity and leadership. Yes, plenty of engineers/programmers want to participate in such processes. They consider it part of doing their job well.

    9. Re:A simpler explanation by ashtophoenix · · Score: 1

      Yes, and it is kinda unfortunate that such is the case. Since when stupid political decrees are granted, engineers and coders are the ones to be pissed off (for good reasons most of the time). But what right do they have to be pissed when they were sitting on their desks and coding and not getting actively involved in the process (yes, easier said than done, but what is the alternative?). A strong coder or clear-thinking technician (not necesarrily an einstein) who also understands the paradoxes and idiosyncrasies of management/politics and is ready to face the frustrations for the better is what is needed at this time.

      --
      Life is about being a Phoenix!
    10. Re:A simpler explanation by TheRaven64 · · Score: 1
      Can you think of anyone who is not fanatical about the license they picked?

      Linus. He originally licensed Linux under a free-for-non-commercial-use license, and changed it to the GPL when asked. He doesn't agree with the FSF's philosophy, which is embodied in the GPL. He likes some of the side-effects of the GPL, but has never been a strong advocate if it or the philosophy it represents.

      --
      I am TheRaven on Soylent News
    11. Re:A simpler explanation by Abcd1234 · · Score: 1

      he want's to make some quick coin and sit on his laurels for the rest of his life

      How, precisely, would he do this by sticking with GPLv2?

      Perhaps, and hey, this is just a guess, Linus thinks that the GPLv3 will outlaw uses (such as signed code) which he feels are legitimate, this overly limiting the application domains in which OSS can play.

      BTW, do you always chalk up disagreements with your personal opinions as flaws in the other person's character? Just OOC?

    12. Re:A simpler explanation by relifram66 · · Score: 1

      Pickle juice in the eye, for instance...

    13. Re:A simpler explanation by Anonymous Coward · · Score: 0

      If i'm not mistaken, the penguin is a Linux beast, the gnu is the FSF beastie.

    14. Re:A simpler explanation by ClosedSource · · Score: 1

      Good engineers also have a good appreciation for efficiency and viability. It is more logical to avoid getting involved in politics if you know your concerns will not be heeded. This is not a situation where every participant has equal power. Management can always say "our way or the highway" and back it up.

    15. Re:A simpler explanation by Stalyn · · Score: 1

      Seriously. As a general rule, engineers and programmers would rather be engineering and programming. They don't care so much about marketing. They don't care so much about the political undercurrents of the organization. They just want to do their job well.

      The danger is if they don't get involved with politics they will become irrelevant. And soon their job is no longer "engineering and programming" but doing what they are told.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    16. Re:A simpler explanation by eraserewind · · Score: 1

      The spirit of the GPL has always been about maintaining the freedom of the end-user against infringement by developers. The people who disagree with the GPL or the proposed modifications, which are all perfectly in line with the "freedom of the end user" objective, mostly care about the freedom of the developer or the freedom of the code.

    17. Re:A simpler explanation by Elektroschock · · Score: 1

      I assume he missed the second draft. We can have a third and fourth draft...

      Linus should have a look at the source.

    18. Re:A simpler explanation by Aladrin · · Score: 1

      You made me question my view of the GPL for a moment, but a quick Google search reminds me what the real spirit of the GPL is: Protection of the code. The GPL does not (and cannot) provide any more 'freedom of the end user' than the free licenses like BSD, etc. I've heard many, many times that the GPL is not a usage license/EULA/etc. It's a distribution license.

      Instead, it promises the end user something different: If someone upgrades the software you are using, and distributes it, you are also entitled to the upgrade. This is more aimed at the developer of the original software, though. It keeps his/her peace of mind that the free code he create for the good of the public will remain free and continue being improved (if it's worthy) long after he/she is gone. That nobody can simply take the code, create a better non-free version with it, and not give back anything.

      So the spirit of the GPL is really 'free code stays free' and not 'freedom of the end user.'

      So with that in mind, how does preventing code from being used where the user wants fall in line with the spirit of the GPL?

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  7. It kills and eats small children for breakfast... by __aaclcg7560 · · Score: 0, Offtopic

    I had no idea that such a creature was lurking in the kernal.

  8. Re:Number One! by Anonymous Coward · · Score: 0

    Not awesome at all as you were actually 4th...

  9. Re:Disclosure by chrismcdirty · · Score: 1

    Slashdot always discloses whenever they link to another OSTG site. But just because they mention open source doesn't mean they should have to disclose. That'd be like MSNBC mentioning they're owned by NBC and Microsoft every time they mention computer software.

    --
    It's like sex, except I'm having it!
  10. Torvalds: I'm going to fucking bury the FSF! by Anonymous Coward · · Score: 3, Funny

    Have a chair.

  11. The GPL3 process is closed! by Anonymous Coward · · Score: 1, Interesting
    Why do you think that any sensible suggestion you do will make it into the GPLv3? The process itself is fundamentally closed (you don get to see the communication that goes inside), undemocratic (no vote) and totalitarian thing: the president of the FSF (Richard Stallman) decides alone what goes into the license and what doesnt.

    (You might argue that Linux is totalitarian too, but besides the point that it isnt, you can fork Linux if you think you can do better, while you cannot fork the FSF license creation process. That's why it's so scary.)

  12. Even regular folks like you and me can contribute. by hummassa · · Score: 2, Interesting

    I have actively participated in the debate about the clause 0 defect of the GPLv2 ("that is to say...") and I became satisfied that it is in good shape for the GPLv3.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  13. No, it's not, and you aren't making any sense. by mrchaotica · · Score: 3, Insightful
    (You might argue that Linux is totalitarian too, but besides the point that it isnt, you can fork Linux if you think you can do better, while you cannot fork the FSF license creation process. That's why it's so scary.)

    Your analogy makes no sense.

    Forking the FSF license creation process is not like forking Linux; it would be like forking the Linux development model, which is equally impossible.

    Forking Linux would be like forking the GPL itself, which is not only possible, but trivially easy: all you have to do is re-write it however you like, and rename it (e.g., "ACPL," for "Anonymous Coward's Public License").

    --

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

    1. Re:No, it's not, and you aren't making any sense. by bfields · · Score: 1
      Forking Linux would be like forking the GPL itself, which is not only possible, but trivially easy: all you have to do is re-write it however you like, and rename it (e.g., "ACPL," for "Anonymous Coward's Public License").
      The GPLv2 says at the top
      Copyright (C) 1989, 1991 Free Software Foundation, Inc.
      59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
      Everyone is permitted to copy and distribute verbatim copies
      of this license document, but changing it is not allowed.
    2. Re:No, it's not, and you aren't making any sense. by mrchaotica · · Score: 1

      (IANAL)

      That's there to stop people from turning it into something like a Microsoft EULA and then still calling it the GPL, and that's why I said you'd have to rename it. You still ought to be able to write your own license using same language. (The phrase "derivative work" makes no sense when you're talking about a legal document -- if it's different, it's different!)

      --

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

  14. Re:Disclosure by Anonymous Coward · · Score: 0

    Since the article linked is at linux.com it's not the same thing at all. You are quite wrong in your metaphor. It would be like MSNBC saying it's owned by Microsoft when linking to a press release on microsoft's web site. Which I hope they do indeed do.

  15. Linus is rapidly turning into a netkook by Anonymous Coward · · Score: 0

    The ASF has actually wanted the Apache license to be GPL compatible, and only cockups (for example at the FSF) prevented that from happening in the past. ASF's VP of legal affairs is on a GPLv3 committee, making sure it there won't be a cockup this time around.

  16. He cannot switch by asac · · Score: 1

    A good bunch of Linux kernel is licensed GPLv2 only ... so in fact Linus cannot switch to GPLv3 without approval of all contributors - which is hardly doable imo. Remember how long it took the mozilla project to get permissions from all contributors to relicense the source under Tri-License. Maybe I am wrong, but even if Linus sees that GPLv3 is a good and necessary step ... he would not admit that.

    For me it looks like Linus tries to find reasons to justify a (wrong) decision he made years ago: not to trust RMS to keep upcoming GPL versions within the spirit of GPL. He intentionally removed the "and later clause" ... and now the ball returns.

    1. Re:He cannot switch by Anonymous Coward · · Score: 1, Insightful

      Are you trolling, or are you really that daft? If RMS felt so inclined, he could release a GPLv3 that isn't free in the least. Perhaps, one that doesn't require the source of released derivative works binaries to be released. Suddenly, the people who put in the hard work get the shaft. Isn't one of the goals of free software to be a lack of such a central figure? I know the intentions look and sound good, but entrusting one man, one board, or any other unit of people with the ability to make arbitrary changes to the licence of software he/they had no part in creating is NOT a good idea.

      Torvalds's decision to remove that clause is probably one of the best he made in the relicensing move.

    2. Re:He cannot switch by ClamIAm · · Score: 1

      A good bunch of Linux kernel is licensed GPLv2 only

      This gets repeated all the time. However, I have not seen any actual analysis that lends any proof to the statement. I've read in at least one article that a lot of code that's been submitted over the years did not specify exactly what terms the author was releasing it under. Legally speaking, this would (potentially) make the kernel a twisted minefield of licensing, as lots of different things could be argued, ranging from "this part is public domain" to "this part infringes my copyright".

  17. No he doesn't... by mrchaotica · · Score: 1

    ...because he just said he would have chosen the same thing anyway (read the last sentence of your quote).

    See, that's what I don't understand: why is Linus complaining? The kernel is licensed "v.2 only" anyway, so what the FSF does should be irrelevant to him!

    --

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

    1. Re:No he doesn't... by neonprimetime · · Score: 1

      He needs a time machine...
      No he doesn't...


      I'm sure he'd still say he needs a time machine.

  18. open source and free software need each other by Anonymous Coward · · Score: 0

    They only have their "open" development project because people care about freedom. The fact is that "open source" and "free software" are not mutually exclusive. There's an argument to be made that one cannot exist without the other. People might be moved to write free software by the goodness of their hearts - but the best software will be written by people out to make a profit by writing the best software. And some people might be moved to write "open source" software, but that isn't possible without software freedom. What's to stop IBM or RedHat, when it gets the chance, from taking over the kernel to the extent that it's possible. Big public companies are not your friends. They are useful tools. What they care about making money for their shareholders. This is not a fantasy land of unicorns and daisies: this is AMERICAN BUSINESS. Get it right. Linus would do well to remember that the movement which got us here requires adherents to both the open source and free software philosophy. Tension between the two is good for the community - but breaking apart is not. The FSF is clearly committed to the v3 process. Instead of criticizing the negatives - Linus should propose positive alternatives more in line with his "open source" style of reasoning. I do not have more respect for him because he lambasts the draft and its authors. Propose an alternative method for achieving what you think should happen. The GPLv3 isn't going away.

  19. maybe... by everphilski · · Score: 1

    you should read the article and see his concerns with respect to the Apache license.

    1. Re:maybe... by mrchaotica · · Score: 1

      You're referring to this, right?

      "But if you actually look behind all the nice words, it's just a polite way of saying, 'We want to hijack the code of those projects that use the Apache license, too, and turn that code into GPLv3. Because the definition of 'compatible with the GPLv3' is strictly one-way compatibility. You can convert Apache-licensed projects into the GPLv3, but not the other way. Doesn't sound quite as much as a "Kumbaya" moment any more when you put it that way, now, does it?"

      You know, that paragraph is still irrelevant. No "GPL v.2 only" code is going to be "hijacked" because it can't be. That's what the word "only" means! Similarly, "GPL v.2 only" code can't "hijack" Apache-licensed code. So again, Linus has nothing to complain about!

      --

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

    2. Re:maybe... by Curien · · Score: 1

      It's not irrelevant -- it nicely illustrates the mindset of the creators of GPLv3. It also shows how the FSF is spinning the word "compatible".

      --
      It's always a long day... 86400 doesn't fit into a short.
    3. Re:maybe... by mrchaotica · · Score: 1

      But what the Hell does that have to do with Linus? None of his code is or ever will be (unless he relicenses it himself) GPL v.3! And nothing about the FSF's "mindset" or their definition of "compatible" can change this!

      --

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

    4. Re:maybe... by Schraegstrichpunkt · · Score: 1

      It's even worse than that. It's the tired old argument that people who release things under permissive licenses don't actually want people to make full use of those licenses.

      News flash, Linus: If the Apache project didn't want its code to be able to be "hijacked" into GPLv3 projects, then they wouldn't have permitted it in the license.

      Linus needs to learn to shut his damn mouth unless he actually has something intelligent to say.

    5. Re:maybe... by Curien · · Score: 1

      The interview was about much more than simply what license Linus liked. It included discussion on the FSF's process and why Linus wasn't participating in it. As such, points concerning the FSF's motives and tactics were quite appropriate.

      --
      It's always a long day... 86400 doesn't fit into a short.
    6. Re:maybe... by killjoe · · Score: 1

      Why is this a problem? Don't the apache people want the GPLed programs to adapt their code? I thought the whole point of the apache license was to be BSD like desire for others to adapt their code.

      --
      evil is as evil does
  20. "And Ode to GPLv2" by diegocgteleline.es · · Score: 3, Informative

    For those that didn't see it (because my submission to slashdot was rejected, between other reasons), An Ode to GPLv2:

    "One of the reasons I didn't end up signing the GPLv3 position statement that James posted (and others had signed up for), was that a few weeks ago I had signed up for writing another kind of statement entirely: not so much about why I dislike the GPLv3, but why I think the GPLv2 is so great.

    Rest of the post

    1. Re:"And Ode to GPLv2" by Anonymous Coward · · Score: 0
      I understand the "less is more" argument when it actually applies, Linus is barking up the wrong tree on this one.


      I want my code protecting against DRM and software patents so GPL3 is the better fit for me. The kernel will always be GPL2 so I don't see why linus and other kernel devs have been so rabid in their opposition. Is IBM calling all the shots now?

    2. Re:"And Ode to GPLv2" by Chops · · Score: 2, Informative

      Personally, Linus's attitude to the GPLv3 has never made a lick of sense to me. He (and the others on the LKML who drew up that position paper) seemed downright Republican in their determinedness to misrepresent the opposing point of view, their reliance on statements which, on examination, seem increasingly bizarre ("... the FSF's attempts at drafting and re-drafting these provisions have shown them to be a nasty minefield which keeps ensnaring innocent and beneficial uses of encryption and DRM technologies ..." [emph. mine]), and their use of loaded language ("pick and choose soup" is a great way of criticizing freedom of choice when no other logical objection can be raised :-).

      That's why I believe that this story, and the post you link to above, represent the first few of what The Meaning of Liff defines as glenties. I'll reproduce the definition below:

      GLENTIES (pl.n.)
      Series of small steps by which someone who has made a serious tactical error in a conversion or argument moves from complete disagreement to wholehearted agreement.

    3. Re:"And Ode to GPLv2" by Anonymous Coward · · Score: 0

      Isn't what you want putting restrictions on what people can do the same thing as DRM restictions and patents restrictions?

      It's kina like me writing out my tax check to the government and saying you can use for education, but not for the military.

    4. Re:"And Ode to GPLv2" by FrostedChaos · · Score: 1

      In my experience, once someone calls someone a "republican," or "liberal," rational debate ends, and "football team" debate begins, where people howl at each other about "us versus them."

      The anti-DRM provisions of the GPLv3 ARE a legal minefield. And Linus is not backing down, either. Those position papers represent a line drawn in the sand. He's deliberately refusing to legitimize the GPLv3 process by participating.

      And even if Linus was willing to bend over backwards for Richard Stallman, he couldn't convert the existing Linux codebase over to GPLv3. He would have to get permission from each and every copyright holder to relicense. Read the discussion on LKML.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    5. Re:"And Ode to GPLv2" by Chops · · Score: 1
      The anti-DRM provisions of the GPLv3 ARE a legal minefield.

      Why are they a minefield, exactly? I've read them, and they make perfect sense to me.

      And even if Linus was willing to bend over backwards for Richard Stallman, he couldn't convert the existing Linux codebase over to GPLv3. He would have to get permission from each and every copyright holder to relicense.

      That's true, although there are incremental measures (like adding the "... or, at your option, any later version" clause into the license for newly written modules). To my mind, the semi-irrevocable v2-ness of the kernel makes it even sillier that Linus and friends are making a series of widely-publicized statements that v3 is bad.
  21. Re:Disclosure by DMiax · · Score: 1

    They actually link to linux.com.

  22. Why Torvalds is Sitting out the GPLv3 Process by OctoberSky · · Score: 1

    Because there were no chairs left.

    Ballmer got there early this year... (too easy?)

  23. Why would he care? by mutube · · Score: 1

    I was under the impression Linux could never be GPLv3d.

    I would say that explains Linus' lack of interest right there.

  24. Two Cases by ObsessiveMathsFreak · · Score: 5, Insightful
    Please explain how a license can "crumble".
    Two situations. First, one can have the ability to see and modify source code, but not run the program. Case in point, hardware that will only run signed binaries. Sure, you can look at the source code for your CCTV system, TiVo, etc, but you will never be able to upgrade your own devices code without the hardware keys from the vendor.

    Second, ability to run the program, but not see the source code. Case in point, Google. It is beyond question that Google are using all kinds of GPL applications, from the kernel to webservers to highly modified filesystem drivers. All of it GPLed and none of the code available for you to see, despite the fact that Google allow you to use all these services online, you'll never see a line of the modified code.

    Both these cases violate not the letter of the GPLv2 licence, but the spirit of it. That spirit being the ability to run the program, modify the source, and run the changed program. This is happening on small scales today. It could soon be happening on a huge scale, and that would undermine the whole FOSS community. GPLv3 will be needed in the future.
    --
    May the Maths Be with you!
    1. Re:Two Cases by Curien · · Score: 1

      Suppose Pixar uses modified software licensed to them under the GPL on their render farms. (I have no idea whether or not they do.) Should they be required to distribute the modified source to anyone who has seen Finding Nemo?

      --
      It's always a long day... 86400 doesn't fit into a short.
    2. Re:Two Cases by ray-auch · · Score: 3, Insightful

      Two situations. First, one can have the ability to see and modify source code, but not run the program. Case in

      Been that way since the 80s. Nothing new. Nothing crumbled as a result.

      Second, ability to run the program, but not see the source code.

      Ditto.

      Back almost two decades ago in college I used plenty of GNU software.

      In some cases, we had access to the source, but on the machines on which that software ran, I had nowhere near enough disk quota to rebuild a modified version, let alone install and run it. In some cases the programs we had access to were modified from the GNU source, and the full modified source was not made available.

      From my experience at that time, this sort of setup was very common in academia, which was typically where you found GNU software then.

      The GPL didn't noticably crumble as a result, and in fact its use has expanded massively since then.

      Why ? Because we still had the freedom to look at the source and learn from it, take the source (get the original unmodified source in case 2), modify it to our hearts content, and run it somewhere else. So we did.

      I was able in '92 to take a whole set of development tools and applications off a big proprietary Unix box and build/port them onto a Linux PC, which I then used as primary PC for almost ten years. That is the freedom GPL gives, No way could I have done that with proprietary apps.

      To follow your logic, any system on which GPL software is installed must grant all users full admin rights to allow them to modify it _in_ _place_ (and therefore you could never use GPL software burned into ROM).

      RMS might think that giving everyone root everywhere is the right thing to do, but outside of MIT, in the real world, it is totally impractical. Lots of people definitely _won't_ use GPLv3 software if that is what it means.

    3. Re:Two Cases by kz45 · · Score: 1

      "Both these cases violate not the letter of the GPLv2 licence, but the spirit of it. That spirit being the ability to run the program, modify the source, and run the changed program. This is happening on small scales today. It could soon be happening on a huge scale, and that would undermine the whole FOSS community. GPLv3 will be needed in the future."

      That may be the case, but both these examples are why large companies like google continue to use open source software. When the GPLV3 is finalized and most people are using it, we will most likely see a sharp decrease in overall usage with businesses.

      If the GNU is a license based on distribution, why should a person running a service (if they are not distributing it to their users) have to release the source? It is a more restrictive license.

      It makes no sense and it tells me that RMS is only going to get crazier over the next couple of years and most likely alienate the Free software community from the rest of society.

      Linus is the voice of reason. He sees where it's all heading and is going in the exact opposite direction. I don't blame him.

    4. Re:Two Cases by Anonymous Coward · · Score: 0

      why not ? i'd like to.

