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GPL Code Found In OpenBSD Wireless Driver

NormalVisual writes "The mailing lists were buzzing recently when Michael Buesch, one of the maintainers for the GPL'd bc43xx Broadcom wireless chip driver project, called the OpenBSD folks to task for apparently including code without permission from his project in the OpenBSD bcw project, which aims to provide functionality with Broadcom wireless chips under that OS. It seems that the problem has been resolved for now with the BSD driver author totally giving up on the project and Theo De Raadt taking the position that Buesch's posts on the subject were 'inhuman.'" More commentary from the BSD community is over at undeadly.org.

671 comments

  1. Summary: Theo went over the top by Bruce+Perens · · Score: 5, Informative
    This was discussed on Technocrat a few days ago. Apparently the Linux kernel developer did not wish Broadcom to take advantage of his work in proprietary products. Given Broadcom's record of having a number of undocumented, closed-driver-only products that we have to reverse-engineer, and having some proprietary drivers that IMO violate the GPL on the kernel, I can see why he'd feel that way. The BSD developer was an accomplished BSD committer and should have known better. The Linux developer offered to relicense some of his code under BSD. Theo decided to turn it into a human-rights issue with great flamag. The BSD developer walked off in a huff.

    The whole thing lasted two days, much less than the blog and news coverage. Someone will come along and write this driver for BSD, and the BSD developer will have some well-deserved cooling-off time.

    Bruce

    1. Re:Summary: Theo went over the top by Mr.+Flibble · · Score: 5, Funny

      Bruce, you can't keep coming in here and providing reasoned commentary. I mean, how will all us slashbots have a good old fashioned flamewar circa 1999? ;)

      --
      Try to hack my 31337 firewall!
    2. Re:Summary: Theo went over the top by Austerity+Empowers · · Score: 5, Interesting

      His position is completely rational for those of us who have worked with Broadcom. Even their closed source stuff is often junk and requires tremendous effort to work around, with poor support and impossible management. Even after signing NDAs and GETTING chip specs or sample code, you're still left out in the dark.

      Anything that manages to get out in the free world needs to stay there, and any reasonable person will do his best to ensure it does. Further, using the GPL as a weapon against Broadcom, forcing them to open up their specs is really to the collective advantage of everyone.

    3. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 4, Informative
      Just don't flame on Technocrat.net . Or do flame, and I'll have no problem using that "delete" button in a way that Tio Paco :-) doesn't do here.

      Actually, there is a time and place for flame wars. Justified anger is better than sitting aside while bad stuff happens. But this particular encounter did not justify the anger Theo displayed.

      Bruce

    4. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      umm, what, you don't go online often? PUBLICALLY emailing about an issue INSTEAD of PRIVATELY emailing is much BETTER than harassing them on the mailing list.

    5. Re:Summary: Theo went over the top by rben · · Score: 4, Insightful

      I think this might have been handled better, but mostly on the BSD side. If they'd "borrowed" code from a corporation, their first notification might have been a lawsuit, not a widely distributed posting.

      It's no surprise that stuff like this gets blown up out of proportion. Quite a few people who work in software, myself included, aren't the most diplomatic types. Still, maturity is ignoring other peoples bad behavior and trying to work out your differences amicably. I think Marcus showed a great deal of restraint. I would have been incredibly angry if I'd been in his situation and I'm not sure I'd have been nearly so forgiving.

      While it maybe a tempest in a teapot, it's a lesson for all of us. We all look like doofuses (how do you spell the plural of doofus?) when we air our grievances in public.

      Take a breath, relax, go have a beer. Then find a way to work together.

      My 1.9888888 cents worth.

      --

      -All that is gold does not glitter - Tolkien
      www.ra

    6. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 4, Insightful
      You know, it's OK to use a GPL driver in BSD code. It causes a phenomenon that the BSD folks really hate, though, which is that the GPL applies to the entire product. But that would have been fine for temporary development. The real problem was the lack of proper attribution of the copyright and license. I see no way for the Linux developer to have rectified that lack other than through a public notice, because it would not have been proper for anyone to be left thinking his code was under the BSD license. It was his right to say publicly that it was not. Perhaps he could have contacted Theo privately and gotten him to do so. But given people who react the way Theo sometimes does, I think the best protection one can have is to do everything in the open where others can see.

      Bruce

    7. Re:Summary: Theo went over the top by lysdexia · · Score: 3, Funny

      The plural of "doofus" is "doofusis" (pronounced Doo-Fah-SEE-z). A group of doofasis ruled by a single doofus is a "Doofusate".

      As in: "The prime Doofus among Doofusis in this Doofusate is Lysdexia, since his indoofation was initiated in doofanum 1999."

      It's simple, really.

    8. Re:Summary: Theo went over the top by harlows_monkeys · · Score: 1, Insightful

      Apparently the Linux kernel developer did not wish Broadcom to take advantage of his work in proprietary products

      Just how likely is it that there is anything in the Linux driver that would be useful to Broadcom? Broadcom already has fully functional proprietary drivers for their chips.

    9. Re:Summary: Theo went over the top by Bogtha · · Score: 4, Insightful

      commiting to cvs is not and has never been distribution.

      So if I strip out all the copyright notices from a Vista ISO and commit it to a public CVS repository, it doesn't count as copyright infringement or plagiarism? And I won't have to worry about a nasty lawsuit from Microsoft?

      --
      Bogtha Bogtha Bogtha
    10. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 2, Insightful

      In the purest sense, reverse engineering isn't 'clean room' either. The intent of the GPL wasn't to be protectionist--- but to encourage addition to the entirety of the open-source work it represents. I have no doubt that large portions of the open source GPL driver resembles, if not directly copies, the proprietary driver in many areas. This is simply the nature of device drivers, they are very much restricted by the guidelines of the underlying device they control. I think we're getting into very muddy waters when we start to back the same kind of ridiculous copyright views as major software vendors who are continually trying to squash any kind of open-source code. They seem to feel, every individual piece of code, down to a symbol name, a for loop, or a particular data structure, becomes their property for all time, in every iteration of any software program. This is 'not' the views of the majority of open-source programmers.

            For the majority of the history of human invention, intellectual property has for the most part represented a description of a product in its entirety. By the very nature of mechanics, and machines, and electronics, these items were very much self-descriptive, and very much open to reverse engineering. Upon these ideas, new ideas could be built, improvements made, and different types of machines produced using the prior intellectual property as example. With software, things have changed. To make an analogy of software, to hardware--- it's illegal to open up your television, and to learn how it works. It's illegal to use that broad design, to make something new, and as a whole, different. The entirety of the product is hidden, protected by law from being viewed. The descriptions of the intellectual property describe only what the item is, and lack individual descriptions of the layout and design for the benefit of other inventors. Yet, the property owners claim ownership of every algorithm, the structure of their software, its layout, its design.

            I think the openBSD developers share the same views at the majority of GPL developers about intellectual property. I think they likely aren't as obsessed over clean-room design as major vendors, due to the clear belief that the only end to this kind of restrictive view is the eventual end, and impracticality, of open-source in general. I think, it is a useful tool, that when dealing with software vendors who attack open-source, to use their representation of copyright, to show how they are innately in violation of a great deal of open-source code. This is only to show the overwhelming impracticality of their copyright model. It is true, that through absolutely free open-source, portions of GPLed code can leak into the private sector. But then again--- this is only algorithm, it is only design, it isn't the driver in its entirety. I think adopting this stance, in relation to other open-source code, we're stepping into actually supporting philosophical role we do not want to be in.

    11. Re:Summary: Theo went over the top by Eric+S.+Smith · · Score: 4, Insightful

      Now I don't personally know what kind of development you've been involved in but commiting to cvs is not and has never been distribution.

      If it wasn't being distributed, how was it discovered? Yes, I know, how mean of me to ask.

      On top of that it was a few minor functions and variable names used as placeholders.

      "Didn't do it, and it wasn't wrong, and anyway, it wasn't serious!"

      To put it bluntly, the BSD folks don't want or need viral code polluting their systems.

      It was good enough to inpsire the developer, to take Saint Theo's interpretation.

      Was he totally justified? You're damn straight he was.

      "Just let us rip you off in peace! GPL sucks anyway!"

    12. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 4, Insightful
      Now I don't personally know what kind of development you've been involved in but commiting to cvs is not and has never been distribution.

      Oh? So, if I take my record collection and commit it to a public CVS repository, that's going to be OK with RIAA, then? :-)

      Placing code in a source code repository that is accessable for download by any other legal entity is distribution the moment the first download, or even source-code-browse, occurrs. The fact that it is CVS does not make it the slightest bit different from being a regular public web server.

      Also, it is not necessary for the code to be "released" for it to be distribution. Remember Corel, who thought they didn't have to comply with the GPL as long as it was a beta test?

      The Linux developer had the right to make a public notice that the posted license and copyright statement were not his copyright statement and the correct license. Otherwise, someone, anyone, could have made unlicensed derivative works of his code without knowing any better. A public notice protects unwitting victims like that, as well as the copyright owner.

      Bruce

    13. Re:Summary: Theo went over the top by Reality+Master+101 · · Score: 2, Insightful

      That wasn't going "over the top", that was an out and out psychotic event. I mean, I know it's not news that Theo has a few social limitations, but -- wow. If someone ever wants to demonstrate what Theo is all about, just point them over to that thread. It's never been so clear that Theo is mentally unbalanced.

      And I'm not saying this to be "mean", only that I hope someone in his life eventually convinces him to get him help.

      --
      Sometimes it's best to just let stupid people be stupid.
    14. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 2, Insightful

      commiting to cvs is not and has never been distribution

      That's the same argument that Theo makes when confronted with the copyright infringement accusation, and it's just not true. FTP, HTTP, CVS - as far as copyright law is concerned, they're all the same. The fact that people who really should know better bring up that kind of excuse shows that GPL infringement allegations should be made in a public forum. Only by going public right from the start can you avoid unverifiable "he said this, he said that" exchanges about a non-public prelude. The initial message was reasoned, and reiterated that, while there is a problem, in no way do the developers of the GPL code want to antagonize the BSD developer.

      Even if you object to the CC list, you can't ignore that the friendly but firm intentions are spelt out pretty clearly. Everybody is cutting Theo massive amounts of slack for his tirades in response to the issue ("Theo is being Theo"). How about you cut the GPL developers some slack, especially when the BSD side made the mistake that prompted the mail exchange.

    15. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 5, Funny

      So if I strip out all the copyright notices from a Vista ISO and commit it to a public CVS repository, it doesn't count as copyright infringement or plagiarism? And I won't have to worry about a nasty lawsuit from Microsoft?

      Correct. You are allowed -- nay, encouraged to do so, and post a link here on Slashdot.

    16. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Bruce, please cite the part in the license which was not accepted and therefore is non binding where this phenomenon you speak of happens. GPL cannot infect another project, its a fallacy. Only when you distribute does one of two things happen: you accepted the license, and meet the terms of GPL or you don't, and you are in a copyright violation. This is an allegedly inadvertent :) copyright violation.

    17. Re:Summary: Theo went over the top by Ed+Avis · · Score: 1

      The CVS commit and OpenBSD development happens in public and discussed in public on mailing lists. It seems reasonable for comments about that code (such as 'hey, you might like to know that there is copyright infringement, and here is the evidence') to be public in the same way.

      The Linux developer didn't threaten a lawsuit. He just told the truth.

      --
      -- Ed Avis ed@membled.com
    18. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 2, Insightful

      The real problem was the lack of proper attribution of the copyright and license.

      This would be like the FreeBSD network code in the 2.0.36 Linux Kernel, the Linux Kernel code in the Virgin WebPlayer, the code from the ATA driver taken from FreeBSD and put into Linux or the use of the G4U code in that whatever-it-is GPLed version of G4U?

      I think the best protection one can have is to do everything in the open where others can see.

      Agreeed.

    19. Re:Summary: Theo went over the top by _Sharp'r_ · · Score: 1

      Please specify "OpenBSD" or "OBSD", not just "BSD".

      Theo's antics gives OpenBSD a bad name, but please help keep his image away from reasonable and respectable people, like FreeBSD. :)

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    20. Re:Summary: Theo went over the top by ZorbaTHut · · Score: 3, Informative

      BSD does not require attribution (in fact, that clause was specifically removed.) As long as the license appears somewhere in the project, it's sufficient. (IANAL but this is how I understand it.) On top of that, the BSD license is so open that, if the license did not specify that the license must be included, it really wouldn't be necessary - you can take BSD code and do pretty much whatever you want with it, including add it to a GPL project, or modify it and GPL-license the modifications. (Or, for that matter, not modify it and then provide the original source code under the GPL.)

      The GPL is different in that regards. If I saw GPL code in a BSD project, and the GPL code was not marked as such, I would have no way of knowing that it would be illegal for me to take that code and treat it as BSD code. As such, any GPL code added to a mostly-BSD-licensed project must be marked explicitly as such.

      I don't know what the issue with the Virgin WebPlayer is, but the others are all BSD-licensed code added to a GPL project, which doesn't require any specific notification beyond the BSD license appearing somewhere.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    21. Re:Summary: Theo went over the top by lendude · · Score: 3, Insightful
      Just how likely is it that yourself and the three others who modded this insightful didn't bother to actually acquire some knowledge of why the developer had that view? It's all explained in any number of places, including this post in the thread:

      http://bsd.slashdot.org/comments.pl?sid=229865&cid =18648703

      --
      "Get off the cross - we need the wood" - Tori Amos
    22. Re:Summary: Theo went over the top by ZorbaTHut · · Score: 1

      Correct. It doesn't count as distribution until someone downloads it. If you can prove nobody downloaded it at any point, and that the CVS repository backend was never accessed by anyone besides you, no crime has been committed. Of course, the instant someone downloads it, it's a different situation than the one here and illegal.

      (IANAL, but I believe this is true. That said, whether MS would sue you anyway is an exercise left to the reader.)

      --
      Breaking Into the Industry - A development log about starting a game studio.
    23. Re:Summary: Theo went over the top by bluephone · · Score: 1

      I was thinking the same thing, then I finally looked at the user name. I was amazed Bruce Perens would be slumming around here. He can afford better people to converse with! ;)

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    24. Re:Summary: Theo went over the top by bahwi · · Score: 1

      Are you sure? Sounds like the devs of the gpl didn't even try to contact the original module dev at all, and from Theo's reaction, it's very clear that his reaction was in response to the wide distribution of everything. While it was his right to kick and scream and cry in a public setting, is that the most mature thing to do? You can always start off a public email later with the words, "I have tried to resolve this via personal communications, but..." But not even that, not even a try, gives new meaning to the term GPL nazi's.

    25. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Linux is successful, so taking the anti-Linux, anti-GPL stance is now the cool stance.

    26. Re:Summary: Theo went over the top by TPS+Report · · Score: 2, Insightful

      Apparently the Linux kernel developer did not wish Broadcom to take advantage of his work in proprietary products Just how likely is it that there is anything in the Linux driver that would be useful to Broadcom? Broadcom already has fully functional proprietary drivers for their chips.
      Quality of code, for one. Hey, a Honda Civic is "fully functional", just like a Mercedes S500 is "fully functional". Doesn't mean they're in the same league. From what I understand, the quality of the Broadcom code is junk, and if they were allowed to lift some quality source from the BSD version of their drivers with no strings attached, why not? They're within their rights to use BSD licensed code any way they want, and there's nothing wrong with that. However, in this cse, the author of the GPL code is saying "I caught you lifting chunks of my GPL code for your BSD license. I don't want Broadcom using my work without requiring them to give back, so I'm going to call you out on this." He doesn't want to share with them, because they're jerks about their source and NDA requirements. That's his right.
      --
      I was told that I could listen to the radio at a reasonable volume from nine to eleven...
    27. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Correct. It doesn't count as distribution until someone downloads it. If you can prove nobody downloaded it at any point, and that the CVS repository backend was never accessed by anyone besides you, no crime has been committed.
      Incorrect. It's called "copyright", not "distributionright". Making any copy of Vista, without Microsoft's permission, is illegal.

      If you look at actual copyright law, you will find that there are special exemptions so that copies made in the normal operation of a program are not infringing. Otherwise, you wouldn't be able to run software without permission, because it has to be copied into memory to execute it.
    28. Re:Summary: Theo went over the top by The+Wicked+Priest · · Score: 1

      I vote for "doofi".

      --
      Share and Enjoy: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    29. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Theo de Raadt speaks many languages well.

      Polite English is not one of them. Neither is copyright law: neither is the value of the work of anyone other than his cabal. OpenBSD has suffered for many years from the excessive "we-re techincally clever, therefore we're right about user interfaces, user requirements, and how people should or will use our tools". It shows up sometimes: this is as glaring of such a stupidity as OpenSSH's refusal to provide a chroot cage, because "you shouldn't run an SSH server on an unsecured box".

    30. Re:Summary: Theo went over the top by jcgf · · Score: 0

      Uhh, if the code was written from guessed at specs I don't see how it could be good quality. You can't build a good house from shitty blueprints unless it is a very simple house or you're the luckiest person I know. I'm sure the code is beautifully commented and everything is documented (aren't all open source projects?), but now matter how many "eyes view it" or whatever open source mantra you throw out there it doesn't change the fact that you don't have the specs for the device.

    31. Re:Summary: Theo went over the top by jbolden · · Score: 1

      but commiting to cvs is not and has never been distribution

      Sure it is. I've just taken a copy of code and put it on another server. That's distribution. Worse yet the CVS server is a public distribution server to other servers, which means my intent in putting it on that server isn't merely to make one copy but rather mass distribution.

    32. Re:Summary: Theo went over the top by mr_matticus · · Score: 3, Informative

      That's why statutory laws don't say "distribute" alone. They say "distribution or offer for distribution." Manifest intent to commit a crime with tangible evidence (the equivalent of a signed letter stating that you intend to rob bank X on date Y with weapon Z) is more than enough for law enforcement to take action. If you're stopped before anyone gets hurt, you're still charged--the whole IDEA behind law enforcement is to intercept crimes, to punish crimes that have occurred despite those attempts, and to discourage the incentive to attempt those crimes in the first place by virtue of a good track record and a strong fist of justice.

    33. Re:Summary: Theo went over the top by Eric+S.+Smith · · Score: 3, Insightful

      gives new meaning to the term GPL nazi's.

      Dropping a politely-worded note proposing co-operative effort to a bunch of concerned parties? Yeah, you would need a new meaning for the word "Nazi" before you could use it to describe that.

      What wacky world do Theo's enablers come from that they think it's an aggrieved party's duty to keep an offender's misdeeds secret?

    34. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0
      What wacky world do Theo's enablers come from that they think it's an aggrieved party's duty to keep an offender's misdeeds secret?

      One where there's still such a thing as a hacker ethic.

    35. Re:Summary: Theo went over the top by Antique+Geekmeister · · Score: 1

      I think we may have just found Theo's alias on Slashdot, exept it's not wordy and overblown enough. Like Richard Stallman, people often forgive Theo's personality flaws as the price of his genius: but Richard is far easier to deal with. If you think I'm kidding, go take a look at the Wikipedia article on Theo, especially the first few lines. In December 1994, NetBSD co-founder Theo de Raadt was asked to resign his position as a senior developer and member of the NetBSD core team, and his access to the source code repository was revoked. The reason for this is not wholly clear, although there are claims that it was due to personality clashes within the NetBSD project and on its mailing lists.[2] De Raadt has been criticized for having a sometimes abrasive personality: in his book, Free For All, Peter Wayner claims that de Raadt "began to rub some people the wrong way" before the split from NetBSD;[3] Linus Torvalds has described him as "difficult;"[4] and an interviewer admits to being "apprehensive" before meeting him.[5]

    36. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Does not surprise me that egoBSD, er I mean theo de crybaby would make a big flame out of it. Personally I think egoBSD sucks, and Theo is the reason why... Glad the broadcom egoBSD developer walked away from it..

    37. Re:Summary: Theo went over the top by mackyrae · · Score: 2, Informative

      That's why he said it's okay for temporary development. While it's being developed behind closed doors, so to speak, it's not being distributed, so it's okay. In order for them to distribute it they would have to make the entire thing GPL, or, as you said, it would be copyright violation, and the BSD guys would not like either situation.

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    38. Re:Summary: Theo went over the top by Antique+Geekmeister · · Score: 1

      Oh, no. Just strip out the copyright notices of an important part of OpenSSH (such as the RSA key handling) and include it in a GnuSSH project. Then watch for even more fun as Theo shrieks about stealing "his" code. Then slap him upside the head with the amount of OpenSSH code that is actually taken (admittedly legally!) from the last open-source version of the old ssh source code from ssh.com.

    39. Re:Summary: Theo went over the top by init100 · · Score: 1

      The initial message was reasoned, and reiterated that, while there is a problem, in no way do the developers of the GPL code want to antagonize the BSD developer.

      I agree. But Theo saw this as a chance of antagonizing GPL developers, and he wholeheartedly took it. While cementing his reputation of being a real asshole, he complains that the bc43xx developers are inhumane and lack compassion and empathy. He is really the right guy to complain about that. ;)

    40. Re:Summary: Theo went over the top by hedwards · · Score: 1

      That's not actually true. It depends where the source code is which portions have to be GPLed. If a few lines out of a bit of kernel code compiled into it are GPL, then the entire kernel needs to be GPLed and distributed in accordance with the terms. But the bootloader and the libraries as well as everything else would be completely unaffected.

      The FreeBSD kernel hasn't included any GPL code compiled into it by default for a long time for that reason. The source is included and complies with GPL rules about distribution of their code. A recompiled kernel with GPL code would then fall under the GPL, which tends to be moot because the source code is already being available and custom kernels are not typically distributed widely.

      The same goes for libraries if just one library uses the code then just that library is subjected to the GPL requirements relevant to whatever version of the GPL the code was licensed to.

      The reason why BSD types typically don't like this is simply a matter of complication. Keeping things separated so as to avoid any weird licensing problems like led to this issue.

    41. Re:Summary: Theo went over the top by Overly+Critical+Guy · · Score: 2, Insightful

      What's really funny about all this is that Slashdot is all about advocating piracy under the guise of some anti-RIAA movement (when it's really just fucking over artists), but heaven forbid someone use GPL code. I mean, EULA aren't legally binding, but a GPL text header is? The double standards seem rather self-serving.

      --
      "Sufferin' succotash."
    42. Re:Summary: Theo went over the top by nanosquid · · Score: 1

      Sounds like the devs of the gpl didn't even try to contact the original module dev at all,

      Why should they? The original module developer apparently copied and misrepresented a piece of source code, which means that he can't be trusted.

      While it was his right to kick and scream and cry in a public setting, is that the most mature thing to do?

      He didn't "kick and scream", he sent a clear and well-written message to the mailing list. Not only was it the "most mature" thing to do, it was the right thing to do.

      I think you just don't get in what kind of legal hot water BSD can get through this kind of behavior. Or perhaps you do, which is why you want to sweep it under the rug.

    43. Re:Summary: Theo went over the top by that+this+is+not+und · · Score: 3, Interesting

      It is Bruce Perens' fault that UID numbers are paraded here on Slashdot, leading to an elitist attitude about low UIDs. Back in the day there were people who had fun masquerading as Bruce Perens in some of the threads. It led to taglines saying 'I am the REAL Bruce Perens' and other adventures. Eventually it led to UIDs being explicitly displayed at the top of every comment header. Which was essentially a roll-back of the formerly more egalitarian tone on /. The reason it is Bruce Perens' fault is that he rolled in here and insisted on the ability to capitalize on his 'real name' to get some cred. Oh well. More important to some than to others.

      I am the Real Bruce Perens, by the way. Just kidding.

    44. Re:Summary: Theo went over the top by that+this+is+not+und · · Score: 1

      It causes a phenomenon that the BSD folks really hate, though, which is that the GPL applies to the entire product.

      Said phonomenon goes away as soon as the particular code is replaced and excised. The rest of the code is 'clean' again.

      Which makes the GPLs' viral nature even more explicitly apparent.

    45. Re:Summary: Theo went over the top by that+this+is+not+und · · Score: 0, Flamebait

      and his access to the source code repository was revoked

      Clarification: His 'write' access to CVS was revoked.

      Anybody has access to the source. Bill Gates can hook up a box to the 'net and use anonymous CVS to check out the entire source tree.

      Where's the anonymous CVS to check out the source tree on any prominent Linux project? Not even the kernel??

    46. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      I think there's a difference between someone making a copy of Dark Side of the Moon and someone claiming that they WROTE Dark Side of the Moon. That's what we have here. He took the code and claimed it as his own. That's just not cool any way you slice it.

    47. Re:Summary: Theo went over the top by that+this+is+not+und · · Score: 1

      Based on my outside observations, I feel that the focus of the OpenBSD community, and Theo in particular, can be summed up as: Open full disclosure of EVERYTHING. The OpenBSD community takes it to the point of deploring simplified 'cookbook-style' HOWTO documents telling people how to cobble together a solution. They view it as DANGEROUS for people to be doing things they don't understand. A lot of the flamage that people who wander unknowningly into OpenBSD 'inner sanctuion' discussion threads is because of this.

      Newbie wanders in and asks which specific changes to make to dotfiles to accomplish something. The OpenBSD folks say: read the &*#&$ man page, dude. And they have a point. If newbie can't find it on the man page, newbie should suggest improvements for the man page, not bumble something together, and then write a HOWTO describing how he bumbled something together. Which is, sadly, what the spirit of HOWTO documents teeters on becoming all too often.

      I am not a partisan advocate of the OpenBSD approach, I just think they get unfairly knocked around for their ideology, which has a righteous basis (there we go- righteous. That's a $6 word that will provoke flamage)

      Again, to be clear: I'm not even a spokesperson for the dog sleeping in the next room.

    48. Re:Summary: Theo went over the top by leomekenkamp · · Score: 2, Interesting

      An EULA is not legally binding because it is (illegally) forced on you after the sale of a product, restricting your legal rights. The GPL is not forced on you; if you choose to reject it, normal copyright kicks in. If you choose to accept the GPL you receive additional rights not normally given to you under normal copyright.

      The GPL has been out there for a great number of years. I hope your comment is based on little knowledge on the difference between EULAs and the GPL, and not on intentional putting down the GPL.

      And the RIAA is well known for representing record labels, not artists. Do not let orwellian naming schemes fool you.

      --
      Wenn ist das Nunstueck git und Slotermeyer? Ja! Beiherhund das Oder die Flipperwaldt gersput.
    49. Re:Summary: Theo went over the top by cranos · · Score: 1

      well given that the kernel doesn't use CVS it doesn't have one. On the other hand just grab a copy of git and pull Linus's tree and away you go.

      I know, I know stop feeding the troll.

    50. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Where's the anonymous CVS to check out the source tree on any prominent Linux project? Not even the kernel??

      Uh... what the hell???

      First of all, the kernel developers don't use CVS, they use git, which was written by Linus himself. It works differently from CVS, but it's completely open-source and it keeps the Linux developers productive, and anonymous access to the kernel development repositories is available on kernel.org. It's ridiculous to insinuate that the Linux development process is less open because it doesn't use CVS specifically. Frankly, I think that anyone in their right mind has switched from CVS to SVN these days anyway.

      Secondly, anonymous CVS/SVN is available for *practically every single* prominent open-source project... GNOME, KDE, Apache, gcc, openoffice.org, Xorg, etc as well as all the prominent distros... Fedora, Debian, Ubuntu, SUSE, yadda. None of these can be properly called a "Linux project", though, since the development of the Linux kernel is *independent* of the userland development.

      This is all a bit different from how FreeBSD and OpenBSD work, with centralized development of both the kernel and userland, but it doesn't mean that anonymous source code access is any less prevalent in the Linux world. Yeesh!

      (posting anonymously cuz I've been moderating this thread)
    51. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      He never said anything about a public cvs.

