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MySQL Changes License To Avoid GPLv3

munchola writes "MySQL has quietly changed the license it uses for its database to avoid being forced to move to the forthcoming GPLv3. CBRonline is reporting that Kaj Arno, MySQL VP of community relations, revealed the license change on his blog, noting it was made 'in order to make it an option, not an obligation for the company to move to GPLv3.'"

311 comments

  1. No one is forcing them... by Anonymous Coward · · Score: 0, Offtopic

    Why not just stay with GPLV2?

    1. Re:No one is forcing them... by Thansal · · Score: 5, Insightful
      MySQL has today refined its licensing scheme from "GPLv2 or later" to "GPLv2 only"


      that is what they did.
      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    2. Re:No one is forcing them... by Ingolfke · · Score: 3, Informative

      Why not just stay with GPLV2?

      They did. They set their license to be GPLv2 only.

    3. Re:No one is forcing them... by eln · · Score: 4, Insightful

      I don't understand why you would state in your license agreement that it would be covered by future licenses anyway. It doesn't make sense. I can see having your license say "GPLv2 or earlier," because you already know the language of the earlier licenses. It seems silly, though, for your license to state it will be covered under versions that you can't possibly know whether or not you will approve of, because they haven't even been written yet. This just seems like a common sense move to me.

    4. Re:No one is forcing them... by Anonymous Coward · · Score: 0

      RTFM. Their own policy stated that their source code was GPLv2 *or later* - they're changing this so it is only licenced under GPLv2, without possibility of GPLv3 at this time.

    5. Re:No one is forcing them... by morgan_greywolf · · Score: 3, Insightful
      I don't understand why you would state in your license agreement that it would be covered by future licenses anyway. It doesn't make sense. I can see having your license say "GPLv2 or earlier," because you already know the language of the earlier licenses.


      Because GPLv1 is more restrictive than v2. GPLv1 seems to imply that you cannot sell the code, but v2 clears up this misunderstanding. The 'or later' is attached to most GPL code because the standard license notification template attached to license says that the program may be distributed under the 'General Public License, version 2 or, at your option, any later version.'

      Of course, this move does absolutely nothing to prevent someone from making a change to a version already licensed with the old wording from distributing MySQL under GPL v3 terms. Those versions already released have 'GPLv2 or later' moniker already attached and you can't change that now.

    6. Re:No one is forcing them... by Thansal · · Score: 1

      Well, MySQL seems to be rather tied up in the GPL (from Kaj Arno's blog: "MySQL has been part of the GPLv3 Committee B advising FSF since the GPLv3 draft was announced in January 2006."), so the "GPLv2 or later" was probably some sort of support for the GPL in general. Now with GPLv3 nearing compleation (it is, isn't it? I am not really following it atm), there are probably a couple things that wory them and thus they want to stay with v2 untill there is either a wide addoption of v3 or untill the things that bug them about v3 are hammered out.

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    7. Re:No one is forcing them... by jimstapleton · · Score: 1

      It is one of the default parts of the GPL2, I never liked it myself, and I would knock it out of anything, if I had decided to put it in GPL2.

      To me, it seems like this clause being put in the GPL2 is one of those little things to try to encourage trust via the way the mind handles logical inconsitancies, even if these inconsistancies were due to accident and not intent. Either that or sheer arrogance.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    8. Re:No one is forcing them... by Delirium+Tremens · · Score: 1

      It gives more freedom to the code. You as a developper can go and get the source of the "GPL v2 or later" MySQL from 3 years ago, fork it, add a lot of Web Services features and then release the whole thing under GPL v3 -- which does protect the server-side code better in this Web era. It is something you would not have been able to do if the 3-year old code was only released under GPL v2 or v1. You would have to rewrite everything.

    9. Re:No one is forcing them... by ajs · · Score: 1

      The "or later" clause is boilerplate that FSF has suggested for decades.

      EVERYONE should read the terms that they cut-n-paste into their software carefully, and make sure that they have not put their software out under terms that they did not intend!

    10. Re:No one is forcing them... by legirons · · Score: 2, Insightful

      "I don't understand why you would state in your license agreement that it would be covered by future licenses anyway"

      You trust the FSF to make changes carefully

    11. Re:No one is forcing them... by rbarreira · · Score: 1

      In that case, they shouldn't say that you can use a later version either! Why is such a clause about versions needed anyway?

      --

      The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
    12. Re:No one is forcing them... by m50d · · Score: 1

      Because you trust the FSF to only make changes that are needed, and think the chances of there being a critical hole in the GPLv2 are enough to be worth trying to avoid.

      --
      I am trolling
    13. Re:No one is forcing them... by caluml · · Score: 1

      Indeed. I was wondering about this a few years ago.

      Say Microsoft bought out/bribed/coerced/whatevered the people that write the GPL. Then they "asked" them to write a new version of the GPL that let MS do whatever they want.
      Bam. Instantly, all GPL 2 and above apps/OSes are able to be used.

      I don't like the idea of trusting people that seem to be honest, and decent now. While the current crop seem very determined to do things the right way now, if there's one thing that history has shown us - it's that things, events, and leaders change.

    14. Re:No one is forcing them... by Schraegstrichpunkt · · Score: 1

      It's not quite that simple. That would screw up the copyright-assignment contracts other developers have with the FSF.

    15. Re:No one is forcing them... by MS-06FZ · · Score: 4, Insightful

      First, suppose you're writing project Z under the GPL and you do want it to move over to the new version of the GPL when it becomes available. Or that otherwise that you want to keep that option open.

      Next, assume that project Z is fairly complex, and becomes popular, and receives contributions from numerous developers, not all of whom stick with the project.

      Now, when the new GPL comes along, you have a potential problem: do all the contributors to the project need to approve a license change? Including all the ones you can no longer get in touch with? This is where the clause comes in handy: by submitting code under GPL2, they already [i]have[/i] approved a license change to GPL3, so you don't need their permission.

      'Course, that can be avoided if you simply make all contributors hand over copyright of their contributions to those managing the project, or otherwise get their agreement ahead of time to make certain licensing changes in the future.

      And then from a user's perspective: this clause increases what users can do with the program, it doesn't restrict users' choices. People can continue to treat the program as GPL2 licensed for as long as it's licensed that way, or they can treat it as GPL3 if there's some clause in GPL3 they find favorable. The only way it's potentially restrictive is that it allows derivative works to choose GPL3, which then prevents users of the derivative version from going back to GPL2.

      Agreeing to terms that aren't yet defined is a bit odd - it's basically just a bit of faith in the FSF that makes that work, that whatever they do with the future versions of the GPL will be for the best. But what's happening now is people aren't sure that's the case.

      --
      ---GEC
      I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
    16. Re:No one is forcing them... by Anonymous Coward · · Score: 1, Funny

      It's a world domination plan of RMS obviously. He is waiting until most software is "GPL v2 or later", then he releases v4 or whatever the current version is then, that grants him exclusive control over all software.

      How can you people not see this coming. Bwahahahaaa!

    17. Re:No one is forcing them... by aristotle-dude · · Score: 1
      How is that a problem requiring all developers to approve moving to GPL3? What is GPL3 is considered problematic by a significant number of developers?

      What is so great about GPL3? I have heard some ominous rumblings about it.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    18. Re:No one is forcing them... by LunarCrisis · · Score: 1

      How is that a problem requiring all developers to approve moving to GPL3? Tracking them all down could be hard enough. Many people tend to change their e-mails (too much spam), etc, once in a while, and if you never exchanged any other form of communication (as is often the case), you might just be out of luck. Maybe they never even gave an e-mail, but showed you the paste-binned code from an IRC room?
      --
      Mr. Period: Nine is the one that's right by ten!
      Nine: One day I will kill him. Then, I will be Ten.
    19. Re:No one is forcing them... by aristotle-dude · · Score: 1

      But you are still not explaining why developers should not be asked permission to change the license. The "or later" is dangerous.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    20. Re:No one is forcing them... by Jonnty · · Score: 1

      There was a story in a Linux magazine where everyone gets very annoyed when RMS says he preferred the BSD license anyway and escapes to an island somewhere. Not before revealing the GPLv4 license however, which is, of course, the BSD licence, much to the annoyance of everyone who copied his template verbatim.

      --
      Any grammatical or spelling errors above are for comic effect, and do not signify imperfection in the writer.
    21. Re:No one is forcing them... by Jamesday · · Score: 1

      There can occasionally be problems getting a valid new license grant from a corpse. Something about being dead, I understand.

  2. This makes no sense by John+Nowak · · Score: 3, Insightful

    "However, now, until we get clear and strong indications for the general acceptance of GPLv3 over GPLv2, we feel comfortable with a specific GPLv2 reference in our license."

    How did the old "version 2 or later" cause a problem then? All this does is restrict people from applying GPLv3 terms if they want to. It doesn't help anyone.

    1. Re:This makes no sense by Sweetshark · · Score: 2, Informative

      How did the old "version 2 or later" cause a problem then? All this does is restrict people from applying GPLv3 terms if they want to. It doesn't help anyone. Well, if MySQL should be usable with GPL2, the "or later clause" may cause problems. For example a GPLv3-only-licensed patch would force MySQL to the new license.
    2. Re:This makes no sense by sottovoce · · Score: 1
      All this does is restrict people from applying GPLv3 terms if they want to.


      That's the point. They're not sure if they like the GPLv3 yet, so they're forcing the use of GPLv2 until they decide, at which point they could continue do restrict it or not. They want the option.
    3. Re:This makes no sense by Rogerborg · · Score: 1, Funny

      It is very peculiar. I'm not sure what to make of that. I guess I'll do what I usually do, and wait for RMS to tell me what to think.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:This makes no sense by Ed+Avis · · Score: 3, Informative
      For example a GPLv3-only-licensed patch would force MySQL to the new license.
      This is irrelevant since MySQL require copyright assignment for any code they add (this is implied by the article which says that the MySQL company owns the whole copyright for MySQL).
      --
      -- Ed Avis ed@membled.com
    5. Re:This makes no sense by Baricom · · Score: 2, Interesting

      But they're not forcing anything. Anybody with old code can still patch with code licensed by GPL version 3. All this does is restrict code released starting today.

    6. Re:This makes no sense by Cyclops · · Score: 4, Interesting
      Well, if MySQL should be usable with GPL2, the "or later clause" may cause problems. For example a GPLv3-only-licensed patch would force MySQL to the new license.
      This makes absolutely no sense:
      1. they have the right to REJECT the patch
      2. they require copyright assignment so they could change the license anyway


      Somehow, when a company capitalizes on the "commercial" confusion, it doesn't surprise me at all that they would make this "error" (I don't think it's accidental, I mean to suggest they are faking a confusion, as in the "commercial" term, in order to forbid anyone from making a GPL V3 fork of MySQL)

      The "commercial" term "confusion" they capitalize upon make many think that in order to make a commercial application they would have to get the proprietary version of MySQL.

      That, of course, makes no sense at all. The FSF explains it very succintly, and David Wheeler quite recently explained it in a very detailed manner.
    7. Re:This makes no sense by Anonymous Coward · · Score: 0

      It is Flamebait only because you stated it openly.

    8. Re:This makes no sense by Anonymous Coward · · Score: 0

      Of course it's irrelevant... MySQL are full of shit -- as they have always been when it comes to Free software. Frankly, I don't know why anyone has ever trusted them, or used their hopelessly bad database.

      The GPL v2 does not in any way obligate anyone to use later versions -- it is explicit about that. On top of that, MySQL owns the copyright on their code... even if the GPL v2 had a fucking term say that "you must hand over your first born son in order to use this software" -- THEY would not be bound by it. Any more than Microsoft is bound by their own fucking hellish EULA.

    9. Re:This makes no sense by Anonymous Coward · · Score: 0

      They never allowed any commercial company to use GPL so they are just exploiting the open source movement...

    10. Re:This makes no sense by Jamesday · · Score: 1

      Nothing in the GPL license prohibits commercial use of MySQL. What is restricted is use of MySQL with proprietary software licenses, which is prohibited by the GPL license. That's a very different thing from prohibiting commercial use. Even then, MySQL offers commercial licenses for those who want them.

  3. We're going to have to do this with Adium as well by 1155 · · Score: 5, Insightful

    We're going to have to do this with Adium as well. We are unable to contact some contributors to get their ok on using GPLv3, and rather than disrespect their contributions by pushing the bottom line of v3, we're going to have to keep using v2 since it's the license they submitted with.

    I completely agree with this in either case. v3 is about pushing an agenda within a license from what I can tell, rather than sticking to what it is, a license. It's their license, fine, but pushing their own goals through it makes it even more restrictive to use the GPL than it already is. It's frustrating.

  4. Good for them. by FishWithAHammer · · Score: 3, Interesting

    I have severe problems with the GPLv3 as-is; I feel they're trying to stuff a brand of morality and a system of thought down the throats of programmers who licensed their creations in good faith under the GPLv2.

    Anyone who takes a step back and says "now wait a tick" to that kind of thing, I like. Maybe the GPLv3 won't be as bad as it seems, but that little "or any later version" clause is one that simply should not be included for projects of any magnitude.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    1. Re:Good for them. by Anonymous Coward · · Score: 0

      "I have severe problems with the GPLv3 as-is; I feel they're trying to stuff a brand of morality and a system of thought down the throats of programmers who licensed their creations in good faith under the GPLv2."

      apply a bsd license to your code then. if it's good, i'll be happy to kife it and rerelase it as a cots product.

      copyleft licenses exists to protect freedom - not to be freeware. gpl2 has too many loopholes that circumvent that intent.

    2. Re:Good for them. by Undertaker43017 · · Score: 0, Troll

      "I have severe problems with the GPLv3 as-is; I feel they're trying to stuff a brand of morality and a system of thought down the throats of programmers who licensed their creations in good faith under the GPLv2"

      The GPL and the Communist Software Foundation have always been about pushing their "brand of morality and system of thought", GPLv3 is just adapting to a changing world.

      If you truly want to release free software use a BSD or similar license.

    3. Re:Good for them. by Anonymous Coward · · Score: 2, Insightful

      > copyleft licenses exists to protect freedom - not to be freeware. gpl2 has too many loopholes that circumvent that intent.

      GPLv3 says:

        * don't do this
        * don't do that
        * mustn't do foo

      Sure sounds like freedom. (sarcasm)

      GPLv2 has restrictive bits in it, but developers have decided that those bits are worth it.
      This may be the case also with GPLv3. But a switch from GPLv2 to GPLv3 would see more restrictions
      applied to a project.

      eg.

      Lets say GPLv2 has 5 restrictions. Let's say GPLv3 has 10.
      A switch from v2 to v3 incurs a gain of 5 restrictions to the project. Essentially
      the project becomes more restrictive than what it has been in the past.
      This has the effect of reducing freedoms.

        - 51acf00e7b6e2977807a371f24007eb39a863e7f

    4. Re:Good for them. by FishWithAHammer · · Score: 1

      Should I ever release open source, I plan to use the BSD license, unless there are solid reasons not to.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    5. Re:Good for them. by hitchhacker · · Score: 1

      GPLv3 says:
      * don't do this
      * don't do that
      * mustn't do foo
      Sure sounds like freedom. (sarcasm)


      I hate beating a dead horse, but I thought this argument was way past deceased.
      eg. "You must not own slaves".
      This is a restriction, yes?
      Does it increase or decrease freedom?
      Now you get it! Who's freedom??

      -metric

    6. Re:Good for them. by Jamesday · · Score: 1

      Slaves were defined as being as property.

      That definition was the problem, though just a symptom of the underlying one, the belief that it was acceptable to have humans as slaves. Remove that definition and the Constitution already prohibited slavery, as a restriction of liberty.

      Once you have to enumerate and define freedoms, it's implicit that you have limited them in some way, otherwise you wouldn't need to be defining what they were, to exclude those you don't get or those who don't get them.

  5. Jumping the Shark by Snap+E+Tom · · Score: 0, Troll

    And they recently stopped putting the newest versions of MySQL on the website community download page, too. (5.0.27 on the DL page versus 5.0.30 on the FTP server) Time to fork?

    1. Re:Jumping the Shark by FishWithAHammer · · Score: 2, Insightful

      Fork because you have to FTP the very latest releases? Bit drastic, don't you think?

      Forking a project is a weapon-of-last-resort. MySQL has never said that they won't use GPLv3, they just want to see the bloody thing first and decide for themselves.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    2. Re:Jumping the Shark by Jamesday · · Score: 1

      The Community download pages give the links to the Community source for the version being made available to the Community. The 5.0.30 version doesn't belong there because it's not the correct version.

      If you think MySQL was hiding the 5.0.30 source, I wrote this in a bug report back on 30 November, about two weeks after 5.0.30 was released:

      "Those who are not Network/Enterprise or other Support customers can obtain the
      Enterprise source code from ftp://ftp.mysql.com/pub/mysql/src when it is
      released there"

      The current plan is to have a new Community build from MySQL sometime in February. Subject to change, as always, so treat it as "sometime around then".

  6. Re:Hoopla! by F452 · · Score: 5, Insightful

    I think it's possible you have no idea what free software is about. You seem to have a grasp of free as in free beer, but not free as in freedom. Saying "maybe here is the source and don't sell without my permission" has nothing to do with free software.

  7. Re:Hoopla! by Da+Fokka · · Score: 1

    I understand your sentiment. But the rigid approach does have some merit. Does SCO ring a bell?

  8. Absurd! How Dare They?! by Anonymous Coward · · Score: 0

    That's it, I've had it! I'm switching to SQL Server!

  9. Re:Hoopla! by Jussi+K.+Kojootti · · Score: 3, Interesting

    "has become"? Maybe you should do some research find out what Free Software means and has meant for as long as the term has existed... What you are suggesting is not even close to the definition pretty much everyone else uses.

  10. Re:We're going to have to do this with Adium as we by F452 · · Score: 1

    The GPL has always been about promoting the agenda and goals of the Free Software Foundation. Yes, it's "just" a license. Licenses are always about furthering goals. Do you think Microsoft doesn't have an agenda and goals with their licenses?

    I'm not sure from your description what the problem is with your project. If people had previously submitted code under GPLv2 only, then I would think most of the code would have to be GPLv2 only, so no change would be necessary? Is it possible to mix "GPLv2 and later" and "GPLv2 only"?

  11. Uhm. And? by repvik · · Score: 3, Interesting

    Let me see.... So, they're changing the licence from now on. But I can still download a GPLv2-and-later licenced one that just isn't the latest version.

    So, are they planning on adding features that will be incompatible with GPLv3?

    1. Re:Uhm. And? by repvik · · Score: 3, Insightful

      As a sidenote, having a licence that specifies "this version or any other later revision of this licence" is kinda braindead. That makes it possible to do all kinds of neat tricks to the licence, and you can't really do anything about it (Except change the licence for the next release).

    2. Re:Uhm. And? by Cylix · · Score: 1

      Actually, I'm not going to chastize them for the change, but rather laugh at them for not fixing that clause a long time ago.

      It's just plain dumb to have a license that can be retroactively changed by anyone other then you.

      Think about it in terms of common sense.

      Would you trust your benevolent dictator or hedge your bets to ensure a path chosen by you.

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    3. Re:Uhm. And? by SMQ · · Score: 2, Informative

      So, are they planning on adding features that will be incompatible with GPLv3?

      Sure, every change they've made or will make that's licensed GPLv2 only. You can indeed download the most-recent "GPLv2 or higher" code, but if you then patch it with any "GPLv2 only" code you can only redistribute under GPLv2.

      --
      SMQ 90AE4B2BC4F6BEAF7340F0B40BA2DEF7340F6BC2D0392
    4. Re:Uhm. And? by ajs · · Score: 3, Insightful

      They just want to have the chance to look at v3 and see what it means for their business. I don't think that's an unreasonable possition to take, especially given that FSF is hell-bent on making the v3 license a big advocacy push against DRM and patents that might have substantial collateral damage among free software businesses.

    5. Re:Uhm. And? by marcosdumay · · Score: 1

      Right before that clause there is a note saying that future licences will have the same spirit (read intention) than the curent one. That means, the licence protect the 4 freedoms, for you and everybody that you send a copy of the work (and that is quite clear at the licence).

      All those problems are caused by people that want the benefits that GPL give them (code hard to steal, a communit that develops for you, and a few others) without wanting the obligations that come with them. But both come toguether, GPLv2 is FLAWED and, now that we know its flaws, it won't give you the good stuf anymore.

    6. Re:Uhm. And? by Xenographic · · Score: 1

      > As a sidenote, having a licence that specifies "this version or any other later revision of this licence" is kinda braindead. That makes it possible to do all kinds of neat tricks to the licence, and you can't really do anything about it (Except change the licence for the next release).

      I take it you don't actually know *why* that clause is in there? For a work like Linux, it's so that it's *possible* to update the license (they don't use it, but if they did, they'd be able to update the license).

      Why do you update a license? The first reason would be to address legal loopholes that have come about due to changes in the law. If you can't respond to these changes, it's like having a binary you can never change that now has a remote exploit. Oops, too late now...

      Now, what "cute tricks" are possible? Say you put it on there back in GPL v1 days, so you have a license for GPL v1 or later. That means that anyone can download it and then choose to abide by the GPL v1 as a whole, or the GPL v2 as a whole, or both so long as at least one of the licenses is fully satisfied. According to the FSF, the licensee choses the license they accept, not the licensor.

      So what evil tricks can they add to it? Say the GPL v3 says that you have to give SCO a billion dollars (it won't, but just say it did). Well, unless you have a v3 only license, you can just accept a v2 license and tell SCO to go to hell. Thus, the only "trick" you can perform is giving people additional freedom--otherwise they'll just take the old license instead.

      True, when you update, you can start saying that you only offer GPL v3 or later with your new additions. That's a separate case, but they can just use the old v2 licensed software instead.

      In other words, license updates are like software updates: they can be a pain in the ass, but sometimes they're needed, and making them impossible isn't always a good idea.

      Disclaimer: IANAL.

    7. Re:Uhm. And? by swillden · · Score: 1

      As a sidenote, having a licence that specifies "this version or any other later revision of this licence" is kinda braindead. That makes it possible to do all kinds of neat tricks to the licence, and you can't really do anything about it (Except change the licence for the next release).

      However, those "neat tricks" can also be beneficial, so it can also be a good idea.

      Really, it just comes down to a question of how much you trust the author of the license. If you can safely assume that future revisions won't do anything you disagree with, then that's fine. Personally, I'm very much in agreement with the goals of the FSF, and I have confidence that they aren't going to change -- RMS hasn't changed his perspective one iota in the last 20 years, so I think we can safely assume he won't change it in the future.

      Now, if you *don't* agree with the goals of the license author, or don't trust those goals to stay fixed, then, sure, using the "or later" clause is a bad idea.

      Either way, there's nothing "braindead" about it. It's just a matter of understanding the motivations and goals of the license and software authors, and deciding what makes sense for everyone concerned. Linus thought about it, and chose v2 only. Others are in closer agreement with RMS and the FSF, and prefer v2+. Where you are depends on you.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    8. Re:Uhm. And? by ray-auch · · Score: 1

      Right before that clause there is a note saying that future licences will have the same spirit (read intention) than the curent one. That means, the licence protect the 4 freedoms

      Neat trick - can I borrow your tardis ?

      Clue: The four freedoms as currently stated date from around '96 or '97. The current GPL is much older than that. Therefore if the four freedoms are the stated intention of the future (GPLv3) licence, then the stated intention is clearly not the same as the previous version.

      The differences in intention from v2 to v3 may be subtle and may be unimportant, or even unnoticed, for you, but that does not mean they are not there. For some people in the GPL community those differences will (inevitably - since there are many many different people in that community) be significant.

    9. Re:Uhm. And? by arth1 · · Score: 1
      Really, it just comes down to a question of how much you trust the author of the license. If you can safely assume that future revisions won't do anything you disagree with, then that's fine. Personally, I'm very much in agreement with the goals of the FSF, and I have confidence that they aren't going to change -- RMS hasn't changed his perspective one iota in the last 20 years, so I think we can safely assume he won't change it in the future.

      Even though others (like Torvalds) have flip-flopped, I agree that Stallman's integrity is exceptional. However, I don't trust RMS to live forever, and I don't necessarily trust his successors.
    10. Re:Uhm. And? by swillden · · Score: 1

      I agree that Stallman's integrity is exceptional. However, I don't trust RMS to live forever, and I don't necessarily trust his successors.

      I trust Stallman to ensure that his successors can't stray far from his ideals.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    11. Re:Uhm. And? by jesup · · Score: 1
      I trust him to try. And they may. But even "binding" trusts backed by billions of dollars in art and hundreds of millions in cash can end up being "broken" by the courts if a crisis is created, subverting the original intent. (See Barnes Museum in Philadelphia, now slated to move from his mansion in the near suburbs to the middle of Philadelphia to "solve" an (avoidable) crisis.) Now that's a different sort of thing, but it illustrates the point that it's hard to bind successors to even hard-written details ("the artwork is not to be moved from current location"), let alone philosophies.

      Even assuming good faith, successors may disagree what actions compromise following the intentions of the founder. And (to use another not-direct example), the "party" Leiberman created in Connecticut so he could get a better spot on the ballot ("Connecticut for Lieberman Party") has been taken over by one of his critics, who has set the rules so that only "critics, bloggers and anyone named Lieberman can join the party".

      The "or any later" clause is a blank check. It doesn't stop someone from using V2, but by contributing to that you're allowing for your contributions (once someone else submits a V(>2)-only patch, effectively making the package V(>2)-only from then on) to be licensed under a license that didn't even exist when you effectively agreed to it. For example, if you agreed with V2, but now think the (likely) V3 restrictions on DRM are too restrictive - too bad, you effectively agreed to your patches being used as a tool in the war against DRM. (And perhaps you're happy with that instead of upset - great! But my point is that your contribution can be used to promote goals that didn't even exist when you agreed to it.)

      Hell, what if there were to be a schism in the FSF over some issue? What if there were two competing V3's? It says

      If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation."
      For that matter, what does "Publish" mean there? If FSF "publishes" on their website something meant as a draft of V10, it seems like that counts as "publish" and could be used. What if there's a typo in a version they "publish"? Once it's "published", it can't be taken back per the above wording. Note that "publish" doesn't mean "gave a number to", "publish" means
      1 a : to make generally known b : to make public announcement of
      2 a : to disseminate to the public b : to produce or release for distribution; specifically PRINT c : to issue the work of (an author)
      So which of those applies? Now, perhaps the legal argument is that a draft isn't a "version" of "this License", but typoed 'versions' would be, wildly different versions would be, and inadvertently-released versions would be (if someone put it on their website or any other FSF "publication" forgetting to put "draft" on it). You might even have a case where someone who works for the FSF "publishes" (without permission from Stallman) a "GPLv10" that says "copy in any way you want" for 5 minutes on their website or on FSF letterhead. A court might find that to be an FSF "publication" of a version of the license, allowing it to be used with all V2+ projects and code submitted under V2+.

      Basically, you can drive a truck through "V2+", which is exactly how Stallman wanted it - he has his own personal truck, which you may (or may not) agree with where he's driving it, or where he may decide to drive in the future.

  12. Re:Thank You Speghetti Monster! by F452 · · Score: 4, Insightful

    You're absolutely right that what has been done can be lost. Lost to companies that use DRM and patents to take away our freedom. "Tivoization" is just a proof-of-concept. Without GPLv3, companies will start exploiting loopholes like that more and more, until one day people realize it really can be taken away.

  13. Freedom is scary by crosbie · · Score: 1, Informative

    Given the GPLv3 (however it's written) cannot reduce the liberty provided by the GPLv2, one can only imagine that those who cross out "or later" are fearful that the public may be given more liberty by the GPLv3 than they'd prefer them to have.

    What kind of liberties are there to be afraid of?

    The GPLv3 can only restore the liberties suspended by copyright, patents, and the DMCA. It cannot grant any additional liberties, e.g. to inspect the publisher's premises, or to sleep with its CEO's daughter, etc.

