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Gentoo/FreeBSD On Hold Due To Licensing Issues

Alan Trick writes "Flameeyes (a Gentoo/FreeBSD developer) recently came up with some serious problems among the various *BSD projects who use BSD-4 licensed code (which is all of them). Even other projects like Open Darwin may be affected.

The saga started when he discovered the license problems with libkvm and start-stop-daemon. "libkvm is a userspace interface to FreeBSD kernel, and it's licensed under the original BSD license, BSD-4 if you want, the one with the nasty advertising clause." start-stop-daemon links to libkvm, but it's licensed under the GPL which is incompatible with the advertising clause. The good new is that the University of California/Berkley has given people permission to drop the advertising clause. The bad news is that libkvm has code from many other sources and each of them needs to give their permission for the license to be changed.

At the moment, development on the Gentoo/FreeBSD is on hold and the downloads have been removed from the Gentoo mirrors."

144 of 200 comments (clear)

  1. hmmm by macadamia_harold · · Score: 4, Funny

    At the moment, development on the Gentoo/FreeBSD is on hold and the downloads have been removed from the Gentoo mirrors.

    It's almost as if... BSD were dying, or something.

    1. Re:hmmm by baldass_newbie · · Score: 2, Funny

      Fucking hippies.

      --
      The opposite of progress is congress
    2. Re:hmmm by djh101010 · · Score: 1

      Who the heck modded that as flamebait? Tired old in-joke, yes, but hardly flamebait. Sheesh.

    3. Re:hmmm by First+Person · · Score: 4, Informative

      For those who need the (admittedly weak) joke explained, try this.

      --
      Given one hour to live, the student replied: "I'd spend it with professor FP who can make an hour seem like a lifetime."
    4. Re:hmmm by morgan_greywolf · · Score: 1, Funny
      Who the heck modded that as flamebait? Tired old in-joke, yes, but hardly flamebait. Sheesh.


      The pool of moderators consistently has a large number of BSD and Mac OS X users, all of whom reflexively mod down any post containing both the words 'BSD' and 'dying'.

      Which brings me to my next conclusion: the Slashdot moderators are DYING! Netcraft confirms it! Since the moderators run BSD and, clearly, BSD is dying, therefore, the moderators are dying, too!

      *ducking*

    5. Re:hmmm by cadeon · · Score: 1
      Beh, the whole dying thing is blown out of proportion. Percentages lie- I mean look at this:

      FreeBSD is the most endangered of them all, having lost 93% of its core developers.
      What they failed to tell you is that they've only lost 3 developers. . .
    6. Re:hmmm by djh101010 · · Score: 1

      Who the heck modded that as flamebait? Tired old in-joke, yes, but hardly flamebait. Sheesh.


      The pool of moderators consistently has a large number of BSD and Mac OS X users, all of whom reflexively mod down any post containing both the words 'BSD' and 'dying'.

      Hm, Not sure about that. I'm a OSX and *BSD guy for mumble years, get the joke, and would mod it funny rather than anything else. But then again based on your .sig, looks like you are too. Is this the point where I'm just taking a joke post seriously again?
    7. Re:hmmm by SpaceLifeForm · · Score: 1

      So, they still have .3030303030... of a developer left then.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    8. Re:hmmm by cadeon · · Score: 1

      Exactly.

  2. Well... by Aadain2001 · · Score: 5, Interesting

    This is better than getting the lawyers involved. What a great case of the community policing itself and making sure it is following its own rules. It may take a while, but I think this issue will be resolved and the project(s) will move forward.

    --
    Space for rent, inquire within
    1. Re:Well... by SLi · · Score: 1

      I for one am more than happy to see that license issues are being taken seriously in projects other than Debian.

    2. Re:Well... by WgT2 · · Score: 1

      Finally: a piece of sanity from within the comments.

  3. Re:Trouble in paradise by jimicus · · Score: 2, Interesting

    Similar rules exist in the commercial world as well, y'know. Only it's a lot harder to spot breaches of them when all you have available is pre-compiled code.

  4. Re:as an end-user only... by iainl · · Score: 4, Insightful

    Basically, because if you don't give two shits about what the license says, you're better off warezing a copy of Vista and being done with the whole nonsense. It's obeying the license restrictions that makes what you're doing legal.

    --
    "I Know You Are But What Am I?"
  5. I wouldn't be surprised... by MatrixCubed · · Score: 1

    I wouldn't be surprised if other distributions took this opportunity to take some of the spotlight during Gentoo's/FreeBSD's downtime...

  6. whoa, by jrwr00 · · Score: 1

    Wow, this is more common then you think, i have a feeling this will be resolved very soon

  7. But wait a minute... by MarkusQ · · Score: 5, Interesting

    But wait--wasn't the decision to link to libkvm made by the authors of the start-stop-daemon? And aren't they the same ones who decided to release it under the GPL? It would seem to me that people are looking at things the wrong way 'round. Instead of getting wavers for libkvm they should be looking at the start-stop-daemon which has either effectively been dual licensed or has been misused by whoever decided to use libkvm (idf it wasn't the original author(s)).

    --MarkusQ

    1. Re:But wait a minute... by The_Paya · · Score: 2, Informative

      Actually, start-stop-daemon is Public Domain, the problem lies on the 4-Clause BSD license of the whole thing, RTFA and you'll see that there are about a hundred different "mentions" to make regarding advertisement, creating a whole mess for *any* derivative work of FreeBSD, and, perhaps, even for FreeBSD itself.

      More information at: http://en.wikipedia.org/wiki/BSD_Licenses
      And at: http://www.gnu.org/philosophy/bsd.html

      --
      -. wherever you go, there you are .-
    2. Re:But wait a minute... by drmerope · · Score: 4, Informative

      Just so. The anti-4 clause movement began with the FSF. Let me stake out the position that they are not entirely objective on this point. The imfamous clause 3 problem was and has always been a canard.

      What's amazing is that people cite to the FSF propoganda and conclude they've prove their point.

      Well here is the truth of the matter: Clause 3 relates particularly to advertising that discusses the features implemented by the code given in clause 3. What this means is you want to brag about softupdates and softupdates were covered by this imfamous third clause, you would have to say 'as implemented by Kirk...'

      Anyways, this only applies to advertising with sufficient specificity to implicate particular code. Basically if you can trace a feature to 100s of contributors the clause is self-invalidating. No one contribution was responsible for the feature discussed in the advertising, therefore no mention is required.

      The whole topic has been FUD for twenty years. That said, it has been such good FUD that people have actually taken extensive effort to purge the clause from the standard license. Only a few small files retain it today.

      I think DragonflyBSD which is forked from FreeBSD 4.x is 4-clause free.

    3. Re:But wait a minute... by arkanes · · Score: 2, Informative
      It's not FUD - you seem to be claiming that it's a minor requirement and no big deal, which (as far as I know) nobody at the FSF has ever disputed. Not a big deal doesn't mean it's GPL compatible, though.

      But the GPL specifies *no* additional restrictions, advertising clause is an additional restriction, end of story. That's all there is to it - 4 clause BSD license is not GPL compatible.

      The PyDev extensions for Eclipse are distributed under a free license that includes the requirement that you take a deep breath and relax. That's a GPL-incompatible clause. Legal nitpicking is how you keep your house clean.

    4. Re:But wait a minute... by joto · · Score: 1

      the problem lies on the 4-Clause BSD license of the whole thing

      No. The problem lies in the fact that law is difficult, and software developers are not lawyers. Which is why big software houses have their own departments taking care of such issues. Whenever you choose or write a license for your software (instead of just giving it away to the public domain), you are limiting some people from using it and allowing some other people to use it. This may not be exactly the same people as you intended, unless your license is perfect (which nothing is).

    5. Re:But wait a minute... by softweyr · · Score: 1

      DragonFly can't be 4-clause free unless the contacted every developer that committed code to FreeBSD before they forked it and asked for releases. I'm pretty certain this didn't happen, because I was never contacted for my tiny little contributions to libc. NetBSD is probably closer to this than anyone in the BSD world, due to the creation of the NetBSD Foundation and their copyright assignment, and the due diligence that followed the Foundation.

    6. Re:But wait a minute... by l4m3z0r · · Score: 1

      NetBSD is probably closer to this than anyone in the BSD world...

      I don't see how this can possibly be the case since new code generated by NetBSD uses a 4 clause license which includes the advertising clause.

      In other words no, NetBSD is in fact farthest from eliminating the advertising clause...

      Source: http://www.netbsd.org/Goals/redistribution.html#de fault

  8. Re:as an end-user only... by ScentCone · · Score: 5, Insightful

    Anybody want to explain to me why I (as a user only) should care?

    Um, because if stuff like this doesn't get ironed out, then projects like this never get going, and you (the consumer) don't get the product/service. If you don't care about whether it's there as an option, then, right... you shouldn't care.

    Caring about it, philosophically/academically isn't the same as having the wherewithal to be a nuts-and-bolts part of resolving the problem. But if you pretend that this stuff doesn't in any way matter, then you're betraying a pretty simplistic understanding of how "free" stuff comes to exist in the first place. No question that many arguments in the F/OSS universe are of the "how many angels can dance on the head of pin" variety. But whether something is, or isn't within the bounds of the licensing model under which much of this entire area is built - well, that actually does matter. One is reminded, sometimes, though, about the old saying about why intra-staff disputes at colleges are so wicked: the drama is so big because the stakes are so small.

    --
    Don't disappoint your bird dog. Go to the range.
  9. Someone didn't read his next email... by Zaurus · · Score: 5, Informative
    Um, hello? Whoever submitted this basically took the original email that Flameeyes sent, but ignored the next one that came a few minutes later:

    On Sunday 07 January 2007 02:47, Diego 'Flameeyes' Pettenò wrote:
    > This is a very sad blog by my side, although I hope this can be cleared up
    > soon so that I don't have to be this sad anymore in the future.
    Edit: Timothy (drizzt) found us the escape route. Applying
    ftp://ftp.cs.berkeley.edu/pub/4bsd/READM E.Impt.License.Change we can legally
    drop the clause 3 of 4-clause BSD license, and be done with it. I'm writing
    in this moment the code to do this, but it might require a new stage to come
    out. Anyway, the problem is solved, and I think I'll mail FSF for them to
    actually put that note somewhere, as it doesn't seem to be that documented
    around here.