    52. Re:Summary: Theo went over the top by Antique+Geekmeister · · Score: 1

      Would you care to correct the Wikipedia article on that point? I've not played enough with NetBSD to know whether they have a restricted access developer repository, and whether that's what Theo lost: many projects do. I admit it drives me nuts when the public code doesn't include the developer codelines.

    53. Re:Summary: Theo went over the top by timmarhy · · Score: 1

      no big suprises here. what should have been resolved with 3 - 4 emails, Theo turns into a flame fest. the guys a fucking dick, and i 'm sorry for any one stradled with openbsd in their work because he makes anything to do with that OS painful.

      --
      If you mod me down, I will become more powerful than you can imagine....
    54. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      Someone up Theo's medication and send him a case of adolescent-sized Pampers.

        he's lurking in the code is one of the reasons I refuse to use BSD. Way too many tantrums and childish "stunts".

    55. Re:Summary: Theo went over the top by ocelotbob · · Score: 1

      Well, git is old fashioned and a lot of people consider it deprecated. But, if you want, you can get the kernel from git.kernel.org via git. What's your next question?

      --

      Marxism is the opiate of dumbasses

    56. Re:Summary: Theo went over the top by rho · · Score: 2, Interesting

      Having read the thread--was Michael's *very* public outing of the violation justified? Or would it have been solved easier and with less drama with a simple email to Marcus alone?

      'Cause that was Theo's point.

      --
      Potato chips are a by-yourself food.
    57. Re:Summary: Theo went over the top by kjs3 · · Score: 1

      Theo being a raging, irrational douche? Gosh, that's a shocker...it's just not in his personality...;^}

    58. Re:Summary: Theo went over the top by NormalVisual · · Score: 1

      Uhh, if the code was written from guessed at specs I don't see how it could be good quality

      Seemed to work well in the 1980's for a one-man shop called Grey Matter Response when they introduced a software mod with additional memory for the Yamaha DX7 synthesizer that got it to do stuff that Yamaha had claimed the synth was not capable of. Not long after that, Yamaha was flying the guy to Japan so their engineers could pick his brain.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    59. Re:Summary: Theo went over the top by kjs3 · · Score: 1
      commiting to cvs is not and has never been distribution

      You didn't just say that with a straight face, did you? Noone is that deluded.

      Was he totally justified? You're damn straight he was.

      Oh, wow...you are.

    60. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      A+++++ commentor, will read again!

    61. Re:Summary: Theo went over the top by Russ+Nelson · · Score: 1

      Yeah, broadcom is coompletely impossible to work with. I've been trying to get data on their 4024 bt kbd controller. They suck as a company. Too bad their chips are so damned nice.

      --
      Don't piss off The Angry Economist
    62. Re:Summary: Theo went over the top by Skreems · · Score: 1

      It also doesn't change the fact that the closed-source drivers are complete crap. You should probably look into the situation a bit before you start making off-handed remarks.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    63. Re:Summary: Theo went over the top by jcgf · · Score: 1

      Seems one offish and anecdotal to me. An example doesn't prove it to be the norm.

    64. Re:Summary: Theo went over the top by Spit · · Score: 1

      This isn't excusable; Many people choose OpenBSD because of the project's license purity, I personally use OpenBSD and Debian specifically because I trust that the licensing is clean. Admittedly OpenBSD has limited resources and developers may feel the need to take shortcuts, but cutting and pasting isn't a shortcut.

      How many of these shortcuts may have slipped by unnoticed? OpenBSD CVS is TAINTED, this is very bad for those of us who support the project in good faith.

      --
      POKE 36879,8
    65. Re:Summary: Theo went over the top by mclaincausey · · Score: 1
      Theo overreacted?!

      In other news, the sky is blue...

      --
      (%i1) factor(777353);
      (%o1) 777353
    66. Re:Summary: Theo went over the top by harlows_monkeys · · Score: 1
      According to that post and the things it links to, they are afraid Broadcom might want their implementation of something Broadcom already has code for. Basically, they think there code is more clever.

      The likelihood that Broadcom would have any interest in the kind of extensive work it would take to rewrite their own code to incorporate that part of the Linux driver, for no benefit whatsoever to the end user, is very low.

    67. Re:Summary: Theo went over the top by Dun+Malg · · Score: 1

      He never said anything about a public cvs. Password protecting your warez ftp site doesn't make it not distribution. Likewise, committing code to private CVS is only not distribution of you don't give anyone the password. The first time a person downloads, public or not , that's distribution.
      --
      If a job's not worth doing, it's not worth doing right.
    68. Re:Summary: Theo went over the top by Dun+Malg · · Score: 1

      Seems one offish and anecdotal to me. An example doesn't prove it to be the norm. No, but it sure demonstrates that complex, quality results can be achieved by someone with skill. You clearly implied via analogy that without quality specs nothing could be achieved that wasn't a) simple, or b) the result of luck. Of course, the very idea of b) is idiotic on its face. Good code doesn't happen because you're "lucky". It happens because you know what you're doing.
      --
      If a job's not worth doing, it's not worth doing right.
    69. Re:Summary: Theo went over the top by Dun+Malg · · Score: 1

      What's really funny about all this is that Slashdot is all about advocating piracy under the guise of some anti-RIAA movement (when it's really just fucking over artists), but heaven forbid someone use GPL code. I mean, EULA aren't legally binding, but a GPL text header is? The double standards seem rather self-serving. I could swear this has already been explained ad nauseum here on Slashdot. Being anti-copyright and being pro-GPL are not mutually exclusive. The GPL is actually a way of turning the regime of copyright against itself. By releasing valuable copyrighted code under a license that basically negates the primary profit mechanism behind copyrights (the monopoly on copying), the system itself is subverted. Your argument shows a complete lack of understanding of the principle motivation behind the GPL. It's an attack on copyright.
      --
      If a job's not worth doing, it's not worth doing right.
    70. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0

      If they'd "borrowed" code from a corporation, their first notification might have been a lawsuit

      Well I think that's the very thing that ticked Theo off. The fact that the code wasn't "borrowed" from a corporation and that it was "borrowed" from other developers in the community.

      I'm not defending Theo's behavior by any means (he did go over the top), but I understand.

      I'm a programmer, I haven't released anything as open source, mainly because everything I programmed so far has been for one company or another. I also don't have that much free time to work on some of the projects that I intend to release as free and open source (probably BSD) and it's nothing major, so don't wait up :P

      The point I'm trying to get at is, even though I don't do open source at the moment, I understand why you want to do open source. It's fun, it's a great learning experience and you will get some major ego-boo (as ESR would say) out of it. If you are working on something free and will not get you anything but ego-boo and you have your .. integrity wiped like that, don't you think that it won't be worth it anymore?

      I understand why Michael and others would be pissed about their code being in OpenBSD like that, they made their decision to release their code under GPL and like it or not we have to respect it. *BUT* they could have attempted to email Marcus before going public like that.

      I gathered that the driver is not working too, so it's not like Marcus released the code and went "Hey look at me, I nailed this!", it was still work in progress.

      So no, I'm not defending Theo and Marcus nor am I defending Michael and his group. All I'm saying is that I understand why something like this could have happened this way, and I think if this thing was handled privately it may have never made it to slashdot (And wasted an hour of my time reading those emails :P).

      One more thing, I noticed a couple of emails about a BSD project/module/something that Michael (or someone else on his team) wanted the OpenBSD guys to dual license as BSD/GPL. Maybe this has something to do with how all this went? Did we really get the scope on this story?

      Maybe we'll never know. But I thought I'd share my thoughts.

    71. Re:Summary: Theo went over the top by Lost+Engineer · · Score: 1

      You probably wanted a response from Bruce, but...

      Copyright violation is serious business, in open source and otherwise. A copyright violation in the BSD code base could affect a lot of folks. You could argue that he cc'ed too many people, but to keep the matter private would have been unethical. If this violation was accidental (and I imagine it was), I feel bad for Marcus. But not too bad. This whole thing will blow over and everybody will move on with their lives, hopefully a little bit more mindful of the nuances of copyright.

      OTOH, if we look at the end to justify the means (educational value aside), this was a loss for all involved. Let's develop in peace.

    72. Re:Summary: Theo went over the top by VON-MAN · · Score: 1

      Now what kind of logic is that?

      You first say that there's reason, according to what you've read, to think that Broadcom wants to use the code.

      Than you simply deny that same fact, on the basis that a rewrite is extensive work (do you know what a rewrite is? well, it's often faster and easier than a write). And finally you call the GPLd driver Broadcom's own code.

    73. Re:Summary: Theo went over the top by mvdwege · · Score: 1

      Watch out with that 'only a few lines' argument. Depending on the volume of code involved, copy/pasting a few lines out of a GPL'ed source file may fall under fair use.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    74. Re:Summary: Theo went over the top by mvdwege · · Score: 1

      how do you spell the plural of doofus?

      Why, doofii of course!

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    75. Re:Summary: Theo went over the top by jonbryce · · Score: 1

      We call GPL code "copy left" to make it clear that is different from copyright. People who violate the GPL deny other people the freedom to use and modify the code. People who violate traditional copyright licences don't do that. That is the difference, and that is why we are against GPL violation.

    76. Re:Summary: Theo went over the top by BigBuckHunter · · Score: 1

      Apparently the Linux kernel developer did not wish Broadcom to take advantage of his work in proprietary products.

      Yup. That's the basic argument. BSD developers took GPL'd code, put in their repository, stripped the copyright/license, and allowed it to be downloaded under the "supposed" BSD license. If they wanted to "study" it, why did they remove the license and copyright info?

      BBH

    77. Re:Summary: Theo went over the top by HuguesT · · Score: 1

      Actually, you can build a very good house by looking at an example. Merely knowing something is possible is usually enough of an incentive for some people to provide an implementation, sometimes better than the original.

      Reverse engineering works very well. For instance, take a look at what happened to IBM after its IBM PC BIOS was reversed-engineered. Last I heard, IBM doesn't make any PCs anymore.

    78. Re:Summary: Theo went over the top by stsp · · Score: 1

      The BSD developer was an accomplished BSD committer and should have known better. The Linux developer offered to relicense some of his code under BSD. Theo decided to turn it into a human-rights issue with great flamag.

      Bruce, it was not only one-way. It could have been handled much better on both sides.

      Please see my comment here: http://bsd.slashdot.org/comments.pl?sid=229865&cid =18654497

    79. Re:Summary: Theo went over the top by drerwk · · Score: 1

      What you describe as development behind closed doors, I would describe as producing a derivative work. As far as I can tell, if I take GPL code, and then line by line replace it with 'my own' code I am producing a derivative work. Even if I replace all of the original lines, or functions, or units of source, the work I produce would be derivative and subject to the GPL. It may be hard to prove that I used the original source, but it would in fact be a violation of the GPL. Do you disagree?

    80. Re:Summary: Theo went over the top by cyclop · · Score: 1

      This is unrelated to the original story, but I personally disagree.

      Once you replace ALL the code, the original code has no more something to say. You have no way to tell it has been done from a GPL code, so you have no way to enforce the GPL, unless maybe someone camcorded you doing that. And even if so, I highly doubt. You have a code that is maybe functionally equivalent to the previous GPL one, but that shares nothing with the previous GPL one. If you were right, all functionally equivalent code should share the same license.

      Consider this other example: You take a GFDL text, let's say, a Wikipedia page. Then you modify it line by line until it becomes equal to the corresponding Encyclopaedia Britannica page. Does it make the Britannica subject to the GPL?

      --
      -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    81. Re:Summary: Theo went over the top by webmistressrachel · · Score: 1

      Isn't what you're doing simply a workaround for having mod points taken away for steering a discussion? although I agree with the points in the post I am replying to, I just can't help wondering where you spent those mod points before logging out and posting AC - any editors reading this might want to read the parent and look a little closer at where the points were spent and where else this phenomenon might occur here on /. ;)

      --
      This tagline was transcoded to result in at least one smirk. If you experience failure to smirk, please consult your Gen
    82. Re:Summary: Theo went over the top by harlows_monkeys · · Score: 1
      OK, let's break it down. Broadcom already has a fully-functional driver for their chipset.

      The people who did the Linux driver reverse engineered that in order to figure out how to use the chipset. The Linux people then wrote a driver.

      There are some areas where they (the Linux driver writers) think that their code is more clever than the Broadcom code.

      They (the Linux driver writers) think Broadcom would want to replace the working code it already has, and that its programmers are familiar with, and that (from a user point of view) does everything the Linux code does.

      That seems unlikely to me. Replacing working code with outside code, which probably won't fit into your existing code without extensive reworking, for the sole benefit of making your code more elegant, is simply not something companies are interested in doing.

    83. Re:Summary: Theo went over the top by mackyrae · · Score: 1

      Nope, that's actually probably right, though if they were looking at it as a guide and completely rewriting the way their functions worked going "why'd they do it like that? ugh do it THIS way..." and changing the algorithms entirely, it might not be. They SHOULD have just taken the specs the bcm43xx team released when they finished if they were going to do that though.

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    84. Re:Summary: Theo went over the top by innerweb · · Score: 1

      From my online chats/forums with Bruce involved (not with Bruce per se), he has been a very smart individual who has been quite professional. I can completely understand why he might want to have his own username assigned to him and not someone else. In this world, your professional reputation (by name normally) is quite important. I would be very concerned if someone started pretending to be me on slashdot or anywhere else. Heaven only knows how it might be abused. Somehow, that kind of stuff always seems to come to my home (or whomever is having their Identity abused), not the offender's home.

      We have already had to deal with identity theft. It causes terrible complications in one's life. Any kind of identity fraud, be it in jest or a criminal act, is just wrong and ought to be defended against.

      -InnerWeb
      --
      Freud might say that Intelligent Design is religion's ID.
    85. Re:Summary: Theo went over the top by rho · · Score: 2, Insightful

      You could argue that he cc'ed too many people, but to keep the matter private would have been unethical.

      Why? The casus belli was the copyright violation, which could have been solved quickly and quietly by a more private mailing.

      Not having a dog in this hunt--I use FreeBSD and CentOS primarily for server applications, and OS X for my personal use--I see Theo's point that it was overkill to cc so many people, and that it reeked of attention-seeking. IMO it is daft to assume that Marcus was deliberately attempting to thieve GPL code. It's possible that he was, but since the development process for both Linux and OpenBSD are so public, it would take a really bad (or bold) thief to assume he could get away with stealing code.

      I guess it feels good to catch a thief and to take a swipe at that mouthy Theo de Raadt and his project at the same time. The temptation would probably be too great for me, too, if I harbored some ill-will towards OpenBSD and/or Theo. But from a purely logical standpoint, nobody came out of this covered in glory.

      --
      Potato chips are a by-yourself food.
    86. Re:Summary: Theo went over the top by drerwk · · Score: 1

      This is unrelated to the original story...
      I thought it relevant because I think that Theo is incorrect in asserting that there would be no infringement based on the GPL if all of the code had been replaced function by function. It is my understanding that Copyright also pertains to derivative work even if no line remaining is verbatim from the original. As you point out, it would be hard to prove, which I agree, never the less it would be a violation.

      If you were right, all functionally equivalent code should share the same license.
      If you develop functionally equivalent software without ever looking at other source code you would not be in violation. From reading the posts, that seems to be what the bc43xx team did. They split into two groups, one group looks at an existing driver, either source code, or object code and develops a specification for how to communicate to the chip. The second team writes code to the specification without looking at code or obj. I can imagine that this seems equally derivative, but the spec is about what the code does, not how it does it.

      Consider this other example: You take a GFDL text, let's say, a Wikipedia page. Then you modify it line by line until it becomes equal to the corresponding [Encyclopaedia] Britannica page. Does it make the Britannica subject to the GPL?
      This is an interesting analogy. Two thoughts, first one would be violating Britannica Copyright in doing this, not subjecting them to GPL. Second, the GFDL, on my brief reading, actually suggests one must only give credit back as far as five previous revisions, and so it seems to be fundamentally different than the GPL.

      I will continue to read and try to understand the GPL in relation to these real world events, but I am glad I am an engineer and not a lawyer.

    87. Re:Summary: Theo went over the top by Zoolander · · Score: 1

      Nonononono! Obviously, it's doofusii.

      --
      Meep.
    88. Re:Summary: Theo went over the top by Zoolander · · Score: 1

      s/doofusii/doofii/g
      Wow, way to ruin my own joke...

      --
      Meep.
    89. Re:Summary: Theo went over the top by VON-MAN · · Score: 1

      OK, let's break it down. Broadcom already has a fully-functional driver for their chipset. The people who did the Linux driver reverse engineered that in order to figure out how to use the chipset. The Linux people then wrote a driver. There are some areas where they (the Linux driver writers) think that their code is more clever than the Broadcom code. They (the Linux driver writers) think Broadcom would want to replace the working code it already has, and that its programmers are familiar with, and that (from a user point of view) does everything the Linux code does.

      Yes, i'm sure we all understand this part of your argument.
      But then:

      That seems unlikely to me. Replacing working code with outside code, which probably won't fit into your existing code without extensive reworking, for the sole benefit of making your code more elegant, is simply not something companies are interested in doing.

      Ok, well I can only repeat was others have said earlier in this thread: open source code is often high quality code, and closed source is often crap (this is NOT rule, but i've certainly seen some sorry excuses for drivers, haven't we all. Besides, you yourself echo the thought that the Linux code is cleverer). It is (maybe not likely but certainly...) possible that Broadcom would consider using parts of the open source code. It is NOT true that'll take extensive reworking and i'm positive Broadcom as a company is not interested in elegant code, however, it is obvious they are interested in lower development efforts.

      And, last but not least, understand that Linux developers do take the GPL license very seriously, even if others don't. You are not one of those others, are you? So, i'm sure you'll understand what i'm trying to explain here. Michael Bueschs' GPL code was used in OpenBSD code under a completely different and much more liberal license, that code ended up in a CVS, which is the same as distributing the code.

      And so, because Broadcom has the reason (completely free quality code), the means (the, for Michael Buesch, too liberal BSD license) and because there is is no reason what-so-ever to think companies won't use OpenBSD code i'd say Micheal has reason to complain. And why you are denying that there's an opportunity for Broadcom to use the code is beyond me.
    90. Re:Summary: Theo went over the top by cyclop · · Score: 1

      I thought it relevant because I think that Theo is incorrect in asserting that there would be no infringement based on the GPL if all of the code had been replaced function by function. It is my understanding that Copyright also pertains to derivative work even if no line remaining is verbatim from the original. As you point out, it would be hard to prove, which I agree, never the less it would be a violation.

      Yes, I understood this, but we were going quite off the path... However, "Derivative work", as I understand it, means that it has to bear some resemblance -in code- to the original, or being an intertwined addition to the original (That's why I also think that the closed drivers illegality in the Linux kernel is BS, despite how much I hate closed drivers).

      You understand "derivative" as describing an ongoing process, a history - so that the new code "derives" from the precedent, even if it bears no more resemblance. AFAIU, instead, "derivative" in this case has a stricter meaning.

      Wikipedia says: "In copyright law, a derivative work is an artistic creation that includes major, basic copyrighted aspects of an original, previously created first work." and cites the US Copyright Office in saying "A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material.", so it seems that inclusion and incorporation are important. However, I must admit "derivative work" includes also film transpositions of literary work, where the formality of "inclusion" is hard to define. The border can be: if the new code is an almost line-by-line or block-by-block transposition of the former (with only, e.g., new variable names and/or written in another language etc.) it is surely derived (just like a movie retains substantial parts of the plot of the original written work). If the new code retains the functionality (this including essential algorithms that cannot have a reasonable substitute) but is structurally different of the previous, it is not derived (in the analogy: two plots about an unhappy love story do not have the same copyright, even if the fundamental structure is the same).

      This is an interesting analogy. Two thoughts, first one would be violating Britannica Copyright in doing this, not subjecting them to GPL. Second, the GFDL, on my brief reading, actually suggests one must only give credit back as far as five previous revisions, and so it seems to be fundamentally different than the GPL.

      First: why are you violating Britannica copyright, if your assumptions are right? You are working by modifying a free work, if by modifying it you can arrive to the equivalent Britannica page, this means that that page is derived, isn't it? Either this, or there is some flaw in your assumptions.

      Second: well, try understand what I mean, instead of sticking to the example. :)

      I am glad I am an engineer and not a lawyer.

      Well, I'm a biophysics ph.d., and surely I earn much less than a lawyer. But I meet more interesting problems and people.

      --
      -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    91. Re:Summary: Theo went over the top by Fastolfe · · Score: 1

      When did we start talking about criminal copyright infringement? In order to be found liable for the tort of infringement, you must have caused harm. Making something *available* to be downloaded by the general public harms no one until the public starts downloading it. With no harm, there's no remedy needed, and thus no basis for an infringement action. The purpose of a civil suit is not punishment, but remedy.

      That aside, your discussion about criminal intent seems sound, but typical copyright infringement is not a criminal act.

    92. Re:Summary: Theo went over the top by jcgf · · Score: 1

      Did you even read my post? Or did you just decide to be a dick?

    93. Re:Summary: Theo went over the top by mackyrae · · Score: 1

      When you write a term paper for school, if you just reword something from a reference book, it's still plagiarism. If you analyze it, digest it (mentally), and come up with your own conclusions and ideas and write those, you've done it right. They'd have to just be using the GPL'd code as a hardware spec, not rewriting line by line or paragraph (function) by paragraph.

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    94. Re:Summary: Theo went over the top by Brandybuck · · Score: 1

      The BSD developer walked off in a huff.

      Well what you do expect? He wakes up in the morning only to find umpteen gazillion emails in his inbox calling him the second coming of Hitler. As Theo said, this issue could have been quietly resolved by asking nicely, without first making it into a major issue. The GNU license enforcement police was on the CC list, for crying out loud!

      --
      Don't blame me, I didn't vote for either of them!
    95. Re:Summary: Theo went over the top by Brandybuck · · Score: 1

      It causes a phenomenon that the BSD folks really hate, though, which is that the GPL applies to the entire product.

      No it doesn't! You of all people should know better, The GPL does not cover third party code. Marcus' mistake may apply to Marcus' code, but it does not apply to OpenBSD as a whole.

      --
      Don't blame me, I didn't vote for either of them!
    96. Re:Summary: Theo went over the top by Brandybuck · · Score: 1

      If my dog craps on your lawn, and you post a demand that I clean it up in the town newspaper, then you're being an asshole. That's not how civilized people behave. But you GPL folks are too high and mighty to be civilized. You would rather call the lawyers and news hounds rather than display some etiquette.

      Buesch may have had the legal right to make a public spectacle of Marcus, but that make him no less an asshole.

      --
      Don't blame me, I didn't vote for either of them!
    97. Re:Summary: Theo went over the top by Brandybuck · · Score: 1

      Do you disagree?

      Both I and the US Copyright Code disagree with you.

      --
      Don't blame me, I didn't vote for either of them!
    98. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 1

      Well, it's easy to remove the GPL part, but until you do...

    99. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 1
      I think you're exaggerating about the email count and content. And there are no "gnu license enforcement police". There's an engineer whose job that is, really quite a nice guy and not the sort of person who will bring lawsuits at the drop of a hat. Actually, I don't believe the FSF has ever brought a lawsuit.

      Bruce

    100. Re:Summary: Theo went over the top by Brandybuck · · Score: 1

      license-violation@gnu.org sounds like their legal enforcement arm to me. Add to that the various stories about GPL license enforcement on Slashdot, and that CC line starts looking like a very big club to be speaking softly with.

      --
      Don't blame me, I didn't vote for either of them!
    101. Re:Summary: Theo went over the top by Brandybuck · · Score: 1

      There is GPL code in OpenBSD. One example is GCC. But that does not cover the whole of OpenBSD. The license violation would affect the driver, nothing else.

      --
      Don't blame me, I didn't vote for either of them!
    102. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 1
      Until you take out the GPL part, the GPL terms apply to the entire work. You might not believe it's so, but no real attorney has seen fit to fight that one. They all settle.

      Bruce

    103. Re:Summary: Theo went over the top by Bruce+Perens · · Score: 1
      Have lunch with Bradley Kuhn sometime when you're in NY. He will tell you how it actually works. Or just call him.

      Bruce

    104. Re:Summary: Theo went over the top by Anonymous Coward · · Score: 0
      Least of all Theo. Michael needs to enforce his copyright, pure and simple. This was not Michael's fault. It was Marcus's, and then Theo's for going way over the top with his response.

      That's one reason, perhaps, why his project has trouble getting funding.

  2. The BSD folks seem to be whiners by Anonymous Coward · · Score: 1, Insightful

    http://thread.gmane.org/gmane.linux.kernel.wireles s.general/1558

    "Wow, that's a hell of a long cc list for a request for a fair
    resolution. the last 3 lines are mellow, but the body before that was
    not very nice."


    As if misappropriating source code is "nice"...

    "We always try to make our stuff as clean as possible too."

    Obviously, not "always".

    The copying - if it was extensive as claimed - was hardly inadvertent. So Buesch has a complete right to be pissed about his code being stolen.

    And the BSD folks are whining about him being pissed.

    Meh.

    1. Re:The BSD folks seem to be whiners by Anonymous Coward · · Score: 0

      Did you read the entire thing?
      The dude took the code with the intent to replace it. He /has/ been replacing it for several months -- so it's not like he was going to let it sit. He committed it so others could help him with it. It wasn't "released" yet.

      "We always try to make our stuff as clean as possible too." Obviously, not "always".

      Moron -- they always /try/. But perhaps you read that and are trolling.

      Ironically, my image word for the Slashdot captcha is "consent". haha.

      You are also, apparently, advocating being an asshole to anyone who "steals" code instead of trying to be nice and say "uhh, dudes, you fucked up. get it out". It's people like YOU that make businesses not want to use Linux or BSD. I hope that helps you sleep better.

    2. Re:The BSD folks seem to be whiners by Anonymous Coward · · Score: 1, Interesting

      You are also, apparently, advocating being an asshole to anyone who "steals" code instead of trying to be nice and say "uhh, dudes, you fucked up. get it out".

      Eh? He offered to licence at least parts of it to BSD (it would make no sense to licence it all, since then it'd not be GPL protected any more). Why is offering to licence code, to someone who stole it without asking in the first place, being an asshole, but saying "you fucked up, get it out" is cool?

      The BSD guy's first response shows what an asshat he was - explicity saying that he stole it with the intention of then rewriting it bit by bit to circumvent the copyright. Nice clean room implementation eh? Not that he'd got as far as the bit by bit cirumvention - he'd only progressed as far as the blatant stealing.

    3. Re:The BSD folks seem to be whiners by Omega996 · · Score: 5, Insightful

      eh, a lot of whining on both sides occurred - the whole thing could definitely have been handled much more professionally and politely by both sides. Buesch could've contacted Glocker privately via email and asked him to remove the copyrighted material from CVS, and encouraged him to contact the copyright holders-in-question if he were interested in obtaining assistance in getting his bcw driver to work. It's called giving him "the benefit of the doubt."
      The interests of expediency (notifying Glocker and the other copyright holders, as well as people who did the reverse-engineering (wtf? why? I still can't figure that one out)) didn't serve either group's PR interests. Now people are lining up on the tired BSD/ISC vs. GPL battlefront again, fighting over something that only involves a few developers. I don't think Glocker should've committed that GPL nonsense into CVS, but I do think he should've been given a chance privately to correct his mistake. All this hassle and stupid flamewar because simple politeness was dispensed with. Gad, I'm glad I don't work on anything involving these groups.

    4. Re:The BSD folks seem to be whiners by Omega996 · · Score: 1

      the second para should read (snip)The interests of expediency (notifying Glocker and the other copyright holders, as well as people who did the reverse-engineering (wtf? why? I still can't figure that one out) in a public forum)(/snip). dammit, always fscked when I don't preview.

    5. Re:The BSD folks seem to be whiners by phoenix.bam! · · Score: 5, Informative

      Except if this was done in private no one who pulled the tainted code from the public CVS would know. There would be copies of the code floating around in public that were in violation of the GPL. It had to be public to guarantee everyone knows (Especially Broadcom) that the BSD code in the public tree is actually GPL code.