    5. Re:Two Cases by madcow_bg · · Score: 1

      Why? They are using the software, not distributing it.

    6. Re:Two Cases by Anonymous Coward · · Score: 0

      RMS might think that giving everyone root everywhere is the right thing to do, but outside of MIT, in the real world, it is totally impractical.

      No. He thinks that the people who BOUGHT AND LEGALLY OWN THE HARDWARE deserve to be "root".

      Back in the 80's you used GPL software that was installed by the owners of the machine, and sometimes the owners of the machine modified the source without sending those modifications to the FSF. I'm glad you consider those perfectly acceptable situations, because that's exactly what RMS wants you to be able to do to your own hardware.

      If Tivo rented their boxes to you, then I'd have no problem with DRM lockdown, because they would still legally own the hardware just as your university owned the machines they gave you accounts on. But Tivo doesn't own the hardware, you do. And Tivo wants to use software we wrote to prevent you from exercising the full legal rights you already have to you hardware.

    7. Re:Two Cases by Curien · · Score: 1

      Yeah... Just like Google.

      --
      It's always a long day... 86400 doesn't fit into a short.
    8. Re:Two Cases by johnsu01 · · Score: 1

      You raise some interesting points, but I wonder how people who are leery of the GPLv3 DRM provisions would define a difference between the TiVo situation -- which some people think is easy to answer because they see no inherent right to run a modified program on such specialized hardware -- and an analagous situation with a laptop or general-purpose computer, where the computer is configured at the factory to prevent modification of the free software on it.

      In other words, if we allow TiVo to prevent with hardware controls the modification of free software, then how do we _not_ allow Lenovo to do the same thing on Thinkpads? Are we just counting on the market to not support such restricted computers?

    9. Re:Two Cases by Tim+C · · Score: 1

      Not quite; in the case of Pixar, the software is being used by Pixar employees, and all we get to see is the output. The GPL v2 specifically does not cover the output of GPLed code (I forget if it's in the licence itself or the FAQ), so that's fine by the FSF and is as intended.

      In the case of google, however, it is the person performing the search who is actually using (at least some of) the code. Once the content is indexed, nothing happens until I surf to google.co.uk, type in some text and hit submit. At that point, the code is run to retrieve my search results. *I* am directly causing the code to be run, and so am essentially running it myself.

      Now, I'm not entirely convinced that that consitutes distribution, or that it's a bad thing, but I respect other people's choice to create a licence that would require source disclosure in that situation; I just can't imagine using that licence myself. (But then, the BSD licence has always appealed to me more than the GPL)

    10. Re:Two Cases by Matt+Perry · · Score: 1
      That spirit being the ability to run the program, modify the source, and run the changed program.
      Google is running the software, not you. Since they haven't distributed a copy to you then they aren't required to share their modifications. This is how the GPL is intended to work.
      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    11. Re:Two Cases by ray-auch · · Score: 3, Insightful
      No. He thinks that the people who BOUGHT AND LEGALLY OWN THE HARDWARE deserve to be "root".


      Well, why doesn't he _say_ that in the GPLv3 then ?

      The word OWN does not appear in it except referring to "their own keys" and "ther own removal", nor does "owner" or "bought" "sell" or "purchase".

      What it does say is this:

      Some computers are designed to deny users access to install or run modified versions of the software inside them. This is fundamentally incompatible with the purpose of the GPL, which is to protect users' freedom to change the software. Therefore, the GPL ensures that the software it covers will not be restricted in this way.


      It is very clearly about USERS and not OWNERS.

      The rest of the licence backs this up - anyone you "convey" the work to has to have full source including all keys, and "convey" is defined in terms of third parties making or receiving copies of the work, nothing about ownership vs. rental.

      So, either
      1. RMS can't get what he thinks expressed properly in the GPL
      or
      2. he doesn't think what you think he does.

      Given his past writings on the subject of (non owner) users having root access (info su, or google "GNU su support wheel" or similar), (2) is most likely by far.
    12. Re:Two Cases by Freed · · Score: 1

      You present a false choice in #1 or #2. There are many examples in GPLv3 in which the language is deliberately vague so as to give flexibility in handling new situations, e.g., a new type of Tivoization.

      Whatever password policies RMS may have insisted upon in specific situations, such as at the MIT AI Lab, requiring root access to just any user of someone else's system would likely break an existing user agreement. That dog don't hunt and RMS knows it.

    13. Re:Two Cases by UnknownSoldier · · Score: 1

      > Second, ability to run the program, but not see the source code. Case in point, Google. ...
      > All of it GPLed and none of the code available for you to see,
      > despite the fact that Google allow you to use all these services online, you'll never see a line of the modified code.

      > Both these cases violate not the letter of the GPLv2 licence, but the spirit of it.

      That's an really interesting point.

      Technically, google is only allowing people to modify the input. Since they are not distributing the binary, they are not under an obligation to release the source. Is that against the spirit? If we treat software as firmware, then yes. If we treat it as a semi-private tool, then no.

      What does the GPL v3 do to "clean" up the ambiguities?

      Cheers

    14. Re:Two Cases by Pecisk · · Score: 1

      Ohhh budy, wait a minute...

      Google violate GPLv2 spirit HOW? Don't give good, juicy code from their server apps?! Maybe you would want some money from them in your stash too? :)
      What Google gives, is a SERVICE. Web pages are SERVICE, no product. Where is that part in GPL that covers services? Maybe then all docs written in Gedit or Abiword should also bee GPLed?

      About hardware runs only signed binaries - yes, it is definetly issue, but I think it should not be solved in the way like this. Users should be smarter and should not buy hardware with hardwired DRM stuff like this. TiVO siply will continue to run GPLv2 kernel, and lot of other hardware manifacturers will avoid any GPL stuff, which is not neccessary good thing.

      So for a moment, don't think it as black/white issue, because simply it is not, as much as RMS would like you to believe.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    15. Re:Two Cases by Anonymous Coward · · Score: 0

      In other words, if we allow TiVo to prevent with hardware controls the modification of free software, then how do we _not_ allow Lenovo to do the same thing on Thinkpads? Are we just counting on the market to not support such restricted computers?

      The issue is not about wether allow restricted computers or not. This depends on legislation, government, market demand and user knowledge / wisdom.

      The question is wether you want to allow such devices to use your Free Software code, while restricting users the ability to alter the system.

      I must say I am pretty ambigious on this, because the legalese is pretty vague on this point. Do every device with GPL v3 code need to give you root password? Or do every such device need to be general purpose?

      It's very complex and misty legal grounds as far as I can see (which I must admit is not too far..)

  25. it's not like he has a choice by oohshiny · · Score: 3, Interesting

    Linus doesn't have a choice in the matter: since the kernel is under GPLv2 without an "or later" clause, he can't change it. The Linux kernel is stuck with GPLv2. For him to argue one way or the other is pointless and sounds like post-hoc rationalizing.

    Personally, I think the GPLv2 will sooner or later kill the Linux kernel. Some highly successful embedded Linux systems like the WRT54G only became hackable because the manufacturers made a mistake. Evidently, embedded users of Linux just don't get the benefits of openness, and they'll get better and better at circumventing the GPLv2; the GPLv2 will turn more and more into a kind of encumbered BSD license, and you can see how well BSD did with that.

    Of course, I'm not too concerned. I think we really need a successor to the Linux kernel anyway, yet the industry is happy to keep running a 30 year old kernel design. If being increasingly the target of GPL circumvention is what it takes to motivate people to move to a new kernel, that's fine with me, too.

    1. Re:it's not like he has a choice by nekokoneko · · Score: 1

      "Personally, I think the GPLv2 will sooner or later kill the Linux kernel. Some highly successful embedded Linux systems like the WRT54G only became hackable because the manufacturers made a mistake."

      And why does this "kill the Linux kernel"? The Linux kernel will still be free and open source. Though I agree with you in saying that this is bad for the users and bad for the Open Source community (because the manufacturers do not/will not contribute).

    2. Re:it's not like he has a choice by Abcd1234 · · Score: 3, Informative

      you can see how well BSD did with that.

      Yeah, no kidding... I mean, there definitely aren't any successful BSD variants available and widely deployed. And there certainly aren't any other successful non-GPL projects out there. Yup, the GPL is definitely *the* only way to go if you want to make a successful open source project... assuming, that is, you're a single-minded zealot (or troll?).

    3. Re:it's not like he has a choice by Anonymous Coward · · Score: 0
      I think we really need a successor to the Linux kernel anyway...

      Maybe we need the Singularity Kernel
    4. Re:it's not like he has a choice by Trogre · · Score: 1

      Not all code in the kernel forfeits the "or later" clause:

      find /usr/src/linux-source-2.6.15 -iname "*.c" |wc -l
      7807

      grep -ire "any later version" /usr/src/linux-source-2.6.15/ |grep "\.c: " |wc -l
      2551

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    5. Re:it's not like he has a choice by newhoggy · · Score: 1

      He does have a choice. He can insist that all new contributions to the code are dual licensed for the GPLv2 and GPLv3. Since everything in the kernel is still licensed under GPLv2 there is no problem here. Sure some of the provisions of the GPLv3 won't be effective until everything is under GPLv3 and the GPLv2 license is removed but this is a valid long term migration strategy.

    6. Re:it's not like he has a choice by Kjella · · Score: 2, Insightful

      Let's see now, how long was it since Theo was featured on slashdot begging for money to keep OpenBSD running, using OpenSSH as hostage? I don't know about FreeBSD, but I haven't got the impression it's very popular either. Why Apple is successful is for completely other reasons than BSD. They could have licensed the AIX kernel, the Solaris kernel or any other kernel, gotten the very few pieces of drivers they need working and be done. You might as well count the BSD licensed code shipped with Windows them if you want to count that way. Apache is the one I'll give you, impressive marketshare. Mozilla started out with a lot of historical luggage, has a GPL-compatible license and probably shouldn't be GPL anyway because of the plug-ins. And MySQL is far more popular than PostgreSQL. So overall, while it means that license isn't everything and there's the odd exception, it seems to be that most successful open source projects are using the GPL, and where competing the GPL project is usually more popular.

      --
      Live today, because you never know what tomorrow brings
    7. Re:it's not like he has a choice by oohshiny · · Score: 1

      Yeah, no kidding... I mean, there definitely aren't any successful BSD variants available and widely deployed. And there certainly aren't any other successful non-GPL projects out there.

      What's your point? Microsoft Windows is highly successful, too. That doesn't make it a successful open source project. The Darwin kernel may incorporate lots of BSD code and it may be open source, but being widely used and being open source are not sufficient for something to be a successful open source project: successful open source projects are successful at being developed by open source developers. Darwin is largely being hacked by Apple and then dumped on the world.

      Yup, the GPL is definitely *the* only way to go if you want to make a successful open source project... assuming, that is, you're a single-minded zealot (or troll?).

      I'm saying that the BSD kernels are less successful as open source projects as Linux. If you disagree with such an obvious observation, then you are the zealot or troll.

    8. Re:it's not like he has a choice by FishWithAHammer · · Score: 1

      News flash. AIX and Solaris are BSD descendants/offshoots/whatever.

      AIX, at least, also has the charming ability to suck like God's own vacuum.

      As for Theo and OpenBSD--well, let's look at it this way...you need money to run a bloody development team. And a lot of people use OpenSSH without giving anything back. That's their right, but who the hell are you to jump on de Raadt for it? Does he not deserve to make a living from what he does?

      And FYI...FreeBSD is a lot more prevalent than you seem to think.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    9. Re:it's not like he has a choice by Walter+Carver · · Score: 1

      He didn't mean that building uppon a project licensed under the BSD license will not be successful.

      But, what did FreeBSD/OpenBSD/NetBSD took back from Apple? Nothing. What did we took back from Apple? Nothing. That's what he meant.

  26. I'm glad he's sitting this one out by Y-Crate · · Score: 2, Insightful

    I recognize the importance of software licenses, especially the GPL, but I've come to the inescapable conclusion that many of the major players in OSS have an insatiable need to spend enormous amounts of time bickering about licensing minutiae.

    Every week brings a new drama-bomb in the endless pissing contests and personal rivalries/vendettas. If half the energy expended to one up, or argue with another developer was put into the development process, an untold number of projects might be a bit further along. One thing you can say about closed-source software is that the financial pressures end up stifling a great deal of the petty childishness that seems to pervade the OSS community, and taints its image in the process.

    Don't get me wrong, you still get this sort of crap on the closed-source side of things - "I don't want to use your standard...I want to reinvent the wheel for this app..." etc, but it's not at the forefront. Human nature dictates that you will find these problems everywhere, but in the corporate, closed-source enviroment, it comes down to one conclusion - eventually the project needs to get done.

    If OSS wants to gain more acceptance, it needs to put this sort of thing aside and get back to the core issue - it's the code, dammit. None of the present issues with the community are insurmountable, but direct action needs to be taken, these problems are not going to going away on their own. Rampant egoism, Not Invented Here Syndrome, coder-centric, not user-centric development methodologies...these all slow the pace of progress and paint open source in a very bad light.

    OSS has a large community of smart people, and I just think it can do a whole lot better.

    1. Re:I'm glad he's sitting this one out by Anonymous Coward · · Score: 0

      Maybe my job is just the exception, but we end up arguing over this kind of sensless crap all the time. The fact that we are wasting both time and money just makes it worse. And of course, we are always shipping late. The M&Ms of management and marketing just smooth it over to make it seem like a "strategic descision".

    2. Re:I'm glad he's sitting this one out by ratboy666 · · Score: 1

      Let's focus on those "licenses".

      I really REALLY want all users of "non-OSS" licenses to respect, 100%, their license. I really REALLY want full penalties for all license violations, or the simple inability to run "unlicensed" software. I am all for "software registration and enabling".

      Really.

      Because "non-OSS license" users will then actually care about the licenses they have. The ONLY reason that isn't the case is that illegal copying is (generally) encouraged.

      Financial pressure? I don't think that's the reason. More like "The first rule of the EULA is that we don't discuss the EULA". [and don't discount that -- EULAs have had such clauses, along with "no benchmark results" clause, "no transfer" clause, etc.]

      YMMV
      Ratboy

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    3. Re:I'm glad he's sitting this one out by An+Onerous+Coward · · Score: 1

      No, it's not just 'the code.' It's the whole bloody software ecosystem, and the licenses are what keeps it alive and vibrant. If everyone just took the nearsighted advice of ignoring infringements and not worrying about the details of the GPL, eventually somebody *would* find a way to get the masses using their own, incompatible, proprietary version. Then, the developers find themselves in the position of paying out the nose in order to buy their own software, while the sellers are profiting by killing off a good chunk of the OSS ecosystem.

      Saying that developers should get back to coding and not worry about 'license minutiae' or the political implications of their work is like complaining that all the resources your body wastes on its immune system could have been better spent growing you a second penis. As much fun as it might be to have, you need to be not dead before it serves any use.

      Complaints about egotism and developer-centric attitudes are completely orthogonal to this, and you only confuse things by conflating this issue with all those others.

      --

      You want the truthiness? You can't handle the truthiness!

  27. their differences are simple by CoughDropAddict · · Score: 4, Insightful

    I think Linus's difference with the FSF is quite simple.

    The FSF is concerned with users. The whole thing started when Richard Stallman couldn't fix the printer driver that he was a user of. The FSF's goal is to ensure that everyone who uses software, ever, has the technical and legal right to modify the software they are using.

    Linus seems more concerned with developers. If someone comes along and contributes some sweet code to the Linux kernel, he thinks it's only fair that any developer gets the opportunity to use that code too, in their own project. But he's not concerned that an end user can't install a modified version of Linux on their Tivo.

    1. Re:their differences are simple by DarkHelmet · · Score: 1
      Linus: Developers! Developers! Developers! Developers!

      Somehow, I get the feeling it wasn't Linus who originally said that.

      --
      /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
    2. Re:their differences are simple by emurphy42 · · Score: 1

      Which begs the question "where do you draw the line between users and developers?". For instance, at work I'm clearly a developer, at home I have a typical RH9 box with typical development tools but I mostly use it in an end-user role.

      Did you mean that the FSF is concerned with end use and Linus is concerned with development?

    3. Re:their differences are simple by CoughDropAddict · · Score: 2, Insightful

      You're a user when you're using software that someone else compiled/packaged/distributed to you. You're a developer when you are compiling/packaging software yourself, whether you are the intended user or not.

      When you are a developer, you get to decide how the software works. You can decide that, for example, DVDs can have previews that the software refuses to skip over.

      When you are a user, you're stuck with the decisions the developer made, unless you have both the technical and legal capability to change the software that someone else packaged for you.

      Without a permissive license, it's a grey area whether you have the legal capability to make changes of this sort. On one hand, Copyright only is supposed to cover copying. On the other hand, there are EULAs and interpretations of Copyright that say "loading from disk into memory is copying."

      Increasingly, however, there are technical barriers that software manufacturers erect. With special-purpose hardware like a DVD player, there's just no practical way to modify the software that contains annoying restrictions. But even when there's commodity hardware involved like on a Tivo, there can often be measures in place like signing the "blessed" software and refusing to run anything else.

      Linus is OK with this: his opinion is that he has no right to force companies like Tivo to allow users to swap in modified versions of Linux. His concern is that the Linux development community cannot be splintered by companies who build proprietary enhancements to Linux. That's why GPL is important to him -- not because he thinks end users should always be able to swap in modified versions of commercial software.

      Richard Stallman is not OK with this. That damn printer driver didn't work right. He would not be consoled if you told him that he can get the printer driver's source code and modify it, but the printer itself refuses to run the modified software. He wants to prevent any situation that gives developers more power than end users.

    4. Re:their differences are simple by Blakey+Rat · · Score: 1

      No, the FSF is concerned with being anti-corporate activists who don't give a flying crap about users, but take on that pretense to justify their crusade against choice in the software marketplace.

      I'm a user, I should be able to put DRM on whatever the hell I want.

    5. Re:their differences are simple by cananian · · Score: 3, Informative
      Linus himself rebutted your contention in his GrokLaw post:

      This is not about "programmers vs users". That's a totally false dichotomy, exactly the same way it's a totally false dichotomy to make it about "DRM vs the good guys". That's not how "freedom" works (and, that's not how DRM works either. It can be used for good, it can be used for evil. It's just technology).

      The thing is, "freedom" is not a thing that you can say "freedom for some people, not for others". You have to respect the people who do the work, and you absolutely have to respect their freedoms too. And you cannot and must not try to make it about some group vs another.

      You're way too eager to throw away the rights of people who actually work on things. You're way too eager to say that people who worked on something for decades should just do what you want. Here's a hint: that's not freedom.

      So whenever you say "freedom for group X", you're using a totally invalid argument. That's like saying that slavery was "freedom for the white people", and that I'm against freedoms, because I think your arguments are bad. Don't you see that? You can't willy-nilly try to limit the freedoms for one group versus another. That's not "freedom", that's just using a word that sounds good to make your argument for you.

      So don't talk to me about "programmers vs users". That's a deeply flawed argument, and that's not how freedoms work. It's especially not how freedoms work with the GPL, since the two aren't even distinct groups. I'm a user too, and part of the whole point is that users now have the option of becoming doers.

      Finally, there's a distinct logical fallacy in the argument that "users" should be protected. It's the fallacy of thinking that people who consume are equal to people who produce. And that's not true. People who produce are the one who get to decide how things are done, because they are the ones doing it. It's that simple.

      This is your board, so you get to set the rules, right? If people complain that you're doing something wrong, you can tell them to make their own board, right?

      That's right. That's how the world works. And it is how the world should work, because that's what motivates people to get off their lazy behinds and do something.

      In other words, if you're just a user, and you don't like how you're treated, you have the choice of becoming something more. If you don't like Tivo, you can buy a regular PC, and put MythTV on it. You'll even get to use the Tivo code, thanks to the GPLv2 (not that you'd want to).

      --
      [ /. is too noisy already -- who needs a .sig? ]
    6. Re:their differences are simple by CoughDropAddict · · Score: 1
      Thanks for posting that, but it doesn't sound like much of a rebuttal to me. In fact, it directly substantiates what I was saying:

      Finally, there's a distinct logical fallacy in the argument that "users" should be protected. It's the fallacy of thinking that people who consume are equal to people who produce. And that's not true. People who produce are the one who get to decide how things are done, because they are the ones doing it. It's that simple.

      That's pretty clear to me. In the question of who should have more power, Linus comes out on the side of developers (the "producers").