    This *should* cover our asses about the problem, although I'm still looking if
    there are sources that are redistributed under 4-clause BSD license, and for
    which the license change is not effective (i.e.: they are not under UCB
    copyright).
    1. Re:Someone didn't read his next email... by Erwos · · Score: 4, Insightful

      Unless this software came straight from UC Berkley, that escape route doesn't seem to exist. Their Office of Technology Licensing cannot unilaterally change the license on other people's code.

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:Someone didn't read his next email... by Otter · · Score: 1
      The guy's site is flattened and Coral Caching doesn't seem to have happened yet so I can't check this, but... I had the same thought as you and then saw a note at the bottom or a comment or something that indicated that this "drizzt" strategem is only a partial solution.

      At any rate, after fighting with yet another Portage update disaster and finding that the Gentoo documentation now recommends recompiling your entire system after updating GCC, I'm thinking this license issue is far from Gentoo's biggest problem.

    3. Re:Someone didn't read his next email... by TheRaven64 · · Score: 4, Interesting
      I take it you didn't read the second link, or the summary. This covers code written by UCB, and is widely known about. All UCB-original code released under the 4-clause license can be used under the 3-clause license. However, FreeBSD does not use the original 4BSD libkvm; a number of people have submitted patches to it over the years. Because FreeBSD does not require copyright assignment, these changes are still owned by their authors, and some of them are under the 4-clause license.

      This means that parts of the library are 3-clause licensed, and parts 4-clause licensed.

      --
      I am TheRaven on Soylent News
    4. Re:Someone didn't read his next email... by solafide · · Score: 1
      Um, how do you expect to take advantage of a new gcc without recompiling your system with it? Besides which, a recompile every month or so is good for your system.

      Portage update disasters only occur when you don't check what emerge --update world will actually install before you do it, or you're running ~arch and a new expat comes out.

    5. Re:Someone didn't read his next email... by robyannetta · · Score: 2, Funny

      Shhh, don't let SCO hear about this as they'll probably assert some claim to the code just to have it disproven in 3 to 5 years.

      --
      - Just my $0.02, take with a grain of salt, your mileage may vary.
    6. Re:Someone didn't read his next email... by msuzio · · Score: 1

      I think this might show the real problem -- copyright assignment. It appears the FSF requires copyright assignment:

      http://www.gnu.org/prep/maintain/maintain.html#Leg al-Matters

      (I thought that was the case, but maybe I misinterpreted that statement)

      Is this generally the case? Having never contributed back directly to a project (my contributions have all been along the lines of "look, this is wrong, here is a test case to show what might need fixing"), I realize I have no idea what the norm is. It certainly does seem that requiring copyright assignment makes sense for the long term -- otherwise, your project is effectively at the mercy of any and all developers who contribute. I know some people have seen that as a strength in the past (pointing out, for example, that Linus could never hijack the Linux kernel -- he hasn't "owned" the rights to it for a long time now), but it seems a glaring weakness in this case.

    7. Re:Someone didn't read his next email... by multipartmixed · · Score: 2, Informative

      You're fucking kidding me, right?

      I'm still using the same OS I did five years ago.. but I've upgraded through SEVERAL versions of gcc...

      > Besides which, a recompile every month or so is good for your system.

      What, is that the Gentoo equivalent of rebooting a Windows box? *!@*!*@!!

      --

      Do daemons dream of electric sleep()?
    8. Re:Someone didn't read his next email... by jandrese · · Score: 1

      I don't use Gentoo's package system, but at this point I think it would take me more than a month to recompile every application I have installed. Admittedly that includes some porkers like Openoffice (which takes 10GB of hard drive space and literally all day to compile).

      --

      I read the internet for the articles.
    9. Re:Someone didn't read his next email... by arkanes · · Score: 1

      The FSF requires copyright assignment for all GNU projects (since the FSF are the owners and maintainers of the GNU project). Copyright assignment is relatively rare in the open source world, because it requires extensive and expensive legal infrastructure, not least of which is the organizational body that will actually hold the copy rights. It's also a pain for submitters, who need to send notarized copyright assignment documents. It's the best way to keep your house legally clean, but it requires a great deal of trust and willingness from your contributors. The Linux kernel as a notable OSS project does not require copyright assignments. Nominally OSS projects that are run (and sometimes dual-licensed) by a corporation often require copyright assignments, MySQL is an example.

    10. Re:Someone didn't read his next email... by Mr.+McGibby · · Score: 1

      I was confused by the whole recompile your system thing, but I did it anyway. Apparently this has something to do with the ABI. The explanation made sense to me. However, if you have some counter-explanation, I would appreciate seeing it.

      --
      Mad Software: Rantings on Developing So
    11. Re:Someone didn't read his next email... by baadger · · Score: 1

      I run Gentoo ~arch and since February I've done two complete recompiles, neither introduced any _serious_ problems and both were done overnight and mostly done by morning. One was the move from GCC 3.4.6 to GCC 4.1.1

      You don't *HAVE* to recompile everything unless there has been C++ ABI breakage between the versions, but it doesn't hurt too bad and a lot of Gentoo users do it to benefit from any new optimizations introduced.

      That said, I have a version of Real Player installed (which I don't use but mplayer needs for the libraries) that was apparently compiled with GCC 3.2 and a (32bit x86) version of Firefox installed that was compiled with GCC 3.4.

      Gentoo doesn't force you to do anything.

    12. Re:Someone didn't read his next email... by hey! · · Score: 1
      The clause in question:

      3. All advertising materials mentioning features or use of this software
                must display the following acknowledgement:
                This product includes software developed by the University of
                California, Berkeley and its contributors.


      So it's ironic that UCB cannot waive this requirement on the behalf of contributors.

      This clause is against the spirit of the BSD license in any case. The reason to adopt BSD is to give the immediate downstream recipients of the code licensed this way the maximum freedom, including the creation of proprietary software. GPL could be seen more as enforcing parity: you must give the same rights you received with respect to the software.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    13. Re:Someone didn't read his next email... by Khazunga · · Score: 1
      Gentoo documentation now recommends recompiling your entire system after updating GCC

      Whenever GCC changes the ABI, you will eventually have to recompile everything. It's not that much of a hassle, if you are not on the ~arch bleeding edge. Just leave the computer doing the compile overnight.

      Other distros escape the problem by issuing a new release. Ever changed from SuSE 8 to 9? There was the GCC change.

      Having said that, I don't believe GCC changed ABI recently. Or are you just moving to GCC 3?

      --
      If at first you don't succeed, skydiving is not for you
    14. Re:Someone didn't read his next email... by Khazunga · · Score: 1
      I'm still using the same OS I did five years ago.. but I've upgraded through SEVERAL versions of gcc...
      If you passed the GCC2->GCC3 barrier, you either reinstalled every packaged or recompiled every library. You can't link binaries compiled with v3 against libraries compiled with v2.
      --
      If at first you don't succeed, skydiving is not for you
    15. Re:Someone didn't read his next email... by solafide · · Score: 1
      You can do other things with your computer while you're recompiling, as long as the other applications aren't taking up most of your CPU. It might be a little slower, especially if your CPU isn't fast in the first place, but computers are not unusable while they recompile.

      Also, I doubt the time required being a month: my laptop (1.5GHz Celeron, 256MB RAM) only takes 2 or 3 days to recompile everything, and it _does_ have OO, KDE, and GNOME.

    16. Re:Someone didn't read his next email... by element-o.p. · · Score: 1
      Besides which, a recompile every month or so is good for your system.

      Riiiiiight. I "emerge -e world" all the time, just for the sake of it.</sarcasm> If I really had to rebuild every package on my Gentoo systems on a monthly basis, I'd still be using Slack.

      Yes, after upgrading gcc, I "emerge -e system && emerge -e world" but fortunately, that's a once-in-a-while occurrence. Even then, a minor version upgrade to gcc doesn't usually *require* you to recompile world with the new version unless you want to.
      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    17. Re:Someone didn't read his next email... by multipartmixed · · Score: 1

      > If you passed the GCC2->GCC3 barrier, you either reinstalled
      > every packaged or recompiled every library. You can't link binaries
      > compiled with v3 against libraries compiled with v2.

      This is why God invented LD_LIBRARY_PATH and dlopen()... and added the -R flag to ld for use by the runtime linker...

      Oh, and yes, you CAN link 2.95.3 libraries with 3.4.2 binaries. I haven't tried any other combinations, though, it wasn't necessary.

      --

      Do daemons dream of electric sleep()?
    18. Re:Someone didn't read his next email... by multipartmixed · · Score: 1

      PS: My linkage comment *specifically* references plain-vanilla-C-only. The C++ name munging scheme DID change with version 3, throwing all kinds of stuff into seizure-land.

      --

      Do daemons dream of electric sleep()?
    19. Re:Someone didn't read his next email... by cloudmaster · · Score: 1

      Portage update disasters only occur when you don't check what emerge --update world will actually install before you do it

      That's exactly the problem with Gentoo - too many packages are marked as "stable" without anyone actually doing the above quality check (or any check, it often appears). Good suggestion, though. Maybe pass it along to the developers. Particularly interested in this revelation would be the ones handling the kernel patches and X.org, but several other groups would also benefit.

    20. Re:Someone didn't read his next email... by setantae · · Score: 1

      Besides which, a recompile every month or so is good for your system. what the fuck?
    21. Re:Someone didn't read his next email... by networkBoy · · Score: 1

      "Also, I doubt the time required being a month"
      He obviously has an 80386DX40

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    22. Re:Someone didn't read his next email... by Brandybuck · · Score: 1

      If those patches are under ten lines, then the copyright goes to FreeBSD, as a copyright assignment is not needed. This covers most bug fixes.The patch itself is copyright the submitter, but applying the patch does not change the copyright of the main codebase.

      People who insist on retaining the copyright to their ten line patch are control freaks. I won't use their patch... not because I legally can't, but because I don't want the hassle of dealing with people like that in my life.

      --
      Don't blame me, I didn't vote for either of them!
    23. Re:Someone didn't read his next email... by Brandybuck · · Score: 1

      Besides which, a recompile every month or so is good for your system.

      That's the funniest thing I've read all year!

