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Torvalds "Pretty Pleased" With Latest GPLv3

Novus Ordo Seclorum writes "According to CNet, Linus Torvalds is 'pretty pleased' with the current GPL v3 draft. He said, 'Unlike the earlier drafts, it at least seems to not sully the good name of the GPL any more.' After his earlier criticism, some had questioned whether such controversies would lead to rifts in the community, especially if the kernel ended up under a different license than the GNU tools. But with the latest revisions, Linus will entertain moving the kernel over to the GPL v3."

23 of 295 comments (clear)

  1. Interesting.. by xENoLocO · · Score: 4, Funny

    ...and this whole time I was losing sleep on whether linus would be pleased.

    Slow news day? :)

    --
    "The need to build the internet comes from something inside us, something programmed... something we can't resist."
    1. Re:Interesting.. by itsdapead · · Score: 4, Informative

      Slow news day? :)

      No, vitally important news for the future of the free/open source software movement day.

      The linux kernel is pretty important to (duh) most linux distributions. However, so is a load of Free Software Foundation-controlled stuff, not least the compilers, make tools, standard C libraries, and shedloads of userland utilities from the "ls" command through to EMACS... plus the GPL license itself. If the two factions fall out then it can only be bad for Linux and other FOSS.

      Slighty satirized and only approximately true capsule summary of the problem:

      The FSF wants - quite badly - to move to the GPLv3 to prevent "TiVOization" (using GPL code in a hardware device but with DRM-type tricks that stops users changing the code) and, more recently, to stop future Novell/Microsoft FUD campaigns.

      Linus and other linux kernel contributors want - quite badly - to keep the GPLv2 because:

      1. if it ain't broke, don't fix it;
      2. TiVO etc. may be irksome but isn't worth the risk of "fixing" the GPLv2 (as programmers they understand this!)
      3. Did we mention "If it aint broke, don't fix it"?
      4. Previous drafts of the GPLv3 contained scary-sounding clauses about patents and use of encryption that, whatever their intention or precise legal meaning, would have had commercial GPL users running for the long grass.
      5. Unlike FSF, "Linux" doesn't ask contributors to hand over copyright - so while FSF can change the license for the next version of gcc at the stroke of a pen, "Linux" can't change the license on the kernel without getting approval from hundreds of people, some of whom have inevitably emmigrated, died, gone to jail or, tragically, got jobs at Microsoft.
      6. "Look, I was up burning the midday oil the other week because I decided to 'just fix' some code that wasn't really that broken so, take it from me, if it ain't seriously broke don't fix it!"

      The pro-FSF lobby countered these concerns with:

      1. Trust us, we're lawyers and academics
      2. Feel free to comment on the detailed wording but we're not changing our mind about the principles
      3. If you're against GPLv3 you must be for software patents and TiVOization

      At which point ISTR Linus (or someone claiming to be he) said a Bad Word on Groklaw and PJ made him go and stand in the Naughty Corner until he had learned to control his potty mouth :-)

      Then when the new draft of the GPLv3 appears it turns out that although the FSF have stuck to their guns they have been listening and have done some substantial re-drafting.

      If Linus and the FSF are talking nicely again it can only be good news - even if Groklaw's swear box takings go down.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    2. Re:Interesting.. by squiggleslash · · Score: 5, Interesting

      That's a pretty slanted view of what happened.

      The FSF's issues concerned more than just TiVo, software patents were another major issue. Fundamentally though, the main issue is that there's a lot of licensing forking going on. The GPL is broken. If it wasn't, the MPL, CDDL, and custom licenses for projects like Apache, wouldn't exist.

      And the biggest problem with multiple copyleft licenses is that it undermines software freedom. If you can't mix code from one free software project in another, then how are they both "free"?

      Critics of the FSF countered that this was all the GPLs fault, because, erm, it's copyleft and the others are n... well, erm, the problem is copyleft, and the GPL invented that, and nobody else wante... oh wait, well, er, RMS is a dirty smelly hippy! Yeah!