      Sure, one person can be a user at one moment and a developer the next. This isn't about class warfare (maybe that's what Linus is trying to rebut). It's about who has the power when one guy is wearing the developer hat and another guy is wearing the user hat.
    7. Re:their differences are simple by evil_Tak · · Score: 1

      How is a developer going to improve the Tivo-related Linux code without a Tivo on which to test? Tivoization affects users, developers and developer/users.

    8. Re:their differences are simple by cananian · · Score: 1

      Hmm, I think Linus was arguing that the whole 'dicotomy' was miscast. The GPLv2 guarantees that any user can become a developer. There's no barrier or difference there, nothing that a developer can do that a user can't do. That doesn't magically mean that your application compiled for an Intel x86 chip will magically run on your old Commodore 64 without modification. But it guarantees you all the pieces you'd need to recompile it and kludge it into shape (or hire someone to do the same), if that's what you wanted to do.

      Similarly, it doesn't guarantee that the TiVo box will run anything but TiVo-supplied source code. But it does guarantee the availability of the source code, so that you can recompile & kludge it into shape to run on your own (non-TiVo) hardware if you like. You can even sell the "unTiVo", running the same software on your free hardware. What freedoms exactly are you missing?

      Linus' contention is that trying to force TiVo to allow you to run arbitrary stuff on their hardware isn't a software issue, and isn't something that a software license has any business meddling in, anymore than a software license should try to enforce that all your code be runnable on a Commodore 64, or that all your slashdot posts be modded up to +5. The operation of the slashdot mod system, like the TiVo software authentication, should be "free": the owners/operators of the system should be able to implement whatever they like. There are already non-software mechanisms for regulation here: in these two cases, primarily the marketplace. If you don't like the TiVo hardware restrictions, use a open hardware platform instead. If you don't like Slashdot's moderation, use alterslash or surf some other site. Licenses don't need to be involved, and so (via a principle of simplicity) shouldn't be involved.

      --
      [ /. is too noisy already -- who needs a .sig? ]
    9. Re:their differences are simple by CoughDropAddict · · Score: 2, Insightful

      There are two problems with that line of analysis.

      One is that the cost of manufacturing a custom piece of hardware is very high -- completely out of the bounds of hobbyists. That means that individuals are essentially dependent on corporations to manufacture the kind of specialized hardware they want. This is true of many physical products: cars, light bulbs, paper. What makes computer hardware different is that hardware manufacturers can use software to make the product specifically disobey its owner. I can own a physical object, desire that that physical object do something of which it is completely capable, and have the product disobey me based on the manufacturer's wish.

      If a pre-90s car tried to pull that kind of crap, you or a mechanic could open the hood and teach it a lesson. But hardware can be made more or less tamper-proof.

      You could argue that the market would sort a thing like this out, if it was really important. The flaw again is that custom hardware is so expensive to manufacture, so the hardware will always serve its producer, and not its end user. The market will drive producers to control users in whatever way is lucrative.

      The second flaw is that content is not a commodity. Tivo may be able to play locked content that my own software is unable to decrypt. Again you might argue that the market sorts things like that out, but there is no competition involved here. It's not like someone can compete against Bloomsbury to sell Harry Potter books without DRM. The publisher is an absolute dictator about what DRM schemes Harry Potter books can be published under. So I might buy a stupid DRM-encumbered movie I really really like, even though I abhor the DRM, simply because it's a one-of-a-kind movie.

      So the balance of power in this situation is really out of whack: companies are the only entities that can produce the hardware, but it is in their interest to program their hardware to control users as much as possible, and users don't have options because the content is exclusive to these user-controlling devices.

      Since this is really a power struggle, the FSF is fighting back in the only way they can. They're not trying to change laws or anything, they're just saying that the price of using their software is giving up control of your users. You can't use your software to keep users from doing things they want to do with hardware they own.

      (notice I didn't use the word "freedom" in this post, nor did I in any previous posts. This is about power and control).

    10. Re:their differences are simple by Kjella · · Score: 1

      "The thing is, "freedom" is not a thing that you can say "freedom for some people, not for others" (...) So whenever you say "freedom for group X", you're using a totally invalid argument. (...) You can't willy-nilly try to limit the freedoms for one group versus another. That's not "freedom", that's just using a word that sounds good to make your argument for you. (...) So don't talk to me about "programmers vs users". That's a deeply flawed argument, and that's not how freedoms work."

      I this one borders on a Chewbacca defense. No, that's exactly what freedoms are:
      - freedom to treat slaves like property versus the slaves' freedom to live free
      - freedom of speech versus the freedom to censor speech
      - freedom to walk around nude in public (hey, legal some places) versus the freedom to walk around in public without seeing anyone nude
      - freedom of users to change software versus the freedom of developers to lock it down

      Freedoms for some means restrictions for others. The only way you can "not try to make it about some group vs another", is to not demand any freedoms at all. Freedom, by its very definition is something that others aren't allowed to restrict. Freedoms for users means something the developers can't restrict.

      People who produce are the one who get to decide how things are done, because they are the ones doing it. It's that simple.

      Yes, if you own 100% of the code, go for it. If you want to use GPLv2, go for it. That's not what the GPL is about, otherwise you'd only need an EULA (or not). The GPL is about what those who produce want others to be able to produce through modification and distribution of those derivates. Changing to the GPLv3 won't be users demanding rights from developers - it'll be developers saying "if you want to use my code, you have to grant the users these freedoms." They set the rules, right?

      In other words, if you're just a user, and you don't like how you're treated, you have the choice of becoming something more. If you don't like Tivo, you can buy a regular PC, and put MythTV on it. You'll even get to use the Tivo code, thanks to the GPLv2 (not that you'd want to).

      Very convienient example. So when my GPL'd router refuses, I should go into the router business? When my cell phone refuses, I should start competing with Nokia and Sony Ericsson? Not that I could to either without probably steppping on a ton of patents. It gets even better when they start using Cablecard, AACS, Managed Copy, HDCP, broadcast flag and so on. He's picking one of the very few places where a "device" can be replaced with a generic PC, and essentially do the same job.

      --
      Live today, because you never know what tomorrow brings
    11. Re:their differences are simple by Pofy · · Score: 1

      >On the other hand, there are EULAs and interpretations
      >of Copyright that say "loading from disk into memory is copying."

      And typically the same copyright laws that claims so also calims that such copying is not infringement to start with for a lawfull user.

    12. Re:their differences are simple by cananian · · Score: 1

      And I think you're completely missing the point: there's a difference between hardware and software. It's a bad idea to try to regulate hardware with a software license. Just because I write a program for a Cray-XMP supercomputer doesn't mean that I can't make it "free" or GPL it. So, the hardware is expensive? Then tweak the code to run on something less expensive (like a general purpose computing device).

      --
      [ /. is too noisy already -- who needs a .sig? ]
    13. Re:their differences are simple by cananian · · Score: 1

      You're mixing patents into the discussion. That's a separate thing entirely. Are you claiming that, in order to be distributed under the GPLv3, the *hardware* that runs your software not only allow arbitrary modification, but have a low-cost and user-friendly download mechanism? You may like that, but not even the GPLv3 requires this. Torvalds point is good: you may *like* to buy hardware that allows easy modification, but enforcing this is not the job of a *software* license. (At any rate, 'Make' magazine will do more towards this end than the GPLv3 will.)

      --
      [ /. is too noisy already -- who needs a .sig? ]
  28. Re:WTF AMD ad?!? by Anonymous Coward · · Score: 0

    Its not like Slashdot is strapped for cash. The editors are rolling in it.

  29. Malignorance by 0xABADC0DA · · Score: 4, Insightful

    Linus has such a dislike for the FSF that he rants on these things that he doesn't even know about and what's worse, uses his position to spread his ignorance like a cancer, a malignant ignorance. Consider that he did not even know the 'meetings' took place over email and IRC. Or his repeated claims of having to give up his private key, which is shown wrong over and over by legal experts. Or saying committees don't take responsibility for decisions and then complaining that they didn't just blindly agree to whatever his kernel developers wanted.

    What's interesting to me is when Torvolds says the GPL2 is where companies and open source people can meet in perfect harmony, as if companies like the GPL2. No company likes the prospect of having to open up their product because some 'tard put in GPL code without their knowledge. They put up with it because they have to, because it's a reality they can't escape. I know I have had many heated arguments about making code GPL when others on a project wanted BSD to be more 'corporate friendly'. Perfect harmony? Wtf world is he living in? Use GPLv3 and they will come and work with that too (even though they don't want to) and for the same reasons.

    I think the real question is, as an open-source developer, why wouldn't you choose GPLv3 over v2? Because you want some company to use your program and then sue you because you made use of their patents? Or you want your software to make DRM devices cheaper to create? Or you want your license to be worded in a way that is ambiguous in some regions? I wonder why Linus wants linux to be licensed without patent protections, with ambiguous language, and in a way that supports DRM?

    1. Re:Malignorance by FrostedChaos · · Score: 1

      I think the real question is, as an open-source developer, why wouldn't you choose GPLv3 over v2? Because you want some company to use your program and then sue you because you made use of their patents?
      If your program existed before their patents, then the patents are invalid. That's what "prior art" means. If not, then it doesn't matter what license you use, they can still sue you. Sucks, doesn't it?

      Or you want your software to make DRM devices cheaper to create?
      The license doesn't prevent you from creating linux-powered baby-mulchers. Or linux-powered atom bombs. Quick, someone hurry up and use software licenses to enforce our morality!

      Or you want your license to be worded in a way that is ambiguous in some regions?
      The GPLv3 is far, far more ambiguous.

      I wonder why Linus wants linux to be licensed without patent protections, with ambiguous language, and in a way that supports DRM?
      I wonder why you can't think for youself on this issue.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    2. Re:Malignorance by Wesley+Felter · · Score: 1

      No company likes the prospect of having to open up their product because some 'tard put in GPL code without their knowledge.

      This myth has been debunked over and over by legal experts. If you accidentally include GPL code, then you can fix it by taking out the code; you don't have to GPL your whole program. Who's spreading ignorance now?

    3. Re:Malignorance by 0xABADC0DA · · Score: 1
      If your program existed before their patents, then the patents are invalid. That's what "prior art" means. If not, then it doesn't matter what license you use, they can still sue you. Sucks, doesn't it?

      Apparently you have not heard of "first to file", which will almost certainly be the case in the USA if the democrats do not retake either the House or Senate. And haven't read the GPLv3, from the 2nd draft:

      However, this permission terminates, as to all such versions, if you bring suit against anyone for patent infringement of any of your essential patent claims in any such version, for making, using, selling or otherwise conveying a work based on the Program in compliance with this License.

      If they sue, they can't use your software. If you software includes glibc, it's possible that effectively they couldn't use any GPLv3 covered software at all. That's a huge difference in patents from v2.

      The license doesn't prevent you from creating linux-powered baby-mulchers. Or linux-powered atom bombs. Quick, someone hurry up and use software licenses to enforce our morality!

      Version 3 would however prevent you from creating these things that run free software and preventing you from running your own code on them.

      The GPLv3 is far, far more ambiguous.

      For instance, when does the license expire? GPLv2: unspecified, GPLv3: when the copyright term ends. This is an issue in some regions.

      I wonder why you can't think for youself on this issue.

      It doesn't even require thought... GPLv3 > GPLv2 is a 'no-brainer'.
    4. Re:Malignorance by 0xABADC0DA · · Score: 1

      Prospect: a potential or likely candidate.

      Potentially you can say 'oops sorry' unless of course there is a smoking gun or it meets some legal 'should have known better' test. IANAL.

      But if your hardware device contains GPL code, oh I don't know say maybe it is a router, do you open the rest of your code? or pay for a recall of millions of devices and refunds/returns and piss off customers with the hassle and have to rewrite and retest the code? Having to open up the whole product is absolutely a potential outcome.

    5. Re:Malignorance by cananian · · Score: 1
      Linus has such a dislike for the FSF that he rants on these things that he doesn't even know about and what's worse, uses his position to spread his ignorance like a cancer, a malignant ignorance.

      I think you're attributing too much to malice. The "Linus vs FSF" debate has become "news" and so now every two-bit journalist wants to write a story on it. They corner Linus, prod him into a rant, and then record every last thing he says as "the considered opinions of Linus Torvalds". If you want to flame Linus for not "researching his position" why not also flame the journalist for not fact-checking?

      The truth is that 90% of these "stories" are just transcriptions of bar chatter, done by hack journos who are trying to fan flames. The truth is more moderate and more rational. I'm certain that if Linus had to testify in a court of law, he'd construct a reasoned argument and only use examples to support it which he could reliably prove. You can flame Linus for being approachable and for speaking his mind, but (a) he's always been like that, (b) rms is the same way, and (c) IMO he/they should be able to be/do so.

      --
      [ /. is too noisy already -- who needs a .sig? ]
    6. Re:Malignorance by ray-auch · · Score: 1

      I think the real question is, as an open-source developer, why wouldn't you choose GPLv3 over v2? Because you want some company to use your program and then sue you because you made use of their patents?


      GPLv3 will not stop that, all it does is revoke their licence if they do. Of course, you'll have to sue them to enforce that. If you've any cash left after fighting the patent case (maybe they'll take some IP in settlement, now lets see, what IP have you got?).


      Or you want your software to make DRM devices cheaper to create?


      DRM is a technology, so I don't care. I might care about how people _use_ that technology, but that is outside the scope of the licence. Technologies aren't good or evil - people use them for good or evil, and trying to ban a technology because some use it for evil is silly.

      s/DRM devices/nuclear bombs/

      Do we want to make nukes easier to create ? Hell no - quick let's add a "no using this software to make nukes" clause.

      Then, in 30yrs time, when Bruce Willis fails to nuke the asteroid because of inferior proprietary software, we can all congratulate ourselves on how much "evil technology" we made harder to create.

    7. Re:Malignorance by kl76 · · Score: 1

      If you accidentally include GPL code, then you can fix it by taking out the code; you don't have to GPL your whole program.

      And then what do you do with the vast yawning hole where the GPL code used to be? :-)
    8. Re:Malignorance by Wesley+Felter · · Score: 1

      You write your own code; that's what proprietary software developers are supposed to do.

    9. Re:Malignorance by kl76 · · Score: 1

      Yes, but if they had the time and money to do it themselves, why did they use someone else's GPL'd code in the first place?

  30. Stallman vs. Torvalds by pfz · · Score: 1

    Stallman says Torvalds has a philosophy that "doesn't rock the boat." Doesn't Torvalds owe something to Stallman? Is Linus not representin'? Did Linus forget where he came from? Learn the answers to these questions and more in the new documentary ALTERNATIVE FREEDOM.

    http://alternativefreedom.org/

    Documentary features Stallman, Lessig, DangerMouse of Gnarls Barkley and producer of the Grey Album... and more interviews...

    1. Re:Stallman vs. Torvalds by FrostedChaos · · Score: 1

      Doesn't Torvalds owe something to Stallman?
      He owes the GPLv2 to Stallman.

      Did Linus forget where he came from?
      Um, Finland? What does that have to do with anything?
      If you're implying the Stallman came up with the original idea for Linux, or anything like that, you couldn't be more wrong.
      In fact, Linux was a competitor to the stillborn GNU operating system, which was HURD.

      Linus was driven to create Linux partly by his frustrations with Professor Andy Tannenbaum's Minix, and partly by his own desire to create. At no time were RMS, ESR, or goats involved.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
  31. So what does Linus really want? by SanityInAnarchy · · Score: 3, Interesting

    I keep going over and over this, and I still can't figure out why Linus would want Linux to be able to be Tivo-ized, but not want it BSD-licensed. Can you explain to me what it is about these specific loopholes that makes them so much more desirable than people taking your code wholesale and making it into a proprietary program?

    --
    Don't thank God, thank a doctor!
  32. Even simpler by SanityInAnarchy · · Score: 3, Insightful

    As an engineer at heart, he understands computers and software systems very well, but likely avoids and despises legal systems.

    Or, put simpler: I think he simply doesn't understand it. And yes, I know that sounds arrogant, but if you remember his posts on Groklaw, he demonstrated again and again that he thought the GPLv3 demanded things that it didn't, and that he had completely missed the point of what it's actually trying to do. For instance, he actually brought out that old FUD about how disabling DRM will prevent certain security measures, which it doesn't.

    I don't think Linus and PJ actually disagree, but I do think PJ actually knows her stuff, and Linus should stick to the actual coding, organizing, and benevolent dictating of the kernel itself.

    That, or sometime fairly soon, we're going to actually squeeze a statement from Linus that, given the choice, he'd go with BSD or public domain. They seem more in line with his ideals.

    --
    Don't thank God, thank a doctor!
    1. Re:Even simpler by FrostedChaos · · Score: 1

      The problem with the GPLv3 is that it makes a lot of demands on how end-users should be able to use the software.

      For one thing, it demands that the end-users be able to modify the software. A lot of hardware manufacturers don't even have programmable firmware. Are they going to go out of their way, and increase the cost of the product, to give this capability? And what about the liability concerns that this opens up. If they provide a formally supported mechanism to change the software on the device-- which they must, according to the ideals expressed in the GPLv3-- they may be liable for when someone changes this software.

      All of these issues are very vague. Is the company acting in bad faith if it ships its embedded Linux with just exactly enough hard disk space to run the software it ships with, but no more? Is the company acting in bad faith if the product needs to interact with another, closed source product in order to usefully function? What if the closed source product isn't even under their control, or contains DRM? What if the product can operating in a degraded mode without DRM, but needs DRM to get full performance?

      The whole area is a legal minefield, as Linus and other kernel developers have pointed out time and time again. A lot of these legal issues are more complex than you think. In some cases, new law is being made even as we speak. It's very foolish to claim that any issue related to the GPLv3 is settled until a judge has made a ruling. And even then, that ruling only applies in the relevant country.

      On the whole, the whole GPLv3 effort is just a very complicated political game trying to achieve something that can't be achieved by a software license-- the rollback of DRM and the service-based internet economy. It will fragment the open source community and scare away business investment.
      Linus understands this and is coming out against it. Good for him.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    2. Re:Even simpler by SanityInAnarchy · · Score: 1

      Are they going to go out of their way, and increase the cost of the product, to give this capability?

      Well, they have another choice: They could just use code that isn't GPL'd. There's always BSD.

      But one possible outcome of this might be cheaper and better ways of adding such capability, to where it doesn't matter anymore.

      If they provide a formally supported mechanism to change the software on the device-- which they must, according to the ideals expressed in the GPLv3-- they may be liable for when someone changes this software.

      Oh, please. And Dell is liable for giving users a writable hard drive? And Microsoft is liable for allowing users to compile and run .EXE files?

      Is the company acting in bad faith if it ships its embedded Linux with just exactly enough hard disk space to run the software it ships with, but no more?

      Depends on the situation. It could be considered bad design -- they won't be able to provide any firmware updates of their own.

      Is the company acting in bad faith if the product needs to interact with another, closed source product in order to usefully function?

      In cases where this actually matters, usually no. For instance, I play open source games (Quake 3), running on an open source OS (Linux), that are really only playable on my hardware with the use of closed source software (binary nVidia drivers). This isn't great, but it's acceptable -- I can change just about any part of the kernel without breaking the nVidia drivers, and I can theoretically replace the nVidia drivers with an open source equivalent, if one is ever available.

      It's an interesting point, but consider: GPL doesn't mean "free". A GPL'd product requiring Windows to run is one thing, but GPL'd programs are allowed to be sold, and if you create and sell GPL'd software, you're not required to provide the source code for free, except to people who already bought the binary.

      All GPL means is that you have the right to tinker with your GPL'd software in any way you want, and redistribute anything you come up with.

      What if the closed source product isn't even under their control, or contains DRM?

      You're missing the point here, in much the same way Linus does, over and over. I don't think GPLv3 is intended to kill DRM entirely -- you can certainly have a bit of proprietary software which uses DRM, and it can talk to GPL'd software. The point is, you're not allowed to use DRM to force only one specific version of the GPL'd software to run.

      So, for instance, it's perfectly alright to release a program that runs under Linux and uses DRM. It may even be alright to provide a binary module, much the same as nVidia does, required to run this program. What wouldn't be fair is if you based this program on the mplayer source, and implemented a DRM scheme such that only one version of mplayer can play the DRM'd content (verified by trusted computing). In the first example, I can still tweak Linux all I want, and the DRM software will still work. In the second example, if I make the smallest patch to mplayer -- or likely, even my kernel -- I won't be able to play DRM'd content anymore.