      --
      Don't blame me, I didn't vote for either of them!
    24. Re:Someone didn't read his next email... by solafide · · Score: 1
      All right, I opened my mouth and stuffed my foot down my gullet. I personally recompile my system when I try to upgrade my GNOME or KDE to ~amd64 a couple versions. But I have only recompiled my server (only 1 ~x86 package) once in 5 months.

      Surely you've read something more entertaining in the last 8 days ;) - like that story on input type=image submit buttons not working?

    25. Re:Someone didn't read his next email... by Brandybuck · · Score: 1

      Surely you've read something more entertaining in the last 8 days ;) - like that story on input type=image submit buttons not working?

      Yes I read that. But it was nowhere near as funny as your gaff. You should make it your sig. Just remember, we not laughing with you, we're laughing at you :-)

      --
      Don't blame me, I didn't vote for either of them!
    26. Re:Someone didn't read his next email... by jandrese · · Score: 1

      That's one fancy 386 you got there Mr. Moneybags.

      --

      I read the internet for the articles.
    27. Re:Someone didn't read his next email... by Khazunga · · Score: 1
      This is why God invented LD_LIBRARY_PATH and dlopen()... and added the -R flag to ld for use by the runtime linker...

      And that's how you end up in library path hell. I have enough trouble managing the stupidity of /usr/lib and /usr/lib64 on SLES for EMT64.

      And, yes, for all practical matters, upgrading GCC means rebuilding everything.

      --
      If at first you don't succeed, skydiving is not for you
  10. Re:as an end-user only... by unfunk · · Score: 1

    The difference being that Linux and *BSD are, you know, good? The same sort of questions arise with the Firefox/IceWeasel issue over at Debian, so are you suggesting I just warez IE7 and run it on my Ubuntu box simply because I don't see what their issue is?

  11. Ah, freedom... by Erwos · · Score: 3, Funny

    Looks like we can toss a new one on our stack of freedoms:
    Free as in "speech".
    Free as in "beer".
    Free as in "stolen".

    And, yes, I understand nothing's been really stolen, and I really meant it mostly in jest. But this is one of the reasons that the community needs to understand that "open source" is not just "open source". It comprises a variety of licenses, some incompatible with each other. Developers need to be educated as to the ramifications of making bad decisions regarding software licensing.

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:Ah, freedom... by quazee · · Score: 1

      Free as in "speech".
      Free as in "beer".
      Free as in "stolen".
      You forgot:
      Free as in "cheese".
      --
      throw new SuccessException("Sig read successfully");
    2. Re:Ah, freedom... by ChadN · · Score: 1

      You forgot:
      Free as in "cheese".

          Do you mean Fritos??? (Seriously, what do you mean?)
      --
      "It's overkill, of course. But you can never have too much overkill." - Anonymous Slashdot Coward
  12. Re:as an end-user only... by unfunk · · Score: 1

    Well, thankyou for at least answering my question without assuming I'm trying to flame FOSS or promote warezing or what-have-you.
    I guess I have a lot of respect for dictatorial attitudes toward things; if something needs doing, then it should be done. No ifs, buts, or maybes, Dictators get things done.





    Yes, I know, they also kill lots of people in the process, but let's just ignore that for now, shall we?

  13. Re:wow, great "free" software by bmac83 · · Score: 5, Insightful

    Sure, it would be great if all these licenses were innately compatible. However, since they're not, it would be a disservice to the entire free software community if we were to start ignoring the provisions of each license in a spirit of universal brotherhood. As much as we all worry about challenges to the GPL, etc., in courts by open source opponents, we should not dilute open source licenses' credibility within the free software community. How seriously could the legality of these licenses be considered then?

    I think it's great that a developer took the time to notice a problem and begin the due diligence required to come to a legal, mutually-acceptable conclusion. That's the mark of a true community.

  14. Re:Good by TheRaven64 · · Score: 2, Interesting
    I disagree that the Debian GNU/kFreeBSD port is a waste of time. Linux is not the official kernel of the GNU project and, while I doubt anyone will actually use the FreeBSD kernel port, it is useful to improve the portability of the GNU system.

    More interesting is the Nexenta project, which is porting Ubuntu to OpenSolaris (and has usable releases out already).

    --
    I am TheRaven on Soylent News
  15. Re:as an end-user only... by TheRaven64 · · Score: 2, Insightful

    are you suggesting I just warez IE7 and run it on my Ubuntu box simply because I don't see what their issue is? The issue is that the distribution is only able to distribute the code if they follow the licensing conditions. The issue doesn't affect you as an end user except in one way; if they can't legally distribute the code to you, how do you expect to get it and run it?
    --
    I am TheRaven on Soylent News
  16. Re:as an end-user only... by glwtta · · Score: 4, Insightful

    What "moral highground"? When you use other people's software, you are expected to comply with the license it's released under. With a lot of redistribution and integration of products with different licenses it can get a bit tricky sometimes.

    If you are only a user you would obviously care only if you are a user of that particular product, and licensing issues would prevent you from using it. Seems pretty obvious.

    Although mostly this is of interest to developers who might run into similar issues themselves.

    --
    sic transit gloria mundi
  17. Scare Tactics by Duncan3 · · Score: 2, Interesting

    I'm sure this will blow over as nothing soon enough, but it's EXACTLY this kind of stuff that scares the crap out of corporations and prevents Open Source(TM) from making much headway.

    The current reality is that your code is either public domain (new BSD is also allowable, GPL is _NOT_) and people will use it, or it's under one of the 7,867 Open Source(TM) licenses with 10 times that many cryptic and probably incompatible clauses that nobody really knows what to make of. The _applications_ will be used of course, but the code is dead.

    The sooner people figure that out the sooner we can all stop having to rewrite everything.

    Don't worry, we'll still all have work rewriting everything in the language flavor of the month. This year everyone is getting paid to rewrite all their code in Ruby I hear.

    --
    - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
    1. Re:Scare Tactics by Jerf · · Score: 1

      Can you explain to me why exactly it's an advantage for commercial software?

      Open Source software can be reused, but requires attention to licensing constraints which may be problematic. Some of it may not be usable in a commercial product, in which case it isn't a problem; it effectively doesn't exist for you.

      Closed Source software either simply can't be reused, but even if it can, requires paying somebody to receive the code that will contain licensing constraints that may be problematic, and may furthermore require a lengthy negotiation process for things that aren't being sold as off-the-shelf projects, and in that case there is no guarantee you can come to an agreement at all.

      The only time commercial software "wins" is a cheap off-the-shelf library that has relatively free licensing constraints and comes with source that you are allowed to modify and recompile, with the only open source competition being something you can't use for licensing reasons. You end up with most of the advantages of open source without the disadvantages of open source. This isn't the normal use case by any means, though; it's pretty specific and doesn't cover very many cases, and some of the use cases I can think of are open-source projects that you are allowed to pay for a full commercial license if you choose, such as MySQL and QT. (Cases that does cover are commercial graphic libraries like PDF or graph generators and many very specialized libraries.)

    2. Re:Scare Tactics by itsdapead · · Score: 1
      I'm sure this will blow over as nothing soon enough, but it's EXACTLY this kind of stuff that scares the crap out of corporations and prevents Open Source(TM) from making much headway.

      Really? It just sounds like an open-source developer being dilligent. Nobody has sued anybody yet (and there's no huge damages to be made from doing so).

      Using commercial software (especially in a corporate environment using volume licenses and developer tools) is no protection against getting sued by a patent or copyright troll, plus there's all those sign-in-blood licenses and paramilitary anti-piracy militias waiting for a big corp. to tread on the cracks in the pavement.

      The main problem is simply culture - corporations are run buy Businessmen who like doing Business which means Money Changing Hands. Think of all those procurement and legal suits who would get downsized if they weren't negotiating software licensing deals and having their egos massaged by marketdroids.

      Being cynical, its a complete myth that "big business" wants to save money. Suits like huge sums of money running through their departments - big budget = big responsibility = big paycheck. OK, they want to be seen to be "making savings" but what they mean is "juggle costs between accounts" not the sort of savings that actually make your budget go down... Perish the thought.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    3. Re:Scare Tactics by CoughDropAddict · · Score: 1

      I agree with you to an extent, but I think that there are some cases where the effect is the opposite. Would IBM pour as many engineering resources into the Linux kernel if it was not GPL? Or do they want the assurance that their work benefits only the commons, and cannot be used against them by proprietary competitors?

    4. Re:Scare Tactics by Matt+Perry · · Score: 1
      it's EXACTLY this kind of stuff that scares the crap out of corporations and prevents Open Source(TM) from making much headway.

      Nonsense. Corporations have to deal with legal and licensing issues all of the time. You think that licensing and ownership issues are new just because open source came along? Besides, all this really demonstrates is that free-software and open source developers take "intellectual property" issues very seriously and are proactive about resolving licensing issues before they become problems for others.
      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    5. Re:Scare Tactics by FallLine · · Score: 3, Insightful
      Can you explain to me why exactly it's an advantage for commercial software?
      I'm not the OP, but...

      A) Because most mainstream commercial/proprietary software tends to be more innovative and better. Yes, there are some exceptions, but they are very few in number and tend to be in areas where the demand is so small that it would be difficult to sustain a business on (the Windows monopoly vs Linux, perhaps being an exception in some ways).

      B) Because its licensing terms are far more predictable and understandable than GPL-based software. I'd far rather trust one top-down group motivated by money (selfish, perhaps, but pragmatic), especially if I have a contract with them, than the bulk of GPL community based projects which are motivated by several different philosophies, a constantly evolving licenses, and which has too many self-promoting zealots which can spoil the works (e.g., RMS). Witness licenses going from LGPL -> GPLv2, GPLv2 -> GPLv3, and god knows where else. Even if the projects which you're immediately dependent are managed entirely by pragmatic people and has acceptable terms at present, all it takes is a few zealots changing licenses at a lower level (like its libraries, OS, etc) to force a license change and/or splinter the community.

      C) Because the company that is maintaining the product is far more likely to stay in business and motivate itself to the kinds of support that you need. A company based on GPL v2 with an equally popular product is likely to only have, say, 5% of the revenue that the proprietary company nets and that company must answer to several camps with hugely divergent interests. Even with the dual-licensed business model companies, like MySQL, you are heavily dependent on them staying in business. If they go belly up, then so does the copyright assignment that allows them to dual-license... the odds of another company making this work by trying to provide support alone is highly unlikely.