    1. Re:Freedom is scary by bluefoxlucid · · Score: 2, Insightful

      Unless someone makes a specially modified MySQL for a closed device (TiVo?), redistributes the source code with the modifications but under the same license ("...GPLv2 or any later version"), and then you leverage that you have accepted the software under any later version (GPLv3 specifically) to legally force the manufacturer to release encryption keys and free up any patents he owns.

      Yes, some companies may prefer to use MySQL or MySQL-embedded as GPL software and release the code, working on a service model for some embedded device; rather than paying for a commercial license. Look at Linksys and their Linux firmware, "Download GPL code here." They COULD have used BSD or Minix!

    2. Re:Freedom is scary by geoffspear · · Score: 2, Insightful

      Given the GPLv3 (however it's written) cannot reduce the liberty provided by the GPLv2

      Sure it can. If you grant me the right to redistribute a derivative work from something you've written under GPLv2 or later, and GPLv3 says I can sell a work without providing any source whatsoever, you can't stop me from taking your work and releasing a closed source product using your source. I don't think "however it's written" means what you think it means. Even if you firmly believe that GPLv3 will do no such thing, can you be sure that GPLv10 won't? It's foolish to agree to license something under a license that hasn't been written and will be written by someone you don't know.

      --
      Don't blame me; I'm never given mod points.
    3. Re:Freedom is scary by Anonymous Coward · · Score: 0

      > What kind of liberties are there to be afraid of?

      It is funny how GPL software is always described as more free - if you think about it, is it really free when I can't take it and use it for whatever purpose I want?

      Free speech is often tested and challenged by what happens to those that say things someone doesn't want to hear. If you apply the same logic to software, then GPL is not free at all. There are plenty of people that want a license that puts hard restrictions on what you can do with their source code, and for certain such people GPLv2 can be a good choice, but please don't fool yourself to think that freely available software means free (as in freedom).

    4. Re:Freedom is scary by crosbie · · Score: 1

      A later version cannot reduce the licensee's liberty, but yes, I suppose it could reduce the obligations imposed on the licensee to preserve liberty for their licensees.

      However, that would indicate that FSF had completely lost the plot - no sign of that so far.

      So, yes, I will concede that a later version of the GPL could end up reducing the PUBLIC's liberty (even if it cannot reduce the licensee's liberty).

    5. Re:Freedom is scary by crosbie · · Score: 1

      "Freedom of the licensee to suspend the public's liberty" vs "freedom of the public" can be confusing. I get tripped up over it myself (as I did in my post above).

      You've got to be eternally vigilant in holding uppermost in your mind that the freedom provided by the GPL is not to a specific licensee, but to all licensees of all published copies and all published derivatives.

      Hence, a license for the general public that restores to it the freedoms otherwise suspended by copyright, patents and the DMCA.

      The BSD neutralises copyright, whereas the GPL nullifies it.

      The GPL restores liberty to the public, whereas the BSD restores it only to first generation licensees.

    6. Re:Freedom is scary by crosbie · · Score: 1

      That's the point I was obliquely trying to make, i.e. that those who prefer 'GPLv2 only' probably do not have the public's liberty uppermost in their mind, but rather an eye toward potential revenue models on the horizon that rely on its suspension (patents/DMCA).

    7. Re:Freedom is scary by Schraegstrichpunkt · · Score: 1

      Unless someone makes a specially modified MySQL for a closed device (TiVo?), redistributes the source code with the modifications but under the same license ("...GPLv2 or any later version"), and then you leverage that you have accepted the software under any later version (GPLv3 specifically) to legally force the manufacturer to release encryption keys and free up any patents he owns.

      And then you get laughed out of court.

      Seriously, do you people even bother to try to understand something before you spout garbage like this?

    8. Re:Freedom is scary by geoffspear · · Score: 2, Insightful

      Unless RMS is being a total hypocrite by not sharing the secret to immortality he's discovered with anyone outside the FSF, no one can really predict whether or not the FSF will one day change into something completely different, but retain the right to release licenses called "GPL".

      In any event, anyone releasing software under the GPL whose primary concern isn't with the Public's right to use their software and any future revisions thereof is probably missing the point of the license.

      --
      Don't blame me; I'm never given mod points.
    9. Re:Freedom is scary by QuantumG · · Score: 1

      How about you judge them then instead of now and just say thank you now for doing the legal work to make you a great license in the first place.

      --
      How we know is more important than what we know.
  14. GPLv3 by dheera · · Score: 1, Informative

    From GPLv3 draft 2: "(For instance, if the work is a DVD player and can play certain DVDs, it must be possible for modified versions to play those DVDs. If the work communicates with an online service, it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish.)"

    bad idea. this means when BluRay comes out, someone cannot take existing DVD-based GPL code and mod it to work with BluRay if it won't also work with DVD.

    "This License permits you to make and run privately modified versions of the Program, or have others make and run them on your behalf. However, this permission terminates, as to all such versions, if you bring suit against anyone for patent infringement of any of your essential patent claims in any such version, for making, using, selling or otherwise conveying a work based on the Program in compliance with this License."

    i never like the wording of this one this one. (a) "if you bring suit" is not the same as "if you win the suit". and (b) why would a patent suit end said permission? if the patent suit is in one country, development could then just move to another country under which the original patent has no jurisdiction. basically, i'm not in agreement with patent suits winning in ANY case where the patent owner has only created a design but no implementation. if the inventor of an idea does not plan on implementation him/herself in a reasonable time, it is HINDERING THE WORLD to let them have a patent, because all they have done is lock up an idea from being developed. if they want to start a business and implement their idea, however, great.

    1. Re:GPLv3 by F452 · · Score: 1

      For your DVD example, I don't think that's what the license draft says at all. Nothing says your modified code has to do anything. The requirement is that your modified code still be *able* to do what the original code does, *if you want it to*. This is to protect against the Tivoization problem.

    2. Re:GPLv3 by Anonymous Coward · · Score: 0

      "it must be possible for modified versions" does not mean that the modified versions _have_ to do it. It only means what it says, it _must_ be possible to do modified versions that can still play DVDs, right?

    3. Re:GPLv3 by geoffspear · · Score: 1

      Does it also mean that if I, for example, take the code behind Gaim's GUI and use it in a program that has nothing to do with instant messaging, that I violate the license if my new product can't communicate with AIM, MSN, Jabber, etc. servers? So much for code reuse.

      --
      Don't blame me; I'm never given mod points.
    4. Re:GPLv3 by mhall119 · · Score: 1
      rom GPLv3 draft 2: "(For instance, if the work is a DVD player and can play certain DVDs, it must be possible for modified versions to play those DVDs. If the work communicates with an online service, it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish.)" bad idea. this means when BluRay comes out, someone cannot take existing DVD-based GPL code and mod it to work with BluRay if it won't also work with DVD.
      While the wording may be so vague as to lead to this conclusion, it is not the intent of the GPLv3. Suppose I take a GPL'd DVD player and modify it so that it can read my special encrypted DVDs. In order to be compatible with GPLv3, I need to either make the decryption key available under the GPL, or allow the encryption key to be changed without rendering the program nonfunctional. The point is that you must distribute under the GPL every part of the program necessary for it function.
      --
      http://www.mhall119.com
    5. Re:GPLv3 by cortana · · Score: 1

      I invite you to make these comments on the official GPL v3 site. That way, the licence authors and other interested parties will be able to take them into consideration.

    6. Re:GPLv3 by Anonymous Coward · · Score: 0

      I don't know how you get that conclusion; maybe it's because I have read more about the new license and don't really see where you're getting confused, but I can assure you that your intepretation is wrong.

      The major changes, including the clause you point out, are there to stop vendors from adding their own proprietary 'magic' (like a binary firmware driver or a secret key) and thus making the remainder of the GPLd software useless if you want to run a modified version on their hardware (or on their networks or whatever).

      I personally doubt it'll work. I suspect we'll just see a lot of BSD based hardware and paid-off GPL programmers (in return for a non-GPL version of the code).

      I stinks, and I totally understand why the GPL v3 was born - just about every complex consumer device I have come across in recent times could have been improved upon. I would dearly love access to the source code for my Tivo-style DVR to make some much needed improvements.

    7. Re:GPLv3 by SanityInAnarchy · · Score: 1

      No, it does not require that all modified versions be able to do that. It simply requires that a modified version can be written to do that.

      This means, for instance, Microsoft can't take Gaim, release it as a new version of MSN Messenger, and use Trusted Computing to prevent their servers from communicating with modified versions of Gaim.

      --
      Don't thank God, thank a doctor!
    8. Re:GPLv3 by SanityInAnarchy · · Score: 1
      bad idea. this means when BluRay comes out, someone cannot take existing DVD-based GPL code and mod it to work with BluRay if it won't also work with DVD.

      No.

      As I understand it, this does not require any modified version to be able to play a DVD, any more than GPLv2 requires everyone who downloads VLC to download the VLC source code. It simply requires it to be possible.

      Now, this does mean we can't really have GPL'd Blu-Ray players until it's broken. That is because if anyone ever wrote a GPLv3 Blu-Ray player, it would have to be possible for me to modify it to rip perfect copies of that disc. Thus, they might use GPLv2 with Blu-Ray, because they can use Trusted Computing to prevent any modified version from working, but they cannot use GPLv3.

      The hope of GPLv3 is that it will be a factor in convincing the **AA's to stop this DRM crap.

      (a) "if you bring suit" is not the same as "if you win the suit".

      Correct. The FSF doesn't want patent suits to ever be an issue in software development, and frankly, I agree. It will likely be at least fifty years until any government implements a patent system that actually reflects the realities of software.

      In the meantime, this essentially says that if you want to use the software, you cannot sue any of the developers for patent infringement. And that seems fair enough, even ignoring the fact that software patents don't work now. As it is, the only people I can imagine this causing problems for are patent trolls.

      After all, if you have patented an idea, and you're actually developing useful software with it, there's nothing to stop you from using your own software instead of the GPL'd stuff. You're just not allowed to type your court papers in OpenOffice while you're suing OpenOffice.org.

      (b) why would a patent suit end said permission?

      Because the license says so. Now, if your question is "why should it"... see above and below.

      if the patent suit is in one country, development could then just move to another country under which the original patent has no jurisdiction.

      Except that there are treaties, and that there's a limited number of countries to go to, and that I'd have to give up development. C'mon, man, I'm eating Ramen, you expect me to move to Finland or something, just to avoid the patent trolls?

      Fuck no. We make a stand, here, now. No more patent trolls -- or at the very least, they don't get to use my software.

      --
      Don't thank God, thank a doctor!
    9. Re:GPLv3 by tweek · · Score: 1

      While the wording may be so vague as to lead to this conclusion, it is not the intent of the GPLv3

      Intent has nothing to do with it. How many times have we seen people only follow the letter of the law but not the spirit. There are such things as unintended consequences and even having that door is enough to make most people think twice.

      Always be wary of "vague"

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    10. Re:GPLv3 by Anonymous Coward · · Score: 0
      I invite you to make these comments on the official GPL v3 site. That way, the licence authors and other interested parties will be able to take them into consideration.

      might help if you gave them the link to the GPLv3 Comment Site.

    11. Re:GPLv3 by mhall119 · · Score: 1

      The wording was only an example, I'm not sure if that text is even part of the GPLv3 drafts or not.

      --
      http://www.mhall119.com
  15. Re:Hoopla! by geoffspear · · Score: 1

    I'm not interested in making money, and you can't do it either.

    The GPL doesn't forbid you from making money. Mod parent Troll.

    --
    Don't blame me; I'm never given mod points.
  16. Re:Hoopla! by Anonymous Coward · · Score: 1, Interesting

    No. I'm still going to release everything I do under the GPL, just to annoy BSD fanboys like you.

    Just because right now I'm not making money from most of the the software I release under the GPL, doesn't mean that I may not choose to try and do so in the future. If I'm short sighted about it and release my software under the BSDL now only to find that when I do decide I'd like to commercialise my software that someone else is already doing so, I will have shot myself in the foot. Using the GPL doesn't stop this happening as such, but it does place me back on a level playing field with whoever else is commercialising my software.

    Of course those people who do release their software under the BSDL are welcome to do so, and I say fair play to them. They're obviously happy to do that. I am not (For the most part)

  17. Re:Hoopla! by zeromorph · · Score: 1

    You are right he has no idea, but the point I would like to have taken seriously is his question:

    is it possible that the FOSS movement has gone too far in trying to protect free software?

    I mean a lot of people I spoke with seem to have the perception of the FOSS movement as a group of pedants and sticklers for the letter of the law, who have gotten entangled in sophistry and formalistics struggles over nuances of formulations.

    I understand that all that is necessary as soon as enough money is involved, but I also see part of the strength of the movement (don't really like that word) going down the drain with that.

    No solution from my side, though.

    --
    "Hannibal's plans never work right. They just work." Amy/A-Team
  18. question by slack_prad · · Score: 1

    Can I get the source of a software which is licensed GPL2 only, make changes to it and release it as GPL3? Second question: How about the other way round?

    --
    Sent from my desktop computer
    1. Re:question by burndive · · Score: 1

      No. You can, however, get the source which is GPL2 "or later", make changes to it (or not) and release it as GPL3 (or later, if you wish). You cannot go backward, however.

      --
      ...because "hacker" sounds way sexier than "code drone."
    2. Re:question by SanityInAnarchy · · Score: 1

      Only if they licensed it under the "GPLv2 or later", which most are. And not the other way around.

      You can make changes, but you only own the copyright to your changes. Thus, you have to get permission from all the copyright holders in order to change the license. However, if it's licensed under "GPLv2 or later", then you can certainly distribute it under "GPLv2 only", or "GPLv3 only", or "GPLv3 or later".

      By the way, this is why several large open source projects create organizations to hold the copyrights -- so they can change the license. If tons of people own the copyrights, but it's licensed under "GPLv2 or later", then you can only change the license to later versions of the GPL -- and anyone else can, too. This is also worrying, because the FSF can release any GPL they want, and your software can be released under it. However, if you keep the copyrights and release it under "GPLv2 only", then you can choose to switch to v3 later, or BSD, or any other license you like -- you can dual-license it.

      So, basically, what MySQL is doing is saying that the MySQL team gets to choose the license, and the FSF does not. And there's nothing wrong with that. I do hope they go GPLv3, but if it was my software, I'd be waiting for the final version, too.

      --
      Don't thank God, thank a doctor!
    3. Re:question by spitzak · · Score: 1

      No to both.

  19. GPLv2 is not the same as GPLv2 Only by Anonymous Coward · · Score: 0

    If they submitted it under a GPLv2 Only license then what's the problem? If you retroactively change all the code to GPLv2 Only you still have to ask all of them, simply assuming that is what they want is more presumptuous than simply allowing what the license says ad verbatim. In fact, it is an additional restriction which you can not legally apply.

  20. Doublespeak by spiritraveller · · Score: 5, Informative

    Kaj Arno, MySQL VP of community relations, revealed the license change on his blog, on December 22, noting that the license for MySQL 5.0 and 5.1 had changed from "GPLv2 or later" to "GPLv2 only". As he explained, this was "in order to make it an option, not an obligation for the company to move to GPLv3".

    To be more clear, what they have done was **take away the option** for other people to distribute the code under a GPL version higher than GPL2. Under the old wording, the company has no obligation to distribute their code under GPL3, even after GPL3 is released.

    MySQL AB could continue distributing the code under GPL2 and leave others with the option of distributing their derivatives of it under GPL3. So their concern is what **other people** might do with their code, and has nothing to do with MySQL AB being forced to do anything.

    What they are actually concerned with is a forking of their project by a group of developers who prefer GPL3 over GPL2. Anyone so inclined could still create such a fork using a version of MySQL distributed under the old wording (including the most recent current versions, if they received the code under the old license). They just wouldn't be able to use any code from MySQL that came after the license change. It would have to be a clean break, with no sharing of code after the license change.

  21. what does GPL3 make worse ? by erlehmann · · Score: 3, Insightful

    I have severe problems with the GPLv3 as-is; I feel they're trying to stuff a brand of morality and a system of thought down the throats of programmers who licensed their creations in good faith under the GPLv2. "programmers in good faith" can still develop every bit with the "or-any-later"-clause. and free software is about a system of thoughts: users have a right to know how the software works, a right to tinker and a right to pass their changes on. nearly everyone who contributes to free / open source software has accepted this, be it b/c of morality (FSF ppl: RMS for example) or b/c they think its a far superiour development model (OSS ppl: Linus, ESR).

    okay ? now the interesting stuff: the FSF is just trying to keep up with teh evil(tm).
    honestly, which responsible developer of GPLed software could like "tivoisation" ? if you program a software that is for everyone free to modify and some company uses it on their devices (that is like ... video recorders !), effectly denying the users "the right to tinker", could you want that, if you chose the GPLv2 ? tivoisation is proprietarisation, therefore any BSD developer could be happy with it, but a GPL-software developer ?

    or the novell-m$ contract: with GPLv3 that would be explicitly outlawed. and no one except novell, m$ and their customers could want such a contract - i am not even sure if their customers could want it.

    after that, what is your problem with GPLv3 ?
      they are just changing the wording, not the intent.

    Anyone who takes a step back and says "now wait a tick" to that kind of thing, I like. Maybe the GPLv3 won't be as bad as it seems, but that little "or any later version" clause is one that simply should not be included for projects of any magnitude. exactly that is the point: "maybe GPLv3 wont be as bad as it seems". by removing the "or-any-later"-clause, they hinder anyone to try it. that is the point. of course, mysql is written by a company, so its not so bad - they have the copyright, they could make it GPLv3 whenever they want. but OTOH meaningful "community" projects like the linux kernel can never make it to GPLv3, even if later on it is clearly that GPLv2 has a huge loophole. that is the danger that lies in removing the "or-any-later"-clause.
    1. Re:what does GPL3 make worse ? by Anonymous Coward · · Score: 0

      > or the novell-m$ contract: with GPLv3 that would be explicitly outlawed. and no one except novell, m$ and their customers
      > could want such a contract - i am not even sure if their customers could want it.

      Just because their customers don't want it, doesn't mean people should forbid it in the license.

      What's so outlaw-able about the Novel-M$ deal? I don't like it, you don't like it. Others don't like it.
      Hell, if we started outlawing things we don't like, there'd be nothing left *to* like.

      Another case where the GPLv3 would put more restrictions on what developers and users can do.
      Less freedom. Isn't that against the spirit of the GPL and FOSS?

        - 51acf00e7b6e2977807a371f24007eb39a863e7f

  22. A little late ! by redelm · · Score: 1, Insightful
    It appears that MySQL has just woken up to the odd GPLv2 clause giving users the right to apply a later version at their option. Who could possibly accept such an unknown clause? Linus can't, and hasn't. I doubt Linux could be moved to GPLv3 even if he wanted to -- too many authors.

    As for the danger of GPL subversion, it is clear and present: RMS could and would insert "As oversight authority, the FSF is party to this licence and may sue for enforcment" [@11 ur baze b3l0ng 2me]

    1. Re:A little late ! by spiritraveller · · Score: 1

      It appears that MySQL has just woken up to the odd GPLv2 clause giving users the right to apply a later version at their option. Who could possibly accept such an unknown clause? Linus can't, and hasn't. I doubt Linux could be moved to GPLv3 even if he wanted to -- too many authors.

      The clause giving users the right to apply a later version is neither unknown, nor part of the GPL. Rather, anyone who distributes their code under the GPL has the choice of allowing his users to use a later license or not. That language is specifically left outside of the GPL in order to give authors that choice. True, if you allow your users to do this, you are trusting the FSF to act in your interest, but that's a choice you are given.

      The main reason Linus can't move Linux to GPLv3 is that he has been applying "GPLv2 only" to the code for quite some time, and any author who contributed code under that license would have to be contacted. If Linus had chosen to use "GPLv2 or any later version of the GPL", then it would not be a problem. It was Linus's choice, and he made it before GPLv3 was even in discussion.

      As for the danger of GPL subversion, it is clear and present: RMS could and would insert "As oversight authority, the FSF is party to this licence and may sue for enforcment"

      First, the FSF is not a party to the license. It provides the license for use by other authors. Essentially, it is a free legal service. If you wanted to share your code with others but not allow them to close it up and distribute it as a proprietary item that only they can profit from, you would otherwise have to hire a lawyer to draft a good license for you.

      Your assertion that RMS could and would insert some special "oversight authority" clause is bunk, and you cite no examples to back up the claim. The FSF already allows authors to transfer their copyright to the FSF in order that the FSF may use its resources to protect their rights under the GPL. However, this is the choice of the author(s). It has never been a requirement that people do this. Rather, it is yet another option that they provide to the FOSS community.

      Many parts of your post seem to assume that people who use the GPL do not know how to read. "GPL subversion" ... "RMS could and would insert" ... "an unknown clause" ... This is ludicrous stuff. Anyone who uses the GPL damn well ought to read it first. It's not that hard to understand, especially if you are intelligent enough to program computers.

    2. Re:A little late ! by redelm · · Score: 1
      Yes, needing all contributors permission (or rewriting their code) was what I meant about Linux not being moveable. The boilerplate (copyright/licence) distributed with GPLv2 includes the "or any later version" so tends to be the default.

      The FSF _could_ make itself party to a future GPL simply by issuing the licence including itself in the terms. A coder would make the FSF party by licencing under such. This would give RMS standing to sue NVidia over the Linux graphics module being [allegedly] a derivative work. Something Linus pointedly refuses to do.

      FSF requires copyright assignment for contibuting to GNU projects. This assists copyright enforcement (but is not necessary), and may have unintended consequences in the event of an FSF bankruptcy and auction of assets.

      Recent email exchanges have convinced me that RMS is rather more radical than I had assumed. (absent code better than closed, derivative wedge). Closer to what his critics claim. A zealot. There is a surprisingly large gulf between "Free Software" and "Open Source".

    3. Re:A little late ! by John+Hasler · · Score: 1

      > As for the danger of GPL subversion, it is clear and present: RMS could and
      > would insert "As oversight authority, the FSF is party to this licence and
      > may sue for enforcment"

      Unless he had a signed contract with the author he'd be laughed out of court.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    4. Re:A little late ! by spiritraveller · · Score: 1

      The FSF _could_ make itself party to a future GPL simply by issuing the licence including itself in the terms. A coder would make the FSF party by licencing under such.

      Even if they can be made a party, you would be able to stop them by simply granting a separate license to the defendant. The owner of a work who distributes his work under the GPL can always distribute it under a different license if he chooses... in fact, this is why MySQL AB requires contributors to assign their copyright to the company. In this way, MySQL AB can sell MySQL for proprietary use by other parties.

      It is possible to explicitly grant them the right to represent your interests in a suit. But I don't believe they could accomplish this by simply changing the license. Even those who have said their code is "GPLv2 or any later version" would not have reasonably intended to grant dual ownership of the copyright to the FSF at the FSF's option. That's called an "unconscionable" term, and in the event of a dispute, I don't believe the author of the work would have to share an award with the FSF, or would even have to allow the suit to go forward.

      This would give RMS standing to sue NVidia over the Linux graphics module being [allegedly] a derivative work. Something Linus pointedly refuses to do.

      That's an interesting hypothetical, but it is not based in reality. If you can point to an email exchange or minutes of a meeting in which RMS or anyone proposed this, I would be very interested.

      It is clear that RMS disapproves of what NVidia is doing. However, that doesn't mean that he or anyone else at the FSF is seeking to steal the copyright out from under authors of open source projects.

      FSF requires copyright assignment for contibuting to GNU projects. This assists copyright enforcement (but is not necessary), and may have unintended consequences in the event of an FSF bankruptcy and auction of assets.

      That's a valid concern that people should consider when making the **choice** of whether to assign their rights to any third party. But your tone is markedly different from a couple of posts back, where you stated that RMS "could and would" insert a clause making the FSF a party to copyright actions for all GPL projects covered by a new version.

      If he "could and would" then that must mean that he "has or will". So why hasn't he, and when will he?

      Recent email exchanges have convinced me that RMS is rather more radical than I had assumed. (absent code better than closed, derivative wedge). Closer to what his critics claim. A zealot.

      He is of the opinion that one should not use any closed source software. Of course, those of us who have other agendas sometimes have little choice, because we may not have the resources to write our own version of a software application that we need to use.

      But you don't have to read email exchanges to glean his opinion on these things. For him, the GPL has always been a means to an end. This should not be a surprise or an affront to anyone.

      There is a surprisingly large gulf between "Free Software" and "Open Source".

      It's the difference between being able to see the source of software you bought (OSS) and being able to alter and redistribute the source (F/OSS).

      If you look into any of these controversies surrounding RMS and the FSF, they all are rooted in an attempt to preserve the rights encompassed by the GPL. For instance, many people misunderstand the purpose of prohibiting DRM. DRM prevents alteration of code. For it to be effective, it must somehow prevent the alteration or removal of itself. If a device (ahem, Tivo) requires a signed versions of its binary or refuses to run, then it prevents you from altering the source code.

      So companies like Tivo have found a loophole in the GPL, where they have to provide the source, but they can use technical means to prevent you from altering the program. That is a loophole around the purpose of the GPL, which was inspired by RMS's experience with a printer that had faulty drivers which the manufacturer refused to fix.

      There may be "zealotry" (refusal to waiver from principle) in RMS's perspective, but it is consistent and is based on experience.

    5. Re:A little late ! by redelm · · Score: 1
      Yes, an original sole author could relicence to avoid the mooted FSF standing. But not a subsequent collaborator. It's unlikely Linus could relicence Linux. Or anyone who licenced code GPL or GPLv2 or later.

      Even those who have said their code is "GPLv2 or any later version" would not have reasonably intended to grant dual ownership of the copyright to the FSF at the FSF's option. That's called an "unconscionable" term,

      I doubt a court would view it as "unconscionable", especially with FSF presenting itself as defending the licence it wrote and the author elected to use. What is FSF taking away from the author that the author did not already give away?

      That's an interesting hypothetical, but it is not based in reality. If you can point to an email exchange or minutes of a meeting in which RMS or anyone proposed this, I would be very interested. It is clear that RMS disapproves of what NVidia is doing. However, that doesn't mean that he or anyone else at the FSF is seeking to steal the copyright out from under authors of open source projects.

      Steal is a strong term. RMS would sue NVidia if he could. He thinks they've done wrong. Maybe they have. See this [wasabisystems.com] .

      If he "could and would" then that must mean that he "has or will". So why hasn't he, and when will he?

      Not quite. It mean he can and wants to. I don't think RMS has much respect for private property, and the GPL is just a tool. A hack. He certainly doesn't support freedom of association [corporations].

      It's the difference between being able to see the source of software you bought (OSS) and being able to alter and redistribute the source (F/OSS).

      No, it is more than that. "Free software" is opposed to any other kind. OpenS is quite happy to co-exist. OpenS also wants to mod & redistribute, or it would be using BSDL.

      I understand and agree that Tivoization DRM [aka Trecherous Computing] is very wrong, and probably a violation of GPLv2. The DRM checker/loader is the derivative work, just as a cover or table of contents is to a book.

    6. Re:A little late ! by spiritraveller · · Score: 1

      I doubt a court would view it as "unconscionable", especially with FSF presenting itself as defending the licence it wrote and the author elected to use. What is FSF taking away from the author that the author did not already give away?

      Two things. First, the right to statutory damages. This is very significant, as it can amount to as much as $150,000 per violation.

      Second, the right to exclude. This is the essence of a property right. If you are the property owner, you have the right to exclude others from your property, or in the alternative to allow the intruder. A copyright is without a question a property right.

      These two things are the essence of property ownership. If they were given to the FSF without an express agreement to do so, the FSF would be stealing the copyright from its owner. And that is quite different from the meaning of GPLv2.

      Not quite. It mean he can and wants to. I don't think RMS has much respect for private property, and the GPL is just a tool. A hack. He certainly doesn't support freedom of association [corporations].