    6. Re:The BSD folks seem to be whiners by Omega996 · · Score: 1

      Don't be dense - I was suggesting a reasonable first step - not the end of the line. If after a private communique the offending material still remained, Buesch could still post to every public mailing list about the GPL violation, and further state that he made a good-faith attempt for the developer in question to remove the material privately. His message would still get out, and the public perception of Buesch would give people like de Raadt very little to complain about.

    7. Re:The BSD folks seem to be whiners by Anonymous Coward · · Score: 0

      I don't think you've understood what the grandparent said. Say he did as you suggest and the code was removed from the repository. What about EVERYONE who downloaded it in the mean time? They need to know that it is GPL- and not BSD-licensed. This has nothing to do with getting it removed from the repository. This has to do with ensuring that the appropriate license is honored despite the fact that it was effectively erroneously relicensed.

    8. Re:The BSD folks seem to be whiners by Omega996 · · Score: 1

      I followed the thread as the exchange developed between OBSD and Buesch, and I don't remember seeing this subject mentioned once. It's a valid point, though.

    9. Re:The BSD folks seem to be whiners by Anonymous Coward · · Score: 1, Insightful

      Michael Buesch did not CC' broadcom.

    10. Re:The BSD folks seem to be whiners by roman_mir · · Score: 2, Insightful

      Buesch could've contacted Glocker privately via email and asked him to remove the copyrighted material from CVS, and encouraged him to contact the copyright holders-in-question if he were interested in obtaining assistance in getting his bcw driver to work. It's called giving him "the benefit of the doubt."

      1. Benefit of the doubt of what? Oh, honey, I tripped, fell and impaled myself on his dick? (excuse the example.)
      2. This kind of thing must not be done quietly because people might have downloaded that code by then believing it was properly licensed under BSD and would not have known that in fact the code was tainted.
      3. This kind of thing must not be done quietly because doing it quietly does not provide a valuable lesson: Do not strip other people's copyrights/licenses from code if you are distributing it (yes, a CVS accessible to public is also distribution.)

    11. Re:The BSD folks seem to be whiners by Anonymous Coward · · Score: 0

      Yes, you can make that known afterwards. Or do you believe that when OpenBSD releases a new release every developer hears about that in a press release done by e-mail. No, they discuss privately too, e.g. via ICB. Same for Linux folks, FreeBSD folks, etc. Theres IRC and there's queries. Theres real-life chats. Theres all kind of communication.

      The saying which applies here is "don't throw the baby out with the bathwater."

  3. Well, Theo is something of an asshat by MrHanky · · Score: 5, Insightful

    One should never expect him to see the other side of an issue.

    1. Re:Well, Theo is something of an asshat by Bruce+Perens · · Score: 5, Interesting
      Theo is a real sharp programmer, and an eloquent writer when he wants to be. I met him once. I went to shake his hand. I swear, he did not notice. This left me to think that when Theo commits social gaffes, it is not his fault and he can't help himself. We all have our lacks, issues, and strengths.

      Bruce

    2. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      Don't mean to speak for de Raadt, but he may have ignored you on purpose, Perns. =P

    3. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 1, Insightful

      "Fault" isn't a very useful attribution, since it doesn't impact change how one behaves and relates. He can be a very loyal and helpful person, and he can be a grade-A asshole, and that is the way it is, regardless of why. There's a reason he was drummed out of NetBSD, even if the end result was a net positive.

      The FreeBSD folks would be interested in some BSD licensed driver code, and it can filter downstream to OpenBSD. I hope Buesch hasn't been completely turned off the idea.

    4. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      Bruce,

      Or he's truly just the horses ass we have all learned to love and he ignored you on purpose.

    5. Re:Well, Theo is something of an asshat by n6mod · · Score: 4, Insightful

      This left me to think that when Theo commits social gaffes, it is not his fault and he can't help himself.

      Though, it is important to know your limitations. In particular, you'd think that he should remain silent on the social gaffes of others.

      It's pretty hard to take criticism of interpersonal skills from Theo seriously.

      --
      You have violated Robot's Rules of Order and will be asked to leave the future immediately.
    6. Re:Well, Theo is something of an asshat by ShieldW0lf · · Score: 4, Insightful

      Some people don't give a fuck. That's a decision.

      To make it out to be some psychological issue or some such nonsense dismisses the choices of those who made the decision to give a shit about other people and not be an asshole.

      Skip the third party apologies, call it what it is and accept it or don't accept it.

      --
      -1 Uncomfortable Truth
    7. Re:Well, Theo is something of an asshat by jZnat · · Score: 3, Funny

      Perhaps he's genuinely autistic? That would explain a lot.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    8. Re:Well, Theo is something of an asshat by Bruce+Perens · · Score: 2, Informative
      Perhaps he's genuinely autistic? That would explain a lot.

      Well, where's my DSM? Oh, that's right, I'm not qualified to use one.

      There is a lot of speculation that a number of people we know are somewhere on the Asperger spectrum of disorders.

      Bruce

    9. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      I went to shake his hand. I swear, he did not notice. It's funny you should mention that, Bruce - you did that to me once. ;)
    10. Re:Well, Theo is something of an asshat by ScrewMaster · · Score: 1

      Possibly he needs a spokesperson.

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:Well, Theo is something of an asshat by ScrewMaster · · Score: 2, Interesting

      A more interesting question would be whether a certain type of work selects for Asperger's Syndrome or a similar disorder. Bram Cohen claims to have it, and in spite of the problems it has caused him says that it aids his concentration, his ability to focus on his work. Many great programmers I've known over the years (not all by any means, but a significant number) almost seem to lack social skills in direct proportion to their technical abilities. I'm not trying to infer cause and effect, but from a purely anecdotal perspective there does seem to be something at work here.

      --
      The higher the technology, the sharper that two-edged sword.
    12. Re:Well, Theo is something of an asshat by Fox_1 · · Score: 1

      not flamebait, apparently true, Theo's response was derogatory, and rude. Beyond that it was way out of proportion to the original email from Buesch. Honestly if I knew the guy, we would not be friends, and if he communicated with me the way he tried too communicate about this issue I'd break his nose, and maybe a finger or two. Dood was Rude, quick to attack, and apparently unable to properly analyze what was going on. All you have to do is read the first 2 emails in this exchange to get an idea of what got everybody upset.

      --
      The rock, the vulture, and the chain
    13. Re:Well, Theo is something of an asshat by NormalVisual · · Score: 1

      I actually have a DSM-IV here on my bookshelf, so you can borrow mine. I'm not qualified to use it myself. :-D

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    14. Re:Well, Theo is something of an asshat by 644bd346996 · · Score: 1

      Sometimes, it is a pure inability to participate in normal social interaction. When that is the case, treating the person like they are willfully anti-social is just about the least humane thing you can do. However, more often, the person has a mild autism-spectrum disorder or the like, and decides to make up for the rest with apathy. Those are the people I refuse to pity.

    15. Re:Well, Theo is something of an asshat by misleb · · Score: 1

      There's a bit more to asperger's than just lack of social skills or bad communication. Those are more or less side effects of the main problem which is the inability to read another's body language and sentiment. One can simply have poor social skills without asperger's though. But certainly anyone with poor social skill's and/or Asperger's would be attracted to any solitary occupation such as programming. A more generally accurate statement woudl be that programming selects for introversion.

      -matthew

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    16. Re:Well, Theo is something of an asshat by ScrewMaster · · Score: 1

      I'll buy that, and I didn't mean to imply that having Asperger's was simply a lack of proper socialization. It is a true syndrome, I know.

      --
      The higher the technology, the sharper that two-edged sword.
    17. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      Sometimes, it is a pure inability to participate in normal social interaction.

      Severely retarded people may have such an "inability", but other than that, I don't know of anybody who is simply incapable. Even autistic individuals can and do learn how to participate in normal social interactions, even if it doesn't come naturally.

    18. Re:Well, Theo is something of an asshat by mrmeval · · Score: 1

      He likes to attack the messenger in those posts. I have no familiarity with BSD. I thought it to have good security from comments by friends. If this is any indication of the team behind it I'll stick with the GPL stuff.

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    19. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      I wouldnt shake your hand either. I saw you tell Linus Torvalds he needed to turn over control of the linux kernel to a comittee to be headed by yourself... I'm no fan of theo myself; but hearing that he despises you makes me feel a bit better about him.

    20. Re:Well, Theo is something of an asshat by networkBoy · · Score: 1

      I've often thought Theo has a mild case of asbergers (sp?) syndrome. Guy's f'ing brilliant at some things and seems to totally make up for that with his social graces. None the less I love open BSD so hey....
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    21. Re:Well, Theo is something of an asshat by slashdot.org · · Score: 4, Insightful

      Theo is a real sharp programmer, and an eloquent writer when he wants to be. I met him once. I went to shake his hand. I swear, he did not notice. This left me to think that when Theo commits social gaffes, it is not his fault and he can't help himself. We all have our lacks, issues, and strengths.

      What Theo did was a classic case of blame shifting. Trivialize the problems on your side whilst (trying to) change the subject to a problem on the other side. I don't understand why no-one brought this up in the discussion earlier, it's very transparent. All the -public- name calling demonstrates it nicely because it's basically committing the same 'crime'. Eye for an eye I don't think is considered terribly humane.

      Now the interesting thing to me is the way they tried to trivialize the copyright infringement. Supposedly the code should have never made it into CVS, it was a mistake. However, it was being used to develop the driver for BSD (and to be licensed under the BSD license).

      When corporations do stuff like this, they generally use clean-room reverse-engineering. I wonder what the legality is of the approach they used, copyright-wise. Consider a more extreme case. Let's say I take the Linux kernel source tree, and one by one I start 'rewriting' every bit of source (while most certainly glancing at the original), could I then license the 'new' kernel under whatever terms I want?

      I could be wrong, but wasn't the copyright violation being made when the code is copied from the GPL code into the local development version of the developer? And the CVS commit is just a wider spread distribution after that? I've wondered about this for a while because 'tainting' is practically only being talked about in the context of closed-source corporations, not in the context of someone having seen Open Source software.

    22. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      Yup, Theo is a prick. A good programmer, sure. But still a prick.

      His whole spiel on how the code isn't really being used yet is a total cop-out and mis-direction. If you check out the CVS sources you're checking our a copy of the OpenBSD system and it's BSD licensed. Therefore any code you find in there is BSD licensed, even if it's just copied in for hacking purposes.

      Theo should have said 'sorry, we messed up'. Simple enough, can happen to anyone - including OpenBSD developers.

      But noooo, he has to turn the whole thing into a personal attack rather than say sorry.

      He does that everytime.

      Theo is a prick.

    23. Re:Well, Theo is something of an asshat by danfour · · Score: 1

      I think Theo's point makes a lot of sense - The guy who started this did the equivalent of walking into a international meeting and pointing out one individual, complaining that he'd stolen code. In real life, most of us would hopefully wonder what his point was - especially if he'd never discussed it with the accused prior to blasting him to thousands of people.

    24. Re:Well, Theo is something of an asshat by 644bd346996 · · Score: 1

      It is not limited to severely retarded people. I know somebody with Asperger's who, as far as I can tell, is completely unable to understand the concept of 'tact'. He resists all attempts to make him understand. However, he gets along well enough without it. He does get into the occasional spot of trouble, though.

    25. Re:Well, Theo is something of an asshat by Nazlfrag · · Score: 1

      What you see as apathy could very well be making the choice to just not give a fuck, as GP noted. Yes, you shouldn't pity someone for not conforming to your social ideals, or class all who think differently on a spectrum of disorder.

    26. Re:Well, Theo is something of an asshat by rohan972 · · Score: 1

      Also consider that social skills are learned skills. All the time spent becoming expert at [insert field of expertise here] was not spent becoming expert at social skills. I've also noticed that many people who have adequate social skills to socialize don't have adequate skills to work with people well in organising projects/work.

    27. Re:Well, Theo is something of an asshat by 644bd346996 · · Score: 2, Insightful

      What you see as apathy could very well be making the choice to just not give a fuck, as GP noted. That is pretty much what I mean. Also, lest you think I'm being discriminatory, most of the people I had in mind when writing that comment have been diagnosed with Asperger's or Autism. Some of those people, though, demand that they be treated with a double standard. When those people ask me to tolerate anti-social behavior that is not a result of their disorders, I typically refuse, just as I refuse to accept most any sociopathic behavior.
    28. Re:Well, Theo is something of an asshat by mobydobius · · Score: 2, Insightful

      But in some sense the announcement had to be public. The copyright infringement was public. Without a public protest, someone could unknowingly take that code and incorporate it into proprietary software. Even if resolved privately first, a public announcement describing the duration and scope of the contamination would still be necessary after the fact.

      --

      "I like to wear big boy pants."
    29. Re:Well, Theo is something of an asshat by seebs · · Score: 4, Insightful

      You know, the funny thing is, right now, you're the one making a decision to be an asshole rather than giving a shit about other people.

      As one of the people who doesn't notice when people are trying to shake my hand sometimes, I can assure you, it's not that I don't care about people; it's that I don't have the same raw inputs to my decision-making that some people do. So far as I'm concerned, you people all have telepathy. I know it's not technically telepathy, but it might as well be; I have no access to the medium through which you pick up on things like that.

      So, I put in serious time and effort doing my best to read people, and people like you bitch me out because I don't do it perfectly, because it's effortless for you.

      The irony is that it's your empathy that is leading you to a lack of empathy in this situation.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    30. Re:Well, Theo is something of an asshat by blackmonday · · Score: 1

      Check out the parent post....Slashdot has become self aware! Unplug it!

    31. Re:Well, Theo is something of an asshat by Anomolous+Cowturd · · Score: 1

      Some people just don't like shaking hands. It's an excellent way to spread disease! Eye contact is good enough for casual meetings. Different story when sealing a deal.

      --
      Software patents delenda est.
    32. Re:Well, Theo is something of an asshat by Hal_Porter · · Score: 3, Insightful

      I don't really buy this any more. I do lots of work with customers, and introversion would be suicidal for me career-wise. I'm not too social by default, I basically taught myself to fake it. But I've met a lot of people who are basically lazy and rationalize it with the old line about how they're "probably somewhere on the autistic spectrum". But guess what, they end up earning a shitty salary and being put somewhere in the basement doing tech support, badly. In my current company, most of those guys got the boot when internal tech support got outsourced. And then they moaned about how the management never understood how valuable to the company they were. Truly autistic people are seriously disabled, and these people just weren't.

      It's a free country and it's your choice, unless you really have some kind of disability. But humans are social animals and if you choose not to play the game, don't be too surprised if you lose by default.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    33. Re:Well, Theo is something of an asshat by Hal_Porter · · Score: 1

      Yeah, but you're not a celebrity like Bruce is. He might just have been too busy with his public to shake your hand. But Theo should have found time to shake his.

      Anyhow celebrities have entourages. The purpose of these is twofold, one to keep non celebrities like you away. The other is so that other celebrities can sense that the person at the middle is someone who's hand is worth shaking.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    34. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      I thought the same of RMS.

    35. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      Isn't this why aspies and autists are considered "retard"?

    36. Re:Well, Theo is something of an asshat by PatrickThomson · · Score: 2, Insightful

      Before I start, I want to clarify that I am you. I had the same problems. However, I have to criticise for the benefit of "normies".

      Over time, learned behaviours become subconcious, like driving or playing music. After a few years, limiting driving speed or musical tempo (or heck, writing code) becomes automatic. Granted, social interaction is a lot more difficult and complicated and fiddly, but it's doable even by people quite far gone on the autistic spectrum.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    37. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      You can learn it. I did. It will take effort on your part, however. Pick up just about any book by Paul Ekman for starters.

    38. Re:Well, Theo is something of an asshat by scorilo · · Score: 1

      ot
      let me guess: aspie?
      /ot

      --
      "One of the symptoms of an approaching nervous breakdown is the belief that ones work is terribly important." -BRussell
    39. Re:Well, Theo is something of an asshat by Huwawa · · Score: 0

      ReactOS was frequently accused of being tainted by Windows source. It made the project have to do a long code audit.

    40. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      bahahaha

    41. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      I have the same social deficiency, and have even pointed it out to people, but nobody seems to listen. That or I can't detect their answers, not sure.

      On that off-topic note(hence the AC) do you also have the problem of people taking all your sarcasm seriously?

    42. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      Sounds like he has Asperger's Syndrome - this is quite common in extremely bright people/geeks.

      He should have just said something along the lines of "thanks for the detailed report, we will investigate and remove/alter the code and remove infringements from source control. This seems to be a one-off situation but we'll remind our developers that cut-and-paste implementation is not clean room implementation."

    43. Re:Well, Theo is something of an asshat by Zoolander · · Score: 0, Redundant

      Heh, reminds me of an obscure fake article about *BSD dying...

      --
      Meep.
    44. Re:Well, Theo is something of an asshat by Anonymous Coward · · Score: 0

      or, maybe he doesn't like Bruce Perens?

      You can continue to enable him when he's rude, or be like most people and just ignore him and let him occupy his insignificant part of the Open Source world.

    45. Re:Well, Theo is something of an asshat by seebs · · Score: 1

      So they've told me. I have a pending project of getting a more formal diagnosis, but I've had at least one professional person assert that, while it would be utterly unprofessional to give a diagnosis based only on stories and such relayed over the internet, no other explanation seems plausible. Somewhere in the "high-functioning autism" area, anyway.

      I'm an instrumentalist. I don't really have a model for the "truth" of such a claim independant of its observed explanatory power, predictive power, and unification of disparate observations. It scores well on those, so it works.

      And yes, I know it's quite possible to learn many skills. The thing is, they're still learned skills, and they tend to go to pieces when overloaded; for instance, I am much worse socially in crowds than I am in small groups. Also, if you don't follow the socially-normative script, I'm totally lost. That I can mostly follow scripts when I know them doesn't mean I actually have any idea what you're thinking.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    46. Re:Well, Theo is something of an asshat by Eivind+Eklund · · Score: 1
      While it isn't telepathy, it *is* mindreading. I know how you feel, I think - as I've learned the skill, not having it previously.

      Things that helped me:

      • Copying other people's body language. There's no way better way to become aware of how people move that copying them.
      • Sitting down and focusing on one point in a public area and attempting to follow everything that is going on, without moving my focal point. This increase "focus width".
      • Trying to notice how people in a public area relate to each other, just by noticing body position.
      • Playing guessing games with friends: Think of something negative. Think of something positive. Think of something negative. Think of something positive. Think of something positive *or* something negative - I'll guess which.
      It still took me years to learn to get to a "high normal" level. It's worthwhile, though - it makes communicating with people much easier and more interesting. The only problem is that it's fun - it make people much more distracting from technical stuff.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  4. Typo, and more data. by Bruce+Perens · · Score: 3, Informative
    That's "flamage", not "flamag". Sorry.

    And by the way, first post :-) . OK, I'm a subscriber, I guess that's cheating.

    Here is the Technocrat.net discussion of the same issue.

    Bruce

  5. Theo is an idiot by Anonymous Coward · · Score: 5, Insightful

    His team were caught red-handed, and had the gall to blame the people who got ripped. He doesn't even seem to get copyright, saying there was no infringement because the driver wasn't yet ready for general use is beyond moronic.

    1. Re:Theo is an idiot by Anonymous Coward · · Score: 0

      as others have stated in this thread- he committed the code to get things rolling and has been steadily replacing code and hoping others would as well. The driver isn't ready because all the GPL parts haven't been replaced yet. Moronic, I think not.

    2. Re:Theo is an idiot by Anonymous Coward · · Score: 1, Insightful

      Nice try, but no matter how many times people claim this, it simply isn't true. It was put up publically accessible on the internet with a false license claim.

    3. Re:Theo is an idiot by ClarkEvans · · Score: 1, Insightful

      His team were caught red-handed, and had the gall to blame the people who got ripped. He doesn't even seem to get copyright, saying there was no infringement because the driver wasn't yet ready for general use is beyond moronic. This is pure flamebait. Theo completely gets copyright and said: "This is a major problem in our code base." It was wrong, and quite regrettable that GPL'd code was committed to OpenBSD's repository. It could have been fixed quite easily by privately emailing the maintainer, Marcus or, if that failed, Theo directly.

      What this thread is about is that the author of the GPL's driver, Michael Buesch, didn't even attempt to handle this civilly, you know like chatting it through on IRC, or sending off a few private emails. That he was pointing out a problem was fine. That he did it in a confrontational manner without first trying other channels, was, not particularly collegial. Theo's characterization of "in human" came after several followups where it became clear that Michael's goal wasn't to solve the problem but to make a firework display.

      Your rant here, changing the topic and calling people names is likewise quite unprofessional.

    4. Re:Theo is an idiot by Anonymous Coward · · Score: 1, Insightful

      It was ill conceived at best. First of all he made it public. Had he kept it private, or in some private cvs where only official obsd developers had access, he would probably been in the clear wrt the distribution part.

      However, you cannot start with a copyrighted work and then change it bit by bit without getting a derived work, which should then be under the gpl.

      Sorry, it was doomed to fail from the point where he decided to use the gpl code rather than just look at their docs/specs, which were separately available.

    5. Re:Theo is an idiot by Score+Whore · · Score: 5, Insightful

      He was very civil. What he was not was quiet or non-embarrassing. Theo's reaction is clearly an attempt to direct attention from the facts of the situation and the poor behavior of a member of the openbsd team.

    6. Re:Theo is an idiot by Reality+Master+101 · · Score: 2, Insightful

      What this thread is about is that the author of the GPL's driver, Michael Buesch, didn't even attempt to handle this civilly, you know like chatting it through on IRC, or sending off a few private emails.

      That seems to be Theo's deflection mechanism as well. I have one question: Why?

      Sheesh, if I got that email, I'd apologize, thank them for the offer to use their code, and move on. Here's a good rule for life: if you would be embarrassed by what you're doing being publicized, maybe you shouldn't be doing it.

      I see absolutely no reason why there should be some obligation by the injured party that they communicate by email.

      --
      Sometimes it's best to just let stupid people be stupid.
    7. Re:Theo is an idiot by Anonymous Coward · · Score: 0

      Only socially inept aspies like Theo thinks the topic of this whole clusterfuck is about anything other than copyright infringement carried out by an OpenBSD developer. Shifting blame on the victims is pretty fucking low. It's quite simple really, don't steal code, and you wont be shamed in public.

    8. Re:Theo is an idiot by Anonymous Coward · · Score: 0

      I absolutely agree that Theo responded poorly, and your response is a good one. Theo unnecessarily escalated things.

      - Clark

    9. Re:Theo is an idiot by Eric+S.+Smith · · Score: 1

      the author of the GPL's driver, Michael Buesch, didn't even attempt to handle this civilly

      No reasonable person who's read Mr. Buesch's side of the exchange, including his initial letter, could reach the conclusion that he was anything but civil. That he continued to be in the face of the guiltily defensive raving coming from Mr. de Raadt is remarkable.

    10. Re:Theo is an idiot by sjames · · Score: 1

      Actually, the notice DID need to be public. The code was comitted to a public CVS where any number of people might have downloaded it unaware that it was NOT BSD licensed. While making it quietly disappear is a step in the right direction until a licensing discussion can take place, it still leaves an unknown number of people with a copy who have no idea that it's GPL. Some of them might really need to know that before they put too much effort into a derived work. Because the violation was publically disclosed, now they do.

    11. Re:Theo is an idiot by ckedge · · Score: 1

      .

      No shit.

      I love the posts where the BSD people call copying (oops I mean STEALING) someone else's code "a mistake" and "an accident".

      Show me how you "accidentally" copy code without knowing you're copying someone else's code.

      The only mistake was that they got caught and got publicly called out on it.

      This reminds me of the mental idiocy that makes managers and pointy haired bosses all worried that somehow without their knowledge the GPL is going to "magically infect" their product. You're the one using the fucking GPL'd code - you either intended to use it or you didn't!! Either accept the fucking license or don't! Don't sit there bitching about how your poor penniless ass isn't allowed to use someone else's hard work.

      .

    12. Re:Theo is an idiot by Anonymous Coward · · Score: 0

      A public notice could have been done jointly, following a quick private consultation. What Theo got upseat about (and I agree, totally overreacted kind of upseat) is that the accusation was done in public without first giving him a chance to fix it. It's not much complicated than that.

      - Clark

    13. Re:Theo is an idiot by poopdeville · · Score: 1

      Even GPLed code is subject to copyright law's fair use provisions. Presumably, the OpenBSD guys put the code up for development purposes. Even though the code was publicly accessible, the OpenBSD team had a reasonable expectation that anyone downloading that code had the intention of doing development work, making them defacto team members.

      Basically, the CVS issue is a matter of book keeping. It should have been settled amicably. More worrying is the fact that the OpenBSD team was creating a derivative work from the GPL source with the intention to relicense it.

      --
      After all, I am strangely colored.
    14. Re:Theo is an idiot by Dun+Malg · · Score: 2, Informative

      Even GPLed code is subject to copyright law's fair use provisions. Sorry, cutting and pasting GPL code and sticking it in a project in a publicly accessible CVS under the BSD license is not "fair use".
      --
      If a job's not worth doing, it's not worth doing right.
    15. Re:Theo is an idiot by Anonymous Coward · · Score: 0

      Did you stop reading immediately after the line you quoted?

  6. Broadcom using bcm43xx code? Hah! by Anonymous Coward · · Score: 0, Troll

    Oh come off it, GPL guys.
    Broadcom taking advantage of the bcm43xx code? I don't think so.

    bcm43xx team Reverse Engineered the spec. Broadcom, on the other hand designed the damn thing. So, they have paid software engineers, and those guys can probably talk to the hardware engineers, etc.

    How any code from a reverse engineered spec that blatantly just guesses at a lot of things is better than something written with the docs is far beyond me.

    Michael Busch's whole argument that they GPL'ed the damn thing because they didn't want Broadcom to take advantage of their work is BS. They have different motives here. Even if they licensed their bcm43xx work as BSD, Broadcom would not even look at it for inclusion. So I don't know what the bcm43xx developers have their panties up in a wad about. They just wanted to make a fuss.

    1. Re:Broadcom using bcm43xx code? Hah! by Bogtha · · Score: 5, Informative

      Michael Busch's whole argument that they GPL'ed the damn thing because they didn't want Broadcom to take advantage of their work is BS.

      Of course it is. Of course, most people don't realise this, because the evil, inhuman Michael Busch used his time machine to travel back to 2005 and plant fake mailing list archives saying that the reason they chose the GPL over the BSD license was because they didn't want it taken proprietary especially by Broadcom, because of particular features of the open driver, when we all know it's just an evil, inhuman plot against Theo and OpenBSD. Thanks for alerting us to this deviousness, AC!

      --
      Bogtha Bogtha Bogtha
    2. Re:Broadcom using bcm43xx code? Hah! by Eric+S.+Smith · · Score: 2, Interesting

      Michael Busch's whole argument [...] is BS. They have different motives here.

      What, it was all a viral GPL-pervert scheme to trick righteous BSD developers into copying their work?

      They just wanted to make a fuss.

      By offering to negotiate including their code in the BSD project?

    3. Re:Broadcom using bcm43xx code? Hah! by osu-neko · · Score: 5, Informative

      How any code from a reverse engineered spec that blatantly just guesses at a lot of things is better than something written with the docs is far beyond me.

      I'm going to venture a guess that you're either not a professional software engineer, or still fresh out of college and very low on real world experience, then. At the very least, you've seen the codebases at very few companies, or you've just been very, very lucky.

      I've had to throw out code and start fresh because the original code I was given was code that had been written originally years ago by an outside contractor brought in to do it, then maintained for the next two years by the hardware engineers themselves, under the premise that they're engineers, they've got a C compiler and a SAMS book, what more qualifications did they need? I was brought in because they couldn't figure out how to add some new features they wanted. The reason wasn't because the new features were tricky, the reason was the code was so hacked up it was impossible to change anything without breaking everything else. Alas, this level of code is all too common at companies that see their primary product as hardware rather than software.