      D) Because most open source projects are simply half-assed and under-staffed. There are only a handful of open source projects have a critical mass of developers or a viable company behind it to make it acceptable today let alone provide any kind of assurance for the future.

      Yes, I know the open source dogma answer to all these is "but you have the source!". I just don't think it means much in practice for most companies and individuals as they cannot afford the time and technical resources in practice to maintain said software themselves. Yes, some of you will say that it can be forked, but this often does not work out this way as there is often not enough people behind it on aggregate (never mind behind any one specific project organizer). When MySQL changed their client-libraries from LGPL to GPL, where did the LGPL fork go? No where.
    6. Re:Scare Tactics by melstav · · Score: 1

      Can you explain to me why exactly it's an advantage for commercial software? Since you brought up Qt, I'll continue to refer to it in this example. For reference, Pricing for Qt is here. There are a number of links on that page that all take you to the page describing what the various "editions" of Qt licenses get you.

      Assume that you want to use Qt to actually develop GUI applications. That means you need a license for either the Desktop or Desktop Light editions. Further assuming that you want to develop apps that use the network in some way, or interface to a database, or work with XML. Now you're stuck with the full Desktop edition.

      Continuing with our list of assumptions, let's assume you want to use Qt because you want to be able to recompile my application to target Windows, MacOS-X, and Linux. That means you need the three-platform Desktop license, which will cost you US$6,600.00 for the first year, and US$2,050.00 for every year thereafter that you want to distribute commercial apps built with Qt.

      Now, if you work for a larger company, a $6,600 licensing fee for a library might be fairly easy to justify. On the other hand, if you work for a small company, or are just an individual looking to make a few bucks off of a tool you wrote, that $6,600 pricetag is likely going to push you into looking for "some other way" to get a cross-platform GUI.

      I'd venture to argue that there are a lot more people wanting to develop software to sell who think that $6,600 is too much money to justify for an initial investment than there are who would find that amount easy to shrug off. Those people would be more likely to keep looking until they found something cheaper or under a non-viral license.

      Now, I'm not saying that I think $6,600 is an unreasonable price to ask for the full Qt. I'm saying that a lot of developers are going to look at the licenses for Qt, then look at the pricing for commercial licenses, and then keep looking.

      BSD-like licenses are ideal for commercial software because they place no limits on what you do with it. The LGPL is a fairly close second, as long as you can keep the LGPL code in a shared library, rather than statically linked.

      And if the main authors of BSD or LGPL -licensed libraries have a donation button, so much the better.
    7. Re:Scare Tactics by Znork · · Score: 3, Insightful

      "B) Because its licensing terms are far more predictable..."

      As in you can't use the source. At all. For any purpose. Well, sure, it's certainly predictable.

      "C) Because the company that is maintaining the product is far more likely to stay in business and motivate itself to the kinds of support that you need."

      New to the industry, eh?

      Even if you ignore the fact that products will be altered beyond recognition and eventually discontinued, with or without the company surviving, the fact is very few companies in the proprietary software business appear to have any particular long term staying power. If they dont go belly up, they get bought up, their products cancelled, and customers forcefully migrated.

      "D) Because most open source projects are simply half-assed and under-staffed."

      And most proprietary projects are half-assed and under-staffed. It's endemic to the entire industry. At least with opensource you can discover it was half-assed before paying through the nose for a disconnected support number.

      "they cannot afford the time and technical resources in practice to maintain said software themselves."

      But if necessary they have the option. And while one company might not have the resources needed, several customers working together may very well have the resources (after all, the combined customers were the ones actually paying for the resources originally, so unless the initial producer was deliberately sinking money into the development without intending to profit, the resources still exist).

    8. Re:Scare Tactics by FallLine · · Score: 1, Interesting

      As in you can't use the source. At all. For any purpose. Well, sure, it's certainly predictable.

      Which is academic for most users, even for developers like myself, when compared to the current and potential restrictions GPL-like licenses can place on you. For instance, when MySQL switched their client-library licenses from LGPL to GPL, this forced many companies that distributed or employed proprietary software with MySQL to make some very tough choices. With GPL v3 and other changes around the corner, many more companies and end-users will be negatively impacted.

      If GPL projects can switch licenses and argue that applications that make simple library calls are derivative and thus must be GPLd too, why can't GPL v10 argue that even using an open source server over a network also makes the clients' derivative/non-compliant? Why not argue that, say, anything compiled with GCC must be GPL'd or at least open source? Or that all output of GPL'd products must be public domain/GPL if distributed? I know some people may say this is absurd, but RMS and his follower's agenda is pretty extreme and I think they'll do whatever they think they can get away with.

      The problem is that you, the end-user, are not the customer for most of these GPL projects. For most GPL projects, their egos and their philosophy is their primary and often only concern. That you may benefit from their work is perhaps a secondary concern, at best. If you don't like their direction, the retort is basically "tough luck". Well, it may be their prerogative, but that does not mean I'd ever want to place myself in a situation where my livelyhood is at stake with those people. It is an unnecessary risk.

      Oh, and, btw you overstate your case. The source code for many proprietary software packages can be had, as insurance, if you're willing to pay for it and sign an agreement not to disclose it. Other companies will also do something-like source code escrow...

      New to the industry, eh?

      No, far from it.

      Even if you ignore the fact that products will be altered beyond recognition and eventually discontinued, with or without the company surviving, the fact is very few companies in the proprietary software business appear to have any particular long term staying power. If they dont go belly up, they get bought up, their products cancelled, and customers forcefully migrated.

      Name some major proprietary applications, that wasn't already highly obsolete, that was simply discontinued or where the business went belly up. There aren't too many. Sure, you'll have the rare monopolist that forces an upgrade after several years and there may be some grumbles about annoying features and what not, but they'll usually at least provide a relatively clear upgrade/conversion path (which is more than I can say for most open source projects). Sure some niche vendors have gone out of business, but these are areas where open source is a total non-entity.

      And most proprietary projects are half-assed and under-staffed. It's endemic to the entire industry.

      Some are, but there is little comparison. Most areas offer several good commercial alternatives (along with several mediocre/cheap ones) whereas there is generally no acceptable open source alternative. Even a highly successful project like MySQL (which truly depends on its hybrid model) is still half-assed for many customers when it comes to competing against the likes of MSSQL, Oracle, and others.

      Someone did a study a few years ago of the most popular projects on SourceForge and found that, of the 100 most popular projects, the median number of developers on each project was 4 and the mode was 1. This is even more devasting when you consider that most of these developers are doing this on their spare-time for sh*ts and grins.

    9. Re:Scare Tactics by hritcu · · Score: 1
      Would IBM pour as many engineering resources into the Linux kernel if it was not GPL?
      Yes
      --
      If you don't fail at least 90 percent of the time, you're not aiming high enough. (Alan Kay)
    10. Re:Scare Tactics by Jesus_666 · · Score: 1

      Don't worry, we'll still all have work rewriting everything in the language flavor of the month. This year everyone is getting paid to rewrite all their code in Ruby I hear.

      Heh. *snicker*

      This is grossly OT, but your comment just reminded me of it...

      Japan-based Enterbrain, Inc. produces a series of build-your-own-SNES-style-RPG IDE/VM-bundles, the RPG Maker series. The latest incarnation, the RPG Maker XP, supports Ruby Scripting. In fact, the whole thing is built around RGSS, the Ruby Game Scripting System, essentially a library for easy Ruby-based game creation. Unfortunately, RGSS is a) Win-only, b) proprietary and c) dog slow. We're talking "An 800 MHz computer can't let RGSS do nothing at 50 fps".

      Someone I know is working on OpenRGSS, which is - surprise - a portable open source implementation of RGSS. Of course there's some reverse engineering involved and the team managed to discover what makes RGSS so dog slow: It's written entirely in Ruby. No, wait, that doesn't quite capture it. The DLLs consist mostly of uncompiled Ruby code. The whole stuff is extracted from the libraries and interpreted at runtime. The complete lack of support for hardware accelerated graphics is just another drop in the ocean there...

      Actually, RGSS is mostly a bunch of sloppily written Ruby code, some encrypted code, some glue and a lot of obfuscation (for example Enterbrain took great care to keep people from taking a peek at the memory at runtime in order to get around the encryption).

      Seriously, one of the most screwed up software designs I've seen so far.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    11. Re:Scare Tactics by Jerf · · Score: 3, Insightful

      So, if you compare the ideal case for commercial software against the worst case for open source software, commercial software wins.

      Big surprise there.

      Neither your caricature of commercial software, nor your caricature of open source software, has much to do with reality. Bad open source basically doesn't exist for a commercial company, because they most likely won't even encounter it, and it certainly won't last long in their selection system unless it's completely broken. And I've been involved in buying many closed-source libraries, and your happy-happy portrayal of closed-source software doesn't really remind me of any of those experiences. By far I have more trouble with the closed-source stuff just being unsupported, and sometimes it's the big vendors (as in Microsoft, Oracle, etc.) who are the worst!

    12. Re:Scare Tactics by Antique+Geekmeister · · Score: 1

      Having the source is a huge deal when you're dealing with difficult bugs that the author may not have discovered yet, when the API's are not well published, and when you wish to extend or improve the software. I can't count the number of times I've extended commercial products for internal use, but been prohibited from distributing the extensions by the commercial licenses and by the refusal of the software to provide a usable method of reporting the fix or extension.

      I've worked for several companies who found having me extend their existing tools was vastly, vastly, vastly cheaper than buying the commercial Industral Grade versions of products, and the open source community is usually much better about feature requests and bug fixes. Look at the security records for web browsers for examples of this.

    13. Re:Scare Tactics by FallLine · · Score: 1
      So, if you compare the ideal case for commercial software against the worst case for open source software, commercial software wins.

      Big surprise there.

      Neither your caricature of commercial software, nor your caricature of open source software, has much to do with reality.
      No. I'm talking about 10+ years of real world experience where the decision making authority and the responsibility for its outcome, for better or worse, ultimately rested with me (CIO/Director for a mid-size private->public company and later in a similar role for a Fortune 100 company division). Try seriously comparing MySQL to MSSQL to Oracle etc (yes, MySQL has its uses, but not in most corporate settings). Integrated backup software to manage hundreds of servers/applications. OCR software. IVR systems. VoIP. EDI software. Terminal software. SPAM & Virus filtering. Network authentication (even mundane tasks like trying managing network rights or add/drop users!). Print and filesharing management. Server/task scheduling. Firewall & VPN solutions. Email and Calendering. Reporting writing/distribution tools. Hundreds of small desktop applications (e.g., screen cap, document conversion, etc). Not to mention experience as a project manager and software developer.