      This doesn't prevent me from implementing trusted computing for security -- so long as I give users some keys that will allow them to tweak and sign the software themselves. Note that this doesn't imply giving users MY keys -- it doesn't mean that I can't send them signed binaries, and warn them if the signature doesn't match (or isn't from me), so long as they have the option to ignore the signature and use one of their own.

      On the whole, the whole GPLv3 effort is just a very complicated political game trying to achieve something that can't be achieved by a software license-- the rollback of DRM and the service-based internet economy.

      Linus said, "Rea

      --
      Don't thank God, thank a doctor!
    3. Re:Even simpler by FrostedChaos · · Score: 1

      > > Are they going to go out of their way, and increase the cost of the
      > > product, to give this capability?
      > Well, they have another choice: They could just use code that isn't GPL'd. There's always BSD.

      So Linus should just let embedded Linux die because of your zealotry?
      Unfuckingbelievable.

      And you didn't answer the question.

      > > Is the company acting in bad faith if it ships its embedded Linux with
      > > just exactly enough hard disk space to run the software it ships with, but no more?
      > Depends on the situation. It could be considered bad design -- they won't be
      > able to provide any firmware updates of their own.

      Again, you didn't answer the question. And that's exactly the point. Nobody can answer these questions, because the GPLv3 is a confusing, overly broad mass of crap, that rivals the worst proprietary software licenses.

      > Linus said, "Really, I'm not out to destroy Microsoft. That will just
      > be a completely unintentional side effect."
      > I think that applies here. GPLv3 is not out to destroy DRM, but that may
      > be a side effect, if such DRM depends heavily on open source software.

      Except that RMS really is out to destroy DRM.
      For the record, I agree that DRM is bad. I just don't think a software license can stop it.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    4. Re:Even simpler by SanityInAnarchy · · Score: 1
      So Linus should just let embedded Linux die because of your zealotry?

      I didn't say that. And Linus doesn't have a choice here. The kernel will likely always be GPLv2, and if glibc and others switch to GPLv3, Linus won't be able to do a thing about it.

      And you didn't answer the question.

      It was a rhetorical question.

      So was your question about killing embedded Linux, by the way. You can still have embedded, GPLv3 stuff, if you can find a way to make it programmable. I imagine someone will find a way of doing that and staying competitive.

      Again, you didn't answer the question.

      Sorry, "depends on the situation" isn't enough of an answer?

      Nobody can answer these questions, because the GPLv3 is a confusing, overly broad mass of crap, that rivals the worst proprietary software licenses.

      And if we get it right, it does have one advantage. Most proprietary licenses don't have a name -- you have to read the whole fucking license to know what it means. So, the only good proprietary license is an insanely short one.

      GPLv3, no matter how bad it gets, is just one license, and you'll immediately know what it means whenever you see anything licensed "GPLv3", just like we do now with GPLv2. Even 10 licenses is better than an indefinite amount.

      Except that RMS really is out to destroy DRM.

      RMS is always the extreme. The GPLv3 is being drafted by more people than RMS.

      And you accuse me of zealotry?

      --
      Don't thank God, thank a doctor!
    5. Re:Even simpler by FrostedChaos · · Score: 1

      > And Linus doesn't have a choice here. The kernel will likely always
      > be GPLv2,
      True.

      > and if glibc and others switch to GPLv3, Linus won't be able to do a thing about it.
      Not true. There are already alternatives to glibc, like diet libc.

      When BitKeeper tried to pull similar shenanigans, Linus dropped BitKeeper like a stone, and wrote his own source code management system, called "git." The same thing will happen to the GNU/zealotware, if necessary.

      > > And you didn't answer the question.
      > It was a rhetorical question.
      No, it was a real and concrete question.
      Is a company acting in bad faith if it ships its embedded GPLv3 product with just exactly enough hard disk space to run the software it ships with, but no more? Or if the software is burned into EEPROM and unupgradable?

      It's a question that you can't answer. Neither can Linus. And that's why we're worried.

      > RMS is always the extreme. The GPLv3 is being drafted by more people than RMS.
      RMS is setting the direction, and making the final calls.
      Everyone else is just there to help point out self-contradictions and potential loopholes.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    6. Re:Even simpler by Monster+Munch · · Score: 1

      All GPL means is that you have the right to tinker with your GPL'd software in any way you want, and redistribute anything you come up with.

      Thats exactly it. You have the ability to modify the software in any way you want. As long as you make an offer to distribute the source when you distribute the binaries.

      ... What if the closed source product isn't even under their control, or contains DRM?

      You're missing the point here, in much the same way Linus does, over and over. I don't think GPLv3 is intended to kill DRM entirely -- you can
      certainly have a bit of proprietary software which uses DRM, and it can talk to GPL'd software. The point is, you're not allowed to use DRM to
      force only one specific version of the GPL'd software to run.

      Linus is not missing the point, I think you do not understand his point of view,

      You said it above, you can do anything you want with the source, but Linus goes further and says "not the hardware". As long as changes to the source are redistributed, Linus does not care if the binary will not run on *that* particular piece of hardware anymore, if thats a problem then don't buy the product.

      The GPL-3 would make it all but impossible to implement effective DRM on hardware using GPL'd code.

      Adding requirements to distribute keys would kill any future for Linux in parts of the embedded space.

      Its all about the source. Not keys, not DRM and not limitations on use, hence no GPL-3 for the kernel.

    7. Re:Even simpler by SanityInAnarchy · · Score: 1
      You said it above, you can do anything you want with the source, but Linus goes further and says "not the hardware". As long as changes to the source are redistributed, Linus does not care if the binary will not run on *that* particular piece of hardware anymore, if thats a problem then don't buy the product.

      Which is all very well and good. Vote with my dollars, don't support what I don't want. Well, I don't want them running my code, either.

      And you know as well as I do that changes to the source are worthless unless you can run the binary to test them. It may or may not be practical to try to port such changes to other platforms, but why not use other platforms in the first place?

      I find it very hard to imagine where having source code that you can't run is helpful at all.

      The GPL-3 would make it all but impossible to implement effective DRM on hardware using GPL'd code.

      So what? The GPL-2 makes it all but impossible to implement effective anti-cheat measures in FPS games. There is other software to choose from.

      Adding requirements to distribute keys would kill any future for Linux in parts of the embedded space.

      And also kill any future for parts of the embedded space using Linux.

      Linus said it himself. He doesn't care about Linux's market share, he doesn't care if it displaces things.

      Its all about the source. Not keys, not DRM and not limitations on use, hence no GPL-3 for the kernel.

      Actually, that's academic and irrelevant. There will be no GPL-3 for the kernel because it's impractical to change it. There will likely be GPL-3 for other tools -- gcc, glibc, and so on. So just how useful is a kernel, by itself, in the embedded market? And suppose Linux was GPL-3 -- is Linux that much more useful than BSD there?

      And it's funny how you worry about limitations on the use of DRM, which is itself a limitation that benefits no one except the copyright holder. And notice how I said "copyright holder", not "artist".

      --
      Don't thank God, thank a doctor!
    8. Re:Even simpler by SanityInAnarchy · · Score: 1
      Not true. There are already alternatives to glibc, like diet libc.

      And there are alternatives to the Linux kernel. This is really pointless.

      When BitKeeper tried to pull similar shenanigans, Linus dropped BitKeeper like a stone, and wrote his own source code management system, called "git." The same thing will happen to the GNU/zealotware, if necessary.

      I don't think even Linus is enough of a zealot to rewrite a compiler and a standard C library just so people can use his code in DRM'd apps.

      No, it was a real and concrete question.
      Is a company acting in bad faith if it...

      That wasn't the question. The question was:

      Are they going to go out of their way, and increase the cost of the product, to give this capability?

      Where "this capability" is the ability to load custom code without printing a new chip.

      It's a rhetorical question. Of course it's not likely that a company is going to take a significant profit hit to appear more friendly. The reason I brought up BSD is that this company, if they were smart, would be thinking the same thing. Will it cost more money to license proprietary stuff, develop everything in-house, use BSD, attempt to stick to GPLv2 code, or use GPLv3 and make it flashable?

      I don't think that's unreasonable. GPL3 or no GPL3, they'd already be thinking about BSD, QNX, and whatever else might make sense. Removing one option from them is not going to kill their product, and I agree with removing the option where it concerns my code. After all, they're getting my code for free, damn straight I'm going to tell them what they can do with it.

      RMS is setting the direction, and making the final calls.
      Everyone else is just there to help point out self-contradictions and potential loopholes.

      And hopefully to keep his zealotry in check.

      The GPL isn't even done yet, and you're assuming that any open source which has anything to do with DRM won't be allowed?

      --
      Don't thank God, thank a doctor!
    9. Re:Even simpler by ciggieposeur · · Score: 1

      When BitKeeper tried to pull similar shenanigans, Linus dropped BitKeeper like a stone, and wrote his own source code management system, called "git."

      Note that BitKeeper's eventual "shenanigans" were predicted by RMS when everyone else called him paranoid for thinking a for-profit entity might someday change its mind.

      No, it was a real and concrete question.
      Is a company acting in bad faith if it ships its embedded GPLv3 product with just exactly enough hard disk space to run the software it ships with, but no more? Or if the software is burned into EEPROM and unupgradable?

      It's a question that you can't answer. Neither can Linus. And that's why we're worried.


      Actually, it's a question that is easy to answer: if a company has a product with GPLv3 code, and that code is physically user upgradable (e.g. hard disk, flash), then the company needs to comply with those provisions of GPLv3 that apply in this case: users should be able to replace the GPLv3 parts with their own versions. So Tivo would NOT be in compliance with GPLv3-licensed software due to the DRM keys.

      If a device is NOT user upgradable, then complying with GPLv3 just means contributing back the source. RMS has stated similar views regarding ROM-based applications: if the user can't upgrade the device, then GPL compliance means source code availability and no more. By example, it would be very unreasonable to expect a Linux-based MP3 player to ship with everything required in the player to replace all the software (such as a large hard drive, video/keyboard support, etc.).

      In your contrived example, if a company goes to extraordinary lengths to prevent upgrades of ANY kind, then it's just like running GPLv3 code in ROM: that's ok. If they use measures specifically to prevent users from upgrading but allowing the company itself to, then that's NOT OK as per the draft of GPLv3. Limiting hard drive space is only one way to do that, they could also sign the software ala DRM, modify the kernel to use a special procedure such as allowing writes only to specific disk blocks or using an undocumented ioctl, or resort to a hardware dongle. In all the cases it's just this: if there is a software upgrade path available for the hardware manufacturer, then the user must be able to use it too for GPLv3 software. If the manufacturer doesn't like that, they are perfectly free to use any of the multitude of software available under other terms.

    10. Re:Even simpler by Freed · · Score: 1
      For one thing, it demands that the end-users be able to modify the software. A lot of hardware manufacturers don't even have programmable firmware. Are they going to go out of their way, and increase the cost of the product, to give this capability? And what about the liability concerns that this opens up. If they provide a formally supported mechanism to change the software on the device-- which they must, according to the ideals expressed in the GPLv3-- they may be liable for when someone changes this software.

      Ever hear of a warranty? You modify the software, you take full responsibility. Done.

      The whole area is a legal minefield, as Linus and other kernel developers have pointed out time and time again. A lot of these legal issues are more complex than you think. In some cases, new law is being made even as we speak. It's very foolish to claim that any issue related to the GPLv3 is settled until a judge has made a ruling. And even then, that ruling only applies in the relevant country.

      These kinds of "minefields" were similar to ones being moaned about and then ignored when GPLv2 was chosen for the kernel. You're just scaremongering, and anyone bothering to go to that link you gave will find in the commentary a ton of criticism of the claims of Linus et al. It's not as one-sided as you hope it is.

      On the whole, the whole GPLv3 effort is just a very complicated political game trying to achieve something that can't be achieved by a software license-- the rollback of DRM and the service-based internet economy. It will fragment the open source community and scare away business investment.

      GPLv3 never aimed to roll back DRM, just to regain the freedoms that the GPL used to give before the likes of Tivo, which uses one kind of DRM to scuttle those freedoms. They are just looking after their license. You clearly also know nothing of their beliefs about the service-based internet economy. In the recent GPLv3 meeting in Bangalore, they specifically pointed out that GPLv3 does not itself close any "ASP loophole" nor does it force it open. I hope that business investment is scared away from any more Tivoization. I suppose you think Tivoization is OK? And because so many will in fact not buy your kind of FUD, there remains the only true thing you have said: the fragmentation of the open source community; even more will be outraged about the concessions to Tivoization and believe more in the philosophy of free software.

      Linus understands this and is coming out against it. Good for him.
      I feel sorry for him if he believes all that FUD you spout.
    11. Re:Even simpler by FrostedChaos · · Score: 1

      Note that BitKeeper's eventual "shenanigans" were predicted by RMS when everyone else called him paranoid for thinking a for-profit entity might someday change its mind.
      And RMS's shenanigans could have been predicted too.
      Frankly, I trust engineers and even businessmen more than I trust politicians.

      In your contrived example, if a company goes to extraordinary lengths to prevent upgrades of ANY kind, then it's just like running GPLv3 code in ROM: that's ok. If they use measures specifically to prevent users from upgrading but allowing the company itself to, then that's NOT OK as per the draft of GPLv3.
      But now we are starting to make regulations based on people's intentions rather than on what they actually did. It is a slippery slope.
      And what if one part of the system, like the kernel, is unchangeable and in ROM, but the other is in RAM? There's an endless galaxy of hardware and software configurations that you can run software on. Why are we getting into the business of deciding what end users can do or not do?

      The fact of the matter is this: media companies are pushing hard to get DRM and copy protection schemes implemented by hardware vendors.
      We in the open source community can fight that in a number of ways-- like creating cracks for the DRM, or lobbying politicians. But you can't fight it by changing the license of your software.

      If they can't implement the security features that they need to, hardware companies will just drop GPLv3 software entirely. And that doesn't help anyone-- in fact it hurts the movement. It won't stop DRM, or the media companies. The only person it hurts is us, the end users and developers.

      If the manufacturer doesn't like that, they are perfectly free to use any of the multitude of software available under other terms.
      Stop changing the subject. Of course I know that there is other software available.
      There's even Windows CE available. But most people would prefer that embedded Linux became the standard, not embedded Windows, and that just wouldn't happen if Linux accepted RMS's new regulations.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    12. Re:Even simpler by FrostedChaos · · Score: 1

      These kinds of "minefields" were similar to ones being moaned about and then ignored when GPLv2 was chosen for the kernel. You're just scaremongering, and anyone bothering to go to that link you gave will find in the commentary a ton of criticism of the claims of Linus et al. It's not as one-sided as you hope it is.
      One license succeeded, so all licenses must. Good argument there.

      GPLv3 never aimed to roll back DRM, just to regain the freedoms that the GPL used to give before the likes of Tivo, which uses one kind of DRM to scuttle those freedoms. They are just looking after their license. You clearly also know nothing of their beliefs about the service-based internet economy. In the recent GPLv3 meeting in Bangalore, they specifically pointed out that GPLv3 does not itself close any "ASP loophole" nor does it force it open.
      So what are their beliefs about the service-based economy?
      Or is that going to be decided by another session of the politburo?

      I hope that business investment is scared away from any more Tivoization.
      Businesses know that they can Tivo-ize as much as they want with GPLv2 code or BSD code. And that's where they'll be putting their money and effort in the future. So the projects under the more liberal licenses will get bug reports and developer time, and the ones under GPLv3 will get neither. As it should be.

      I suppose you think Tivoization is OK?
      I do, actually.
      That's because I know that I can always buy the hardware that I need to create my own Tivo, if the need arises. As soon as I can't buy that hardware, then we have a problem. And it's a problem that the GPLv3 can't do anything about.

      And because so many will in fact not buy your kind of FUD, there remains the only true thing you have said: the fragmentation of the open source community; even more will be outraged about the concessions to Tivoization and believe more in the philosophy of free software.
      The GPLv3 is completely ineffective at stopping DRM, divisive to the community, and harmful to business.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    13. Re:Even simpler by FrostedChaos · · Score: 1

      I find it very hard to imagine where having source code that you can't run is helpful at all.
      Use your imagination.
      The Windows source code has helped a lot of crackers find exploits. The BSD TCP stack has been very helpful to people implementing their own TCP stacks.
      Source code is very useful as a reference implementation, for those who know how to read it.

      Linus said it himself. He doesn't care about Linux's market share, he doesn't care if it displaces things.
      You said it yourself: you don't care if embedded linux lives or dies. And you don't understand Linus' point of view. Given that, it's pretty disingenious for you to paraphrase him here.
      HURD is that way --- >

      There will likely be GPL-3 for other tools -- gcc, glibc, and so on. So just how useful is a kernel, by itself, in the embedded market? And suppose Linux was GPL-3 -- is Linux that much more useful than BSD there?
      What license gcc has is irrelevant because it will never be shipped on production boxes.
      glibc is under control of Ulrich Drepper, at Red Hat, and will probably stay with GPLv2, because doing otherwise would inconvenience too many important people. If not, there's always projects like uclibc waiting to take over.

      And a kernel by itself is actually very useful.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
  33. What's actually going on here "spin-free" by browncs · · Score: 5, Interesting
    1. RMS and the FSF (which are one and the same for all practical purposes) talk
      about "free software". What they are truly fundamentally about is
      creating a comprehensive category of software which is completely free from
      corporate/business control, and which individual users can completely control in
      all aspects as they wish.

      His fundamental motivation is an anti-corporation, pro-individual/community
      point of view. The fact that the mechanism for enabling his version of
      "free software" is the GPL and a common pool of open source is
      secondary. If he could have gotten a global law enforced that all corporations
      must release all their source code freely on the Internet, that's what he would
      have done, instead of GNU and GPL.

      RMS is an absolutist on this point. He truly sees this as good vs. evil, and as
      a belief system about which there can be no question.

      To help understand this, http://www.zmag.org/content/showarticle.cfm?ItemID =9350
      read this interview.

      This is where the insistence that DRM and "Trusted Computing" and
      software patents must be abolished comes from. These are all tools that
      corporations use to protect their property. RMS does not believe they should
      have property like this... that it should all be made available to users with no
      control by corporations.

    2. Linux is also licensed under the GPL (v2), but comes from a completely
      different motivation than RMS. Torvalds simply believes the open-source
      development model is the most effective way to create excellent software.
      Torvalds is just fine with corporations and businesses using Linux for profit,
      even if that means "controlling" some aspects of its use. He
      certainly has opinions on DRM, patents, and "Trusted Computing", but
      he's not going to let those get in the way of Linux development.

    3. So now starts the struggle for control of "what is the meaning of free
      software". RMS is clearly trying to re-establish his vision of the
      principles involved by pushing through GPL v3, because he's seen GPL v2 used in
      ways that offend his principles deeply. Is it too late? Has the FOSS movement
      taken off to an extent that he no longer controls it? Stay tuned.
    1. Re:What's actually going on here "spin-free" by teflaime · · Score: 1

      This is where the insistence that DRM and "Trusted Computing" and software patents must be abolished comes from. These are all tools that corporations use to protect their property. RMS does not believe they should have property like this... that it should all be made available to users with no control by corporations.

      RSM isn't the only driver of the elimination of software patents. There is another of opinion (one I happen to agree with) that simply doesn't believe software should be patnented. It should be copyrighted. The patents go to physical things: cpus, video chip sets, motherboards, etc... Software is just another creative endeavor. They don't patent books, so they shouldn't patent software. I don't know of any big names pushing this line of thought, but I have seen regular commentary on this in both legal classes that I have audited and in forum discussions at various conferences, such as the Sage conference in LA a couple of years ago.

    2. Re:What's actually going on here "spin-free" by SwashbucklingCowboy · · Score: 1
      His fundamental motivation is an anti-corporation

      I don't believe that's correct. He doesn't want companies to have control of software, however that is not anti-corporation.

    3. Re:What's actually going on here "spin-free" by browncs · · Score: 1

      RSM isn't the only driver of the elimination of software patents. There is another of opinion (one I happen to agree with) that simply doesn't believe software should be patnented. yep, I agree with what you said about 90%. I think there can be truly innovative inventions that are expressed in software rather than physical constructions, which should be patentable. But I think the bar is set way too low. However -- the subject matter is not patents in general, it's what is going on with the GPL v3 debate, and specifically what RMS thinks of these. So let's not get off track.