      I've also seen horribly base code that needed to be replaced at companies that had paid software engineers maintaining it the whole time. Why do you think the fact that they were paid software engineers somehow magically makes their code any better? It was crap, and the only reason they were able to get away with it was because no one outside their department ever saw it. There's no easier way to hide bad coding than to work inside a corporation on proprietary software. It's the easiest place in the world for it to occur, and often the hardest place in the world to get incompetent engineers off a project.

      --
      "Convictions are more dangerous enemies of truth than lies."
    4. Re:Broadcom using bcm43xx code? Hah! by IgnoramusMaximus · · Score: 2

      I wholeheartedly concur.

      To further illustrate your point, people should look at the source code some of those companies are forced to release, either before going belly up or due to some other circumstances.

      My favourite example is the supreme abomination which is the evily hacked up Zaurus kernel (as released by SHARP). The thing "compiles" with about 500+ warnings to begin with. And that is only an early outside indication of the rot within. Its like a vile smell on a corpse trying to warn the unwary away.

      For spectacularly and obviously misguided closed source code take look at how Samsung concocted their printer/scanner drivers for Linux. Its frightening.

      And of course, just like you, I did work with closed source corporate projects. That stuff can give one nightmares.

    5. Re:Broadcom using bcm43xx code? Hah! by Tim+Browse · · Score: 1

      ...eminently sensible and realistic stuff...

      And me without mod points :-(

    6. Re:Broadcom using bcm43xx code? Hah! by Anonymous Coward · · Score: 0

      Know what's awesome? The guy who did the bcm43xx reverse engineering[1] is the same guy who reverse engineered the Sharp MMC/SD slot driver[2] :)

      [1]http://bcm-specs.sipsolutions.net
      [2]http://josejx.net/collie

    7. Re:Broadcom using bcm43xx code? Hah! by Anonymous Coward · · Score: 1, Informative

      Oh come off it, GPL guys.
      Broadcom taking advantage of the bcm43xx code? I don't think so.

      bcm43xx team Reverse Engineered the spec. Broadcom, on the other hand designed the damn thing. So, they have paid software engineers, and those guys can probably talk to the hardware engineers, etc.

      How any code from a reverse engineered spec that blatantly just guesses at a lot of things is better than something written with the docs is far beyond me.

      Hahahaha... that's one of the funniest things I've ever read. Have you ever actually used any closed-source device drivers?

      In my experience, open-source drivers (whether reverse-engineered or done with vendor assistance) tend to kick the crap out of closed-source drivers. For example, my Acer box uses the nForce4 chipset. When I (briefly) had windows XP installed on this box, the proprietary drivers for the on-board ethernet were a steaming pile of unstable crap. I switched to Ubuntu and the reverse-engineered forcedeth driver has been working perfectly for me since. Likewise with a lot of TV tuner cards, which come with atrocious windows drivers/software, but many work fine with rev-eng'ed Linux drivers. And how about my Epson printer, which forces me to use awful hack-job Epson GUIs under windows, but "just works" with the Epson CUPS drivers.

      The reasons are pretty simple: hardware vendors make their money by selling hardware, and they'll ship it out the door with pretty much any pathetic excuse for a driver. Subsequently, they have little incentive to keep maintaining and improving the drivers. By contrast, once an open-source driver is released, it will keep getting improved by interested and capable parties. By and large, the people who reverse-engineer hardware or write FLOSS drivers tend to actually *use* it, and they tend to put a lot of thought and talent into it.
    8. Re:Broadcom using bcm43xx code? Hah! by Anonymous Coward · · Score: 1, Interesting

      Speaking as one of the ones who reverse engineered the driver: yes, we guessed a lot. However, the Broadcom code is terrible. I remember, at one point, the code was doing insertion sort of a list of structs. There were 128 of the structs and they were about 256 bytes each. They were moving around the *entire structs* when they were sorting, rather than keeping a list of pointers that they moved around. What's worse is that they were doing this under a spinlock! Yes, you read that right. They were running a O(n^2) sorting algorithm on 32KB of data under a spinlock.

      That's just one example. There were plenty of others.

    9. Re:Broadcom using bcm43xx code? Hah! by Anonymous Coward · · Score: 0

      the evil, inhuman Michael Busch used his time machine to travel back to 2005 and plant fake mailing list archives

      Well, you've got to do _something_ those time machines, they are all just laying around here like those bikes in Paris - wait did that happen yet?

      - John Titor, please check out my old web presence http://www.johntitor.com/ or use the JT spore in your PS10

    10. Re:Broadcom using bcm43xx code? Hah! by wolrahnaes · · Score: 1

      Regarding the nForce4 on Windows, were you using the "ActiveArmor" firewall? That's a piece of shit. I have yet to see it work properly and it often causes major problems. Without it installed, just using the base network driver, neither I nor two of my roommates nor my next door neighbor have had even a tiny bit of trouble with our nF4 networking under any OS. We're all using Asus A8N-SLI Deluxe motherboards with either the current stable or latest beta chipset drivers.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    11. Re:Broadcom using bcm43xx code? Hah! by mink · · Score: 1

      "bcm43xx team Reverse Engineered the spec. Broadcom, on the other hand designed the damn thing. So, they have paid software engineers, and those guys can probably talk to the hardware engineers, etc."

      You would think that, but many companies (due to internal politics) lack good internal communication, support and teamwork between groups.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  7. I am amazed by giorgiofr · · Score: 1, Insightful

    I thought that open source was about sharing code.

    --
    Global warming is a cube.
    1. Re:I am amazed by lbbros · · Score: 5, Insightful

      Yes, but according to the licenses involved (in this case the GPL).

      --
      A CC-licensed illustrated horror novel
    2. Re:I am amazed by Bruce+Perens · · Score: 5, Informative
      I thought Open Source was about sharing code

      It is. This leaves the question of whether you are OK with some people who refuse to share. If the answer is no, use GPL. If yes, use BSD. You also have the option of using GPL, and asking for money from those who prefer exchanging money over sharing code, as MySQL does with its dual-licensing.

      Bruce

    3. Re:I am amazed by Anonymous Coward · · Score: 0

      It's a GPL vs BSD license thing.
      Some people really don't care. Some people think of it as life and death. Some view it as more of a spiritual thing.
      Personally, I'm more of a BSD license kind of guy. I don't care of a business takes it and throws it in their package -- so long as I get credit for it.
      Others think that businesses shouldn't be allowed to do that and any code changes they make MUST be released. This usually hurts more than helps projects because companies view that as wasted hours. What's the point if you have to give it away for free? Well, the point is to get the shit working the way you need it. But companies don't view it like that. Some do, but only a very small few.

      Even Windows has some BSD licensed code in it (or at least had it in XP, I'm unsure about Vista). Theo thinks anything other than the BSD license stifles Open Source Software because it's not truly FREE. It's arguable whether he is right or not (otherwise everyone would use one or the other). The war going on, with licensing, is more of a belief thing than anything. The war going on /that/ mailing list was more of a "we didn't do it on purpose vs. yes, you stole the code and relicensed it on purpose". The argument was that the guy checked in a ton of GPL'ed code and relicensed it (to his license) with the intent of changing everything to his code. He checked it in to CVS so others could help him. It was in -current (meaning it wasn't release worthy). He had made lots of checkins replacing the code -- meaning his intent was to change it -- and the other side got pissy. This is, of course, my interpretation of the list of mails.

    4. Re:I am amazed by Kristoph · · Score: 1

      Yes, well .... it is ... but GPL limits with whom you can share and that is the crux of the issue. By imposing that restrictions sharing, and freedom in general, is somewhat limited but, on the other hand, it does increase the overall pool of open source software.

      ]{

    5. Re:I am amazed by VokinLoksar · · Score: 1, Troll

      I don't know what your parents taught you, but for me sharing isn't "I have some cookies and I'd be glad to give you some, but only if you promise to share with others." No, it's "I have some cookies, here have some."

      If you want to share, you'll do what the developer of SQLite does and place your work in the public domain. BSD is one step away from that, and GPL is not even close. It doesn't benefit anyone when you start adding artificial restrictions on your work. Create it, be proud of it, and let others use it as they wish. That's my philosophy.

    6. Re:I am amazed by mangu · · Score: 1
      GPL limits with whom you can share


      No, it's exactly the opposite. The GPL says no one can impose limitations on sharing. Once shared, forever shared. As long as everybody respects that basic principle, it's okay to share GPL code with anyone, including commercial companies. Even Microsoft uses some GPL code.


      But of course, sharing cannot be imposed. If you don't agree with unlimited sharing, then use other licences, such as BSD, for instance. By taking GPL code and reissuing it under a BSD licence that lets users limit further sharing, you are effectively "stealing", or performing illegal copying from the author.

    7. Re:I am amazed by Bruce+Perens · · Score: 5, Insightful
      but GPL limits with whom you can share

      When you share, and the other party does not, that is not sharing any longer. That is a gift. It always entertains me that the people who protest that they are most deserving of gifts of source code from the community are those who refuse to share theirs.

      Bruce

    8. Re:I am amazed by Moridineas · · Score: 2, Insightful

      I more or less agree with you--I use FreeBSD over linux myself, and am not a huge GPL fan, but the situation is a bit different from the cookies example.

      I'd say it's more like "here you can have this cookie recipe, you can do whatever you want with it (make cookies, sell them, etc) but if you change the recipe AND distribute the cookies to anyone else, you have to be willing to share the recipe too"

    9. Re:I am amazed by Anonymous Coward · · Score: 0

      >>I don't know what your parents taught you, but for me sharing isn't "I have some cookies and I'd be glad to give you some, but only if you promise to share with others." No, it's "I have some cookies, here have some."

      To take this analogy a little bit further, imagine the big bully on the block comming and taking all of your cookies. He then refuses to share any of them unless you pay him. That is what the GPL prevents.

    10. Re:I am amazed by thryllkill · · Score: 1

      Well your philosophy is not the philosophy of the driver in question's author. And since he is the author he gets to say how it gets shared.

      Btw, software and cookies, two very different things.

      --

      Note to self: No more arguing with the faithful.

    11. Re:I am amazed by LordNimon · · Score: 1

      Would you share your cookies with the class bully? If the answer is yes, then you'd prefer the BSD license. If the answer is no, then you'd prefer the GPL.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    12. Re:I am amazed by Whatsisname · · Score: 1

      I thought that open source was about sharing code.
      You thought wrong. Open Source is merely a development methodology. Free Software is whats about sharing.
    13. Re:I am amazed by Anonymous Coward · · Score: 0

      It doesn't benefit anyone when you start adding artificial restrictions on your work.
      Really? Just like we all benefited when the Wine source used to create WineX without anything useful being contributed back? If you release a program under a BSD-esque license then there is nothing you can do to prevent some commercial entity from embracing your product, extending it by making some proprietary additions, and finally making your product irrelevant by taking most of your users and removing any compatibility between their version and yours.
    14. Re:I am amazed by theelectron · · Score: 1

      To take this analogy a little bit further, imagine the big bully on the block comming and taking all of your cookies. He then refuses to share any of them unless you pay him. That is what the GPL prevents.
      Wouldn't putting the code in public domain be doing the same thing? If I put my code in public domain and a company decides to use it after that, would that not be illegal? Or am I confusing patents with copyright too much? Damn IP laws, I'm so confused! I'm a coder Jim, not a lawyer!
    15. Re:I am amazed by TodMinuit · · Score: 1

      Sharing does not imply contributing to a commons, as you suggest. It is an act between individuals and, therefore, can stop at any given individual.

      --
      I wonder if I use bold in my signature, people will notice my posts.
    16. Re:I am amazed by Ekarderif · · Score: 1

      When you share and you force the other party to share, that is not sharing any longer. That is a fixed contract imposed on both sides.

      When I shared my lunch in elementary school, I gave away my candy bar. Whether the recipient gave me something in return was a voluntary action. If we had agreed beforehand an equal exchange, that would have been called a trade.

    17. Re:I am amazed by Score+Whore · · Score: 1

      I just looked and it appears that share doesn't mean what you think it means. You are describing trading or exchanging. I can give you some of my candy and regardless of whether you give any back, I have shared with you. Alice has candy corn, Bob has nothing, and Charity has cinnamon bears. Alice gives a candy corn to Bob. Alice has shared. Alice requires Charity to give a cinnamon bear in order to receive a candy corn. Alice has exchanged, purchased, traded, bartered, etc. but she has not shared.

    18. Re:I am amazed by gratemyl · · Score: 1

      So how does the GPL prevent that, exactly? I don't understand what you try to analogize by "the big bully [takes] all of your cookies."

      If the big bully copies your cookie recipe and improves it, I don't see why he should let you copy his recipe again from him, as long as he gives you the credit you should get, for the original recipe - this is what the BSD license ensures.

      -gratemyl

      --
      hackerkey://v4sw5/7BCHJMPRUY$hw3ln3pr6/7FOP$ck6ma8+9u6L$w4/7CGUXm0l6DLRi82NCe3+9t5Sb7HMOPRen5a17s0DSr1/2p-3.62/-5.23g3/5
    19. Re:I am amazed by bidule · · Score: 1

      This leaves the question of whether you are OK with some people who refuse to share.

      Your development of this question wasn't quite fair. This version is closer to the truth, and has the added bonus of a nice tongue-in-cheek tingle.

      BSD: We share with everyone, including those who refuse to share.
      GPL: We refuse to share with those who refuse to share, except we'll still share with some who refuse to share, if they refuse to share only with those who refuse to share. Clear?

      BSD on GPL: We share with everyone, including those who refuse to share with those who refuse to share, except as stated above.
      GPL on BSD: We refuse to share with those who share with everyone, including those who refuse to share.

      Which is why I think the "refuse to share" is not the cleanest argument for GPL. In fact, it is completely wrong in the sense that both BSD and GPL will share with anyone who doesn't share at all, neither code nor binary. But this hair has been split often enough already.
      --
      ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    20. Re:I am amazed by bidule · · Score: 1

      To take this analogy a little bit further, imagine the big bully on the block comming and taking all of your cookies. He then refuses to share any of them unless you pay him. That is what the GPL prevents.


      Except he didn't steal your cookies but duplicated them. And it costs you nothing to make more. Now if you could find the secret ingredient that bully added to make them taste better with milk, that would be something.
      --
      ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    21. Re:I am amazed by Goth+Biker+Babe · · Score: 1

      Who's better, someone who says I know you're the class bully but I'm going to give you a cookie anyway, and someone who says I'm not giving you any of my cookies you're a bully.

      The whole issue here is not the code but egos. This could have been settle amicably but no, A gets pissed about B because B has used 'A's code (and A doesn't want C to use it because C is evil), and B is then getting pissed about A about the way A exhibited his feelings about B. They may all be inteligent but they're definitely not rational and to be honest are all rather childish.

    22. Re:I am amazed by init100 · · Score: 1

      The argument was that the guy checked in a ton of GPL'ed code and relicensed it (to his license) with the intent of changing everything to his code. He checked it in to CVS so others could help him. It was in -current (meaning it wasn't release worthy). He had made lots of checkins replacing the code -- meaning his intent was to change it -- and the other side got pissy.

      Rewriting the infringing code sections would not necessarily put them in the clear, as the code might still be considered a derived work, and thus till be covered by the GPL. IANAL though.

    23. Re:I am amazed by Bruce+Perens · · Score: 3, Insightful
      Sharing does not imply contributing to a commons.

      You can share with groups as well as individuals. The main difference is that sharing with an individual can be regulated closely - if that person doesn't share in return, you know never to share with that person again and can enforce a social penalty for not sharing. With a group, you need rules to do that, and possibly more than just social mechanisms to enforce them.

      Bruce

    24. Re:I am amazed by Anonymous Coward · · Score: 0

      >>Who's better, someone who says I know you're the class bully but I'm going to give you a cookie anyway, and someone who says I'm not giving you any of my cookies you're a bully.

      You are either trolling or erroneously oversimplifying the issue. Using the BSD license you would not only give one cookie to the bully but would give them all to the bully and allow him to hoard them all and sell them. Using the GPL you would only share with people who agreed to carry on the dead and share too. I would definatly say the one who doesn't share with bullies would be better, they prevent the bullies from pushing people around.

    25. Re:I am amazed by Bruce+Perens · · Score: 1
      You are describing trading or exchanging.

      Actually, I am describing mutuality. Without it being mutual, there is no continued motivation to share. The confusion of sharing with gifts was a source of ill will among early Caucasian immigrants to North America, who even coined the derisive term "Indian giver" when the white folks didn't understand the gift exchange.

      Bruce

    26. Re:I am amazed by TPS+Report · · Score: 1

      I thought that open source was about sharing code.
      "All you can eat" buffets are about all you can eat for $5, but it doesn't quite apply to the 400lb guy who brings his own plate and napkin. Free food kitchens don't really apply to the guy in the Armani suit. There are limits to anyone's generosity, and in the case of the GPL, the limit is fairness. "You share with me, I share with you. If you just take and take without giving back, you need to get the fuck out."
      --
      I was told that I could listen to the radio at a reasonable volume from nine to eleven...
    27. Re:I am amazed by mrcaseyj · · Score: 1
      The BSD and GPL licenses have a sort of strange self contradictory quality. With the GPL you loose your freedom to take away freedom. BSD protects your freedom to take away freedom. Which is the license of freedom? Maybe both in a different way.


      This kind of reminds me of when people object to the US imposing our values of freedom and democracy on other countries. By imposing freedom we're taking away the freedom to take away freedom. By imposing democracy we're forcing the country to run the government the way the country wants to run the government (under the theory that the only way to know how the country wants to run the government is to have votes)

    28. Re:I am amazed by funkatron · · Score: 1

      Now if you could find the secret ingredient that bully added to make them taste better with milk, that would be something.

      LSD?

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    29. Re:I am amazed by Anonymous Coward · · Score: 0

      When I shared my lunch in elementary school, I gave away my candy bar. Whether the recipient gave me something in return was a voluntary action. If we had agreed beforehand an equal exchange, that would have been called a trade.
      And if you kept giving away your candy bar and the recipient never, ever gave you anything in return, would you have carried on sharing with that person? Or might you have been tempted to find a friend who was willing to share with you in return?

      None of these analogies translates well into the digital world, because obviously you can share source code with everyone but a candy bar can only be divided between so many people. The thing about physical real-world sharing is that you get to choose exactly who shares, and you can easily narrow it down to the people you personally wish to share with - whether it's because you think they need what you're offering, or because you want to make a gesture of friendship, or even just because you want to stay on the list of people they share their own stuff with.

      With digital sharing, if you use the BSD license, you don't get to choose. Anyone can take advantage of your offer, regardless of whether you consider them deserving or not, regardless of whether you approve of them or not, regardless of whether they share with you or not. If that situation appeals to you - and it appeals to many people - then the BSD license is a great choice for your code.

      But the GPL is for people who want to apply a filter to automatically restrict the list of people they share with to the people who meet a simple criterion, i.e. the people who are willing to share alike. If that criterion appeals to you - and it appeals to many people - then the GPL is a great choice for your code.

      This isn't rocket science. People have different philosophies. They use different licenses. And we have a duty to respect others' beliefs (where those beliefs are not inherently despicable - nobody has to respect terrorists), and that means we have a duty to respect the licenses they choose to put on their code.
    30. Re:I am amazed by someone1234 · · Score: 1

      You are almost correct, but BSD is the first ladder of stealing code into M$ like entities. The second step is to come back and sue the original author (like SCO does). BSD is not the beginning of software freedom, it is the end of it. Software freedom, if it ever fails, will fail due to BSD mentality.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    31. Re:I am amazed by Score+Whore · · Score: 1

      Regardless of how pedantic you want to get, the interaction you described previously as sharing most certainly does not fit any common definition of "share".

      As far as why people may choose to "give back" to the community without the coercion of a license like the GPL -- that topic has been covered better than I will ever be able to.

    32. Re:I am amazed by that+this+is+not+und · · Score: 1

      Up above you were making the clever distinction that sharing and 'making a gift' are two different things. Now you've twisted (or allowed the twisting of) of the term so that there is no distinction.

      In particular, your assertion that there is some leap of logic when groups as opposed to individuals are involved is alarming. What is needed beyond 'social mechanisms' to enforce this rarified kind of 'sharing' you describe? A magistrate and a jail? Isn't the magistrate and the jail a 'social mechanism?'

      Too many leaps here and there. And the glints of bare metal beneath the cushy 'social' arguements is insightful.

    33. Re:I am amazed by Bruce+Perens · · Score: 1
      In particular, your assertion that there is some leap of logic when groups as opposed to individuals are involved is alarming.

      Hm. Certainly you do not treat more distant relationships exactly as you would closer ones. This is getting into sophomoric territory about the operation of societies and why there is need for laws.

      What is needed beyond 'social mechanisms' to enforce this rarified kind of 'sharing' you describe? A magistrate and a jail? Isn't the magistrate and the jail a 'social mechanism?' Too many leaps here and there. And the glints of bare metal beneath the cushy 'social' arguements is insightful.
      There's a oft-spoken quote about all law, in the end, being enforced at the end of a gun barrel. This is an unfortunate truism about society, not something I made.

      Bruce

    34. Re:I am amazed by petrus4 · · Score: 2, Insightful

      I thought that open source was about sharing code.

      It used to be. If you read a book called Homesteading the Noosphere by Eric Raymond at some point, he writes in it about something he refers to as a gift culture. GPL advocates will try and tell you otherwise, but in reality the GPL is a gross perversion of that concept. The BSD license is a lot closer to it.

      The entire motivation of the GPL is fear. You will never hear a GPL advocate try and tell you that the GPL is a good idea for any reason other than to supposedly protect you from corporate predators. That is the only reason why it exists at all.

      The motivation behind Linux's development, likewise, is primarily driven by fear and hatred...generally of Microsoft, but also of the corporate world in general. A lot of the people working on Linux are doing so primarily because they want a free version of Windows, but without Microsoft's criminal behaviour associated with it.

      The motivation behind the BSDs' development is (or was, anywayz) very different; a genuine love of programming, and from that, a desire to produce something that anyone can use, no questions asked. That is what the basis of the earlier gift culture was; it was based on you doing what *you* felt was right, rather than your actions being dictated by whether or not someone else chose to reciprocate, or actually irrespective of what they chose to do at all. It's called self-responsibility.

      There are a lot of things that the FSF have done that I continue to feel outraged about, but polluting the original motivation behind open source has to be one of the very worst.

    35. Re:I am amazed by petrus4 · · Score: 1

      Without it being mutual, there is no continued motivation to share.

      Not everyone is purely self-serving, Bruce. It also used to be about the idea (at least to a degree) that the experience of creating something itself worked as a viable incentive.

    36. Re:I am amazed by petrus4 · · Score: 1

      But of course, sharing cannot be imposed. If you don't agree with unlimited sharing, then use other licences, such as BSD, for instance.

      Very clever. Of course, sharing of GPLed code is unlimited only *within* the monoculture itself. That's one of the ways in which it meets the definition of a monoculture. ;)

      I also love the emotive use of language, while implying that use of other licenses actually means that a person is acting contrary to their own best interests. You're good. ;)

    37. Re:I am amazed by Skreems · · Score: 1

      Exactly. One of the strongest aspects of software under the GPL is that it never goes away. People can take it and improve it, but only if they release their improvements so that others have the same option. This body of code that's been accumulating for the past 40 years has a massive advantage over proprietary software, in that code doesn't just disappear as it does with closed-source development. Licensing code in such a way that it CAN disappear (or at least become stunted and irrelevant) as you describe... it's death for OSS, plain and simple. It kills the momentum that makes OSS so damn good.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    38. Re:I am amazed by Mr.+Slippery · · Score: 1

      Sharing does not imply contributing to a commons, as you suggest. It is an act between individuals

      "Sharing" should be considered a transitive verb. With whom is the sharing done? The answer may be with one person ("I shared a bottle of wine with my girlfriend"), or with a community ("Einstein shared his genius with the world").

      The Free Software Movement is about building and sharing with a community.

      But regardless of the object of the verb, if the thing being shared is not returned back equally (at least roughly), then as Bruce points out it's not sharing, but a gift (or a theft). If I pass my girlfriend that bottle of wine and she drinks the whole thing herself, we have not shared it.

      The GPL ensures that people have to pass the bottle back.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    39. Re:I am amazed by mindstrm · · Score: 1

      Both licenses do one thing that has benefited us all hugely... they let people feel better about more or less giving away the code they write in one way or the other.

      Both also have different aims... but the fact that there is a mountain of modern software being developed in both camps benefitting everyone should be enough to quell any argument that one is totally inferior and should go the way of the dodo.

      It's interesting how humans argue the most about things that are almost the same. (there's a catch-phrase for this phenomenon that escapes me right now.. anyone know what it is?)

      linux -vs- bsd
      gpl -vs- bsd
      catholic -vs- protestant
      sunni -vs- shiite
      united atheist league -vs- united atheist alliance

      that kind of thing.

      Both licenses do something closed licenses don't do.. they make code re-distributable, and the world is richer for it. can't we all just get along?

    40. Re:I am amazed by Dun+Malg · · Score: 1

      Wouldn't putting the code in public domain be doing the same thing? If I put my code in public domain and a company decides to use it after that, would that not be illegal? Nope, anyone can do whatever they want with public domain stuff. It's utterly and completely unencumbered.
      --
      If a job's not worth doing, it's not worth doing right.
    41. Re:I am amazed by Dun+Malg · · Score: 1

      The argument was that the guy checked in a ton of GPL'ed code and relicensed it (to his license) with the intent of changing everything to his code. He'd have to be careful not to simply make a derivative work (e.g. simply change the variable names), but otherwise a perfectly reasonable plan, so long as he doesn't distribute it with the BSD license at the top.

      He checked it in to CVS so others could help him. Oops, wrong answer, he distributed it with the BSD license at the top.

      It was in -current (meaning it wasn't release worthy). Irrelevant. Public could download code they thought was under the BSD license, when it was really still GPL.

      He had made lots of checkins replacing the code -- meaning his intent was to change it -- Overall intent is irrelevant. There was still GPL code being publicly distributed under a BSD license header.

      and the other side got pissy. If by "pissy" you mean "objected to GPL code being distributed under BSD license without permission", sure.

      This is, of course, my interpretation of the list of mails. Wow, you must really be a strong BSD partisan to call Michael the pissy one. Michael was civil and rational the whole time, while Theo did everything short of comparing him to Goebbels.
      --
      If a job's not worth doing, it's not worth doing right.
    42. Re:I am amazed by Goth+Biker+Babe · · Score: 1

      Using the BSD license you would not only give one cookie to the bully but would give them all to the bully and allow him to hoard them all and sell them. Using the GPL you would only share with people who agreed to carry on the dead and share too. I would definately say the one who doesn't share with bullies would be better, they prevent the bullies from pushing people around.

        This is software. If someone copies it they've copied it. It doesn't deny you that software. This is why I get so pissed with people who talk about software or media theft. It's not theft. It's wrong but its not theft.

      I'm sorry but I consider the people who enforce the GPL bullies too. Just different kinds of bullies. They're not in it for money but for their egos.

      And what's so wrong about selling software. If I write software and want to give it away I'm giving it away. What others do with it I don't care. If they want to make lots of money from it then fine. If I write software and want to sell it, then that's fine too. I use Linux in commercial development. I fully comply with the GPL where it holds and write proprietary closed software where that is required too. The open source community gains because I'm being paid to code software that is part of, or ends up as open source and without the closed proprietary software that earns my company profit I wouldn't have a salary to do it. I consider it like Pro Bono legal work.