      The FSF recognized there is an issue, and went forward and tried to create a set of licenses (it's important to note that both the GPL and LGPL are being modified here) that anyone who believes in free software could find common ground with.

      Whereupon Torvalds threw a fit, because he'd fucked up. Seriously fucked up. Early on in Linux development, he settled on the GPLv2, but didn't like one commonly included licensing mechanism, the ability to use future versions of the GPL. By itself, that's fine, trusting a third party to always put out fair licenses is a massive mistake, but where Torvalds screwed up was in not replacing it. He just took it out. It's like seeing:

      i = int_add_function(i, 1);

      in some code, and deciding that it sucks, and it's hideous, and it's really going to have side effects and stuff that are unpredictable, and God knows why someone would put it in, and deciding to remove the damned line instead of replacing it with "i++;"

      Essentially Torvalds replaced a clause allowing for future upgrades with nothing whatsoever, which means that it's going to be very, very, very hard indeed to ever upgrade the license of the Linux kernel, no matter how necessary.

      So he made up some spurious complaints about the draft. They were nonsense. In some cases his complaints were even that it was somehow a violation of the spirit of the GPL to outlaw ways of making it illegal to modify software (such as use of the DMCA.) The FSF has had to seriously water down one important clause, and rewrite another so it's obvious even to a anti-FSF zealot that Torvalds was full of shit.

      After the revision, even Linus has realized that he's going to be laughed at if he makes the same complaints, so now he's trying to look magnanimous while simultaneously dissing it. Yes, contrary to the headline, he's saying he still doesn't like it.

      Meanwhile, the rest of the free software (and open source) communities look on with amazement and sadness. Looks like there's less chance than ever of us settling on common hard-copyleft and soft-copyleft licenses for software we feel should be copylefted. Instead it's more likely that GPLv3 will just add to the mess of licenses that aren't compatible with other licenses.

      And if Torvalds had just said from the start, "Hey guys, great idea and everything, but just to let you know, I fucked up with the Linux kernel licensing so it's not going to happen with my project", the project itself may, instead of being compromised by the FSF jumping through hoops to satisfy one egomaniac with no great interest in the free software movement to begin with, be the universal set of licenses we wanted to begin with.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Interesting.. by marcosdumay · · Score: 5, Insightful

      "The pro-FSF lobby countered these concerns with:

      1. Trust us, we're lawyers and academics
      2. Feel free to comment on the detailed wording but we're not changing our mind about the principles
      3. If you're against GPLv3 you must be for software patents and TiVOization"

      Let's not forget the FSF style concern 0:

      0. It IS broken.

  2. Re:viral by rehabdoll · · Score: 5, Informative

    the gpl is not viral. Also, its just a license. If the copyright holder wants to he can relicense it to whatever he wants.

  3. Misleading summary? by penp · · Score: 4, Informative
    If you actually read the article, he specifies:

    "Whether it's actually a better license than the GPLv2, I'm still a bit skeptical, but at least it's now 'I'm skeptical' rather than 'Hell no!'" I just think the summary of this article is a bit misleading. It makes it sound like he's completely for switching to the GPLv3, when after reading the article I found he's still a bit skeptical.

    Torvalds was noncommittal about whether he might try to move the Linux kernel to GPL 3--a change that would require the permission not just of Torvalds but also of all other Linux kernel copyright holders. But he didn't rule it out. "The current draft makes me think it's at least a possibility in theory, but whether it's practical and worth it is a totally different thing," he said. "Practically speaking, it would involve a lot of work to make sure everything relevant is GPLv3-compatible even if we decided that the GPL 3 is OK."
    1. Re:Misleading summary? by kripkenstein · · Score: 4, Insightful

      How is it misleading? The summary says "But with the latest revisions, Linus will entertain moving the kernel over to the GPL v3" - which means pretty much what the quote of Linus you gave says, "The current draft makes me think it's at least a possibility in theory, but whether it's practical and worth it is a totally different thing."

      How are these significantly different?

