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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.

66 of 365 comments (clear)

  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 The GPLv2 is old and out of date and though it still works today, will start to crumble in a few years.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      The GPLv2 is old and out of date and though it still works today, will start to crumble in a few years.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 morgan_greywolf · · Score: 5, Funny
      Please explain how a license can "crumble".

      The original GPLv2 was, in fact, printed on a giant cookie.
    3. 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

    4. 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
    5. 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.

    6. 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.

    7. 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

    8. 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.

    9. 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.
    10. 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.

    11. 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!

    12. 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.

    13. 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
    14. 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

    15. 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.

    16. 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.

  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 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.

  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 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. 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 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.

  6. Torvalds: I'm going to fucking bury the FSF! by Anonymous Coward · · Score: 3, Funny

    Have a chair.

  7. 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
  8. 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

  9. "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 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.

  10. 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 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.

    2. 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.
  11. 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 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?).

    2. 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
  12. 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.

  13. 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 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.

    2. 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? ]
    3. 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).

  14. 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?

  15. 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!
  16. 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!
  17. 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 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.

  18. 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.

  19. 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.
  20. 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.

  21. 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.
  22. 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

  23. 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.

  24. 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!
  25. 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.
  26. 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
  27. 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!!

  28. 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?

  29. 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.

  30. 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.
  31. 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.
  32. 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!
  33. 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