  8. BeOS, an operating system for grownups by hildi · · Score: 5, Funny

    Fast on the heels of Ballmer's tantrums and chair throwing, the BSD community was today wracked again by the borderline personality disorders and rageaholics that permeate the open source movement. Theo De Raadt, founder of the Open BSD Brigade, in an apparent fit of anger, threw his fist through a wall as he was cussing out an acolyte of Chairman Richard Stallman, leader of the competing marxist organization, the Free Stalin Foundation.

    Hans Reiser, an open source maven who murdered his wife in cold blood, commented from prison that open source programmers had no abnormal personality problems, and were all "very smart people, very intelligent." Eric Raymon, fresh from a trip to the Paul Revere Institute Convention and Bondage Festival in Las Vegas, echoed these comments: "What the world doesn't understand, is that we are geniuses. There is nothing wrong with using strong language to intimidate idiotarians and freedom hating anti-gun liberazis".

    Steve Jobs, emerging from a meditation chamber in his northern california home, opined that "he would fire half his open source staff" that night, as they had failed to properly implement a bitwise portrait of the mona lisa on the back of the motherboard for the new Apple Yojimbo motherboard family, slated to debut this fall.

    The BeOS developers, currently washing dishes at a Sacramento Olive Garden, had the following comments: "Yeah, we are kinda bummed that we lost all that money. But frankly, I'm kind of glad to be done with those freaks. Apple, Microsoft, Lunix, what a bunch of creeps and sociopaths."

    Echoed his boss "Johnny called in sick so I need you to work late tonight, is that OK?"

    --

    (parts of this story were contributed by James Gandalfini)

    1. Re:BeOS, an operating system for grownups by Rumagent · · Score: 2, Insightful

      Hans Reiser, an open source maven who murdered his wife in cold blood


      He has been arrested, but he has yet to stand trial. Given that we are "very smart people, very intelligent", we should be able to distinguish between the two. Funny comment though.
    2. Re:BeOS, an operating system for grownups by Anonymous Coward · · Score: 0

      Do you think OJ is still looking for the real killer? Given that we are "very smart people, very intelligent", we should be able to realize that he's guilty.

    3. Re:BeOS, an operating system for grownups by Anonymous Coward · · Score: 1, Insightful

      No, he's not. Innocent until proven guilty. Not "guilty if it looks like he did it."

        O.J. is innocent, too. Personally, I think he did it, but he's still innocent. The jury that hears the evidence is who makes the decision, not you or me or anyone else armed with newspaper stories and "i-heard-from-a-guy"s.

    4. Re:BeOS, an operating system for grownups by dbIII · · Score: 1, Insightful

      That's true - he wasn't charged with terrorism so due process still applies for now.

    5. Re:BeOS, an operating system for grownups by fuzz6y · · Score: 5, Funny

      Hans Reiser, an open source maven who murdered his wife in cold blood
      He has been arrested, but he has yet to stand trial. Given that we are "very smart people, very intelligent", we should be able to distinguish between the two.

      Also, Richard Stallman is chair of the Free Software Foundation, not the Free Stalin Foundation, and the BeOS developers do not wash dishes at the olive garden. It's almost like GP was making false statements on purpose, perhaps for the sake of humor or something.

      --
      If you're going to be elitist, it would help to be elite.
    6. Re:BeOS, an operating system for grownups by Anonymous Coward · · Score: 0

      He has been arrested, but he has yet to stand trial. Given that we are "very smart people, very intelligent", we should be able to distinguish between the two.

      Are you suggesting that the rest of the GP post is supposed to be taken seriously?

      "Theo De Raadt, founder of the Open BSD Brigade, in an apparent fit of anger, threw his fist through a wall as he was cussing out an acolyte of Chairman Richard Stallman, leader of the competing marxist organization, the Free Stalin Foundation."

    7. Re:BeOS, an operating system for grownups by chill · · Score: 1

      Do you think OJ is still looking for the real killer?

      Do you have any idea how many golf courses there are in the United States alone that need to be searched and verified Nicole-killer free? Any idea at all? Hell, by now the killer could also be at any number of European courses! He could even be a Yakuza contract killer who, right this very moment, is hitting 300 yard drives off the rooftop of a Tokyo skyscraper.

      Who's gonna check all those courses, you? Don't make me laugh. Until you walk a 36-hole in O.J.'s Bruno Magli's -- photoshopped publicity photos not withstanding -- don't be dissin' The Juice!

      After all, you could be next. :-)

      --
      Learning HOW to think is more important than learning WHAT to think.
    8. Re:BeOS, an operating system for grownups by roman_mir · · Score: 1

      Sure, he still has to stand trial. However I personally have some insight into this situation and I am 99% certain he killed her. My GF's sister was one of the best friends of the girl who was killed, they studied together in St. Petersburg (Russia) in the faculty of medicine. The entire situation stinks to no end, there was going to be a divorce actually, there are kids involved, there was adultery etc. The girl is the only child of her parents and they are devastated. Personally I hope that if they find him guilty, they fry his ass.
      -

      Now back to the topic at hand. I read the thread and I think that Theo has shown to be an ass-hat.

    9. Re:BeOS, an operating system for grownups by mrs+clear+plastic · · Score: 1
      Hi:


      I would like to make a proposal for some wonderful entertainment.


      Lets take a small sailboat; say 20 to 30 feet. Put Theo, Dave Cutler, Richard Stallman, Eric Raymon, Stave Jobs, Reiser, Larry Ellison, and others into the boat.


      Then cast the boat off the pier and tell them that they have to sail it around the world.


      Oh, and I forgot. Put a webcam with WIFI on the boat and set up a pay site to watch the pictures.


      This should be enough to make up for the loss of the affinity credit card for the Linux Foundation.


      Hugs and kisses

      --
      Cleara
    10. Re:BeOS, an operating system for grownups by ultranova · · Score: 1

      My GF's sister was one of the best friends of the girl who was killed

      With such hard evidence, is a trial even neccessary ?-)

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    11. Re:BeOS, an operating system for grownups by HuguesT · · Score: 1

      Technically O.J. has been found "not guilty beyond reasonable doubt".

    12. Re:BeOS, an operating system for grownups by Kragen+Sitaker · · Score: 1

      The relevant difference among these statements is that Reiser might, in fact, have murdered his wife in cold blood. I was going to say that the jury is still out, but of course that's not just a figure of speech in this case; according to Wikipedia, they will be convened in May.

      The rest of the post was sort of funny, but that part was unjustifiable. Let the law do its work.

    13. Re:BeOS, an operating system for grownups by roman_mir · · Score: 1

      Did I give any evidence? No, I am not going to give out that kind of info on a public forum. I said I have an insight and I said that IF he is found guilty I would like to see his ass fried.

    14. Re:BeOS, an operating system for grownups by ultranova · · Score: 1

      Did I give any evidence? No, I am not going to give out that kind of info on a public forum. I said I have an insight and I said that IF he is found guilty I would like to see his ass fried.

      You said "However I personally have some insight into this situation and I am 99% certain he killed her." in response to a post that reminded everyone that it's unkown whether he is guilty or innocent because he hasn't stood trial yet. You indeed failed to give any evidence for your claim besides claiming that you know someone who knows someone who knew the victim.

      In other words you made the claim that the guy is almost certainly guilty and didn't pack it up with any evidence, except an additional claim that sounds like it was taken from Spaceballs. Do you see how such statements could prompt sarcasm ? Besides, we are talking about very a serious crime here, so claiming that the guy is guilty before the trial is simply not proper behavior, IMHO.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    15. Re:BeOS, an operating system for grownups by roman_mir · · Score: 1

      Excuse me for not giving out such details on a public forum, I think that would not be proper. Everything else in my comment can be counted for an opinion. So in my opinion, which is based on understanding of the situation due to my relationship with the best friend of the deceased, the guy is guilty. There is nothing improper about stating an opinion.

    16. Re:BeOS, an operating system for grownups by Mr.+B.B.C. · · Score: 1

      Hans Reiser is not yet sentenced beeing a murderer, so you shouldn't say so. And besides: the whole humanity is a bunch of crazy naked apes, so why should it be interesting that of all things the Open Insanes are having a childish disput about null below the line ?

    17. Re:BeOS, an operating system for grownups by Anonymous Coward · · Score: 0

      Good Fucking Lord, what a bunch of horse shit. You should listen to yourself. Incredible. Like a lame comedy skit...

    18. Re:BeOS, an operating system for grownups by ultranova · · Score: 1

      Excuse me for not giving out such details on a public forum, I think that would not be proper.

      No one is accusing you of that. Leave the straw men out of this.

      Everything else in my comment can be counted for an opinion. So in my opinion, which is based on understanding of the situation due to my relationship with the best friend of the deceased, the guy is guilty. There is nothing improper about stating an opinion.

      Maybe you have good reason to think he's guilty, or maybe you just hate his guts and want to turn public opinion against him, in hopes of making it more likely he's convicted (judges and jury's are just human, in the end) or giving him hell in case he's found innocent, or maybe you're just wrong. Since you didn't show your evidence, it can't be reviewed and its merits analyzed, so there's no way to counter or confirm your claims, making them essentially equivalent to FUD.

      In other words, you're spreading rumors and harming Reiser's reputation, and doing it in a way that makes it impossible for him to defend himself even if he's in fact not guilty. That is not proper. To further illustrate the point, let's take a hypothetical post about you:

      I'm a friend of a sister of a parent of a 10-year-old kid roman_mir molested. Now, I won't post evidence for this online, of course, since it isn't proper, but I'm 99% certain that roman_mir is a pedophile and has raped little girls.

      Imagine your real name appearing on the above paragraph, where any search engine will forever after pick up the pedophilia accusation in association with your name, and think long and hard of the possible consequences, especially if you ever actually are accused of such a crime before a court; do you see the problem of posting this kind of opinions online in the way you did ?

      In short: if you can't or won't post the evidence for your accusations of serious crimes, don't post the accusations either. And yes, "I know the case, and am 99% certain he's guilty" (emphasis mine) is an accusation.

      Anyway, you either get the point or you won't, and agree or won't; either way, I've explained and argued for it as clearly as I can, and will not reply anymore, since that would be just rehashing the same argument and therefore a waste of time.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    19. Re:BeOS, an operating system for grownups by roman_mir · · Score: 1

      Oh, I see, so imagine a paragraph like this:

      ultranova has molested little children, I am 99% certain that she has molested six little boys in the past five years. She also has ties to an ultra-fundamentalist islamist group. I am 99% certain of this, but I will not present any evidence here.

      You mean to say that the above paragraph has implications going beyond speculation. I understand your point.

  9. Overreactions... by rthille · · Score: 4, Insightful


    Deanna (I think it was Deanna anyway, based on the contributed by) overreacted to the email. The only thing unreasonable about the email that I saw was the wide distribution. The initial email from Michael Buesch, IMHO, should have gone to the comitter and the OpenBSD core team...

    --
    Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    1. Re:Overreactions... by ScrewMaster · · Score: 3, Insightful

      Yes, and you could tell from Theo's initial response that it was that wide distribution that really torqued him into a pretzel. Nobody likes having their dirty laundry aired in public (it immediately alienates the very people with which you are trying to communicate: as a tactic it should be a last resort) and it is that massive CC list that makes me ponder what Mr. Buesch's real motive could have been. From a practical standpoint, if he'd just wanted to resolve the issue he should have done what you said. Instead, he managed to turn a simple request into a two-day running conflict.

      Maybe this is just an example of two developers with limited social skills stepping on each others toes. I don't know, it sure looks that way to me. Wouldn't be the first time I've seen something like this, that's for sure. Programmers are people too.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Overreactions... by Anonymous Coward · · Score: 0

      I disagree with the amount of craziness that's in that thread, however, I see hints of what Theo is TRYING to say in there, and it's what I think he's TRYING to say that I agree with. My understanding (flawed as it may be), is that the code was copied in as a place holder, something to allow basic work to continue in other areas of the driver before it came back to the code that was copied. I can completely understand this viewpoint. I completely agree with this viewpoint. The real problem is that it got into the CVS repository without the copyright statements. Something that _COULD_ be gross misappropriation of someone's work, or a simple oversight.

      Honestly I'd like to see the developer's take on this.

    3. Re:Overreactions... by HomelessInLaJolla · · Score: 1

      Maybe this is just an example of two developers with limited social skills stepping on each others toes That line had me thinking: do the devs involved have a history of finding and using each other's source code without the proper considerations?
      --
      the NPG electrode was replaced with carbon blac
    4. Re:Overreactions... by ckedge · · Score: 2, Informative

      > Theo's initial response that it was that wide distribution that really torqued him into a pretzel. Nobody likes having their dirty laundry aired in public

      The recipients list looks perfectly fine to me:

      http://thread.gmane.org/gmane.linux.kernel.wireles s.general/1558

      .

    5. Re:Overreactions... by ScrewMaster · · Score: 1

      Hey, I never claimed that I RTFA or did anything else remotely analytical. I just read Mr. Buesch's initial missive and stopped at Theo's response.

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:Overreactions... by xenocide2 · · Score: 2, Interesting

      While it's probably more socially graceful to email Marcus directly, in this case I don't think it would have been productive. Marcus was aware of the GPL'd code, and had informed Theo of it. They both knew what was going on and decided it wasn't important. I haven't had the opportunity to deal with Theo directly (knock on wood!), but I've never seen Theo interact nicely with Linux or other GPL communities, and it seems like every one ends with some innuendo blackmail over OpenSSH. But perhaps I'm just drawn to controversy when I read the news. Theo's a guy who should know better. Of course, I don't think there's any way Buesch could have known that Theo was already aware of the problem.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    7. Re:Overreactions... by MichaelSmith · · Score: 1

      Yes, and you could tell from Theo's initial response that it was that wide distribution that really torqued him into a pretzel. Nobody likes having their dirty laundry aired in public

      But his project is called OpenBSD.

    8. Re:Overreactions... by nanosquid · · Score: 1

      The only thing unreasonable about the email that I saw was the wide distribution.

      I see nothing unreasonable about it.

      The initial email from Michael Buesch, IMHO, should have gone to the comitter and the OpenBSD core team...

      The CVS repository was public, so it was appropriate to send the message to the corresponding public mailing list.

    9. Re:Overreactions... by Anonymous Coward · · Score: 0

      No -- Michael's message *had* to be public. Otherwise, anybody could've unwittingly or maliciously incorporated the code in question under the terms of the BSD license, against the wishes of the copyright holder.

      The code was made avaialable to the public illegally. A public response was appropriate.

    10. Re:Overreactions... by Anonymous Coward · · Score: 0

      I think that it was best to have served the notice publicly. Other developers might have thought that it was legitimate BSD licensed code and used it elsewhere, putting them in violation of the GPL. It would have become public discussion anyway as I'm sure that others would have questioned the removal of the code and hopefully, there would have been public disclosure made by Marcus or someone else on the dev team. Besides, we are talking about open source. There shouldn't be anything to hide, especially when it's about the code.

    11. Re:Overreactions... by Nurf · · Score: 1

      Hey, I never claimed that I RTFA or did anything else remotely analytical. I just read Mr. Buesch's initial missive and stopped at Theo's response.

      Pity. You would have seen a message from Mr. Buesch explaining exactly why each name was on the list. Basically, the individual names were people that were directly involved with the code or the driver in question, and the one list was a list for the driver. His reply seemed really reasonable to me.

      Seems to me the BSD devs got caught with their hands in the cookie jar and Theo blew up instead of trying to fix things. *shrug*

      --
      ---
    12. Re:Overreactions... by ScrewMaster · · Score: 1

      ... and Theo blew up instead of trying to fix things. *shrug*

      Now that I can believe.

      --
      The higher the technology, the sharper that two-edged sword.
    13. Re:Overreactions... by rthille · · Score: 1


      Thanks, that was a much more useful link than the one I read and referenced in my reply...

      That said, I think that if that email was the initial contact to Theo/OpenBSD, the distribution was too wide. It's not like Theo keeps his contact info secret, and in order to reach him you have to get some buzz around what you're saying (as might be the case with a company).

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
  10. sad by Anonymous Coward · · Score: 0, Insightful

    As usual, the zealots jump to conclusions without reading everything.

    The driver is deleted. Issue resolved. The point that Theo and gang are upset about is that Michael decided to take this whole thing public first, without even trying to contact Marcus first privately and asking "hey, what's up with this code in here? Can we resolve this?". Instead, Micheal threw Marcus to the zealot wolves.
    That was wrong, and yes, inhuman. Theo complained about the handling of the issue, not the issue itself which was immediately resolved.

    Theo even admitted that keeping the code in cvs was a mistake, and that it was a serious issue. The mistake being that Marcus left some GPL'd stub code in there that he fully meant to re-write. That was corrected by deleting the code. Case closed.

    Please, get the facts straight. Just because Theo can be difficult to work with at times, doesn't give all you zealots a right to assume that this is always the case and that he is an unfair, asshole. In general he stands up more for open source rights than most of you other GPL zealots. And the OpenBSD project is more true to its goals and values than any linux distribution, by far. It's OK for linux distributions and gpl programmers to sign NDAs with companies like intel, broadcomm, to write a driver. But boy, when one of their own makes a mistake, lets drag him through the mud!

    Childish. There are bigger battles to be fought, and this is a waste of energy.

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

      Childish.

      Yeah, not all grown up like calling people you disagree with "zealots" four times in a single post.

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

      The OpenBSD driver developer should've known better. If he exercised such bad judgement in the first place, maybe he would've reacted to the infringement notice by covering his tracks or doing something minimal. Theo certainly reacted in a defensive, not particulary cooperative fashion. I think the original developer was smart to distribute the notice to a wide net to make sure meaningful action would be taken, albeit with a good dose of surliness.

    3. Re:sad by Anonymous Coward · · Score: 3, Insightful

      As usual, the zealots jump to conclusions without reading everything. Yes, and to give you credit, at least you're admitting it. I doubt even Theo would make such an admission about himself.

      The driver is deleted. Issue resolved. Try this: grab someone's copyrighted code, and distribute it in violation of the license. Then when they drag you into court, just say "oh, I've deleted it now, issue resolved" and see how far that gets you.

      The point that Theo and gang are upset about is that Michael decided to take this whole thing public No, that's the excuse that Theo is using. The real reason that Theo is upset is that he got caught with his pants down.

      The reason this was brought up in public is because it's public code. The OSS development model means that everything is public. If Theo doesn't want public discussions about public code, he should not be involved in development which involves everything happening in public.

      Theo's excuse that "oh, it should have been done privately" is a smokescreen to try to distract people from the fact that someone on his team got caught violating copyright. It embarrassed him, and he got pissy about it.
    4. Re:sad by xs650 · · Score: 1

      Theo, first you get all pissy, then you post as an AC.

    5. Re:sad by dhasenan · · Score: 5, Insightful

      'Inhuman' hardly describes being open about copyright violation. Michael was polite in his initial message; the immediate responses were to flame him. It's hard to accidentally include someone else's driver code in yours; Theo still kept saying that it was clearly an accident.

      As for leaving GPL stub code...it would have been difficult to fully audit the driver code to see how much needed to be rewritten. Probably some GPL code would have stayed in the driver through release.

      But since Michael was able to discover his code in the bcw driver, it was being distributed. *That's* clearly illegal. If only a few people had CVS access and nobody was actively distributing the bcw driver, then Michael wouldn't have had a case, or even known about it. They didn't even take that step with a non-working driver. I have no sympathy for the bcw maintainers.

    6. Re:sad by FooBarWidget · · Score: 1

      Pointing out problems in public first is inhuman? If that's what you call inhuman then I don't want to know what you consider human. I fail to see why you blame the "zealot wolves"' behavior on Michael. The zealots are at fault and are entirely responsible for their own behavior, not Michael.

    7. Re:sad by Anonymous Coward · · Score: 0

      "It's hard to accidentally include someone else's driver code in yours"

      Not really, no. Especially if you're using that code as a reference. It's easy to avoid, but it's not hard to accidentally do if you're not watching for it.

    8. Re:sad by Antique+Geekmeister · · Score: 1

      Good.

      Theo's continued ill behavior towards other development teams interfered with NetBSD work and BSD copyrights, because he's made it clear he can't be bothered to play nice or encourage his development partners to play nice.. It's now going to interfere with OpenBSD, which may cost us some technical features of OpenBSD but will encourage developers to stop playing with such a niche market and move over to the more commercially and developmentally effective world of Linux.

      I mean, sheesh. have you ever tried to *install* OpenBSD?

    9. Re:sad by Anonymous Coward · · Score: 0

      Which part of the GPL prohibits source redistribution in CVS?

    10. Re:sad by buffy · · Score: 1

      Theo IS a zealot.

      The original notification message was just fine. I would've done somewhat the same--it's not _my_ job to peer through another group or organization and find out who STOLE my code--that's the job of the group.

      Theo proved, yet again, that he is an ass clown.

      One of the many reasons I dropped using OpenBSD. There's only so much self righteousness I can take in a single thread per day.

      -buf

    11. Re:sad by Mprx · · Score: 1

      The GPL doesn't prohibit redistribution, copyright law prohibits redistribution. The GPL *allows* redistribution under certain conditions which in this case were not being observed.

    12. Re:sad by Russ+Nelson · · Score: 1

      In my experience, Theo is always an inhuman asshole and should be the LAST person to expect politeness from anyone.

      --
      Don't piss off The Angry Economist
  11. So, BSD was *deriving* their driver from GPL code? by Anonymous Coward · · Score: 1, Insightful

    Starting with a source code A and morphing it into B over time pretty much makes B a derivative work of A. Buesch has a right to be pissed - your defense is that the BSD folks were deriving their driver from GPL code.

    Wriggle out of that, asshat.

    And if the code wasn't released, how'd Buesch get it?

    You called me a moron? Calling you brainless would be an insult to an anencephalic baboon.

  12. My favorite part... by mg2 · · Score: 5, Insightful

    ...is how you can scroll down past the cascade of de Raadt nonsense and find an actual reasonable response from the bcw maintainer himself!

    Unfortunately, with so much noise coming from de Raadt, the only thing most people are going to see are his ridiculous responses.

    I'm sure someone else has drawn this line before, but he reminds me of the OpenBSD mascot. Like a blowfish, he fills up with (hot) air when threatened and is very defensive.

    1. Re:My favorite part... by Tim+Browse · · Score: 5, Funny

      Having read some of the responses, and apart from Theo's arguments being dumb (like repeatedly insisting on calling use of the code a 'mistake', like Marcus fell into a well or something, when Marcus already admitted what he did), it made me wonder how he gets any real work done. I mean he left tons of responses on that thread. I got bored scrolling past them, let alone reading them.

      Doesn't he have a home to go to?

      Mind you, it's probably not a fun home to be in.

      "Evening, dear. You're home late."
      "That's because you're INHUMAN!!!"
      "Whuh..?"
      "Let me get a dictionary for you...DEMON!!!"

    2. Re:My favorite part... by Anonymous Coward · · Score: 0

      Is Theo married?

      I'd be shocked and appalled if that was the case.

    3. Re:My favorite part... by FunWithKnives · · Score: 1

      Priceless! I couldn't stop laughing after reading your comment. It really puts the situation into perspective, also.

      By far the funniest post I've read so far in this discussion.

      --
      "We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
    4. Re:My favorite part... by chris_eineke · · Score: 1

      "Let me get a dictionary for you...DEMON!!!"
      Don't you mean DAEMON? ;)
      --
      "All you have to do is be fragile and grateful. So stay the underdog." Chuck Palahniuk, Choke
    5. Re:My favorite part... by Anonymous Coward · · Score: 0

      Same here. I did read the whole original thread, The Inq, digg and deanna's post. This was the best comment on the affair.

    6. Re:My favorite part... by jez9999 · · Score: 1
      Indeed. The irony is that, having made such a fuss over this thing, Theo has probable dragged 'Marcus' through a LOT more mud than he would've been, beause now it's on Slashdot.

      Is Theo really the leader of OpenBSD? Doesn't he attend major conferences and stuff? For someone in this position, he writes (frankly) quite bizarrely. eg.

      "You are an inhuman asshole"
      and...

      > > You refuse to accept it was an accident. Therefore we refuse to
      > > accept that your public posting was an accident.
      >
      > Both exactly right.
       
      You purposely set out to humiliate him.
       
      > I never said I wanted the driver to be deleted. Re-read the whole
      > thread please. But switch your "turn the meaning of sentences over" device
      > off first, please.
       
      Your fancy words left him no choice.
      Sorry, but I just burst out laughing at that point. Fancy words? Reminds me of a Simpsons episode...

      Marge: Homer! Get ready! Patty and Selma will be here any minute.
      Homer: D'oh! Oh no...better ride this one out in the closet.
              [opens it to see Bart and Lisa standing there]
        Lisa: Sorry, Dad. This is our spot.
      Homer: Oh yeah? Well it's _my_ house, so it's _my_ spot.
        Bart: N'uh uh, because we called it.
      Homer: Did not!
        Lisa: Well, we're calling it now.
      Homer: [plaintive] You are?
        Bart: 'Fraid so.
      Homer: Ohh, they got me with their legal mumbo-jumbo!
  13. Straw man attacks and ad hominem from Theo by SuperBanana · · Score: 5, Insightful

    If you read through the email conversation, you'll see a VERY diplomatic initial message from Michael, a straw-man attack from Theo ("Do you feel that Marcus should give up his efforts?"), a VERY reasonable response ("No, he should _not_ give up. The opposite is true. He should start to contact us to get relicensing permission from us to speed up bcw development and stay legal") and then profanity and rage from Theo.

    The slashdot post, the weblog entry, and Theo's comments are all ad hominem, and baseless ad hominem at that- the core issue here is that GPL code was taken in violation of its license. The owner of the code contacted and admittedly large number of people, publicly, about it. It is hardly out of line given Theo's well-known grandstanding full of rhetoric (hardware drivers for OpenBSD come to mind.)

    Michael pointed out the violation and asked the developer/OpenBSD people to contact him to work out relicensing the code. Instead, Theo attacked him relentlessly and repeatedly. After the first 6 posts between Theo and Michael, I felt sick and stopped reading.

    1. Re:Straw man attacks and ad hominem from Theo by Anonymous Coward · · Score: 1, Insightful

      Man I dislike over used fallacies being thrown around. No, Theo seems to be upset because Buesch went public with what should have been initially a private affair.
      Reputation and respect are insanely important to most developers and being accused in public of stealing someone's stuff is damaging.
      Theo is responding with an appropriate amount of emotion if you ask me.
      He just lost a developer over what was a mistake because some egotistical coder went public with something that out of respect should have been addressed privately first.

    2. Re:Straw man attacks and ad hominem from Theo by aztektum · · Score: 2, Insightful

      It's this kind of social ineptitude that hurts F/OSS. I have talked to network administrators, mostly at small businesses, that have a hard time finding the money for MS and others during upgrade cycles, but they still find it less risky than using F/OSS because of things like this that they have read about. Politics dictates business, yes, but after you paid for something you usually have an expectation that the company won't walk away from it on you. Personal politics in F/OSS projects leads to this joke.

      Here's some advice for Theo and any other self-important nerds out there: Grow up. No one cares about how smart you are when you act like an emotionally neglected teenager. It's called a therapist, find one. Otherwise you run the risk of becoming the black sheep in a community that may turn it's back on you and your work.

      --
      :: aztek ::
      No sig for you!!
    3. Re:Straw man attacks and ad hominem from Theo by Anonymous Coward · · Score: 0

      "about it. It is hardly out of line given Theo's well-known grandstanding full of rhetoric (hardware drivers for OpenBSD come to mind." Theo's grandstanding as you so ignorantly describe it is no such thing, Theo only takes things public after lots of back in forth in private that is not going anywhere or he is being completely ignored. In this case there was no such private communication there was just a lynching.

    4. Re:Straw man attacks and ad hominem from Theo by Anonymous Coward · · Score: 1, Interesting

      Reputation and respect are insanely important to most developers and being accused in public of stealing someone's stuff is damaging.

      Then keep said stuff the hell out of your public repository if you don't want problems.

      Theo is responding with an appropriate amount of emotion if you ask me.

