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Apple Changes the APSL Rules

aitikin writes "Apple recently changed their license for the OS X kernel. According to semthex's post, Apple has reworded the APSL to prevent him and others from open sourcing the kernel hacking under the APSL: 'This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the 'License'). You may not use this file except in compliance with the License. The rights granted to you under the License may not be used to create, or enable the creation or redistribution of, unlawful or unlicensed copies of an Apple operating system, or to circumvent, violate, or enable the circumvention or violation of, any terms of an Apple operating system software license agreement.'"

177 comments

  1. "Operating system" by BadAnalogyGuy · · Score: 3, Insightful

    I suppose if you stretch the meaning of the words "operating system" like you stretched your mom's belly in the womb, you could somehow come to the conclusion that Apple is trying to restrict you from developing and releasing your little application. If you read it like a normal human being who's stretching your mom's baby hole, you'd understand that Apple doesn't want you to release the suite of open applications as a whole.

    I am disturbed to see that people would jump so hard on this non-issue.

    1. Re:"Operating system" by bhima · · Score: 4, Interesting

      I wouldn't exactly call this a non issue but basically you are right I can still develop my little application and I can still screw around with the OS just like I have been. I suppose I won't be able to go out and buy a dual socket motherboard and two of Intel's new quad core chips and gobs of memory and expect to easily or legitimately run Mac OS on it. But I'm fairly sure that does not impinge on my liberty or my human rights.

      Nice bad analogy... btw.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    2. Re:"Operating system" by MicrosoftRepresentit · · Score: 0

      Indeed. I fail to see how this affects anyone's kernel hacking, unless of course they were hacking in such a way that it enabled the violation of other Apple licenses, and they intended to release it. If thats what this guy was doing, all I can say is tough shit, hippy.

    3. Re:"Operating system" by burnunit0 · · Score: 1

      Wait wait. Are you saying people are stupid? Or my mother's a whore? Or wait, is that your mom? Wait, apple's in somebody's...uh ... (shudder)... "baby hole"? AAPL out of my mother's uterus!

      --
      yes. that's all I'm going to say in all comments from now on.
    4. Re:"Operating system" by kypper · · Score: 1

      Insight mixed with yo' mamma jokes. Who knew?

    5. Re:"Operating system" by drinkypoo · · Score: 5, Insightful
      Indeed. I fail to see how this affects anyone's kernel hacking, unless of course they were hacking in such a way that it enabled the violation of other Apple licenses, and they intended to release it. If thats what this guy was doing, all I can say is tough shit, hippy.

      Once you pay for a product, according to first sale law, you are permitted to make modifications to it.

      The DMCA prohibits most reverse engineering, except that which is done for the purposes of interoperability. While this does not involve reverse engineering (the code is provided) I feel that this indicates a legal attitude that interoperability is valuable and protected.

      Making the software run on hardware not approved by Apple is an interoperability issue.

      Running the software on non-Apple hardware is a violation of the license.

      A kernel patch that would allow the software to run on non-Apple hardware would seem to provide only interoperability, and would seem to be valid under first sale law, which protects your rights to make modifications to things which you have purchased.

      Apple is both relying on the legal validity of a shrink-wrap license which you do not sign, AND doing all they can to take away your first sale rights.

      Apple is seeking to separate you from your rights. This is wrong no matter what you say about it. Apple is also strengthening the validity of the shrinkwrap license if they pull this off, which benefits no user.

      If you accept this kind of behavior from Apple, they will continue to step on your rights.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:"Operating system" by BoomerSooner · · Score: 1

      Jesus where are mod points when i need them! KUDOS Mr. MakesSense!

    7. Re:"Operating system" by aristotle-dude · · Score: 1
      "Once you pay for a product, according to first sale law, you are permitted to make modifications to it.

      Yes, if you buy a product, you can make modifications to it but it does not give you the right of sale of copies of either the modified product or original. In the case of software, you are not purchasing a product but rather a license to use the software. It does not matter whether you received it as physical media or a download.

      Apple is both relying on the legal validity of a shrink-wrap license which you do not sign, AND doing all they can to take away your first sale rights.

      Let me make this clear. You do not purchase the product but rather a license to use the software. You do have a right of first sale of the license. It does not matter whether you have signed the license because it is the license which you are purchasing. You do not own the software, the copyright owner owns the software.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    8. Re:"Operating system" by NemosomeN · · Score: 2, Insightful

      This doesn't stop you from making OSX run on stock hardware, it just says that if you want to do that, you can't use their source. This basically says you have to reverse engineer in a clean room for it to be legal. This makes things very complicated, since almost anyone who cares enough to reverse engineer is going to have a hard time not being tainted. (Having seen old code wouldn't make you "tainted" though). This would be akin to ReactOS having to stay clear of the Win 2k source that is floating around, except in this case the source is gift-wrapped on their doorstep with a "Do no open!" sticker on it. (This analogy is flawed in that nobody can tell if you opened the present.)

      --
      I hate grammar Nazi's.
    9. Re:"Operating system" by xenocide2 · · Score: 1

      The silly thing is that anybody interested in using Apple's source to remove copy protection from OSX won't be bothered by the small hurdle of violating a license agreement. But AFAIK, XNU is the OSX kernel, and there is source code available. I have no idea how hard you'd have to stretch your personal concept of "Operating System" to where running traditional OSX binaries on a modified / recompiled version of the XNU, but for me, at least, that's really where the OS is at. Not a collection of software, but more like 'the program on a computer that's always running.'

      So to me, this is indeed something of a threat to those interested in XNU and those interested in modifying it, and not a threat to those who intend to write small simple applications on top of it, as the GP seemed to suggest.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    10. Re:"Operating system" by drinkypoo · · Score: 3, Informative

      Let me make this clear. You do not purchase the product but rather a license to use the software.

      Let me make this clear. That is far from a given and it can be argued either way in court. Please read this wikipedia bit on The first-sale doctrine and computer software before you come on like a hard-on again - while I am not a lawyer, clearly you are not either, and you should be sure you know what you're talking about before you open your big fat mouth. To wit, from the linked page:

      Federal district courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains a EULA prohibiting resale. In the Softman case, after purchasing bundled software (A box containing many programs that are also available individually) from Adobe Systems, Softman unbundled it and then resold the component programs. The court ruled that Softman could resell the bundled software, no matter what the EULA stipulates, because Softman had never assented to the EULA. Specifically, the ruling decreed that software purchases be treated as sales transactions, rather than explicit license agreements. In other words, the court ruling argued that California consumers should have the same rights they would enjoy under existing copyright legislation when buying a CD or a book.

      In a more recent case involving software EULA's and first-sale rights [Davidson & Associates v. Internet Gateway Inc (2004)][2], the US District Court for the Eastern District of Missouri issued a ruling which appears to contradict the position of the district courts in California and Texas. The first sale reasoning of the Softman court was challenged, with the court ruling "The first sale doctrine is only triggered by an actual sale. Accordingly, a copyright owner does not forfeit his right of distribution by entering into a licensing agreement." In addition, the court found the plaintiff's EULA, which prohibited resale, was binding on the defendants because "The defendants .. expressly consented to the terms of the EULA and Terms of Use by clicking 'I Agree' and 'Agree.'" This runs counter to Softman v. Adobe. The difference in these rulings has yet to be resolved by a higher court.

      Or, as I said, it could be seen either way. It has not yet been resolved, so this falls into the area of legal ambiguity.

      Ultimately, as Greg Graffin says in the song he wrote for the punk band he's fronted since the eighties, Bad Religion, entitled "YOU ARE THE GOVERNMENT":

      You are the government.
      You are jurisprudence.
      You are the volition.
      You are juridiction.
      And I make a difference too.

      You are clearly purchasing a product when you buy software, especially if you are given the physical media. Outside of copyright law, you have the right to do anything you like with the physical media. When I buy a magazine, I am not interested in the physical magazine so much as the data, yet I can do anything I like with either one so long as I am not violating copyright law.

      How is software any different? I have purchased a physical copy of the media; the law says that so long as I transfer it and any copies, it is irrelevant whether it is software, music, or a book; I may sell it to another.

      If you think that's it's okay that this is the way the system works, then that's fine. Live within its confines and, as it closes on you, reflect that YOU ARE THE GOVERNMENT.

      I think if there's one thing we can do to bring about societal change, it should be to inform all citizens that, as potential jurors, they can vote "not guilty" not only if they feel that a person did not violate the letter of the law, but also if they feel they

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:"Operating system" by aristotle-dude · · Score: 0
      Dude, I stopped reading after the first paragraph. Learn to express yourself more concise and post links instead of long quotes. Copyright exists in order to prove an incentive for people to create new content.

      If you were to create something creative, would you not expect people to respect your copyright?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    12. Re:"Operating system" by Anonymous Coward · · Score: 0

      > You do not purchase the product but rather a license to use the software

      Same old tired argument that the control freaks have been foisting on us for yours. When I plunk down money and am given a tape, magnetic media disc, or a CD, then, in all reality, I have purchased a product. If I take that product and use it for skeet, that's my business. If I happen to have another device which uses this product to put digital designs on my computer monitor, or make sounds from my speakers, then that is the product which I have purchased. I should be able to do whatever I like with that product because I purchased it. If the company which sold it to me feels that they aren't getting a good enough deal they are free to either raise the price of the product or restrict future sales.

      This whole bit about licensing is a complete denial of reality. It is an artificial construct, supported by greed driven executives and megalomaniacal politicians, used to leverage control against the consumer population and poison them against each other by inspiring fear in weak minded creators, authors, and artists who buy into the FUD.

    13. Re:"Operating system" by Afecks · · Score: 1

      What the hell kind of analogy is that? Womb? Baby hole? This is insightful?

      /head asplodes

    14. Re:"Operating system" by drinkypoo · · Score: 2, Insightful
      Dude, I stopped reading after the first paragraph. Learn to express yourself more concise and post links instead of long quotes. Copyright exists in order to prove an incentive for people to create new content.

      Short-term copyright existed in order to provide an incentive for people to create new content.

      Our current long-term system of copyright is the result of legislation purchased by big media; the latest extension was a clear and obvious conflict of interest, being pushed as it was by Sonny Bono. Its purpose is to protect media monopolies and to minimize the amount of new content which must be created, because the old stuff can be milked eternally.

      If you think that Disney's not going to step up with another wad of cash looking to buy more legislation when Mickey would end up in the public domain for the third time, you're not thinking.

      If you were to create something creative, would you not expect people to respect your copyright?

      Sure I would. However, I wouldn't expect the system to create that monopoly for as long as it currently does; that way lies stagnation, and if you pay attention you'll notice that the amount of creativity in hollywood, or in the music industry, is not exactly at a high point. Almost everything being produced is actually a pathetic rehash of an idea that, frankly, predates copyright. I mean, if copyright were extended to something not substantially different from the original, then assuming that Romeo & Juliet were even allowed to be written (it's not like willie the shake was entirely original either) then we wouldn't have a West Side Story, let alone a William Shakespeare's Romeo & Juliet starring Leonardo DiButtboy and what's-her-head that looked like she was 13 years old in that movie. And why shouldn't it be extended to concepts and not just implementations? It's a totally artificial concept anyway, an act of government providing a monopoly. In a truly free market, there would be no copyrights, no patents, and those who can, would.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:"Operating system" by bhima · · Score: 1

      You are absolutely right but the vast majority of the people interested in modifying XNU want to do so in order to run MAC OS on white box hardware.

      How many people do you know of that are using XNU in some innovative and interesting way that is eliminated by this new license agreement... so far I'm counting 1 and he's pretty questionable.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    16. Re:"Operating system" by drinkypoo · · Score: 2, Insightful

      Even if you are correct, it's still true that this is no longer Free software, since Apple is restricting the uses to which you can put your modifications and prohibiting you from distributing them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:"Operating system" by Baricom · · Score: 2, Interesting
      Dude, I stopped reading after the first paragraph. Learn to express yourself more concisely and post links instead of long quotes. Copyright exists in order to provide an incentive for people to create new content.

      If you were to create something creative, would you not expect people to respect your copyright?
      1. Before criticizing people for being long-winded, please consider not making two English errors in four sentences.
      2. Copyright is a lease. The public, which owns the idea, grants the creator a right, for a reasonable yet limited time, to profit off his/her/its work, subject to fair use conditions. I don't consider copyright terms of a century to be a reasonable amount of time - this harms the public more than it benefits it, because copyright holders can make money selling the same work over and over again in lieu of making new, original work.
    18. Re:"Operating system" by xenocide2 · · Score: 1

      How many people do you know of that are using XNU in some innovative and interesting way that is eliminated by this new license agreement... so far I'm counting 1 and he's pretty questionable.

      Unless you count running OSX on a laptop you already own as interesting... ;)

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    19. Re:"Operating system" by mrchaotica · · Score: 1

      Dude, way to make yourself look like an asshole by completely failing to address his arguments and criticizing his presentation instead. Apparantly, you have no actual rebuttal, and therfore you've lost. Just be a man and admit it instead of whining next time!