  4. They have no idea.. by dgr73 · · Score: 4, Funny

    on how to get a Finn to see your point in negotiations. It's easy:

    1. Invite the Finn to a sauna that's been heated to a 120C

    2. Help him down a case of beer and 2 litres of vodka while enjoying the sauna for 4-5 hours

    If you are still able to make your case after this, you will find the Finn much more appreciative of your point of view.

  5. Re:Move over? by ZachPruckowski · · Score: 4, Informative

    Parts of the kernel are licensed "GPL version 2 or later" (which can roll over automatically), and a lot of the lines of code are owned by a few large companies. So you can get a large percentage of the code just by getting Red Hat, IBM, Intel, Novell, etc. on board. That's not all the code, but it would represent a substantial amount of the code without having to go "door to door" with the contributors.

  6. Most interesting scenario is Linux + Solaris by starseeker · · Score: 4, Insightful

    While Linus Torvalds is not the sole copyright holder of the Linux kernel, it cannot be denied that an "official" project to shift the kernel from GPLv2 to GPLv3 would open up some interesting possibilities.

    One immediate question I would have is whether he would leave in the "or any later version" clause this time or remove it again. If he does that we might have to go through this whole mess again in another 15 years, but maybe that's the idea.

    Linux as GPL3 only becomes of true importance if OpenSolaris also becomes GPL3. If that is the case, there could be an immediate and dramatic improvement seen in both projects as the code starts to flow both ways. OpenSolaris could start to take advantage of the driver code in Linux (or at least, use it to make the code Solaris would need) and Linux could start working on goodies like Dtrace support. Mutually beneficial, and everyone wins.

    Of course, there is no reason beyond speculation to think Solaris will use GPL3. The situation is potentially very exciting, but it would require both Solaris and Linux to move from their current license and neither decision will be made lightly.

    Fingers crossed...

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:Most interesting scenario is Linux + Solaris by russotto · · Score: 4, Interesting

      One immediate question I would have is whether he would leave in the "or any later version" clause this time or remove it again. If he does that we might have to go through this whole mess again in another 15 years, but maybe that's the idea.
      IMO, it doesn't make sense to leave in the "or any later version" clause unless you either ARE the FSF, or you trust the FSF completely. Linus clearly doesn't fit either of those two criteria.
    2. Re:Most interesting scenario is Linux + Solaris by Ed+Avis · · Score: 4, Insightful

      You don't have to trust the FSF completely, since even if they release a truly terrible new version of the GPL, the older ones can still be used. About the 'worst' thing the FSF could do would be to say that GPLv4 will be a permissive licence allowing anything.

      Unless you have strong feelings that the current version of the GPL is the only right one, it's an easier life for everyone to leave in the 'or any later version' language. I don't agree with everything the FSF does, and in particular I think that trying to retrospectively punish Novell for their patent deal with Microsoft is a bad idea, but in the wider interests of free software we should try to keep in step with the FSF and not have a proliferation of different GPL versions making code sharing awkward.

      --
      -- Ed Avis ed@membled.com
  7. Re:viral by BlueTrin · · Score: 4, Insightful

    Commercial licenses are also viral, most of licenses do NOT allow you to redistribute/resell products using their tools/librairies, unless you pay an extravagant fee.

    People who try to scare you when saying that the GPL is viral are the same ones who put patents over their code and resell you their tools for a fee.

    --
    Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
  8. About time! by SanityInAnarchy · · Score: 4, Insightful

    I still don't feel that Linus "gets it" about GPLv3. I'm still not entirely sure about GPLv3 myself, and I should probably go back and read a draft.

    But, at least now it's obvious he's reading and comprehending. He may still disagree with it, and I disagree with him, but it looks like they're talking now.

    Which is more than I can say about the last round of flamewars... Last time, he honestly sounded like a Slashdotter who hadn't bothered to RTFA, just repeating the same unfounded arguments, some of which were blatantly wrong to anyone who actually read the license...

    --
    Don't thank God, thank a doctor!
  9. "Pretty Pleased", but... by RealGrouchy · · Score: 5, Funny

    Torvalds may be "Pretty Pleased" with the current draft, but I won't be satisfied with it until Torvalds is "Pretty Pleased with a Cherry On Top."