      In my actual experience, the areas where open source was even a remote contender were few and far between (in some cases, they were better, but it was very rare). Even when my employers were cash strapped, when I was far more optimistic about the state of open source software and when I used much of it myself, I could rarely say with a straight face that it was the best or even cheapest solution when all was said and done. This is particularly true when I had to consider the time involved in maintaining the systems (esp. training/managing my department well enough so it wasn't dependent on just 1 or 2 people) and making things clear to the users.

      And I've been involved in buying many closed-source libraries, and your happy-happy portrayal of closed-source software doesn't really remind me of any of those experiences.
      No offense, but I read your resume. You've been out of school and working for real companies for maybe 3 actual years? In that time you've managed some web servers and done some web development work? Web server/programming is one of the few where open source is relatively strong. There is, however, a much broader world out there to consider. What's more, your level of responsibility and the duration for which you saw it through would have a huge impact on your views on cost vs. benefit.

      And for the record, I'm not all "happy-happy" about closed source software. I do have my gripes, especially with some of the stuff Microsoft has put out. We, however, are comparing the relative strengths of open vs closed systems. I've experienced a wide array of software quality, however the general trend was that the proprietary alternatives were dramatically better than the open source ones (with some notable exceptions)

      By far I have more trouble with the closed-source stuff just being unsupported, and sometimes it's the big vendors (as in Microsoft, Oracle, etc.) who are the worst!
      Then please name some of them and tell me which open source alternative was superior and why. I think we may find a pattern here.

      Bad open source basically doesn't exist for a commercial company, because they most likely won't even encounter it, and it certainly won't last long in their selection system unless it's completely broken
      Huh? This doesn't make sense. I certainly sought out open source solutions when possible. I know I was not alone in that. Often times it was initially attractive because we could obtain it quickly and at an attractive price point (~$0), little/no impact on the budget and no approval necessary for big ticket alternatives, ... but ultimately found them to bring more pain than it was worth.
    14. Re:Scare Tactics by FallLine · · Score: 1

      First, I you seem to only mention one open source project comparison with proprietary solutions: MySQL v. MS SQL and Oracle. The statement here seems to be a (perhaps hasty) generalization based on this experience.

      No, I'm really referring about the trend within a whole range of areas within software development. MySQL vs proprietary products is just one comparison amongst many.

      Long enough to see that waste in development staff, talent, projects, and other resources is far more prevalent in the former than the latter.

      I completely agree that smaller companies tend to be vastly more efficient and better managed than larger ones (not to mention that they tend to have higher caliber employees). This is precisely why I left the big company.

      The "innovative" attribute is not one that I would use to describe commerical offerings when compared to open source ones. Where was the vendor-supplied logging framework in .NET when I was happily using log4net? Where was the logging framework in Java when I was using log4j? Where was the proprietary build tool that suited my needs better than Ant? Maven? CruiseControl? What about JUnit and NUnit? Visual Studio 2005 finally got integrated unit testing, but how long has it been available in OSS tools and IDEs?

      The operative word is "more" innovative. Open source can and does innovate sometimes, but these are heavily biased towards lesser innovation (especially in the area of small scale software development). By lesser I mean something which requires a relatively small amount of developer energy to bring to fruition, particularly to reach that first stage where the benefits of the innovation become immediately more useful than the alternatives and, to the extent they continue to grow, where small incremental changes can yield appreciable benefits. If you're talking about a small module/library/application to make programming or perhaps system administration a little easier, this is precisely the area where open source shines, especially in an area where it'd be difficult or impossible to sustain a business on (particularly at the outset). Most software that companies and end-users need and want are not built on small scale development alone. Contrast these small innovations with developing, say, a completely new or innovate RAD evironment, an area where a lot of development energy must be spent before it truly becomes useful. This is even more true when you're talking about areas and whole domains that most open source developers simply don't know or care about.

      I don't want to put words in your mouth, but by "innovative and better" do you mean "safer"?

      No, I mean just what I said.

      In a large corporation with much to risk, you want someone you can take to court should something bad happen.

      Taking another company to court is little consolation for shareholders if your business operations are interrupted for any substantial length of time. It also doesn't offer much insulation for the employee if they irresponsibly selected a shoddy sofware package.

      You also want someone who is interested in keeping your business so they're likely to incorporate a feature you want, even if they think it's a bad idea (I've been on both sides of that one)

      Sometimes, but these are largely only with programs that are already customized for the business. The issue with open source is that most programs aren't even remotely appropriate in the first place.

      But when software is free, you have no such control. A developer developing for fun or philosophy alone can easily tell you where to go if he thinks your feature request is stupid, and where does that lead you?

      The issue is less that my specific business wants feature X, but that most

  18. Re:Trouble in paradise by Richard+Steiner · · Score: 5, Insightful

    Much of it is free. Much of it is not free. All generalizations are false. :-)

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
  19. Re:as an end-user only... by alteran · · Score: 4, Insightful

    Here's a link explaining the problem.

    http://www.gnu.org/philosophy/bsd.html

    I'll explain how this might affect a user like you, because at first it doesn't seem like much of a restriction: just mention UC Berkley in any advertisements featuring BSD.

    What could be simpler!

    And then seventy five other shmoes copied the provision.

    So now my voluteer website saying, "I'll help anyone, anywhere install BSD for free!!!!" needs to say:

    "I'll help anyone, anywhere install BSD* for free!!!!

    This product includes software developed by the University of California, Berkeley and its contributors.
    This product includes software developed by the alteran, who considers himself extremely l33t.
    This product includes software developed by the University of Utah and its contributors.
    This product includes software developed by Inman Software Corp, and its employees, to be used freely as long as this statement is attached. Inman Software Corp acknowledges the work of many of its contractors, who may have also contributed code to this product.
    This product includes software developed by the Grossman Progammers and Associates. Use of this software is fully authorized for all purposes as long as this statement is enclosed.
    This product includes software developed by the University of North Carolina at Chapel Hill and its contributors.
    This product includes software developed by the University of North Carolina at Greensboro and its contributors.
    This product includes software developed by the University of North Carolina at Tweetsie and its contributors.
    etc., etc.

    You get the idea, but pretend I make this list TEN TIMES longer.

    Of course, when you got your copy of this software, you saw something like what I showed you above, right? Because if you didn't, well, you're running your software illegally. If you didn't, please erase it. (See, that's an effect right there!)

    And that's just the beginning. Anyone advertising/distributing BSD needs to READ EVERY DAGGUM LICENSE and figure out which shmoes need to be credited on every scrap of paper or HTML mentioning BSD. Or just be illegal-- their choice. And because there are so many contributors, any one of which could insert a new program and provision at any time, which means every update needs to be rechecked.

    No one is going to do this. They are just going to give up, or ignore the law-- both of which ultimately hurt free software.

    And, of course, its users.

    --
    Who is RTFM and when will he help me with Unix?
  20. Re:Trouble in paradise by iminplaya · · Score: 1

    Though I may not have put it that way, in many ways you are correct. And licenseing should be considered trivial (ie:nonexistant) The factional infighting is exposing OSS's similarities to the commercial world more than its differences (Watch the movie "Network" (1976) and note how the radicals negociate the renewal of their show). And most of the time will spent on licensing issues instead of actual developement. I've already downloaded some programs that consume less space than the license. There is only one suitable "license". That's public domain. Make it open to anybody for anything. Let the commercial companies have it. Who cares if they make money from it? They don't have any exclusivity over it. They still can't stop you from using it. As far as I'm concerned, use of public domain material in a program puts that program into the public domain also. *sigh* I guess the lawyers have found another pot of gold at the end of the OSS rainbow now. If there's anything that will prevent its widespread use, this would be it.

    --
    What?
  21. apple phasing out libkvm support by oudzeeman · · Score: 2, Informative
    OS X for Intel shipped with /dev/kmem disabled by default, which breaks libkvm (they kept the libkvm header and object files around though, and /dev/kmem can be re-enabled through a kernel boot argument). It is expected future versions will drop the support completely. It also appears that OS X on PPC based on Darwin 8.8.1 or newer also has /dev/kmem disabled by default.

    I just had to remove all dependencies on libkvm for a project I work on, since we recently had our first users try to use it on OS X x86. It is software used on HPC clusters and SMPs, so there hadn't been much interest in OS X x86 until the Xeon XServes. I had been trying to get a hold of an x86 system to test on for months, and then this problem hit us.

    Obviously this could affect OS X/Darwin until they completely phase this out and remove libkvm objects and headers from the software distribution.

    1. Re:apple phasing out libkvm support by TheRaven64 · · Score: 1

      Obviously this could affect OS X/Darwin until they completely phase this out and remove libkvm objects and headers from the software distribution. Not really. Darwin is based on OPENSTEP, which is based on Mach and the old UCB BSD releases. The version of libkvm that OS X users was almost certainly from UCB (and therefore retroactively 3-clause licensed) with changes made by NeXT and Apple employees.

      There is also no reason why libkvm support requires /dev/kmem; it's a fairly clean interface which could quite happily be implemented over a Mach port.

      --
      I am TheRaven on Soylent News
    2. Re:apple phasing out libkvm support by oudzeeman · · Score: 1

      I suppose you could re-write libkvm to use the mach API, but right now kvm_open will fail on a default setup of OS X x86 or OS X PPC based on Darwin 8.8.1 or later. Maybe I should have said the libkvm shipped by Apple (as well as libkvm shipped with every BSD variant) *requires* /dev/kmem. Using libkvm on current OS X releases requires that you re-enable /dev/kmem.

  22. FUD by brass1 · · Score: 4, Informative
    FUD, plain and simple.

    1. The clause that's being referred to is clause three which states:

    3. All advertising materials mentioning features or use of this software must display the following acknowledgement: The operative phrase being, "mentioning features or use of this software." Somehow I doubt there's so much with mentioning the features or use of libkvm no matter what the actual meaning of the word advertising is.