      My friend, corporations do not equal "Freedom of Association." For one thing, they were not created in this country until long after the Bill of Rights was enacted, so equating them with a constitutional right doesn't pass muster. Furthermore, they add the very significant trait of "Freedom from Owner Liability." Corporations are a way to protect yourself from liability and are not at all necessary for Freedom of Association. Not that I disagree with your sentiment. Corporations are, like the GPL, a very useful tool. And the GPL, like corporations, can be a useful tool for limiting liability.

      No, it is more than that. "Free software" is opposed to any other kind. OpenS is quite happy to co-exist. OpenS also wants to mod & redistribute, or it would be using BSDL.

      Uhm, BSDL (by which I assume you refer to the BSD license) **IS** open source. It is a license by which you can distribute your software as open source. People to whom you give it can look at the source and alter it as they wish. They can also redistribute it.

      Free software is not opposed to anything. It is software. The people behind it may or might not have a certain political point of view. That's their prerogative, but it is separate from the software.

      The difference with "Free" software is that once you distribute it, those to whom you give it may not redistribute it in a proprietary form. Thus, the "freeness" of the software is preserved.

      Both BSD and GPL software are open source, but with the GPL, others are prevented from misappropriating your code and closing it up. GPL = Free Open Source Software. BSD = Free Open Source Software until someone decides to redistribute it under a proprietary license.

      I know that RMS is a dirty leftist hippy and all... but he has some good ideas, and he deserves credit for taking the initiative to have the GPL created. Linus deserves credit for his contributions too (and he gets it). I really don't understand the reason for the big divide between the two perspectives. It seems to be a Cult of Personality issue more than anything to do with philosophy.

      Seriously, the two groups (Linus and everyone else) should just get together and have a love-in or something.

    7. Re:A little late ! by redelm · · Score: 1
      A copyright is without a question a property right.

      I'm not so sure. Copyright is a creation of statute, specifically included in the US Constitution. It is not a natural right. Copyright also expires (too soon for Disney). A copyright might well be property, but that doesn't make it a property right. Had it been, Disney's extention could have been ruled unconstitutional in Eldred. But it's not a lease which reverts.

      My friend, corporations do not equal "Freedom of Association." For one thing, they were not created in this country until long after the Bill of Rights was enacted,

      Not quite. The Hudson's Bay Company was operating here under Royal Charter granted IIRC in 1649. I believe there were others, and I find it remarkable that of the exhausting complaints in the Declaration of Independence, none were against the HBC or other companies.

      "Ex post" is not valid either. The Constitution is about principles, not details. Wiretap would be legal, new religions bannable, and all electronic media completely govt controlled since none of these things were created until long after the 1st Amendment.

      Furthermore, they add the very significant trait of "Freedom from Owner Liability."

      Limited Liability is a creation of statute. A convenience mostly related to bankruptcy law. I'm not sure if Limited Liability is all that significant. At the margin, perhaps. IIRC, at one time Austrialian companies were not limited. I don't think it has much effect except upon creditors who of course must know. Torts and third-party liability hasn't taken many corps into bankruptcy (Johns-Manville [asbestos] is the only one which comes to mind) although many have been hurt.

      Uhm, BSDL (by which I assume you refer to the BSD license) **IS** open source.

      Yes, but it is a weaker form. The source doesn't need to stay open. I believe the stronger GPL is one of the main advantages for Linux. It attracted developers 1991-6 when *BSD was much better established.

      Free software is not opposed to anything. It is software.

      I meant the Free Software Movement, as opposed to the Open Source Movement. Forgive my abbreviation.

      I know that RMS is a dirty leftist hippy and all...

      That is a rank ad-hominem that merely detracts from valid arguments. He might well be, but that is irrelevant. What is relevant is RMS values are now apparently quite different from mine, so his actions (particularly GPLv3) must come under closer scrutiny.

      but he has some good ideas, and he deserves credit for taking the initiative to have the GPL created.

      Without doublt. GCC and even the bletcherous EMACS are to his credit.

      Linus deserves credit for his contributions too (and he gets it). I really don't understand the reason for the big divide between the two perspectives. It seems to be a Cult of Personality issue more than anything to do with philosophy. Seriously, the two groups (Linus and everyone else) should just get together and have a love-in or something.

      Dismissing differentces as a "Cult of Personality" is ad-hominem. There are real differences. Look for them. RMS will not run closed source. Linus doesn't mind. This is a huge philosophical difference.

    8. Re:A little late ! by jesup · · Score: 1
      FSF requires copyright assignment for contibuting to GNU projects. This assists copyright enforcement (but is not necessary), and may have unintended consequences in the event of an FSF bankruptcy and auction of assets.
      Ho boy, that's a wrinkle I hadn't thought of. Though sale of the copyrights can't change existing licenses people are using the code under (and so they can continue to use it), it does also mean that the code a) could be separately sold to other companies to be used in closed-source projects, and b) the under-new-management/ownership-FSF could issue a new GPL that would apply to all existing V2+ projects and code. See my other post in this topic for other ways V2+ could produce unexpected results if the FSF "published" a radically different version of the license, for example by mistake, or even a minor typo.

      Recent email exchanges have convinced me that RMS is rather more radical than I had assumed. (absent code better than closed, derivative wedge). Closer to what his critics claim. A zealot. There is a surprisingly large gulf between "Free Software" and "Open Source".
      Yeah, I realized that exchanging email with him back in 1986.... and he has gotten if anything more radical since then. He made the same argument back then (pre-GPLv1 I think), even in response to the case of "closed-source life-saving device that saves millions of people" vs "no life-saving device made". I was at BoF/session at Boscone around that time ('85-87ish) where he and some closed-source developers were having shouting matches.
    9. Re:A little late ! by spiritraveller · · Score: 1

      I'm not so sure. Copyright is a creation of statute, specifically included in the US Constitution. It is not a natural right. Copyright also expires (too soon for Disney).

      I am sure. Sometimes I argue. Sometimes I point out facts. When I say that copyright is a form of property, I am pointing out facts.

      Copyright is a form of property. The law does not look at "natural right" in terms of property (whatever that might mean). Rather, courts look at the rights that are associated with this "thing". The right to exclude. The right to provide a license to others. The right to transfer it. Those all point to it as a property right. I am not sure whether a federal taking of a copyright would require just compensation, which the 5th Amendment generally requires for a taking of property. Congress is specifically authorized to pass laws respecting copyright. So the Supreme Court might say that Congress has a way around the takings clause for copyrights.

      There are many other forms of property that expire after a period of time. Option contracts and licenses, for instance.

      Limited Liability is a creation of statute. A convenience mostly related to bankruptcy law. I'm not sure if Limited Liability is all that significant.

      Corporations are themselves creatures of statute, and limited liability is their most significant trait.

      If you want to be particular, corporations did exist at the founding of this country, but the process was very different than it is today. A common person could not form a corporation. There were, as you mention, corporate charters granted by the King. And there were even a couple granted by the Federal government. Like today, the defining trait of these corporations was that their investors were insulated from liability. But corporations as we know them today are creatures of state law that first appeared in the second half of the 1800s. You no longer need an act of Congress to start your corporation. All you need to do is file papers with the secretary of state in your home state.

      Other than possible tax benefits, the ONLY benefit to forming a corporation is to protect your investors from personal liability. As you point out, this is good for investors if the company cannot pay its bills. It is also good for investors if the company pollutes the atmosphere or encourages its employees to race to their destinations, thereby running over small children frequently, or if its employees are made to do dangerous things and they frequently die in horrible accidents. The investors' liability is limited to their investment. This is generally a good thing, because it encourages investment, while still requiring the corporation itself to be responsible for its acts. The worst that can happen is the corporation (and with it, the investment) goes under.

      Freedom of Association, while not specifically mentioned in the Constitution, has been held to be an element of Freedom of Speech. Having a corporation is not necessary for Freedom of Speech. Corporations are one of thousands of ways you can associate yourself with other people. The point of a corporation is not to make a statement. It is to make money.

      If all you wanted was a "business association" wherein people agreed on how they would conduct the affairs of a business, you could simply have a partnership with others. You would contract with your partners as to how the business would be conducted, and you would all be liable for any acts taken in furtherance of the partnership. If your partner (or an employee of the partnership) ran over a little baby while delivering goods for the partnership, you would be personally liable. Your house, your car, everything is exposed. Now, we have things called limited partnerships (LP)... limited liability partnerships (LLP)... and even Limited Liability Limited Partnerships (LLLP). The main purpose of these new business forms is to combine the limited liability of a corporation with the pass-thru taxation of a partnership (pa

  23. Quietly? by iandunn · · Score: 3, Interesting

    "MySQL has quietly changed the license it uses... VP of community relations, revealed the license change on his blog..."

    How does the VP of community relations announcing it on his blog qualify as 'quietly changing'? What do you want them to do, throw a bloody parade? Not everything is a secret plot to destroy OSS.

  24. It gives FSF a blank check, not a good idea ... by AHumbleOpinion · · Score: 4, Insightful

    It gives more freedom to the code.

    No, it gives the FSF a blank check, blank checks are not a good idea. You are *assuming* that future versions of the GPL uphold the rights you currently support and avoids overly restrictive requirements you do not support. You have no such guarantee with the "or later" wording, and you have little negotiating room when future licenses are developed. Basically if you only use a specific license you have bargaining power, you have rights.

    1. Re:It gives FSF a blank check, not a good idea ... by MMC+Monster · · Score: 2, Interesting

      I totally agree. People that use the ...or later clause are assuming that they agree with everything the FSF will ever include in the GPL license.

      What I wish: They take everything they are going to put in GPL v3 into a license with a different name, so that code writers don't have to worry about what the exact wording they used years ago.

      Why couldn't they just have called the GPLv3 something like the Gnu Free License v1 (GFPL v1), or something like that? They are riding on the coat tails of the GPL v2, and thus don't have faith that the new license will have it's own traction.

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    2. Re:It gives FSF a blank check, not a good idea ... by swillden · · Score: 1

      No, it gives the FSF a blank check, blank checks are not a good idea.

      That depends on how much you trust the recipient of the blank check.

      What's *also* not a good idea is to tie yourself permanently to a license that may be horribly broken. I don't think GPLv2 is that badly flawed, but there are issues that need to be fixed. The Linux kernel is an example of a project that can never be anything other than v2, so as more companies figure out the TiVo exploit, or find other ways to work around it, the kernel devs are simply going to have to accept it.

      As another post pointed out, it's also not actually true that the FSF has a blank check. It's pretty clear that the FSF has led everyone to expect that future versions of the GPL will have the same intent, to protect the same four freedoms. When give people an expectation like that, and they rely upon it, you are not legally allowed to violate that expectation. The legal term is "estoppel". Whatever the FSF does in the future with the license, it must be in the same basic vein. To use your "blank check" analogy, there's an upper bound on the size of the check that you'll be legally obligated to fund.

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    3. Re:It gives FSF a blank check, not a good idea ... by Jeremiah+Stoddard · · Score: 2, Insightful

      Seems like a lame argument to me. If you use the "or later" language, there's really no way further restrictions can be added to your program -- Say the GPL v3 adds a boatload of new restrictions; users still have the option to distribute the software under v2. The worst they could do is rewrite it to say "this software is under the public domain," perhaps as a developer I wouldn't like it, but I've judged the risk of that to be smaller than the benefits that come from letting the license be updated from time to time. And if one wants control over his code, so they have these "rights" and "bargaining power," why the hell is he using someone else's license in the first place?

    4. Re:It gives FSF a blank check, not a good idea ... by killjoe · · Score: 1

      The FSF has certainly acted in an honorable way for all of it's existance. They have proven themselves to be more trustworthy then any company or government that I know of.

      Having said that if the FSF does something you don't like with GPL3 just keep using it under GPL2. It's just a choice for you, use either one.

      --
      evil is as evil does
    5. Re:It gives FSF a blank check, not a good idea ... by AHumbleOpinion · · Score: 1

      ... if the FSF does something you don't like with GPL3 just keep using it under GPL2. It's just a choice for you, use either one.

      You have forfeited that right to a degree if you had used the "or else" option, the project may fork away from you.

    6. Re:It gives FSF a blank check, not a good idea ... by ray-auch · · Score: 1

      pretty clear that the FSF has led everyone to expect that future versions of the GPL will have the same intent, to protect the same four freedoms.

      If true that is in itself a deception - since the current GPL predates (by several years) the statement of the "four freedoms".

    7. Re:It gives FSF a blank check, not a good idea ... by Anonymous Coward · · Score: 0

      9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

      Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.


      The "or later" cause helps to minimise license compatibility issues that could arise from combining code under the GPL2 with code from future versions.

      While the GPLv3 is technically incompatible with the GPL2; this clause allows code licensed under the GPL2 (or later) to be used/licensed under the terms of the GPLv3.

      Doing so requires you to trust the Free Software Foundation will keep the future licenses in similar spirit as the GPL2; so far they have, what reason do you have not to trust them?

      People keep ranting on about how the FSF are trying to push their political agenda through the GPLv3; I would hazard a guess that these people have never read the changes or the rationale behind them -- the changes to the GPLv3 mainly improve its applicability under non-US copyright or patent laws or prevent licensees from circumventing the intent of the license (Tivo for example).
    8. Re:It gives FSF a blank check, not a good idea ... by Anonymous Coward · · Score: 0

      I can say with near certainty, whatever the "four freedoms" are the current GPL does not predate them, even though it may predate their statement.

    9. Re:It gives FSF a blank check, not a good idea ... by Anonymous Coward · · Score: 0
      1. the blank cheque actually says "new versions will be similar in spirit to the present version"
      2. spirit is very clearly defined
      3. as mentioned elsewhere they have many contractual obligations about future versions and willingly enter into more

      It is probably more reliable that the FSF as an organisation will keep your software free than that you as a person since it is likely much more easy to threaten your family, or blackmail you than it is for them to change the entire foundations of their organisation.
    10. Re:It gives FSF a blank check, not a good idea ... by ray-auch · · Score: 1

      I can say with certainty that it predates their statement. Therefore they cannot have been the stated intent of the current GPL.

      They may have been the actual intent (ie. I do not claim that RMS has necessarily changed his views) but they could not have been the _stated_ intent.

      Those (other than RMS), such as Linus, who adopted GPLv2 when it was new could only go on the then stated intent - which was not "four freedoms". Logically (because people are different) some of those people are going to disagree with the new statement of intent.

    11. Re:It gives FSF a blank check, not a good idea ... by FishWithAHammer · · Score: 1

      But Linus (and, presumably, Linux kernel contributors) are okay with their code being used this way, it seems.

      Linus is a pragmatist, not an idealist.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    12. Re:It gives FSF a blank check, not a good idea ... by JoshJ · · Score: 1

      If the project forks away from you, that doesn't stop you from developing it further yourself- just look at Emacs and Firefox as examples.

    13. Re:It gives FSF a blank check, not a good idea ... by Anonymous Coward · · Score: 0

      http://www.gnu.org/gnu/manifesto.html

      The four freedoms are all pretty clearly mentioned there - just because they're not in a pretty little list so that people like you have a chance of understanding them, doesn't mean they don't exist.

    14. Re:It gives FSF a blank check, not a good idea ... by swillden · · Score: 1

      But Linus (and, presumably, Linux kernel contributors) are okay with their code being used this way, it seems.

      Linus is. Others are not, but there's not much they can do about it.

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    15. Re:It gives FSF a blank check, not a good idea ... by FishWithAHammer · · Score: 1

      They gave up their right to bitch. They knew "or later version" wasn't there.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    16. Re:It gives FSF a blank check, not a good idea ... by swillden · · Score: 1

      I hope you'll consistently apply the same argument to those who contributed to projects licensed with v2+.

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  25. Re:Hoopla! by Anonymous Coward · · Score: 0

    What you, and a lot of other slashdot readers, fail to realize is free software to most (most meaning non-nerds) people means just that. Basically closer to the BSD license. Free software to most people isnt a mindset or philosophy.

  26. Re:Hoopla! by F452 · · Score: 1

    I think the answer is "no," we haven't gone too far. There are dangers to software freedom from DRM and patents (and to a lesser extent, copyright), and the GPLv3 is intended to address this.

    To the people who think it is all some radical overreach, consider how radical the original vision of free software appeared and how accepted it is now (in the form of GPLv2). It's not surprising that the same kinds of opposition appear when bringing the license up to date.

  27. Re:We're going to have to do this with Adium as we by swillden · · Score: 2, Insightful

    We're going to have to do this with Adium as well. We are unable to contact some contributors to get their ok on using GPLv3, and rather than disrespect their contributions by pushing the bottom line of v3, we're going to have to keep using v2 since it's the license they submitted with.

    I'm not sure you can change your license from "v2 or later" to "v2 only" without permission. If you accepted contributions to a project under a "v2 or later" license, then your contributors were placing their code under *that* license, and a change to a "v2 only" license would constitute releasing contributors' code under a license they didn't approve.

    MySQL AB doesn't have the same issue because they own the copyright on all of their code (i.e. they don't accept contributions unless the copyright is assigned to them). They do that so that they can dual-license their code, but it has the effect of allowing them to change their licensing terms at will.

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  28. Re:Hoopla! by Millenniumman · · Score: 1

    Effectively, it does. You can still sell one copy of your software, but after that, the person who you sold it to can distribute it freely.

    --
    Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
  29. Re: Agendas by mpapet · · Score: 2, Interesting

    While sticking with V2 is the right thing to dor for Adium, you may be ignoring the critical loophole in V2 that they are attempting to close.

    Tivo has abused V2 in a novel way that privatizes their software. http://en.wikipedia.org/wiki/Tivoization Tivo is just the beginning of V2 abuse. (novell/microsoft anyone?) What happens when Trusted Computing is fully implemented? Tivo on a massive scale.

    I'm saying this agenda benefits everyone tomorrow rather than sticking with V2 where the public benefits will come to an end through clever manipulations of GPL V2.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  30. Re:Hoopla! by F452 · · Score: 1

    I think I do realize that. That's why we need to talk about it and help people learn what software freedom is and why it's important. I answered the way I did because the original commenter seemed to be speaking as if they also understood, when they clearly did not. (Of course, I didn't take the time to be particularly helpful in explaining the concepts involved.)

  31. Re:We're going to have to do this with Adium as we by swillden · · Score: 2, Informative

    Is it possible to mix "GPLv2 and later" and "GPLv2 only"?

    IANAL, but it would seem to me that given a program consisting of two modules, one GPLv2+ and one GPLv2-only, the result would be distributable only under GPLv2.

    Distribution under the terms of GPLv2 would satisfy the licensing requirements of both modules, but distribution under the terms of GPLv3 would violate the license of the v2-only module. The GPLv2+ module could be used as part of another program distributed according to the terms of GPLv3.

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  32. Re:Hoopla! by Anonymous Coward · · Score: 0

    People understand what you mean by free software, they just do not care. Repeating it makes no more difference to them than when a vegan tells someone that eats honey that it's wrong.

  33. Removing "or later" protects author's rights ... by AHumbleOpinion · · Score: 2, Insightful

    How did the old "version 2 or later" cause a problem then? All this does is restrict people from applying GPLv3 terms if they want to. It doesn't help anyone.

    Removing "or later" protects an author's rights, it makes sure that the terms of the license matches their goals, the goals GPL v2 embodied. "Or later" is a blank check, author's have no guarantee that the license will not go in an undesirable direction and embrace ideas they do not support. Removing "or later" also provides balance, it gives some negotiating power to author's when it comes time to develop that new version of the license.

  34. Better 'rigid' than screwed by amightywind · · Score: 2, Insightful
    Good for them; I've never understood all the hoopla about licenses, anyway. FOSS has become way too rigid, IMO. What ever happened to "here's my software. here is (maybe) my source.

    How many times will the community be screwed by license chicanery before before you wise up: Tivo, Open Group X, XFree86/Xorg debocle, GIF, the Java Trap, Bitkeeper... Early GPL versions obviously assumed too much about reasonable community behavior. GPL v3 simply makes an attempt to spell things out more completely.

    --
    an ill wind that blows no good
    1. Re:Better 'rigid' than screwed by Senzei · · Score: 1

      Please explain how any of these have actually harmed the community. Simply having caused problems at some time is not enough, if it were Linus, RMS and a whole host of others would have been burned at the stake years ago.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    2. Re:Better 'rigid' than screwed by amightywind · · Score: 1

      The mere threat of removal of important pieces of infrastructure is harmful to the free software community. It is needlessly disruptive, creates duplication of effort, and hobbles the advance of the state of the art. Disruptions have happened enough where I do not feel the need to recount them. Fortunately Richard Stallman has not been burned at the stake. Indeed his uncompromising attitude has benefited the community in enumerable ways. He is the Thomas Jefferson of software freedom and his legend continues to grow. Linus chooses not to participate in the debate. One cannot really blame him. Sitting on top of the kernel code base would make anyone seek simplification wherever possible. But his ambiguous, poorly conceived attitudes toward licensing and copyright issues have many of us wishing he would keep his mouth shut. But he is not a spiritual leader in any sense.

      --
      an ill wind that blows no good
    3. Re:Better 'rigid' than screwed by Pecisk · · Score: 1

      Errr. don't want to crash your house of cards, but what a hell all these organizations/projects/persons has ever to do with GPLv3? Tivo? Kernel will stay GPLv2, and I personally think that it is not black/white issue, so it won't punish Tivo and no, it won't give us nothing, and even more - it will halt any posibility to develop really useful DRM cases. XFree86/Xorg? License question was only last problem after everything went down into toilet. GIF? Software patents are evil, generally. GPLv3 won't help in this situation much. BitKeeper? Give me a rest.

      GPLv3 is POLITICAL statement, which aim to strongarm users and developers in "right" way - as RMS and FSF see it. I agree with problems - patents *abuse*, DRM *abuse* - but I think this time they are making wrong choices about how to deal with these topics.

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

    Yes, just like how Madriva caused the collapse of Redhat. Of course neither can we forget how MySQL AG were forced into bankruptcy, can we?

    Oh wait, none of that has happened. Seems you're full of shit.

  36. Re:Hoopla! by geoffspear · · Score: 1

    Red Hat seems to be making money just fine, thanks.

    --
    Don't blame me; I'm never given mod points.
  37. Yeah... by Jeremiah+Stoddard · · Score: 5, Insightful

    They wanted to get around that ugly part of the GPL that says "and when GPL v3 comes out, this software must be distributed according to its terms."

    Unfortunately, I can't quite find it anywhere in the license, though everyone keeps complaining about it...

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

      Or they could be afraid of a fork that is v3, becomes somewhat successful and or releases useful patches that are that they couldn't steal^w use in their comercial stuff.

    2. Re:Yeah... by Bob+Uhl · · Score: 1

      Exactly. The GPL being about freedom, it states that a user is free to distribute code under the current license, or a future GPL license. MySQL hasn't preserved any option, but has instead taken away an option. Corporate doublespeak at its finest.

    3. Re:Yeah... by TheoMurpse · · Score: 1
      GPL version X Terms and Conditions for Copying, Distribution and Modification 9:
      If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
      There you have it. Now, you may say, "But that says the developer has the right to do so, not the consumer!"

      Wrong. Look at the preamble to see who the addressee of the license is: "The licenses for most software are designed to take away your freedom to share and change it." Note that the addressee is the person who receives the software and may wish to modify or distribute it, as the creator of the software would already have the freedom to share and change their own software.

      MySQL AB changed the license from something like "GPL v2 or any later version" to read something similar to "GPL v2" because without changing the terms, the consumer may choose any version of the license they wish, and MySQL does not necessarily want consumers choosing GPL v3 yet, for reasons many others have said above.
  38. Re:We're going to have to do this with Adium as we by SuseLover · · Score: 1

    Pushing an agenda? It seems to me that GPL v3 is designed top prevent companies from pushing their own agenda and over the spirit of the GPL.

  39. adium seems to have dug themselves a hole by Anonymous Coward · · Score: 0

    It's actually pretty simple. If Adium received all its contributions under the license terms of "GPL v2 or later" then they've already been given explicit permission to use GPL v3; if Adium did not receive all its contributions under the license terms of "GPL v2 or later" then they themselves have been violating the licenses under which they received those contributions by re-distributing them in the past tagged with license terms of "GPL v2 or later".

    If Adium genuinely believes they are only now realizing that the contributions under discussion were not licensed for "GPL v2 or later" the least good faith effort Adium could do to correct the damage they've done to those contributors is to remove from distribution of all prior copies that they now realize were marked with unauthorized license terms.

    After all, that's what is usually asked of any other distributor caught acting in violation of some code's GPL-terms license.

    Shame really, as the application looks quite nice.

  40. Migrated away from MySQL by Anonymous Coward · · Score: 1, Interesting

    We develop database apps for small local govts and migrated away from MySQL to Postgres exactly because of all the licensing wierdness going on with MySQL and its various backend data storage engines. Its future has just become too unpredicatable and uncertain anymore. Such a shame, because it is such a lightweight and nimble database. Too bad the MySQL organization seems to be headed down a path to crumbling apart.

  41. MOD PARENT TROLL ! by erlehmann · · Score: 1

    first, you cannot enumerate freedoms. you cannot simply add them or substract them.
    caption obvious calls bullshit for this one.

    second, there are several positions - something that many ppl do not grasp:
    one position is: here is the code, do whatever you want. kill puppies with it, make it proprietary but DO NOT REMOVE TEH COPYRIGHT. like BSD, this says, that freedom extends even to the freedom to withhold the code from others.
    the second is: here is the code, do whatever you want, but DAMN YOU WONT'T REMOVE TEH FREEDOMS. like GPL, this says, that in order to ensure freedom, some sacrifices must be made - so the freedom to withold GPL source form those who got the binaries is outright killed, so that other freedoms can be preserved.

    now compare this to the "weimar republic" (germany before WWII). there was a democracy, but even its enemies were allowed to form parties and get onto the ballot - hitler was democratically elected. so there were freedoms, but freedom-hating fascists could easily use them to abolish them.

    [poster invokes godwin's law, covers and ducks.]

    p.s.: nowadays, in germany, parties that are against democracy can be banned. sometimes history teaches lessons.

    1. Re:MOD PARENT TROLL ! by Anonymous Coward · · Score: 0

      I understand your second point. I agree to what you said.

      Both GPLv2 and GPLv3 are restrictive. But my point in the GP was that GPLv3 is heading to be
      more restrictive than GPLv2. This is something that is bad.

      As for your first point, I think it is possible to enumerate freedoms. And I think
      that others have said that GPLv3 adds and subtracts freedoms.
      There was another post in the story on /. by someone who mentions restrictions on DVD playback.
      That's one enumeration right there. And that's one restriction addition right there.

      Just because you don't agree with someone else's opinion, is no reason to call them a troll.

        - 51acf00e7b6e2977807a371f24007eb39a863e7f

    2. Re:MOD PARENT TROLL ! by FishWithAHammer · · Score: 1

      How the hell was I trolling?

      "Cannot enumerate freedoms" my shiny metal arse. rms did.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    3. Re:MOD PARENT TROLL ! by FishWithAHammer · · Score: 1

      Whoops. I should read below 1 more often.

      That's a really bad feature of Slashcode...ought to tree replies from the "1 reply under current threshhold" bit...

      The point still stands, however.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    4. Re:MOD PARENT TROLL ! by hymie · · Score: 1

      The purpose of the GPL is to extend the four freedoms (to run, examine, modify, and redistribute programs) to all people. Restrictions imposed by the GPL, in any version, exist to hinder those who would attempt to deny these freedoms. A user who receives a program under GPLv3 will have untrammeled ability to run it, examine it, modify it, and redistribute it, and so will suffer no added restrictions. The only ones who will be saddled with further restrictions are those people who are now using loopholes to try to keep users from experiencing those freedoms. But the FSF is not interested in the desires of those people, and indeed is happy to make their lives more difficult.

    5. Re:MOD PARENT TROLL ! by Jamesday · · Score: 1

      To be clear: in the US you think you only get the freedoms that are explicit in the Constitution, not any others, beause only those that were enumerated exist? That is, the right wing ultra-Conservative US political view?