      It was an appropriate amount of emotion for a pre-schooler, not for a 38 year old professional software engineer.

      He just lost a developer over what was a mistake because some egotistical coder went public with something that out of respect should have been addressed privately first.

      No, Theo lost a project because said developer wanted to be a drama queen and say, "fine, I'm taking my toys and going home!" instead of accepting Buesch's gracious offer of help and licensing for part of the code. I think he got his feelings hurt because Buesch called him on the issue publicly, and IMHO that's just too bad for him.

    5. Re:Straw man attacks and ad hominem from Theo by SuperBanana · · Score: 4, Insightful

      Reputation and respect are insanely important to most developers and being accused in public of stealing someone's stuff is damaging. Theo is responding with an appropriate amount of emotion if you ask me.

      The proper response is to defend yourself against the claim, not attack the person; logical fallacies may be motivated by emotion, but that does not make use of a logical fallacy legitimate or justified. That's the entire point behind ad hominem attacks and other logical fallacies. They're poisoned arguments. Even if you have a legitimate claim, using logical fallacies in front of people who realize what's going, gives them the distinct impression that you don't have any legitimate arguments in your defense at all.

    6. Re:Straw man attacks and ad hominem from Theo by syrion · · Score: 1

      There are a lot of people on the Internet who seem to have no idea that argument has any sort of foundation beyond "yelling at someone else and calling them names." The GPL folks have an unassailable logical argument in this case, and all of the OpenBSD people just make themselves look like idiots to people with a clue. It would be nice if people understood the concepts of rhetoric and logic.

    7. Re:Straw man attacks and ad hominem from Theo by mqduck · · Score: 0

      Politics dictates business, yes


      In Soviet Russia, maybe.
      --
      Property is theft.
    8. Re:Straw man attacks and ad hominem from Theo by kjart · · Score: 1

      Theo did appear to blow it out of proportion, but his whole grievance was that this was incredibly public brought to everyone's attention, which is what was rude. Me telling you to eat with your mouth closed in person is polite; me doing so on the six o'clock news is not. There was no need to (initially) humiliate someone in front of such a crowd - contacting the person responsible is both a more reasonable and polite option.

    9. Re:Straw man attacks and ad hominem from Theo by Cylix · · Score: 1

      But if you read the posts...

      He responds that he just stick it in there and planned on rewriting it.

      I'm not sure exactly how that can be not interpreted differently.

      Theo goes off damage control in response.

      In any event, if you don't want to lose face... don't do things that will cause such respect to be lost.

      It seems so simple it's almost complex!

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    10. Re:Straw man attacks and ad hominem from Theo by init100 · · Score: 1

      Theo wants the ability to flame while keeping it private. Posting the message on a public list exposed his already well-known personality to a larger audience, and that is probably part of what Theo is so angry about.

    11. Re:Straw man attacks and ad hominem from Theo by Antique+Geekmeister · · Score: 1

      And it's not Theo's right to get so upset if it really was an accident. It's that of the author who stole/borrowed/accidentally dropped in the pot such large chunks of GPL'd code.

      I wonder what else Theo or his developers got their wrists recently slapped for that has him so touchy?

    12. Re:Straw man attacks and ad hominem from Theo by Anonymous Coward · · Score: 0

      Having unlikeable personalities is by no means an unique trait of F/OSS. That's just yet another straw man put up to avoid migrating to F/OSS. In reality, Microsoft is even worse, for while F/OSS means the occasional flame war, Microsoft means that the BSA shuts you down and other fun antics like WGA or DRM.

      Also, they may have the expectation that a company they paid doesn't walk away, but more often than not they do not fulfill this expectation. Either they go bankrupt or they discontinue the product or any of many different scenarios and you are left with a broken system without any way out. F/OSS at least allows one to circumvent those problems by giving you access to the code, so that in the worst case you are left coding it yourself instead of having your infrastructure crashing down on you.

      This is an advantage of F/OSS that cannot be stressed enough and it is stupid to make those decisions on a distorted perception of personality (those corporate types are even worse, but also much slicker) instead on the merits of the product itself.

    13. Re:Straw man attacks and ad hominem from Theo by jeremyp · · Score: 1

      Perhaps the original notice was a bit rude in that it wasn't kept to the relevant developers' lists. Perhaps an admonishment was in order (although I, as a developer would not have been too happy if I'd used and distributed the code in question under the BSD licence and had subsequently been sent a cease or disist letter by the real developers).

      However, in the whole thread, Theo never dropped the public disclosure thing and never addressed the main point which was the breach of copyright except to say it was a mistake by Marcus. If it was a mistake, it was a pretty serious one. If all of the OpenBSD developers are as casual as that, you have to question the quality and legality of their code base.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    14. Re:Straw man attacks and ad hominem from Theo by Peaker · · Score: 1

      Eating with your mouth open is legal, while relicensing others' code and plagiarism (esp. as it violates the GPL) is not.

      To say that a public notice of such illegal act (that also happens to violate the notifier, unlike eating with an open mouth) is not legitimate - is just absurd. While it may not be an act to expect between two best friends, it is socially acceptable. Not only that, but this notice was not exaggerated, was only claiming facts (and not making blatant emotional accusations), and suggested to help with relicensing. Compare this with another legitimate response - of issuing a cease and desist legal letter, and you see that the notifier here was being very generous.
      I may not have expected that kind of mail between two best friends, but to say that it is inhuman or otherwise not legitimate is a gross exaggeration.
      This issue would need to become public anyway - in order to ensure people do not use the relicensed GPL code.

      To even imply that the forum being too wide is worthy of discussion when the larger issue of GPL infringement is at hand is also absurd.

  14. BSD licence issue by Skiron · · Score: 2, Informative

    I think the crux here is grabbing GPL code untouched and using it *unannounced*in a BSD licence that allows anybody to distribute (i.e. just use it in binary releases).

    1. Re:BSD licence issue by nebulous_afterthough · · Score: 0

      Score 2 for Informative? How f*cking dumb are the people handing out points?

      Hm, let me pull some obtuse, uninformed opinion from my ass and see if I get 2 points too.

      I think you didn't read the message thread (there were at least 89 commits to CVS != untouched) and I think you have a cursory understanding of the licenses in question (the GPL allows binary releases too).

      I think this whole conversation is BS. And after this post I think I'm burning my account.

  15. As the World Turns by Anonymous Coward · · Score: 5, Interesting

    I have read all the threads on the OBSD lists.

    Without question, the Linux developer did not need to cc the whole word when first making his inquiry -- he should have contacted them in private. I would also suspect that the BSD developer was just using the Linux code as a drop-in replacement for the time being until he rewrote it with a BSD license. I do not believe the BSD developer was trying to steal anything or take credit for something he did not develop. He made a mistake, for sure, but I do not believe there was any ill will on his part.

    However, the biggest story in all of this is just how freaking childish Theo is. I cannot for the life of me figure this guy out. He kills his own cause and make OBSD look like a playground for schoolyard bullies. Imagine how much better he and OBSD would have looked if they had responded to the initial mailing list post with something like: "Hey, we would have appreciated it if you had contacted us privately. In any event, we are quite confident there was no intent to take GPL code in violation of the license. However, we will discuss this, decide the appropriate remedy, and respond to you privately. Thank you for bringing this to our attention."

    Matter solved, no drama. But Theo has to open his big fat mouth. Theo: it's called taking the high road, even if you didn't start it. Try it sometime.

    Besides, Theo himself cross-posts to other lists all the time to incite flame wars. Just look at last month's FreeBSD-advocacy list -- he cross posted during a thread about the use of his dear Puffy on an anti-blob poster. Pot, meet kettle.

    1. Re:As the World Turns by Anonymous Coward · · Score: 0

      Theo's passionate, a good quality many people are lacking.

      Nor does he care about promoting his operating system. He's not looking to make truckloads of money off it. OpenBSD is developed by people for their own damn use. Theo could care less what you think of him and his OS.

    2. Re:As the World Turns by bobsledbob · · Score: 1

      I would also suspect that the BSD developer was just using the Linux code as a drop-in replacement for the time being until he rewrote it with a BSD license

      Once the BSD developer did this, he can't very easily claim to have a "clean" implementation of the copyrighted code. You can't "drop-in" a copyrighted work and expect to duplicate it somehow cleanly under a new license.

      It would, of course, take a court to hash out the issue in this case. And of course, the two parties would likely find an agreement before that time. But none-the-less, it's just not possible to temporarily have copyrighted source code in your product and not be "tainted" by it.

      --
      Beware of geeks bearing formulas.
    3. Re:As the World Turns by NormalVisual · · Score: 1

      Which is exactly why Buesch and the other folks working on the GPL driver did it the way they did - have one team reverse-engineer the existing Windows driver and write a complete functional spec, and have another unrelated team write a totally new Linux driver to that spec.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    4. Re:As the World Turns by bobsledbob · · Score: 2, Insightful


      Right, that's the correct way to handle it.

      The BSD guy, once copying the Linux code into the repository, essentially made it impossible for BSD to have any similar functionality in that driver compared to the Linux implementation. That's probably the biggest "mistake" that was made. The copyright infringement can be dealt with. Now however, the BSD driver will be plagued with being tainted and will never be able to implement a similar driver (without the approval of the original copyright holder of course).

      Linux and BSD communities are generally friendly to each other. So, it should really be a non-issue in the end.

      --
      Beware of geeks bearing formulas.
    5. Re:As the World Turns by Bogtha · · Score: 1

      Theo's passionate, a good quality many people are lacking.

      There's a difference between passion and anger or hatred. Theo is repeatedly calling them inhuman, implying that he could introduce security holes into the Linux version of OpenSSH, and stating that he intends to persue a vendetta. Take a look at some of the things he has been saying:

      Your postings have been simply inhuman.

      And I will go out of my way to ensure that anyone in the future understands that is our viewpoint on this.

      You are a very poor example of humankind.

      You're right -- perhaps you should not trust us.

      By the way, we are the people who write OpenSSH. Perhaps you should not trust it, either.

      That isn't passion, that's hatred.

      --
      Bogtha Bogtha Bogtha
    6. Re:As the World Turns by Anonymous Coward · · Score: 2, Insightful

      > Without question, the Linux developer did not need to cc the whole word when first making his inquiry -- he should have contacted them in private.

      I disagree. Anybody who saw that code in CVS needed to know about the copyright issue.

    7. Re:As the World Turns by fbjon · · Score: 1

      Theo's passionate, a good quality many people are lacking. Nor does he care about promoting his operating system. He's not looking to make truckloads of money off it. OpenBSD is developed by people for their own damn use. Theo could care less what you think of him and his OS.
      That is a bug, not a feature.
      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    8. Re:As the World Turns by IgnoramusMaximus · · Score: 1

      That's only to be expected of Theo.

      He (and many extreme libertarians who congregate around him) see GPL as a Communist plot. We are out to get their precious bodily fluids contaminated or some such.

      Subsequently any action on the part of BSD developers (including wholesale code stealing) is automatically justified (or a mere "mistake" when caught) and if a GPL project asks for something to be dual-licensed ... oh whoa! Quote theo: "OVER MY DEAD BODY".

      The man is a lunatic.

    9. Re:As the World Turns by init100 · · Score: 1

      Once the BSD developer did this, he can't very easily claim to have a "clean" implementation of the copyrighted code. You can't "drop-in" a copyrighted work and expect to duplicate it somehow cleanly under a new license.

      Exactly. That would be called a derivative work, probably even after the GPL code had been rewritten. The original code is covered by the GPL, and therefore each successing version of the partly rewritten code would be covered by the GPL. Thus, even when the last part of the original GPL-code is removed, the code would still be covered under the GPL, since the last version was.

      IANAL though.

    10. Re:As the World Turns by MichaelSmith · · Score: 1

      He (and many extreme libertarians who congregate around him) see GPL as a Communist plot. We are out to get their precious bodily fluids contaminated or some such.

      There are several different philosphies which define BSD and the license is the least important, IMO. I find it strange that BSD people attach so much importance to the license given that it was really an arbitary outcome of a court case in the 1990's, not the result of thinking what kind of license do we want to distrbute our software under?

      Arguing about the BSD license should not mean arguing about BSD in its entirety.

    11. Re:As the World Turns by IgnoramusMaximus · · Score: 1

      Arguing about the BSD license should not mean arguing about BSD in its entirety.

      Of course. But I am not sure if that is how Theo preceives things. Shall we say that the size of his ego is somewhat less then the size of the known universe?

      The BSD project, just like Linux and various other GPL/MIT/Mozilla/WhatNot licensed ones attract all sorts of individuals for all sorts of reasons. Some ideological, some practical. So it would be indeed unfair to paint all BSD developers and the BSD project as a whole with one brush.

      But you gotta admit that Theo is doing his damnest to always position himself front and center if any BSD-project or BSD-license related controversy.

      Subsequently many people end up associating the whole of BSD with Theo's antics.

    12. Re:As the World Turns by petrus4 · · Score: 1

      Matter solved, no drama. But Theo has to open his big fat mouth.

      I greatly admire Theo, personally. There are people in this world who are in desperate need of being told on a continual basis to fuck the hell off, and Theo has the courage to do that.

      Maybe he's foul mouthed, sure...I am myself at times. As I said to Bruce Perens, I find it far more offensive personally that there are individuals who are opposed to the use of profanity, but who as long as politeness is exercised, have no qualms whatsoever about doing far worse things than simply cussing someone out. I don't try and pretend to take the moral high ground, and I don't have a lot of time for other people who do. Honest negativity is something I find a lot more tolerable than hypocrisy...people who are genuinely insidious but who try and hide that behind a false veneer of light.

    13. Re:As the World Turns by petrus4 · · Score: 1

      He (and many extreme libertarians who congregate around him) see GPL as a Communist plot. We are out to get their precious bodily fluids contaminated or some such.

      No...it's just that the guy who wrote the GPL is a raving megalomaniac, who also enjoys falsely leading people into thinking that he's actually the complete opposite. Some of us tend to have issues with such people; it's part of the whole "extreme libertarianism" thing, you understand.

    14. Re:As the World Turns by IgnoramusMaximus · · Score: 1

      No...it's just that the guy who wrote the GPL is a raving megalomaniac, who also enjoys falsely leading people into thinking that he's actually the complete opposite.

      I am not arguing that RMS is bereft of a sizable ego. But he was not involved in this, or as a matter of fact in most of the GPL/BSD-related flamewars. Unlike Theo who somehow seems to find his way into every single one of them.

      Some of us tend to have issues with such people; it's part of the whole "extreme libertarianism" thing, you understand.

      And therefore you don't have "issues" with Theo? Then I believe your stance has a name. It is called: hypocritical.

    15. Re:As the World Turns by petrus4 · · Score: 1

      I am not arguing that RMS is bereft of a sizable ego. But he was not involved in this, or as a matter of fact in most of the GPL/BSD-related flamewars.

      Stallman doesn't generally get directly involved in too many arguments, from what I've seen. It's a lot safer for his image that way. If he doesn't get involved, there's no risk of him getting angry and mouthing off at someone himself, a la Theo, so he gets to maintain the perception that he is more elevated. The FSF also like to maintain the perception that if anyone has objections to their ideology, it is merely due to a lack of understanding on the part of the individual, rather than any inherent logical flaw in the ideology itself. Sticking to a largely passive/responsive stance (rather than being proactive) where communication is concerned makes that easier.

      Also, he doesn't actually need to get involved in arguments; he has people like Bruce Perens and his numerous other fans and underlings (many of whom are genuinely far more skilled in diplomacy, which is invaluable) in various places to do it for him. The mouthpiece strategy would be a win for him either way; if they say something positive he could later take credit for it himself, whereas if they do or say anything negative, it won't be attributed to anyone other than themselves, and there's no risk of it coming back to him in any way whatsoever. By never being around directly himself, he would also be able to cultivate the impression that he is too important to be able to spend time in conversations/arguments, as well.

      It also means that adherence to his philosophy gets enforced both here and other places, (by his advocates) without him having to appear overtly dictatorial by doing it himself.

      And therefore you don't have "issues" with Theo? Then I believe your stance has a name. It is called: hypocritical.

      However vicious Theo might be, he doesn't try and pretend to be anything other than who/what he is, and he also fights his own battles. I respect that.

    16. Re:As the World Turns by IgnoramusMaximus · · Score: 1

      Wait, let me get this straight...

      So RMS is a conniving, underhanded, scheming commie overlord who spreads his powers via mind-control rays because ... people happen to agree with him (as I do) while he also somehow manages to avoid getting into psychotic episodes and tantrums on every mailing list? And the FSF is a dastardly smokescreen to hide those massive "inherent logical flaws in his ideology itself" from the poor, innocent, beffudled public, no? Could you enumerate some of those "flaws" so that we can see the horror in its full, horrific glory? Don't be shy!

      Then Theo is "not pretending" and "fights his own battles" because he personally flies off the handle at the slightest provocation, viciously growling and barking at everybody who dares to go near his "turf", no? Which of course (unlike RMSs devious civility) is a "respectable" (according to you) activity ... resulting in the BSD project being relegated to the fringes of FOSS. Because Theo is ideologially "pure" "victim" of RMS's soon-to-be October Revolution, part deux, no doubt..

      I am developing a strong suspicion that you are one of those anti-GPL zealots who see Theo as a prominent presence in the pantheon of libertarian saints. Subsequently no possible action of his can result the loss of your "respect" for him. Conversly RMS is the Evil Incarnate, sent here by the Satan himself, in order to lead the innocent but ignorant flock away their straight, "natural" and "obvious" destiny of Libertopia (where all software is either 100% commercial or BSD).

    17. Re:As the World Turns by Anonymous Coward · · Score: 0

      I guess you really hate yourself, since you apparently think that a public shaming is worse than breaking the law, not to mention totally disrespect the original authors and their wishes.

    18. Re:As the World Turns by Anonymous Coward · · Score: 0

      "people happen to agree with him (as I do) while he also somehow manages to avoid getting into psychotic episodes and tantrums on every mailing list?"

      FYI both RMS and De Raadt are known for 'trolling' and other similar pestering on public e-mail lists. They're often found on ignore lists and such.

      For me personally, I find RMS less hateful. He sounds more like a robot whereas Theo I find more manipulative/mean. But I believe they're both autistic/aspies, and I use software from both. It also seems RMS shuts up more these days, having other people doing that specific part he's not particularly good at (PR et al).

    19. Re:As the World Turns by drerwk · · Score: 1

      I'd mod you up - this seems to be missing from most comments, that if you put the GPL in as a placeholder and work from there it is derivative.

    20. Re:As the World Turns by Anonymous Coward · · Score: 0

      I'd protest the classification of Richard Stallman as a raving megalomaniac.

      He's merely a raving attention-whore.

    21. Re:As the World Turns by Anonymous Coward · · Score: 0

      He kills his own cause and make OBSD look like a playground for schoolyard bullies.

      What do you mean "like"? Have you ever been on an OpenBSD list? If you post a question that you don't know the answer to already then you are wrong. No. Stop. Fuck you. Moron. Newbie. Loser.

      Never mind that you checked the docs best you can, if you don't understand it as well as the maintainer, you suck. Cock bite. Bastard. Fucker.

      OK, they aren't a bunch of assholes with Tourette Syndrome. Tourettes is a diseased marked by involuntary actions. These people have the (fairly normal) urge to hate their fellow beings, but rather than just spout off at other drivers, they found a place they can do it electronically. Their minds are weak, or they'd fight their urges instead of finding a forum for them.

    22. Re:As the World Turns by IgnoramusMaximus · · Score: 1

      For me personally, I find RMS less hateful.

      And that is the crux of the matter. RMS has his ideology, no doubt, but those principles do not seem to be wired together with violent loathing and base hate of all the other ways of doing things.

      So he also tends to attract people who are of similar mindset.

      For the record, even though I find extreme libertarians amusingly and hopelessly misguided, I wish them and all the ideologically related projects, such as BSD, all the luck (not in small part because I think they'll need it). As long of course as they do not attempt to conduct outright warfare on all those "heathen unbelievers" around them in the name of "personal responsibility" or "objectivist values".

  16. Silly by Bogtha · · Score: 5, Informative

    The crux of Theo's complaint seems to be that they "went public" by emailing too many people. When some of the people in on the email pointed out that they were the ones that actually did the hard work of reverse-engineering, Theo said:

    And how exactly does seeing this public flogging involve you?

    Wow. Just, wow. I often agree with Theo even when he's being a knob because he's usually got a point. But in this case, he's been embarrassed, and he is using whatever he can think of as an incredibly flimsy excuse to attack the people whom the OpenBSD developer plagiarised. What a childish, unproductive attitude. Pulling the code and giving up on the driver instead of taking them up on their offer to relicense the code is cutting off your nose to spite your face, and worse for your users. Just take your ball and go home, Theo.

    --
    Bogtha Bogtha Bogtha
    1. Re:Silly by kv9 · · Score: 1

      it happend in the past and only good things came out of it (PF anyone?). don't get overly dramatic, we're not on teevee.

    2. Re:Silly by Monkeybaister · · Score: 1

      The biggest oversight on Theo's part is that this wouldn't have made Slashdot if he hadn't replied. It would have just been some message on a mailing list, and most of humanity, the Internet, Linux people, would have never noticed or cared. I now want to have as little as possible with Theo, and it'd be hilarious if he intentionally, knowingly, and purposefully put holes in OpenSSH to exploit Linux only. That would get him sued (because of those three great lawyer words I used). That and some of his comments in the thread about how to get around copyright would suggest a very poor understanding of law.

    3. Re:Silly by Moflamby-2042 · · Score: 1

      Theo isn't saying HE's the one pulling up the driver, he is talking about the driver's writer who essentially got publicly shamed by this -- he was saying that he wouldn't be surprised if the driver's maintainer took his ball and went home from the grief from this.

      The way this was handled from the very first message was extremely counterproductive. Emotional outbursts are not unexpected when the first you hear of an issue is in a very public volley against you. Even if an issue cannot be worked out first privately and fixed, there could have at least been a simple "heads up" sent between friends first before the shit hit the public fan. This has to be there somewhere in Common Sense Diplomacy 101.
       
      Understand that breaking this rule always strains relations and is an often used tactic by those who want to draw attention specifically to themselves at expense of others, or otherwise have an agenda against the target. So if it was just not knowing any better then it should not happen again in the future. I'd never work with anyone who thought otherwise unless I was forced to.

      If you skip the step of private communications to the appropriate people first or minimally sending a heads up letter you will generally see PR fallout of people working out these issues publicly with far hotter heads. This is not the best way to handle technical things that benefit us all since generally only inferior or just temporarily "sufficient" solutions are found in a panic.

    4. Re:Silly by k8to · · Score: 1

      PF isn't really comparable. In this case work was already ongoing to create a BSD licensed workalike, which has now been stalled or halted.

      PF was assumed to be bsd-licensed by many many people, and was only clarified as not by the author in a less than fully forthcoming manner. In this case the license of the original code was clear as a bell, the original author identified the problem, notified the interested parties, and offered to make changes to assist the situation. They're totally different.

      And it's not like Theo will write a brilliant driver for this one piece of hardware that will totally change the way that people use that hardware and make it much more useful for everyone. Which is what IPF did.

      --
      -josh
    5. Re:Silly by kv9 · · Score: 1

      maybe not on the same scale, but usually OpenBSD doesn't get stuck into these kinds of arguments for too long, and whips out some code. and you have your pf-s wrong. IPF got kicked out and PF got written from scratch.

  17. undeadly != BSD community by hubertf · · Score: 1

    undeadly == OpenBSD community

      - Hubert

  18. I don't get it... by NevarMore · · Score: 1

    OpenBSD ?= free
    GPL ?= free

    So who the hell cares and why is this a problem?

    1. Re:I don't get it... by Anonymous Coward · · Score: 0

      Mod parent -1, Lazy & Clueless

    2. Re:I don't get it... by fiftyfly · · Score: 1

      Essentially the BSD license is a little more permissive. So releasing code you don't own is something akin to a privilege elevation exploit - you've attained more (legal) rights than you were entitled to.

      --
      "Sanity is not statistical", George Orwell, "1984"
    3. Re:I don't get it... by Anonymous Coward · · Score: 0

      Why people care? It's called "copyright", I'm sure you've heard the word before. You might want to look it up though.

      And the reason at least sane people find theo & co despicable is that they essentially piss all over the very foundation of the free software community, which happens to be copyright, by trying to make the fact that the original author publicly shamed the obsd crowd into a bigger issue than the fact that openbsd developers made something that is actually illegal.

      Another point is that theo is absolutely retarded to act this way, could you imagine a better way to serve FUD-ammo on a silverplate to the SCO's etc of the world?

      "Oh, you're using OBSD? I hear those guys aren't overly concerned about copyright, it would be a pitty if it was running illegal code wouldn't it? We can offer you a license - special deal - $699, only today."

    4. Re:I don't get it... by The_Wilschon · · Score: 1

      The BSD license is more permissive, and the GPL is more free.

      By putting the driver code under the BSD license (illegally), the BSD dev opened up the possibility for Broadcom to take the driver code and use, distribute, and sell it under a non-free license. This is precisely what the original author (who does have and should have (nearly) complete authority to say how other people use his work) wanted to avoid, and hence why he put it under the GPL originally. He did not want his code to be used under a non-free license, and the BSD dev essentially handed it to Broadcom to do precisely that with it.

      Then, the original dev offered to relicense it so that BSD could use it legally, which was a rather generous move on his part, as it winds up allowing exactly what he didn't want to have happen. This was a peace offering to say "hey, you (BSD guy) are in the wrong, but because I value the peace between us more than the correctness of your action, I'll fix things so that you are not in the wrong anymore.". The BSD dev and Theo both threw a hissy fit at this, which is absurd and a mystery to me.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    5. Re:I don't get it... by TodMinuit · · Score: 1

      The BSD license is more permissive, and the GPL is more free.

      How is the GPL more free? Code licensed under the GPL is encumbered by the GPL, and therefore not free.

      --
      I wonder if I use bold in my signature, people will notice my posts.
    6. Re:I don't get it... by Anonymous Coward · · Score: 0

      Some people say GPL is more free because it "promotes freedom." Personally I think this is a bit of a contortion of logic.

      I think a better way to describe the merits of the GPL is that it always allows an author to enjoy the benefits of improvements that other people make while BSD doesn't make such a guarantee. It's definitely a more selfish view of the GPL, but I don't think it's an unreasonable one.

  19. Summary of the Facts by fuzzyping1 · · Score: 0, Flamebait

    I made the following comments at the OpenBSD Journal, but I think they are valid and should be heard amongst the Linux zealotry.

    • Nobody disputes that GPL code was committed to OpenBSD CVS.
    • Nobody disputes that this was in violation of your license.
    • Nobody disputes that the bcm43xx code was a cleanroom implementation that took a long time to complete.
    • Nobody disputes that Michael Buesch was one of the authors of said code.

    None of these facts are relevant to the discussion. The sole issue is that Michael Buesch made a public spectacle out of Marcus' mistake. It should have been addressed privately between developers, and then broadcast publicly if discussions were unsuccessful. Regardless of whether you believe Marcus' actions were a mistake or a theft, you must give someone with his track record the benefit of the doubt. By embarrassing him publicly, Michael destroyed Marcus' motivation to work in bcw(4) and benefit the non-GPL user communities.

    Even Jeff Garzik, one of the bcm43xx developers, admitted that Michael's actions were wrong. It's unfortunate that Michael Beusch is more concerned about defending his actions than correcting the injustice.

    1. Re:Summary of the Facts by mbuesch · · Score: 5, Informative

      None of these facts are relevant to the discussion. They _are_. Actually, these seem to be the _only_ facts that are relevant to the discussion in the first place.

      Even Jeff Garzik, one of the bcm43xx developers Jeff is not one of the bcm43xx developers. He's the linux net maintainer.