    2. I've gone through all 15 of the .c files in my FreeBSD tree, exactly 2 of them have what *may* be a non-waived clause three: kvm_arm.c, and kvm_powerpc.c. The rest of the files are either copyright the Regents, don't have clause three, or use the CMU license.

    The two files are copyright Wolfgang Solfrank and TooLs GmbH. I would submit that there is probably a clause three waiver from these folks; it's just that we haven't found it yet. Also, removing the two effected files would have no effect on functionality. Neither the ARM or PPC ports are functional.

    The FUD here may not have been intentional, but it is FUD none the less.
    1. Re:FUD by James+Youngman · · Score: 1
      2. I've gone through all 15 of the .c files in my FreeBSD tree, exactly 2 of them have what *may* be a non-waived clause three: kvm_arm.c, and kvm_powerpc.c. The rest of the files are either copyright the Regents, don't have clause three, or use the CMU license.

      The copyright statement at the top of the file is not a reliable guideline as to who the copyright holders in the file are. You have to examine all the nontrivial modifications to the file as well. That means that even if the file has a "Regents of the University of California..." copyright header, they may be other copyright holders too, and they might not have waived the advertising clause. So that header does help a bit, but it doesn't solve the problem.

      The two files are copyright Wolfgang Solfrank and TooLs GmbH. I would submit that there is probably a clause three waiver from these folks; it's just that we haven't found it yet. Also, removing the two effected files would have no effect on functionality.

      ITYM "affected" not "effected".

    2. Re:FUD by brass1 · · Score: 1

      The copyright statement at the top of the file is not a reliable guideline as to who the copyright holders in the file are. You have to examine all the nontrivial modifications to the file as well. That means that even if the file has a "Regents of the University of California..." copyright header, they may be other copyright holders too, and they might not have waived the advertising clause. So that header does help a bit, but it doesn't solve the problem. Nyet. Unless otherwise specified in the license header, copyright on commits to the FreeBSD tree are assigned to the FreeBSD Project. NetBSD commits are assigned to the NetBSD Foundation.

      Also, I talked to an old school FreeBSD commiter about this issue. In the early 1990s he wrote drivers for a couple proprietary CDRom interfaces. In 1998 or '99 he was asked to wave Clause 3 on his drivers along with all of the other commiters (he's got an email exchange with jkh on the subject that he's digging up). In general, both groups have the same policy: contributions to the tree have to have a license that's compatible with the existing license. Certain GNU tools not included. I'm sure there are other limited cases where his has been waived, but this would be exceeding rare.

  23. Re:Stupid politics by iminplaya · · Score: 1

    This is a prime example of how stupid politics ruin good things.

    Actually this is a prime example of how people behave no matter what the endeavor. It's that desire to prevail. There's no reason to expect OSS to be any different from anything else. Many civil rights groups suffer the same fate also. So they remain on the side lines, or simply get swallowed up. It's the Gaza Strip without the guns. OSS will have its day when licensing issues can be thrown aside, and all time spent on developement. Until then, I don't expect much.

    --
    What?
  24. BSD *is* commercial software! by mangu · · Score: 5, Insightful
    people probably wonder why commercial software still owns the world's computers


    In case you haven't noticed, the current Apple OS is BSD. "Commercial" isn't the opposite of "open source". The opposite of open source is closed source, and the opposite of commercial is non-commercial. You can have "commercial open source" software and you can have "non-commercial closed source" software.

    1. Re:BSD *is* commercial software! by drsmithy · · Score: 1

      In case you haven't noticed, the current Apple OS is BSD.

      No, it's not. *Parts* of it are BSD, but pretty much all of the parts that actually make OS X interesting and useful, are not. Further, the fact that some parts are BSDL code, has little bearing on most people's decision to use OS X.

  25. Re:That's awesome by Anonymous Coward · · Score: 2, Funny

    Don't upset the OpenSolaris fanboys, they might set Jörg Schilling on you.

  26. Goofy by Sloppy · · Score: 1

    Think about how goofy this is. Berkeley originally wants ads to include a mention of them. Joe Schmoe contributes code with the understanding that his code is licensed this way (ad must mention Berkeley), and later Berkeley decides they don't care about the ads anymore.

    Now there's concern Joe Schmoe might sue if an ad doesn't mention Berkeley?!?

    (Could something like that be thrown out for lack of "standing"?)

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Goofy by Anonymous Coward · · Score: 2, Informative

      The problem is that many developers change the reference to Berkley to themselves or their company, which results in the need for many permutations of the sentence. And the more serious problem is that that licensing restriction conflicts linking with code under the GPL.

    2. Re:Goofy by innocent_white_lamb · · Score: 1

      Is it actually legal to change the reference in the license like that? It seems to me that Berkley would have a copyright on their license and that would preclude someone else popping by and making arbitrary changes to it.
       
      Or are there other forces at work here that I'm not aware of?

      --
      If you're a zombie and you know it, bite your friend!
  27. Re:Trouble in paradise by JoshJ · · Score: 2, Informative

    As far as I'm concerned, use of public domain material in a program puts that program into the public domain also.

    The lawyers would disagree. This is why we have copyleft in the form of the GNU GPL.

  28. Re:Good by jimstapleton · · Score: 1

    not to mention it's the worst of both worlds...

    I've used several versions of Linux as well as FreeBSD...

    In my experience, although it requires a lot of typing and less GUI, FreeBSD has been, by far, the easiest to administrate.

    Linux has had much better driver support however.

    So... It's a system with the base (and hence driver support) of BSD, and the administrative tools of Linux?

    That just sounds painful and unnecessary.

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  29. Re:as an end-user only... by jimstapleton · · Score: 1

    directly:
    it doesn't affect you, at all

    indirectly:
    Technically, they are supposed to follow the license of software that they use. Now, if someone wanted to be a jerk and say "You aren't following the license for my software!" it could cause trouble. This could seriously kill development and apps. By working it out before hand, it makes sure your software has a longer and happier development lifespan.

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    34486853790
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  30. Re:as an end-user only... by WNight · · Score: 1

    And be done, something undoubtedly is. My guess is that if nobody can find a nice solution to this soon someone will just declare the module in question to be in need of a rewrite and they'll code it from scratch with a friendlier license. Rewrites of existing code are often much faster and more stable anyways so it's not like it'd be a total loss.

  31. Re:as an end-user only... by sholden · · Score: 3, Insightful

    But the entire text of the GPL doesn't have to appear on every piece of advertising for the product, so that's completely irrelevant.

  32. Maybe it were best if only one license applied by dosius · · Score: 1

    If I had my druthers, I'd have an OS where all the code had one copyright and one license.

    Failing that ... one license.

    And I'd rather that be BSD than GPL personally. Which is why I'm trying to come up with a way to replace the whole userland on my system with one that's BSD licensed, but in Linuxland (I don't really feel like replacing my whole system right now as I have too much invested in it! Next machine though, I'll prolly put NetBSD on) it's easier said than done.

    I'd like to see a BSD userland with autotools, even (compare xorg 7). Make things a hell of a lot easier on us.

    -uso.

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
    1. Re:Maybe it were best if only one license applied by dosius · · Score: 1

      O_O

      You're doing exactly what I'm trying to do! Maybe it would save me some hairpulling.

      BTW, I did replace tar/cpio with OpenBSD pax as ported by Thorsten Kukuk + use a cut-down version of NetBSD gzip.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    2. Re:Maybe it were best if only one license applied by Millenniumman · · Score: 1

      You can have 95% of a basic unix machine BSD licensed, but the other 5% (compiler,debugger) are rather essential, and missing.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    3. Re:Maybe it were best if only one license applied by geminidomino · · Score: 1

      I've been trying to do that too! Are you sharing it?

    4. Re:Maybe it were best if only one license applied by Brandybuck · · Score: 1

      Why not just use a BSD system instead?

      --
      Don't blame me, I didn't vote for either of them!
  33. Re:Article text by dosius · · Score: 1

    For the record, I went through the source code for my FOX project's coreutils (48 programs)...

    2 programs have a 4th clause for NetBSD
    6 programs have a 4th clause for Caldera
    1 program (uname) has a 4th clause for Winning Strategies, Inc.

    -uso.

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
  34. Re:Good by menkhaura · · Score: 1

    Exactly my thought. There should be a system with the Linux kernel and the FreeBSD userland (ports mainly, but rc.conf and init scripts would be nice as well). I've heard that pkgsrc is a ports look-alike, designed to be portable across many operating systems, including Linux, but I haven't seen any Linux distro using it. The closest seems to be ArchLinux (which uses BSD-style init), but they have their own, incompatible, package management tools.

    Gentoo's portage would be nice if it weren't so damn slow...

    --
    Stupidity is an equal opportunity striker.
    Fellow slashdotter Bill Dog
  35. Stop . . . . by DaMattster · · Score: 1

    The damn FUD

  36. Re:Good by jimstapleton · · Score: 1

    Believe it or not, I understand what you are saying and where you are coming from. I understood it before you said it. Now try to understand the other side of the coin. Because I did *NOT* state anything worth such a respons. I may have been a bit emphatic in my wondering about the purpose of such a project, but I did not say that it should be abandoned.

    My biggest problem with so much of open source is that there are a large number of "half-done" quality projects, and so few "fully done" quality projects. I do think that the effort spent on this project could instead be spent on improving the shortcomings of one system or the other, rather than combining the shorcomings into one system.

    I'm sure they have a logic for what they are doing, but I just don't see it.

    --
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  37. Re:as an end-user only... by glwtta · · Score: 1

    Well, the way I see it is this: if I can stick it all together for myself without anybody caring too much, then what's the problem with somebody else doing it for me? ...and lots of other people as well?

    Well, that's the difference between end-use and redistribution, I think you'll find this distinction is made in many circumstances, not just with software.

    I guess what it all boils down to is I just really can't see the point of the billion-and-one different FOSS licenses out there. Even more so when you consider that you can seemingly change from one to another on a whim, or even distribute the same thing under different licenses for different platforms.

    Keeping software Free after you distribute it is a difficult problem, as with most difficult problems several different (and non-optimal) solutions exist. And while there might be a huge number of F/OS licenses, less than half a dozen are widely used - it's not all that difficult to keep track of their differences.

    Of course you can change the license your release under (why wouldn't you be able to?), but the previous versions already released keep their original license. Oh, and you can release products under different licenses even on the same platform, but the users are still required to fully comply with whichever one they are using.