      Enumeration of freedoms is a problem, not a solution. You only need to do it when you're restricting them. That's what RMS did with those definitions, which restrict the ability to not release the source code of a modified version, for example. It's arguable whether this is good or bad - RMS would presumably argue good - but it's still a restriction of freedom.

    6. Re:MOD PARENT TROLL ! by FishWithAHammer · · Score: 1

      No, I don't. I agree with you.

      I was just indulging in Whack-A-Troll.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  42. Re:We're going to have to do this with Adium as we by greginnj · · Score: 3, Insightful
    I'm not sure you can change your license from "v2 or later" to "v2 only" without permission. If you accepted contributions to a project under a "v2 or later" license, then your contributors were placing their code under *that* license, and a change to a "v2 only" license would constitute releasing contributors' code under a license they didn't approve.
    Umm, yes they did. You have to watch your inclusions here. "v2 only" is a subset of "v2 or later". Also note that the "v2 or later" language is not actually part of the license (or a license type itself); it's just a phrase that is traditionally used to introduce the license in many releases. It's equivalent to saying "This software is simultaneously released under v2, and v3, and v4, and v5, and ... v_n -- take your pick".

    Once you have that situation, the release under v3 does not 'trump' or efface the release under v2; it is just an additional license possibility.

    In the case we're discussing, anybody who picks up the code to reuse it can choose to either release the result under "v2 only" or under "v2 or later". In the the first case, they're picking up the "v2" option of the initial package. Remember, the initial package is still out there in the ether, available under v2, v3, v4, ..., vn, so the restriction only applies to the mod.

    Note that this reading relies heavily on the use of the word OR in "... or later". It provides the choice to the person receiving the code as to which license they'll accept. If the original stipulation said "v2 AND any later version", we'd be in the sort of "v3 trumps v2" situation everyone seems to be worrying about - but if these issues ever came to trial, I seriously doubt any judge would accept as valid a release under a license that did not yet exist at the time the license was granted. (IANAL).
    --
    Read the best of all of Slash: seenonslash.com
  43. Re:We're going to have to do this with Adium as we by mpcooke3 · · Score: 1

    The GPL has always had an agenda: "To guarantee the freedom to share and change free software".
    GPL3 has more restrictions than GPL2 but the agenda has not changed as far as I can tell.

    I've looked at the GPL3 draft and every additional restriction does seem to better promote that agenda than GPLv2 (against real threats or current uses of the GPL not in line with the stated purpose). I suspect a lot of the people complaining about GPLv3 actually liked or even relied on some of the holes in GPLv2, that were working against it's stated purpose.

  44. no, you don't by oohshiny · · Score: 0, Flamebait

    We are unable to contact some contributors to get their ok on using GPLv3,

    AFAIK, the GPLv3 is backwards compatible with GPLv2, so you can move part of the files to GPLv3 and leave the rest under GPLv2. As a result, effectively, the entire work would be under GPLv3, even though some source files are still under GPLv2.

    and rather than disrespect their contributions by pushing the bottom line of v3, we're going to have to keep using v2

    You don't have to do that; you're merely rationalizing your own agenda.

    v3 is about pushing an agenda within a license from what I can tell, rather than sticking to what it is, a license. It's their license, fine, but pushing their own goals through

    "Their goals" and "their agenda" is simply to keep the source code that's published under the GPL open, free, and available. The GPLv2 had some bugs in that regard (vis Novell/Microsoft deal, Tivo, etc.), and the GPLv3 attempts to fix those bugs as best it can. Their goals and their agenda has not changed one bit; if you don't like it with GPLv3, you shouldn't have picked GPLv2, with or without the "or later" clause.

    By distancing yourself from those goals, one has to conclude that it isn't your goal to keep Adium source code open, free, and available. So, for example, it wouldn't apparently bother you if Apple or Microsoft or some Chinese manufacturer takes your source code and distributes the binary without distributing usable source along with it, or if Microsoft slips in a piece of patented code (through an intermediary) and then a couple of years later demands licensing fees from anybody other than Novell customers, because that's what the bugs in the GPLv2 amount to.

    Why aren't you being honest then and switch from GPLv2 (which gives the appearance of preserving those freedoms but can't quite do it because of bugs) to the BSD license (which explicitly doesn't preserve those freedoms)?

    1. Re:no, you don't by 1155 · · Score: 1

      By distancing yourself from those goals, one has to conclude that it isn't your goal to keep Adium source code open, free, and available. So, for example, it wouldn't apparently bother you if Apple or Microsoft or some Chinese manufacturer takes your source code and distributes the binary without distributing usable source along with it, or if Microsoft slips in a piece of patented code (through an intermediary) and then a couple of years later demands licensing fees from anybody other than Novell customers, because that's what the bugs in the GPLv2 amount to.

      A group of folks on the Adium team in fact like the BSD 3 clause more than the GPL.

      Why aren't you being honest then and switch from GPLv2 (which gives the appearance of preserving those freedoms but can't quite do it because of bugs) to the BSD license (which explicitly doesn't preserve those freedoms)?


      A lot of people take the GPL to be the opposite of free, masquerading as free. However, we cannot switch to the BSD since we cannot get approval of all contributors, like I said earlier. We were investigating it in case we wanted to switch to even the lgpl at a later date, or some other random license, but it's proven most difficult, and not worth continuing.

    2. Re:no, you don't by oohshiny · · Score: 1

      A lot of people take the GPL to be the opposite of free, masquerading as free.

      The GPL isn't "masquerading", it defines what free-as-in-freedom software means, and it is quite explicit about it. Nor, for that matter, is the FSF religiously insisting on the GPL; quite to the contrary: they advocate that you think carefully about what licenses you use beforehand. I suspect that the FSF would well have considered it more sensible to make parts of Adium (like the protocol implementations) LGPL.

      A group of folks on the Adium team in fact like the BSD 3 clause more than the GPL.

      Then you still don't know what you're doing in terms of licenses; you can't "like" a license more than another license, you have to decide first what you want to accomplish, then decide what licenses accomplish what you want, and then pick the license accordingly. You should also be honest and up-front about your agenda (and you do have an agenda): Do you want to support Apple with free labor? Do you want to help open source? Do you just not give a damn?

      We were investigating it in case we wanted to switch to even the lgpl at a later date, or some other random license, but it's proven most difficult, and not worth continuing.

      In different words, you didn't think about licenses, you screwed up big time when you picked your original license, and now you're blaming the GPL for your poor choices.

      The problem here is you, not the FSF.

    3. Re:no, you don't by WalksOnDirt · · Score: 1
      AFAIK, the GPLv3 is backwards compatible with GPLv2, so you can move part of the files to GPLv3 and leave the rest under GPLv2.

      GPLv3 will almost certainly not be compatible with v2 since its whole purpose is to add new restrictions, which is not allowed by v2. Of course, any v2 software licensed with the "or later" clause is effectively already licensed under v3, so in that case there will be no problem.
      --
      a,e,i,o,u and sometimes w and y (at be if of up cwm by)
    4. Re:no, you don't by Red+Falcon · · Score: 1

      Maybe if you are more hostile, even more people will buy into your awesome mindset.

    5. Re:no, you don't by 1155 · · Score: 1

      In different words, you didn't think about licenses, you screwed up big time when you picked your original license, and now you're blaming the GPL for your poor choices.

      No. Gah, why do I even try to have a sensible conversation with people on slashdot.

      The license is fine, gplv2 works and all that, but you can like a license more than another license. For instance, I like steaks more than hamburgers.

      But what's that you say?! It's all meat! You can't like one over the other!

      Seriously, you're not making very much sense, and your arguments can be broken down very easily.

    6. Re:no, you don't by oohshiny · · Score: 1

      GPLv3 will almost certainly not be compatible with v2 since its whole purpose is to add new restrictions,

      That doesn't follow. Just like you can link GPLv2 and BSD code, you may well be able to link GPLv3 and GPLv2 code, even if the GPLv2 code isn't under an "or later" clause. Whether that is actually possible depends on what specifically the GPLv3 says, but I'm not aware of any restrictions in it that would prohibit it.

      So, you should be able to convert those source files in your project that you have control over to GPLv3 and leave all the "GPLv2 only" files alone. If important files of your project can be converted to GPLv3, then that effectively makes the whole project GPLv3, even if a few GPLv2 files remain.

    7. Re:no, you don't by oohshiny · · Score: 1

      Maybe if you are more hostile, even more people will buy into your awesome mindset.

      Frankly, I don't give a damn about convincing people like 1155; he misrepresented what the GPL and the FSF stands for, and I corrected him.

      At the same time, he demonstrated that Adium's project leadership is apparently in deep trouble, since they don't seem to know what they are doing in terms of open source licenses and feel like they have to attack other open source efforts. All that tells me that Adium simply isn't worth supporting any more.

    8. Re:no, you don't by oohshiny · · Score: 1

      The license is fine, gplv2 works and all that, but you can like a license more than another license. For instance, I like steaks more than hamburgers.

      Well, yes, you "can" do that. What I'm saying is that it's not a rational or sensible way of picking software licenses. A rational and sensible way of picking software licenses requires more than "likes" and "dislikes".

      Seriously, you're not making very much sense, and your arguments can be broken down very easily.

      I'm not telling you what license to use. I'm saying that your attacks on, and hostility towards, the GPLv3 are unwarranted and unfounded, and put your project into a bad light; if you don't like the license, just don't use it. Furthermore, you told us that your project is stuck with a set of licenses that you don't like, and I'm pointing out that that's your own fault, nobody else's.

      Well, thanks for giving us this insight into the inner workings of the Adium project; sounds to me like you're in trouble.

    9. Re:no, you don't by ray-auch · · Score: 1

      No. You may NOT link GPLv2 code with any code under a licence which imposes further restrictions (over and above GPLv2).

      What part of (to quote the GPL):

          "You may not impose any further restrictions"

      do you not understand ?

      Whether the GPLv3 contains anything which prohibits linking GPLv2 code is completely irrelevant - the code is under GPLv2 and it is what GPLv2 says that matters.

      GPLv3 clearly does contain restrictions over and above v2, therefore it would appear to be fundamentally incompatible.

    10. Re:no, you don't by 1155 · · Score: 1

      I'm saying that your attacks on, and hostility towards, the GPLv3 are unwarranted and unfounded

      I never attacked the gplv3. You read way too much into what was written.

    11. Re:no, you don't by oohshiny · · Score: 1

      I never attacked the gplv3. You read way too much into what was written.

      No, you attacked the authors of the GPLv3, and in an uncalled-for manner:

      "A lot of people take the GPL to be the opposite of free, masquerading as free."

      "v3 is about pushing an agenda within a license from what I can tell, rather than sticking to what it is, a license. It's their license, fine, but pushing their own goals through"

      Those are attacks on the integrity and honesty of the GPLv3 authors.

      The GPLv3 authors are trying to accomplish one thing: keep software free-as-in-freedom while navigating a legal minefield of patents, copyrights, and international laws. They are clear about what they're doing, it's an open process, and contributions are highly valued. Given their goals and the process, I find it outrageous that you attack their integrity and accuse them of "masquerading" and having hidden agendas.

      If you don't like the license, just don't use it, but don't accuse them of hidden agendas.

      (Given Jobs' past attempts to circumvent the intent of the GPL, it's ironic that an Apple developer would accuse the authors of the GPL of hidden agendas; Jobs' own behavior is a good illustration of why we need the GPL and why it needs to be carefully worded, just like the Novell/Microsoft deal is a good illustration of why we need GPLv3.)

    12. Re:no, you don't by Rich0 · · Score: 1

      You can link GPLv2 and BSD code - as long as the resulting code is released under GPLv2.

      You cannot link GPLv2 and GPLv3 code and distribute the result. GPLv3 would prohibit redistributing under anything other than GPLv3, and GPLv2 would prohibit redistributing under anything other than GPLv2. It was designed this way intentionally.

      If I wrote a bunch of code for a GPLv3 project I'd be annoyed if somebody went and used it in a GPLv2 project without asking me for a license. If I wanted people copying my code without restriction I'd have made it BSD or public domain. If the author chooses GPLv3 there is probably a reason for it (maybe they don't want Tivo stealing their code withing giving back).

    13. Re:no, you don't by Jamesday · · Score: 1

      There are rumors that the GPL v3 may add further restrictions, like software patent or hardare dongle prohibitions, that would make it incompatible due to the addition of those extra restrictions.

    14. Re:no, you don't by Jamesday · · Score: 1

      The FSF simply redefines "not free" as "free". Commmon political move but it's still not free. Free = public domain. Anything else is a restriction of varying degrees.

    15. Re:no, you don't by Jamesday · · Score: 1

      You can start dual or multiple licensing under BSD and GPL v2 and perhaps other licenses today and complete the migration once the GPL code base has become small enough to be readily replaceable. Or you could go for freedom and add a public domain dedication as well as the licenses, for jurisdictions where that dedication is viable.

  45. Re:Hoopla! by zeromorph · · Score: 1
    To the people who think it is all some radical overreach, consider how radical the original vision of free software appeared and how accepted it is now (in the form of GPLv2). It's not surprising that the same kinds of opposition appear when bringing the license up to date.

    I totally agree with you, for this part of criticism explaining over and over again and time do a good job.

    But my personal problem are more non-techie people who generally agree with the idea of free software and do not think of it as too redical BUT do not understand the quibbling about GPLv2 vs GPLv3. (And comparable stuff.)

    They think mostly that the legal/formalistic aspect rather than the goal is overreached. This part of my friends thinks that the goal has already come out of sight when they see how much energy is invested in v2 vs v3 fights and I must confess I normally change subject at that part of conversation.

    --
    "Hannibal's plans never work right. They just work." Amy/A-Team
  46. overzealous and immoral FSF power grab by alienmole · · Score: 2, Informative

    I'm laughing right along with you.

    It's difficult to overstate how strong the ramifications of that "or any later version" clause are. For all intents and purposes, including that clause when you license your code is the next best thing to assigning copyright of your code to the FSF, since it allows them to re-license your code as they see fit.

    Of course, the FSF likes you to assign copyright to them anyway, but failing that, they booby-trapped the license with language which most people have not been aware enough to question. Some true believers like to respond to that with "but I trust the FSF", but that's nonsense: how can you trust an organization that doesn't exist yet, i.e. the future FSF. What happens when Stallman dies, for example?

    The fact that the FSF recommended this language is, to me, an example of overzealousness which the FSF should be ashamed of. We see these sorts of tactics used by politicians and legislators all the time. It's disappointing to see an organization like the FSF, which seems to be founded on some real principles rather than "let's see who can grab the most power", stoop to these levels to promote their agenda.

    No doubt FSF members and fans would justify this language on a kind of "means justifies the ends" basis. But the problem is that the language in question represents a centralization of power with no real checks or balances. No moral organization should want such a thing.

    1. Re:overzealous and immoral FSF power grab by NoOneInParticular · · Score: 1
      I think you're missing the real point for the 'or later' clause. It allows voluntary updates of the license. Suppose you build a piece of software alongside many contributors. Some contributors have moved on, others are hard to find. No one signed their copyright over to you, but all licensed their software under the same license. Two scenario's: one where there is an 'or later' clause, one where there isn't.

      Now Tivo comes along and takes your software and with a legal trick circumvents your license, making sure nobody is actually able to obtain Tivo's modifications to your software. Others get the hang of it too, and before you know it, Microsoft, Google and Amazon are using your software in a proprietary fashion, making your software non-free.

      You are pissed off, with many others, and decide to update the license to one that explicitly counters this trick. In scenario one (with the 'or later' clause), this works painlessly. Every new piece of code is licensed under the new version, and the old source is slowly superceded. In the second scenario, you're out of luck. You haven't made any provisions to upgrade your license, and the bug in the old license is there to stay. This is the situation that Linux is finding itself now, as they haven't gone the 'or later' clause. They're toast.

      Now, for the evil power-grab that the FSF might want to do. Their anger has always been a sign of something dark, and suddenly it comes to full bloom. What can they do now? Suppose they build up the new license: BSD-style. Now, because of the 'or later' clause, anyone can grab your software and use it BSD-style. Tough luck, but you retaliate. All new code you write will have the 'or later' clause removed, and you will continue, never trusting the FSF itself. In any scenario, the worst that can happen is that the FSF will give away your code to someone in a new license: be it the general public, be it Microsoft. You can cut your losses and continue without the 'or later' clause from that point on. Without the clause, you are trusting that no one will ever discover a legal loophole in your current license. In this case you have effectively given away your code to the one discovering the loophole (Tivo), and you have no other recourses than to either allow the company to keep screwing you over, or abandon your project alltogether, as you can neither change, nor update your buggy license. What would be the best pick?

    2. Re:overzealous and immoral FSF power grab by alienmole · · Score: 1

      I'm not missing the point of the clause, in fact I alluded to it specifically in my comment: that it acts as the next best thing to assigning copyright to the FSF.

      In any case, the case you make is not very compelling. In the scenario you describe, you can't force a change of license on people who already have the software under the original license, so "you have effectively given away your code to the one discovering the loophole".

      There are certainly complex issues to consider when trying to anticipate the future while dealing with the combined but separately "owned" intellectual effort of many people. However, the FSF's approach to the problem in this particular case was a cop-out at best -- simplistic, done in a way that grants maximum power to the FSF, without attempting to alert users of the license to the potential issues.

      The real problem with this kind of behavior is that it reduces trust in the FSF, when it becomes apparent that the organization is taking actions that may be against the interests of many of the people who use the license. The FSF may think such tactics are to their benefit, but I think they'd do well not to copy the tactics of corporations and politicians, and rather be open and honest with the community that depends on their license.

    3. Re:overzealous and immoral FSF power grab by hritcu · · Score: 1

      Sorry to say this, but your comments here are so full of crap. You are criticising the FSF for using "tactics" that corporations and politicians also use. You do not have a cogent argument of why such tactics are inherently evil, since it's clear that they preserve choice for developers not restrict it (you can always transform ""GPLvX or later" into ""GPLvY only, Y>=X" without legal problems but not the other way around), and also the goal they are striving for is very important for those of us who value freedom (it's very well explained by the grandparent comment). So please be constructive, please point us to any another way to achieve this same goal, by using "tactics" which you find more appropriate. Do you think that it would be more appropriate that all contributors to "GPLvX only" projects assign copyright to a company (like MySQL) which can then decide which license to use? Or what other means can you think of for preserving the choice to update the license in highly decentralised projects?

      --
      If you don't fail at least 90 percent of the time, you're not aiming high enough. (Alan Kay)
    4. Re:overzealous and immoral FSF power grab by alienmole · · Score: 1
      You are criticising the FSF for using "tactics" that corporations and politicians also use. You do not have a cogent argument of why such tactics are inherently evil, since it's clear that they preserve choice for developers not restrict it

      My argument is simple: instead of explaining the rather complex issues involved, they try to pull a fast one and recommend language that's primarily in the FSF's own interests, rather than the users of the license, without any comment on the matter. That's deceptive and self-serving, and does not conform to the otherwise high moral standards exhibited by the FSF.

      So please be constructive, please point us to any another way to achieve this same goal, by using "tactics" which you find more appropriate.
      I have already done so. I suggested that it would be better to provide an analysis of the issues involved, and allow users to make an informed choice. Hoping to trick users into doing what the FSF considers the right thing is a tactic that is beneath them.
    5. Re:overzealous and immoral FSF power grab by hritcu · · Score: 1
      My argument is simple: instead of explaining the rather complex issues involved, they try to pull a fast one and recommend language that's primarily in the FSF's own interests, rather than the users of the license, without any comment on the matter.
      What you seem to forget is that GPLv2 was released in 1991 when there was no FOSS, nor could anybody predict what will be the world looking like 16 years from then. Even less was (nor will it ever be) the FSF able to understand the "complex issues" regarding the tens of thousands of projects using their licenses. But at least they understood that things are going to change, and maybe at some time the license will need to be updated. And this is clearly stated in the license itself:

      9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

      Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
      What is not clear ? What additional explanation do you need ? And, more important, could the FSF have provided you that explanation in 1991 and they malevolently omitted it ?
      I suggested that it would be better to provide an analysis of the issues involved, and allow users to make an informed choice. Hoping to trick users into doing what the FSF considers the right thing is a tactic that is beneath them.
      This is very vague. More precisely, what would such an analysis contain?
      --
      If you don't fail at least 90 percent of the time, you're not aiming high enough. (Alan Kay)
    6. Re:overzealous and immoral FSF power grab by alienmole · · Score: 1

      The text in question is not part of the GPL itself; it is part of a section, outside the license, entitled "How to Apply These Terms to Your New Programs". As you point out, the FSF has had 15 years during which it could have published updated information about the ramifications of the recommended clause. This would not have required changing the license itself. I'm not objecting to the fact that the FSF didn't say anything about this in 1991; I'm objecting to their continued silence on the matter, right up until the point at which it became an issue with the next version of the license, over 15 years later.

      I'm not objecting to the clarity of the language in the license itself. I'm objecting to the way in which the FSF recommends applying the license to a program, with no discussion of the pros and cons from a user's perspective.

      The sort of analysis I'm talking about would point out that by including the "any later version" clause, a copyright holder at the very least transfers to the FSF the power to relicense his code, since the FSF can produce new versions of the GPL at its discretion. It could explain why this can be a desirable thing, and discuss the issues involved with licensing of large collaborative projects over time -- that code licensed with the "or later" clause can more easily be integrated with future GPL'd projects. There's a reciprocity aspect which could be mentioned. That all said, there are obviously still situations in which a reasonable licensor may wish to control the license on their software more carefully - the current MySQL case is evidence of this. An honest discussion of the issues would point this out.

      Basically, the clause in question requires a fairly large degree of trust in the FSF from a user of the license. It would be in the FSF's own interests to explain why a user of the license should extend that trust to the FSF, rather than relying (in many cases) on the user's ignorance to simply use the recommended language. The latter approach undermines the very trust which the FSF should be courting.

    7. Re:overzealous and immoral FSF power grab by SETIGuy · · Score: 1
      I'm laughing right along with you.

      It's difficult to overstate how strong the ramifications of that "or any later version" clause are. For all intents and purposes, including that clause when you license your code is the next best thing to assigning copyright of your code to the FSF, since it allows them to re-license your code as they see fit.

      No it doesn't. The choice of license is up to the recipient not the distributor. Suppose have a piece of software that I wrote and distribute which is licensed under the "version 2 or (at your option) any later version" clause. Suppose the FSF releases GPL version 4 which states that the recipient must send $100 to the FSF in order to use the software. What person in their right mind, upon seeing "version 2 or (at your option) any later version" is going to choose GPL version 4? No one, that's who.

      And as far as I can tell, no one at FSF can take code to which I own the copyright and modify my copyright notice to read "version 4 only." The GPL allows the recipient of software to choose the terms of a later version or the earlier version, but it does not allow the right to choose the earlier version to be restricted. Modification of the software is allows, modification of the licensing terms is not. Even if the GPL is changed to allow modification of the licensing terms, versions will still be available that say "version 2 or (at your option) any later version".

      In order for your fears to become reality the copyright notice would need to read "only the most recent version."

    8. Re:overzealous and immoral FSF power grab by hritcu · · Score: 1

      The text in question is not part of the GPL itself; it is part of a section, outside the license, entitled "How to Apply These Terms to Your New Programs".

      Ok, thanks for explaining, now I kind of see what bothers you, even though I still don't agree that this is malice, or that it's being done in the sole interest of the FSF, while disregarding the freedoms of the people releasing code under the license. Point 9. clearly explains what's with the "or later" clause. Maybe it is still quite implicit about the fact that you could also use this version only, which somebody might want to do. But you have to consider that the FSF thinks that would a bad idea, so not worth encouraging in the license itself.

      So, if somebody never reads point 9. of the GPL, but still wants to apply the license to her code, she might think that the only way she could do it is by copying (but not reading) the big chunk of text from the "How to Apply These Terms to Your New Programs" to every source file and adding her name there. While I'm sure some people actually did this, the fact is that they didn't even try to understand that one of the many consequences of doing this would be that they allow the code to be distributed under updated versions of the license, which the FSF might one day write. Well, if they failed to understand this and still applied the license then they and not the FSF are to blame if the license doesn't suit their needs. The FSF could have gone into whatever detail you want explaining this, still it would have made no difference into this dont-read-dont-think-apply-license-scenario. At least the default wording chosen by the FSF is the most permissive one, which means that if you just go with that you always have the choice to relicense later under something more specific.

      As you point out, the FSF has had 15 years during which it could have published updated information about the ramifications of the recommended clause. This would not have required changing the license itself.

      The FSF cannot know what "the ramifications of the recommended clause" might be for your particular project. That's why most companies and many individuals hire copyright lawyers, if they need this kind of advice. The FSF cannot know what your exact goals are when applying their license, so what they assume is that since you are using a Free Software license you care most about Freedom, and that's what they offer you by default. And, true, this is not appropriate for everyone. Organisations like MySQL are actually not so much interested in Freedom, but they like the GPL because of its vitality and its incompatibility with proprietary licenses, and build their whole business model on top of that. So should the FSF now also explain what the benefits of dual licensing are? And since they are there, maybe they should also explain what the benefits of proprietary licenses are. You see the point? FSF would be quite biased in this matter, since their stated goal is to promote Freedom, not the opposite of it.

      I'm not objecting to the fact that the FSF didn't say anything about this in 1991; I'm objecting to their continued silence on the matter, right up until the point at which it became an issue with the next version of the license, over 15 years later.

      You are plain wrong. The Frequently Asked Questions about the GNU GPL goes into more detail and explains the rationale behind the "or later" recommendationand why you should (not must(!)) use that formulation. Also, if you check the transcripts of Richard Stallman's talks, you will see that he always gave a similar answered when asked about the clause. The fact that there was not so much emphasis on that clause in the discussions until recently, is caused by the fact that until recently there was no GPLv3 in the work

      --
      If you don't fail at least 90 percent of the time, you're not aiming high enough. (Alan Kay)
    9. Re:overzealous and immoral FSF power grab by alienmole · · Score: 1
      Ok, thanks for explaining, now I kind of see what bothers you, even though I still don't agree that this is malice

      I didn't say it was malice, I said it was overzealous. I also said it was immoral; perhaps that's a bit strong, but it's in part a reaction to the FSF's claims about itself -- it sets a high moral bar, so must itself be held to a high moral standard.

      Well, if they failed to understand this and still applied the license then they and not the FSF are to blame if the license doesn't suit their needs.

      This is the crux of our disagreement. Many people have applied the license just as you say, by copying the provided text. It's not just because they didn't read it, but because they didn't fully appreciate the significance of it. I'm saying that if the FSF is to be deserving of people's trust in this area, it should make clear what the consequences of such a significant clause are -- not just the positive consequences (as in the FAQ response you pointed to), but also the possible negative consequences. Relying in part on people's carelessness or ignorance to achieve its goals does not send a very good message about the way the FSF sees the people who license code under the GPL.

      The FSF cannot know what your exact goals are when applying their license, so what they assume is that since you are using a Free Software license you care most about Freedom, and that's what they offer you by default. And, true, this is not appropriate for everyone. Organisations like MySQL are actually not so much interested in Freedom

      Organisations like MySQL might be interested in other kinds of freedom than the FSF definition of "Freedom". In fact, the main organisation actually interested in "Freedom" is the FSF itself. The FSF should keep that in mind if it's interested in having people who might not share its goals entirely use its licenses, as opposed to alternatives such as BSD, Creative Commons, etc.

      You are plain wrong. The Frequently Asked Questions about the GNU GPL goes into more detail and explains the rationale behind the "or later" recommendationand why you should (not must(!)) use that formulation.

      I stand corrected. I think it would be a good idea to reference that particular FAQ response from the "How to Apply" text, though.

      The main issue which that response doesn't address, as I see it, are the risks of including the "or later" clause. I understand that the FSF doesn't consider it in its interests to include such a discussion. However, as I've said, including the "or later" clause requires significant trust in the FSF and its future evolution. To be deserving of that trust, the FSF should be as open as possible on issues like this.