    4. Re:What's actually going on here "spin-free" by browncs · · Score: 1
      Spin-free? Your comment contains about the maximum spin anyone could possibly impart.

      Interesting comment. I'm curious what information you have that you didn't share that led you to that opinion. Care to elaborate and/or give examples? It could be an informative discussion.

    5. Re:What's actually going on here "spin-free" by browncs · · Score: 2, Insightful
      He doesn't want companies to have control of software, however that is not anti-corporation.

      I would have said the same thing, until I read the interview that I linked to in the parent's parent of this post. Here's quotes from RMS from that interview (note I am quoting his complete answers, not picking and choosing words). This makes it completely clear that he is against businesses and corporations having power, and that the Free Source movement is just one aspect of that larger anti-corporation movement. As an aside, I am quite impressed with the clarity and precision with which RMS speaks. He leaves no doubt where he stands, what his goals are, and how he intends to pursue them.

      I suppose you could pick nits here and say that being against corporations having power is not anti-corporation. But, come on. Let's use words that are meaningful, not spin them.

      If you are against the globalization of business power, you should be for free software.

      People who say they are against globalization are really against the globalization of business power. They are not actually against globalization as such, because there are other kinds of globalization, the globalization of cooperation and sharing knowledge, which they are not against. Free software replaces business power with cooperation and the sharing of knowledge.

      Globalizing a bad thing makes it worse. Business power is bad, so globalizing it is worse. But globalizing a good thing is usually good. Cooperation and sharing of knowledge are good, and when they happen globally, they are even better.

      The kind of globalization there are demonstrations against is the globalization of business power. And free software is a part of that movement. It is the expression of the opposition to domination of software users by software developers.

    6. Re:What's actually going on here "spin-free" by Anonymous Coward · · Score: 0

      You paint RMS as a fanatical would-be controller of an anti-business movement, while you portray Torvalds as a reasonable person who just wants to "create excellent software." That's your spin. Here are some example quotes from your post:

      "If [RMS] could have gotten a global law enforced that all corporations must release all their source code freely on the Internet, that's what he would have done, instead of GNU and GPL."

      "[RMS] truly sees this as good vs. evil, and as a belief system about which there can be no question."

      "Torvalds simply believes the open-source development model is the most effective way to create excellent software."

      "[Torvalds] certainly has opinions on DRM, patents, and "Trusted Computing", but he's not going to let those get in the way of Linux development."

      Is it that hard to see the bias in your own text? That's what I was criticizing -- not your particular bias (though I disagree with it), but your false claim in the subject of being "spin-free."

    7. Re:What's actually going on here "spin-free" by browncs · · Score: 1

      I was really trying not to "paint" anyone as "fanatical" or "reasonable". Upon reading your post, I can see how mine sounded biased. In fact, I was more astonished than anything by reading the referenced interview with RMS. Perhaps that astonishment is what you see coming through.

      What I am wondering is, did I say something that isn't actually true? e.g. do you think that RMS would not simply prefer that all corporations be forced to release all their source code, or do you think that he does not see this as a very black/white issue? I admit that this part was a conclusion of mine, as he didn't actually say it. Or do you think that my characterization of Torvalds' motives is wrong? I am trying to be a truth-teller here.

    8. Re:What's actually going on here "spin-free" by Freed · · Score: 1

      RMS control FOSS? I suppose you refer to his moral leadership. I would submit that he has long since lost it, in terms of absolute numbers of followers. No one can seriously suggest that most users of FOSS today care about freedom, i.e., know about and support the four freedoms. Just as RMS claims and yet he marches on--gotta love it.

    9. Re:What's actually going on here "spin-free" by Anonymous Coward · · Score: 0

      There is also spin in the description if the corporations protecting/using their property. I would argue the device is the property of the user and it should be theirs to do with as they wish. It is actually this argument about whose device it is that the debate is significantly about.

    10. Re:What's actually going on here "spin-free" by browncs · · Score: 1
      There is also spin in the description if the corporations protecting/using their property. I would argue the device is the property of the user and it should be theirs to do with as they wish. It is actually this argument about whose device it is that the debate is significantly about.

      Well, yes, exactly, you have pointed out one of the key elements of the debate. I should have said "what the corporations view as their property".

    11. Re:What's actually going on here "spin-free" by browncs · · Score: 1

      Actually I just found a quote from RMS that shows exactly how he feels about proprietary software.

      From http://www.fsfeurope.org/projects/gplv3/bangalore- rms-transcript.en.html (transcript of the latest GPL conference):

      Audience member: in this new World, and you're talking about GPL going over to the next version, how do you see proprietary software businesses making a profit?

      Richard Stallman: That's unethical, they shouldn't be making any money. I hope to see all proprietary software wiped out. That's what I aim for. That would be a World in which our freedom is respected. A proprietary program is a program that is not free. That is to say, a program that does respect the user's essential rights. That's evil. A proprietary program is part of a predatory scheme where people who don't value their freedom are drawn into giving it up in order to gain some kind of practical convenience. And then once they're there, it's harder and harder to get out. Our goal is to rescue people from this.

  34. Re:So what does Linus really want? by Klivian · · Score: 2, Informative

    Simply with BSD-licensed code you don't have to give your changes back, but with GPL v2 you have to Tivio or not. And that's the whole difference, simply getting the code back.

  35. Is this the enlightened attitude of the FSF? by partisanX · · Score: 0

    If you don't like it, shut up and leave!!!

    Yeah, great attitude. Great example for the kids. Very democratic and all that.

    --
    "Our morality is good, theirs is repressive."- Partisanship Rule #3
    1. Re:Is this the enlightened attitude of the FSF? by Schraegstrichpunkt · · Score: 1

      News flash: The FSF is not democratic. It never was, and I'm thankful for it.

    2. Re:Is this the enlightened attitude of the FSF? by partisanX · · Score: 1

      You're right, I was confused by the FSF Europe which has strong democratic elements. So knowing that, I would have said "Is that free as in speech?", but now I believe I misunderstood the tone and meaning of the poster I was replying to.

      My whole meaning is this... If FSF and their supporters begin to take the attitude "You don't like it then shut up", then that's total crap. Don't give me that attitude and then talk to me about "free as in speech". But again, this was based on what I believe was my misunderstanding.

      --
      "Our morality is good, theirs is repressive."- Partisanship Rule #3
    3. Re:Is this the enlightened attitude of the FSF? by killjoe · · Score: 1

      "You're right, I was confused by the FSF Europe which has strong democratic elements. "

      What do you mean "strong democratic elements"?

      "If FSF and their supporters begin to take the attitude "You don't like it then shut up", then that's total crap."

      This is all being done out in the open. They could have written the license and tell you to shut up and take it but they didn't. They invited legal scholars, prominent developers and business people. They wrote a draft. They published the draft. They invited comments on the draft. They held meetings and seminars. They explained their position. They clarified. They let a bunch of asswipe astro turfers on slashdot go on their anti-GPL/anti-FSF/anti-RMS tirades on slashdot.

      Honestly what more do you fucking want???? How much more open and transparent does the process need to be?

      --
      evil is as evil does
    4. Re:Is this the enlightened attitude of the FSF? by partisanX · · Score: 1

      What do you mean "strong democratic elements"?

      The organisation does things on consensus and uses democratic methods to break progress barriers. That is assuming if what I've read about them is correct.

      Honestly what more do you fucking want???? How much more open and transparent does the process need to be?

      Well, let me be blunt... What the fuck are you talking about? I stated fairly clearly why I said what I said. I stated my original response was based on my misunderstanding of the intent of the first poster. I thought I made it perfectly clear that my concern was FSF and their supporters don't take the dipshitted attitude of "you don't like it shut up" approach to discussing these things. Further, I also thought I made it clear that I recognized that I had misunderstood the previous poster and now felt that that wasn't the case. So again, what the fuck are you talking about and why are you asking me this question?

      --
      "Our morality is good, theirs is repressive."- Partisanship Rule #3
    5. Re:Is this the enlightened attitude of the FSF? by killjoe · · Score: 1

      "I made it perfectly clear that my concern was FSF and their supporters don't take the dipshitted attitude of "you don't like it shut up" approach to discussing these things."

      Right. And my point is that I can't see how any sane and rational person could come to that conclusion or accusation given the completely open and incremental manner in which this issue is being conducted.

      How can any sane and rational person look at the way the this new license is being handle and have that concern.

      Your concern is not founded in reality. It does not jibe with the facts. The process is open, inclusive, honest, and takes the opinions of all stakeholders seriously. Just exactly what is causing your concern?

      --
      evil is as evil does
  36. Re:So what does Linus really want? by Curien · · Score: 3, Insightful

    I can't tell you what Linus is thinking, but I can tell you why I think that way.

    I am a programmer. I am not a tinkerer. I care about /seeing the code/. I care that I can then use that code (or more likely ideas and tricks from that code) in my own projects. I don't care about making my consumer-grade router outpace the Cisco gear I use at work. I care about being able to make my own software on par with IOS.

    The ability to tinker with a system just isn't that important to me. It's the ability to /learn/ from that system that I want. Yes, learning could perhaps be easier if I could run modified code on the device, but ultimately, simply having access to the source is what I really care about.

    --
    It's always a long day... 86400 doesn't fit into a short.
  37. There's a lot to what you say by gammoth · · Score: 2, Insightful

    It's true. Engineers, scientists, programmers, mathmeticians, etc, would rather engineer than participate in meetings and organizational politics. Often, this is accompanied by an inability to play well with others--which I suspect is the case in this instance.

    There are so many cases on the record where LT beats a hasty retreat after his arguments are demonstrated to have poor logic. Let's hope LT learns to moderate his penchant for hyperbole. Let's all be glad he codes better than he discusses policy.

  38. No, it's the pragmatic attitude of me. by mrchaotica · · Score: 2, Informative

    First of all, I'm not speaking for the FSF.

    Second, I have no doubt that they're trying to accomodate everyone as much as possible. However, they're not about to do something completely contrary to their stated goal, which is to make software that's free for the user. Fundamentally, the GPL exists to serve the FSF's goals; therefore, no matter how touchy-feely you try to make the process, the bottom line is that it's going to be what the FSF wants.

    And before you complain about this, think for a minute and you'll realize that it's the same for every human organization, from the US Government to the Linux kernel to Bob's Fine China and Firearm Emporium, Inc. Deal with it.

    --

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

    1. Re:No, it's the pragmatic attitude of me. by zaphod_es · · Score: 2, Funny
      .... to Bob's Fine China and Firearm Emporium, Inc. Deal with it.

      Is that Microsoft Bob? I often wonder what happened to him. Smart move to go into retailing, he was never cut out for the computer business.
    2. Re:No, it's the pragmatic attitude of me. by partisanX · · Score: 1

      Well, let me explain my reply since I believe now that I misread your post... It sounded to me like it was one of those "if you don't like it shut up" type of statements, meant to stifle conversation. I believe after your reply that it was not meant that way, so I apologize for reading it wrong.

      --
      "Our morality is good, theirs is repressive."- Partisanship Rule #3
    3. Re:No, it's the pragmatic attitude of me. by mrchaotica · · Score: 1

      Apology accepted; thank you.

      --

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

  39. Re:So what does Linus really want? by mrchaotica · · Score: 0, Redundant
    Can you explain to me what it is about these specific loopholes that makes them so much more desirable than people taking your code wholesale and making it into a proprietary program?

    Simple: they don't, and Linus's attitude is stupid and shortsighted.

    --

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

  40. An even simpler explanation by EmbeddedJanitor · · Score: 1
    Discussing GPL3 for Linux is pointless as it is not a legal option. One might as well argue as to whether you want there to be gravity or not

    Many people have contributed code to Linux, and those people retain the rights to that code and every one would have to agree to move to GPL3. Linus cannot just say "all Linux code becomes GPL3".

    He could say that all **future** Linux code becomes GPL3 otherwise it does not get gitted, but that cannot be retospectively applied to existing code and would mean that the majority of the Linux code would remain GPL2 for a long time.

    And what about those who want the loopholes? Well they can just use any Linux up to the transition point with no problems since the GPL3 cannot be retrospectively applied (since you cannot "unGPL2" code that has already been released).

    Considering that a lot/most of Linux usage is in embedded space, where the GPL2 "loopholes" are important, moving to GPL3 would force a fork aand nobody really sees any benefit in that.

    --
    Engineering is the art of compromise.
    1. Re:An even simpler explanation by ray-auch · · Score: 1

      He could say that all **future** Linux code becomes GPL3 otherwise it does not get gitted, but that cannot be retospectively applied to existing code and would mean that the majority of the Linux code would remain GPL2 for a long time.


      I don't think he can, because he couldn't mix the two together - as far as I can see, GPLv3 adds additional restrictions, so you can't link it with GPLv2.

    2. Re:An even simpler explanation by ClosedSource · · Score: 1

      I assume you mean "a lot/most of Linux code re-usage" is in the embedded space.

  41. Re:So what does Linus really want? by mrchaotica · · Score: 2, Insightful
    Yes, learning could perhaps be easier if I could run modified code on the device, but ultimately, simply having access to the source is what I really care about.

    But you still need a device to run the code on. Consider the fact that in many cases (especially embedded) there isn't a good substitute device. What good does having the code do you in this case? What benefit do you get out of the GPL that you wouldn't get out of, say, MS's "shared source" licenses?

    More importantly, why should the hardware device maker get the benefit of the GPL for themselves, without having to give back? I mean, let's assume you like the GPL in the first place. In that case, you already belive it's reasonable to require software writers to open the code they write that's combined with GPL code, because being able to use the combined whole is the point. So, similarly, isn't it reasonable to require hardware makers to open the hardware they make that's combined with GPL code, because using the combined whole is still the point?

    --

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

  42. Opening hardware by SiliconEntity · · Score: 1

    Does GPLv3 require hardware manufacturers to provide users a way to alter the hardware/firmware and incorporate altered code? Suppose a hardware design does not use any flash ROM, just old-fashioned unflashable ROM that can't be reprogrammed, in a chip that is surface mounted, or even burned into the CPU chip itself (as sometimes is done with embedded designs). Is this forbidden to use GPLv3 code? Does the hardware manufacturer have to provide a user-accessible port to reprogram the device?

    I don't think so. In that case I don't see what is the point of this whole aspect of the license. Or am I wrong, and this whole class of devices (non-reprogrammable firmware) is off-limits to GPLv3?

    1. Re:Opening hardware by mrchaotica · · Score: 1

      You understand the difference between not being able to do something because it's physically impossible and being intentionally disallowed from doing it, right? Is it so unreasonable to accept the first, but not the latter?

      Let me put it to you as an analogy: you accept the fact that you can't flap your wings and fly, right? Then would you be upset if you were trying to take an airplane somewhere and the TSA detained you and prevented you from doing so?

      Similarly, if a device is phsyically not possible to modify, fine. But if I'm merely prohibited from doing so by some bullshit DRM just to appease some company's business plan, I'm going to be pissed about it! And more importantly, I damn well wouldn't want a shitty company like that taking advantage of my (hypothetical) GPL'd code!

      --

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

    2. Re:Opening hardware by Curien · · Score: 1

      And more importantly, I damn well wouldn't want a shitty company like that taking advantage of my (hypothetical) GPL'd code!

      If you don't want folks using your code, don't make it open source. It *will* be used in ways you don't approve of. Maybe by the US military in the next tank. Maybe by the the RIAA in their next version of InfringementFinder Plus.

      The purpose of copyleft is to ensure that distributed modifications to the code are also open. No more, and no less. If you want additional restrictions (like "not for government use" or "not in devices I can't tinker with"), fine. But don't pretend you're promoting software freedom.

      --
      It's always a long day... 86400 doesn't fit into a short.
    3. Re:Opening hardware by idontgno · · Score: 1

      Similarly, if a device is phsyically not possible to modify, fine. But if I'm merely prohibited from doing so by some bullshit DRM just to appease some company's business plan, I'm going to be pissed about it!

      And there are those extreme zealots who claim that hardware design choices that prohibit reprogramming are inherently anti-Free. Like the use of a mask-programmed ROM instead of flash memory storage for open-source firmware. They will paint this decision not in terms of any legitimate technical or economic criteria but only in terms of "zomgwtfhax I can't reprogram this device with my uber l33t modified GPL5'd new kernal! GPL VIOLATION GPL VIOLATION SUE SUE SUE".

      So, what about it? A hardware designer chooses non-reprogrammable storage to host software from a Free sources, and complies with all other requirements of the license. Does some putz call the mask ROM a DRM device and call out the FSF Police?

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    4. Re:Opening hardware by killjoe · · Score: 1

      Aah yes. I was wondering how long it would take to call the GPL programmers zealots. Didn't take long.

      --
      evil is as evil does
    5. Re:Opening hardware by Anonymous Coward · · Score: 0

      There is a difference between a simple technical limitation (ROM) and a artificial technical restriction (Tivo), GPLv3 doesn't say that a device shipping with GPLv3 code has to be user modifiable, it requests a way for the end user to sign the code in case that it has been shipped with a device that require code signing. Nothing about ROMs, nothing about private GPG keys used for integrity-verifying signatures, not even access to the specific keys used to sign the shipped binary, a way for the end user to feed the machine his keys is enough.

    6. Re:Opening hardware by mrchaotica · · Score: 1
      The purpose of copyleft is to ensure that distributed modifications to the code are also open. No more, and no less.

      On the contrary, the purpose of copyleft is to ensure that the user controls his own devices. I mean, really -- if that's not the reason, then why the heck was RMS complaining about that printer driver in the first place?!

      --

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

    7. Re:Opening hardware by idontgno · · Score: 1

      If the shoe fits...

      By the way, you didn't answer the question.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    8. Re:Opening hardware by killjoe · · Score: 1

      There is no need to answer your questions if you equate programmers to terrorists. You are by definition irrational.

      --
      evil is as evil does
    9. Re:Opening hardware by ray-auch · · Score: 1

      You understand the difference between not being able to do something because it's physically impossible and being intentionally disallowed from doing it, right?

      Yes, I think, but I don't know which applies in the flying case, since it is physically possible for me to fly, given wings / jetpack, but was I intentionally designed not to have them or was it evolutionary accident.

      Maybe it would be clearer if we just stuck to devices with GPL software in.

      If the device was intentionally designed with soldered eprom instead of socketed (or some more modern equivalents), is that "physically impossible" or "intentionally disallowed" ? Does it matter if the intent was to save costs or to prevent modification ? Does the GPLv3 mandate sockets ?

      If the device was socketed but in a locked case (maybe with anti-tamper self-destruct), so the mfr. can upgrade it using the correct key, but I can't, is that "physically impossible" or "intentionally disallowed" ? Does the GPLv3 require I be given the key / opening tools / etc. ?

      Does it matter what type of lock / key it is ? If so, why, since the effect is the same ?

    10. Re:Opening hardware by Torham · · Score: 1

      Freedom 0 is: The freedom to run the program, for any purpose. So while you can't restrict others, they shouldn't be able to restrict your ability to run the (modified) program in return.

    11. Re:Opening hardware by Curien · · Score: 2, Insightful

      That doesn't make any sense unless you selectively interpret it to fit what you want it to. There's no Freedom guaranteeing that a modified program will run on the original hardware. For one thing, the modified code might be buggy. For another, it might be too large. For a third, the hardware might be buggy.

      Running modified code on the original hardware is convenient. It's probably what you want to do. It might even have been your inital goal. But calling it a "freedom" is just silly.

      --
      It's always a long day... 86400 doesn't fit into a short.
    12. Re:Opening hardware by Bing+Tsher+E · · Score: 1

      What have you coded? When did you last program something? (your VCR doesn't count)

      The Zealots are the people who have never written one nit of code, and come to Slashdot to preach about how people who write code should behave.

    13. Re:Opening hardware by Anonymous Coward · · Score: 0

      "If the device was socketed but in a locked case (maybe with anti-tamper self-destruct), so the mfr. can upgrade it using the correct key, but I can't, is that "physically impossible" or "intentionally disallowed" ? Does the GPLv3 require I be given the key / opening tools / etc. ?"

      Exactly. In any situation that the manufacturer has a legitimate interest in "dis-allowing" modifications to "their product" (henceforth "my property") their interest is sufficiently covered by legitimate warranty provisions. This is actually no different than "hardware" modifications.