      It's unfortunate that Michael Beusch is more concerned about defending his actions than correcting the injustice. It's interresting that people seem to think _I_ have to apologize, as the OpenBSD developers did the Bad Things in the first place. There's a simple rule: Don't violate copyrights and don't get blamed for it. It's so simple.
    2. Re:Summary of the Facts by moikka · · Score: 4, Interesting

      It turned a spectacle only after Theo responded the way he did. The correct response would have been "Oops, you are right, there seems to be a problem. We'll sort it out". With this response there wouldn't have been any spectacle and everybody would have been fine afterwards. Michael could have made first contact by email but equally well what he did was within reason. If Michael would have started be creating an thread on /. that would have been out of line, but not this. After all Marcus did copy code into his own project stripping out the original copyright notice and distributed the result in violation of the copyright Is this not the real beef in here? >>> Nobody disputes that GPL code was committed to OpenBSD CVS. Theo tried to dispute this many times by trying to ridicule Michaels point by making strawmen about whitespaces and stuff. It is just that Theo was not succesful when he tried to dispute this.

    3. Re:Summary of the Facts by bobsledbob · · Score: 1

      I think it's your decision to make how you reply to the situation. I respect your decision to "go public" with the information, and I do not defend the "backlash" that you're getting from doing so.

      However, I think you didn't play your cards in the right order. Because you've decided to play your ace out front, you're getting clobbered in the PR department.

      It's like the people who find vulnerabilities in proprietary software. The respectable thing for them to do is disclose the problem to the software company, privately first. If the company decides not to address the problem, then you go public. It's the "politically correct" (for lack of a better term) way to handle the situation.

      Same thing here. You could have written the maintainer of the code directly and sought a resolution off the public record. If the maintainer didn't come to an appropriate agreement (as decided by you and the other copyright holders), then you would be forced to go public with the information (or alternatively seek legal action).

      You're right, of course. The BSD folks made a mistake including your code. They should deal with the consequences of that mistake and make amends for it. However, you could have played it a bit cooler too and the whole issue wouldn't have gotten so out of hand.

      The way you've handled it makes it look like you've got an ax to grind or some political statement to make.

      --
      Beware of geeks bearing formulas.
    4. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      None of these facts are relevant to the discussion.

      Are you serious? Those facts ARE the discussion. I'm starting to wonder about Theo's ethics here -

      Michael Buesch: Hey guys, you copied some of my stuff without permission, how about we talk about it and work this out?
      Theo: It was a mistake, what's your problem? Why did you have to go and tell EVERYONE about it?
      Michael Buesch: Well, my stuff was taken more than once, and committed over a period of time, how is that a mista-
      Theo: You're inhuman!!!!
      Michael Buesch: Er, what?

      I can see how both parties can be a little pissed, but I'm fricken amazed at how Theo was able to turn it all around and make Michael look like the bad guy. That's some wicked jedi marketing spin right there.

    5. Re:Summary of the Facts by glasn0st · · Score: 5, Insightful

      I seriously cannot believe this. Why should the discussion focus on shooting the messenger? A developer was caught infringing on copyrights pants down. The infringement is hard to do without intent. Would you deal with such a "rogue" developer privately, or send a mail to project mailinglists (perhaps a core or dev list) which likely would be public anyway? Maybe OpenBSD would mail people privately, but can you not understand that others decide otherwise? If your developer makes these kinds of mistakes, the issue WILL be public and you WILL have to make a statement sooner or later.

      Transparency on copyright issues is just as important as transparency on security. It serves as an example to all open source projects to be watchful about these issues. This is not only about OpenBSD. OpenBSD is a mature open source project and they have nothing to be insecure (huhuh) about. Sometimes OpenBSD may have exploits, sometimes it may have copyright issues. We live, we learn. Code-wise this is a small issue and it's a fixable issue, as the bc43xx developers said in their statement.

      I find the approach of the bc43xx developers perfectly defendable. The first mail was clear, diplomatic, complete, and explicitly offers to work out a deal. That's more than you usually get when you infringe on someone's rights! Unfortunately, the only result of it was another episode of "the Theo Show". Even though the issue was broadcasted, the OpenBSD project still had a great immediate opportunity to contain the issue. Instead, the bc43xx developers doesn't receive much but irrational unconstructive replies, intentional misinterpretation, blaming people for OpenBSD's own developer's decisions, etcetera.

      If going public with an issue is inhuman, how is turning the debate into a flamefest human? It was shameful to read. The Theo Show IS the public spectacle. Perhaps it is part of how he defines his personality. In fact, this rogue attitude seems to work for OpenBSD - OpenBSD regularly gets a lot of mainstream exposure from these kind of fights. Maybe it's what saving OpenBSD from becoming irrelevant. Well, good for them. They probably make a great OS (I use FreeBSD exclusively). It's just too bad that they haven't got a Broadcom driver. :)

      --
      ( ^_^)/
    6. Re:Summary of the Facts by Omega996 · · Score: 2, Insightful

      The unfortunately consequence of your action may well be the next time you or another GPL developer make a mistake involving BSD/ISC licensed code, you will be publicly burned at the stake first with no good-faith attempt for you to correct privately what may well be an honest mistake. You know de Raadt's got a vengeful streak - he's still holding OpenSSH over everyone's heads, um des Gottes willen. I think the majority of the people agree with you, Michael, that Glocker should not have committed the GPL code to their CVS; the real sticking point is that you didn't offer the man an attempt to remedy the situation privately and in good faith.

    7. Re:Summary of the Facts by Mathiasdm · · Score: 1

      "Nobody disputes that GPL code was committed to OpenBSD CVS."

      That IS a relevant fact. It was committed to a PUBLIC CVS. So it should be brought in public. Others might have already used the conflicting code, so yes, this should be known.

      --
      Join the anonymous, help develop the network: http://www.i2p2.de
    8. Re:Summary of the Facts by overnight_failure · · Score: 1

      None of these facts are relevant to the discussion. They're relevant to the discussion that you're trying to avoid.

      I personally would have started the conversation privately. However...

      The way that Theo and others are trying to deflect from the original and serious issue displays an absolute lack of professionalism. Seriously, if all the driver developer gets is a public scolding then maybe he should think himself lucky.
    9. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      Marcus' response (asking for time to replace the code) seemed fairly reasonable to me. What seems should have happened was marcus worked on this outside of CVS and not committed the GPL code (even with the intention of totally re-writing the offending portions). I gathered that the reason it was submitted to CVS was in hopes of others being able to help. In any case, the way I see it, you certainly don't need to apologize, and Marcus sort of already did. Now it just needs to be decided whether the offending code can stay in their development CVS long enough to re-write it.

      "Forgive us our trespasses as we forgive those who have trespassed against us" comes to mind, and Christian or not, it has universal merit. Aside from this being a minor struggle in the scheme of things that never should have escalated this far, I think that it can still be resolved equitably.

    10. Re:Summary of the Facts by quantaman · · Score: 2, Informative

      None of these facts are relevant to the discussion. The sole issue is that Michael Buesch made a public spectacle out of Marcus' mistake. It should have been addressed privately between developers, and then broadcast publicly if discussions were unsuccessful. Regardless of whether you believe Marcus' actions were a mistake or a theft, you must give someone with his track record the benefit of the doubt. By embarrassing him publicly, Michael destroyed Marcus' motivation to work in bcw(4) and benefit the non-GPL user communities.



      Even Jeff Garzik, one of the bcm43xx developers, admitted that Michael's actions were wrong. It's unfortunate that Michael Beusch is more concerned about defending his actions than correcting the injustice.

      I agree with you that doing in a public forum was harsh and that responding privately would have been more polite and possibly would have lead to a better resolution. But I don't agree with Theo's hyperbolic characterization of Micheal and the others as a bunch of GPL fanatics relishing at the opportunity to drag an OpenBSD developer through the mud and then try to make him come back begging like a dog (yes he used both those metaphors). Micheal and the others were probably a little angry, with good reason, their code had been copied without permission and without credit. How would you feel if you saw another open source developer was taking your work and passing it off as their own? My guess is responding in a public forum was their way to both get back some of that credit and perhaps give a little vindictive shaming. Not the purest of motives but not entirely out of line either.

      However Theo's first reaction was to turn the situation into an attack on Micheal. Note in the first email Theo sent his first suggestion of how the problem may be resolved was "Maybe he'll just delete the driver and quit even trying, because you chose to cc so many people, and malign him. Maybe he'll simply replace every single line that looks similar, and then he could rightly not even mention any of the efforts of people like you". So his first suggestion is that the developer quit, his second is that the developer remove any GPL code from the driver (denying the GPL authors credit is given as a prominent benefit here). No where in the email does he directly acknowledge the option that the bcm43xx developers did give, to relicense a bunch of that code under BSD. To me it sounds like Theo had no interest in coming to a constructive solution and instead was just trying to turn the situation around into an attack on Micheal and the others. Note that despite sending the email in a public forum their entire dialog was very polite, constrained, and actually trying to find a solution. The only other thing they could be faulted was stating their belief that the copying was deliberate and the developer knew he was violating the GPL, considering the developer was an experienced BSD contributor I'd say these beliefs are valid.

      Note that by the time Marcus had gotten around to responding (no idea if he was hesitating or if he hadn't read his email yet) Theo had already turned the thread into a full flame war (with him doing all the flaming). Also Theo had already presented the idea, multiple times, that Marcus just quit and never acknowledged the idea of asking the original authors to re-license some of the code (which they repeatedly said they would do) as a valid solution. In my opinion Micheal Buesch bears very little responsibility for the developer quiting, Theo basically left him with no other option (besides contradicting him).
      --
      I stole this Sig
    11. Re:Summary of the Facts by azrider · · Score: 1

      I seriously cannot believe this. Why should the discussion focus on shooting the messenger? A developer was caught infringing on copyrights pants down.
      And the code in question was committed to a public CVS repository.

      Transparency on copyright issues is just as important as transparency on security.
      And it serves notice on all who may decide to check the code out that there is a serious issue regarding licensing, so that they know to steer clear until the details are worked out.

      The first mail was clear, diplomatic, complete, and explicitly offers to work out a deal.
      Even though the spanking was done publicly, it was none the less deserved. Both communities have lost by the unwanted attention this flame war generated.
      --
      And ye shall know the truth, and the truth shall make you free.
      John 8:32(King James Version)
    12. Re:Summary of the Facts by Bogtha · · Score: 2, Informative

      Nobody disputes that this was in violation of your license.

      Actually, a number of times Theo characterised their complaint as being about copyrighted whitespace and variable names, even after being told to look at the code. Example:

      I mean, if I were him, why would I bother going on, when there are accusations about copyright being based on white space, variable names which are the same, or simple "save the registers" algorithms which you feel are too similar.

      --
      Bogtha Bogtha Bogtha
    13. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      Dude, I sure hope you act that way in real life sometime. I bet you wouldn't like the teeth of the copyright law. Being an arrogant prick on /. is cheap, however, real life copyright infringement isn't.

    14. Re:Summary of the Facts by gwk · · Score: 1, Flamebait

      >They _are_. Actually, these seem to be the _only_ facts that are relevant to the discussion in the first place.

      It hasn't been relevant for more than two days now
      http://www.openbsd.org/cgi-bin/cvsweb/src/sys/dev/ pci/Attic/if_bcw_pci.c

      >It's interresting that people seem to think _I_ have to apologize, as the OpenBSD developers

      You don't owe an apology to the OpenBSD developers you owe an apology to *ONE* OpenBSD developer Marcus Glocker. You called him a thief in public smeared his name without doing him the courtesy of contacting him about the problem. I hope if you ever make a mistake in public the aggrieved party is a lot more understanding.

    15. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      You did the right thing. Theo was embarrassed about it and went in the "public asshole mode". He is used to be the righteous asshole, not the opposite.

      You even offered to re-license the code in the original email, which was more than needed.
      Marcus fucked up big time. Copying a GPLed driver is not a honest mistake. Even if he planned to rewrite it by pieces, he was wrong (the result would have been a derivative work, and covered by the GPL). He dropped the driver because there is no way he can come up clean after that.

      And, I am not a GPL/linux zealot, and I am more in the BSD side of the fence.

      But hell, you don't have to apologize to anybody.

    16. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      As a Linux user and developer myself (I'm starting to do more and more BSD too), I think it was very immature in the way you CC'd the world and didn't know how to deal with a simple, minor issue. Perhaps you should apologize or find a better way to correct what you caused. You seem to think you're a spokes person for Broadcom and you've only done them harm in your poor actions; regardless if you see how or not - perhaps beyond your scope of understanding...

    17. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      The correct thing to do now would be for Michael to apologize for sending a wide distro initial email and Theo to apologize for taking it to far. Anything else is just pride and ego.

      And if anyone thinks this type of blowup is limited to the OSS community, they have never worked on a large developer project. Friction is inevitable.

    18. Re:Summary of the Facts by chezmarshall · · Score: 1, Insightful

      There's a simple rule: Don't violate copyrights and don't get blamed for it. It's so simple. There's another simple rule that nearly everyone ignored in this discussion: don't shout and wave your arms when speaking softly and rationally will do just as well.

      Michael: should have emailed OpenBSD folks privately, pointing out the similarity of the code and determining whether the similarity is a coincidence, a bad idea of using GPL code as a placeholder (as seems to be the actual event), or outright theft. If there's inadequate response to the inquiry, only then should Michael have sent email to hundreds and hundreds of people about it.

      Theo: should have taken the whole matter off-line as quickly as possible.

      everyone: let tempers cool. Wait a few minutes before firing off the next salvo.

      The whole thing could have been resolved with a few emails, and everyone would probably have felt OK about any outcome. Instead, the outcome is (from the outsider's perspective) the worst possible, and no one is happy about it.

      Be careful about who you call a thief. Defaulting to a conclusion of theft when there could be an innocent explanation ("fair use," anyone?) is a terribly pessimistic way to go through life. Default to a belief that there is a reasonable explanation for the circumstances, and investigate further.
    19. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      You are a fucktard of the highest order.

      I see Theo is posting here, too.

    20. Re:Summary of the Facts by AndrewM1 · · Score: 5, Insightful

      Sorry, but when someone's called on you to explain seemingly-illegally-copied code, telling them to "go fuck themselves" is not a bloody option. Try that in the real world sometime, and see how fast an indictment for copyright infringement and the corresponding civil suit comes flying in.

      Also, you say he "kill[ed] a truly free implementation of the driver in question," you are totally missing the issue. The entire point of this debate is that the bloody driver wasn't free at all! It was GPL'd code, which gives you the rights to use it within the terms of the GPL. Stripping the legitimate author(s) name(s) from the code and relicensing it under a looser (or, in the case of the GPL, tighter) license is one of the main things the GPL and other licenses are designed to prevent.

      I find it regrettable that Michael decided to go so public with this (indeed, as others pointed out, it could probably have been solved privately) but it is absolutely his right, as the "sorry little fuck" who owns the copyright on the code, to protect it as he sees fit. I think the OpenBSD team should be remarkably relieved that Michael diplomatically approached the issue and offered to assist in relicensing the code instead of simply suing Marcus and the other perpetrators of this infringement.

      So stop heaping abuse on the guy simply because he chose to protect his legal right to have his original product (the code) used only under the license he selected for it and to not have it used outside those boundaries by anyone else, whether by accident or design. Instead, give him credit for offering to assist in reaching a constructive solution to the issue.

      -- Andrew Morritt

    21. Re:Summary of the Facts by Bruce+Perens · · Score: 4, Insightful
      Michael,

      As far as I can tell, it was your obligation to post publicly that the code was GPL licensed before someone else could have been damaged by making an assumption that the code was not GPL licensed.

      If that project had a nice, empathic woman who has been a parent of teenagers to handle your notice, the reply would have been an apology, followed by amplification of your notice, and a calm talk about what to do. Instead, you got Theo :-)

      It's as if you ran over a land-mine and people then tried to criticize you for running.

      Bruce

    22. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      You know, its really hard to not call someone a thief when you catch them stealing your stuff.

    23. Re:Summary of the Facts by basneder · · Score: 0

      Hear hear!

    24. Re:Summary of the Facts by EveLibertine · · Score: 3, Insightful

      the real sticking point is that you didn't offer the man an attempt to remedy the situation privately and in good faith.

      How is that a sticking point? The _only_ sticking point is the copied code. (Why people keep calling this theft is beyond me; infringement != theft)

      Furthermore, imagine a scenario where this wasn't taken public ASAP. Anyone that went to the code after the copied code was added but before it was corrected would be liable to think that the code in question was under a completely different license. In this scenario it is in the author's best interest to notify as many people as possible that his code has been hijacked. The more people that know, the better it is for the author, and for the people who would potentially have used the code. Sure, you'll be stepping on a few toes in making the issue public, but it has to be done in order to protect yourself and everyone else from misappropriating code. There is *no* other way to accomplish this as effectively, that I am aware of. Why take the man to task for protecting his assets, kindly and tactfully at that? I'm not sure that we're reading the same thing, because from my end, it looks like Michael was being kinder and more patient than I can reasonably expect from anybody that I've ever met. The only alternative would be to ask the developer to make a *public* statement about the entire thing, which would have the same effect. The only difference would be the name of the person delivering the message, which is _completely_ trivial.

      Maybe you could argue that it might have saved the developer some face if he was the one delivering the message publicly. You know what would have saved him even more face? Not relicensing code that wasn't his in the first place.

    25. Re:Summary of the Facts by Anonymous Coward · · Score: 0
      Maybe I'm just an outsider. Maybe it's just because the first 10 messages in the thread sickened me. I don't know Marcus, Michael or Theo, I don't write GPL or BSD licensed software. However, if I was Marcus, and I received Michael's public email, I would have felt embarrassed, apologized sincerely and just as publicly, and moved on. Theo's assault was unnecessary and extremely unproductive. If anything, it called even more attention to the issue.

      If my neighbor put up a sign in his front yard telling all the world that I planted my garden on his property (and assuming I had), I'd move the garden, and put up my own sign that said "Thank you for the notice, sorry for the mistake, the garden has been moved." Sure, announcing it with a sign on his front lawn may have been more public than absolutely necessary, but I'm big enough to admit my mistakes in public. Killing the plants and salting the earth isn't necessary. And neither is another neighbor jumping in to put up even more signs, comissioning neon signs, and starting to spout verbal attacks on his public address loudspeaker. Of course, I think Michael could prove himself the most mature by stepping up and saying "Thank you for promptly removing our code from your tree, sorry this exploded so publicly." I guess that could be somewhere at the end of all that written animosity, I just didn't have the stomach to continue. Of course, given the attack from Theo, I wouldn't be surprised if that never comes.

    26. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      "none of these facts are relevant to the discussion" ???!!?!?!?
       
      neither is the rest of your post

    27. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      In which part of "We believe that you might have directly copied code out of bcm43xx (licensed under GPL v2), without our explicit permission," does the word thief occur? I ask only for information.

    28. Re:Summary of the Facts by Omega996 · · Score: 1

      I saw this mentioned elsewhere in the discussion, and I can see the validity of the point. You might note that at no point did I critize Buesch's language, as I think his solutions were reasoned and more than fair. I felt that out of professional courtesy, a private notice would be more appropriate, but you and others are saying the GPL more or less does not allow this in situations such as this. True?

      It's a shame this software license forces one to use such potentially-humiliating behavior to ensure compliance. It's tantamount to being pulled over and given a warning by a police officer for failure to signal a lane change, and then going home to find out that your name has been posted on the 1700 news along with your vehicle and license number, to make sure everyone knows what you've done, though it was not "intentional" and you were not issued a citation.
      It's a hostile way of dealing with inadvertent (innocent until proven guilty, even in the neofascist US) errors, it *forces* such situations to be resolved in a confrontational way, and in no way contributes to any sort of good-faith-effort between groups working on similar projects. Aside from the fact that it allows the developer to exercise control over how the final product, and any derived works from that product, are to be distributed I can see no benefit from such a software license. I would never relicense something I've written using BSD/ISC as GPL no matter what the circumstances, having seen the GPL "in action".

    29. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      > It turned a spectacle only after Theo responded the way he did.

      Which was, as usual, entirely the point. Before that, the news was about a burglary.
      Now it's a human rights violation or something.

    30. Re:Summary of the Facts by bmsleight · · Score: 2, Insightful

      t's well documented that the bcm43xx drivers are GPL, both on the project website and in the code itself. Not when it was on BSD cvs. Which is the main point. The Public cvs represented the code as BSD. The public email corrected this, in my opinion ian a clam way.

      But Mr.Theo (Did I mention that you are using SSH) Raad did not respond in a calm way.

    31. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      No it wasn't. It would have become an obligation if and only if private communication with the OBSD devs didn't bear any fruit.
      Michael failed to take the correct first step. He should acknowledge this fact, and you shoudln't try to use your name and clout to sweep his bad behavior under the rug.
      Don't forget guys, it is a STRONG man who recognizes and admit his wrong doings. You should aspire to this, not avoid it.

    32. Re:Summary of the Facts by EveLibertine · · Score: 1

      Well, we're obviously not going to agree on this here then. Which is unfortunate, but ok. You place fault on the GPL, which isn't really the case. Any code licensed under most Non-BSD compatible licenses would illicit the same action. I'm not to keen on the idea of knocking the BSD license, but if you're going to lay fault on a license, its the actions of the BSD that cause all this mess. That is, people could mistakenly believe that the given code is BSD'ed when it isn't. "Correcting" the problem by GPL'ing the project, or not GPL'ing the entire project and removing the offending code and maintaining the BSD license, after it's already been in a publicly available BSD'ed project is irrelevant. I see it as inappropriate behavior on part of the the person that willingly copied someone else's code without permission. Innocence of intent here is irrelevant, as the consequences of his actions would take effect regardless of his intentions. Though, I think we do agree on one thing, and that things might have gone smoother if he had notified him in private. But full effectiveness would be contingent upon an eventual public announcement. It's not hard to imagine why one would want to point out their own mistakes themselves publicly, instead of having someone else pointing a finger at them in public. That point doesn't fail me in the slightest. Still, You spoke of intent. While it is unfortunate that this may have been accidental (which I am failing at understanding how it could be), certain actions must take place in order to mitigate the damage, regardless of the intent. (I apologize that I am repeating myself (again), I am just trying to straighten my thoughts) I think the ball busting that Buesch has been taking for those actions is a bit of an overkill, given the situation that he was put in not of his own choice. People are justifying the ball busting by saying that Buesch overreacted in the first place, and I'm just trying to point out that he had few, if any, alternate courses of action. I'm pretty sure I've covered all the bases, and I'm even more sure that if I haven't someone will be kind enough to point it out.

    33. Re:Summary of the Facts by bXTr · · Score: 1
      None of these facts are relevant to the discussion.

      They _are_. Actually, these seem to be the _only_ facts that are relevant to the discussion in the first place.
      What's also relevant is that a public "discussion" wasn't necessary. You could have avoided all this negative publicity by simply talking to Marcus in private, and if that fails, go public. But you refused to do that, so this circus is all on you.

      It's interesting that people seem to think _I_ have to apologize, as the OpenBSD developers did the Bad Things in the first place. There's a simple rule: Don't violate copyrights and don't get blamed for it. It's so simple.
      The copyright violation was not an excuse for public humiliation. As the wronged party in this, and the first responder, you could still have acted in a professional and respectful manner by talking privately with Marcus before taking it public. By bypassing all that, you just made yourself look like an asshat that no one would want to work with.
      --
      It's a very dark ride.
    34. Re:Summary of the Facts by petrus4 · · Score: 1

      I hear you, but tragically, very few other people here are going to. Witness the fact that your post has been modded down to a point which almost ensures that very few people will read it. The FSF/GPL advocates here do that on a routine basis whenever something is said that deviates from their beliefs.

      Something you're possibly already aware of is that there are a number of people who advocate both Linux and the GPL who are trying to create a scenario where these are the only forms of FOSS that exist. The entire rationale behind what drives these people is fear and hatred of groups that are in any way different from themselves...and the ultimate source of all of this bile is Richard Stallman. Most of the individuals associated with Linux who also behave in this manner are simply following his lead. He compulsively fears, hates, and seeks to destroy that which he does not have control over, and so those who follow him follow his example. It's pretty simple.

      I find myself wondering what the future of the BSDs is going to be like, at this point...one thing I do suspect is that Linux users are going to start trying harder from here on to ensure that there actually *isn't* a future for the BSDs at all.

    35. Re:Summary of the Facts by roman_mir · · Score: 2, Insightful

      I find it regrettable that Michael decided to go so public with this (indeed, as others pointed out, it could probably have been solved privately) - you are wrong. It was absolutely necessary to make sure that everyone knew about this for at least two (2) good reasons. First reason is to make sure that nobody downloaded the code from the cvs and used it for further coding assuming it was licensed under BSD. Second reason is to provide a valuable lesson that nothing goes unnoticed and that mistakes of this kind (stripping other people's copyrights and licenses from code, and I personally cannot imagine how this could be ruled a mistake,) would not be repeated by others.

    36. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      I read the first message and there was nothing grandstanding about it. It was a clear and polite public message about a public violation of the GPL. That was the correct mode of address to a) protect Michael from later allegations about what he might have said, b) protect other developers from spending time on an improperly licensed driver and c) protect his copyright. Michael made it an important and repeated point that he did not intend to crucify anyone over this issue and would in fact be willing to help correct the problem. There was no flamebait in that message and its publication is no more embarrassing than the haphazard license violation that made the message necessary in the first place. It was about as nice a message as you can expect in legal issues. The right response would have been to publicly admit that there is a problem and correct it. That would have made both sides look professional, like adults who know that mistakes are inevitable, and that admitting and correcting it is the most efficient and honorable way of dealing with one's own mistakes. I think the cleanup might even have given reason for a press release about collegial open source cooperation. Look at the mess now. It appears as though BSD developers don't understand copyright, like to sweep license issues under the rug, take their ball and go home if they don't get what they want and cry foul when they trip over their own feet, while GPL coders are really lawyers who code to create license violation traps and frolic when other open source projects fail. Good job.

    37. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      There are ways of behaving when attacked and you are at-fault that take the sting out of the attack.

      It's called "mea cupla."

      Marcus is under no risk of another storm even if he makes a genuine mistake, so long as he keeps his head on straight. And had the OpenBSD folks responded in this fashion (as they were in the wrong), this would be over before about the third email.

    38. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      Well, if you can't keep your damned project going without nicking other peoples code, then maybe it shouldn't have a future? How about trying to incorporate and appropriate some of Microsoft's or perhaps CISCO's code the next time? I've heard they too have code in the wild, maybe you could find something useful to scrounge there as well?

    39. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      A public note to the effect that code had been improperly imported from a GPL project (to put it nicely) was inevitable, because GPL-licensed code is in the wild under an incompatible license. Had there not been a public notification by Michael, Marcus would have had to make one himself. That would not have been less humiliating, but it would have delayed the public correction of the license. The form and the content of the notification were polite and adequate. The responses were not.

    40. Re:Summary of the Facts by kernelpanicked · · Score: 0, Troll

      "Sorry, but when someone's called on you to explain seemingly-illegally-copied code, telling them to "go fuck themselves" is not a bloody option. Try that in the real world sometime, and see how fast an indictment for copyright infringement and the corresponding civil suit comes flying in."

      I guess English is not your mother tongue. I damn well stated what I would have told the Linux developer in this situation. Personally I think he needed to put up or shut the fuck up. One, the use was under 5% and not even functional code so I'm going to assume that would be fairly easy to write off as fair use. Two, it was never distributed. If you're going to harass someone and claim copyright infringement you better be willing and able to prove it was distributed. Three, Marcus seems to have a damn good case for slander (which is all documented in the list archive) if he were so inclined to go that route.

      It might be a good idea for you GPL fanboys to take a second, hop off the the RMS train, and use some fucking common sense for just a bit.

      --
      Ubuntu: If at first you don't succeed, blindly slap a sudo in front of it
    41. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      I don't get your point. You're saying you'd just be an arrogant prick if the copyright holder was some "stand alone" developer who had licensed the source under the gpl, but not if it was for instance IBM or Microsoft? You really are an idiot. Try to get this through your apparently extremely thick skull.