  47. Re:We're going to have to do this with Adium as we by swillden · · Score: 2, Informative

    Also note that the "v2 or later" language is not actually part of the license (or a license type itself); it's just a phrase that is traditionally used to introduce the license in many releases.

    More than that. It's the language that typically accompanies the copyright statement, and is the formal indication of the license granted by the copyright holder. The recipient can choose which set of rules they redistribute under, but I'm not at all sure they can change the actual license chosen by the copyright holder.

    To be clear, If write a program and license it under v2+, I think you can:

    • Distribute under v2
    • Distribute under v3
    • Add v2-only code, making the result distributable only under v2
    • Add v2+ code, making the result v2 and v3 distributable
    • Add v3+ code, making the result distributable only under v3 (or v4, etc.).
    • Add v3-only code, making the result distributable only under v3

    What I think you cannot do at all, though, is change the license selection in my copyright statement to say "v3", or "v2", or anything at all other than "v2+".

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  48. Re:Hoopla! by Anonymous Coward · · Score: 0
    It should be "here is my software and my source. Do what you wish." That provides opportunities for other people to use your code for something commercial, hire people, and support the economy over all. Just because it isn't your goal doesn't mean you should reserve the right to deny other people the opportunity.
    If you want to release Free software, release under the BSD licens

    I'm going to say this in the nicest way possible:

    Fuck you and your sense of entitlement.

  49. uh, no. by everphilski · · Score: 1, Troll

    RMS seems to think you can enumerate freedoms ... he has the zero'th, first, second and third freedoms. www.gnu.org right there on the front page. Three strikes (plus a zero'th) and you, my trollish friend, are out.

  50. Re: Agendas by Anonymous Coward · · Score: 1, Informative

    I'm sorry, but I agree with Linus here, this is not abuse.

    In fact, you could argue it is a security measure, a liability limiting measure, heck even a safety measure.

    If some company implemented some hardware that runs in a critical area of some system (say, an airplane's fly by wire system) and just allowed any software whatsoever to run on it, and someone put new software on it, many people could be injured or killed very easily. To me, it is perfectly fine for the company to ensure that the software running on that system is qualified by them, both to help ensure safety and also to limit their own liability.

  51. Need some answers on GNU/GPL by 88NoSoup4U88 · · Score: 1

    A bit offtopic, but since this topic is about the GPL I thought I might be able to get some more information from here.

    Could anyone point me to a good resource/site where I could ask some specific questions about the (commercial) use of GPL-ed code (more specifically the Quake 3 engine source), as the GNU/GPL site doesn't offer me all my answers I am looking for; And when I contacted them by email with those specific questions, they referred me to talk to a lawyer specialised in this (which I am currently not able to do moneywise).

    I -did- do some Google-searches for it, but most came up empty.
    I've been waiting some time for a GPL-topic to come up on Slashdot, so I could pose this question: So here I hope someone is able to point me in the right direction.:)

    Thanks in advance, and any help is appreciated.

    1. Re:Need some answers on GNU/GPL by wrook · · Score: 1

      What questions do you want answered? The FSF is the best place to get general answers about the GPL. If it is not listed there and it isn't obvious from the license itself, then you probably *do* need a lawyer to give you advice.

      I have had several friends ask me about the use of GPL code, so I'll guess what your question was. I'm not a lawyer, though, and this is not legal advice.

      I'm assuming that you want to write non-Free software and use GPL code with it (it might be a good idea to refrain from using the term "commercial" when you mean non-Free, because it is misleading -- many, many people make money writing Free software in a commercial sense. Yes... the word "Free" is also confusing, but that's a different story).

      The short story is that if you are making a derived work of the original, you must license your code under the GPL as well. This is copyright law, so the definition of "derived" work is a bit nebulous. But basing a new game on the Quake 3 engine would be a derived work in the same way that including large parts of the latest Harry Potter book in your "new" novel would be a derived work.

      Are there technical ways you can "get around" the "derived work" thing? Maybe. But that's what you would need a lawyer for. On the other hand, doing so would engender a fair amount of hatered towards you even if you succeeded.

      The absolute easiest and best way to determine what you should or shouldn't do, is simply to contact the author. Say, "I'm planning to do X with your engine. I've read the GPL and I'm not sure if it is intended to cover this possibility. What do you think?". If they think that you shouldn't do it... Well, why be an asshole? Just do what they want. It's their code. They are doing you a favour by allowing you to use it. Play nicely.

    2. Re:Need some answers on GNU/GPL by 88NoSoup4U88 · · Score: 1

      Thanks a lot for bringing some insight into this: I'll elaborate a bit more of what I had in mind:

      First of all, I am very aware of the obligation of including (or at least making publicly available) the source of a derived work: I don't even mind, because I certainly think it's fair to do so when given the opportunity to work with such an awesome piece of code/engine. I am a level designer myself, and I've been including my 'source'-maps with every release, as I think that people can learn a lot from other people's work, so the concept of sharing is not too strange to me.

      My plan, which I've been playing with in my mind for some time, is to create a game which I would like to make available for free and at the same time having it 'sponsored' by in-game advertising.

      As stated before, I wouldn't mind sharing the end-result of the code that would be in the final game, but I am not too sure as to how 'protected' the rest of the assets would be (think of sounds/textures/maps/models), and I am not to sure of how others could misuse these assets (read: Copy the game/software, which they would then either distribute on their own, or worse, start selling it).

      I am also aware that if I am afraid of such misuse, I could still license the Q3-engine, but lack of funds (and maybe lack of courage to take the risk ;) ) prohibit me from doing so, and that's why I am looking for other ways around that.

      My main question would be if such misuse can be countered (so, for instance, the assets besides the code: Do they also have to be made publicly available?), and if it's allowed for me to make money out of GPL'ed code like this in the first place.

      I very much appreciate your advice of getting into contact with the authors (in this case id software), and am slapping myself in the head of not having thought of that before: I very much want to respect the work of said authors, so I definitely think it's a step into the right direction.

      I want to make clear that in no way I want to find ways around the GPL, and fully respect the hard work id software has put into this: Just very curious as what -is- allowed (or accepted within the GPL community), and what isn't.

      Anyhows, thanks for your advice.

    3. Re:Need some answers on GNU/GPL by Anonymous Coward · · Score: 0

      Sounds/textures/maps/models are not covered by the GPL, it's not code.

      Same with fonts, icons and other things. they can't be covered as code, because they're not.

      check the fonts issue if you like for a clue.

      eg: a specific character in a game. there are other ways to protect it, trademarks come to mind.
      a character isn't code, but the image of the character can be copyrighted, however, it's not part of that GPL.

      I've never seen a character be GPL licensed. the only one that comes close is Tux.

    4. Re:Need some answers on GNU/GPL by wrook · · Score: 1

      As the other responder said, I don't think that levels used by the engine would be a derived work. But it's not necessarily so cut and dried. I can see why you would not want people altering your in-game advertising. Definitely contact id to see what they say. I suspect they don't mind. But to be safe, I would also package the engine and the artwork/levels separately. If you write the code so that it can load any kind of levels (don't laugh, but I've never played Quake, so maybe it's already like this) and then distribute your data completely separately under a different license. I'm pretty sure (remember IANAL) that it will be fine. Just don't use *any* of their artwork/levels (be meticulous about this). It is possible that their artwork is under the GPL, and extending it *might* be considered a derived work.

    5. Re:Need some answers on GNU/GPL by petrus4 · · Score: 1

      I am a level designer myself, and I've been including my 'source'-maps with every release, as I think that people can learn a lot from other people's work, so the concept of sharing is not too strange to me.

      I could be wrong, but AFAIK there isn't an open source 3d game engine in existence which isn't under the GPL. That effectively means that for any of them you use, you can't hold back code at all. Technically speaking, you could still copyright/trademark images/textures within the game, though...that's what Red Hat do with their artwork within their Linux distribution.

      Also, while there is nothing legally preventing you from making money from GPL licensed software, whether it's accepted or not will depend on where you try it. The Linux community in particular has a fairly strong cultural taboo against people making money from software more or less in general, irrespective of the license used, so you're likely to get viciously verbally abused if you try and sell it to them, or to anyone else where they can see you doing it. On the other hand, you could probably do it offline or with non-Linux users with no ill effects whatsoever...since as I said, selling GPL licensed software isn't illegal...it's more purely a case of Linux developers/users not wanting other people to make money from software if they themselves aren't...envy, in other words. As a good example of this, Linus Torvalds himself originally tried to stipulate (prior to putting the kernel under the GPL) that the kernel was for non-commercial use only, and that people could only use it as long as they did not try and make money from it. Since having become a millionaire himself, although the kernel is still under the GPL, he now has no such economic stipulations whatsoever. ;)

      If you do sell GPL-licensed software, you do of course have to make sure you provide full source code with whatever binaries you're selling. As long as you do that, you're legally free to charge as much for it as you want.

    6. Re:Need some answers on GNU/GPL by hitchhacker · · Score: 1

      Sounds/textures/maps/models are not covered by the GPL, it's not code.

      IANAL:
      The GPL is a copyright license. Anything covered by copyright law can by licensed with the GPL.
      Sounds, maps, models, etc are covered by copyright law.

      -metric

    7. Re:Need some answers on GNU/GPL by 88NoSoup4U88 · · Score: 1

      Thanks people! Great to have some second thoughts on this, and whereas I understand that none of you people are lawyers, you gave me quite some more insight in the whole situation.
      As mentioned before, I will be getting into contact with id software (and btw wrook, yes I -did- chuckle at you not having played Quake ;-) ) and from there on see where this will end up.

      I am very happy that my understanding of the GPL seemed to resemble what was said by you people; So I got good hopes that I can get this one on the road soon enough.

      Thanks again all; and if you're curious if any of these plans of mine are working out, be sure to check out nosoup.net in the near future, as I will be keeping track of the progress I will eventually (and hopefully) be making.

      Cheers!

  52. Forced? by guspasho · · Score: 1

    I'm afraid I don't understand. Why would they be forced to migrate to GPLv3 if they stayed with GPLv2? Why couldn't they simply remain on GPLv2? What would force them to change?

    1. Re:Forced? by neimon · · Score: 1

      This is yet another reason why computer people really oughtn't try to deal with the real world. This is so complicated as to be completely opaque and inscrutable. My god, is there a way to make it more complicated? Stick a watermelon in it? Require a certain color of socks? Redefine "free" to mean "whatever the hell we force you to do in an arbitrary and ineffable manner because otherwise you're just not 'leet enough and if you dare ask us a question we'll sneer at you and tell you to 'man gnu'?"

      I'd rather spend money, get a real contract, and have someone to sue. Sheesh.

    2. Re:Forced? by Dr.Dubious+DDQ · · Score: 1

      It sounds like the "GPL2 or later" clause in their previous license terms meant that someone could conceivably donate some code (and/or fork the project) under GPL3 terms, in which case either parts of their code (or the entirety of the fork) would end up being GPL3.

      Now any donated code or forks of subsequent version of MySQL (currently) must be GPL2 licensed. Of course, if someone wanted to go back one version and fork from there, GPL3 would still be a possibility, I think.

    3. Re:Forced? by John+Hasler · · Score: 1

      > It sounds like the "GPL2 or later" clause in their previous license terms
      > meant that someone could conceivably donate some code...

      Which they could refuse to incorporate.

      > (and/or fork the project) under GPL3 terms, in which case either parts of
      > their code (or the entirety of the fork) would end up being GPL3.

      All of their code would still be available from them and many others under GPL2.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  53. Re:Hoopla! by evil_Tak · · Score: 1

    I mean a lot of people I spoke with seem to have the perception of the FOSS movement as a group of pedants and sticklers for the letter of the law, who have gotten entangled in sophistry and formalistics struggles over nuances of formulations.

    Unfortunately, people who would proprietize Free code make this stickling over the law necessary. It would be great to say, "Here's my code; do whatever you want with it as long as the changes are Free," but then people try to exploit loopholes, as in, "I didn't really change the code, so blah blah blah..."

    In other words, if people would follow the spirit of the license, then we wouldn't have to be so nitpicky about defining and enforcing the letter.

  54. Oxymoronic by MrCopilot · · Score: 3, Insightful
    We are expanding your options by eliminating your options.

    FTFA: MySQL has today refined its licensing scheme from "GPLv2 or later" to "GPLv2 only", in order to make it an option, not an obligation for the company to move to GPLv3.

    Doesn't this specificaly prevent them from using GPLv3 as an option in the future? I mean only means only right.

    --
    OSGGFG - Open Source Gamers Guide to Free Games
    1. Re:Oxymoronic by gclef · · Score: 1

      They own the copyright, they can license it under whatever scheme they like. They could release a future version under the "I get to sleep with your daughter" license, if they liked. What they *can't* do is take back earlier releases, since those were released as GPL. But, since MySQL AB own the copyright, they can do whatever they like with it going forward. It's their code.

    2. Re:Oxymoronic by SydShamino · · Score: 1

      They own the copyright to all code they accept into the source, so they can change it in any way they want at any time. They could change it to BSD, or close the source entirely, if they so wish, and the original authors have no authority to stop them because the copyright was assigned to MySQL, not retained by those authors.*

      * This assumes there was no agreement between the author and MySQL at the time the copyright was assigned, which specified that the code could only ever be licensed under GPL vX. If that is the case, the original author can claim breach of contract and sue to have his or her code pulled from the product. If the author assigned his or her code to MySQL with no strings, MySQL can use it as they wish.

      --
      It doesn't hurt to be nice.
    3. Re:Oxymoronic by NereusRen · · Score: 1

      No, it doesn't restrict their options. They require copyright assignment on any contributed code, so they can re-license it whenever they want, using whatever license they want.

      This only restricts the options of other people who might want to fork the code.

  55. programmers can't read licenses by OrangeTide · · Score: 1

    The section:

    This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

    is NOT part of the license, it is instructions for the license to the copyright holder. When it says (at your option) it is at the option of the copyright holder to automatically apply future versions. A licensee cannot make this choice, despite there being some text in the file saying "at your option". Because legally that text is not addressed to the licensee.

    You can read for yourself if you don't believe me.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:programmers can't read licenses by Anonymous Coward · · Score: 0

      A licensee cannot make this choice, despite there being some text in the file saying "at your option". Because legally that text is not addressed to the licensee. This is BS. The choice certainly does apply to the licensee. The "at your option" text isn't part of the license, true. However, it states which license applies, which is certainly relevant. If I ship my software with a license saying that I own your soul the minute you run it, but said software also contains a statement saying that the "own your soul" license doesn't apply, then it doesn't apply.

      And for those of you who haven't figured it out yet, the reason for providing this option is to allow old, abandoned code to be reused along with newer code. Those who refuse the option clause are telling the world that their software will keep the same license forever and if you want to integrate it into a newer codebase with a later version of GPL, tough luck.

      I noticed that your "you can read for yourself" link points just to a copy of the GPL v.2. If you had a real point you would point to a document corroborating your legal opinion.

      BTW, I'm not a lawyer.
    2. Re:programmers can't read licenses by Anonymous Coward · · Score: 0

      You are wholly mistaken.

    3. Re:programmers can't read licenses by ray-auch · · Score: 1
      And for those of you who haven't figured it out yet, the reason for providing this option is to allow old, abandoned code to be reused along with newer code.

      All that would be required for that would be for the newer licence to be GPLv2 compatible. So, if GPLv3 is compatible with GPLv2, then there is no problem using old code.

      If it is (or will be) not compatible (as you seem to be implying) then you should be asking why.

      The typical cause of GPL incompatiblity is the addition of restrictions, and the intent of the GPL is that you may not add further restrictions (and it looks to me, although IANAL, like v3 does do that). If code (old or otherwise) cannot be combined with code under another licence because of such restrictions, then that is a feature of the GPL, not a bug. That applies whether the other licence is a new version of the GPL or not.

      Or, to put it another way, if I licence code under GPLv2 I mean this bit to apply:

      You may not impose any further restrictions on the recipients' exercise of the rights granted herein.


      and you don't get to end-run around that by putting those restrictions in via the GPLv3.

    4. Re:programmers can't read licenses by Anonymous Coward · · Score: 0

      The "at your option" text isn't part of the license, true.

      You can stop there, it seems the grandparent hit the nail on the head. your contrived examples don't really disprove him.

    5. Re:programmers can't read licenses by OrangeTide · · Score: 1

      If you had a real point you would point to a document corroborating your legal opinion.

      that statement proves your whole argument! you didn't need to spend time with the previous paragraphs, assuming we all accept its premise.

      --
      “Common sense is not so common.” — Voltaire
  56. Not a blank check by Per+Abrahamsen · · Score: 3, Informative

    The FSF has contractual obligation to me, and I guess thousands of other contributors, that limit what they can do to with the GPL. When you donate software to the FSF, you get a signed contract back stipulating what they can do with it. It obviously leaves some freedom to the FSF (as seen with GPL3), but it is not a blank check.

  57. FSF or You by SanityInAnarchy · · Score: 1

    Consider the Linux kernel. They now cannot use any license other than GPLv2.

    Now, consider the Gentoo project. As far as I know, every single ebuild is copyrighted the "Gentoo Foundation". That means they can relicense it to anything they want, at any time.

    If I were to keep all the rights to all my code -- and any contributions to it -- I'd certainly be happy with saying GPLv2 only, until I'm convinced I like GPLv3. Otherwise, if it's something like Linux, where every contributor owns the rights to their own code, "or later" makes sense in that it gives someone the authority to change it later, and the FSF is certainly not the worst organization you could trust with that authority.

    All things considered, I'd rather own my own stuff, but realistically, you need to be able to change the license somehow -- the GPLv2 will eventually have to be replaced. People will find loopholes -- hell, they already have, with TiVo, but maybe the next loophole will be one you care about. So, unless you can have an individual or an organization own all the rights to a given piece of software, your only way to ever change the license is that "or later" clause.

    --
    Don't thank God, thank a doctor!
    1. Re:FSF or You by Ash+Vince · · Score: 2, Insightful

      Everyone is very down on the whole Tivo thing, but I feel it is perfectly reasonable use of open source software. You take a mishmash of code and build a polished product that anyone can use with very little effort and no technical ability.

      You wrote the software, you contributed your time and effort to it and that will be forever appreciated. But if I take some unsupported code (Unsupported in terms of if it doesnt work, then I have no way of getting you to fix it in a reasonable timeframe) and turn it into a working, supported product why should I not be able to then protect my work from plagurism. Why should I be limited to giving my product away for free as well?

      Anyone who has had to work in the software development field professionally will probably agree that writing a product is the easy bit (and fun too). The shit bit is having to help users who think the manual is something YOU should read then tell them what is says. But these people do exist and are quite frequently able to throw money at other people so they never even look at a manual.

      The reality is that open source software would still be a hobbiest only affair without the freedom that the GPLv2 grants to make professional, user friendly products and then protect that product from being ripped off by a competitor who can produce it cheaper as you have done all the polishing.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    2. Re:FSF or You by SanityInAnarchy · · Score: 1
      You take a mishmash of code and build a polished product that anyone can use with very little effort and no technical ability.

      No, actually, they wrote new software that runs on Linux, as I recall. Nothing to stop you from releasing proprietary software which runs on Linux. But, they do prevent us from actually using the code they did modify -- and by the way, they do give us the code, they just don't let us use it.

      But if I take some unsupported code (Unsupported in terms of if it doesnt work, then I have no way of getting you to fix it in a reasonable timeframe) and turn it into a working, supported product why should I not be able to then protect my work from plagurism.

      Nothing in GPL, either 2 or 3, prevents you from protecting it from plagarism. But I don't think "plagarism" means what you think it means.

      Anyone who has had to work in the software development field professionally will probably agree that writing a product is the easy bit (and fun too). The shit bit is having to help users who think the manual is something YOU should read then tell them what is says.

      So what? What does this have to do with anything?

      The reality is that open source software would still be a hobbiest only affair without the freedom that the GPLv2 grants to make professional, user friendly products and then protect that product from being ripped off by a competitor who can produce it cheaper as you have done all the polishing.

      First off -- TiVo is a piece of hardware. Second, others have indeed done TiVo clones, some with Linux, some without.

      But more relevantly, there is nothing in GPLv3 which prevents you from making a professional, user friendly product. You certainly can -- and it will be all the more user friendly for me if I can actually modify your code.

      Besides, if you truly believe open source would be a hobbyist affair without tivoization, you should look up Ubuntu, RedHat Enterprise Linux, and the vast numbers of Debian servers around the world. Linux doesn't need TiVo, and it doesn't need you. After all, what's the point in letting TiVo use it, if we get nothing back?

      One more thing to remember: You're getting the code for free. You do not get to bitch about us changing the terms. Nothing is stopping you from developing your own TiVo DRM monstrosity, but you will not be doing it with my code -- at least, not for free.

      --
      Don't thank God, thank a doctor!
  58. Re:We're going to have to do this with Adium as we by Bob+Uhl · · Score: 1

    You don't have to keep to using GPLv2. And if your contributors submitted using the standard verbiage, then they explicitly allow you to use later versions of the GPL at your option. That's what the standard verbiage does: it allows anyone to apply the current version of the GPL, or a later one if said person wishes.

  59. It allows MySQL to pursue patent lawsuits by Anonymous Coward · · Score: 1, Interesting

    It makes absolutely perfect sense, for MySQL. By staying with GPL2 they can pursue Software Patent claims against GPL3 projects.

    Sort of like how Microsoft can now fork a Linux distribution via Novell, and still retain the right to pursue Patent Lawsuits against other Open Source projects.

    I have no idea if this is actually MySQL's intention. But given how closely they've worked with SCO, I wouldn't put it past them.

    1. Re:It allows MySQL to pursue patent lawsuits by Jamesday · · Score: 1
      Working against software patents is a core value of MySQL AB. So is support for open source (not only the copyleft subset of open source). These are the core values of the company MySQL AB and its employees:
      • We subscribe to the Open Source philosophy and support the Open Source community
      • We aim to be good citizens
      • We prefer partners that share our values and mindset
      • We answer email and provide support
      • We are a virtual company, networking with others
      • We work against software patents
  60. Re:We're going to have to do this with Adium as we by SanityInAnarchy · · Score: 1
    We are unable to contact some contributors to get their ok on using GPLv3, and rather than disrespect their contributions by pushing the bottom line of v3, we're going to have to keep using v2 since it's the license they submitted with.

    I agree with others here -- even if it's legally OK for you to do that, if they released their code under v2 or later, then they have to be OK with it. You'll have to decide for yourself whether you want v3 or not -- and I'd suggest you either wait for v3 to be released, or make yourself a part of the v3 process. They have a public site where they're holding all their discussions.

    v3 is about pushing an agenda within a license from what I can tell, rather than sticking to what it is, a license.

    And v2 wasn't an "agenda"? Every license has an agenda, even no license (public domain) is its own agenda. You may not agree with what the FSF is trying to do here, but if so, have the balls to say that, and why you disagree. Don't hide behind "It's an agenda" and "We can't because we want to respect these developers we've lost touch with."

    By the way, if you read the FSF's philosophy pages, v2's agenda is identical to v3's, and indeed, identical to v1's. That agenda is, anywhere someone can get a copy of your software running, they should be able to see and modify the source code, and run that. The only difference is, v2 had some loopholes that v3 doesn't. You may like these loopholes, but that doesn't change what they are -- bugs in the license.

    If that isn't what you intended, I'm curious as to why you didn't go with a BSD license.

    --
    Don't thank God, thank a doctor!
  61. Re:We're going to have to do this with Adium as we by Omnifarious · · Score: 1

    All of the GPL licenses have been about pushing an agenda with a license. Personally, I think the new license is generally clearer and easier to work with. It makes it much easier for non-GPL free software and GPL free software to be able to play together.

    You are trying to push an agenda with your license too. It's an anti-GPLv3 agenda. So you're complaint about the GPLv3 is somewhat silly. If there's something a little more specific you'd like to complain about, please do. I would really hate to have to give up on using a nice piece of software like Adium.

  62. Re: Agendas by Omnifarious · · Score: 2, Insightful

    It is abuse. It is until they give me, the person who purchased their hardware the ability to change what software it runs. It's my hardware. They don't own it any longer. They should have no right whatsoever to tell me what I can and can't run on it. None at all.

    Do you think any airline in their right mind would buy an airplane that they were told they couldn't take apart or fix the software of? What happens when the airplane manufacturer goes out of business?

    Sure, hardware keys are darned useful for security, and I think they ought to be allowed. But not letting me change them when I own the device is tantamount to stealing the device back from me after I purchased it. It's my piece of hardware darn it. If you don't want to sell it to me, don't. But don't sell it to me then tell me it really isn't mind afterwards.

  63. Why So Much Fuss About GPL3? by eno2001 · · Score: 1

    I don't understand the reason why so many people are shying away from GPL3. To me it seems a pretty logical upgrade to GPL2 and makes it even harder for businesses to openly thwart the spirit of free software. To be honest, I've always been annoyed by the fuss made over licenses.

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    1. Re:Why So Much Fuss About GPL3? by petrus4 · · Score: 1

      The GPL3 has a couple of problems which aren't necessarily about what's actually written on the page, but I think some people are still noticing them.

      a) For starters, a lot of people (like, say, Linus) have repeatedly expressed that *because* v2 is as great a license as it is, they're uncomfortable with *anyone* messing with it...and that includes the FSF themselves.

      b) Although v2 itself wasn't, v3 is very much a case of Stallman specifically saying, "You can only continue to use software that uses this license as long as you specifically avoid doing anything which I, in my sole discretion, happen to decide that I don't like. In order to continue to use this software, you have to become a fully committed adherent of my religion. That means adopting my ideology to the letter whether it be political, economic, social, or in any other area, as well as doing anything else which I might happen to feel like telling you to do." This is a real problem. Rather than simply stipulate that use of the license mandates providing source with binaries, (which I have no problem with, in fact view as a very good thing) Stallman has indicated a desire to genuinely use the license as a moral/ideological soapbox. Source with binaries on its' own has never been enough for Stallman...and I'm inclined to believe it never will be. He wants power over others...he wants a social movement...and he wants to go a long way beyond merely software itself. If you want me to go into more detail, we can spend as long as you like talking about this, as well...I can cite any amount of evidence of Stallman's megalomania. For the most part he keeps it fairly well hidden...but occasionally the mask cracks. Even if you don't believe he himself wants these things, try reading this and then telling me that Bradley Kuhn isn't a megalomaniac. As Ulrich Drepper noted, the *only* reason why Stallman has wanted the, "or any later version," language in the GPL is precisely so that he has the legal option to pull the carpet out from under people's feet when he feels like it.

      Bottom line:- Vista might mean that it's time for people who care about their own self-determination to part ways with Microsoft, but GPLv3 means that in my own mind anyway, the FSF are rapidly moving towards the same point themselves. Other people need to make their own decisions, but I for one will *not* be Stallman or Kuhn's bitch any more than I will be Gates or Ballmer's.

      If you want to know why other people are moving away from GPLv3, I can only assume it's because they feel the same way.

    2. Re:Why So Much Fuss About GPL3? by zuiraM · · Score: 1

      Businesses aren't inherently The Enemy(tm). Part of the goal of many free software people is to provide business applications. There are many motivations for open source and free software, and to enforce a particular dogma is restricting/encumbering the software unneccessarily. Personally, I find the three appealing concepts to be (a) better interoperability through open standards compliance and the elimination of cost associated with complying by making compliant implementations available for free, (b) source code disclosure, allowing modification/customization and inspection of the software, and (c) availability of free software. The GPL, and particularly their political agenda, is not required to protect this.

      Consider the BSD 2-clause licence.

      Exactly how is it that a business can thwart the spirit of free software there?

      If the software is any good, someone will have the source code, even if the original project shuts down for some reason or other. The software will thus always (or at least as long as it is relevant) be available under the original licence terms, permitting the project to continue as it has always done.

      Consider that with open software, the source itself is part of the application in a stronger sense, and restricting what you can do with the source code is restricting what you can use the application for. How is that any different from stuff like DRM, EULAs, etc.?