      --

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

    20. Re:"Operating system" by mr_matticus · · Score: 1

      Actually, if you'd noticed the nuances of those decisions, you'd see that it applies to resale of software--something which is ostensibly permitted by the purchase of a license. HOWEVER, modification of that software has not been questioned in either case cited by Wikipedia. In any event, most Wikipedia editors are decidedly biased in this issue, and the wording is left ambiguous so people like you, never having read the actual decisions or worked on this issue professionally, misinterpret the decisions of the court case.

      Your purchase of the license does not entitle you to any interoperability rights not conferred by the license. You may do as you wish with the disc itself, but copyright law doesn't govern the disc, and manipulation of the contents of the disc does not fall under First Sale. This is a legal question which has not come under scrutiny and one which is not ripe, in the technical, legal sense, for debate. Like it or not, outside of the little rebellious tech circles you float around in, this isn't a question. Companies and individuals are allowed to license usage of their property in any manner they see fit right up until it violates an applicable law. Microsoft can't tell you what to do with that XBox disc, but they certainly may tell you how you can use what's on it.

      As for your little jury tirade, it's a misdirected and inaccurate rant. Jurors are empowered to decide the facts of a case; they are bound by Jury Instructions or Special Jury Instructions, which are written by lawyers and signed by judges as court orders. There are specific guiding questions in those instructions, and an impaneled jury is NOT empowered to make any quality judgments about the law not included in those instructions. To do so, or to incite others to follow suit, is then a violation of court order and an act of contempt. Jurors are not judges, and they do not get to decide whether a law is valid; they may only determine whether a defendant violated the law and if so, whether it was appropriate under the circumstances to do so.

    21. Re:"Operating system" by NemosomeN · · Score: 1

      I was under the impression that it was never really Free software in any sense of the word.

      --
      I hate grammar Nazi's.
    22. Re:"Operating system" by tubs · · Score: 1

      I know you don't like Wikipedia, but have a quick look at this ...

      http://en.wikipedia.org/wiki/Jury_nullification

      --

      try to make ends meet, you're a slave to money, then you die

    23. Re:"Operating system" by Spock+the+Baptist · · Score: 1

      "As for your little jury tirade, it's a misdirected and inaccurate rant. Jurors are empowered to decide the facts of a case; they are bound by Jury Instructions or Special Jury Instructions, which are written by lawyers and signed by judges as court orders. There are specific guiding questions in those instructions, and an impaneled jury is NOT empowered to make any quality judgments about the law not included in those instructions. To do so, or to incite others to follow suit, is then a violation of court order and an act of contempt. Jurors are not judges, and they do not get to decide whether a law is valid; they may only determine whether a defendant violated the law and if so, whether it was appropriate under the circumstances to do so."

      Ever heard of John Peter Zenger?

      The above quote is just flat out bunk...

      There are many members of the Bar that do not like jury nullification one little bit, especially prosecutors. In reality nullification happens. It may very well gall the socks off judges, and prosecutors, but it is none the less a reality that they have to deal with.

      As for being a violation of a court order I double dog, shootfire, I triple dog dare ANY judge to hold ANY juror in contempt for nullification.

      STB

      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    24. Re:"Operating system" by mr_matticus · · Score: 1

      Please read more carefully. Juries are not empowered to make decisions on the validity of the law as a general statement. Jury nullification only applies to the case at hand. Their opinions on the law do not impact the law itself, only whether the person was acting appropriate, irrespective of the law.

    25. Re:"Operating system" by bhima · · Score: 1

      Actually, unless you yourself modified the code, I'd call it lame: anyone can follow a described path.
      Additionally Apple already makes laptops... so running OS X on a some random laptop is bland.

      All you did is save some money, that's hardly unique or interesting.

      Do something that Apple hasn't thought of, one that's worth commenting on, otherwise you are doing nothing more interesting than I am... and I'm using my my Apple to watch my fish. Fuck, that's like watching paint dry!

      Some ideas:

      ZFS for Mac OS
      USB true random number generator for around 50 USD
      An Altivec, or SSE3 or whatever Intel is calling it these days, big number library (Xcode C, ObjC 2.0!, C++)
      A combination of Waacom Tablet & Apple MacBook for a tablet (I'd pay for that!)
      An express slot hardware encryption accelerator

      Failing that I guess you could help me finish a device that monitors salt water aquariums; but if you don't do clinical chemistry sensors professionally (as I do) I doubt you'd have much to contribute. Xcode is so easy even I can come up with a GUI.

      So how is it that the new Apple license is restricting your creativity?

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    26. Re:"Operating system" by mr_matticus · · Score: 1

      Yes. That supports exactly what I said. Juries do not have the right to make moral judgments on the law as a whole; they are empowered only as to determine the case before them. Their decision may reflect an opinion on the law, but to describe that position as a determination of the law itself would be a case of post hoc, ergo propter hoc. In the practice of making a determination, a jury considers the law as it applies to the questions of fact before them. A jury is not a protest or a rally and it is not a venue for voicing your beliefs about society in general--a person hangs in the balance and deserves not to be treated as a symbol for someone to make a point. What Wikipedia leaves out is that jury nullification doesn't have any effect on anyone unless it is more than an isolated occurrence. If one jury lets someone off the hook despite clearly having broken the law, few people will take notice, aside from the appellant attorneys. It takes a substantial number of such instances before anyone questions the law.

      There is no question that personal motivation sways the decision of a juror, and there is no question that juries exercise this power in practice. However, jury nullification can easily be overturned by a judge--and it does happen. There is no guarantee that it will impact the trial itself, much less society as a whole. Perhaps you misunderstand the fine point of my argument--the legal system, which deals with issues on a case-by-case basis, cannot be used to sway law. No jury is empowered to overturn a law for society; it may only go as far as to release one conviction. Effecting change in society requires more than jury nullification.

    27. Re:"Operating system" by xenocide2 · · Score: 1

      A combination of Waacom Tablet & Apple MacBook for a tablet (I'd pay for that!)
      I haven't tried it, partly because I don't own a valid copy of OSX, but one could probably throw OSX on a tablet PC like my Toshiba Tecra; Linux mostly works, I don't see why it would be a challenge to get OSX to cooperate.

      Apple isn't restricting my creativity; I primarily use Linux, if only because I find "only saving myself some money" worthwhile and interesting. They're certainly restricting the creativity of people who want to legally do things like put OSX on a tablet PC. Most people I know aren't very concerned with that, but it does force them to be somewhat mysterious and underground about it when it isn't legal.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    28. Re:"Operating system" by mollymoo · · Score: 1
      They're certainly restricting the creativity of people who want to legally do things like put OSX on a tablet PC.

      Putting OS X on a tablet PC or any non-Apple hardware was and always has been against the terms of the license for OS X and thus illegal. The only thing they are stopping you doing is hacking the kernel to make it run on non-Apple hardware - something you could previously write and release the code to do, but you have never legally been able to actually test that code by running OS X on non-Apple hardware. Apple would find it hard to prove in a court of law that someone actually tested their hack, so this is merely another way of enforcing exactly the same OS X license restrictions.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    29. Re:"Operating system" by Anonymous Coward · · Score: 0
      I hate grammar Nazi's.

      It's funny that adding that apostrophe in there makes it an incomplete sentence.

    30. Re:"Operating system" by Anonymous Coward · · Score: 0

      Tell that to the Bnetd project. Blizzard won.

    31. Re:"Operating system" by tofferr · · Score: 1

      So if I buy a book I should feel free to do anything I want to it - including making copies and selling them?

    32. Re:"Operating system" by NemosomeN · · Score: 1

      Yeah. That's the joke.

      --
      I hate grammar Nazi's.
    33. Re:"Operating system" by that+this+is+not+und · · Score: 1

      It was Open Source, by the Open Source Definition. No, it has never, ever, been Free Software.

      I'm kinda wondering if OpenDarwin is subject to these restrictions. I thought that was what MacOS runs on, but haven't kept up on it. I've run Darwin a few times on both Apple and Intel hardware. Can't Darwin/x86 be twisted into running a MacOS X userland?

    34. Re:"Operating system" by tubs · · Score: 1

      But the Jury nullification can do just that (overturn a law for society) - it can bring about far reaching reforms that could still be with us in 500 years time.

      But as you say, the majority won't - OJ Simpson not being convicted didn't change the murder laws, but Penn not being convicted resulted in the right of trial juries to decide cases according to their convictions.

      --

      try to make ends meet, you're a slave to money, then you die

    35. Re:"Operating system" by Spock+the+Baptist · · Score: 1
      Jury nullification only applies to the case at hand.


      Indeed.

      STB
      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
  2. Ah well. by Funkcikle · · Score: 5, Insightful

    Apple attempts to plug license hole which was used to circumvent Apple's valid (even if unwelcome) desire to protect own commercial interests. Locals up in arms. Villagers outraged.

    1. Re:Ah well. by elrous0 · · Score: 4, Insightful
      Apple is a corporation. The only "interests" they keep in mind are their profits. Too many people talk about Apple like they're some sort of fracking philanthropy that only makes money as a side-effect of their noble works. They're not. They're a business and they have an obligation to make money by selling their products, not just giving them away.

      Apple doesn't want you porting their OS over to your generic Intel system. They want you to buy one of THEIR systems. Deal with it.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Ah well. by robvs68 · · Score: 1

      Mr. Jobs, the peasants are revolting!

      Yea, I Know, they stink on ice.

    3. Re:Ah well. by jay2003 · · Score: 1

      I agree that Apple is trying to stop people from running their supposedly open source OS on non-Apple hardware. Since locking the OS to Apple hardware is what they are trying to acheive, they should make that condition part of the license instead of adding some weenie intent based clause. Apple is trying to implictly add this condition so their marketing department can still claim Apple supports open source. This kind of duplicity makes me feel ill. Microsoft at least has courtesy not to try to deceive the public about the openness of their operating system.

    4. Re:Ah well. by sethstorm · · Score: 1

      They want you to buy one of THEIR systems. Deal with it.
      I did deal with it by buying one of these fine machines. OS X did work on it despite the software design against such. Durable, maintainable and well appointed.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    5. Re:Ah well. by bandmassa · · Score: 1

      Amen! Most first purchase laws cover hardware. First purchase laws don't necessarily cover intellectual property, and in most countries, first purchase protection is a tort, not a statute and can be overridden, anyway. There will be no Apple if they don't make it a breach of the licence agreement to run Apple's software on non-Apple hardware. Apple are a hardware company who just happen to not outsource their software, so they have every right to protect their product by any legal means necessary. They actually don't have to open ANY part of the kernal if they don't need to, I'm sure they have a version of Darwin which doesn't spring from the open tree, and could easily swap that one in at any time.

      --
      "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
  3. Excellent phrasing by msobkow · · Score: 3, Interesting

    I think Apple has done a very smart thing for a CSL (customer source license) by specifically limiting the use in such ways.

    I would be more restrictive -- the source is available for debugging purposes only, and may only be modified through it's core project. I view using/linking CSL code as a variant on LGPL -- I don't care about the specifics of how code is linked (static, DLL, dynamic, whatever), just that any and all changes to such code must be submitted to the core project regardless of where someone deploys the changes.

    i.e. No GPL escape clause of "internal use only" that lets weasels try to lawyer their way out of releasing changes by hiding apps behind web interfaces (the equivalent of screen scrapers IMNSHO.)

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Excellent phrasing by Anonymous Coward · · Score: 2, Insightful

      I think you need to read up on the current state of Apple's open source development initiative. I believe the process for submitting a kernel patch goes something like this:

      1. Obtain the source by reaching up into the ivory tower and taking it. Notice that you're fetching tarballs over http, not svn or cvs. I'll bet that's current.
      2. Beat yourself with a stick trying to build it until you discover darwinbuild.
      3. Develop your patch.
      4. Submit a bug to the Radar.
      5. Announce it in Darwin-kernel.
      6. Wait.
      7. Wait some more...
      8. Read this and give up.
      9. Go back to whatever *BSD you came from, fool.

      So far Apple has done open source as a publicity stunt, not for open source. If it truly were for open source it would have to be run a lot more like the BSD projects are and not like some corporation trying to keep their secrets all tied up by any means necessary. Even if it means crippling Darwin as an OS. If it were truly for open source, they wouldn't use a proprietary build system, either. I suppose we ought to be happy that we even get tarballs, but it doesn't mean I can't be bitter about it. While this may pass some suit's standard for open source, it is clearly not acceptable nor does it pass for what I consider "open source".

    2. Re:Excellent phrasing by Maximalist · · Score: 2, Informative

      Well, there is no independent exclusive right to "use" code that is licensable under copyright law. The relevant copyright rights are to copy, distribute, publicly display, and to make derivative works. Language about a license to "use" is an invitation to litigation over its validity. Despite the fact that such language is a common meme, its basis in the law is tenuous.

    3. Re:Excellent phrasing by jcr · · Score: 4, Insightful

      So far Apple has done open source as a publicity stunt

      Linux weenies consistently miss the point of Darwin. It's not another BSD distro, it's ther for the convenience of Mac developers who have to work with kernel code, such as driver writers and third-party hardware manufacturers.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:Excellent phrasing by Anonymous Coward · · Score: 0

      I agree, they should switch over to some sort of "shared source" license. Seems to fit their intentions more correctly. Having an open source license with the word Apple in it 50 times is just confusing. And now they have to pull this stunt, it's fairly safe to say it won't pass as an certified OSI license.