      There have been cases where (eg. medical technology, computer OSs, automated equipment, and most famously a certain Xerox printer) where the users have NEEDED to modify the software, in order to fix -- or merely continue to use and operate (as in the recent, well-publicized case of an automated high-density parking-garage) the "hardware" that they owned. From this point of view the distinction between controlling the hardware and controling the software is clearly arbitrary, artificial, and not in the users' interests.

      some examples:

      Should e-voting vendors have the last word on who can modify (which also means be able to fully verify) their voting-machine software? No, of course not -- but so far, they do.
      Should Microsoft (through Dell, perhaps?) be able to control what software or OS you run on your server or your desktop? H*** No.
      Should the manufacturer of radiation therapy equipment be able to make you buy new hardware, rather than fix a bug in the software -- I'm told it's been attempted. And in any case, there's no garrentee the company will continue to support that "older" model, even if they stay in business till the hospital is prepared to buy a new machine.
      Should cellular networks be able to lock their customers out of the "extra" features that "their" phone's hardware provides? Despite the fact that the phone's owner paid a hefty, non-subsidised-price premium to get that specific name-brand model's very-well-advertised special features (and that particular major cellular network turns out to be the only distributer for that phone, and they'd rather charge you service fees to provide the same features via their network) -- it's happened.
      Should Parkade operators be able to hold the owners (of parkade and vehicles, both) hostage when they decide that they want to quadrupule their management fee?
      Should a PVR vendor be able to retroactively alter (including outright remove) the features of the device that the owner originally bought, while forbiding the owner to do likewise? -- hmmm... where have I heard this one before?

      Who owns the hardware? Surprise -- it's the one who bought the software with it.
      Whose freedom is being protected by this hair-splitting, weaseling obfuscating that "hardware freedom" is a completely separate issue from "software freedom". Who benefits from it? And who bears the cost? Think about it?

  43. Re:So what does Linus really want? by Curien · · Score: 1

    [I]sn't it reasonable to require hardware makers to open the hardware they make that's combined with GPL code, because using the combined whole is still the point.

    I don't think it is, no. The point of the GPL, to me, is learning from what other people do. I don't need to hack the device to learn from the modifications made to the code. I do not believe that I have a right to run any software I choose on a device the community did not (help) design.

    I think that there is enough significant different between hardware and software that when the two are combined, the GPL should not automatically rule over the hardware as well. I think the recent trouble with patents and the fallacy of the whole "piracy is theft" mentality nicely illustrates that a lot of ideas meant for hardware are no good in the realm of software and vice versa.

    --
    It's always a long day... 86400 doesn't fit into a short.
  44. Re:So what does Linus really want? by SiliconEntity · · Score: 2, Insightful

    I keep going over and over this, and I still can't figure out why Linus would want Linux to be able to be Tivo-ized, but not want it BSD-licensed. Can you explain to me what it is about these specific loopholes that makes them so much more desirable than people taking your code wholesale and making it into a proprietary program?

    With GPLv2, people who take your code and alter it have to publish the alterations. This adds to the store of knowledge generally available to the human race. Good ideas that improve your code can be incorporated into your own project or into others. This doesn't happen with a BSD license.

  45. Heh, interesting point by Curien · · Score: 1

    we had access to the source, but on the machines on which that software ran, I had nowhere near enough disk quota to rebuild a modified version

    I wonder if the GPLv4 will require anyone with a web server running GPL code to provide a shell account with admin priveleges so users can test their modifications. I mean what good is the source if you can't tinker with it, right?

    --
    It's always a long day... 86400 doesn't fit into a short.
  46. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    So how's the code useful if you can't actually compile it and run it? Not to mention that you still don't have to give all of it back -- remember the Linksys routers?

    --
    Don't thank God, thank a doctor!
  47. FSF Motto by codehead78 · · Score: 0, Redundant

    "If you can't do, preach."

    1. Re:FSF Motto by Freed · · Score: 1

      Hmm, how do you preach the GNU stack into existence, pray tell?

  48. Re:So what does Linus really want? by SanityInAnarchy · · Score: 2, Insightful

    And again, the problem is that there may not be a substitute device. That is, there could be amazing, incredible innovation in some GPL'd code, that would be utterly useless to you without an open mp3 player. Now, that case is actually irrelevant now -- there's a player that encourages rockbox, and you can make Linux run on an iPod -- but it's still a valid point.

    If you look at your history, I think RMS will back me up here. The whole free software movement was inspired by a printer driver without source code -- not because RMS particularly wanted to see how it worked, but because it didn't work, and he wanted to fix it.

    I do not believe that I have a right to run any software I choose on a device the community did not (help) design.

    Alright, then. I still think it's asinine of people to lock down a device so I can't run custom software on it. It is their right to develop such a device, but I do not want to help them, so I don't think it's their right to use my code in such a device.

    --
    Don't thank God, thank a doctor!
  49. Re:So what does Linus really want? by jb.hl.com · · Score: 1

    Being able to study it, perhaps?

    --
    By summer it was all gone...now shesmovedon. --
  50. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    That's of considerably less use, and it's certainly not the intent of the GPL in the first place. The GPL was created because RMS was pissed about a printer driver that didn't work, that he could easily fix, but no one would give him the source code to do so. It would have started out as GPLv3 if it was a bug in printer firmware to which he had the source code, but no way of flashing it, especially if it was arbitrary about it -- techs from the printer company can flash it, but he can't.

    But maybe this is where Linus differs -- maybe he really doesn't mind reading code that he'll never be able to use.

    --
    Don't thank God, thank a doctor!
  51. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    Except they can't be incorporated into your own project if every single piece of hardware for which the code is relevant is locked down tight.

    Also, it would be nice if this could go both ways. Good ideas from Tivo could improve my project, but it would be nice if good ideas from MythTV could improve Tivo.

    --
    Don't thank God, thank a doctor!
  52. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1
    I don't care about making my consumer-grade router outpace the Cisco gear I use at work. I care about being able to make my own software on par with IOS.

    Two things:

    1. Why don't you care about making your consumer-grade router outpace Cisco gear? That sounds like a laudible goal -- you'd obsolete Cisco gear instantly.
    2. Wouldn't it be better if you could have access to the IOS source code, modify it, and load your modifications into the Cisco gear itself? That's the goal of GPLv3: Making hardware manufacturers stick to manufacturing hardware.
    --
    Don't thank God, thank a doctor!
  53. Re:So what does Linus really want? by mrchaotica · · Score: 1
    I do not believe that I have a right to run any software I choose on a device the community did not (help) design.

    Are you kidding? You don't belive you have the right to run any software you choose on your own property?!

    Besides, the point of the GPL for you is only a small part of why everybody else likes it. The real reason people like the GPL is that it's based on the principle of reciprocity: in return for me giving you my code, you've got to give me yours. If you fail to require that from hardware makers too, you've got the situation where I give you my code and you give me back... nothing! And that's not OK.

    And if it is OK to you, then you shouldn't have a problem with software makers giving you nothing back for your code either, and therefore should be using the BSD license instead anyway.

    --

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

  54. Re:So what does Linus really want? by Curien · · Score: 1

    You don't seem to understand the discussion. Under no circumstances did anyone suggest that a company producing a device including GPL software should be allowed to fail to reciprocate by divulging modifications to the code.

    The real reason people like the GPL is that it's based on the principle of reciprocity: in return for me giving you my code, you've got to give me yours.

    Exactly! The GPLv2 does that just fine, thanks.

    --
    It's always a long day... 86400 doesn't fit into a short.
  55. Two Failures by Anonymous Coward · · Score: 0

    "Two situations. First, one can have the ability to see and modify source code, but not run the program."

    Then GPLv3 is a "usage license"? BTW Tivo distributes the source code so all the freedoms mentioned are there. Were GPLv3 steps outside boundaries is dicating were it should be "allowed to" run.

    "Second, ability to run the program, but not see the source code."

    That's because the user ISN'T "running the code". The user is interacting with the behaviours of the code. RPC is just another name for "web services". e.g. a remote square root function.

    "Both these cases violate not the letter of the GPLv2 licence, but the spirit of it."

    And that's the whole problem right there. One can't legislate the vageness of "spirit"* any more than one can "morality" or "ethics".

    *For example the Apple/KDE brooha were some were complaining about Apple violating the spirit by not offering the code in a form that the KDE group approved of. Now how would you legislate that?

  56. Re:So what does Linus really want? by crosbie · · Score: 1

    People may like the GPL for it's tendency to encourage reciprocity in terms of publishing modifications, but reciprocity per se is not what what the GPL is based on. The GPL is based on FREEDOM.

    The fact that a lot of people think the GPL is about reciprocity is a cause of a lot of upset, e.g. in those obscure cases when people discover they don't have an automatic right to download GPL software for nothing.

    "Waaah?!! You can't charge me for downloading your mods to GPL code! It's free! Give back to the community man. The GPL is about reciprocity."

    Nope. The GPL is about freedom. Live with it.

  57. Re:So what does Linus really want? by Curien · · Score: 1

    Wouldn't it be better if you could have access to the IOS source code, modify it, and load your modifications into the Cisco gear itself?

    It would be more convenient for me. I don't know if it would be better. The question is: Is it good to /prevent/ someone from using Free software in a closed hardware system? I can think of some good examples where the answer is definitely "no". So no, I don't like that provision of the GPLv3.

    --
    It's always a long day... 86400 doesn't fit into a short.
  58. Re:So what does Linus really want? by Anonymous Coward · · Score: 0

    Ah! So that's why it's called the 'Free Software Foundation' and not the 'Reciprocal Software Foundation'. It's all making sense now...

  59. The weight of irony. by Anonymous Coward · · Score: 0

    Hehe. The ironic part is how they throw the word "freedom" around, but are unwilling to accept the "spirit" of the BSDs.

  60. Not the whole story. by pavon · · Score: 1

    While the GPL Preamble that you quoted does not give you permission to copy the license, that does not preclude the FSF from giving people permision to do so elsewhere. In fact they do allow you to modify the GPL under certain terms as explained in the GPL FAQ.

    The short version is that you are not allowed to change the license as it is applied to that piece of software, nor are you allowed to create a modified version and pass it off as the GPL. But you can license your software under whatever terms you wish, and the FSF will not prevent you from using parts of the GPL in your license provided that you do not call it GPL.

    1. Re:Not the whole story. by bfields · · Score: 1
      In fact they do allow you to modify the GPL under certain terms as explained in the GPL FAQ.
      That's interesting, thanks for pointing it out.
    2. Re:Not the whole story. by Pofy · · Score: 1

      >But you can license your software under whatever
      >terms you wish, and the FSF will not prevent you
      >from using parts of the GPL in your license provided
      >that you do not call it GPL.

      That would be a trademark issue (calling it GPL) and would have nothing to do with the copyright of it as a work.

  61. I'll give you signed binaries, but not Google by DG · · Score: 1

    Before we start in, remember the origins of the FSF and RMS's buggy, proprietary printer driver.

    The core problem the Free Software solves is that you have the opportunity to fix or improve software that is running on YOUR hardware. You *PAID* for that printer; you should have the ability to muck around with whatever software is needed to make it work.

    So with that in mind, I'll grant you signed binaries. I have the printer, I have the source code to the drivers, but without the right crypto key, my printer won't work with my self-modified drivers. That's a loophole, and worth fixing.

    But Google? No way.

    Google may be using GPL-licenced code, but NOBODY using Google is in danger of having their hardware become unusable because Google keeps their source code locked up.

    Web services are just that: SERVICES. If Google or anybody else wants to keep their service code secret, they are FULLY within their rights to do so - just as I am fully within my rights to take ANY GPLed software, modify it for my own internal use, and never release it to anybody.

    Attempting to force the Googles of the world to unlock their private code is more than just wrongheaded; it is morally WRONG - and the FSF has always prided itself on taking the moral high ground.

    Maybe it's time to fork the FSF. Start with GPLV2, and fix the real problems without going down the road that the GPLV3 has chosen.

    DG

    --
    Want to learn about race cars? Read my Book
    1. Re:I'll give you signed binaries, but not Google by Anonymous Coward · · Score: 0

      "The core problem the Free Software solves is that you have the opportunity to fix or improve software that is running on YOUR hardware. You *PAID* for that printer; you should have the ability to muck around with whatever software is needed to make it work."

      The problem with this line of reasoning is that hardware and software are seperate entities. Physically and legally.* The right of first sale is the document that RMS should have been modifying. Not the GPL which is a software license.

      *You may own the hardware, but that doesn't neccessarily apply to the software.

      http://en.wikipedia.org/wiki/First-sale_doctrine

      Read the software section.

  62. He Can Just Forget Politics by Michael_Burton · · Score: 2, Insightful

    Though Torvalds prefers the GPLv2, he says if others prefer the GPLv3, they ought to support it because 'it's not like it kills and eats small children for breakfast, and must never be allowed.'"

    Linus, you're never going to have a successful career in politics with an attitude like that.

    --
    When all you have is an axe, everything looks like a grindstone.
  63. That's not the same by nova_ostrich · · Score: 1

    Should you be required to distribute the source for the GIMP when you create a JPG for your website?

    Should you be required to distribute the source for your GPL mail client when you write an email?

    Pixar would only have to distribute modified sources when other parties are allowed to use those render farms.

    --
    It's scary being a Flash and Flex developer on Slashdot. You guys are unnaturally rabid.
    1. Re:That's not the same by Curien · · Score: 1

      My point is that forcing someone to open the source to a server-side script to anyone who views the HTML it generates *is* like forcing you to provide the source to your modified Sylpheed to anyone you send an e-mail to. HTML pages are the output of server-side scripts, just like JPGs are the output of the GIMP.

      --
      It's always a long day... 86400 doesn't fit into a short.
  64. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1
    Is it good to /prevent/ someone from using Free software in a closed hardware system? I can think of some good examples where the answer is definitely "no".

    I'd like to here about these examples...

    --
    Don't thank God, thank a doctor!
  65. I agree with ideals and the gplv3 myself. by Anonymous Coward · · Score: 0

    the thing is that there is people that cares and people who just care about their interests, GPLv3 cares more about people than software, and yes it may cut down some corporations so what? I say screw them... I take the ideals always before anything else!
    I am not one of those that started to use GNu/Linux cause is free. but cause is "free as freedom" so of course... I am going to push for GPLv3 in all my code and most of the people I know here in Boston that have ever contribute to Free Software before the big boom of "linux"
    http://www.binaryfreedom.info/
    and like what I tell everyone... I side with freedom, that means.. you are free to use any Free Software license or whatever you please.. I have nothing against people that are not moving to gplv3 I just have something against people making FUD like mr Tovals and other so called kernel developers, I can see were they comming and were they going most of the kernel developers now a days are pay by who? companys ..... thats all I have to say.
    if you like FreeSoftware feel free to join our FreeSoftware user group and mailing list.
    http://www.binaryfreedom.info/

  66. Re:So what does Linus really want? by Curien · · Score: 1

    - Voting machines, where you want to prevent misuse by unscrupulous folks (both end users and poll staff)
    - Cars and other devices where safety is a primary concern
    - Web kiosks, where the owner doesn't want to let folks put in a thumbdrive and reboot, starting an OS with a keylogger or worse.

    Another idea about Tivo. There's a lot of talk about how devices like Tivo have to provide "significant non-infringing use" to be legal. If Tivo knows of a way to prevent their devices from being used to infringe and fails to implement it, they could be found negligent and therefor liable for damages. Is it better to have closed hardware or no hardware?

    --
    It's always a long day... 86400 doesn't fit into a short.
  67. Re:So what does Linus really want? by killjoe · · Score: 5, Insightful

    Linus just doesn't care all that much. He hasn't learned the proper lesson from the bitkeeper incident yet apparently.

    --
    evil is as evil does
  68. The "ball going home" process is open. by Anonymous Coward · · Score: 0

    "In other words, the FSF's opinion is the only one that matters because it's their license. If you don't like it, use a different one or make your own."

    There's one thing the "we'll take our ball and go home" crowd needs to keep in mind. The continued success of the FSF agenda is dependent on people accepting both the code and the license (Trojan Horse). If they don't, or stick with what is already at hand. e.g. GPLv2. Then the FSF either stagnates or goes downhill, because contrary to belief. The computing industry was surviving nicely with the code already at hand (GPL or otherwise).

  69. Re:So what does Linus really want? by killjoe · · Score: 1

    "Good ideas from Tivo could improve my project, but it would be nice if good ideas from MythTV could improve Tivo."

    They could. All they have to do is to accept the GPL. There is nothing preventing that right now.

    --
    evil is as evil does
  70. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    Good points. Now, cars I'd object -- much of what's in a car should be possible to modify by the owner. I'm not saying it's a good idea, but it should be allowed.

    Voting machines and web kiosks don't actually belong to the people using them, but it'd be difficult to find a legal way of putting this.

    But back to Tivo: How does allowing infringing use diminish "significant non-infringing use" in any way?

    Ooh! Ooh! I bet if I make my sledgehammers out of balloons, they'll never be used to kill anyone! But they'll still have the "significant non-infringing use" of being fun to play with!

    In the real world, anything can be used by anybody to do something you don't want it to. I mean, it gets significantly fuzzier if you're, say, developing the atomic bomb, or writing a worm, but allowing people to program their Tivos seems reasonable, and preventing piracy seems like an annoying excuse not to. Seems like maybe they're afraid that the more people know about their devices, the more potential competition they would have from, say, MythTV.

    But the law should concern itself with "significant non-infringing use" and leave it at that. I currently use mplayer for significant non-infringing DVD watching. That I can rip DVDs with mencoder, and sometimes do (rentals that have to go back before I've had a chance to watch them), shouldn't make mplayer illegal, nor its developers liable for anything. Same for Tivo.

    --
    Don't thank God, thank a doctor!
  71. Re:So what does Linus really want? by Curien · · Score: 1

    Yes, the Tivo point is weak.

    Voting machines belong to the government, and that's exactly whom I *don't* want modifying them.

    --
    It's always a long day... 86400 doesn't fit into a short.
  72. Debated at length in January on LKML by Anonymous Coward · · Score: 0

    See the archives. Alan Cox was wondering what it would take to relicense, Linus made clear it would take a lot of effort, since "V2 or later" parts + "BSD" parts made up just about a third of the kernel.

    1. Re:Debated at length in January on LKML by Anonymous Coward · · Score: 0

      The vast majority of the kernel (pushing 80%) is drivers. These are easy to selectively kick out. The actual kernel is not that large, so even if it were 60% of that then that isn't really that big a deal. Especially considering most of that will be from corporate contributers (IBM, Red Hat) where huge amounts from many contributers can be switched to GPL3 basically with two or three corporate decisions.

  73. Re:So what does Linus really want? by mrchaotica · · Score: 1

    Damnit, tricked into trapping myself with my own argument!

    Reciprocity isn't the only reason the GPL was created; it exists for the reason described in my other reply to you also.

    --

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

  74. Caveman, kill, eat! by Anonymous Coward · · Score: 4, Funny

    it's not like it kills and eats small children for breakfast

    GPL3 may not look like that, but Stallman does!!

  75. License too US centric? by on · · Score: 2, Interesting

    Software patents are not valid in europe - now why would anyone on this side of the atlantic want to license anything under GPLv3?

    Does anyone know if software patents are valid in Asia?

  76. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    So you're saying there's nothing preventing my good ideas from improving Tivo? I don't think Tivo likes me loading custom software onto it...

    --
    Don't thank God, thank a doctor!
  77. Re:So what does Linus really want? by Infernal+Device · · Score: 1

    With GPLv2, people who take your code and alter it have to publish the alterations. This adds to the store of knowledge generally available to the human race. Good ideas that improve your code can be incorporated into your own project or into others. This doesn't happen with a BSD license.

    Too bad there's not a license for: "Here's the code. Do what you want to. Any problems that crop up are yours and yours alone to deal with. Now, go away and don't bother me. Ever. No. Really. I mean it. You are on your own."

    The BSD license comes the closest to that, which is why I prefer it.

    --
    "My God...it's full of trolls!"
  78. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    Someone actually proposed an idea once that could theoretically provide a way for voters to take their receipt home and verify, over the Internet, that their vote was properly counted. In this case, no matter how much someone tries to modify the software, no significant number of votes could ever be faked.