      If I'm going to give my software up for the world to do with as they see fit, I want it to remain free for them to use, not be encumbered by all manner of political dogma. Nor do I particularly relish the idea of making my creation (or my contribution) a vehicle for furthering a dogma and policy that may change into something I do not support without me having a say in what I am implicitly endorsing.

    3. Re:Why So Much Fuss About GPL3? by chromatic · · Score: 1

      Bradley Kuhn left the FSF nearly two years ago. I question your other facts and interpretations.

  64. Re: Agendas by Anonymous Coward · · Score: 0

    If some company implemented some hardware that runs in a critical area of some system (say, an airplane's fly by wire system) and just allowed any software whatsoever to run on it, and someone put new software on it, many people could be injured or killed very easily. To me, it is perfectly fine for the company to ensure that the software running on that system is qualified by them, both to help ensure safety and also to limit their own liability.

    This is the same kind of "what about voting machines/what about medical equipment." None of this protection is ruled out by the use of the GPL v3... and if you bothered to follow the reasoning and discussions that have happened around the GPL v3, you would know that the GPL v3 IS NOT INTENDED TO STOP THAT KIND OF USE.

    It's only the idiots who are spreading this shit around.

  65. Re:Hoopla! by InsaneGeek · · Score: 1

    Mainly off of someone *elses* work (though I must say Redhat has contributed quite a bit) who doesn't get to see a dime (which basically illustrages the previous posters point). Are they funneling any cash back to the guy who contributed lines to the systat package who would like some cash too? I've been using Redhat for years and a fedora user, but one must be truthful in that the argument you give is pretty hollow.

  66. Re: Agendas by swillden · · Score: 2, Informative

    If some company implemented some hardware that runs in a critical area of some system (say, an airplane's fly by wire system) and just allowed any software whatsoever to run on it, and someone put new software on it, many people could be injured or killed very easily.

    Why would an airline allow anyone to install arbitrary, uncertified software on mission-critical hardware? And why would the vendor of that hardware have any interest in preventing the airline from installing whatever software they want?

    But,really, that's all beside the point because GPLv3 would not prevent the hardware vendor from implementing cryptographic signature checking that ensures that only authorized code is placed on that device -- GPLv3 would only require that the vendor give the signing key to the airline that bought the hardware or, more realistically, allow the airline to use their own keys. That way, random attackers can't install random software on the hardware, and the legitimate buyer of the hardware can do whatever they want with it.

    In short, your scenario has absolutely nothing to do with GPLv3. GPLv3 wouldn't disallow the benefits of code signing for safety-critical applications, and there's no realistic scenario under which the legitimate owner of safety-critical hardware should be denied permission to modify it by the license (other contracts, or even government regulations, may well deny them permission to do so, but that's a separate issue).

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  67. GPL change is RISKY for companies and individuals by FallLine · · Score: 1

    To the extent that certain radicals in the open source movement are willing to make changes in the GPL license and to the extent they are successful in pushing these changes into important open source projects licensing, both today (with GPL v3)...and tomorrow (with GPL v10), this adds risk to businesses and individuals that choose to adopt these open source projects. I commonly hear on slashdot that the various open source projects' very "openness" represents a very important form of insurance for its users. The assumption is that, unlike with a closed-source project, the death, bankruptsy, disengagement, or arising conflict of interest of the developer is theoretically unimportant because you can always pickup where they left off with your copy of the code.

    This, of course, assumes that the source code in and of itself is sufficiently usable to the individual and other malcontents. The reality is that many people who have already adopted the platform may not have the practical ability to make their own changes when necessary (e.g., it may be too costly, to time intensive, etc) and that there may not be a sufficient credible mass behind any one forked project to make the alternative viable. Sure, the open source project may have a greater chance of recovering from a disruptive event with the developers. On the other hand, most successful closed source software has a very concrete incentive to please their customers (excepting, perhaps, the most arrogant monopolist) and they typically do not want to alienate significant groups of their customers. I'm not so sure the same can be said for many open source projects. Idealogy, for better or for worse, motivates many of its followers (but not all, esp. Linus).

    Yesterday the target was applications that link-to/depend on GPL code (e.g., libraries). Today the target du jour is DRM. Tomorrow, what if the next target is the production or support of any copyrighted material (applications, music, literary works, etc) that is not GNU's idea of "open"? How many companies and individuals might be impacted by such license terms? I'm not saying that this is planned... The point, however, is that most open source users have no way of knowing what is around the corner with respect to licensing (nor should they feel the need constantly take the pulse of its philosophical leaders).

    Sometimes predictability and stability are greater virtues than any group's ideas of improvement (whims).

    And before this is dismissed as merely theoretical or scaremongering... Let me just say that I do feel a little burned by GPL v2. More specifically (ironically) with MySQL's adoption of it to support their licensing scheme. What, with GPL v1, would have been an attractive platform for me to do development work with, as a closed-source developer, is now not so attractive (and would have been disasterous if I commited before this change). Today I have the choice, in essense, to either pay MySQL for their commercial license (so that I can retain rights to my code) or I can GPL it (something which I find entirely unacceptable for my business model). I don't begrudge MySQL's right to make a profit off of their work, but now I'm exposed to their continued commercial licensing and their continued operations where before I would not have been. That price may be reasonable right now though one cannot, for instance, simply visit their page to obtain even a rough estimate of price (one must call and negotiate a price)... so many of the arguments for how open source speeds development start to fly out the window. Some large percentage of open source developers may believe that I should never be able to profit from an open source effort with closed-source code, but those were not the licensing terms of GPL v1 -- GPL v2 was a significant departure. Had I invested time and energy into implementing MySQL at GPL v1 I may have been in trouble. How is one to know what the future might bring? Even if I find MySQL's new terms perfectly acce

  68. Re:Hoopla! by geoffspear · · Score: 1

    I believe OP's contention was that the point of the GPL is that the person doing the actual work decides that they don't need to be paid for doing that work, and that they insist that no one else should make money from their work, either. It's not.

    Granted, releasing your source code with a BSD license probably makes it a lot easier for others to profit from your work, as they don't have to compete with people who want to take the changes they add on to your work and undercut you on price, but neither license has anything to do with the right of a third party to try to make money; the difference is in whether the new not-free-as-in-beer software must remain Open Source.

    If you don't want anyone profiting from your work, you don't GPL it, you use a license that forbids commercial use.

    --
    Don't blame me; I'm never given mod points.
  69. Re:Removing "or later" protects author's rights .. by John+Hasler · · Score: 1

    That's all true, but claiming that they would otherwise have been "forced" to GPLV3 as the article says is nonsense.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  70. Re: Agendas by Skylinux · · Score: 1

    It is until they give me, the person who purchased their hardware the ability to change what software it runs. It's my hardware. They don't own it any longer. They should have no right whatsoever to tell me what I can and can't run on it. None at all. Until you call the company and demand support for the "strange behaviors" without telling them that you "customized" the product they spend a lot of time and money tweaking. What we really need is multiple purchase options.
    1. The device is protected from third party tampering, you get support.
    2. The device is open, hardware issues are covered, any other problems and you are on your own.
    --
    Everyone who buys Wild Hunt will receive 16 specially prepared DLCs absolutely for free, regardless of platform.
  71. Re: Agendas by Skylinux · · Score: 1

    And why would the vendor of that hardware have any interest in preventing the airline from installing whatever software they want? To save money.
    Let's assume there is a software glitch which reverses the steering input for flight control. Now the plane is headed straight into the ground....
    After investigating it is believed that the pilot control system malfunctioned, unfortunately all the chips holding the code burned up and the airline will not admit that they "customized" the code.
    Who do you think the relatives will go after if they find out that there was a software glitch?
    --
    Everyone who buys Wild Hunt will receive 16 specially prepared DLCs absolutely for free, regardless of platform.
  72. Not per se -- but it effectively can. by FallLine · · Score: 1
    Given the GPLv3 (however it's written) cannot reduce the liberty provided by the GPLv2, one can only imagine that those who cross out "or later" are fearful that the public may be given more liberty by the GPLv3 than they'd prefer them to have.

    What kind of liberties are there to be afraid of?

    The GPLv3 can only restore the liberties suspended by copyright, patents, and the DMCA. It cannot grant any additional liberties, e.g. to inspect the publisher's premises, or to sleep with its CEO's daughter, etc.
    That response is too facile by half. You must define liberty very narrowly and not everyone understands or agrees with such an evolving definition. I was told many years ago that GPL v1 was as free as it gets only to learn little while later that "more liberty" doesn't include the right to link to a GPL library and distribute my code with the business model I choose (namely, to keep my source closed). Is business no longer a "liberty"? How else might "liberty" change? Since it is the stated goal of GPL's most zealous advocates to end any notion of IP or even the right to keep source code to ones self (not something that exists exclusively within IP law), might we also assume that they would ban even, say, the playing of any a truly free/open mp3 by an author that defends his copyright in other matters? What about an author that simply advocates IP? Where does it end? Will the banning of "bad" thoughts themselves become "more liberty" in the future?

    In any event, you can see my longer thread on the matter.
    1. Re:Not per se -- but it effectively can. by Anonymous Coward · · Score: 0

      Yes, that is exactly the intent of the liscense, *from day 1*, to share code with the world, and make it freely avaliable, but only if you agree to share too may you use it. If you don't want to share your work for free, then by all means you don't have to, but you don't get to expect access to the shared work of others for free either.

    2. Re:Not per se -- but it effectively can. by crosbie · · Score: 1

      FallLine,

      The liberty the GPL attempts to restore is nothing more nor less than the liberty suspended by copyright, patents and the DMCA.

      We are talking about a reversion to the liberty we had a hundred or so years ago before printers thought it might be a good idea if there was a gentleman's agreement not to reprint each other's publications.

      Just because you can make money by suspending the public's liberty and selling it back doesn't make it an ethically sound thing to do.

      Originally, there were a few printers, and few gave a damn whether printers were happy to surrender their own liberty to steamline their revenue models (the public at the time were pretty much unaffected). Unfortunately, we are all printers today, and all subject to the laws designed for an earlier era.

      There's nothing wrong with creating, owning or selling intellectual property. The wrong is in believing that you should continue to own it even after you've sold it or published it.

    3. Re:Not per se -- but it effectively can. by FallLine · · Score: 1

      The liberty the GPL attempts to restore is nothing more nor less than the liberty suspended by copyright, patents and the DMCA.

      Not quite. My "right" to selectively publish my binary code and choose not to release my source code (or to simply delete it, post-compile) does not depend on any personal claim to copyright, patents, or protections brought by the DMCA (you might argue you could legally reverse engineer it without this, but it would not give you source code and it would certainly not be coming from me). To the contrary, the only thing compelling me to continuously release my source code that are derivative of GPL software is copyright law itself. In absence of copyright law, anyone may be free to try to copy or reverse-engineer my software if they can get their hands on the binary, but this does not mean that they would necessarily succeed in either using my product for free (esp. if run as a service or with DRM on some obscure platform) or (especially) in obtaining the source so that they could make their own modifications.

      I find it rather amusing how the most vociferous advocates gloss over this fact. If we were to completely reverse all laws pertaining to IP, the GPL itself would be meaningless and unenforcable: anyone could legally rerelease any GPL code as they see fit: with highly obscure, with DRM, as plain old closed-source software, as a trade-secret service, and so on.

      I respect the right of IP creators to set the terms by which their contributions may be used: this specifically includes the right of RMS and his loyal followers to set fairly arbitrary license terms on the stuff they contribute. This does not, however, mean that they are right to constantly change the terms and pull the rug out from under people. Nor does it mean that many open source developers share their views just because some of the more zealous are able to slip their new license in.

      We are talking about a reversion to the liberty we had a hundred or so years ago before printers thought it might be a good idea if there was a gentleman's agreement not to reprint each other's publications.

      Copyright and patent law was promulgated in the US Constitution more than 218 years ago.

      Read Article I, Section 8, Clause 8:
      Congess shall have the power...

      "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." ... and England recognized copyright as early as almost 300 years ago with the Statute of Anne.

      And who is "we" and what "liberty" did "we" have? Even before the Statute of Anne was passed, the English monarchs granted monopoly rights to publishers and each publisher had an exclusive right to their own works... which in turn directly compensated the authors with a lump sum payment for publication (that sum, however, would not be worth much if the publisher had no exclusivity). This system arguably created incentives to publish. Where is evidence of great literary activity before and outside of such frameworks... prior to ~1410 (given that there really was not printing, as such, and that most people were likely illiterate)?

      Just because you can make money by suspending the public's liberty and selling it back doesn't make it an ethically sound thing to do.

      I disagree. I do not believe the public has a fundamental right to the fruit of my labor, whether intellectual or physical. If I create and do not share with you, you're none the poorer than if I had not shared it in the first place. The mere fact that you can steal my work without compensating me as per contract does not make it right, anymore than your potential ability steal physical property from me makes it right. Yeah, I know that Jefferson and some others took a different view (my flame is not diminished if you light from mi

    4. Re:Not per se -- but it effectively can. by crosbie · · Score: 1

      The GPL does not compel you to publish your private intellectual property.

      If copyright were abolished you would retain the natural right to publish binaries without needing to release source code to them. This would of course be perfectly fine and fair.

      It is only in the presence of copyright that there is any need to prevent obfuscation as a means of circumventing the GPL's requirement that published derivatives are also subject to the GPL.

      If you deliver your work to the public, the public have a right to enjoy it.

      If you don't want the public to have your work, don't deliver it to them - keep it private.

      That's the natural law.

      Copyright and patents are unnatural impositions on the public's liberty as economic incentives to the publisher. However, these incentives are unethical. Moreover, given the arrival of the instantaneous diffusion device known as the Internet, they are also ineffective. That's the double whammy that signals their imminent demise.

      The ethical arguments aren't new, they're simply reappearing as a sweetener to make the bitter pill of reality easier to take.

      Copyright and patents aren't destroyed by argument, but by rejection.

      The GPL is only effective against those who stubbornly believe in copyright and patents. Without copyright and patents there is no need for the GPL to exist.

    5. Re:Not per se -- but it effectively can. by FallLine · · Score: 1

      It is only in the presence of copyright that there is any need to prevent obfuscation as a means of circumventing the GPL's requirement that published derivatives are also subject to the GPL.

      This is a non sequitur. This implies that no one would want to not publish their source code were it not for copyright law. You have shown no evidence. Nor have you presented an argument for this position. All this inspite of the fact that I have presented both the means and the motive for a significant number of people to keep their code secret without the copyright law. What's more, you appear to have an irrational belief that the majority of closed-source developers would keep on developing code, only they would magically decide to publish their source code too instead making their binaries obscure and encrypted and trying to find ways to force people to pay.

      Consider, for instance, that I could take a GPL project, like, say, Mozilla and improve it by 300%, then sell the software as a service through a good remote terminal service like RDP/Citrix/etc. Even in your convoluted idea of natural law you would have no chance to copy my work or modify it (unless you accept the notion that it is both possible and morally permissible to hack my server to give you the level of access you need). Thus in absence of copyright I would still have plenty of incentive to develop original closed source goods and, because of the removal of copyright law, I would be free to make and sell-as-service improved derivative versions of GPL products (and be legally free to keep the code closed).

      The GPL is only effective against those who stubbornly believe in copyright and patents.

      Against? I believe in IP and I believe GPL because of it. To the contrary, I think that open source and closed source complement each other. Each has their strengths and weaknesses (though, open source, not being able to sustain most development activities, is and will remain a minority). My gripe against GPL is only that its increasing and unpredictable radicalness hurts the open source movement itself and, to small small extent, discourages code re-use in the non-GPL world. The notion that you're going to force, say, a game developer to adopt GPL so that they might exploit the code base ignores the fact that this same license also bars them the ability to recover their sunk costs and make a reasonable profit (service is not an answer for everything... most things infact).

      Moreover, given the arrival of the instantaneous diffusion device known as the Internet, they are also ineffective.

      I disagree. The internet raises new concerns, yes, but many if not most of these means to pirate also have critical chokepoints (ISPs, software makers, servers, trusted computing, etc). One need not stamp out every last act to be successful. A ~4MB music file might be one of the easier targets for pirates, but the same cannot be said for drugs, engineering designs, much software, etc. What's more, the Internet also makes possible wholly new forms of DRM (remote key servers, constant update/changing of software, etc) and content protection (like running software as a service, like gmail or as an app over a remote terminal).

      One might also make similar arguments, like what you make, but for pedophiles and child molesters thanks to the increasingly low barriers between sickos and naive children. Does this mean the law should stand still and fail to adapt? I don't think so. Most educated members of society recognize the critical value of IP in the modern economy and will tend to support the evolving legal and even technical system to support rights.

      However, these incentives are unethical

      How, pray tell, is it "unethical" if I have no obligation to share in the first place? How is it any different than my imposing a contract on you in exchange

    6. Re:Not per se -- but it effectively can. by crosbie · · Score: 1

      In the absence of copyright and the GPL, source code can be obtained via purchase. Because liberty has been restored, the purchasers of this source code are free to reproduce it and resell it, or even to build upon it.

      There is no need to create any new law to oblige disclosure of source code or private modifications. The author is entitled to exploit these privately, offer them for sale, or rental, and even disclose them subject to NDA.

      Liberty is the removal of unethical forces imposed on the public by copyright and patents.

      The last thing liberty does is to 'force' anyone to do anything.

    7. Re:Not per se -- but it effectively can. by FallLine · · Score: 1
      In the absence of copyright and the GPL, source code can be obtained via purchase. Because liberty has been restored, the purchasers of this source code are free to reproduce it and resell it, or even to build upon. it.
      You still haven't explained yourself. I can just as easily say:

      In the presence of copyright and without GPL, source code can be obtain via purchase (or for free: see BSD projects). Because liberty has been created, the purchasers of this source code are free to reproduce it and resell it, or even build upon it.

      The difference copyright itself makes is that if the author actually does want to release his code, he has an additional legal tool to set conditions for its release (like with the GPL) or he can choose to set no conditions at all (see artistic license). Even without copyright, however, the author can make its release contingent on signing a license which restricts your rights and would also give the author legal tools against 3rd parties that might interfere with that contract (like someone that wants to copy your copy). In other words, the GPL stripped of copyright is no different than the BSD license in the world of copyright.

      The author is entitled to exploit these privately, offer them for sale, or rental, and even disclose them subject to NDA.
      You call it an entitlement. Yet the GPL removes from any 3rd party the right to do whatever they want with GPL code and they ironically call the removal of this right more "liberty" and you threaten to "force" them with the law if they're doing something they don't like. I find it rather ironic. Somehow its most vociverous advocates construe an awkward greater good scenario, yet they utterly fail to recognize the greater good arguments of society to have any other kind of license.

      If the GPL advocates are truly courageous and believe in this copyright free world, they would release under the BSD today because that's effectively what their license would be without copyright.

      Liberty is the removal of unethical forces imposed on the public by copyright and patents
      This is a tautological argument. Liberty is the right of people to do as they please with their own creative work. Libery also works towards the greater good by removing unethical forces (pirates and unauthorized free-loaders) that would rob society of their creative engines.
    8. Re:Not per se -- but it effectively can. by crosbie · · Score: 1

      Your 'additional legal tool' in the form of copyright and patents constitutes the suspension of the public's liberty to enjoy and build upon published works - and in the case of patents, even to create works that coincidentally involve reinvention.

      Liberty is not a right to suspend someone else's liberty. The tautology is thinking otherwise.

      Until copyright is abolished, one cannot ignore it as it applies by default. One therefore has to utilise a license that nullifies copyright, that grants the licensee liberty on condition they preserve that liberty.

    9. Re:Not per se -- but it effectively can. by FallLine · · Score: 1
      Until copyright is abolished, one cannot ignore it as it applies by default. One therefore has to utilise a license that nullifies copyright, that grants the licensee liberty on condition they preserve that liberty.
      One need merely say that they waive their rights or afix any number of public domain type licenses. It takes a few seconds and one can also retroactively waive their rights should they choose to. The GPL simply adds restrictions and decreases ones "freedom" (if you accept this definition) unnecessarily.

      Your 'additional legal tool' in the form of copyright and patents constitutes the suspension of the public's liberty to enjoy and build upon published works - and in the case of patents, even to create works that coincidentally involve reinvention.
      This implies that the public should have the right to violate contract. Real freedom includes the right to contract. Copyright is just a form of contract - albeit with society at large. Patents are different insofar as they are broad enough to create a collision of rights, but this is not necessarily so and, to some extent, allowing for the potential for conflict is better than the alternative: no rights and thus little meaningful investment in innovate efforts.

      Liberty is not a right to suspend someone else's liberty. The tautology is thinking otherwise.
      Nonsense. You would certainly restrict my freedom to enter your apartment at will, yet I'm sure you would say that this is your liberty and not mine. It is only a "liberty" if have a right to it in the first place; you have no right to product of my own mind unless I explicitly grant you that right. The fact that I give a product to another person does not mean that you then have the right to copy at will from that person, especially when I explicitly make it a condition of the exchange that no copying is to occur. Your act of copying would be a violation of the right of two people to contract and a violation of social contract.

      Under your silly definition, the GPL unquestionably violates liberty. You might make greater good arguments, but it's highly hypocritical.
    10. Re:Not per se -- but it effectively can. by crosbie · · Score: 1

      In order to nullify copyright restricting the public, a publisher must provide a license that restores the liberties copyright suspends, and in order that these liberties are preserved for all licensees must require that each licensee provide the same license. This is because copyright can otherwise be re-applied to once again suspend the public's liberty (as permitted by the BSD).

      Copyright is not a contract. A contract is an agreement entered into willingly by both parties. If copyright were abolished tomorrow you'd still be able to contract a purchaser of a copy of your work to an NDA.

      Liberty is that which remains after human rights, i.e. the rights to life, privacy, and truth. That means that liberty does not trump the right to privacy.

      If you sell a copy of your digital art to someone without contract then that person is at liberty to do with it as they will. Of course, that doesn't include impairing truth, e.g. misattributing your work as their own.

      The GPL restores the liberty suspended by copyright/DMCA and patents, and does not impose upon anyone's rights to truth, privacy, or life.

    11. Re:Not per se -- but it effectively can. by FallLine · · Score: 1
      Are you a slash-bot?

      In order to nullify copyright restricting the public, a publisher must provide a license that restores the liberties copyright suspends, and in order that these liberties are preserved for all licensees must require that each licensee provide the same license. This is because copyright can otherwise be re-applied to once again suspend the public's liberty (as permitted by the BSD).
      What sophistry! An individual absolutely cannot copyright something that has been placed in the public domain (or similar license) by a 3rd party. They can only copyright their own derivative work. That copyright does not remove anything from the public that would not be there had said derivative work not been created in the first place. Nor would the lack of copyright compel anyone to share their source code (or other new things) as the GPL insists under copyright.

      No slight of hand or turn of phrase is going to change the fact that you're misrepresenting this basic fact.

      Copyright is not a contract. A contract is an agreement entered into willingly by both parties. If copyright were abolished tomorrow you'd still be able to contract a purchaser of a copy of your work to an NDA.
      Copyright is social contract, just like physical property and many of the rights its owners are entitled to are. The voters of each country define its laws, by choosing to live in the country you are obliged to live with any such reasonable laws for as long as they are on the books. You can try to vote against it and protest, but that doesn't make it any less real.

      In any event, are you seriously suggesting that you would respect a downstream contract agreements? If I give my binary/code to party A and make them sign a NDA/non-copy/non-reverse-engineering agreement, would you at least admit that I have the right to do this? Would you also admit that conditions imposed by the first party also apply to 3rd parties (even if said parties say they did not partake in the original violation and did not know of the contract)? If so how does this difer from copyright today in practice given that this is precisely what the great majority of copyright holders would insist on?

      Liberty is that which remains after human rights, i.e. the rights to life, privacy, and truth. That means that liberty does not trump the right to privacy.
      So the government is imposing on my liberty to sell anything I want? Crack? Untested pills (which is suggested cure cancer)? The right to drive at 200 mph down a public road? The right to keep all my money to myself, i.e., not pay taxes? The "right" to carry a loaded weapon on my person? The right to form monopoly and fix prices? The right to forge currency and other official documents? The right to teach religion in school? The right not to wear clothes in public?

      Does the governmen not have the right to regulate any of these so-called liberties? And if you say they're not liberties, then are they human rights?

      That is a very sophomoric position and does not hold up to scrutiny.

      The GPL restores the liberty suspended by copyright/DMCA and patents, and does not impose upon anyone's rights to truth, privacy, or life.
      It does impose on my right to privacy and my freedom of action. It takes from my freedom to do whatever I want (i.e., keep my code private, use DRM, ...and god knows what else is coming) with what would presumably otherwise be in the public domain.
    12. Re:Not per se -- but it effectively can. by crosbie · · Score: 1

      If you want to dedicate a work to the public such that the public is at liberty to enjoy and build upon that work and all published derivatives of it, then you need a license such as the GPL.

      If you simply neutralise copyright's restrictions for the licensee, then the licensee can once again use copyright to suspend the public's liberty to their published derivatives.

      The term 'social contract' sounds like it might be a contract, because it has the word 'contract' in it, however simply because some scholars use it to describe copyright does not actually make copyright a contract. Copyright remains a state granted monopoly to publishers - and since we're all now publishers this has the effect of suspending the public's liberty.

      Similarly, the term 'copyright' sounds like it might be a human right because it has the word 'right' in it, however it is not a right, but a state granted privilege.

      Human rights are not granted or created by the state, but protected by the state. Laws are created to protect these rights, e.g. speed limits.

      Giving an exclusive monopoly over the duplication or modification of binary digits to the publisher is a commercial incentive at the expense of the public's liberty. This is unethical.

      As to your NDA hypothetical, yes, I believe such things should be respected in so far as it is practicable. However, while a 3rd party may accede to a C&D use/disclosure of information they believed they had legitimately received from the 2nd party, I don't think the 3rd party is obliged to seek recovery from 4th parties (still up to the 1st party), etc.

      The point about a contract is that it is willingly agreed to.

      The point about human culture is that the suspension of the public's liberty to share and build upon it was never agreed to by the public, but by a small cartel of commercial publishers. It is only with the advent of the Internet that would be self-publishers are noticing this suspension of their liberty.

      As to whether the GPL imposes on your rights to privacy and freedom to use DRM. I don't believe it does. Please let me know how you think it does?

      All the GPL requires is that if you choose to publish a derivative that you do not obfuscate the work, i.e. you provide the source code. You are still free to publish the derivative in binary or encrypted form with any number of digital certificates demonstrating and/or protecting your rights and those of the recipient. However, GPLv3 will also require that you nullify the draconian provisions of the DMCA.

      The GPL does not compel you to publish your derivative works. And if you do decide to publish them, you can charge any amount of money for them.

    13. Re:Not per se -- but it effectively can. by FallLine · · Score: 1

      If you want to dedicate a work to the public such that the public is at liberty to enjoy and build upon that work and all published derivatives of it, then you need a license such as the GPL.

      If you simply neutralise copyright's restrictions for the licensee, then the licensee can once again use copyright to suspend the public's liberty to their published derivatives.

      With a more permissive license, i.e., non-GPL, the public is entitled to build upon your work and any deritive work released to the public (with source). The primary difference (before V3) is that the GPL forces every developer that distribute derivative works to also make their source code freely available.

      My points are:

      1) Many works distributed under artistic/public domain type licenses are distributed without substantial improvements being robbed from the public. The practical difference to public domain end-users and public-domain oriented developers quite is small.

      2) GPL's marginal difference is only a relative one. In other words, it may assure that 100% of the improvements are released back to the public (instead of, say, 80%), but the GPL's requirements also prevent many improvements from being made in the first place because many businesses and individuals cannot even cover their development costs as a consequence of its provisions. It may well be that it actually enjoys fewer public domain contributions in absolute terms than more permissive licenses.