    5. Re:Excellent phrasing by Anonymous Coward · · Score: 0

      And how do you "use" code without some form of copying taking place?

    6. Re:Excellent phrasing by jcr · · Score: 1

      And now they have to pull this stunt,

      This is not a stunt, it's their fiduciary duty to the shareholders.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:Excellent phrasing by Anonymous Coward · · Score: 0

      New Apple license lays claim to first born male infants and first choice rights on any females once they reach 18.

      Jcr says: "It's their fiduciary duty to the shareholders. I for one support Apple in this move."

    8. Re:Excellent phrasing by Jah-Wren+Ryel · · Score: 1

      Linux weenies consistently miss the point of Darwin. It's not another BSD distro, it's ther for the convenience of Mac developers who have to work with kernel code, such as driver writers and third-party hardware manufacturers.

      Can you blame the linux weenies for expecting that when Apple talks about Open Source that they actually mean the same thing as everyone else who uses the term?

      --
      When information is power, privacy is freedom.
    9. Re:Excellent phrasing by Anonymous Coward · · Score: 0

      Everyone?

      Is source released under the BSD license Open Source?

      How about the GPL?

      LGPL?

      There are so many flavors, so many variants, of "Open Source" licensing that it's hard to say that Apple's take on it is somehow unique.

      Just because it doesn't fit the GPL mold doesn't mean it's not Open Source. Besides, nobody but that weed-smoking hippie ever thought that the GPL would fly for very long, anyway.

    10. Re:Excellent phrasing by Jah-Wren+Ryel · · Score: 1

      Just why do you think we are talking about the GPL?

      What we are talking about is the claim that the APSL is just for "code inspection" and not actual modification and redistribution. As far as I am concerned it is the ability to modify and redistribute the modified software with minimal to no restrictions that define the general definition of "Open Source" - and "look but don't touch" does not.

      --
      When information is power, privacy is freedom.
    11. Re:Excellent phrasing by jcr · · Score: 1

      Oh, you're so clever. You must be a big hit with all the high-school girls.
      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    12. Re:Excellent phrasing by that+this+is+not+und · · Score: 1

      No, Darwin is for people like me, who have cool older Mac hardware but want to run an Apple-derived OS on it. So I can download a Darwin iso and install it on my Beige G3 tower system. It's pretty nice with X11.

      I could run NetBSD on the G3 instead, and sometimes do. But Darwin is okay.

      I've been too cheap to buy a copy of OSX, especially considering it would have to be an older version supported on the Beige G3. I am definitely NOT interested in buying new hardware. I don't do that. I'm a geek, not a consumer.

    13. Re:Excellent phrasing by IvanXQZ · · Score: 1

      You can install the latest OS X on your Beige G3 by using XPostFacto, available here:
      http://eshop.macsales.com/OSXCenter/XPostFacto
      I've used it. It works. Make sure you have lots of RAM.

  4. This is the sort of thing keeping me away. by Anonymous Coward · · Score: 0

    I've truly considered getting a Mac. From what I've seen, they offer some serious technical and usability benefits. But then we hear about stories like this, which seem very much like something we'd hear out of Redmond. And it makes me want to have nothing to do with Apple or any of their products.

    As great as their software supposedly is, the licensing uncertainty is keeping me away. I like the certainty that the BSD license brings to NetBSD, and that's why I'll continue to use it instead of getting a Mac and running Mac OS X.

    1. Re:This is the sort of thing keeping me away. by Anonymous Coward · · Score: 3, Insightful

      You are so full of shit my cable modem is starting to smell.

      If you bought a Mac, the license change has pretty much no effect on you, since it only targets changes to software that DOES NOT RUN ON APPLE HARDWARE.

    2. Re:This is the sort of thing keeping me away. by inca34 · · Score: 0, Troll

      Why pay the premium on Apple hardware if you have no intentions of running the OS? As far as I'm concerned, if you are going to run one of the BSDs, you ought to do it on primary supported platforms. For example, not Apple hardware.

  5. Re:Must Preserve That Apple Tax by smilindog2000 · · Score: 1

    Expense, yes, but quality no. I'd love to have more Macs around if I could afford them. The ones I have just wont die, and I never tire of looking at them. Of course, I'm perfectly happy typing this response on my Dell Insprion 9300, running Ubuntu.

    --
    Beer is proof that God loves us, and wants us to be happy.
  6. Since WGA worked... by 0100010001010011 · · Score: 0

    Dear Apple, Good luck with that. Love, Billy

  7. Someone at Apple woke up... by Churla · · Score: 0, Flamebait

    Someone at Apple woke up one morning and said..

    "Wait.. you mean that by opening this up we won't have iron clad control over everything the user does with the product? And who is this in bed with me?!?!?!"

    --
    I'm a fiscal conservative, it's a pity we don't have a political party anymore
  8. Apple is more heavy-handed then Microsoft by Anonymous Coward · · Score: 0

    Jobs is worst than Gates. I say boycott all Apple products.

    1. Re:Apple is more heavy-handed then Microsoft by FLAGGR · · Score: 4, Informative

      Yeah, why doesn't Apple just release its kernel under the GPL like Microsoft? Oh wait.

      They're being pretty damn generous even letting you see the source code. If you don't like the license, don't view the source, it's not necissary.

    2. Re:Apple is more heavy-handed then Microsoft by inca34 · · Score: 1

      Oh wait, what's that? News flash, Apple borrows FreeBSD code to base their kernel on and what does the Open Source community get for it? Damn generous? The BSD license doesn't force you to keep the source open, but for fuck's sake, you got it for free. Thousands upon thousands of man hours developing, honing, refactoring code. For free. In the blink of an eye. You're saying you wouldn't at all feel obligated to support the industry that provided you with the basis of your entire wildly popular operating system?

    3. Re:Apple is more heavy-handed then Microsoft by xonicx · · Score: 2, Informative

      They're being pretty damn generous even letting you see the source code.

      its not Their code.

    4. Re:Apple is more heavy-handed then Microsoft by Anonymous Coward · · Score: 0

      high time to realize how generous were the people who gave the initial code under the BSD license, which is the one granting full freedom, including selling profiting and keeping it all for yourself like a selfish little boy.

    5. Re:Apple is more heavy-handed then Microsoft by 99BottlesOfBeerInMyF · · Score: 1

      its[sic] not Their[cp] code.

      Well, they wrote the IO kit component entirely. The Next developers wrote the majority of Mach 3.0, from my understanding, before being acquired. The BSD portion (that is the POSIX part) was partially written by them but mostly by others. Those people, however, licensed it is such a way that others could close the source if they wanted to (which Apple hasn't) or otherwise restrict it (which Apple has). Those developers felt that it was more important to promote adoption of the code than to promote keeping a branch of the code open. As a result, their code has become more widely adopted than it would otherwise, promoting standards and providing several other benefits to those authors.

      So while Apple did nto write all their kernel, they did write a lot and the rest they are using in accordance with the author's wishes. Where's the problem? Unless you're a zealot who thinks everything should be GPL, even if the people who actually did all the work did not think so, I can't see why anyone would argue that Apple has screwed the coders here.

    6. Re:Apple is more heavy-handed then Microsoft by Lonewolf666 · · Score: 1

      If you believe Rob Braun (http://ezine.daemonnews.org/200602/apple.html, link posted by an AC a few posts above), you get to see less and less of the source code.
      Too bad.
      Because Apple uses a few graphics chips with notoriously lousy Open Source support (ATI, NVIDIA). For a short time, I had the idea that looking at their drivers could maybe help Linux development. But now I guess that there is no help to be had from Apple there.

      --
      C - the footgun of programming languages
  9. Re:Must Preserve That Apple Tax by MightyYar · · Score: 1

    It's their right... they developed the software. Your trollish comments about expense or quality have absolutely no bearing on the situation.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  10. They should give up their right. by Anonymous Coward · · Score: 3, Insightful

    Sometimes it makes very good business sense for a company like Apple to give up some of its rights. In this case, they probably should have. There's a very significant trend towards the use of open systems that can be freely modified and redistributed. Apple may not like it, but it's how the software world now works.

    Pulling a stunt like this makes them look extremely bad in the eyes of open source developers and users. Now, you may think that we're a small group. And yes, we are. But we have influence. Our friends and relatives come to us when they're considering a computer purchase. Our managers ask for our technical input on company purchases. When we see this sort of nonsense coming from Apple, it makes us no longer want to recommend their products. While Apple isn't a small company, they do need our support to continue with their strong growth.

    1. Re:They should give up their right. by MicrosoftRepresentit · · Score: 0

      What nonsense? They're stopping people from enabling violation of their licenses! For fucks sake, get a grip.

    2. Re:They should give up their right. by Anonymous Coward · · Score: 0

      Yeah, whatever you say, paco. The problem isn't what those developers are doing. The problem is that Apple's licensing is from an age that has (thankfully) passed us by: the age of proprietary software.

      These days, those of us with any brains expect our operating systems to be open and freely accessible. That's why we don't use Microsoft Windows. That's why many of us are now moving away from Apple, since they're becoming hostile towards open development. We want freedom. That is why some of us use Linux. Those of us who demand even more freedom use FreeBSD, NetBSD, OpenBSD and Dragonfly BSD.

      While they're usually quite good at it, in this case Apple really needs to get with the times. This isn't the 1980s any more, where closed kernels were deemed acceptable. Today we demand source code, and the ability to modify and redistribute that source code. If your product doesn't alway for that, then shits and assrape to your product. We will use alternatives.

    3. Re:They should give up their right. by eldepeche · · Score: 1

      "There's a very significant trend towards the use of open systems that can be freely modified and redistributed."

      Only if all your buddies run Linux. Other than myself, I don't personally know a single person with any interest in modification or redistribution of computer systems. And I'm in grad school, home to some of the geekiest people in the world.

    4. Re:They should give up their right. by MightyYar · · Score: 4, Insightful

      Apple is not a software company. They write software - some of it quite good - but they are a hardware company. At this point, they are phenomenally profitable for a PC vendor, and probably care little about trying to achieve profitability down the road-less-traveled. Arguing that Apple should open source their operating system is like arguing that one of the car manufacturers should open up their engine-control software - it removes a core advantage of their hardware and makes you less likely to buy it. If you are tired of car analogies, use Boeing's flight control software or IBM's mainframe code.

      Now if you want to argue that it is in Apple's best interest to become a software company, you'd have plenty of company. Personally, I think it would be nuts to try to compete with Microsoft and all of the various UNIX-type OSes out there.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    5. Re:They should give up their right. by mysidia · · Score: 2, Insightful

      The restriction is based on an extrinsic, characteristic: how you intend for your modifications to be used.

      This is discrimination based on field of endeavor, which causes software licensed under the new APSL to no longer be open source software.

      It is unlikely that the license with these added restrictions is anywhere close to fitting the OSI criteria for an Open Source software license.

      The restriction may be well-intentioned; however, it causes the software to not be open, since now you can't modify your kernel and release source based on APSL source, if there's any theoretical way, someone could use what you released to circumvent Apple's proprietary OS software.

      Since you have no way of proving that nobody will ever be able to use your work to enable circumvention of Apple proprietary software, it may be that you cannot safely release any software derived from APSL software, without a risk of liability, should it later turn out that someone uses your derived product in some way (which you might or might not have intended), that Apple deems to enable distribution of unauthorized copies of their software.

      Even a simple FTP client, using a small amount of APSL code could be deemed to violate the terms, since it's theoretically possible, the user of your software could connect to someone's FTP server, and use the client to enable receipt of unlawful copies of Apple software.

    6. Re:They should give up their right. by jcr · · Score: 4, Funny

      Apple's licensing is from an age that has (thankfully) passed us by: the age of proprietary software.
      What color are the little elves and pixies on your planet? Are they friendly?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:They should give up their right. by Anonymous Coward · · Score: 2, Interesting

      Mr. John C. Randolph:

      If you have ever been to Europe, you have likely encountered for yourself these "little elves and pixies" that you speak of. For I work at a fairly large European financial institution, and just over a year ago we completed our transition to open source software. Aside from anything we've written for ourselves, we use open source software from the hardware up. Our servers run FreeBSD, and PostgreSQL is used for our relational database needs.

      The benefits have been enormous: we immediately noticed a 35% improvement in performance, even before tuning our systems. After tuning, we were able to eliminate our need for some of the hardware we previously required. The decreased electricity costs alone have made the transition worthwhile.

      Our developers are now free to deal with problems, when they rarely arise, immediately and without worrying about violating some obscure term of licensing. That's the beauty of using BSD-licensed software.

      I know you worked for Apple in the past, so I see your bias in this situation. But we've seen the light, and it does not involve closed source software. We need our systems to work, and we need to have complete control over the software we do use. BSD-licensed software gives that to us, far better than any proprietary software ever has. So unless Apple is going to be as open as the BSD license with their software, we have no use for Apple nor their products.

    8. Re:They should give up their right. by massysett · · Score: 2, Interesting

      Arguing that Apple should open source their operating system is like arguing that one of the car manufacturers should open up their engine-control software - it removes a core advantage of their hardware and makes you less likely to buy it.