    Unfortunately, I can't quite remember that, or where it's from. Also, the voting machines do suggest that there might be other examples, which we won't find till later. On the other hand, GPL does have some unintended annoyances, from time to time -- just look at the nVidia drivers.

    --
    Don't thank God, thank a doctor!
  79. Re:So what does Linus really want? by mrchaotica · · Score: 1

    Yeah, you're right. Sorry for the screw-up.

    --

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

  80. Re:So what does Linus really want? by killjoe · · Score: 1

    That's outside of the GPL for now.

    --
    evil is as evil does
  81. FUD by Anonymous Coward · · Score: 0

    You are spreading FUD...

    You yourself are misinformed...

    You are an zealous idiot (like so many here)...

    1. Re:FUD by Anonymous Coward · · Score: 0

      So much criticism, so little facts

  82. Re:So what does Linus really want? by ray-auch · · Score: 2, Insightful

    What is stopping you compiling it and running it ?

    Your hardware doesn't run (by design) programs that you compile ?

    Well, get some that does then. Why did you get non-user-modifiable hardware if you wanted to modify it ?

    I can't modify the software on (for one example) my phone, do I care ? no. Because if I _wanted_ to modify it, I'd have bought a phone which supported me modifying it.

    You can take every modification Tivo has made to GPL software and use it in your own PVR (or in something completely different) - even compete with Tivo if you wish, and even if you eat their lunch in the marketplace, they _still_ have to give you every improvement they make to the GPL software. You can benefit from _all_ their GPL software R&D, for free.

    Provided, of course, that you reciprocate, so they benefit from all yours too (_that_ is the core of the GPL - nothing to do with hardware).

    So, why is this code not useful ? It isn't useful to me, as I don't want to build a PVR, but there's loads of GPL code that I have no use for - that doesn't mean it isn't useful.

  83. Re:So what does Linus really want? by eraserewind · · Score: 1

    Because he cares about himself and the success and freedom of Linux as a code project, not the freedom of Linux users. It's a fundamentally different agenda to the FSF. Basically he wants quid pro quo with Tivo. They use his code. They give him theirs. This is what he sees as a fair deal for him. The GPLv2 arranges this quite nicely while having a different overall objective.

  84. Its like bitrot by bug1 · · Score: 1

    Please explain how a license can "crumble".

    Please explain how a bit can rot... Its not supposed to be taken literaly.

    Bitrot is when software remains the same and its environment changes, so much so that the software doest fit anymore.

    Just like software, licences need to be upgraded to keep upto date with its legal environment.

  85. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    Actually, the spirit of the GPL has everything to do with hardware. It starts with RMS and a broken printer driver. He wanted to fix it, but it was proprietary -- he couldn't get his hands on the source code.

    Certainly, the code isn't entirely useless, but the spirit of the GPL is: If I can run the software, I can modify the software. Modifying the software is pretty useless if you cannot run the modified code on the hardware for which it was intended. True, you could take the software and port it wholesale, but that's an entirely different world, more akin to Microsoft's "shared source" approach -- corporation to corporation, not one crazy innovating individual.

    --
    Don't thank God, thank a doctor!
  86. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    Unless you are Linus, I'm calling wrong on at least one count here. Linus doesn't care about the success of Linux, he cares about his ability to develop it. If he could develop Linux full time, with a team of maybe twenty or thirty people, he'd be happy. At least, that's roughly what he's said.

    It would be nice to actually see some comments from Linus by now, though. It'll be a cold day in hell before he comes to Slashdot, but maybe we can at least find some quotes?

    --
    Don't thank God, thank a doctor!
  87. I hope like hell by shagymoe · · Score: 0
    I hope like hell that building your own web services is not seen as "distributing" your app in v3. I think that is the best part of the GPL. You can create something of value and if you aren't selling or distributing the code, you can keep the bits you think are particluarly clever to yourself.

    IMHO, Open Source != anti-profit. Of course, there are other reasons to not require "non-distributors" to publish their code. Two that come to mind quickly are embarrasement over your coding skills (or lack thereof) and security through obscurity (yes, I know that 99% of Slashdot thinks this is stupid.) Not everyone can be the best programmer of all time, though they can still create a useful application. Let the flaming begin!

  88. Linus needs to be more consistent by newhoggy · · Score: 2, Insightful
    Linus has claimed that he likes the GPLv2 because it was a "tit for tat" license and the GPLv3 is less so and then he says this:
    one of the stated goals of the FSF with the GPLv3 was to expressly design the new license to be compatible with the Apache license. That sounds like a great thing, doesn't it? It sounds nice. 'Compatible' is such a nice word. Let's just all sing songs about it around the camp-fire.

    But if you actually look behind all the nice words, it's just a polite way of saying, 'We want to hijack the code of those projects that use the Apache license, too, and turn that code into GPLv3. Because the definition of 'compatible with the GPLv3' is strictly one-way compatibility. You can convert Apache-licensed projects into the GPLv3, but not the other way. Doesn't sound quite as much as a "Kumbaya" moment any more when you put it that way, now, does it?

    Well if GPLv3 was convertable to the Apache license it wouldn't be a "tit for tat" license at all anymore would it? I don't know what he is complaining about here because he is complaining about something if addressed would make the license even less appealing to him. It looks more like he's desperately searching for FUD fling about to divert attention from the fact he can't actually find fault with the new license.
  89. Hit Any Button by rumblin'rabbit · · Score: 1
    I've always had problems with the "any later version" and the "choose any version" clauses in the GPL. To my way of thinking, neither side of a bargain can reasonably agree to a clause referring to licenses which do not yet exist, and of whose content neither side has any say in.


    I have no idea how the courts view these things - my guess is they aren't too excited about them. They undoubtedly prefer that all the cards be on the table right from the get-go.

    1. Re:Hit Any Button by GigsVT · · Score: 1

      Why would they have any trouble with it?

      One key is that the user doesn't have to accept the later version. The producer already said they are ok with the FSF making decisions about the license. The user hasn't, but the newer version of the GPL isn't binding on them, so it doesn't matter.

      If it said something like "the latest version of the GPL" that could be problematic on the grounds you said, but it would be no less enforcable than the unilateral clauses most TOS and EULA have that claim the company has the right to change the agreement at any time.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Hit Any Button by Bing+Tsher+E · · Score: 1

      It comes down to who owns the copyright. The FSF prefers that people who license software under the GPL turn over the copyright to them. In fact, they strongly recommend this.

      However, Bill Gates would also like the copyright to everything turned over to him. Also I am sure Larry Ellison and Steve Jobs would as well. . .

    3. Re:Hit Any Button by rumblin'rabbit · · Score: 1
      Sure there are many contracts that say one side has the right to change the agreement, but such contracts generally allow the other side to cancel the agreement at any time. There is no such ability with the GPL (nor could there be). Once a piece of software is released under the GPL, it can not be revoked.

      The problem with the "any version" clause is not for the user of the software, but for the copyright holder, who is agreeing that the software can be licensed at some future date under terms which he is not aware of and has no control over.

  90. Re:So what does Linus really want? by Freed · · Score: 1

    Can you not see that GPLv3 simply closes a loophole in v2? If you feel the loophole does not matter, then I suppose free software does not matter that much to you?

  91. Re:So what does Linus really want? by GigsVT · · Score: 1

    No hardware.

    We'll just buy it from China, where they don't care about protecting a small industry at the expense of many larger ones.

    It might even motivate some people to change the laws when their Tivo goes dead with a message displayed about who's number to call if you want service back (your federal rep in congress).

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  92. Re:So what does Linus really want? by Anonymous Coward · · Score: 0

    If that's what you want your license to say, why don't you make a license that says it?

  93. Re:So what does Linus really want? by cas2000 · · Score: 1
    - Voting machines, where you want to prevent misuse by unscrupulous folks (both end users and poll staff)
    - Cars and other devices where safety is a primary concern
    - Web kiosks, where the owner doesn't want to let folks put in a thumbdrive and reboot, starting an OS with a keylogger or worse.


    the first two issues can and should be dealt with by legislation and regulation, not by DRM or other technological measures.

    the third isn't relevant to GPL because no distribution is involved.
  94. Re:So what does Linus really want? by cas2000 · · Score: 1
    Someone actually proposed an idea once that could theoretically provide a way for voters to take their receipt home and verify, over the Internet, that their vote was properly counted. In this case, no matter how much someone tries to modify the software, no significant number of votes could ever be faked.


    and the problem with that is that it enables vote buying and/or vote coercion, it undermines the secrecy of the ballot.

    at the moment, someone can pay for (or blackmail or extort or threaten) a voter to vote in a particular way, but there is no way to tell whether they actually voted as instructed.

    electronic voting machines should print a paper ballot which the voter can examine to verify that their vote is correctly recorded - and then they deposit that paper ballot into the secure vote box where it becomes the *OFFICIAL* recorded vote which will later by counted by hand with scrutineers from multiple parties observing the count (the electronic tally in the machines being just an unofficial approximation)

  95. Re:So what does Linus really want? by Bing+Tsher+E · · Score: 1

    He hasn't learned the proper lesson from

    Whoah! I know Stalinist code-word phrasing when I see it.

    "You will remain in the cell until you learn the proper lesson."

  96. Where's the beef? by Freed · · Score: 1

    It's news because it's Torvalds who is whining (but adding nothing new).

    Is it so hard to understand why creators of a license would want a new version to close a loophole? How much more basic can you get?

  97. Re:So what does Linus really want? by Bing+Tsher+E · · Score: 1

    Actually, there are newsgroups and list servers where a lot of people talk about a lot to do with problems and continuing development. There may be a 'go away, you are on your own' feel to it when people wander in with ridiculous questions that they should go to a FAQ (or better yet- go to a Man Page) to get the answer to.

    Frightening corellary: I have evesdropped on OpenBSD developer lists. Theo actually seems like a cordial guy who knows his stuff and is okay to get along with. But I know how to read Man Pages, and agree with him and his community on the perils of Howto docs that lead people down a merry trail they don't understand.

    It's a much more complicated matter than can be discussed on Slashdot. Most of the people who come down hard on the 'closed nature' of the open software development communities are gate crashers trying to sabatogue things they disagree with on a political level.

  98. Re:So what does Linus really want? by Bing+Tsher+E · · Score: 1

    "Outside of society"

    (patti smith)

  99. Even simpler-walking backwards. by Anonymous Coward · · Score: 0

    "If the manufacturer doesn't like that, they are perfectly free to use any of the multitude of software available under other terms."

    And that furthers the FSF agenda how?

  100. The problem with Linus and his comrades by anandsr · · Score: 1

    Actually GPLv3 wouldn't matter to Linus, but the problem is that Linux kernel depends on a lot of GPL programs including the glibc. Without the glibc, the kernel is actually quite useless. So the problem is that if GPLv3 comes into effect, Linux kernel even though is GPLv2 it will be for all practical purposes GPLv3. Because even though there is no compatibility problem due to the "v2 or later" clause, but the users can ask for the ability to modify the glibc. Which basically makes the system impossible to contain DRM. The only solution is to rewrite glibc with a different license. I am sure there are other clones but the kernel people don't use them, and it will be difficult to validate them.

    So the problem is that the embedded folks will have a real problem in using Linux for their system if they want to embed DRM. Lots of mobile and other manufacturers have been expecting to use the DRM on their system, because they want to make sure that the system remains faithful to them. This will cause the inroads that the Linux kernel is having in the embedded world to slow down to a crawl. This is a problem for Linus and his comrades as it means that Linux will not be running on all systems ie total world domination will be delayed appreciably.

    In my opinion this is a problem, but a problem which we can live with if we want open devices in the future we should be willing to wait some more time. Without the GPLv3 there will be no DRM free future. We have only recently started to see the benefits of GPLv2, after about 15 years of GPLv2. I would expect another 10-15 years before we will see the benefits of GPLv3, but the wait should be worth it.

    It is still better to have a DRM free future, rather than having total DRM future. It would have been nice if GPLv3 was delayed by about 5 years, when those manufacturers would have been so used to Linux that removing linux would not be an option. In that sense GPLv3 is a bit premature.

    1. Re:The problem with Linus and his comrades by Freed · · Score: 1

      Please mod the parent up for being more insightful than most.

      I would add that although in a sense GPLv3 can be seen to too soon, had it existed before Tivo, a big mess could have been avoided and DRM might not be taken as seriously today.

  101. My Impressions by CTachyon · · Score: 1

    The more I read Linus soapboxing over the GPL3, the more he rubs me the wrong way. Not that this is really a big shock: he's quite well-known for being stubborn and opinionated, it's just that he's usually on the side that makes the most sense. Lately, though, he's been sounding less like a firebrand for good code and more like an old coot with a sign reading "No Trespassing - Violators Will Be Shot".

    Now, I'm hardly one to claim that the GPL3 is all hugs and puppies, and RMS has always rubbed me the wrong way far more than Linus. However, I do think that the FSF's Four Freedoms are a solid foundation, and I do think that the current GPL2 leaves too many pitfalls WRT submarine patents and, to a lesser extent, Tivoization -- both of which the GPL3 is tackling.

    That being said, I also agree with Linus that the GPL3 design process is flawed, and that the current GPL3-as-drafted isn't nearly as elegant as the GPL2. (Not that the GPL2 was perfect -- the parts that redefine "derived work" to cover dynamic linking are clunky.) I think a lot of this owes to the fact that the "benevolent dictator" model that works so well in FS/OS was replaced with "design by committee", resulting in the classic problem: too many cooks spoil the broth. After all, if "benevolent dictator" works for computer code, shouldn't the same approach work for legal code?

    One last gripe: Linus complains about 3/4 down that the GPL3 explicitly aims for compatibility with the Apache license. In the case of the 1.0 and 1.1 licenses, they're clearly BSD-derived and implicitly allow anyone anywhere to relicense them, including to create closed source products or to irreversibly convert an entire fork to another FS/OS license, like GPL2 or GPL3. In the case of the new 2.0 license, a cursory glance suggests that it's largely based on the GPL2 model, except that it does the exact same jig over software patents that the GPL3 does. In fact, it's got more similarity to GPL3 than GPL2.

    In a nutshell, Linus is basically complaining that the GPL3 will meet the demands of the developers who use the Apache licenses, without giving back to those developers. However, this is the exact same situation that Linux is already in WRT the various BSDs, and a situation which Linux itself has previously taken advantage of on a rare handful of occasions. He's being a rank hypocrite on that point.

    --
    Range Voting: preference intensity matters
  102. There's really no downside to writing it. by Kadin2048 · · Score: 1

    But for many people (Linus included) those "loopholes" are features not bugs. Those holding views can argue those features are what caused GPL 2 to be so widely adopted and that the "fixes" in v3 will cause v3 to "crumble" (ie nobody using it).

    So what? If that's the worst that can happen, what have we got to lose?

    Let's say that GPL3 is a huge flop. Nobody wants to use it, and as a result, there's no software relased under the license. It disappears into history, with nothing but a Wikipedia page to remember it by.

    Fine. It'll mean a lot of effort was wasted writing the thing and bickering over it, but it's not like anybody is being forced to participate; those people wasted their own time.

    However, if it is popular, then it could mean good things for the FOSS movement in general, and be exactly what's needed in order to keep Free Software from being fenced in behind hardware-enforced checksums or web services, effectively making it as opaque and unmodifiable as proprietary binary code, and doing as little for the community.

    I don't get why people have such a problem with GPL3. It's a license. If you don't like it, you don't have to use it on your software. GPL2 will always be around for you to use if you want to, and it's clear now that the Linux kernel will always be GPL2 (at least until there's a complete rewrite). It's a move that might do a lot of good, and if it fails, probably won't do much harm except to the egos of a bunch of people.

    We have a Free and open-source OS which is basically useable for anyone who wants to use it; that's not going away. GPL3 can't take away what's already here; it's purely forward-looking. If it succeeds, great, if it doesn't, then back to the drawing board.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  103. FOSS doesn't have that leverage ... yet. by Kadin2048 · · Score: 1

    I don't think anyone is talking about being this strict at the current time.

    It would be shooting Free Software in the foot; in striking the delicate balance between software freedom and programmer freedom, you don't want to go too far in either direction. Saying "no ROMs" would be going too far in the 'software freedom' direction, at the expense of the programmer/designer's freedom. I doubt that the benefits of GPL code are convincing enough to make most designers take this tradeoff.

    Obviously, we eliminate some programmer freedom in the GPL already, by making it a copyleft. You don't have the option, if you want to use GPL code, of just releasing binaries and not source code. Thus, as a programmer, some of your 'freedom' is taken away in order to give the users and other programmers more. However, many people feel that this tradeoff is worthwhile; it's worth it to them to make their changes public, in order to utilize the body of work that's out there. To somebody like Linksys or TiVO, it's a value proposition.

    At some point in the future (a hypothetical "GPL5," as you said), the FOSS community might be standing on such a mountain of code that it would make sense to leverage this in a way that would encourage the development of more open, easily hackable systems. In other words, they could make a license that would prohibit the use of non-removable burned ROMs, or mandate an open architecture, and hardware designers might be OK with it: the tradeoff of not being able to use ROMs, would be outweighed by the benefit of using the hypothetical GPL5ed code.

    It's all about what kind of leverage you have to work with. Right now, with competition from vxWorks and the like, I don't think there's enough GPLed software to make hardware designers radically change their designs for more openness. They'd just design things the way they want (closed, proprietary) and find some other software solution. But perhaps at some future date, this wouldn't be the case; maybe over time, FOSS would be so far superior in some areas to what's available on the closed market, that it would be possible to effectively use this as a bludgeon in order to force open hardware and open standards.

    I wouldn't be against this in the slightest. I don't think it's in any way hypocritical to force designers to use an open architecture, if this is the best outcome for users; on the "user freedom" versus "programmer freedom" spectrum, bookended with GPL at the user and and BSD somewhere closer to the programmer end (and proprietary binaries at the extreme end), I'm firmly on the user end of things. Anything we can do to produce hardware and software that is more transparent and more functional to the end user, I am in favor of, even if in doing so we have to beat some embedded-systems designers with the metaphorical 2x4 of a GPL-type license.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  104. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1
    and the problem with that is that it enables vote buying and/or vote coercion, it undermines the secrecy of the ballot.

    No, it doesn't, actually. It was quite an elegant solution, that I'd really like to see examined, as it does sound too good to be true. Basically, your receipt is printed in two parts, which are either on transparancies or close enough to them that you can see them through some sort of glass panel, and when the two are put together, they show the name of the candidate you voted for.

    You then take half the receipt, and the other half is kept, or maybe destroyed. This means that neither half is enough to prove who you voted for -- only when they are together can you actually see the name. But, either half can be used to verify that your vote was counted, without actually revealing what that vote was. The verification is not very accurate, but it doesn't have to be, because if even a small portion (don't remember how much) attempt to verify, and if even a small portion of votes (again, don't remember how much) were falsified, at least some of the receipts will not verify.

    electronic voting machines should print a paper ballot which the voter can examine to verify that their vote is correctly recorded - and then they deposit that paper ballot into the secure vote box where it becomes the *OFFICIAL* recorded vote which will later by counted by hand with scrutineers from multiple parties observing the count (the electronic tally in the machines being just an unofficial approximation)

    This is nice, but it requires a hand count every time, defeating the purpose of the machine count. Also, it's not even close to the system I descibed, because if that system works, it would become possible for the voters themselves to verify, cryptographically, that the election was a fair one.

    The problem is, I still can't actually find this system. Maybe it didn't hold up to scrutiny? It's a good idea nonetheless.

    --
    Don't thank God, thank a doctor!
  105. Re:So what does Linus really want? by cas2000 · · Score: 1
    electronic voting machines should print a paper ballot which the voter can examine to verify that their vote is correctly recorded - and then they deposit that paper ballot into the secure vote box where it becomes the *OFFICIAL* recorded vote which will later by counted by hand with scrutineers from multiple parties observing the count (the electronic tally in the machines being just an unofficial approximation)


    This is nice, but it requires a hand count every time, defeating the purpose of the machine count. Also, it's not even close to the system I descibed, because if that system works, it would become possible for the voters themselves to verify, cryptographically, that the election was a fair one.


    yes, it's not even close to what you described - that was deliberate. and yes, again, it pretty much defeats the purpose of the machine count - again, that's deliberate. the ONLY way to be confident that the vote has been counted accurately is to do it by hand, with scrutineers from multiple parties conducting the count (so that any miscounting will be picked up by the opposition). you can't trust machine counts - they're too easily hacked and manipulated....so relegate it to just an unofficial quick approximation.

    hand counting doesn't take that long, anyway. we do it that way every election here in australia and the results in most electorates are in within a few hours of the voting booths being closed, with the counting done by thousands of volunteers who register with the Australian Electoral Commission (who run and oversee ALL elections in Aus.). some electorates, where the results are very close or where a recount is needed take longer...but a) the results are still in within a few days at most, and b) in most cases the overall outcome (i.e. who wins enough seats to form government) is unaffected - very few elections are won by only one or two seats.

    a short delay (at worst) to eliminate a potential avenue of massive electoral fraud is worth it. it's not like there's any great hurry, anyway...it'll be months before the actual handover of power to any new government.

    in other words, electronic vote counting is a solution for a problem that doesn't exist.