    - RG>

    --
    Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  10. And... by bnavarro · · Score: 4, Insightful

    Watch how fast Sun becomes "displeased" with the latest GPL3 draft, and considers not open-sourcing Solaris under the GPL3 license.

    Seriously, this is not a troll. I am convinced that the only reason Sun was considering this is because the Linux project was not. There is no chance in hell they want to see any of their kernel code end up inside the Linux kernel.

  11. Re:So who is more powerful? by melikamp · · Score: 4, Funny

    Stallman, obviously, is a half-Human cleric of Lathander and a Divination wizard, while Linus is a pure Gnome Enchanter wizard and has some powerful equipment.

    Sure, Linus has more powerful spells, being a pure class, but, IMHO, Stallman is more powerful because he usually carries the initiative and can cast Silence, which really screws up other casting types.

  12. Both and neither by Anonymous Coward · · Score: 4, Interesting

    Hurd has gone nowhere because imho, it lacks a central genius like Linus. BSD gets 1/10 the development effort of Linux (if that). Many developers are willing to work with a BSD license but most aren't. Most people aren't willing to publish their hard work just so some big company can sell it back to them. Without the GPL, Linux would be a poor second cousin to BSD but neither would be as widespread as Linux has become. Both the GPL (Stallman's creation) and Linus were necessary conditions for the success of Linux.

    Actually, I would add another real-world genius: Eban Moglen, the Columbia University law professor who is the legal brains behind the GPL.
    http://en.wikipedia.org/wiki/Eben_Moglen

  13. Re:Bribed. by morgan_greywolf · · Score: 4, Funny

    No? Who's bigger and more well-known amongst todays geeks: Stallman on Linus? I'll bet there's a bunch of young whippersnappers out there who have never heard of rms. (HEY YOU KIDS, GET OFF MY LAWN!) Compare to Linus. Not since Ken has a hacker been known universally by his first name only. If I say 'Linus' in the context of software, you immediately know I'm talking about the blanket-holding, piano-playing kid in the Peanuts cartoon.

  14. License upgrades by proxy by tepples · · Score: 4, Informative

    One immediate question I would have is whether he would leave in the "or any later version" clause this time or remove it again. The annotated diff between GPLv3 draft 1 and GPLv3 draft 2, page 59, section 14, footnote 103, suggests a new method to handle this: "or any later version approved by Linus Torvalds".
  15. Re:So who is more powerful? by evil_Tak · · Score: 4, Funny

    I suspect Linus might object to his characterization as a Gnome...is there a race that clearly correlates with KDE?

  16. Re:Bribed. by nacturation · · Score: 4, Funny

    I honestly don't see how Linus is that relevant. Linus is like the head priest of the bazaar.
    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  17. It may be possible, if by g2devi · · Score: 4, Interesting

    > Essentially Torvalds replaced a clause allowing for future upgrades with nothing whatsoever,
    > which means that it's going to be very, very, very hard indeed to ever upgrade the license
    > of the Linux kernel, no matter how necessary.

    Not necessarily. It all depends on how code in the kernel is licensed. There are several files in the kernel that are "GPL 2 or above" and several that are MIT/BSD licensed and several that are LGPL.

    Currently, the kernel is "GPL 2 only" because mixing a single "GPL 2 only" file with any of the other licenses mentioned above makes the whole kernel "GPL 2 only".

    The key question is: What percentage of the code is GPL 2 only? (I believe LWN.net did an analysis a few months back, but unfortunately I can't find a reference. Does anyone have one?)

    If the percentage of GPL 2 only code is small (say 5%) and it's in a noncritical area or can be rewritten quickly or relicensed by the original authors (i.e. they're still around like Linus is) or replaced with other sources like the FreeBSD code or the Solaris kernel (when it goes GPLv3), then changing over to GPL v3 (or at least GPL 2 or above) should be fast.

    But even if this were the case, I wouldn't expect any immediate changes. The GPL v3 needs to be out in the field and kernel developers need to feel comfortable with it and see advantages for it (e.g. Solaris-Linux code sharing) before they'd even consider a switch. That could take a few years.