      I thought the argument was just the opposite. That is, if Apple is a hardware company, then software is merely a cost center. By this theory, you open source the software to drive down the cost of development so that you can focus on the hardware that differentiates your product. That's what Bruce Perens said anyway.

      That wouldn't mean Apple would open source all its software. Some of its software--like the OS X GUI--do differentiate Apple's products, so Apple would keep that proprietary. But it seems much less likely that the Darwin kernel would be viewed as a differentiating feature of OS X. Perhaps it would make more sense to open source the kernel then.

    9. Re:They should give up their right. by Anonymous Coward · · Score: 0

      "Apple may not like it, but it's how the software world now works"

      man, I'm not sure if you meant that or just forgot to qualify it with "for about 5% of the market"

      putting your statements in context of the tiny portion of the market it represents then it makes sense, but to generalize it to the whole computer market it becomes rubbish.

    10. Re:They should give up their right. by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      Apple is not a software company. They write software - some of it quite good - but they are a hardware company.

      Apple is a personal computer company. They write both software and build hardware, but they are both simply components. Microsoft is a software company. They create one component of a PC, which is assembled by Dell or someone.

      Arguing that Apple should open source their operating system is like arguing that one of the car manufacturers should open up their engine-control software - it removes a core advantage of their hardware and makes you less likely to buy it.

      Hmm, I'd say it is more like arguing Mitsubishi should give away their engines for free to promote sales of their cars. They are competing in the PC space against Dell and HP. No one sells OS's to end users (in real quantities). They are sold to corporations and OEMs that put together systems for end users.

      Now if you want to argue that it is in Apple's best interest to become a software company, you'd have plenty of company. Personally, I think it would be nuts to try to compete with Microsoft and all of the various UNIX-type OSes out there.

      The only way to compete with a monopoly is to sell a complete vertical chain of components including the one they sell as well as other products. Apple sells OS's, but only bundled with hardware and other software. Thus they don't currently compete with Microsoft (which is pretty impossible unless the courts step in). I agree it would be dumb for them to risk everything on such a venture.

    11. Re:They should give up their right. by Gr8Apes · · Score: 2, Insightful

      Isn't that pretty much what the situation is now? I don't recall Darwin being closed, last time I checked.

      --
      The cesspool just got a check and balance.
    12. Re:They should give up their right. by jcr · · Score: 2, Insightful

      I see your bias

      What you call bias, I call experience. Congratulations on migrating to BSD from whatever you were using before, but that in no way means that the "age of proprietary software" is over. Are you giving away your in-house apps that you're developing for your own use? QED.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    13. Re:They should give up their right. by MightyYar · · Score: 1

      Unless opening up the kernel made it easier to run their diffentiating GUI on generic hardware...

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    14. Re:They should give up their right. by Anonymous Coward · · Score: 0

      Yeah, and your vast far reaching influence has had such an incredible impact on the computing world that Linux and the other open-sores that's out there are essentially ubiquitous now and Windows and the mega-corpses out there verily tremble at the mention of Linux.

      Get over yourself, you have zero influence and zero importance.

    15. Re:They should give up their right. by drinkypoo · · Score: 1
      The restriction may be well-intentioned; however, it causes the software to not be open, since now you can't modify your kernel and release source based on APSL source, if there's any theoretical way, someone could use what you released to circumvent Apple's proprietary OS software.

      It is clear that it is not well-intentioned; it is an obvious attempt to deprive you of your rights as a consumer who purchased a product under First Sale law. It's sad that it will probably succeed, but it's even sadder that the majority of Apple fanboys (and girls) will accept it as reasonable when it is in direct contravention of your rights.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:They should give up their right. by NemosomeN · · Score: 1

      Pass the Kool-Aid, you've already drunk enough of it.

      --
      I hate grammar Nazi's.
    17. Re:They should give up their right. by Anonymous Coward · · Score: 0
      Arguing that Apple should open source their operating system is like arguing that one of the car manufacturers should open up their engine-control software - it removes a core advantage of their hardware and makes you less likely to buy it. If you are tired of car analogies, use Boeing's flight control software or IBM's mainframe code.


      Uh, no. If the ECM were so locked down that it couldn't be tweaked and tuned, I would not have bought my car; I'd have bought a '60s muscle car, had the frame taken out and a tubular frame installed, with a modern crate engine. I'm not happy with stock performance, even with an exotic car. The ECM needs to be somewhat open with tuning somewhat supported, even if unofficially, by the manufacturer. Plus, what happens when the manufacturer renegs on its 20-yr support pledge for the vehicle if no one else could create a PROM or an ECM to run the $25K engine? I'd be stuck with a $100K lawn ornament.

      Bad analogy.
    18. Re:They should give up their right. by Trojan35 · · Score: 1

      This is like saying Tivo isn't a software company, they're a hardware company. The only reason Apple or Tivo are around is because of their software. Just because they choose to distribute their primary product through an artificial channel that requires you use their hardware does not mean they are a hardware company.

    19. Re:They should give up their right. by mrchaotica · · Score: 1
      it's even sadder that the majority of Apple fanboys (and girls) will accept it as reasonable when it is in direct contravention of your rights.

      Cheer up -- I switched to OS X three years ago, but am switching back (to Linux) as soon I get a new laptop (i.e., once the one I want finally comes out) partly because of this.

      --

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

    20. Re:They should give up their right. by MightyYar · · Score: 1

      You can load an aftermarket PROM on your ECM, and you can load Linux or Windows on a Mac... the analogy fails how? GM does not provide source for its ECM software, as far as I know.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    21. Re:They should give up their right. by MightyYar · · Score: 1
      This is like saying Tivo isn't a software company, they're a hardware company.

      Which is, in fact, my contention. When you buy a car it has an engine computer that runs very critical software. Does this make GM a software company? When you buy a TV, it has software that controls every aspect - from color correction to the digital tuner... does this make Zenith a software company? Almost everything has software in it these days. You are free to define a software company in any way you choose, but for me it would be a company that derives it's primary income through the sale of software.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  11. More licensing options by WillAdams · · Score: 1, Interesting

    I _really_ wish Apple would work out more licensing options --- if they're not going to make a replacement for my Newton MessagePad, the least they could do would be to allow licensing Mac OS X for use on hardware which doesn't compete w/ their products.

    As much as I like my NeXT Cube at home, and Mac OS X at work or on my wife's Powerbook, I'm simply not willing to give up the flexibility of having a tablet computer w/ integrated graphics tablet capability (I currently use a Fujitsu Stylistic), or to go back to schlepping a graphics tablet around w/ my laptop as I did before I got my NCR-3125.

    William
    (who really wishes that there was a better handwriting recognition system for Linux than xscribble)

    --
    Sphinx of black quartz, judge my vow.
    1. Re:More licensing options by bhima · · Score: 1

      how is that Fujitsu working out for you?

      I'd seriously love to have a Tablet running Mac OS but I've just about given up on Apple.

      Is the Linux support decent or was it a pain in the ass to get everything working as it should?

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    2. Re:More licensing options by WillAdams · · Score: 1

      Unfortunately, I haven't been able to go the Linux route, 'cause I'm not willing to give up RitePen, so I'm running Windows 2000, which at least is reasonably tolerable compared to 98 or XP.

      William

      --
      Sphinx of black quartz, judge my vow.
  12. Re:Slashtards by bedouin · · Score: 4, Interesting

    The key difference being, those who choose (notice the emphasis on choose) to run OS X to fulfill their computer needs enjoy their experience. I support Apple because I think OS X kicks ass, and have no trouble paying to enable further development of a solid OS and cool hardware. Seeing teenagers download my favorite OS for free, or seeing the experience cheapened in the eyes of others because its running on unsupported hardware bothers me.

    And Microsoft already does do this; last time I checked I couldn't recompile XP to run on my PPC PowerMac. None of Microsoft's licenses are even close to open source, while a number of Apple's key technology are.

  13. Summary: by countach · · Score: 2, Interesting

    Summary: "This licence can't be used to create unlicenced copies".

    DUH. That doesn't rule out much. You can't do that on the GPL either.

    1. Re:Summary: by aristotle-dude · · Score: 1
      Exactly. I don't know where these slashdotters got it into their heads that the GPL somehow magically removed all copyrights. The GPL does not remove any rights from the copyright holders and the copyright holders can at any time remove their source from public view and cancel use of any code they write in the future under the GPL.

      For example, if someone created a project under GPL and they were the sole contributor or had all contributors assign their rights to them as the main contributor to the project, that person could at any time take their source and walk away announcing that any future source they would write would not be GPL'ed. Say that someone decided to continue the GPL'ed code, that person would not have any right to include any source written by the original author after they revoked the license in their GPL'ed project. It would be copyright infringement if they did.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Summary: by Anonymous Coward · · Score: 1, Informative
      Uhhh, wtf are you smoking. Read the GPL. One of the first thing it talks about is about guaranteeing freedom.

      By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users... To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights.

      Read in particular section 4 and 6 of the GPL. It says:

          4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

          6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      You can't take a code that is GPL'ed, and turn around a year later and say "oh sorry, it's no longer GPL'ed". Which is why forks can exist, they took GPL code, and continued to maintain it, regardless of what the original copyright holder decided to do with their code. Now, if the forks people want to dual-license it, they would have to get permission from _all_ the original holder, because he is the only one who can sublicense the code.

      Maybe you worded it wrong, but your statement could be taken in either of two ways:
      1. Coder writes code. Coder GPL codes. Coder revokes GPL code. Coder is saying that you can't use code that was GPL'ed.
      2. Coder writes code. Coder GPL codes. Coder revokes GPL code. Coder writes some more code. Coder says you can't use the additional code that was not licensed under the GPL.

      GPL protects against case #1. If it didn't, it'd be no better off than closed source software, because it does not guarantee the freedom that the GPL provides, mainly the right to modify and distribute those modifications. GPL has nothing to do with case #2. The additional code that was not licensed under the GPL is not governed by the GPL, only copyright law (and any additional license).

      --sf
    3. Re:Summary: by mollymoo · · Score: 1
      For example, if someone created a project under GPL and they were the sole contributor or had all contributors assign their rights to them as the main contributor to the project, that person could at any time take their source and walk away announcing that any future source they would write would not be GPL'ed. Say that someone decided to continue the GPL'ed code, that person would not have any right to include any source written by the original author after they revoked the license in their GPL'ed project. It would be copyright infringement if they did.

      Only if exactly zero people had received copies of that code, in which case it really wouldn't be much of a loss. You couldn't force them to give you a copy, but they couldn't stop anyone who already had a copy from excercising the rights the GPL confers - including redistribution and modification. That is the whole point of the the GPL - once you have it, you can modify and redistribute it.

      --
      Chernobyl 'not a wildlife haven' - BBC News
  14. Re:Slashtards by chill · · Score: 2, Insightful

    And Microsoft already does do this; last time I checked I couldn't recompile XP to run on my PPC PowerMac. None of Microsoft's licenses are even close to open source, while a number of Apple's key technology are.

    That's because Microsoft is honest about their position towards FOSS and Apple isn't. At least you know where you stand with Microsoft, but with Apple, they do the bare minimum with FOSS -- just enough to let the Apple fanboys use the argument "Apple DOES do Open Source! What it isn't open ENOUGH for you? Fanatic."

    Seeing teenagers download my favorite OS for free, or seeing the experience cheapened in the eyes of others because its running on unsupported hardware bothers me.

    Seeing your precious OS-X running on Dell bothers you? The experience is cheapened by not being on Apple-branded hardware? I know this is Slashdot and all, but you really need to get a life. It is software for Christ's sake, not your little sister.

    --
    Learning HOW to think is more important than learning WHAT to think.
  15. indignant surprise in 3... 2... 1 by Gothmolly · · Score: 0

    Reminds me of the old "frog and scorpion" or "Navajo and the snake" stories... someone gets together with a known enemy (OSS advocates cozying up to Apple), and then later, when the enemy screws them over, they get all indignant and surprised.

    --
    I want to delete my account but Slashdot doesn't allow it.
  16. Re:Slashtards by shudde · · Score: 1

    Seeing teenagers download my favorite OS for free, or seeing the experience cheapened in the eyes of others because its running on unsupported hardware bothers me.

    I agree... there's nothing more reprehensible than teenagers leeching and hacking away at operating systems. Sure, some might argue that we've had some amazing software developed as a result of nefarious kids like these but that's proved inadequate when balanced against the posters (and Apples) discomfort.

  17. No longer open source? by mjg59 · · Score: 2, Interesting

    The fact that the license prohibits you from doing illegal things may not be a problem. However, it also appears to to claim that you may not modify the software in such a way that it allows the circumvention of EULAs. Depending on jurisdiction, there appears to be some degree of uncertainty about whether EULAs are legally enforcable. So, in effect, one of the limitations of this license may be that it prevents you from doing some things that are perfectly legal, but which Apple don't want you to do. It's pretty easy to argue that that sort of restriction prevents it from genuinely being an open source license, in much the same way that a license that said "You may not use this code to produce a Windows version of the product" wouldn't be an open source license.

    Note that I'm not passing any sort of judgement on Apple here. It's their code, and they absolutely have the right to do what they want with it. I'm surprised that they feel that unauthorised use of the OS on PCs is sufficiently important that they need to restrict their license terms to make it harder, but, well.