  106. Re:So what does Linus really want? by killjoe · · Score: 1

    I think you have proved once and for all that everybody who uses linux or any software that is released under the GPL is a stalinist. In fact I think since the word communist didn't seem the have the proper impact and zealot is losing it's effectiveness stalinist might be next word used by MS, astro turfers and the shills.

    Good going.

    --
    evil is as evil does
  107. Re:So what does Linus really want? by SanityInAnarchy · · Score: 2, Insightful
    you can't trust machine counts - they're too easily hacked and manipulated

    This may be true with all methods of machine counts that you're aware of, but that's the ludicrous statement of a luddite to claim that no machine count can ever be trusted. Humans are much more easily bribed and manipulated than machines. Humans from both parties.

    hand counting doesn't take that long, anyway.

    It costs more money, though, and it does take some amount of time more. That said, I was pretty annoyed that Kerry conceded before the votes were actually counted.

    we do it that way every election here in australia

    Quick Google search shows population of Australia to be 20,090,437. Population of US is 295,734,134. That's a significant difference. Now, if I could find out how many actual votes were cast...

    with the counting done by thousands of volunteers

    Which is also thousands of opportunities to make mistakes, intentional or not.

    a short delay (at worst) to eliminate a potential avenue of massive electoral fraud is worth it.

    Oh, I agree, but it would be nice if we could have neither the delay nor the fraud.

    in other words, electronic vote counting is a solution for a problem that doesn't exist.

    Aside from the sheer cost, time, number of volunteers, and potential innaccuracy... No, I don't think electronic voting is wholly uncalled for. I do think that I don't know strong enough words for the level of negligence with which the US has treated voting in general -- from the chads and the butterfly ballot to the Diebold machines.

    It's been said over and over again -- we treat our electronic slot machines and poker machines with much more scrutiny than we treat our voting machines. Frankly, I'd feel better trying to win the jackpot from a slot machine than simply trying to have my vote counted by a Diebold machine.

    --
    Don't thank God, thank a doctor!
  108. Holy fuck by Anonymous Coward · · Score: 0

    Your Jesus sold out or something man!?

  109. Re:So what does Linus really want? by Curien · · Score: 1
    Web kiosks, where the owner doesn't want to let folks put in a thumbdrive and reboot, starting an OS with a keylogger or worse.
    [That] isn't relevant to GPL because no distribution is involved.

    Image, if you please, that a young hacker named Root Mean Squared stops at this web kiosk to print out the latest paper from a friend of his at college. It's in PostScript format, of course, and the PS drivers for the printer at the kiosk have a bug...

    I believe the web kiosk is /exactly/ the type of scenario that RMS and the FSF have in mind. Legally, that's not "distribution" under copyright (and thus copyleft), but rest assured, they'll try to find a way to eliminate that "bug" in the GPL if ever they have a chance.
    --
    It's always a long day... 86400 doesn't fit into a short.
  110. Re:So what does Linus really want? by cas2000 · · Score: 1

    you can't trust machine counts - they're too easily hacked and manipulated

    This may be true with all methods of machine counts that you're aware of, but that's the ludicrous statement of a luddite to claim that no machine count can ever be trusted. Humans are much more easily bribed and manipulated than machines. Humans from both parties.

    no, it's true of ALL machine counts. you can't trust them because there is inherently insufficient scrutiny of them in operation - otherwise, there's no point in having the machine count it rather than humans.

    yes, humans can be bribed, manipulated, blackmailed, and threatened....but to succeed, you have to compromise ALL of the humans involved in a count, and with enough people involved that is impossible to achieve - all it takes is one whistle-blower who hasn't been compromised (this is analagous to the free software dictum "with enough eyes, all bugs are shallow"...."with enough eyes, all votes are transparent"). with a machine, though, you only have to hack it once and compromise the tiny number of people who have access to audit it.

    hand counting doesn't take that long, anyway.

    It costs more money, though, and it does take some amount of time more. That said, I was pretty annoyed that Kerry conceded before the votes were actually counted.

    no, it doesn't cost more money. it costs a LOT LESS to hand count an election. the AEC runs elections at a cost of about five or six dollars per voter - which is extraordinarily cheap. machine elections cost tens of dollar per voter

    for example, the 2001 Federal election cost $67M AUD. the 2004 Federal election cost $75M to run (plus another $41M of public funding of electoral expenses for parties who got >=5% of the vote). that's cheap by any standards.

    we do it that way every election here in australia

    Quick Google search shows population of Australia to be 20,090,437. Population of US is 295,734,134. That's a significant difference. Now, if I could find out how many actual votes were cast...

    the larger population means a larger number of votes to be counted....but also a larger pool of people available to count the votes. the votes aren't counted all at one central location, they are counted at or near the actual location where they were cast. i.e. only half a dozen (or more) people per counting site...that's not a huge ask from the hundreds or thousands of people who vote in that area.

    as for the number of votes cast, australia gets a >99% voter turnout rate - we have compulsory voting here (in practice, that means compulsory attendance at a voting booth on election days to get your name crossed off the list - nobody actually monitors what you do in the booth, although most people do vote if only because they're already there at the booth)....and compulsory voting is a good thing because it forces the candidates to actually give a damn about the majority of mostly apathetic, disinterested and distracted-by-sport-and-entertainment voters, rather than just the extremists on either side.

    about half the population is eligible to vote (i.e. everyone 18 years of age and over).

    america would be a far better place if it had a) a federal electoral commission with universal standards for how an election is to be conducted and b) compulsory voting

    with the counting done by thousands of volunteers

    Which is also thousands of opportunities to make mistakes, intentional or not.

    and thousands of eyes to see those mistakes, intentional or not. with enough people watching, it is almost impossible to corrupt the election process, and certainly impossible to corrupt it enough to significantly skew the results.

  111. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1
    no, it's true of ALL machine counts. you can't trust them because there is inherently insufficient scrutiny of them in operation - otherwise, there's no point in having the machine count it rather than humans.

    Giving any voter the capability to verify their own vote isn't sufficient scrutiny?

    yes, humans can be bribed, manipulated, blackmailed, and threatened....but to succeed, you have to compromise ALL of the humans involved in a count

    No, only a majority. Also, depending on the structure, you can likely simply buy humans in strategic positions, who can affect the result of tens or hundreds of humans working under them.

    compulsory voting is a good thing because it forces the candidates to actually give a damn about the majority of mostly apathetic, disinterested and distracted-by-sport-and-entertainment voters, rather than just the extremists on either side.

    And why's that a good thing? (Not rhetorical; I'm curious)

    with the counting done by thousands of volunteers
    Which is also thousands of opportunities to make mistakes, intentional or not.
    and thousands of eyes to see those mistakes, intentional or not.

    Again, depends on the organization. I'd want to see it -- just how open is the process? How much scrutiny is there -- and who watches the watchers?

    Frankly, I'd feel better trying to win the jackpot from a slot machine than simply trying to have my vote counted by a Diebold machine.
    and you still think machine-counted voting is a good thing? that it can be trusted more than a manual count? amazing.

    I suppose that you mistrust all computers because of Windows? There are other OSes than Windows, and other voting machines than Diebold, including the system I was describing. And yes, I think my ability to verify my own vote, in addition to massive scrutiny from volunteers and everyone else who cared to verify their vote, is more trustworty than just the massive scrutiny from volunteers.

    Of course, this all becomes academic and I agree with you fully if the system I described is actually impossible.

    --
    Don't thank God, thank a doctor!
  112. Re:So what does Linus really want? by cas2000 · · Score: 1
    Giving any voter the capability to verify their own vote isn't sufficient scrutiny?


    it's not as good as having thousands of scrutineers monitoring the entire process. one person may be able to verify their own vote (and i'll even take your word for it that that can be done without compromising the secrecy of the ballot for the sake of the argument), but they can NOT verify that other people's votes haven't been tampered with, or that thousands of fraudulent votes haven't been inserted into the count, or that the system hasn't been rigged to keep two sets of records - one for the count, and one for whenever a voter attempts to verify their vote. electronic data is too malleable, too easy to manipulate without any trace to trust with something this important.

    No, only a majority. Also, depending on the structure, you can likely simply buy humans in strategic positions, who can affect the result of tens or hundreds of humans working under them.


    and all it takes is one uncompromised observer to blow the whistle and expose the fraud.

    And why's that a good thing? (Not rhetorical; I'm curious)


    because they have to (pay at least lip-service) to representing ALL the people in their electorate, not just the extremists and fanatics...because if they dont, they run the risk of pissing off enough voters that they lose the next election.

    also, compulsory voting gives people a direct involvement in the process - i'm sure that a big part of the reason why the public in america don't care that their last two elections were completely compromised and stolen is because they think "i didn't vote, so i have no reason to care/no right to complain". also because there's a massive conspiracy of silence on the issue from the mainstream media, but both factors together result in a big "who cares" attitude.

    Again, depends on the organization. I'd want to see it -- just how open is the process? How much scrutiny is there -- and who watches the watchers?


    the process is entirely open. any citizen can volunteer. who watches the watchers? the other watchers, of course. that's the point. that's why the more watchers, the better.

    I suppose that you mistrust all computers because of Windows? There are other OSes than Windows, and other voting machines than Diebold, including the system I was describing. And yes, I think my ability to verify my own vote, in addition to massive scrutiny from volunteers and everyone else who cared to verify their vote, is more trustworty than just the massive scrutiny from volunteers.


    no, i don't mistrust all computers because of MS Windows. however, i do distrust electronic voting because i know enough about computers and security issues to know that there are several *requirements* for trustworthy voting which are mutually exclusive when it is performed electronically. for example, a secret ballot is incompatible with the ability to verify your vote after the fact.

    btw, even the system you were describing only allows you to verify your own vote - it doesn't allow you to verify that the entire vote hasn't been compromised by the addition of fraudulent vote records into the system.

    if you believe that the ability to verify your own vote makes it more secure, then you are being fooled. it's just a distraction to divert your attention from a far bigger problem. it doesn't matter if your vote is recorded and counted accurately if it can be nullified by the addition of fraudulent votes.

    post-ballot verification also opens up the danger of vote buying and vote extortion. no matter what safeguards are in place to make it difficult, anyone willing to go to the trouble of buying or extorting votes will have no difficulty getting around them - all they have to do is be present when the voter verifies their vote and look over their shoulder.

  113. Re:So what does Linus really want? by QuantumG · · Score: 1

    See, what you don't understand is that we, the developers of this software, do care that you can't modify it. Therefore we're using the power of copyright law to prohibit people from preventing you from being able to modify it. Maybe you don't appreciate us looking out for you. That's ok, you can go use some software written by people who don't give a shit about your ability to modify it, but if you're using a device that includes our software, you can rest assured that we're doing our best to ensure you'll be able to modify it.

    --
    How we know is more important than what we know.
  114. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    they can NOT verify that other people's votes haven't been tampered with

    Except that, given a sufficient number of people willing to volunteer for a hand-count, you likely have at least as many people willing to verify their own vote. Should someone's vote not be counted, there would be a recount.

    or that thousands of fraudulent votes haven't been inserted into the count, or that the system hasn't been rigged to keep two sets of records - one for the count, and one for whenever a voter attempts to verify their vote.

    I don't know about the first, but I'm certain that the second is covered. You'd verify your vote against some sort of massive signature (or something), with which it would also be possible to verify the count.

    Also, if you can verify the count, you've effectively got verification that there aren't fraudulent votes, because that would mean displacing legitimate votes, meaning someone's vote wouldn't be counted.

    As I recall, the system isn't completely accurate, but it's accurate enough that any significant fraud will likely be detected by at least one person verifying their vote, where "likely" is similar to "If you verify my PGP signature, it's likely that I sent the message."

    electronic data is too malleable, too easy to manipulate without any trace to trust with something this important.

    Again, a Luddite statement. We're debating in a void without actually knowing what this system was, but consider signatures. Surely you'll admit that a signature is important, right? You don't want someone to be able to sign checks in your name. Now, they know what your signature is by comparing it to the copy they have on file, so it would be just as easy to give them a public RSA key as a signature in that case. And a PGP signature is much harder to forge.

    It is possible to build computer systems that are at least as reliable and trustworthy as more traditional ones. I know of very few business owners who keep a paper ledger, for instance. So, I'm suggesting that it is possible for an electronic voting system to exist which is more reliable than hand-counts.

    I admit, it may not be possible or practical, but that would be because of the cryptography/math involved, not the mere fact that it's a computer.

    because they have to (pay at least lip-service) to representing ALL the people in their electorate, not just the extremists and fanatics...because if they dont, they run the risk of pissing off enough voters that they lose the next election.

    I don't get why this is important. If the apathetic masses don't want to vote, haven't done any research at all on the candidates, then their votes would be much more harmful than the votes of the extremists. At least the extremists know what they're voting for. The apathetic masses, at least in America, would end up voting much the same way they choose Coke or Pepsi -- which candidate has the coolest campaign ads? Not in terms of what was said, but in terms of production values?

    If all of America was forced to vote, we might end up with, say, a rapper or a movie star elected. Not that this is inherently bad (it's happened before), but we shouldn't be electing people because we like their music/movies, we should be electing people because we like what they stand for.

    also, compulsory voting gives people a direct involvement in the process - i'm sure that a big part of the reason why the public in america don't care that their last two elections were completely compromised and stolen is because they think "i didn't vote, so i have no reason to care/no right to complain".

    Possible, but I think roughly half of us voted, and I think if roughly half of us were pissed about how the election was stolen, that would be enough.

    the process is entirely open. any citizen can volunteer. who watches the watchers? the other w

    --
    Don't thank God, thank a doctor!
  115. Re:So what does Linus really want? by cas2000 · · Score: 2, Interesting

    Also, if you can verify the count, you've effectively got verification that there aren't fraudulent votes, because that would mean displacing legitimate votes, meaning someone's vote wouldn't be counted.

    that might be true if everyone voted, but not when you don't have compulsory voting...and not when you don't even get close to 100% turnout of those who are registered to vote.

    electronic data is too malleable, too easy to manipulate without any trace to trust with something this important.

    Again, a Luddite statement. We're debating in a void without actually knowing what this system was, but consider signatures. Surely you'll admit that a signature is important, right? You don't want someone to be able to sign checks in your name. Now, they know what your signature is by comparing it to the copy they have on file, so it would be just as easy to give them a public RSA key as a signature in that case. And a PGP signature is much harder to forge.

    no, it's not a luddite statement. it's an analysis of the risks vs the benefits. an election is FAR more important than a personal signature, it matters a lot more whether it is fraudulent or not because the scale of damage is far greater.

    and, just as significantly, moving from written signatures to electronic signatures isn't a significant reduction in the security of the system because written signatures aren't very secure to start with. by contrast, moving from a many-eyes manual count to an electronic count is a massive reduction in the security of the system.

    the miniscule benefits of electronic counting are greatly outweighed by the risks.

    because they have to (pay at least lip-service) to representing ALL the people in their electorate, not just the extremists and fanatics...because if they dont, they run the risk of pissing off enough voters that they lose the next election.

    I don't get why this is important. If the apathetic masses don't want to vote, haven't done any research at all on the candidates, then their votes would be much more harmful than the votes of the extremists. At least the extremists know what they're voting for. The apathetic masses, at least in America, would end up voting much the same way they choose Coke or Pepsi -- which candidate has the coolest campaign ads? Not in terms of what was said, but in terms of production values?

    because they're going to be affected by the result of the election, regardless of whether they supported the winner or not. the winning candidate is supposed to represent *everyone* in their electorate whether they voted for them or not, they are elected to do a job - to represent the people in their area. it is a peculiarly american attitude that somehow you don't count, your right to be represented is void if you don't vote, or if you didn't vote for the winning candidate.

    and, no, the extremists don't know what they're voting for either. for the most part, they're just like football fans voting for their side, regardless of what their policies are. non-compulsory voting means that voting is done by those most sucked in by the hype.

    in practice, with compulsory voting, what happens most of the time is that people vote for those who either a) promise to have the least damaging policies, and/or b) offer the most to them (e.g. hospitals, schools, whatever other things are needed in the local community). there's certainly potential for problems here, but it's far better than candidates simply ignoring what the majority of people in their electorate want, to concentrate exclusively on what the nutters and corporate interests want (i.e. appease the nutters to get their vote, and do what their corporate masters tell them to do).

    If all of America was forced to vote, we might end up with, say, a rapper or a movie star

  116. Re:So what does Linus really want? by SanityInAnarchy · · Score: 1

    an election is FAR more important than a personal signature, it matters a lot more whether it is fraudulent or not because the scale of damage is far greater.

    The scale isn't relevant here, because, as you admit, an RSA signature is more secure than a handwritten one.

    and, just as significantly, moving from written signatures to electronic signatures isn't a significant reduction in the security of the system because written signatures aren't very secure to start with. by contrast, moving from a many-eyes manual count to an electronic count is a massive reduction in the security of the system.

    I was simply making the point that moving to an electronic system can, under the right circumstances, improve security.

    the miniscule benefits of electronic counting are greatly outweighed by the risks.

    Unless there actually are fewer risks.

    non-compulsory voting means that voting is done by those most sucked in by the hype.

    Agreed, but it's better than the alternative.

    Imagine, for the sake of argument, you've got an AMD zealot, raving about how AMD will always smoke Intel. And you've got the Intel person, who's looked at some benchmarks. Or maybe they've both looked at biased benchmarks and been wooed by marketspeak.

    I'd much prefer those people making a decision, irrational as it may be, than the grandmother who just walks into a store and buys a Dell, for no particular reason.

    there's certainly potential for problems here, but it's far better than candidates simply ignoring what the majority of people in their electorate want, to concentrate exclusively on what the nutters and corporate interests want (i.e. appease the nutters to get their vote, and do what their corporate masters tell them to do).

    Better still would be trying to actually get the majority to care.

    very few politicians are likable, whether on a personal level or what they stand for. in most elections, it's a choice between two evils - and the sensible voter votes for the *lesser* of two evils, the one they think will do the least damage, cause the least harm, make the fewest unwanted changes, offers the most in benefits for the local community.

    Or maybe... I'm a hopeless idealist, but maybe we should try to vote for the one that actually isn't evil?

    overall, compulsory voting has a moderating influence on politics, it tends to encourage policies towards a middle-ground that the majority of voters can accept or perhaps even be comfortable with, which is as good as compromise as any (and better than most).

    It also seems like it would tend to encourage stagnation. The middle ground isn't always the best choice. And in any case, I'd think it would tend towards the candidate who will do the least, period.

    Again, it's this sort of voting by default that annoys me to no end. Windows is that kind of choice. Voting for the incumbant, even when they are Bush, is that kind of choice.

    I had a teacher who had a slogan, not sure where else it's from: If you don't know, don't vote.

    think of it as a backup plan. they know that people are beginning to realise that the diebold machines are untrustworthy and not just potentially easy to rig, but have been rigged on a massive scale in the last few elections. so, instead of fixing the problem with a verifiable paper trail ballot, they'll do whatever they can to keep the idea of (easily rigged) electronic voting machines alive...and that involves dangling the next carrot, of a magical technology that will be secure. they promise. you can trust them, they're from the government.

    Except they're not, unless this is astroturf. And also, I don't see why my believing such a thing might exist would keep me from protesting the Diebold machines, or closely scrutiniz

    --
    Don't thank God, thank a doctor!
  117. GNAA CLAIMS RESPONSIBILITY FOR ASSASINATION OF TV by +Mr.+S.+Catman · · Score: 1
    GNAA CLAIMS RESPONSIBILITY FOR ASSASINATION OF TV HERO
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