    As other posts have revealed in this discussion you can even (seemingly, I only skim-read it) arbitrarily change the conditions of somebody else's licensing terms...

    That's simply not the case, I'm pretty sure they are talking about a specific provision of that license.

    How about just a mass free-for-all with these conditions:
    1) All FOS produce is to remain credited to its author/s
    2) All FOS produce is to remain FOS
    3) All FOS produce shall be able to be intermingled with other FOS and non-FOS produce without legal issue.


    Well, (1) is the (fairly non-standard) clause in BSD4 that's causing the issue in this case. Many developers feels that places undue burden on large projects with many contributors (and prevents future license changes). (2) what is FOS? People have very different definitions, hence the proliferation of licenses. (3) easier said than done, and certainly conflicts with (2) more often than not.

    --
    sic transit gloria mundi
  38. And the answer is... by ByTor-2112 · · Score: 2, Informative

    http://lists.freebsd.org/pipermail/cvs-src/2007-Ja nuary/073415.html

    All this painful discussion over what is probably a non-issue? Don't you just love this brave new world of 30 blogs linking to each other creating an artificial buzz/panic? Is this a case of premature eblogulation?

    1. Re:And the answer is... by diabme69 · · Score: 1

      If you RTFA you would see that the problem isn't with programs that had copyright assigned to UCB, the problem was with programs that changed UCB to their own name/company. UCB's retraction doesn't cover them.

    2. Re:And the answer is... by ByTor-2112 · · Score: 1

      After that commit and several subsequent commits, all the license advertising clauses will be taken care of. My point is that if all these people weren't blogging about other blogs commenting on blogging bloggity blog blog blog (I hate blogs, can you tell?) and screaming about the sky is falling with statements like "DEVELOPMENT IS IMMEDIATELY HALTED", these problems could be fixed without such a raucous discussion.

      Sometimes the holier-than-thou graduates of the Stallman School of Licenses fanatics seem like they want to play the "0-day license exploit" game and shoot off their mouths about tiny issues in an attempt to create additional fervor over their favored license.

      But that's just my opinion!

    3. Re:And the answer is... by ByTor-2112 · · Score: 1

      Bloggers are like the guys that do "Reply to all" with every damn e-mail, or copy 50 people who shouldn't be. You know who you are.

  39. Useful tools by SanityInAnarchy · · Score: 1

    One example given was start-stop-daemon, which is just a useful little tool for init scripts. Would be absolutely mindlessly easy to replicate, but would still be annoying as hell if there were licensing issues -- practically every Gentoo init script (even on Linux) uses it.

    --
    Don't thank God, thank a doctor!
  40. closed source does have another advantage by ftobin · · Score: 1

    Your argument, in general, is correct. Closed source licenses are overall more strict in their allowances than open source. However, another important advantage that closed source licenses have is that they usually have one entity that is in control of the copyright. This allows one point of contact for re-negotiating the license, and possibly paying the owner for personal or business license. If there are many copyright owners for a software project, this is unfeasible.

    Some open source software tries to follow the same route, mandating that all copyright be turned over, but even if this does happen, there is an assumption on the part of contributors that their software will remain open source, and not be taken closed; this can generate ill-will if it occurs. This makes it so even though there is a copyright transfer, the primary copyright owner will be unwilling to wield this power to relicense the product.

  41. Re:Good by irc.goatse.cx+troll · · Score: 1

    I had what you were referring to ~6 years ago. Slackware with /usr/ports from freebsd (there was a sourceforge project for /usr/ports that worked on linux. Slashdot ran a story on it, way back when).

    Having said that.. It really wasn't worth it. Compared to my current Debian machines, I'd take apt hands down. Scripted source base distros are pointless unless you're modifying the sourcecode-- The optimizations are negligible (or lost due to the compile time exceeding the saved execution time) and as far as ease of use... Apt wins hands down. Want to go ahead and customize something? Apt-get source.

    --
    Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
  42. Re:Trouble in paradise by Hatta · · Score: 1

    As far as I'm concerned, use of public domain material in a program puts that program into the public domain also.

    You'd be wrong. In any case, the proper response to Microsoft or whoever "stealing" public domain code is, "Good! I hope it works well for them." It doesn't cost you anything if they use your public domain code (now THAT's an oxymoron), so you really shouldn't expect anything in return.

    --
    Give me Classic Slashdot or give me death!
  43. Re:Good by Hatta · · Score: 1

    Really, what is the point of Gentoo/FreeBSD anyway?

    Fun?

    --
    Give me Classic Slashdot or give me death!
  44. Re:as an end-user only... by Hatta · · Score: 1

    Anybody want to explain to me why I (as a user only) should care?

    Because if the people who develop your software get sued for license violations, they won't develop your software any more. And that's some seriously unfunky shit right there.

    --
    Give me Classic Slashdot or give me death!
  45. Re:That's awesome by Schraegstrichpunkt · · Score: 1

    WTF are you talking about? Yeah, Linux is only a kernel. That's a problem the various distros take care of. What's your point?

  46. Re:Good by laffer1 · · Score: 1

    EVERY BSD has GPL and LGPL code in it. What do I mean? What system compiler do we use? Trust me, there are GNU userland components. Obviously, with the goal of my project I take offense to this GPL + BSD = EVIL philosophy. I much prefer BSD licensed code, but there is not much choice when you get to window managers, toolkits and things for x11 nor with system compilers. There are also benefits to gcc (or some)compiler as a standard across platforms.

    So just remember that OpenBSD, FreeBSD, NetBSD, DragonFlyBSD and MidnightBSD all contain source under several different licenses. If you count various clause BSD licenses its even more strange. PHK has released parts under the beerware license as well. PHKMalloc for instance...

    Regardless of the camp you're on, software licenses prohibit the use of code across open source projects. This is yet another example. The only solution for them is to either 1. get permission or 2. rewrite it just as bsd 4.4 lite had to be done. At which point, it will cease to be FreeBSD unless they also adopt the code which they can't since it will probably be GPL.

    If you think userland is bad, try to figure out what you can distribute in ports on cd, ftp, etc. (packages)

    Someone please write a good x11 toolkit with a BSD license so we can build our own stuff! There are a few if you google it, but they are not very good or recent.

  47. Re:That's awesome by Anonymous Coward · · Score: 1, Insightful

    but yet, through the sheer mass of momentum and the number of devs supporting it, linux still has better driver support than opensolaris. just look at network card support - linux support beats solaris hands down. there are even entire categories solaris does not support (usb wifi).

  48. Re:Trouble in paradise by iminplaya · · Score: 1

    If the makers of Autocad and Photoshop had "widespread use" as their top priority, they'd also put their programs in the public domain rather than charging hundreds of dollars per copy.

    Well, they do allow it to be pirated very easily. And that's because they want maintain "mindshare". If they didn't want this, they would require things like hardware dongles like Avid and Pro Tools do (or did).

    ...it's not our place to decide any more than it's our place to dictate the pricing on other peoples' commercial software.

    Nobody has the right to deny me the use of divulged information. The law notwithstanding, once it's out, it belongs to everybody, just like a stray dog. It is absurd to put information on a leash. And I consider that to be theft.

    --
    What?
  49. Re:Trouble in paradise by iminplaya · · Score: 1

    That's precisely the response I would offer up. What I'm claiming is the right to use the program that contains public domain code.

    --
    What?
  50. Re:Trouble in paradise by iminplaya · · Score: 1

    Yes he is, and now, like every other movement, it's starting to fragment because, like everything else, everybody thinks "my way or the highway". It may settle out in a while, but only for a short time before licensing or other legal stupidities will raise its ugly head again and again. His strategy is a short term one. Only the complete abolishment of IP law can and will possibly bring a lasting solution. And I'm not sure if I would want him to have any real power over how information is distributed any more than anybody else in such a position. Nobody should have that kind of power. So far now, while he's the underdog, he's serving us all a great purpose. But I don't want to see crap like "compulsory licensing" and such. All distribution methods must be completely voluntary in every fashion. My "strategy" to bring all this about is to simply neutralize the weapons being used to enforce IP law :-) EMP will take out the electronic stuff. The mechanical weapons are a bit more difficult. Maybe a giant Telsa coil to eletricify and melt them down right on the spot, or make it rain thermite. Whatever it takes without having to kill people.

    ...and you're just making irrelevant noises about how you'd like to pretend that the system doesn't exist.

    You mean the same way people pretend that their money has real value? Our whole system is completely dependent on what we believe. Our faith is the only thing that keeps it running. So it can all change the instant we want it to. The system is easy to change. The people running it(all of us) are another story.

    --
    What?
  51. Re:as an end-user only... by Carik · · Score: 1

    Nonsense.

    I don't give a damn what the license says as long as it doesn't restrict my use of the OS.

    What I DO give a damn about is that the OS runs well on my hardware, and does what I want it to do. At the moment, for most of my daily applications, that means I run linux or BSD.

    If all I cared about was the license, I'd go back to pen and paper, which puts no artificial usage restrictions on me at all. Your comment shouldn't have been modded insightful: it should have been modded "-1; elitist jackass."

  52. Re:as an end-user only... by iainl · · Score: 2, Interesting

    If it's against the license, distributing it is illegal. If you don't care about illegal distribution, you might as well be using pirated software.

    By all means use Linux or BSD because they suit the job better. I kinda leapt to the conclusion that Vista would do just as well if you're claiming to be an archetypal "End User" who doesn't have to do anything serious with the box, as that's what I thought the initial post was implying.

    --
    "I Know You Are But What Am I?"
  53. Tempest in a teapot by stefanb · · Score: 1

    FreeBSD already corrected the license:

    imp 2007-01-08 17:35:36 UTC

    FreeBSD src repository

    Modified files:
    lib/libkvm kvm.3 kvm.c kvm.h kvm_amd64.c kvm_file.c kvm_geterr.3 kvm_getfiles.3 kvm_getloadavg.3 kvm_getloadavg.c kvm_getprocs.3 kvm_i386.c kvm_nlist.3 kvm_open.3 kvm_private.h kvm_proc.c kvm_read.3 kvm_sparc.c kvm_sparc64.c

    Log:
    Remove the advertising clause. UCB did this some time ago, but these files were never updated to reflect that.