    The GPL doesn't limit this sort of thing - you're permitted to use the code for anything, but there are certain limitations on how the resulting work may be distributed. The distinction is subtle, but real.

    1. Re:No longer open source? by aristotle-dude · · Score: 1
      The GPL doesn't limit this sort of thing - you're permitted to use the code for anything, but there are certain limitations on how the resulting work may be distributed. The distinction is subtle, but real.

      The GPL prevents you from releasing binaries only to the public. That is a hard limitation since you cannot use GPL'ed code with in house developed proprietary code without being forced to release it as GPL as well giving away any competitive advantage your company may have had over the competition.

      I think most slashdotters do not have a bloody clue how business works. Their only inkling of knowledge comes from the Underpant Gnome College of Business.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:No longer open source? by mjg59 · · Score: 1

      That's a restriction on means of distribution, not a restriction on use. You're perfectly welcome to use it with your in-house code, providing that everyone who receives a copy of the binary can have a copy of the source. The additional restrictions to the APSL mean that there's no way to use it if that would result in people being able to breach Apple EULAs.

    3. Re:No longer open source? by Ibn+al-Hazardous · · Score: 1

      It's their code, and they absolutely have the right to do what they want with it.

      I'm not sure about the ratios - but isn't it in fact a Mach kernel and some BSD-code, with a number of changes/adaptions by Apple? Do you know anything about the Apple:BSD ratio on the copyright?

      Anyway, my point is that Apple has the right to do what they want with the code - but it's not quite their code for all that.

      --
      Yes, I am a biological organism. All rumors to the contrary are just that, rumors.
  18. Don't compare yourself against the worst. by Anonymous Coward · · Score: 1, Insightful

    It's not good to compare yourself against the worst that is out there. We see many American politicians and media pundits do it, when they state that America's human rights record is better than that of shitholes like Uzbekistan and Rwanda. Yeah, I'd fucking hope it's better!

    Likewise, just because Microsoft isn't open with their kernel source code doesn't mean that Apple shouldn't be, either. Apple should be comparing themselves with the best of the best, including Linux, FreeBSD and Solaris. All three of those systems have source code that is widely and freely available for modification and redistribution. Apple needs to get with the times.

  19. Re:indignant surprise in 3... 2... 1 by AslanTheMentat · · Score: 1
  20. Darwin is no longer Open Source by sfraggle · · Score: 4, Informative
    People are missing an important fact here: Darwin is no longer Open Source under the Open Source Definition:
    • 3. Derived Works


      The license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software.

    • 5. No Discrimination Against Persons or Groups


      The license must not discriminate against any person or group of persons.

    • 6. No Discrimination Against Fields of Endeavor


      The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

    --
    were you expecting to see a sig here? perhaps you'd rather see the inside of an ambulance!
    1. Re:Darwin is no longer Open Source by aristotle-dude · · Score: 1

      Where in that definition does it say that any open source license removes to right of copyright owners to protect their rights? Go read up on the GPL, nowhere does it remove the copyright from the original authors. These licenses are merely a way of extending certain rights to others who would otherwise not have such rights but they do not reduce or diminish in any way the copyright of the original authors.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Darwin is no longer Open Source by sfraggle · · Score: 1

      Open Source licenses must not discriminate based on "field of endeavor". The license discriminates against people whose field of endeavor is to hack the OS to run on non-Apple hardware, therefore it is not Open Source.

      --
      were you expecting to see a sig here? perhaps you'd rather see the inside of an ambulance!
    3. Re:Darwin is no longer Open Source by dwightk · · Score: 1

      It is APSL, not AOSL

      --
      Like anyone can even know that
  21. What does this mean for the APSL? by jonwil · · Score: 2, Informative

    Does it mean the new APSL is no longer OSI complient?
    Does it mean that its no longer "free software" (and that the GNU project will start listing it on its "licences to avoid" list again?)

    On the other hand, it should mean that apple will continue to provide kernel source code for both x86 and ppc quite quickly after kernel releases since if someone does use it to pirate osx, apple can sue them right away (and force removal of the source code)

  22. Re:Slashtards by voidptr · · Score: 5, Funny

    My little sister's a whore. But it's not too late to keep my OS pure. It's all I've got left.

    --
    This .sig for unofficial government use only. Official use subject to $500 fine.
  23. Re:Slashtards by AusIV · · Score: 2, Interesting
    Seeing teenagers download my favorite OS for free ... bothers me.
    I love seeing my favorite operating system downloaded for free. And amazingly, the experience is more or less the same whether you're running on a 32 bit PC, 64 bit, or PPC.

    seeing the experience cheapened in the eyes of others because its running on unsupported hardware bothers me.
    I know a guy who used to run OSX on his HP. He claimed it ran better on his HP than Windows did. I was never aware of him having any problems with the operating system because of his hardware, but on the occasion that he had software problems, people automatically assumed it was because he was running on the wrong hardware, even if that had nothing to do with it. He finally quite when he decided he didn't like stealing it, but he still intends to get a Mac when he can afford one. Most of the people who see it simply think it's cool that he's running OSX on his PC.

    As I stated earlier, my favorite operating system is Ubuntu. I'm not going to go into all the reasons why, however I will say that the number one thing it has over OSX is that it can win converts without having to spend hundreds of dollars on new hardware. I have to take off my shoes to count the number of people I know who say "My next computer is going to be a Mac." But they aren't about to throw away a year old computer to upgrade the operating system (which is what they're interested in). With Ubuntu, they can (legally) download the ISO for free, burn it to a CD and install it on the hardware they've already got. And like a Mac, it just works. I installed Ubuntu Dapper Drake on my computer, and every piece of hardware was automatically recognized. Now, if I could go out and buy a copy of OSX, install it on my computer and have it work as well as Ubuntu, I'd be more than happy to fork over a couple hundred dollars, and I may consider a Mac for my next hardware purchase, but I'm not about to get rid of perfectly good hardware because it won't (legally) run the operating system I'd prefer.

    And Microsoft already does do this; last time I checked I couldn't recompile XP to run on my PPC PowerMac. None of Microsoft's licenses are even close to open source, while a number of Apple's key technology are.
    Way to appeal to the Windows fanboys here on Slashdot... Wait. Why is Apple "open source"? Is there anything legal and advantageous you can do by recompiling a modified version of the source? I get the feeling it's open source only by name. Since they closed Darwin, I've not seen anything from Apple that bares a resemblance to the Open Source community I know and love. I'm not saying everything has to be open source, I'm simply saying OSX hardly qualifies as open source.
  24. Re:Slashtards by Slashcrap · · Score: 1, Insightful

    Seeing teenagers download my favorite OS for free, or seeing the experience cheapened in the eyes of others because its running on unsupported hardware bothers me.

    I love it when teenagers download my favorite OS for free and especially like to see it running on previously unsupported hardware.

    The other difference between us is that if I ever started worrying that the product of some random corporation was being "cheapened" by the actions of others, I'd probably shoot myself.

    Does slavish devotion to companies which you don't have a personal stake in come bundled with every Mac or is it an optional add-on?

  25. Re:Apple is more heavy-handed then[sic] Microsoft by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    Oh wait, what's that? News flash, Apple borrows FreeBSD code to base their kernel on and what does the Open Source community get for it?

    I won't argue the accuracy of your statement because it is irrelevant, but I think it important to answer your question. The "Open Source Community" and specifically the developers who wrote the BSD licensed code Apple adopted for their OS got exactly what they asked for. They got their code more widely used and on a lot more desktops than they could otherwise have hoped for. They helped define the standard, promoted interoperability, and gained in reputation.

    The BSD license doesn't force you to keep the source open, but for fuck's sake, you got it for free.

    You seem to be of the opinion that those who developed the code were morons. They intended to license their code as GPL, but they were just too dumb, or they copy and pasted the wrong thing or some such thing. They really wanted the code to remain open to all, even if that made companies like Apple choose something else. I submit that you're assuming that the "community" should ethically be able to restrict code and keep it open, even when the developers who put in all the hard work specifically licensed it otherwise.

    You're saying you wouldn't at all feel obligated to support the industry that provided you with the basis of your entire wildly popular operating system?

    Apple supports the "industry" but that is not relevant here. Apple supported the individuals who developed the code they used in exactly the way those developers asked them to. They have kept it open in that people can see it and suggest modifications/fixes which is a huge step up on some other possibilities. It also keeps them in step with the rest of the industry. Because they have some of the same underlying code it means developers can target both OS X and FreeBSD more easily with less work.

    If you have a beef, bring it up with the people who wrote the code and licensed it via a BSD license. They did all the work and make all the rules. Your assumption that the rules they chose are wrong is presumptuous.

  26. Re:Slashtards by squiggleslash · · Score: 1

    No, just the usual band of Apple apologists. Just about the only positive thing you can say is that it probably has no useful validity in practice.

    Apple really wants to have its cake and eat it. It wants to benefit from Open Source as a PR thing (its shown no signs of actually wanting contributions from the community), and as a way to get cheap source code (as in drawing in large tracts of BSD code to help build the first Darwin), but it really doesn't like this "Freedom" thing much.

    You know, if Microsoft did this, I don't think anyone would care. Microsoft isn't actually promoting itself as a provider of open source. Apple is. They really should remove this and this images from their web pages. It would at least be a little more honest.

    --
    You are not alone. This is not normal. None of this is normal.
  27. Christ on a bike, man by MicrosoftRepresentit · · Score: 0

    Says you: "The problem isn't what those developers are doing"

    Well they've got nothing to worry about then, have they!

  28. Not an APSL change - but strange things afoot by Anonymous Coward · · Score: 1, Interesting

    I don't think we've seen an APSL change yet, given that statement is from the header from each file - not the APSL. (Header in full posted below.) However, what is more puzzling to me is the shift from APSL 2.0 back to APSL 1.1 (the non-Free one) with regards to Xnu done sometime before 10.3.9 but post 10.3. It was not immediately clear if this was a mistake or a marks a policy shift. While on one hand, the APSL that you have to agree to is 2.0, and what few other projects that ship with the APSL file is 2.0, and the Xnu project itself is also labelled with the 2.0 license, the file included is 1.1 which I find hard to believe could have gone this long without someone noticing if it was a mistake.
    "/*
    * Copyright (c) 2000 Apple Computer, Inc. All rights reserved.
    *
    * @APPLE_LICENSE_OSREFERENCE_HEADER_START@
    *
    * This file contains Original Code and/or Modifications of Original Code
    * as defined in and that are subject to the Apple Public Source License
    * Version 2.0 (the 'License'). You may not use this file except in
    * compliance with the License. The rights granted to you under the
    * License may not be used to create, or enable the creation or
    * redistribution of, unlawful or unlicensed copies of an Apple operating
    * system, or to circumvent, violate, or enable the circumvention or
    * violation of, any terms of an Apple operating system software license
    * agreement.
    *
    * Please obtain a copy of the License at
    * http://www.opensource.apple.com/apsl/ and read it before using this
    * file.
    *
    * The Original Code and all software distributed under the License are
    * distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
    * EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
    * INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
    * FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
    * Please see the License for the specific language governing rights and
    * limitations under the License.
    * * @APPLE_LICENSE_OSREFERENCE_HEADER_END@
    */

  29. That's the point by Anonymous Coward · · Score: 0

    Apple fanbois hold up Apple as a Good Company. Items like this show that they are merely a Company. Not as bad as some, maybe, but still more interested in what we can do for them than what they can do for us.

    1. Re:That's the point by jesboat · · Score: 1

      We hold it up not necessarily as a good company, but as a better company. Maybe even, if you talk to the most fanatical of us, the best company.

  30. Still the same license? by salimma · · Score: 2, Insightful

    IANAL, but does this just count as additional limitation under the same license, or would the reworked license count as a new license altogether (i.e. not the same version 2.0 that OSI approved)

    If not, would it not need to be recertified?

    --
    Michel
    Fedora Project Contribut
  31. Re:Must Preserve That Apple Tax by ajs318 · · Score: 1

    I reckon Apple would do better to have Mac OS XI as true open source -- as in GPL or, if they've really got the bollocks, BSD licence. They could continue to make truly wonderful hardware like the iPod range, and supply the all-important drivers to allow it to be used to its full potential with OS XI Macs. Imagine Apple printers, built like old HPs and running on cheap generic bulk ink. Imagine Apple scanners, that actually work. Right now, nobody is making peripherals that are anything but crap; and the market has no choice but to put up with this. An Open Source Mac OS XI could be spread far and wide. Running it on cheap no-name hardware is going to be a no-brainer. Being Open Source, Apple won't then have to worry about piracy. Instead they can concentrate on making stuff that actually works.

    --
    Je fume. Tu fumes. Nous fûmes!
  32. Re:Slashtards by 99BottlesOfBeerInMyF · · Score: 3, Insightful

    That's because Microsoft is honest about their position towards FOSS and Apple isn't. At least you know where you stand with Microsoft, but with Apple, they do the bare minimum with FOSS -- just enough to let the Apple fanboys use the argument "Apple DOES do Open Source!