      3) The GPL is not just the removal of downstream copyright rights. Such a license may be better described as "all derivatives must be freeware/copyright-free" instead of "everything must be opensource"

      4) GPL version 3 is a major departure from its prior two versions. It is now actually prescribing what kind of derivative software may be written, how its end-users might use it ("privacy"), and even how that software must be written.

      Similarly, the term 'copyright' sounds like it might be a human right because it has the word 'right' in it, however it is not a right, but a state granted privilege.

      The same argument can be made for property rights, privacy rights, and other "human rights".

      The term 'social contract' sounds like it might be a contract, because it has the word 'contract' in it, however simply because some scholars use it to describe copyright does not actually make copyright a contract.

      I don't wish to argue semantics endlessly. However, you should consider that the producers, at the very least, are following precisely this contract. They are creating with the express understanding that they will control their work and thus be able to make money. Likewise, the purchasers or users do not have to use it if they aren't given the "rights" they like.

      Copyright remains a state granted monopoly to publishers

      Wrong. The right is not granted to publishers and has not for a long time. The right is granted to the authors (for 200-300 years in US and England) and the authors can and do, in some cases, assign their rights to others.

      "and since we're all now publishers this has the effect of suspending the public's liberty."

      We can all theoretically forge currency too. Just because we can doesn't make it a liberty. Nor does it mean it is right for society.

      Human rights are not granted or created by the state, but protected by the state.

      This is a semantic argument, but there is considerable disagreement about human rights amongst civilized nations even. For instance, "privacy" is a very nebulous and much contested term.

      The point about a contract is that it is willingly agreed to.

      You do have a choice. You don't have to buy or download a copyrighted work if you don't like

  73. The reverse may be true.... by FallLine · · Score: 1

    I believe that changing licenses on users midstream is the greater threat to users and, perhaps, to the movement itself (by alienating its users). Rather than re-typing or pasting everything again, you can read my prior comment on this article.

    1. Re:The reverse may be true.... by mpapet · · Score: 1

      I believe that changing licenses on users midstream is the greater threat to users

      Depends on what you define as a threat. Changing licenses happens all of the time in the proprietary software world and with negligible effect. A perfect example is the WMP11 "upgrade" where the end-user gives away many rights.

      Going from V2 to V3 is an administrative headache for big GPL projects with many contributors should they decide to go down that path and probably create a few issues for projects that switch to v3.

      I don't see any end-users throwing up their hands and not installing GPLv3 software because they object to v3 terms and conditions. It's a given at this point that nearly every end-user simply clicks through most licenses with no consideration given.

      --
      http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  74. Re:Hoopla! by Anonymous Coward · · Score: 0

    Well said, and it applies to the law in general.

  75. Re: Agendas by frogstar_robot · · Score: 1

    GPLv3 does not prevent hardware warranty verification. If the unit throws up some kind of prominent notice upon modified software being installed (provided the owner of the device can still do so.) that the warranty is no longer under effect then the GPLv3 doesn't prevent that. In short, you can still still use hardware verification as a justification to not offer support but don't tell me what I can run on the hardware. Stallman has explicitly that the GPLv3 will not prevent such verification. The GPLv2 relied on an implicit assumption that the user could at run (or attempt to run) modified software. Since games are being played with hardware to prevent modified v2 software from running, the implicit assumption had to be made explicit.

  76. Re:Hoopla! by killjoe · · Score: 1

    "I mean a lot of people I spoke with seem to have the perception of the FOSS movement as a group of pedants and sticklers for the letter of the law"

    Oh yes and the business world never are sticklers for the law. I hear they don't even hire lawyers!

    --
    evil is as evil does
  77. Re: Agendas by killjoe · · Score: 1

    They can simply void the battery if you modify the code. That's the case with most hardware these days, if you open the case the warranty is void.

    Thanks for sticking up for them though, I am sure they are grateful, they can now cut down on their PR budget now that you are on the case.

    --
    evil is as evil does
  78. Forced? by fishbowl · · Score: 1

    How would anyone be *forced* to use the GPLv3? There was nothing wrong with the original GPL, and there is nothing to stop someone from using it. There is certainly nothing to force a person to change his license from the original GPL to anything else.

    --
    -fb Everything not expressly forbidden is now mandatory.
  79. Re:GPL change is RISKY for companies and individua by killjoe · · Score: 1

    Well open source in and of itself is a radical thing. I for one am proud of it's radical heritage and it's radical future.

    On another note your irritation is a powerful testemant to the power of open source and to the quality of the GPLed code on the market. Open source was intended to prevent you (proprietary software developer) form locking me (the people who use the software) out of the source code. It's designed to help me first and foremost and the fact that you are pissed at it means it's working.

    I presume you know that if you write your own software then the GPL does not effect you are all but the good quality GPLed code out there is calling you like a siren. Taunting you by showing you how feeble your efforts are compared to it. Tempting you to steal it instead of writing your own code and then frustrating you by making you play nice if you decide to use it.

    Your post is a powerful testimony for how great and effective the GPL is. Thanks for that.

    "How is one to know what the future brings in the land of open source -- especially when the stated goals (even if not the current licensing terms) of many is to eliminate the ownership of almost any idea?"

    How is one to know that your goals are not to rape nine year old girls in the ass while stuffing their face full of your freshly extruded excrement? There is no way to know the future is there?

    --
    evil is as evil does
  80. I disagree -- and the issue matters to me by FallLine · · Score: 2, Informative
    Somehow, when a company capitalizes on the "commercial" confusion, it doesn't surprise me at all that they would make this "error" (I don't think it's accidental, I mean to suggest they are faking a confusion, as in the "commercial" term, in order to forbid anyone from making a GPL V3 fork of MySQL)

    The "commercial" term "confusion" they capitalize upon make many think that in order to make a commercial application they would have to get the proprietary version of MySQL.

    That, of course, makes no sense at all. The FSF explains it very succintly, and David Wheeler quite recently explained it in a very detailed manner.
    I disagree. MySQL's information on their licensing is actually pretty clear. They state that "commercial" refers to the ability not to have to contend with the restrictions that the GPL (v2+) imposes and gives you MySQL provided support. While they may not explicitly state that one might actually create a commercial product around MySQL without the commercial license (and thus be compelled to release under the GPL), their explanation does not make it seem like this could not be true either. Most people with commercial intentions, that is to say businesses which are not already familiar with the GPL's restrictions, do not expect to use the GPL-compatible business models (e.g., release code and pray to make money in support) and those that know what it is or believe in it, I would argue, would understand the rights and limitions bestowed upon them by GPL itself before they even talk to MySQL. What's more, I don't believe that the FSF's explanation is any more clear or concise. The use of the word "commercial" to refer to a GPL-licensed product should at least come with a major caveat as it is near-impossible to sell more than the first copy of the product itself under GPL (under terms that is likely to be acceptable to Stallman and his cohorts)--thus the term commercial is perhaps best applied to the service offering itself.

    In any event, you can read my longer post on this article (a related topic).
  81. Re:We're going to have to do this with Adium as we by sbrown123 · · Score: 0, Flamebait

    I agree with you. Don't mind the astroturfing RMS losers religious crusade. I'm hoping for a GPL that avoids the silly v3 agenda, puts RMS in his place, and gets back to what makes the GPL great.

  82. Re:Hoopla! by mungtor · · Score: 1

    Yeah, selling support on other people's work. That isn't nearly the same as selling a product.

  83. Re:Hoopla! by mungtor · · Score: 1

    "No. I'm still going to release everything I do under the GPL, just to annoy BSD fanboys like you."

    I'm not a BSD fanboy, even though it's a better license. Just think of me more as a GPL hater.

    "Using the GPL doesn't stop this happening as such, but it does place me back on a level playing field with whoever else is commercialising my software."

    So, basically the GPL is a big warning to anybody looking to commercialize software that "look out, anybody else can come along an fork this out from under you"?? That's a great incentive.

  84. Zealot by FallLine · · Score: 1
    Well open source in and of itself is a radical thing. I for one am proud of it's radical heritage and it's radical future.
    Linus Torvalds and others, who have arguably done the most in practical terms to promote openness, do not necessarily share this radical view.

    Open source was intended to prevent you (proprietary software developer) form locking me (the people who use the software) out of the source code. It's designed to help me first and foremost and the fact that you are pissed at it means it's working.
    Again, many of its contributors may not share this same idea. If I create a closed-source application that merely links to a GPL library (not modifies it) so that I can interface with the platform, I fail to see how you can argue that I am "taking" code from you. This philosophy is a little contradictory to say the least. Furthermore, the point is that this was not part of GPL v1 -- so where is the "design"? Where is the document that I can read? What if the next part of the "design" is that any data contained within an GPL database must also be disclosed?

    On another note your irritation is a powerful testemant to the power of open source and to the quality of the GPLed code on the market.
    It is testament to the fact that reasonable people, such as myself, see the value in sharing some code (like in the case of Linux and other such common platforms). In this specific instance, the attraction is not to have to write my own data storage engine. MySQL was attractive because: of its nominal price, the (falsely) perceived stability (of the project/on-going support), and potentially its future scalability (long term plans). [Not because it is the best product on the market for technical merits -- MSSQL and Oracle are superior in many ways]. However, the actual price imposed on me as a developer, due to future threats imposed by zealots like yourself (if MySQL shows signs of caving at least), will likely force me to choose Postgresql or a commercial engine -- which, at the end of the day, are likely to be appreciably superior. And, as a side note, I will likely avoid making any GPL code contributions in the future, in favor of artistic-style licenses or just keeping it closed, as the GPL crowd is turning increasingly radical and away from pragmatic concerns. If I make a contribution under a particular licensing scheme, I want that licensing scheme to remain largely the same or, at the very least, evolve in a predictable and pragmatic direction.

    This issue is much broader than just my rights as a developer with commercial interests. When opensource zealots can't restrain themselves from muddling with the licensing of existing and critical projects. Even if these purges just limit themselves to anything directly relating to copyright, patents, trade-secret, etc -- many more people, companies, and applications may find themselves at the other end of this unpredictable and constantly changing license.

    Caveat Emptor.... or, as saying goes (paraphrased)...

    "First they came for them, then they came for me"
    1. Re:Zealot by killjoe · · Score: 1

      "Linus Torvalds and others, who have arguably done the most in practical terms to promote openness, do not necessarily share this radical view."

      That's true. Many people don't. Radical ideas are not usually embraced by the masses till they become mainstream. What's amusing to me is that linus still doesn't get it even after he got humiliated by bitkeeper. Well maybe he gets it a little because he released git under the GPL.

      "Again, many of its contributors may not share this same idea. "

      Why would they contribute under the GPL if they didn't agree?

      "If I create a closed-source application that merely links to a GPL library (not modifies it) so that I can interface with the platform, I fail to see how you can argue that I am "taking" code from you."

      I don't think anybody cares what you think. The important thing is what the authors of the code think. The authors of that code decided that there are conditions if you want to link to their code. That's their right. Who are you to tell them otherwise?

      I don't see why you have to link to their code anyway. Just write your own code.

      "This philosophy is a little contradictory to say the least."

      It's not to me. Maybe you are confused by it or don't really understand it.

      "It is testament to the fact that reasonable people, such as myself, see the value in sharing some code (like in the case of Linux and other such common platforms). In this specific instance, the attraction is not to have to write my own data storage engine."

      The reason you don't want to write your own is that nothing you write will be able to compete with mysql. You know this so you want to use their code but you don't want to play by their rules. You just wish they would let you use their code any way you want and you are frustrated when you realize that they are not going to work for you for free.

      But hey don't feel bad. Just use the postgres code or the sqlite code. Both are under very liberal licenses and the authors of those projects don't mind working for you for free.

      "MSSQL and Oracle are superior in many ways"

      Why don't you use their code instead? I am sure oracle and mssql will let you use their code if you just ask.

      "However, the actual price imposed on me as a developer, due to future threats imposed by zealots like yourself (if MySQL shows signs of caving at least), will likely force me to choose Postgresql or a commercial engine -- which, at the end of the day, are likely to be appreciably superior."

      Again that was the whole point of the GPL. The whole point of the GPL was to force you to use postgres or sqlite or something else. The people who wrote GPLed code don't want people like you to use their code without contributing back to the commons.

      "nd, as a side note, I will likely avoid making any GPL code contributions in the future, in favor of artistic-style licenses or just keeping it closed, as the GPL crowd is turning increasingly radical and away from pragmatic concerns. If I make a contribution under a particular licensing scheme, I want that licensing scheme to remain largely the same or, at the very least, evolve in a predictable and pragmatic direction."

      Although I am devastated at your choice not to contribute the GPL (and I am sure many people at the FSF will fall on their knees and cry when they hear this) I recognize that it's a free country (kind of) and you have the choice to release your code under any license you wish.

      "This issue is much broader than just my rights as a developer with commercial interests. "

      Yes it is. Much much broader.

      "When opensource zealots can't restrain themselves from muddling with the licensing of existing and critical projects. Even if these purges just limit themselves to anything directly relating to copyright, patents, trade-secret, etc -- many more people, companies, and applications may find themselves at the other end of this unpredictable and constantly changing license."

      All proprietary software comes

      --
      evil is as evil does
    2. Re:Zealot by FallLine · · Score: 1

      That's true. Many people don't. Radical ideas are not usually embraced by the masses till they become mainstream. What's amusing to me is that linus still doesn't get it even after he got humiliated by bitkeeper. Well maybe he gets it a little because he released git under the GPL.

      Any fringe group can make such a claim. I'd hardly describe Linus Torvalds and most productive kernel developers to be merely amongst the middle of the herd of the population. They have been aware of the arguments for a long time. They simply disagree. I'd argue that they're more savvy and pragmatic; it is mainly only the zealots that don't have better things to do, like actually contributing lots of code, that worry about extending the GPL even further. It seems to me that most of the key developers on the most important GPL projects are also the least likely to agree with these GPL extensions (more than just Linux kernel developers)

      Why would they contribute under the GPL if they didn't agree?

      Several reasons:

      1) They may have signed up for completely pragmatic reasons. In other words, they found the existing code or platform (Linux, MySQL, etc) to offer enough value to accept to requirements imposed by the GPL at the time they made their initial decision and/or on the date of their last contribution.

      2) They may have started on a GPL project because they agreed with the existing requirements of the existing GPL license for their specific project. For instance, Linus may have felt that getting back any code modifications to the kernel important, given the fundamental nature of operating systems, to be important enough to justify its impositions. That does not mean, however, that he agrees with the extremist direction Stallman and others are trying to take it in. He does, in fact, disagree with trying to place any limits on the freedom of the end-user as the GPL v3 is trying to do.

      3) They may have been essentially forced into it. If I develop an (open source) application that depends on another set of code that was developed under a different license (e.g., artistic) when I made the choice, I may be essentially forced to adopt the new license (GPL v2) to get the updates I need (or try to maintain it alone). Likewise, one project switching to GPL v3 may force anything associated with it to as well.

      4) They may simply have been ignorant of the recent changes in the GPL or they may have inadvertantly included (new) GPL (v X) code in and thus been compelled to go along. This is becoming increasingly likely as Stallman seems to be wanting to make more and more changes to the licensing and re-defining what is and is-not compatible. Linux may not adopt the GPL v3, but if some modules are included with that license, it starts to become a burden on the user to keep track of all the different licenses and their implications.

      The reason you don't want to write your own is that nothing you write will be able to compete with mysql. You know this so you want to use their code but you don't want to play by their rules. You just wish they would let you use their code any way you want and you are frustrated when you realize that they are not going to work for you for free.

      The point is not that I can't accept "the rules". I accept in principle that someone can set whatever rules they want on their own copyrighted work. The problem I have is that I may make commitments based on Version X of "the rules" with the understanding that this is the basic framework underwhich everyone has agreed to operate, only to find out later that Version X+1 (or +10) is so extreme that I'm screwed. What's more, I may make contributions based on Version X with the tacit understanding that the community is in fundamental agreement and will move along accordingly, only to find that now some zealot has modified my c

    3. Re:Zealot by killjoe · · Score: 1

      "The problem I have is that I may make commitments based on Version X of "the rules" with the understanding that this is the basic framework underwhich everyone has agreed to operate, only to find out later that Version X+1 (or +10) is so extreme that I'm screwed."

      If that's the case then you are erecting a straw man. The license says GPLV2 OR (again OR, OR, OR, OR) later. If you wrote or used code under V2 then you can continue to do so.

      "I'm not sure you understand. I'm only looking to use the database. Linking to client-library code does not exactly make it a derivative work -- there are, after all, applications that connect to dozens of different database vendor offerings with just a few lines of code... are they all derivative works?"

      OK then why don't you ask microsoft or oracle for their access libraries so you can link to them from your code. I am sure they won't mind.

      "Says who? If it's not in "the rules", then it is not "the point" (unless you want to argue that everyone should just take the most extreme version of Stallman's point of view and extropolate that anything GPL'd is likely to go this way)."

      Says the GPL. It's a license. Read it, obey it, and you will be fine. If you choose not to accept the license then write your own code. Honestly I don't see the point of all this whining.

      "What if Apache adopted GPL v10 which declared that any software making TCP/IP connections to it (thereby "using" the software) must not only be open source but actually be running GPL v10 (Oh, and by the way, you can't play mp3 or any such proprietary tech within)? The GPL is expressly now deviating away from more than just the sharing of code, but into actual usage...and god knows where else."

      What if you decided to rape nine year girls in the ass while force feeing them your shit?

      "My freedom to choose when and how I contribute back does not mean that I, in fact, will not contribute back. I may very well use one and send back patches even though I don't have to."

      Ok then. Either way that's your right. The authors of those projects don't care if you contribute or not. Just use their code and be happy.

      "They reserve the right, yes. But most don't make arbitrary changes and those that do send signals that they are not to be trusted in the future (which is exactly what I'm suggesting RMS is doing)."

      Bullshit. How many times has the license for MS media player has been updated in the last five years? I'll give you a clue every update and some service packs.

      "I'd say it's changing at an accelerating rate and getting increasingly radical with each iteration."

      I suppose you are entitled to your opinion.

      "I would not be surprised if many open source projects are ultimately damaged seriously by this interference or if Stallman et. al are not just widely discreted and rejected outright in the future."

      I would but again you are entitled to your opinion.

      "The camp that agreed with GPL v1 may quickly get fractured into incompatible and increasingly divergent groups. "

      Didn't happen with V2 probably won't happen with V3.

      "Whatever strength open source has is in a set of shared resources (the OS, compiler, database, various libraries, etc that are all compatible and readily available) -- if that pool becomes sufficiently fractured the entire group may suffer."

      Or maybe not.

      --
      evil is as evil does
    4. Re:Zealot by FallLine · · Score: 1
      If that's the case then you are erecting a straw man. The license says GPLV2 OR (again OR, OR, OR, OR) later. If you wrote or used code under V2 then you can continue to do so.
      What major projects under the GPL say "or later"? The linux kernel does NOT .

      If I take a project under GPL v2 which does not say "or later" and make a (major) contribution under GPL v2 without saying "or later", you do not have the legal right to incorporate my changes into a GPL v3 project (or any version other than v2) without my permission.

      What does "or later" even mean? Does it mean anything Stallman says it does? Is he even restricted by those things that might violate the prior version of the license? If he is just restricted to those things, do you have any idea how much further he can legally go? Why cede so much authority to any one person (especially someone whose agenda is far-out idealistic and not pragmatic)? If you want to say this is merely the "FSF", not RMS personally, I'm not so sure it matters (and RMS may be able to simply restructure the FSF at his will).

      Bullshit. How many times has the license for MS media player has been updated in the last five years? I'll give you a clue every update and some service packs.
      If the users don't care, then it's really not an issue. That said, I think you're exxagerating. What's more, any license changes associated with automatic updates would almost certainly be legally unenforcable if the user did not consent to the change (even many terms of shrinkwrap licenses can be considered unenforcable).

      What if you decided to rape nine year girls in the ass while force feeing them your shit?
      You obviously have sexual and emotional issues to resolve as you keep on repeating this.

      You also seem to be unable to answer my question as you keep on avoiding it. About the only restriction the FSF puts on "or later" GPL changes is that it "will be similar in spirit to the present version, but may differ in detail to address new problems or concerns." This, however, is awefully vague in practice (especially for those that merely stumble upon the license and do not RMS' absurd philosophy) and gives a great deal of presumed (though not necessarily enforcable) leeway to the FSF. Almost everything they say about the spirit of the license relates to software and especially the freedom of the user to use the code however they wish as long as they disclose it. Trying to limit how other people use other non-derivative software programs, patents, encryption, DRM, and more simply does not follow from any reasonable reading of the GPL. Since Stallman violates a reasonable reading and fails to really clarify what the "spirit" of the license is exactly -- I would simply never trust him and thus any project that doesn't practically restrict itself to GPL v2 (none of this "or later" crap).

      If you wrote or used code under V2 then you can continue to do so.
      To come back to my original point: While this may be technically true, it is not always true in practice. If, say, Linux were to suddenly go to V3 tomorrow (presuming every copyright holder signed off on this), this would mean that the burden would suddenly fall on me to fix every problem in the old code independently (or pray for a group of like-minded people). This is a real risk if these sorts of changes are allowed. If you make commitments to an open source project or platform, you are not just dependent on the conditions of the current code, but also on future support. Thus you may be essentially compelled to accept terms you disagree with.
    5. Re:Zealot by killjoe · · Score: 1

      "What major projects under the GPL say "or later"? The linux kernel does NOT ."

      Many do, some don't.

      "If I take a project under GPL v2 which does not say "or later" and make a (major) contribution under GPL v2 without saying "or later", you do not have the legal right to incorporate my changes into a GPL v3 project (or any version other than v2) without my permission."

      That's right. Under our laws whoever writes the code gets to say how it's used.

      "What does "or later" even mean? Does it mean anything Stallman says it does?"

      No. Why would you think that?

      "Is he even restricted by those things that might violate the prior version of the license?"

      He is subject to the same copyright laws all other human beings are. Why do you get confused by this?

      "If he is just restricted to those things, do you have any idea how much further he can legally go? "

      He is subject to the same copyright laws all other human beings are.

      "Why cede so much authority to any one person (especially someone whose agenda is far-out idealistic and not pragmatic)? "

      Who says you have to?

      "If you want to say this is merely the "FSF", not RMS personally, I'm not so sure it matters (and RMS may be able to simply restructure the FSF at his will)."

      Or he may not.

      "You obviously have sexual and emotional issues to resolve as you keep on repeating this."

      If you get to make up goofy evil shit you think people will do I also get to the same thing.

      "To come back to my original point: While this may be technically true, it is not always true in practice."

      Oh I can't wait for this....

      "If, say, Linux were to suddenly go to V3 tomorrow (presuming every copyright holder signed off on this), this would mean that the burden would suddenly fall on me to fix every problem in the old code independently (or pray for a group of like-minded people)."

      If you were to suddenly rape a nine year old girl.... Ok never mind.

      Your beef is not with the GPL. It's with the copyright law which states that people who write code get to determine how other people use it. If linus and his buddies decide to change their license then they can. There is nothing you or anybody else can do about it. They could close the code up completely if they want. Sorry but you don't get to tell them what to do with their code.

      "If you make commitments to an open source project or platform, you are not just dependent on the conditions of the current code, but also on future support. Thus you may be essentially compelled to accept terms you disagree with."

      Nope. You never have to accept any license. If you accept it then it must have been because you get something from the deal. It says so right in the GPL. You don't have to accept this license.

      Honestly after all this conversation we finally get to the point. You are pissed because people who write the code get to decide how that code is used and you don't like their decisions. Well though shit. I have no sympathy for your predicament. I will however give you one piece of advice.

      WRITE YOUR OWN DAMNDED CODE. That way you can stay far away from the evil RMS and the evil FSF and the evil GPL and the evil open source developers.

      --
      evil is as evil does
    6. Re:Zealot by FallLine · · Score: 1

      No. Why would you think that?

      If you participate in an "or later" project, then you are ceding control to the FSF which, for all we know, may well come down to anything Stallman says goes. For instance, GPL v4 could say that the only people that may enjoy the modifications to this code are people that have signed the "Anti-Ownership Pledge" or some other craziness.

      That's right. Under our laws whoever writes the code gets to say how it's used.

      Not according to some open source zealots who believe that any GPL project, especially Linux, was automatically "or later" even though it said no such thing.

      He is subject to the same copyright laws all other human beings are.

      No, the FSF and only the FSF can re-write the GPL. The only limits they place on themselves are vague at best and any anyone that places their code under such vague terms is taking considerable risk.

      If you get to make up goofy evil shit you think people will do I also get to the same thing.

      How is it "goofy evil shit"? The GPL v2 restricted itself to "I share my code and if you use my code, you share your changes". The GPL v3 has crossed into entirely new territory by trying to define the very rights of its end-users (patents, privacy, etc) and DRM. If it's crossing into new territory, what boundries does it have? "The spirit" of the license seems to mean anything Stallman says it does.

      Your beef is not with the GPL. It's with the copyright law which states that people who write code get to determine how other people use it.

      Wrong. I recognize the legal authority for them to do this precisely because I believe so strongly in copyright. That, however, does not mean that anything they do with those rights is good for society or even good for their stated aims.

      Nope. You never have to accept any license. If you accept it then it must have been because you get something from the deal. It says so right in the GPL. You don't have to accept this license.

      I don't disagree. It is fair when the user has a choice to agree to a set of terms or not use it at all. This, however, is very ironic and hypocritical coming from people that disagree with DRM rights, Tivoization, DCMA, and even copyright itself.

      Honestly after all this conversation we finally get to the point. You are pissed because people who write the code get to decide how that code is used and you don't like their decisions.

      Sigh, you still don't get it. The GPL appeals to people to reject the hording of source code and rights in favor of the open source concept of community, that everyone works towards the same goal of code sharing and a reasonably well understood set of rules. The zealots in the community, a relative minority, have changed those terms several times on people who have already adopted and made contributions, without the contributors and end-users appreciating that they can pull the rug out from under them like that. Many people have been burned by this and, I suspect, many more will with GPL v3 and its coming craziness.

      It may be their legal right (although co-opting code without permission is definitely not), but that does not mean that people should not be wary of zealots that would or legal rights that empower them to do that. If Microsoft were to suddenly withdraw all support/patches for Windows XP tomorrow to compel people to go with Vista that would probably be legal and even "their right" (unless they made legal commitments to maintain support) but consumers would be justified to avoid them in the future and be wary that they may exercise such rights. What Stallman and his zealots are doing isn't that dissimilar.

      I'm not the only one that feels this way, even the

    7. Re:Zealot by killjoe · · Score: 1

      "If you participate in an "or later" project, then you are ceding control to the FSF which, for all we know, may well come down to anything Stallman says goes. For instance, GPL v4 could say that the only people that may enjoy the modifications to this code are people that have signed the "Anti-Ownership Pledge" or some other craziness."

      It could say that. It could also say the you have rape nine year old girls in the ass. Both are equally possible.

      If it does say that and you don't want to rape nine year old girls in the ass then you keep using under the V2 license. See how simple that is? It gives the user the choice.

      "Not according to some open source zealots who believe that any GPL project, especially Linux, was automatically "or later" even though it said no such thing."

      Some? Name three with links please.

      "No, the FSF and only the FSF can re-write the GPL. The only limits they place on themselves are vague at best and any anyone that places their code under such vague terms is taking considerable risk."

      Anybody can write any license they want and release their code under that license. If the FSF re-writes the license then you can continue to use the GPL2 code you already have. They can't effect your rights retroactively.

      "That, however, does not mean that anything they do with those rights is good for society or even good for their stated aims."

      That's your opinion and frankly by now it's clear to me that it's not worth a shit.

      "The GPL appeals to people to reject the hording of source code and rights in favor of the open source concept of community, that everyone works towards the same goal of code sharing and a reasonably well understood set of rules. The zealots in the community, a relative minority, have changed those terms several times on people who have already adopted and made contributions, without the contributors and end-users appreciating that they can pull the rug out from under them like that."

      No they have not. It's clear that you have no idea what has been done, why it's been done and what the consequences are.