    MFC After: 2 days

    Revision Changes Path
    1.15 +0 -4 src/lib/libkvm/kvm.3
    1.30 +0 -4 src/lib/libkvm/kvm.c...

  54. Re:So, if I am an idiot by innocent_white_lamb · · Score: 1

    Yup. And after you make the list ten times longer, what space is left for you to include the advertising that you intended to do for your product/company?
     
    You have to purchase a full-page ad in the paper just to mention " Eat at Joe's! And by the way, we use the following software to assemble your sandwich..."

    --
    If you're a zombie and you know it, bite your friend!
  55. Field Upgrade by draco_00 · · Score: 1

    I think everyone has got their panties in a knot over this!!

    Just stick w/ 6.1 and then field upgrade w/ a make world.

    Problem solved...

    There's a little devil inside all of us.

  56. Re:as an end-user only... by castle · · Score: 1

    Exactly the point I was about to make, I really came to understand this when XFree86 went the way of the dodo by taking on this provision in its license, It was a really good thing that freedesktop.org picked up the pieces and kept X from stagnating in the BSD attribution mess that would have followed.

  57. Re:Good by cparker15 · · Score: 1

    I am an avid free software supporter and I completely agree with you. Instead of everyone forking projects or creating five different beta quality solutions that all aim to accomplish the same thing, everyone should be pooling their resources together to perfect the projects that are already out there. We should have a handful of mainstream distributions. Ideally, we'd only have one base "meta-distribution" with other special-purpose distributions building off of the base, and everyone working on a distribution would be combining all of their efforts into one big massive distribution effort.

    GNOME / KDE? It seems like they're going in the same directions. Why not just merge the two and create a very, very good desktop environment instead of two good ones? They do the same things, just a little bit differently. With all of the advances in i18n and the like, I'm sure the developers could add extra customization "switches" in the meta-environment to make it behave the way people expect. The same thing with Enlightenment. Or Amarok / Rhythmbox. Or Xine / Mplayer. Or Galeon / Konqueror. Or HURD / Linux. Or ...

    Instead of starting all new projects and being counterproductive, why don't we all "just get along"? Think of all the work and all the progress made with "rival" free software applications. Now just imagine how much further along / stable / more advanced they'd be if all of that work were done on one project instead of two, three, four...

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  58. Do not taunt HappyFunBSD by billstewart · · Score: 1
    The advertising clause really was obnoxious, as opposed to the "Keep my name in your code" parts and the "It's Not My *Fault*" parts, which were fairly reasonable even though RMS didn't really like them. I don't mind reading all the license stuff if I want to hack the code, but I'd rather not have to read it on some splash-screen or dialog box every time the program starts up, and I certainly don't want to have to read it on every piece of advertising literature about the product.

    One thing I really like about "Keep my name in your code" and related kinds of license variants is it gives you some kind of crude mandatory source control - if you have to indicate that you've modified the code, that makes it easier to track and fix things, or at least if you don't put your name in the code, nobody should have to track you down and get permission for later license changes or whatever.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  59. Re:Trouble in paradise by Toba82 · · Score: 1

    I wish I had mod points for you.

    --
    I pretend to know more than I really do by mooching off google and wikipedia.
  60. Potential problem is with the GPL, not the BSDL. by argent · · Score: 1

    Even assuming that the worst-case interpretation of the original BSDL holds (and, remember, it only requires acknowledgment when you mention features of the product... you do NOT have to include every copyright notice in every document), it's the GPL that deliberately restricts what clauses other licenses can include, and in this case it's a fruitless attempt... trademark law can be used to impose the same requirements on a package.

    For example, Linux is trademarked and requires attribution.

  61. Here we go again. by nurb432 · · Score: 1

    Personally im sick and tired of this 'IP' garbage.

    The next person that threatens a suit should be shot on sight.

    --
    ---- Booth was a patriot ----
  62. Re:Trouble in paradise by smash · · Score: 2, Insightful
    You'd be wrong. In any case, the proper response to Microsoft or whoever "stealing" public domain code is, "Good! I hope it works well for them." It doesn't cost you anything if they use your public domain code (now THAT's an oxymoron), so you really shouldn't expect anything in return.

    Hoorah, the first time I've actually seen a post by someone else who understands the BSD-license way of thinking.

    Commercial use of my BSD code does not remove my BSD code from distribution. If someone paid coders to improve it, they deserve the right to sell their improved version.

    The difference between GPL and BSD is that GPL is a politically motivated license bent on taking over the software industry. BSD is a license in the interests if improving the quality of software in all segments of the market (by stopping wheel re-invention).

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  63. Re:wow, great "free" software by Brandybuck · · Score: 1

    The GPL is incompatible with all other licenses. Deliberately and by design. When people talk about GPL compatibility, what they really mean is a license that allows relicensing under the GPL.

    --
    Don't blame me, I didn't vote for either of them!
  64. Re:Trouble in paradise by tinkertim · · Score: 1

    >> >> As far as I'm concerned, use of public domain material in a program puts that program into the public domain
    >> >> also.

    >> The lawyers would disagree. This is why we have copyleft in the form of the GNU GPL.

    Where, oh where did the days go where you could write something like this in the header of your code and it would suffice? : /*
      * Program to dominate the world.
      * If your cat goes psycotic and slits your throat while you sleep, or gets your fish pregnant,
      * I'm not responsible. This comes with no warranty.
      * Hereby donated to the public domain in hopes that someone finds it useful
      * If you use this, I'd appreciate an e-mail at blah@blahblah.blah
      *
      * Revision notes :
      * blah blah blah
    */

    That system worked so well for so long. Can someone, please tell me why someone can't release code freely, without copyright or any obligation for anything on the user's end? I mean you can, but unless you slap a well accepted license (thats prone to be incompatable with some other license) on it, nobody uses it for fear of it not having a license.

    For free software I think this is just completely absurd. Is this a result of ego-vating instead of innovating, or did we just leave the lawyers alone in a room together a few minutes too long?

  65. Re:Trouble in paradise by tinkertim · · Score: 1

    Better yet folks , here's a more down to the (real) world example and question.

    Lets say, I write something trivial.. lets say its a backup utility similar to something else thats included in open source distros, however I decided that the world could use a version with less bloat and better loggging. So I wrote one from scratch with this header : // /*
      * Backup Utility Version 1.0
      * By John Q Public, Written January 2007
      * This program is not copyrighted in any way, and is hereby donated to the public domain without warranty
      * of any kind, in hopes someone finds it useful.
      * Bug reports : john@qpublic.com
    */ ... program code

    Now, to distribute this, I don't zip it, or tar it .. I simply link to it in my blog (say its just a single .c file) and give instructions in the header on how to compile it.

    If XYZ Linux distro , that is distributed under the xyz license wanted to pick it up, it couldn't .. because there is no clear license for it.

    Can someone, please .. explain to me why something *must* be licensed and copyrighted to be included in free OS distributions? Or am I completely misunderstanding the current hype and debate over licensing? This isn't flamebait, I don't want to start an argument, I honestly want to know what license is compatable with what , what licenses don't allow for uncopyrighted or unlicensed code, and a general indication of why not.

    Link to something useful on the matter, anyone? Preferably one not riddled with legal-ese? I'm really trying to understand this, and I think the absurdity of it is preventing me from doing so.

    Thanks to anyone in advance who can answer here, or give a link.. and I don't think I'm the only one who is thoroughly confused.

  66. "clean interface"??? by r00t · · Score: 2, Informative

    Dude, you're dumpster diving in KERNEL MEMORY without any locking whatsoever. The data structures are changing as you examine them. A location holding a pointer to a process structure can suddenly change to hold a pointer to the read port of a hardware device FIFO, with any read you do being destructive by stealing the data. Even a page of memory can get remapped at any moment.

    Also, this ties you to a specific version of the kernel. It ties you to a specific patch level. If ever Apple changes the layout of a kernel data structure, you're screwed.

    You call this clean??? Uh...

    In your mind, what exactly does it take for an interface to be dirty? I'd love to see a few examples.

  67. Re:Good by menkhaura · · Score: 1

    Thanks for the hint! It must be a new distro, I've never heard about it before. For those who want to try it out, here is the link. I'll install it over the next weekend (although I'm a little old [25, but I've seen quite a lot distros] to test new Linux distros, I've got a brand new 250 gig HDD just screaming to be ext3fsed (heh... English is a nice language to make new verbs...)

    Thanks again from Brazil!

    --
    Stupidity is an equal opportunity striker.
    Fellow slashdotter Bill Dog
  68. Re:Trouble in paradise by hunterx11 · · Score: 1

    Can someone, please .. explain to me why something *must* be licensed and copyrighted to be included in free OS distributions Perhaps it is because in the U.S. there is no statutory definition of how to dedicate works to the public domain.
    --
    English is easier said than done.
  69. Re:Trouble in paradise by tinkertim · · Score: 1

    >> Perhaps it is because in the U.S. there is no statutory definition of how to dedicate works to the public
    >> domain.

    I, like many people first found C through snippets and skeletal code on the network that predicated usenet, all of them were 'public domain'..

    Where did it go? I don't mean to sound like a dinosaur with a bad memory, but could someone shed some light on exactly where, at what point things got .. (for lack of a better word) .. nuts? Is there one precedent that started it?

    Thanks :)

  70. This entire idea is moot. by Eivind+Eklund · · Score: 1
    This stuff is based on a legal idea that I consider to be incorrect: That the GPL is compatible with a 3-clause BSD license.

    The assumption here is that reproducing the 3-clause BSD license goes under the first clause of the GPL: 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. However, the BSD license includes more than just the disclaimer and copyright, specifically (for a 3-clause variant): 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. Reproducing the license in documentation can in practice be a significant restriction, something a coorporation I've worked for has noticed when we were working on an embedded device based on BSD source code. Reproduction of all these disclaimers (as opposed to keeping them just in the source code) is an additional restriction compared to the GPL, which is in violation of the GPL section 6: 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

    To me, this sums up to "GPL and BSD licenses are not compatible, period."

    Eivind.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  71. Re:Trouble in paradise by hunterx11 · · Score: 1

    If you want a date, it would probably be March 1, 1989, when the U.S. adopted the Berne Convention. They were actually a little late, as it was first adopted by many European nations in 1886. In fact, the U.S. was once in some respects a sort of haven for piracy like China is today.

    --
    English is easier said than done.