    Microsoft has been promoting their software as open for years with their "shared source" initiative. Apple has been producing and selling both open and closed source software for years as it fits with their business interests. The situation is only unlcear if you try to oversimplify as "Microsoft..closed...bad, Apple...open..good." The real world does not work that way. Apple releases a lot of software as open because they recognize the advantages of open source and believe in that model. This is not philanthropy, it is good business. The same goes for IBM. Nothing forced Apple to release their zeroconf implementation as open source, or even to help port it to Linux. They didn't do it because they want people to like them either. They did it to promote the technology and interoperability and new standards. We all benefit, and so does Apple. That is how open source is supposed to work.

    What it isn't open ENOUGH for you? Fanatic.

    I think anyone arguing here that Apple is screwing people over is probably a fanatic. Apple is in compliance with the license chosen by the people who wrote the code. Anyone who thinks they know better than those coders and everything should be treated like GPL is being fanatical.

    Not that I don't think people should not complain about what Apple is doing if they want to or try to convince them to be less restrictive (although in this case I don't care). Just be clear that whiners don't have some sort of moral high ground here. It is just as ethical for Apple to close their kernel as it is for them to keep it open. Anyone who wants it released one way or another is arguing their own (perceived) best interest, and nothing more. I'd like Apple to give me 10 million bucks, but I don't think they have a moral obligation to do so.

  33. Re:Must Preserve That Apple Tax by Anonymous Coward · · Score: 0

    Sure... that sounds like a great plan. Apple should spend hundreds of millions of dollars to develop a top-notch OS and then... just cuz a bunch of geeks wanna play with it... they should release the whole thing as open sounce and get ZERO return for that investment. Sounds like sound business practices to me!

  34. Till you come up with a better way to make money.. by NDPTAL85 · · Score: 3, Insightful

    Apple would do better for WHO? You or Apple? Do you open source people even think these suggestions through from the standpoint of the business making the code? Do you know anything about business? Seriously?

    As for peripherials I don't know what crap your using but my Hewlett Packard 3-in-1 Printer/Copier/Scanner works by just plugging it into my Mac. No installing software or drivers or anything....It Just Works. So why does Apple need to GPL its OS again?

    You are aware that Apple is a hardware company right? They make most of their profits from hardware. Insane margins like 25% on hardware sales. From Macs, not iPods. Just exactly how are they going to replicate that lost revenue if they open source the OS allowing it to be run on any cheap generic PC? Do you REALLY think they'll be able to sell enough copies of OS X to make up for that? And at what price? Right now OS X sells for $130. Apple would have to up the price to $250 or more, maybe even $400. Who's going to buy an alternative OS thats that expensive when they can just stick with Windows?

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  35. Oy. by jpellino · · Score: 3, Insightful

    Apple's purpose in releasing any of their source is to make sure people can write apps and add-ons that make OSX an uber-amazing OS that runs on museum-worthy hardware and makes people want to buy more of their systems.

    You can modify 99% of what happens on a Mac through writing apps and add-ons and tweaking the system through available source.

    Apple, and every other for-profit computer company has to balance the attractive value of the modifications they allow against the remaining allowances that would torpedo their business model.

    Hence opening everything would not be in their best interest. Beyond that, the serial grousing about the APSL limits is a bit like grousing that your fork isn't on the left. It will still get food to your mouth.

    And let's see - that last paragraph pretty much says "that's a nice computer company youse got there - wouldn't want nothin' to happen to it, if you know what I mean - I'm not sayin' anything, I'm just sayin'..."

    Please. You're going to stop recommending Apple to grandma and her gamer grandkids who will never EVER need the sort of kernel mods that you are discussing here. Never mind that when they get to the Apple store how much influence do you think the dire warnings of their local Nick Burns (or was that Christopher Moltisanti?) is going to have in the face of great hardware that can run the three major OSs? How soon do you think we'll hear "Sorry, Steve, but Boeing's going to WalMart for Linspire boxes - hey, but you call us when we can totally hack your kernel."

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    1. Re:Oy. by Lord+Kano · · Score: 2, Interesting

      ...OSX an uber-amazing OS that runs on museum-worthy hardware...

      Is it cool in here or it it just the fanboy?

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    2. Re:Oy. by SilentChris · · Score: 2, Insightful

      I find your post amusing.

      Recently I purchased a MacBook Pro Core 2 Duo. For all intents and purposes it's an excellent machine. Runs a little warm, but works well. It's replacing a Dell Inspiron that decided to commit suicide.

      So anyway, first day I crack open the box, dig into System Preferences and play with the settings. I go into the Display panel, which has perhaps the weirdest slider widget in the history of all operating systems. Basically, you set the brightness then (if you decide to let it) the MacBook Pro uses an ambient light sensor to raise and lower that brightness based on the lighting in the room. It's a neat feature, but if you set the brightness too high (or too low) it doesn't really work.

      So I play around with it a bit and save. Too bright. I reopen the preference pane and decide I want to set it to the default base brightness. No "Reset to default" button. Hmm. Maybe there is no default. So, I create a new account, log into it and open up the Display preferences. Ok, it has a default brightness setting. So where's it stored? I start digging around through plists trying to find the one that controls the Display pane. Nothing.

      Finally, I call up Apple support and say "Hey, I want to reset this thing back to the default value. Do you know what plist I'd need to delete to do that?" Their answer: "Sorry sir, that's privileged information about the operating system." Huh? It's just a plist -- I'm not talking about hacking the kernel, just deleting one file. "Sorry sir, can't help you."

      Aggravated, I dig out the Property List tool. Can't find the setting anywhere. Finally (combined with other issues I was having with the machine -- Office was causing Kern Protection errors) I wipe it and install from scratch. I then lock that Display panel and never touch it again.

      Now, you talk about Apple being open. You say you can hack 99% of the OS. Yet, I changed the brightness using Apple's OWN tool, and they weren't able to tell me where the setting is stored. WTF?

      Also, you talk about Grandma not needing kernel mods. I don't know about you, but when I set up my Mac for grandma, I installed Parallels. I told her "Go here if you can't see a website." Put the IE shortcut right out in the open for her.

      Parallels uses kernel mods. So when you say "will never EVER need the sort of kernel mods that you are discussing here", I guess you're talking people BESIDES the all the new Mac owners who bought these machines because they could now run Windows.

    3. Re:Oy. by jpellino · · Score: 1

      They person you talked to has a script in front of him which is badly written.
      I'm guessing he dropped back 10 and punted.
      So that's at the least a problem of poor communications, but not proven to be a problem of closed source.

      Parallels is apparently getting it done with Apple's blessing and cooperation. So there's no problem there.

      --
      "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    4. Re:Oy. by argent · · Score: 1

      Apple's purpose in releasing any of their source is to make sure people can write apps and add-ons that make OSX an uber-amazing OS that runs on museum-worthy hardware and makes people want to buy more of their systems.

      Museum worthy?

      Well, I'd say Apple's hardware belongs in a museum. Alongside the Cray 1 and CDC 6600 and IBM 360. And the Ford Model A.

      I love OS X. I hate my Macbook Pro. I would happily pay Apple their margins on the Macbook Pro if they'd let me run OS X on a Thinkpad.

    5. Re:Oy. by jpellino · · Score: 1

      There are a half a dozen pieces of Apple hardware in the permanent collection of the Museum of Modern Art in NYC.

      Even the Cube.

      --
      "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    6. Re:Oy. by argent · · Score: 1

      There are a half a dozen pieces of Apple hardware in the permanent collection of the Museum of Modern Art in NYC.

      What's your point? How does that make them better personal computers?

    7. Re:Oy. by jpellino · · Score: 1

      You're kidding, right?

      My original point was the way apple has found to sell systems against all odds. Cool stuff that works and that people want.

      My second point answered the question "museum-worthy?" in that they are in museums. Pretty good ones, too.

      Now to your latest question: How does this make them better personal computers?

      Depends on your point of view.
      Take an iBook G4:

      - from the designer's POV: this will sell. To them that's a better PC.
      - from the sales dept POV: goodby most dongles. To them that's a better PC.
      - from the consumer's POV: this is cool | I want one | super-tough plastic | no snagging | least buttons. To them that's a better PC.
      - from the service / support POV: fewer things to snap off. To them that's a better PC.
      - from the users' POV: I can lift this thing. To them that's a better PC.

      --
      "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    8. Re:Oy. by argent · · Score: 1

      No, I'm not kidding. From the consumer's point of view the styling is a mixed blessing at best. They pay a premium price for it and it frequently makes the computer harder to use. I don't have an iBook G4, but I have a Macbook Pro, and I had a Thinkpad T23. let's compare them, shall we?

      I don't care about the designer or the sales department. I'm a consumer.

      From the consumer's POV:

      The single-button trackpad and the stylish "flat" keyboard on my macbook pro are just plain inferior to the beveled and angled keys with a longer throw on my old Thinkpad. Not just a little inferior, but "this keyboard is unusable because it makes my wrists and arms hurt" inferior. There's no generic dock for Apple laptops, just third party jam-in-the-ports port replicators that are specific to each box. My Thinkpad T23 dock worked with any T series Thinkpad and most of the other lines back to before the T-20.

      I'm also a recovering system administrator. From the service/support POV:

      It's also MUCH harder to service and support the Macbook Pro than the Thinkpad. It's harder to get into, and it's easier to break stuff when you get in. The computer isn't physically as rugged, the lid latch is harder to use and because the case and lid are both flat there's an unavoidable gap around the edge for foreign objects to get in between the screen and the keyboard unless you're so much more careful when you pack it. But all that makes it more stylish.

      And from the user's POV:

      My Macbook Pro weighs more than my Thinkpad did!

      I know that Apple's stuff's gone into museums. very few consumer goods are in museums for being good consumer goods. A lot of "museum quality" products and designs are impractical: many of Frank Lloyd Wright's houses were a good bad example of that. "Museum Quality" is not a reason to buy a computer... it's a warning sign, it means you're more likely to have to put up with bad design in the name of style.

      THAT is the point.

    9. Re:Oy. by jpellino · · Score: 1

      There's no accounting for taste.
      Much of what you cite is personal preference.
      It is not borne out by neither the majority nor the trend of users.

      Discarding the needs and inputs of several of those in the chain of what-makes-a-good-computer is convenient, but unrealistic.
      e.g., Apple techs are likely not clobbering Apple kit when servicing it just becasue the tolerances are tighter.

      Price delta stopped being an issue 6 years ago.
      Comparing the weight of the two while discarding the tech specs is also meaningless.
      Your T23 ran a PIII at 1+ GHZ on a 13 (maybe 14) inch screen with a combo drive (maybe) for (maybe) three hours.
      The current MBP runs core2duo at 2+GHz on a 15 inch widescreen with a superdrive for 5 hours.

      The T23's also outclassed by a plain MacBook at the weight you wanted.
      And that's at only $15 more than a current T60 feature matched.

      Apple's market share is increasing largely with their notebooks.
      The design has been essentially frozen for 6 years now, so we can remove that variable.
      Why then would more and more people be buying them?

      --
      "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    10. Re:Oy. by argent · · Score: 1

      There's no accounting for taste.
      Much of what you cite is personal preference.
      It is not borne out by neither the majority nor the trend of users.


      The effect that Apple's keyboards have on RSI is not "taste", it's "physical pain".

      Yes, of course it's personal preference, but...

      It's a widely held one. The style over substance design of Apple's products is a widely cited reason for people buying generic Wintel boxes and running Linux desktops on them. I'm talking about people who would rather run Mac OS X but can't stomach the hardware.

      Why then would more and more people be buying them?

      Because of the operating system, and because Boot Camp makes the risk of *trying* the operating system out less of a risk... though a lot of the Boot Camp sales aren't going to be repeats.

      ====

      And yes, of course the T23 isn't up to spec with the current Mac laptops. It's over three years older! Comparing the performance on that particular model with the Macbook Pro is like me dissing the Macbook Pro because your iBook G4 was slow... but if you want to compare it to a contemporary Apple laptop... be my guest. You'll find that the T23 was lighter than and had better specs than its Power PC counterparts.

    11. Re:Oy. by jpellino · · Score: 1

      You were the one asking for OSX on your ol' T23 rather than on a current MBP.

      "It's a widely held one. The style over substance design of Apple's products is a widely cited reason for people buying generic Wintel boxes and running Linux desktops on them. I'm talking about people who would rather run Mac OS X but can't stomach the hardware."

      And just how big a market is that? Widely cited? Where?

      "The effect that Apple's keyboards have on RSI is not "taste", it's "physical pain"."

      So where's the class action suit?

      I respect your opinons, I just don't see them rising to the stature of universal truths.

      --
      "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    12. Re:Oy. by argent · · Score: 1

      You were the one asking for OSX on your ol' T23 rather than on a current MBP.

      That doesn't mean I consider the performance comparable! If anything, you could treat that as a measure of just how important this is to me.

      I respect your opinons, I just don't see them rising to the stature of universal truths.

      But the idea that people are primarily buying Apple's laptops specifically because of the "museum quality" hardware rather than the software that runs on them is unchallangable?

  36. "unlicensed copies of an Apple operating system" by openright · · Score: 1

    I am not sure what this means. Does it mean that an open source OS must be named differently?
    Probably clarification from Apple is needed.