      I repeat. Anybody who is using any code under the V2 license is allowed to continue using that code for ever under the V2 license.

      "It may be their legal right (although co-opting code without permission is definitely not),"

      Who has co opted whose code without permission. I want you to name a specific person and specific code base including the version.

      Put up or shut up time.

      "What Stallman and his zealots are doing isn't that dissimilar."

      It's very dissimilar. But if you are so freaked about it then I would reccomed you WRITE YOUR OWN DAMNED CODE.

      "I do. Please point me to where I can find your GPL'd code. OH, you don't have any? No surprise there."

      If you don't use the GPLed code then why are you whining?

      --
      evil is as evil does
  85. 'able to obtain'? by The+Monster · · Score: 2, Interesting
    Now Tivo comes along and takes your software and with a legal trick circumvents your license, making sure nobody is actually able to obtain Tivo's modifications to your software.
    Every bit of Tivo's source code is available, and anyone who wants to use it can use the software. You are completely free to use that software on any hardware that will run it. They've built hardware with PROM bootstrap that refuses to execute a kernel that isn't signed by a Tivo key. There are very good reasons why a company might want to do that. First of all is to be able to void any warranty they provide for the hardware, and support services for users, should an unofficial kernel be used.

    I'd like to see the Tivo guys put a sticker somewhere inside the unit that says 'warranty void if removed', and under that sticker have a one-way switching mechanism that a user could engage to accept the responsibility for running unauthorized kernels, which would disengage that feature of the 'BIOS'. The absence of such an opt-out mechanism is probably a deal-breaker for many potential buyers.

    So use Myth TV instead. You can even contribute some of Tivo's modifications to the project if you like.

    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

    1. Re:'able to obtain'? by Anonymous Coward · · Score: 0

      Every bit of Tivo's source code is available, and anyone who wants to use it can use the software.

      But they can't run it on the intended hardware. That is a violation of the "Freedom to run the software", one of the freedoms that the GPLv2 (and probably even GPLv1) was made to protect. It is clearly against the intent of the GPLv2, and - depending on who you ask - also against the wording. The GPLv2 DOES require build scripts needed to make the software runnable. AFAIK, no judge has ever said that does not include the keys to sign it so that the hardware will actually run the program, only Tivos lawyers claim that.

      In short: It may not even be a hole in the license, as that part has not been tested in court, but the FSF has still decided that that part needs to be clarified so that even Tivos lawyers understand what it means.

      For those of us who have read the GPLv2, there is no doubt that what Tivo does is against the license. If Tivo had taken my software, I would be pretty p*ssed too. However, lawyers have this thing with words, if anything is unclear, and can be deliberately misunderstood, they will.
      That's why a clarification is needed - so that even lawyers can understand the license.

    2. Re:'able to obtain'? by Jamesday · · Score: 1

      Freedom doesn't have to be easy: it certainly isn't if you're a typical home user and want to modify Linux. But if you're keen enough and capable enough, you can learn and do it.

      If you don't like it, write your own PROM bootstrap code and use that instead of the one they supply. Or do a more complete job and replace the hardware itself. I assume that the bootstrap code isn't GPL licensed and that it's entirely free to do whatever they want it to do. So is any replacement you write. So long as you make your hardware compatible, I trust that the GPL software will run. If you think this is hard, see how the definition of IBM-compatible PC arrived and why PC no longer means IBM PC.

  86. Re:We're going to have to do this with Adium as we by hritcu · · Score: 1
    We're going to have to do this with Adium as well.
    You might want to do this, and it's your choice, but you do have the choice, you do not have to do this. Your contributors submitted you code under "GPLv2 or later", so explicitly or more likely implicitly they agreed with this formulation. Sure, this formulation allows you to start releasing the whole application under GPLv2 only. At the same time it also allows somebody who can identify a "GPLv2 or later" piece of code to distribute it, even fork the current version of Adium under GPLv3, you cannot stop this.

    We are unable to contact some contributors to get their ok on using GPLv3 [...]
    You don't have to contact anyone as long as you don't change the clause from "GPLv2 or later". So I must understand that you don't like the "or later" clause, and it has nothing to do with what the commiters you cannot contact maybe had in mind. This is certainly understandable (after all Linus had the same fears you have now) and you can surely do it. It's your choice.

    Personally, I would advise you to look thoroughly at the draft of GPLv3 and see whether you really wouldn't like your code to fall under that license too (via the "GPLv2 or later" clause you already have). This first because GPLv3 if just a bug-fixed version of GPLv2 so many consider it better. Second, because you are not in the same position as MySQL, and don't have all the options they have. MySQL is owning the copyright for the code, directly or indirectly (via copyright waiving), so they can change their license any day of the week without any legal trouble. On the other hand, once you decide to go "GPLv2 only", if afterwards you don't ask all your commiters to wave copyright you are basically stuck with "GPLv2 only" FOREVER. This is basically what Linus did for Linux a long time ago and many people currently think that it was a mistake (even more if OpenSolaris ever gets released under the GPLv3 and gets full support from the FSF and large distributions like Debian). The "or later" clause provides more flexibility, more choice, in situations like yours (that's why it was devised in the first place, to stimulate choice not to inhibit it), but if you if you are willing to give away this flexibility for the sake of having ONE license, then at least read the GPLv3 and make sure you don't like it more than GPLv2. This because going "GPLv3 only" is also an option you will soon have.
    --
    If you don't fail at least 90 percent of the time, you're not aiming high enough. (Alan Kay)
  87. GPLv3 in a nutshell by MS-06FZ · · Score: 2, Informative

    If I write a kernel driver and it gets incorporated into the official Linux source tree, and I don't explicitly release copyright of it to the Linux kernel project, then they need to talk to me before changing the license on that code. But if I license it under the GPLv2 and allow the clause that the code may be distributed under "any future version of the GPL", then they could switch to GPLv3 without having to get my permission again.

    GPLv3 is considered problematic at this point because of a few things the FSF is trying to do with the new license. They're seeking to prevent people from exploiting GPL code in ways that still manage to lock out user control (Tivo is the typical example - they provide the source for the GPL code they're using, but you can't change the firmware on a Tivo yourself because they have hardware that requires crypto signatures on the installed software) and they're seeking to limit the ways software patents can affect free software. (For instance, you can't write a piece of code, release under the GPL, and restrict people's access to that with software patents. I think they're also looking to prevent people from using a piece of GPL software and simultaneously attacking others' use of it with software patents.) Various people have various problems with these clauses - and while I appreciate what they're trying to accomplish I'm not sure it's entirely a good thing, either.

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
  88. "Quietly" changed the license? by MBoffin · · Score: 0, Redundant

    How is posting to a public blog on the Internet "quiet"?

    1. Re:"Quietly" changed the license? by Anonymous Coward · · Score: 0

      It's a literary technique used to add intrigue to an otherwise boring article. Calm down.

  89. Re: Agendas by swillden · · Score: 1

    If you want to play those games, turn it around. If the vendor can ensure that all of the airlines that buy the devices do customize the software a little, they can almost completely shield themselves from any software-related liability. Proving that the airlines did so is easy -- just subpoena all of the development records and depose the programmers and the mechanics.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  90. Re:Thank You Speghetti Monster! by Anonymous Coward · · Score: 0

    For the love of God, mod the parent up. It's not flamebait to be critical of RMS. Geez, when is everyone going to stop being sheeple, and actually THINK for theirselves?

  91. No -- they can only REDUCE restrictions by JavaRob · · Score: 1

    You are *assuming* that future versions of the GPL uphold the rights you currently support and avoids overly restrictive requirements you do not support. If I release something as GPLv2 or later, the FSF CANNOT release a later version of the GPL that will further restrict people using my code.

    Everyone who wants to can just continue using it as GPLv2 (it's their choice). We aren't talking about a license that says "under the most recent version of the GPL only" -- I don't think that's even possible.

    On the other hand, a newer version could be *less* restrictive, so people might choose to use my code under GPLv6 if that specifically permits ESP redistribution, or whatever. So there's an element of trust here... but the FSF certainly can't use later licenses to grab more control over already-released code.
  92. Re: Agendas by ray-auch · · Score: 1

    If the unit throws up some kind of prominent notice upon modified software being installed

    Not clear that this is allowed, since it arguably changes the functionality in the same circumstances (same hardware) - which is prohibited.

    Further, if the support/warranty was done via network connection, then such notice of modification is explicitly prohibited - the network support service must not be able to distinguish a modified version.

  93. Re: Agendas by Infernal+Device · · Score: 1

    I think you missed the PP's point - the issue is not whether or not you can install software, it's one of notification. Nothing forces you to disclose the fact that you installed non-vendor software on a vendor-certified system, which is a problem for the vendor.

    --
    "My God...it's full of trolls!"
  94. Only by a VERY narrow reading of "change" by Anonymous Coward · · Score: 0

    The device still works as it should and so in what way has it changed? It now says on bootup "This software has been changed"? Well, what about kernel tainting: if there is a binary module in the kernel/device system, then the kernel will report it has been tainted by non-open code and cannot necessarily be fixed. That is EXACTLY the same process as the one described in the GP.

    And it seems to be GPL compatible...

    1. Re:Only by a VERY narrow reading of "change" by ray-auch · · Score: 1

      If the kernel connected to a network service for support purposes, it could not identify itself as changed / tainted / whatever.

      The GPL (v3 draft - v2 has no problem with this) says quite clearly:

      "it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish"

      Clearly if an untainted kernel was shipped originally, the support comms protocol could not include tainting info as the service at the other end could then distinguish a tainted kernel as modified.

  95. Re:Jumping the Shark - now is the moment. by Anonymous Coward · · Score: 1, Insightful

    Fork because you have to FTP the very latest releases? Bit drastic, don't you think?


    No; we all know what the free software foundation stands for. There has never been any hint that they would in any way interfere with the freedom of software users. Nobody has ever sustained such an allegation against them. That they may interfere with the freedom of software developers, where that is opposition to the freedom of users is a known and clear fact. We know that the primary objection to the GPLv3 is that some developers want to be able to develop restrictive software which makes it difficult to copy information.

    The clear reason MySQL would make this change is because they intend to interfere with my freedom. Making a Fork now and committing it to switch purely to the GPLv3 if they switch to a purely to the GPLv2 is an important strategic move; if we wait until after the GPLv3 is completed, the version we release will be far behind in bug fixes. The point to do it is now.

    Please don't claim MySQL is committed to software freedom or even to Linux. We've already had clear evidence that they are not when they chose to work with SCO at exactly the time when that could only do harm. MySQL is not a company to trust.

  96. Re: Agendas by ray-auch · · Score: 1

    Do you think any airline in their right mind would buy an airplane that they were told they couldn't take apart or fix the software of?

    Yes. Because that is how I understand the industry works (or at least did work when I was last in it, which is a fair few years ago).

    Airlines have to do exactly what the aircraft mfr. says in terms of maintenance. Or they don't fly - legally (at least in the first world).

    They have to use approved parts and procedures, and carry out checks / changes / repairs as the manufacturer specifies. Sometimes the notices come from mfr., sometimes from FAA / CAA etc., but I think they usually just require conformance with the notice from the manufacturer.

    Either way, I am absolutely sure that airlines don't modify flight control software. I'm nervous enough about fly-by-wire on civilian aircraft as it is, but if I thought the airlines were able to modify the software I actually would not fly on that aircraft.


      What happens when the airplane manufacturer goes out of business?


    My understanding is that either:

    a) someone buys the business and continues supporting the aircraft (possibly requiring additional / new FAA/CAA approvals for new business?)
    or:
    b) nobody does

    In case (b), once you run out of mfr. supplied / approved parts etc., your aircraft is grounded. If it happens to be fast, pointy and in fact rather beautiful, then you can probably find it a new home in a museum, but don't expect to get paid much for it.

    That is what happens. That is how the aviation industry works, and that is how it gets to be as safe as it is.

  97. Re: Agendas by ray-auch · · Score: 1

    Ok, forget which application (voting. medical, whatever), please just explain how you do dual-key (SOP for many things) under GPLv3.

    ie. to install the software it has to be signed (showing audit/authorization) by at least two independent key holders.

    AFAICS under GPLv3 the "user" (a single entity) _has_ to be provided with _all_ keys necessary.

    I don't see how you can reconcile this with the dual-key concept.

    If you think I am wrong, please explain exactly how it would work under gplv3.

  98. Part of GNU GPLv2 by unicode · · Score: 0

    I seem to remember reading a clause in v2 that stated if you write "GNU GPLv2" then this explicitly means the license is upgraded to future versions. Anyone care to verify this?

    Thanks.

  99. Re: Agendas by ray-auch · · Score: 1

    Why would an airline allow anyone to install arbitrary, uncertified software on
    mission-critical hardware?


    They wouldn't. The FAA / EASA / whoever would ground them for it.

    And why would the vendor of that hardware have any interest in preventing the airline from installing whatever software they want?


    Because if they allowed it the FAA / EASA / whoever could ground all aircraft of that model.

    Airlines are _not_ allowed to mess around with their aircraft hardware/software as they wish. For good reason.

    Not only may the FAA etc. mandate that only Boeing parts be used on Boeings, but they may (and I believe do) mandate that the Boeing be deliberately designed to make it more difficult (ideally impossible) to use an Airbus part instead.

    The FAA might require the aircraft to only accept FAA-signed (possibly in addition to other keys) flight software, with the argument that the FAA could then ensure the software was that which had gone through flight certification, then I would think that was reasonable and within their remit.

    The aircraft mfr. then would be unable to use GPLv3 for that software - because they obviously cannot give out the FAA key, which their hardware is required to require.

  100. I am confused by dubious_1 · · Score: 1

    Since the GPL V2 stipulates that the code so licensed cannot be licensed under a more restrictive license, and since GPL V3 is a more restrictive license, does this not in and of itself prohibit a project from switching to GPL V3 without the explicit agreement of all contributors?

    1. Re:I am confused by Simetrical · · Score: 1

      No, because it's multilicensed under v2, v3, and any future versions. This is possible because the distribution requirements aren't actually contradictory; you can comply with all of them at once, as follows.

      When creating derivative works, you can choose to license your changes under any number of those licenses. If you license under the GPLv2, you can't add extra requirements . . . but you can give extra options. For instance, you can't say "Anyone can use this under the terms of the GPLv2 for noncommercial use only", because that's an extra restriction. But you could say "Anyone can use this under the terms of the GPLv2, or they can use it under the terms of the GPLv3", since that's no more restrictive (you can still use it under plain GPLv2, you just have extra options).

      But if you multilicense as above, I don't have to release my changes under all the licenses. You said I could use it under the GPLv2, so I could choose to do that and GPLv2 my changes. But you also said I could use it under the GPLv3, so I could do that and GPLv3 my changes. If I do the latter, the GPLv2 is irrelevant -- I'm not using it, so its restrictions don't apply to me.

      --
      MediaWiki developer, Total War Center sysadmin
  101. Re: Agendas by frogstar_robot · · Score: 1

    Nothing forces you to disclose the fact that you installed non-vendor software on a vendor-certified system, which is a problem for the vendor.

    The support contract or warranty conditions can do that. Neither version of the GPL controls the conditions under which warranties can be offered. If the support incident is escalated to an RMA then the vendor can certainly tell what has been installed on the unit. If we're talking phone support, the vendor has numerous options to verify how the system is configured. The GPL does nothing to hinder support contracts. Withdrawal of support does not affect the freedoms the GPL is intended to protect. Vendor support is mostly orthogonal to either version of the GPL. Forgoing GPL protected freedoms for the period of a warranty or support contract is an equitable exchange.
  102. Re:Hoopla! by InsaneGeek · · Score: 1

    Umm... I think he was meaning more that if one GPL's something and charge for support, anybody can take it and redistribute it, and cut the original developer out of the equation if they so choose. Which becomes especially possible if a distribution such as Redhat, Suse, Ubuntu, etc picks it up as they can bundle support for a full suite of applications rather than just a single application and the original developer is left high and dry because he as a lone developer can't possibly compete against a support fleet like those vendors have, even as the writer of the software.

  103. sorry, my fault: i meant add/substract by erlehmann · · Score: 1

    sorry, i meant "you cannot calculate with freedoms" but used the wrong word.
    forgive me.

    the point is: X freedoms are not necessarily more worth than Y freedoms, when X > Y.

  104. Re: Agendas by Rich0 · · Score: 1

    Uh, couldn't somebody else just register a new type of aircraft - a Boeing 737 with 3rd party bolts? And then apply for airworthiness? If they did that, then the 3rd party is now an official original manufacturer (of the modified plane). Viola, no problem for people to use non-Boeing-approved parts.

    I'm all for a requirement of validation of parts in safety-sensitive arenas. However, there are ways of accomplishing this without giving vendors monopoly powers over their parts.

    In any case, people should still be free to modify the firmware on their planes - they just fly them if they do so. If the plane manufacturer doesn't like it they can just avoid using GPL v3 code. Just like Tivo will have to do so in the future if things go the GPL v3 route.

  105. we are expanding *our* options by reducing *yours* by mowa · · Score: 1

    FTFA: MySQL has today refined its licensing scheme from "GPLv2 or later" to "GPLv2 only", in order to make it an option, not an obligation for the company to move to GPLv3.

    FTFA: MySQL has today refined its licensing scheme from "GPLv2 or later" to "GPLv2 only", in order to make it an option, not an obligation for the company to {allow you to} move to GPLv3.

    the un-spun version

  106. Re:Thank You Speghetti Monster! by zuiraM · · Score: 1

    What makes you think I'm more comfortable with FSF/GNU/RMS taking away my freedom than having a commercial entity do the same?

    And how does GPLv3'ing your software protect me from this? If a company that wants to use DRM or whatever cannot use GPL'ed software to do it, they will develop (or buy) proprietary solutions to do the same thing, netting me nothing, and possibly costing me standards compliance.

    As long as the free software remains free to use for anything, including using it for stupid purposes, some marginal control over the process remains with the developers.

    Whatever happened to "Unix is like a gun; if you point it at your foot and pull the trigger, it should effectively and reliably deliver the bullet to its intended target: Mr. Foot"? Just get the job done, and let people decide for themselves if they want to use your software for something stupid or not.

    What's next? "Cannot be used in software directly or indirectly furthering the development, availability and/or deployment of WMDs" would be a tempting target, for instance. Until the day one is required to fragment a stellar object on a collision course. One small step at a time, moving towards one group's definition of "good" and "right". When will they start mandating EULA clauses?

  107. No doubt? by The+Monster · · Score: 1
    For those of us who have read the GPLv2, there is no doubt that what Tivo does is against the license.
    So, Mr. Moglen, have you filed against them yet, or do you think sending a strongly-worded cease-and-desist letter will suffice?
    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

  108. Re:Hoopla! by Anonymous Coward · · Score: 0

    So, basically the GPL is a big warning to anybody looking to commercialize software that "look out, anybody else can come along an fork this out from under you"?? That's a great incentive.

    Oh I'm sorry, I didn't realise it was my job to write software for you to commercialise. How terrible of me. Lets just look at it this way: How much money are companies such as RedHat and MySQL making from selling GPL software, and how much money are companies such as, er...are BSDI still around?

  109. Re:we are expanding our options by reducing yours by MrCopilot · · Score: 1
    That was my take on it as well.

    I cannot make a gplv3 fork from anything but the old code. I think this effort should start immediately.

    Well thought out. Make transitions even more difficult in the community. Brilliant.

    --
    OSGGFG - Open Source Gamers Guide to Free Games
  110. Re: Agendas by Rich0 · · Score: 1

    Simple - you provide the owner of the system both keys.

    If it is voting, give the voting commission both keys.

    Voters don't own the voting machines, therefore voters don't need the keys. And the user doesn't have to be a human entity if the software is distributed to a corporation.

    In the case of aircraft I'd argue that whoever owns the aircraft should be able to do whatever they want with it software-wise. Whether or not they can legally fly it after doing so is a separate issue - and not a matter that the software vendor should be concerned with. Should aircraft maintenance panels have locks that only the vendor can open? It is up to end-users to obey the law if the FAA requires certification of flight control software. If a user wants to install software which is legal for use in flight but which the vendor hasn't blessed, then the user should be able to do so. Perhaps the user wants to fly the plane over Botswana, or maybe the user got an FAA blessing for the software despite vendor non-cooperation.

    In any case, what security does the dual-key concept provide in any of these situations? You don't need both keys to rig the machine - it just makes it a lot easier.

  111. Re: Agendas by Rich0 · · Score: 1

    And what happens if the user wants to use the aircraft in Africa? Why should they need FAA-signed software when the FAA lacks jurisdiction over the end-user?

    The FAA should certainly regulate the skies over America. They should even regulate manufacturing practices for aircraft flown over America. They should not require vendors to lock down their systems so that the whole world is subject to the cost of FAA regulations.

  112. Re:We're going to have to do this with Adium as we by Rich0 · · Score: 1

    Uh, what makes the GPL great? Being just like the BSD license? :)

  113. Re: Agendas by ray-auch · · Score: 1

    And what happens if the user wants to use the aircraft in Africa?

    Most likely they'll mess around with it in unapproved ways until it falls out of the sky. I'm not sure if I was a mfr. that I'd want to make it easier for them to do so, particularly if that meant removing an FAA mandated safety feature.

    They should not require vendors to lock down their systems so that the whole world is subject to the cost of FAA regulations.

    I don't disagree with that. Raises an interesting question though - suppose an FAA-certified aircraft is locked down, but the non-US version isn't, could GPLv3 software then be used ? Which version of the hardware is the "recommended or principal context of use" ?

    Can the aircraft mfr. say that the "recommended or principal context of use" is the international version, which you can modify the software on, but if you want to fly in the US obviously you have to buy the locked down version.

    Is that ok with GPLv3 ?

    If it's not, then the mfr. is still effectively barred from using gplv3 because of the US regs (unless they build solely for non-US market).

    Now suppose **AA makes TIVO lock the hardware down in the US, but they do a Russian "all-of-mp4" model which is unlocked.

    Is that ok with GPLv3 ?

  114. Re: Agendas by ray-auch · · Score: 1

    Simple - you provide the owner of the system both keys.

    Precisely. That is now no longer dual-key (the whole point is that no one ever has both keys) - you just restated my point that GPLv3 prohibits dual-key.

    In any case, what security does the dual-key concept provide in any of these situations? You don't need both keys to rig the machine - it just makes it a lot easier.

    Again, you just restated my point - if (as you say) having both keys makes it a lot easier to rig the machine, then dual key (ie. no one person/entity ever has both keys) makes it a lot less easy to rig the machine. That is the point.

    A typical safety deposit box is dual key (one for you, one for the bank). I can't see how the fact that you don't _need_ both keys to open the box, (eg. a burning bar will probably do it) negates all the reasons why people designed these things to be dual-key.

  115. Re: Agendas by ray-auch · · Score: 1

    Uh, couldn't somebody else just register a new type of aircraft - a Boeing 737 with 3rd party bolts? And then apply for airworthiness?

    Yes, given enough money to burn, this might be possible, however I doubt it could ever be economic given the massive costs of certification.

    I'm all for a requirement of validation of parts in safety-sensitive arenas. However, there are ways of accomplishing this without giving vendors monopoly powers over their parts.

    I'm sure the airlines would love to know your ideas - because the aircraft industry doesn't seem to know how to do it (IMO).

    If the plane manufacturer doesn't like it they can just avoid using GPL v3 code.

    And if the FAA constrains the mfr. to lock down to get certification, then the mfr. is prevented from using GPLv3 code - although they may use, and contribute to, GPLv2 code currently.

    Thus GPLv3 could bar use in a legitimate field of endeavour (because of the regulatory rules in that field) that was not barred under GPLv2.

  116. Re:We're going to have to do this with Adium as we by SETIGuy · · Score: 1
    Umm, yes they did. You have to watch your inclusions here. "v2 only" is a subset of "v2 or later". Also note that the "v2 or later" language is not actually part of the license (or a license type itself); it's just a phrase that is traditionally used to introduce the license in many releases.

    Sorry, I think you're wrong about that.

    GPL requires that the license terms (i.e. "version 2 or (at your option) any later version") be present in the copyright notice. If you don't own the copyright, you aren't allowed to change the licensing terms. Essentially, if people submitted code while the copyright notice read "v2 or later" you are allowed to distribute that code under v2, but you are not allowed to prohibit distribution under v3 or later. You can only do that to code you own.

  117. Re: Agendas by chromatic · · Score: 1
    To me, it is perfectly fine for the company to ensure that the software running on that system is qualified by them, both to help ensure safety and also to limit their own liability.

    To me, they're perfectly within their rights not to redistribute software under my copyright, if they're not willing to abide by my license.

  118. Re:Jumping the Shark - now is the moment. by FishWithAHammer · · Score: 1

    I don't care who they work with. Their software is licensed under a valid open-source license and it does what I need it to do.

    Furthermore--the idea that you can simply take what rms and the FSF say as complete truth and fact is a joke. rms does not care about your freedoms as a developer. He would gladly trample them to make things more free in the way he thinks they should be. He is just another zealot, trying to dictate to others how they should live their lives and conduct their own business. He has done great things--but his "advocacy" is contemptible.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  119. Re: Agendas by Rich0 · · Score: 1

    Thus GPLv3 could bar use in a legitimate field of endeavour (because of the regulatory rules in that field) that was not barred under GPLv2.

    Uh, you could also word that as "Thus the FAA could bar use in a legitimate field of endeavor (because of licensing issues) that is not barred in nations with more flexible regulation." [sic]

    Many regulatory schemes are bad because they regulate the how and not the what. If the goal is aircraft safety then have regulations that promote that end. They shouldn't specify how exactly the end has to be achieved - at least not to the level where they are specifying how to implement firmware.

    If they want certification of every part on an aircraft then say that. Don't say that you also have to go out of your way to keep 3rd parties who are also FAA-regulated from trying to bypass the regulations.

    If somebody wants to break the rules they will - and NO amount of vendor lock-in is going to stop them. All the vendor lock-in does is raise the costs of legitmate use of the equipment.

  120. Re: Agendas by Rich0 · · Score: 1

    Precisely. That is now no longer dual-key (the whole point is that no one ever has both keys) - you just restated my point that GPLv3 prohibits dual-key.

    Uh, the voting commission can still ensure that no single person has both keys, thus accomplishing the goal of a dual-key system.

    And even if GPLv3 was not dual-key compatible, why is that all that important? I can't really think of any applications that really require dual-key approval of software, where the software owner doesn't have both keys. So, if I write some GPLv3 code I won't lose much sleep over the fact that somebody who mistakes buzzwords for security won't be able to use my code without asking me for permission first...

    To use your illustration if there is an electronic voting system I could care less whether it is dual-key, or if the software is easy or hard to tamper with. I want a printout showing how I voted, which becomes an official record of the vote. If that is done I could care less if somebody can flash the firmware since it won't make any difference except to disable the machine (and any voting location should have plenty of manual ballots on hand for any number of reasons).

    And in the scenario of a bank with safety-deposit boxes the GPLv3 wouldn't get in the way at all. Suppose you have a website that requires two keys to retrieve data from it - the GPLv3 doesn't even regulate that at all. It only concerns the ability of the owner of the website to modify their own code, and possibly the ability of users to download the source for the website - not the data stored inside.

  121. Re: Agendas by Rich0 · · Score: 1

    I don't disagree with that. Raises an interesting question though - suppose an FAA-certified aircraft is locked down, but the non-US version isn't, could GPLv3 software then be used ? Which version of the hardware is the "recommended or principal context of use" ?

    I'd imagine that they could incorporate GPLv3 code into the international version, but not the US version.

    Now suppose **AA makes TIVO lock the hardware down in the US, but they do a Russian "all-of-mp4" model which is unlocked.

    Is that ok with GPLv3 ?


    As long as they don't use GPLv3 code in the US version.

    The two versions are two different products, each with its own "recommended or principal context of use".

    The whole point of the GPLv3 is to disallow Tivoization of software, so if any loopholes do arise that allow it I'm sure they'll get closed in v4...