  37. Except consumers don't think that way by blueZ3 · · Score: 2, Insightful

    To your average consumer, a PC (or Mac) is a package deal. When there's an OS problem, they don't think "I'll call Microsoft about my problem" they call HP or Dell. If you ask your great aunt Matilda what's wrong with her computer, chances are she won't differentiate between a software and hardware problem. Anyone who does "support" over the phone for non-technically-oriented family and friends can confirm this. When the printer doesn't work, half the problem is determining if it's a hardware (printer/ink/cable) problem, or a software (Windows/driver) problem.

    If Apple made Mac OS "Open" then they have to support it, because that's what consumers expect. I agree that right now, software is a cost center for Apple. But I completely disagree that opening the kernel is guaranteed to reduce that cost, especially in light of the complications it would introduce into Apple's support and QA organisations.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  38. Generous? WTF are you smoking? by Anonymous Coward · · Score: 0

    Don't forget that most of the source code was not even written by Apple - they just took it from BSD Unix. Of course, the BSD people are naive to the point of idiocy if they don't realize that the BSD license is just a license to steal their code. Apple is legally clean, grabbing several programmer-centuries worth of code, adding about 1% of their own, then locking it up and saying it's all theirs. But no, in a world populated by decent human beings, this would never happen.

    1. Re:Generous? WTF are you smoking? by FLAGGR · · Score: 1

      No, the Darwin kernel is MACH + NeXT + Mac, in fact very little of it is BSD (90% of the userland tools, however, are modified BSD tools) Most of the code was either written by Apple or bought by Apple.

  39. aitikin is a dumbass by torstenvl · · Score: 2, Interesting

    The OSx86 project is far more than "kernel hacking." Nothing whatsoever prevents you from hacking Darwin as much as you want. Admittedly, it would have been less ambiguous for them to prohibit unlawful or unlicensed copies of an Apple-branded operating system, or a commercially available Apple operating system, but its meaning is clear enough to stand up in court if they were to sue you for hacking on Darwin.

    Semthex's OSx86 project may be out-of-luck-ish (I don't know the OS X EULA - if running OS X on non-Apple hardware doesn't trigger the "unlawful or unlicensed" condition, then it seems fine to me).

    Incidentally, Apple's legal department isn't that great. As far as I know, they still haven't updated the AppleCare terms and conditions to cover displays bought with MacBooks and MacBook Pros. "Apple covers the Covered Equipment and one Apple branded display if purchased at the same time and registered with a covered Mac mini, PowerBook, or Power Mac computer." Apple Computer, AppleCare Protection Plan Section 1(a)(i), available at http://www.apple.com/legal/applecare/appna.pdf.

    PS - Anyone know why the section symbol ( ), entity §, isn't showing up?

  40. The mind buggles by Medievalist · · Score: 3, Funny

    You analogy leaves me breathless, like a glass eel.

  41. Re:Apple is more heavy-handed then[sic] Microsoft by inca34 · · Score: 1

    The "Open Source Community" and specifically the developers who wrote the BSD licensed code Apple adopted for their OS got exactly what they asked for. They got their code more widely used and on a lot more desktops than they could otherwise have hoped for. They helped define the standard, promoted interoperability, and gained in reputation.

    For the most part, I agree that this is the purpose most BSDs choose to serve. However, it is my most humble and honest opinion that the BSDs are successful due in part to the openness that they have achieved. Take for instance "make buildworld". That is open, whereas "darwinbuild" as a build system hack (and a good one at that) to get around Apple's proprietary distributed build system is clearly not. In the "spirit" of open source, giving someone the code is only half the battle. Providing them with the tools to contribute and supporting that in a sustainable manner is, in my opinion, one of the most important technical goals of OSS.

    You seem to be of the opinion that those who developed the code were morons. They intended to license their code as GPL, but they were just too dumb, or they copy and pasted the wrong thing or some such thing. They really wanted the code to remain open to all, even if that made companies like Apple choose something else. I submit that you're assuming that the "community" should ethically be able to restrict code and keep it open, even when the developers who put in all the hard work specifically licensed it otherwise.

    You seem to be of the stock of people who like to put words in other people's mouthes. ?!? Come on, when did I say anyone was a moron? I have the utmost respect for the developers of the BSDs (and even a few at Apple). I'm merely pointing out in a rather dramatic style that taking from BSD without giving back is not cool, though legal. I understand the license doesn't require anything but recognition of the original authors, however that does not mean that you should make effectively proprietary software out of it and then get to parade it about as OSS! Apple says they are open source, and they are in the strictest sense of the notion, but they are not behind it (yet?).

    The purpose of these comments are to spread awareness of the issue, and for anyone who gives a damn to speak up and leave some feedback at apple.com. They are not to bash BSD developers or the BSD licenses. I have an unfortunately pristine picture of what a corporate legal department considers a non-starter for proposals and contracts; needless to say, BSD is a stretch and the GPL doesn't even have a snowball's chance in the Sahara.

    Apple supports the "industry" but that is not relevant here. Apple supported the individuals who developed the code they used in exactly the way those developers asked them to. They have kept it open in that people can see it and suggest modifications/fixes which is a huge step up on some other possibilities. It also keeps them in step with the rest of the industry. Because they have some of the same underlying code it means developers can target both OS X and FreeBSD more easily with less work.

    Please explain how that's not relevant when that's the entire point of my guilt-trip ridden comment? I'm appealing to a common sense of decency, where if you borrow something you give it back the same way you got it or better. So, supporting the "industry" is indeed the entire point of my comment. Do go on... oh wait, you did anyway. So it was, in fact, relevant.

    So let me get this straight here. You are still clinging to the notion that Apple has kept "it" open, where "it" is Darwin and "it" can't be built as delivered? Go try to do something useful and update Darwin to FreeBSD 6. Your efforts will fall on deaf ears.

    If you have a beef, bring it up with the people who wrote the code and licensed it via a BSD license. They did all the work and make all the rules. Your assumption that the rules they chose are wrong is presumptuous.

    Your assumption that I am assuming the rules they chose are wrong is presumptuous.

    Cheers

  42. That's correct by CritterNYC · · Score: 1

    I'd be willing to bet that with this change, the APSL is no longer free enough to be considered a Free license. As such, it'll be removed from the OSI-approved list. That means that any projects using it can't be hosted on SourceForge, Google Code, etc.

    This shouldn't really be surprising to anyone. Apple never really intended to truely open up their stuff and allow others to fully use it without their blessing.

  43. Re:Slashtards by bedouin · · Score: 1

    I know this is Slashdot and all, but you really need to get a life. It is software for Christ's sake, not your little sister.

    Corny as it may sound, it's really a lot more than software. It's the device I have to deal with when I want to contact close friends thousands of miles away, edit projects, write documents, watch films and clips, read the news, apply for jobs, and be entertained. The computer is more vital to my day to day operations than an automobile, because at least when the car breaks down I can ride a bike or take the bus/train. With that in mind, when I encounter an operating system that doesn't need reinstalled every six months to be reasonably functional and doesn't require me to recompile a kernel each time I buy a new piece of hardware (assuming it can be supported anyway), I'm a pretty happy guy. And in the 20+ years I've been using a computer now, OS X has been pretty much the only environment that gets problems out of my way and just lets me focus on the task at hand -- whether it's serious or not. So yeah, I'll admit with no hesitation that I'm defensive when an OS I think rocks could potentially have its revenue for R&D lessened by people running it on vanilla hardware.

  44. Re:Apple is more heavy-handed then[sic] Microsoft by 99BottlesOfBeerInMyF · · Score: 2, Interesting

    However, it is my most humble and honest opinion that the BSDs are successful due in part to the openness that they have achieved.

    The adoption of the network stack in Windows from BSD licensed code is a success as far as advocates of the BSD code are concerned. It is in no way open. For some reason a lot of people who are GPL advocates see it as a failure and a reason why BSD licensing is flawed, as though it was not doing exactly what the developers intended.

    This entire argument is based upon your notion of what a success is. That is entirely subjective and not a point worth arguing.

    In the "spirit" of open source, giving someone the code is only half the battle. Providing them with the tools to contribute and supporting that in a sustainable manner is, in my opinion, one of the most important technical goals of OSS.

    I think that collaboration between a given user of some code and other users and the community can be very valuable. That does not, however, mean it is the goal of licensing code. Apple doesn't keep Darwin open so that they can get collaboration from hobbyists. They keep it open as a way to aid developers for OS X make things work better on OS X and understand bugs.

    That may not be what you wish they would do, but that does not make it antithetical to the goals of those who licensed their code as BSD in the first place.

    Come on, when did I say anyone was a moron? I have the utmost respect for the developers of the BSDs (and even a few at Apple). I'm merely pointing out in a rather dramatic style that taking from BSD without giving back is not cool, though legal.

    And in doing so you're assuming you know better than those who wrote and licensed the code in question. The coders here wanted people to be able to take their code, close it, and never contribute any code back. Those developers were paid for their work, not with the potential of other code (as with the GPL) but with the affect their code has on those projects. From their perspective, taking BSD code, closing it, and integrating it into a project is cool. That was what they wanted. Just because you don't understand the payoffs or like the payoff is irrelevant.

    If you want to write a third of a kernel and license it GPL, then great. Probably, however, no one will use it since we already have Linux for that.

    Apple says they are open source, and they are in the strictest sense of the notion, but they are not behind it (yet?).

    Apple is not open source. Some projects Apple works on are open source. The problem is that you seem to want open source to mean something that it does not. Open source simply means the source is open to all to see. Maybe you want Apple to produce free (libre) software. That is something else.

    I have an unfortunately pristine picture of what a corporate legal department considers a non-starter for proposals and contracts; needless to say, BSD is a stretch and the GPL doesn't even have a snowball's chance in the Sahara.

    Funny. I'm slacking off from working at a corporation on a project built largely on GPL software. The corporate lawyer I consult is a sharp guy, but we're by no means the only corporation to adopt GPL software (Linux anyone) in our products. We also contribute quite a bit to various BSD projects (I think we have 4 OpenBSD developers on staff). Maybe you need to find a different company?

    Please explain how that's not relevant when that's the entire point of my guilt-trip ridden comment?

    Apple's support for open source software and the OS/computer industry mostly has nothing to do with their kernel code. They contribute to a lot of open source projects and have founded a number of them. They help author and drive the adoption of standards that benefit the entire industry. Thus, Apple does help the industry, but the kernel code they post is not a significant part of that. It is mostly useless to those not planning on working on OS X.

    So let me get t

  45. Or... by Anonymous Coward · · Score: 0
    AC wonders when the tall building he works in will fall over.

    JCR explains that tall buildings are nothing new, and that the odds of actually being killed from one falling over is remote.

    1. Re:Or... by Anonymous Coward · · Score: 0

      It's no longer an open source license, you stupid fuckwit. Buy hey... Apply superfans can justify ANYTHING.

  46. Re:That's correct Not! by aristotle-dude · · Score: 1

    No license be it LGPL, GPL, or APSL removes any right (copyrights) from the original copyright owner(s). You cannot use any license as a defence of wilfully violating the copyright of the authors of any software regardless of the license used.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  47. Another oss zealot ownd! by Anonymous Coward · · Score: 0

    Thank you 99Bottles. You have made crystal the self induced mind warp that some oss zealots engage in. Maybe it's an age thing?

  48. Dual licensed software by aristotle-dude · · Score: 2, Insightful
    Look at the dual licensed software out there. Copyright owners have a right to license as they see fit. Abusing the spirit of the APSL by distributing patches that allowed for patching pirated versions of OS X with Darwin code would be the same as taking any additional documentation supplied in a dual licensed situation and including it with the Open Sourced code.

    This kernel hacker was violating the copyrights of Apple. It does not matter what license they used, their copyrights remain intact. Circumventing the dual licensed MySQL would be just a illegal as what this guy was doing.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  49. Re:Apple is more heavy-handed then[sic] Microsoft by inca34 · · Score: 1

    The adoption of the network stack in Windows from BSD licensed code is a success as far as advocates of the BSD code are concerned. It is in no way open. For some reason a lot of people who are GPL advocates see it as a failure and a reason why BSD licensing is flawed, as though it was not doing exactly what the developers intended.

    This entire argument is based upon your notion of what a success is. That is entirely subjective and not a point worth arguing.


    I understand and I agree that this is a success insofar as the BSD developers are concerned. My comments are and have been, strictly speaking, my opinion concerning Apple's claims for open source and how I "believe" in a different religion. So, when you say my argument is based upon my notion of what success is, you ought to realize that yes, I'm writing my opinion on Apple's open source effectiveness and how it falls short of how the BSDs do it. Why would you think elsewise? It's a I'm-frustrated-so-let's-vent-and-talk-about-how-th ings-ought-to-be comment. Feel free to "correct" me in saying that Apple's doing a damn fine job with the Darwin project. Please. Because as much as I'd rather Darwin succeeded with flying colors, I just don't see that as where it's going. Especially in light of such open source projects like FreeBSD. Darwin has no hopes of being a standalone OS anymore and although that may not mean anything to you, that is a crushing reality to a lot of people who had hoped for and had worked for that. It didn't help that Apple led them on.

    I think that collaboration between a given user of some code and other users and the community can be very valuable. That does not, however, mean it is the goal of licensing code.

    I'm not sure who you're arguing against here about licensing. We are on the same page as far as I'm concerned with that topic.

    Apple doesn't keep Darwin open so that they can get collaboration from hobbyists. They keep it open as a way to aid developers for OS X make things work better on OS X and understand bugs.

    And now we get to the meat of our disagreement. Are the volunteer developers for FreeBSD nothing more than hobbyists to you? Is the spirit of BSD solely to be open source to aid developers for their respective platforms? Clearly, it is not. The BSDs are best served in a fashion similar to how they currently serve the public. And I have been saying this entire time that should Apple ever lower itself to supporting a project such as FreeBSD, Good Things(tm) will happen and they as well as others will benefit greatly from such efforts. To say we have the Darwin sources just to aid development for OS X and understand bugs is not what Apple led us to believe Darwin was. If you don't believe me, why don't you do me a favor and read up a bit at opendarwin.org before it closes completely. Then, if you can tell me with a straight face and with no reservations that Apple is honoring the BSDs with Darwin I will buy you a beer for your efforts.

    That may not be what you wish they would do, but that does not make it antithetical to the goals of those who licensed their code as BSD in the first place.

    Right. The primary goals were served, but there is more to be had. And that is more along the lines of libre software, as you mentioned. I think the rest of your post was based on a simple misunderstandings which really aren't worth dragging out much further. We are both being overly literal and argumentative when we out to be figurative and general. Sure, let's argue about details, but first let's at least agree to what we're talking about. It's almost like we're picking apart the words and not really listening to each other.

    That's about all I've got to say really. If you're ever in Ohio you ought to at least try and get that free beer. At least the conversation will be interesting.

    Cheers

  50. It's hard to take the poster seriously by possible · · Score: 1
    I did RTFA but it's hard to take the poster seriously when he starts off with three typos in the first sentence:
    "Appe silently as usal changed the APSL text distributed with the latest released sources to make further work on it imposssible."
  51. a fool and his money ( was Re:Ah well. ) by scooviduvoctagon · · Score: 1
    "Apple doesn't want you porting their OS over to your generic Intel system. They want you to buy one of THEIR systems. Deal with it."

    Why would YOU want THEIR property on YOUR computer?

    Why would YOU want to PAY for a mere "license" that RESTRICTS what you do with YOUR PROPERTY?

    You're talking interests.

    Apple is a corporation, an abstraction, which has its own interests.

    People are consumers, another abstraction, who have their own interests.

    Corporations' interests are in conflict with consumers' interests.

    If it is ok for Apple to pursue its interests, then it is ok for consumers to pursue their interests.

    So stop with the apologetic, apathetic, disempowering platitudes.

  52. Re:Apple is more heavy-handed then[sic] Microsoft by 99BottlesOfBeerInMyF · · Score: 1

    So, when you say my argument is based upon my notion of what success is, you ought to realize that yes, I'm writing my opinion on Apple's open source effectiveness and how it falls short of how the BSDs do it.

    I think this is our major disconnect. I've been talking about BSD licensed code in general, while you seem to be thinking more of certain BSD licensed OS projects in particular. I think maybe a lot of people saw the Darwin code and thought, "cool we can build an OS using what Apple has here." The problem is, not enough people were interested in such a project and Apple was not particularly interested in it either as they were already building OS X on Darwin.

    Realistically, most of what came of Darwin is what Apple cared about. They wanted to make OS X development easier. There is nothing inherently stopping other people from taking the code and running with it, but there also aren't a lot of advantages to doing so versus working on an existing, established OS like Linux or FreeBSD. Especially, there was not a lot of commercial reasons to build on it and realistically it is commercial interests that do a lot of the work on existing OS's.

    Feel free to "correct" me in saying that Apple's doing a damn fine job with the Darwin project. Please. Because as much as I'd rather Darwin succeeded with flying colors, I just don't see that as where it's going.

    Apple is doing a fine job with Darwin, from their perspective. It is doing what they want and need fairly well. It could be managed even better in a way so as to elicit more contributions from the community, but that is not a priority for Apple. I think the problem you have is that Darwin is not useful for what you want.

    Especially in light of such open source projects like FreeBSD. Darwin has no hopes of being a standalone OS anymore and although that may not mean anything to you, that is a crushing reality to a lot of people who had hoped for and had worked for that.

    I agree it does not have much hope of ever being that, but I never really thought it did. FreeBSD has a well stated mission and unique features that provide developers with incentive to work on it. It makes a great foundation for a lot of specialty devices and workstations. It is a good platform for experimentation and educational projects. What does Darwin bring to the table for a stand-alone OS? Why would people want to work on it over already established projects?

    It didn't help that Apple led them on.

    I'm not sure it's fair to say Apple lead anyone on. The code is there if someone wants to fork it and build an OS. They can even pull in new features from Apple as Apple finishes them. Apple didn't kill OpenDarwin. Lack of interest did.

    Are the volunteer developers for FreeBSD nothing more than hobbyists to you?

    No. There are a lot of people working on BSD for a variety of reasons in education and industry. There could be a variety of people doing the same on OpenDarwin, but there aren't. Apple doesn't spend resources supporting the FreeBSD project except when it also happens to help Apple. The same goes for OpenDarwin. Expect companies to work on their projects and if you want to use part of that, great but you better have enough people to do the rest of it or it won't get done.

    Is the spirit of BSD solely to be open source to aid developers for their respective platforms?

    The "spirit of BSD" is for people to work on what they want or need and contribute to the pool of code, when it benefits them. Developers certainly license BSD code for their own benefit more than anything else.

    And I have been saying this entire time that should Apple ever lower itself to supporting a project such as FreeBSD, Good Things(tm) will happen and they as well as others will benefit greatly from such efforts.

    So here's the thing, Apple does help FreeBSD and Linux and a lot of other projects that use open source code. Like most other companies, they do this for thei

  53. Re:Slashtards by Anonymous Coward · · Score: 0

    The key difference being, those who choose (notice the emphasis on choose) to run OS X to fulfill their computer needs enjoy their experience.

    The ends justify the means then? And this gets modded up?

  54. a fool and his money II ( Re:Ah well. ) by scooviduvoctagon · · Score: 1
    "They're a business and they have an obligation to make money by selling their products, not just giving them away."

    And I suppose you think that Ford just gives its products away.

    Ford needs to begin selling restrictive vehicle licenses instead of actual vehicle property.

    That way Ford, and morons like yourself, can tell consumers at large that they can't reasonably expect to install their own personal selection of hardware and modifications into the cars they've purchased, because, "...it's Ford's car - not yours."

  55. Re:That's correct Not! by Mr2001 · · Score: 1

    Irrelevant. This change still means the APSL no longer fits the Open Source Definition, because it discriminates against developers whose "field of endeavor" is running OS X on non-Apple hardware. Running OS X on other hardware isn't necessarily a copyright violation, and even in those cases when it is, that doesn't mean Apple is exempt from the OSI's requirements.

    --
    Visual IRC: Fast. Powerful. Free.
  56. Re:That's correct Not! by Gorbag · · Score: 1
    Irrelevant. This change still means the APSL no longer fits the Open Source Definition, because it discriminates against developers whose "field of endeavor" is running OS X on non-Apple hardware.
    "Field of Endeavor": You keep using that word. I do not think it means what you think it means.
    --
    -- I speak only for myself
  57. Re:That's correct Not! by Mr2001 · · Score: 1
    It's three words, actually, and I'd like to see you or anyone else explain how the APSL still fits the Open Source Definition with these changes in place. Particularly, this part:

    6. No Discrimination Against Fields of Endeavor

    The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

    Good luck coming up with a definition of "field of endeavor" that includes genetic research, excludes portability, and won't get you laughed off of this site.
    --
    Visual IRC: Fast. Powerful. Free.
  58. Re:Till you come up with a better way to make mone by AusIV · · Score: 1
    I agree that licensing OSX under GPL would be a mistake, but I do think they could make a sizable profit by selling OSX.

    You're right, 25% is definitely a good margin for hardware sales. It's horrible for software sales. Apple could stamp out a CD and user manual for a couple of bucks and sell it at $130, and they'd have a much wider audience than just people who can afford Macs. Software development costs might be slightly higher to support more hardware, but the user base would be significantly higher. And I'm sure the marketing folk at Apple could find a way to make Macs appealing.

    I'm not saying it's going to happen, but I suspect Apple could make quite a profit if Leopard came out for PCs.

  59. A History of Hypocrites ... by systemBuilder · · Score: 1

    I have two comments to make.

    1. In the late 1990's, Sun decreed that ANY employee who ported Linux to a Sun workstation would be FIRED. Hey, look at SUN now !! Aint they do'in great ??

    2. When Xerox invented the laser printer, it was a 4-week job by the PARC PhD's who did brain surgery on a copier, adding a spinning mirror and a computer interface. It took THREE MONTHS, however, to write the software. Now Apple, the "THINK DIFFERENT" company that will supposedly "SET YOU FREE", is restricting what you can do with their products. What a buncha Scooter Libbeys !!! (I was gonna say "Benedict Arnolds" but realized the overseas people might not understand what I was talking about ...)

    'nuff said

    1. Re:A History of Hypocrites ... by frederickroyceperez · · Score: 1

      You are too subtle , by a half -

  60. Re:Till you come up with a better way to make mone by ajs318 · · Score: 1

    Read it again. I wasn't suggesting open-sourcing OS X. I was suggesting open-sourcing OS XI, a hypothetical successor which probably will break legacy compatibility and run only on Intel-based machines. (Such a move will probably also give a speed boost; right now, Apple apps have to have both PowerPC and Intel code segments. The data -- text and graphics -- will be shared, but every Apple application is dragging around some redundant code; and whatever it's doing, it ain't making it any faster.)

    There's next to nothing to be gained by selling software; the simple fact is that people are only going to pirate it anyway. Up until now, Mac OS has required a hardware-based protection device -- an actual Mac machine with an electrically-different architecture -- which somewhat limited the options for piracy. But now Apple are using Intel processors, there's a huge hacker challenge factor there, and even if there are a few electrical differences -- things like memory mapping and I/O port assignments -- they will be insignificant compared to the different instruction set (it's quite feasible to, say, search and replace all instances of 0x0378 with 0x03bc, and you don't even need the source code to do it). Someone will get Mac OS running on generic hardware -- and even if the whitehats know to stop at proof-of-concept, you can bet the blackhats will go further. Apple might as well save themselves most of the effort -- sell a few shiny boxes with stamped discs for the few people that actually give a rat's arse, but rely on the existing independent distribution network to do the majority of the work for them.

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    Je fume. Tu fumes. Nous fûmes!
  61. Re:Till you come up with a better way to make mone by NDPTAL85 · · Score: 1

    Man you just still do not get it. Its like you are blinded by all things open source. Listen to me, OPEN SOURCE DOES NOT BENEFIT EVERYTHING!

    Its not a matter of if or when black-hats will get OS X running on generic PC hardware, its been done now for over a year. Where have you been? Thats not the issue. Its possible certainly, its just not easy. The type of people who go through the trouble of getting OS X to run on a Dell are not the type of people Apple wants as customers for two reasons. 1. There's too few of them. Geeks on that level are always small in number. 2. They aren't attracted to Apple in the long run anyway. Eventually they get tired of fighting Apple's copy-protection mechanisms and go back to Linux.

    So to review, you already CAN get OS X running on generic PC hardware. What exactly does Apple have to gain by open sourcing OS X (or OS XI)? How would open sourcing the OS "save themselves most of the effort?" WTF would Apple want to HELP people run the OS on non-Apple hardware? In your three posts on this issue so far you have yet to give even ONE good reason why Apple should open source their OS. Focus, hunker down mentally and give it to us simply in one paragraph. Why should Apple do this? Why why why?

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    Mac OS X and Windows XP working side by side to fight back the night.
  62. Re:Till you come up with a better way to make mone by ajs318 · · Score: 1
    Listen to me, OPEN SOURCE DOES NOT BENEFIT EVERYTHING!
    Open source benefits a lot more people than closed source. Which would you rather have: a bank where you receive interest according to just how much money you have in your account, or a bank where you receive interest according to how much money is in everyone's account put together?
    Eventually they get tired of fighting Apple's copy-protection mechanisms and go back to Linux.
    And if there weren't any copy-protection mechanisms to fight against in the first place ..... wouldn't they stay?

    What Apple have to gain by open sourcing OS XI: more users.

    Open sourcing the OS will "save them most of the effort" of distribution, because customers will take care of distribution themselves. The most Apple need to do is seed a torrent, or whatever technology replaces that.

    Apple would want to help people run the OS on non-Apple hardware in order -- however counter-intuitive this may sound -- to sell Apple hardware. Get people used to the operating system on any old cheap hardware; then when they inevitably run up against the limitations of said cheap hardware, sell them properly-built hardware. It's a little bit less cynical than Microsoft's policy of allowing people to run pirated Microsoft software to allow them to get used to it (and incidentally kill off competitors; who's going to buy a £50 software package when they can get a £500 one for nothing?) then threatening them with jail time if they don't stump up the full price.
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    Je fume. Tu fumes. Nous fûmes!