      If you piss of a copyright holder you're in deep shit! They can totally sue you ass, and spend as much money they feel like doing it, because in the end you're the one who would have to pay, because in this case they will have a slam-dunk victory. All you'd get for your grand posturing and arrogant attitudes is to file for bancruptcy. Is that what you'd want?

    42. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      Good post, Theo!

    43. Re:Summary of the Facts by Anonymous Coward · · Score: 0

      a public "discussion" wasn't necessary. That is your opinion, one which is not shared by many (if not the vast majority of) others here. What is not an opinion is the fact that the GPL was violated, regardless of intent. Sorry, but that fact trumps your opinion. And as the victim in the copyright violation, Michael had every right to take his concerns public.

      The OpenBSD people could've ended this matter quickly by apologizing publicly (yes, publicly), removing the GPL-violating code, then vowing publicly to never let this happen again. That would've been the end of it and everyone would've gone back to what they were doing. Instead, the OpenBSD people acted like petulant children who got caught and weren't mature enough to handle it. They were embarrassed to be caught violating the GPL (as they should be), but not mature enough to take their lumps and move on. Instead, they have given OpenBSD a black eye. Sorry, but they have no one but themselves to blame for that.
    44. Re:Summary of the Facts by stsp · · Score: 1

      It's interresting that people seem to think _I_ have to apologize, as the OpenBSD developers did the Bad Things in the first place. There's a simple rule: Don't violate copyrights and don't get blamed for it. It's so simple.

      Michael, please see my comment here: http://bsd.slashdot.org/comments.pl?sid=229865&cid =18654497

      It takes two sides for a fight, always.

    45. Re:Summary of the Facts by Dun+Malg · · Score: 1

      It takes two sides for a fight, always.

      Yeah, and it takes two people for a rape to happen. Fucktard.
      --
      If a job's not worth doing, it's not worth doing right.
    46. Re:Summary of the Facts by stsp · · Score: 1

      Yeah, and it takes two people for a rape to happen. Fucktard.

      Excellent! You've just totally proven my point. My point being that this whole thing got blown out of proportion by people who are incapable of seeing things from more than one angle. And if faced with another one they resort to snapping, trolling, and spouting irrelevant insults at complete strangers on the internet. And there's a variance that enjoys watching these trolls at work, and encourages them to keep the flames coming. It's people like that who made this a big fight between the Linux and BSD communities, no matter whether their religion is GPL or BSD or whatever. I am active in both communities, and there are a lot of people on either side I look up to, but you, sir, are not one of them, because you are disturbing both my communities. Just go away.

    47. Re:Summary of the Facts by Slashcrap · · Score: 1

      Something you're possibly already aware of is that there are a number of people who advocate both Linux and the GPL who are trying to create a scenario where these are the only forms of FOSS that exist. The entire rationale behind what drives these people is fear and hatred of groups that are in any way different from themselves...and the ultimate source of all of this bile is Richard Stallman. Most of the individuals associated with Linux who also behave in this manner are simply following his lead. He compulsively fears, hates, and seeks to destroy that which he does not have control over, and so those who follow him follow his example. It's pretty simple.

      The things you are ranting about are simply not important enough to justify the level of fear and paranoia you are exhibiting. There is no conspiracy to destroy you and your friends in order to prevent them spreading the gospel of BSD. Richard Stallman is not following you wherever you go. Linus Torvalds is not hiding in your crawl space and reading your thoughts. There is no need to scream like a girl whenever a penguin appears on TV.

      It is extremely important that you do not kill anybody in order to defend the BSD license. It is highly unlikely that the courts would be sympathetic.

    48. Re:Summary of the Facts by petrus4 · · Score: 1

      The things you are ranting about are simply not important enough to justify the level of fear and paranoia you are exhibiting.

      Granted, I am exhibiting fear and paranoia, but I see a lot of that on here from the pro-GPL side of the fence, as well. I'm curious...is it justified when they exhibit it? ;)

    49. Re:Summary of the Facts by mbuesch · · Score: 1

      One, the use was under 5% This is a false statement. Go and compare the code! I did not count the lines, but it seems to be about 80-90 percent. Maybe 75 percent, if you count. But that's not the point. It's _not_ 5 percent.

      you better be willing and able to prove it was distributed. How did I get it, if it wasn't distributed?
    50. Re:Summary of the Facts by Chibi+Merrow · · Score: 1

      The copyright violation was not an excuse for public humiliation.


      Wait, what? Public humiliation? Which person broke the law here again? Not only is it an excuse for public "humiliation" but the author had the right to serve a DMCA takedown notice over the whole thing. Where do you get off saying a professionally worded e-mail explaining the situation is unreasonable?
      Let's work with an example here: Say someone is displaying your artwork in a public gallery with their name next to it, knowingly misleading visitors as to the source of said art. Do you privately contact them and ask nicely for them to stop doing so (after they've already proven your copyright means jack to them) or do you inform the gallery? You inform the gallery, of course. The fact that your work was copyrighted WAS the polite, private message of "please don't take this and claim it's your own".
      This is a situation that needs to be remedied immediately. What if said person who "borrowed" your art allows the AP to photograph it? Now every newspaper in the world could (possibly) carry the image with the wrong attribution and suddenly the damages start growing out of control. So you inform the gallery and they pull the work until the ownership of said art can be confirmed. Otherwise you could spend the rest of your life tracking down your mis-attributed work.
      In this case it's worse. If someone "borrowed" the publicly available (and wrongly) BSD licensed code and put it into a proprietary product, tracking down infringement would be impossible. A public notice was necessary so that anyone who had downloaded said code would know what license it was under. At the very least they should be warned that the code could cause their code to become GPL tainted.
      In the end, your argument doesn't seem based on any reasonable view of reality.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    51. Re:Summary of the Facts by Brandybuck · · Score: 1

      But YOU are the one who made this mistake public, who CCd two mailing lists, and the GNU license violation squad... and then laughed about it on IRC! You knew Theo is a loose cannon, yet you made sure he would react publicly.

      As I've said elsewhere, if your neighbor's dog shit on your petunias, your reaction would be to write a nice polite note, and then send copies of it to several newspapers and a major legal firm.

      --
      Don't blame me, I didn't vote for either of them!
  20. This is the worst possible offense in open source by defile · · Score: 5, Insightful

    Copying code without permission is the worst possible offense in open source land. His righteous indignation is absolutely justified. The appropriate response is "Our deepest and most sincere apologies. The code has been removed. Thank you for deciding not to seek any further retribution."

    Arguing over not being nice about calling out this offense is cowardly and sociopathic. e.g. playing politics.

  21. The war against BSD continues by Henry+V+.009 · · Score: 2, Informative
    This isn't a "copy and paste" issue. Michael Buesch comes across as a bit of an asshole from all this. This isn't an issue of his code being copied exactly (a straight copyright violation), instead it's an issue of a certain amount of code in an as yet non-working driver being too derivative of a copyrighted product. I'm committing more copyright violation by pasting this mailing list reply from the accused on Slashdot than what has been alleged.

    Picon Favicon
    From: Marcus Glocker
    Subject: Re: OpenBSD bcw: Possible GPL license violation issues
    Newsgroups: gmane.linux.kernel.wireless.general, gmane.linux.drivers.bcm54xx.devel
    Date: 2007-04-05 05:41:07 GMT (2 days, 12 hours and 27 minutes ago)

    On Wed, Apr 04, 2007 at 10:08:13PM +0200, Michael Buesch wrote:

    > I, Michael Buesch, am one of the maintainers of the GPL'd Linux
    > wireless LAN driver for the Broadcom chip (bcm43xx).
    > The Copyright holders of bcm43xx (which includes me) want to talk
    > to you, OpenBSD bcw developers, about possible GPL license and therefore
    > Copyright violations in your bcw driver.
    >
    > We believe that you might have directly copied code
    > out of bcm43xx (licensed under GPL v2), without our explicit permission,
    > into bcw (licensed under BSD license).
    > There are implementation details in bcm43xx that appear exactly
    > the same in bcw. These implementation details clearly don't come
    > from the open specifications at bcm-specs.sipsolutions.net
    > or bcm-v4.sipsolutions.net.
    >
    > We have always made and still make a great effort to keep our code clean
    > of any Copyright issues (cleanroom design). Please make sure you also do.
    >
    > A few examples follow of what we think might be GPL violations.
    > This list is far from being complete.

    Michael,

    I am aware that right now a lot of lines in bcw are written in a way with a too close eye to your code. That's out of question, and I have already informed Theo about that fact before you got in touch with us.

    I wanted to make some quick progress (maybe too quick), and rewrite the functions in question after seeing some first success, e.g. receivment of first frames, which isn't the case right now. But still, the specs for some functions are so strict, writing tons of registers in a strict order, some parts will still look similar.

    The last thing I want is to start a license war with you guys, and also I don't want to harm OpenBSD further with this issue. And of course we want to solve that license issue ASAP.

    So, I am suggestion three options:
    1. You give me some time and I try to rewrite the code in question. We keep in touch, and maybe we can split up both parties in freedom afterwards.
    2. Same as option one, but if my time resources keep shrinking like they do right now, spending weekends in the office and I can't fix up the driver soon, I'll drop the driver.
    3. We don't come to a point and I'll plain drop the driver directly, very soon.
    Waiting for your reaction.

    Regards,
    Marcus

    --
    Marcus Glocker, marcus@..., mglocker@...
    1. Re:The war against BSD continues by mbuesch · · Score: 5, Insightful

      This isn't an issue of his code being copied exactly (a straight copyright violation), instead it's an issue of a certain amount of code in an as yet non-working driver being too derivative of a copyrighted product. Did you actually try to compare both projects? You'll be surprised how much copied code you will find.
    2. Re:The war against BSD continues by Anonymous Coward · · Score: 1, Interesting

      Rubbish! The BSD lot accepted known GPL code and hoped no one would notice. The person lifted the code from the most public GPL project there is, and tried passing it off as their own. Now how many other times have BSD people done this?

      Theo carried on like a silly little child that dropped their favorite teddybear, rather that saying "whoops, how can we resolve this?".

      It's a BSD mailing list in question, hardly anyone uses OpenBSD, and a damn sight fewer bother with their mailing lists. Get real here, public my fat hairy arse!

    3. Re:The war against BSD continues by Anonymous Coward · · Score: 3, Interesting

      Did you read the thread? Did you even read the email you link to? You conveniently omit that if there is one person who "comes across as a bit of an asshole", it isn't Michael (hint, his name starts with a T). It was a mistake to do this public (although, I can understand it, I do not think he realized that this would be picked up by newssites, etc. Although arguably, that could have been avoided if Theo had not been so flaming, Marcus response was quite reasonable and the issue would have been quickly solved).

    4. Re:The war against BSD continues by NormalVisual · · Score: 1

      it's an issue of a certain amount of code in an as yet non-working driver being too derivative of a copyrighted product

      This is true, but there was nothing keeping the BSD guys from using the functional (and public) spec that Buesch's team used to guarantee a clean implementation for *their* driver. They'd have totally avoided polluting their own codebase and removed all doubt as to the legitimacy of the BSD driver. By using the GPL'd code to get a jump on the process, they introduced the possibility that the driver might then have been considered a derivative work, with all the potential headaches that go along with that. There's just no justification for putting the GPL'd code in the public repository without permission simply because of the licensing issues. It's not difficult to set up a private repo on a local box and work from that for initial development until your code is ready to go to the public repo if you you can't live without using the GPL'd stuff for development, but you absolutely shouldn't be distributing anything you do that contains GPL'd stuff if you're not willing to abide by the license.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    5. Re:The war against BSD continues by Anonymous Coward · · Score: 0

      Michael and Marcus are fairly reasonable throughout but there are a few more people in that thread that need to consider maybe some psychiatric consultation and/or medication.

    6. Re:The war against BSD continues by Henry+V+.009 · · Score: 1

      It would be nothing but a disaster for GPL and non-GPL users if programmers could no longer read and learn from GPL'd code. Since that's a benefit of the GPL which sane people want to keep, you'll see issues like this crop up from time to time. It's a messy world. The solution is not to maintain a Chinese wall from all GPL'd code -- it's to do our best to keep our copying on the free use side, and not get too worked up when mistakes are made. Michael Buesch's idea that some sort of public shaming was necessary was entirely destructive, and I'm glad that Theo is the sort of guy who stands up for his developers. The punishment should fit the -- rather minor -- crime.

    7. Re:The war against BSD continues by NormalVisual · · Score: 1

      It would be nothing but a disaster for GPL and non-GPL users if programmers could no longer read and learn from GPL'd code.

      I agree with that statement 100%. One can read and learn from someone else's code without committing it to a public repository, though.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    8. Re:The war against BSD continues by hahiss · · Score: 1

      Actually, the issue was a cut-n-paste issue---and the email doesn't have a license to violate.

      --
      "Every decent man is ashamed of the government he lives under." - H.L. Mencken
  22. This is what the OpenBSD cultists does by Anonymous Coward · · Score: 0

    I don't think I've ever seen the GPL mentioned on undeadly without being followed by the word zealots. Some moron even posted about how his respect for RMS after this debacle, as if he had anything to do with it.

    I guess it's just sour grapes. After all, their little pet OS is pretty much an 70s technological backwater with an userbase about as big as that of AmigaOS.

  23. Thank god for ndiswrapper by t35t0r · · Score: 2, Informative

    I've been using ndiswrapper with my BCM4306 802.11b/g device since before bcm43xx was useable on linux. Getting the bcm43xx driver to work involves firmware cutting and some other low level tricks I'd rather not do. I've never used a BSD and would never touch Theo's distro with a 99ft pole but I recommend using ndiswrapper for users who would like to use BSD and have a BCM wireless device.

    1. Re:Thank god for ndiswrapper by Anonymous Coward · · Score: 1, Interesting

      bcm43xx is quite usable in modern kernels, it's come a long way from the first versions and has near windows driver speeds under good conditions.

      I'd give it a try again. :)

    2. Re:Thank god for ndiswrapper by Anonymous Coward · · Score: 0

      *puke*

    3. Re:Thank god for ndiswrapper by melikamp · · Score: 1

      I think that ndiswrapper also requires cutting the firmware. Anyway, I also use it still, even though bcm43xx kind of works now. Mostly because I found ndiswrapper to be somewhat more stable.

    4. Re:Thank god for ndiswrapper by Anonymous Coward · · Score: 0

      I would gladly use the bcm43xx driver all the time if it supported my chipset. Although since I have one of the newer broadcom cards, the driver is buggy and I get poor reception, to the point that it is unusable and I am lucky if I can connect to any AP (even if I'm sitting 2 feet away from it). The problem I have with ndiswrapper is that it doesn't allow you to put the card into monitor mode. So I end up having to switch back and forth between drivers, using bcm43xx for monitor mode and ndiswrapper for standard usage.

    5. Re:Thank god for ndiswrapper by t35t0r · · Score: 1

      ndiswrapper doesn't require you to do the firmware cutting step, you just supply it the .inf file and make sure the .sys file is in the same directory with it and run ndiswrapper -i file.inf . With bcm43xx you have to, get firmware from http://linuxwireless.org/en/users/Drivers/bcm43xx, cut and install the firmware

      # bcm43xx-fwcutter -w /lib/firmware name_of_fw_file

      which is derived from the softmac driver or mac80211 driver and I think which is loaded when the bcm43xx module is loaded into the kernel. I'd rather just use the "official" inf and sys files from BCM or the system integrator (compaq in this case).

    6. Re:Thank god for ndiswrapper by Conley+Index · · Score: 1

      This is totally OT. What does ndiswrapper have to do with Linux/BSD licensed drivers?

      Calling OpenBSD a distro (it is an OS) and saying that you would never touch it shows even more that you have no clue what you are talking about. (If you have read the philosophy behind OpenBSD, you would probably agree that there are some applications for it.)

      ndiswrapper is a Linux project. There is ndis for FreeBSD, which is similar (creating kernel modules from Windows network drivers, but not for USB devices). On OpenBSD, there is nothing like that, AFAIK. For a good reason.

      OpenBSD replaced the Atheros HAL, because they consider it not acceptable to have non open code running on the CPU -- running Windows drivers would not make too much sense, if you consider this. (Also, there are no kernel modules in OpenBSD.)

    7. Re:Thank god for ndiswrapper by Anonymous Coward · · Score: 0

      1) I prefer native.

      2) I don't use x86.

      3) I prefer WLAN card from corp which is FLOSS-friendly.

      But thanks for the suggestion.

  24. Whole Point by Cytlid · · Score: 1

    I guess the whole point of this (without RTFA or even the posts, in fact just the /. comments) is that developers are still only human?

    --
    FLR
    1. Re:Whole Point by Eideewt · · Score: 1

      Did you even read the thread? It is clearly written that Michael Buesch is actually *inhuman*.

      (Just kidding -- I think he did exactly the right thing, and was very polite)

  25. Re:This is the worst possible offense in open sour by Billly+Gates · · Score: 0

    But he did not copy the code. Rather it was just similiar. Hmmm this kind of reminds me of a certain anti linux company in Utah doing bogus lawsuits agaisnt IBM

  26. So, BSD *derived* their driver from GPL code? by Anonymous Coward · · Score: 0

    Because that's what the driver developer intended - take the GPL driver, and modify it over time to hide it's origins. That might not be what the stated intent was, but that's the actual effect. That's copyright infringement because the final driver would be a derivative work of the original GPL code.

    Of course, IANAL, so take that for what it's worth.

    But there's a reason why there are such things as "cleanroom" implementations. This certainly wasn't going to be one of those.

    But given Theo's response, I now wonder how much of that goes on in the BSD world. Seems as if Buesch cut pretty close to the bone there. "Methinks he doth protest too much" and all that implies seems to apply to Theo...

    1. Re:So, BSD *derived* their driver from GPL code? by petrus4 · · Score: 1

      Because that's what the driver developer intended - take the GPL driver, and modify it over time to hide it's origins.

      The only way that refactoring becomes illegal is if the GPL becomes a patent license as well, which it probably will...it's logical. Got to close all possible doors.

      I will never understand how people are so unbelievably, voluntarily stupid. The FSF and its' fanboys bully people and do and say repressive things on a continual basis, and yet somehow, they're supposedly the ones in the right, every time. I can only hope that eventually, Linux users start waking up.

  27. Here's why by nedwidek · · Score: 4, Insightful

    GPL does not allow someone to pick up the code and turn it into a closed source product.
    BSD does. BSD code can be included into a GPL project, but the reverse is not true.

    So the GPL product works hard to create a Broadcomm driver. The code gets included into a BSD driver. Broadcomm picks up the BSD driver and includes it into their closed source product. Broadcomm or some other company benefits from the GPL code and does not honor the orignal license.

    --
    Post anonymously - For when your opinion embarrasses even you!
  28. Re:This is the worst possible offense in open sour by defile · · Score: 1

    But he did not copy the code. Rather it was just similiar.

    Say what?

    Where is that determined?

  29. I'm glad I don't work on OpenBSD by wrook · · Score: 5, Insightful

    Wah... What the hell? The author of some code contacts the OpenBSD to communicate that copyright was infringed upon. The OpenBSD guys explode in a series of "zealot" name calling. I guess I can see some sense in privately contacting the OpenBSD dev. But on the other hand, it's in the OpenBSD development tree. Probably it's a good idea to tell people that it shouldn't be there.

    Reading the initial email, I can't find any hint of malice. Just expressing the facts and offering to provide a license for the code. If this mailing list blows up because of something so unbelievably trivial, it doesn't seem like a fun place to hang out in. It's just weird.

    But something else bothers me about the response too. It seems like the people there are *upset* that the original person informed them of the copyright infringement. I mean, nobody denied it. Everyone seems to agree there was an infringement. It just seems that some of the OpenBSD people think that the Linux people are assholes for choosing to license their code under the GPL... And apparently it's even worse to ask people not to infringe on that license.

    That's just bizarre... It kind of makes you wonder who the zealots are... Personally, I'm kind of neutral on the subject. I like the GPL in some instances, I like other licenses in other instances. But, I just can't quite wrap my head around BSD guys (of all people) taking such a strange stance...

    1. Re:I'm glad I don't work on OpenBSD by TodMinuit · · Score: 1

      The author of some code contacts the OpenBSD to communicate that copyright was infringed upon.

      The reason this is getting play is because the author of the code went public, sending the email to a lot of people, without contacting the infringing author privately first. That's just bad form (not that stealing code is good form).

      --
      I wonder if I use bold in my signature, people will notice my posts.
    2. Re:I'm glad I don't work on OpenBSD by nosferatu1001 · · Score: 1

      AS has been stated previously, it wwas in a PUBLIC cvs therefore the notice that it was illegally there had to be PUBLIC - and it wasnt THAT public, the cc's were mainly to the developers on each side!

    3. Re:I'm glad I don't work on OpenBSD by macshit · · Score: 1

      The reason this is getting play is because the author of the code went public, sending the email to a lot of people, without contacting the infringing author privately first. That's just bad form (not that stealing code is good form).

      No, the reason it's "getting play" is because Theo was childishly and absurdly rude in response to a rather reasonable request.

      There is absolutely nothing wrong with a polite notice on a public mailing list saying that openbsd is technically infringing, with an offer to work out some amiable solution. Theo's response was complately uncalled for; even if the original request had been less polite (though in fact it was quite polite and respectful), Theo's response would have been uncalled for.

      I've no doubt that Theo would have preferred that the original request be private -- but that does not the public request "bad form".

      Because making such a request does cause some measure of embarrassment, it requires a judgement call to decide whether a private request would be effective or not. As mentioned elsewhere in this thread, it wouldn't be surprising if the deciding factor was knowledge of Theo's often rather unstable behavior and reputation for using PR and spin: when you're nervous, it feels safer to have everything a matter of public record.

      --
      We live, as we dream -- alone....
  30. Jesus Loves Theo by Hohlraum · · Score: 1

    Everyone else thinks he's an asshole. I'M KIDDING! lol.

    1. Re:Jesus Loves Theo by Anonymous Coward · · Score: 0

      Of course you are - even Jesus couldn't love that guy!

  31. Re:This is the worst possible offense in open sour by Anonymous Coward · · Score: 0

    Did you actually read the correspondence and look at the code?

    Retard.

  32. Generousity by Morosoph · · Score: 1
    You're missing that there's more than one way to be generous.

    If my motive is to help free software, rather than give away my code, I can do so more effectively by putting the code under the GPL than BSD or Public Domain. This doesn't need rancour; just the observation that some of the free software that is out there is only there because of conditions of licence.

    On top of that, there is an efficiency issue; encouraging speciation between free and proprietry software aids the market in selecting the more efficient mode of production, without being influenced by cross-subsidy (free software that is then used to help proprietry software).

  33. Don't steal code then.. by a16 · · Score: 1

    Reputation and respect are insanely important to most developers and being accused in public of stealing someone's stuff is damaging. If you don't want to be accused in public of stealing someone's stuff, then don't steal people's stuff. If you want respect, show other developers respect.

    He just lost a developer over what was a mistake because some egotistical coder went public with something that out of respect should have been addressed privately first. He lost a developer because that developer took GPL code and relicensed it without permission under a license that the original authors don't agree with.

    Put it this way, if someone took Theo's code and relicensed it under their own license that they happen to prefer, which was against what Theo believes in, do you really think Theo of all people would be the kind of person who'd keep quiet about it?
  34. Following the E-Mail Thread by theunixman · · Score: 5, Informative

    I managed to catch front-row seats to the whole battle myself. Buesch (the Linux bcm43xx developer) posted a formal but not in any way harsh question to the BSD developer on the public bcm43xx list and to the BSD list. In any language, when communicating in unfamiliar places with unfamiliar people, using more formal dialects is almost always the rule. Some people find the higher dialects offensive, but almost everyone appreciates the attempts to not sound like one of the local street punks hanging out around the corner at the strip mall trolling for some action.

    Apparently the OpenBSD people were put off by this, which is unfortunate. And apparently they were so focused on making it yet another OpenBSD vs The World incident that they completely lost sight of the goal of both projects, which is to create Free and Open drivers for other people to use, despite the hardware specifications not being available. It's an unfortunate situation, of course.

    Hopefully after everyone has a chance to reflect on the situation, the OpenBSD developers will realize that even though many other situations are actually OpenBSD vs The World, this is not one of them, and the Linux bcm-43xx team was not only willing to work with them on relicensing code, they also published the results of an incredible reverse engineering effort for anyone, including the OpenBSD team, to use in order to achieve this goal.

    1. Re:Following the E-Mail Thread by Anonymous Coward · · Score: 1
      Buesch (the Linux bcm43xx developer) posted a formal but not in any way harsh question to the BSD developer on the public bcm43xx list and to the BSD list.

      Wrong! Strangely *absent* from the Cc: list were any BSD lists, so Marcus had no one but Theo to defend him. Take a look at the undeadly article which shows the original message with the mail headers. It looks very much like a cease and desist letter from a lawer, copied to CNN, the BBC and the NYT, complete with the expected chilling effect.

    2. Re:Following the E-Mail Thread by VON-MAN · · Score: 1

      Incredible amount of trolling AC's trying to have to last word, in this thread.

    3. Re:Following the E-Mail Thread by Furry+Ice · · Score: 1

      I'm not sure why they're posting as AC, because what they're saying is right on. The *language* that Buesch used had nothing to do with Theo's objections. He's just upset that the developer was not initially contacted privately. If he didn't say he was sorry and try to set the situtation right, sure, go ahead and notify a few thousand people. But to do so as the initial communication? Why?! That served no purpose whatsoever, and even ended up getting this minor thing all the way to Slashdot. It's just plain silly.

    4. Re:Following the E-Mail Thread by VON-MAN · · Score: 1

      I really don't agree with you, and i'm sure it never was Michael Bueschs' intention to humiliate that poor developer that used his code. You and many other desperately focus on the "initial contact" and cannot even consider the world of scorn and hatred Micheal was treated with when he posted. To me the way Theo (inhuman) de Raadt and others responded amounts to insult on top of injury, to you it apparently is what he asked for. And, how you can consider using someone's code in the way it was done a "minor thing"? I'd certainly rethink that part of your reply.

    5. Re:Following the E-Mail Thread by Brandybuck · · Score: 1

      Buesch posted a formal but not in any way harsh question to the BSD developer on the public bcm43xx list and to the BSD list.

      I would call CCing the license enforcement goons at GNU to be definitely harsh. It's like sending a polite note to your neighbor about his untrimmed hedges, and CCing your lawyer. He spoke softly, but the club in his hand was fucking huge.

      --
      Don't blame me, I didn't vote for either of them!
  35. Broadcom sucks, wireless sucks by Anonymous Coward · · Score: 0

    I only use quality, reliable, stable and durable hardware (Which by definition does not include wireless hardware or Broadcom products). So why should I care? Why does anyone care?

  36. mod parent up by Unit3 · · Score: 1, Troll

    Even if it's not nice to say, it's absolutely true. Reading the whole thread through, I have no doubt as to the good faith of the original BCM driver developers in their original e-mail, and then Theo just tears into them on some sort of crusade, and refuses to respond politely even when others attempt to be polite with him.

    I know I'll be dropping OpenBSD from my the list of OSes I'm willing to maintain, because I don't want to deal with an organization that has a person like this as its head.

    --
    -- sudo.ca
    1. Re:mod parent up by Anonymous Coward · · Score: 0

      Likewise. I have purchased items through their store, desiring to contribute financially. I do not think I will be doing so again. I'm not opposed to people being dicks, but I do oppose them being idiots about being dicks; i.e., there are times and places to be a dick. I do not think this was one of them.

    2. Re:mod parent up by cyber-vandal · · Score: 0

      Don't let him near any chairs is all I can say.

    3. Re:mod parent up by rho · · Score: 2, Insightful

      I read the whole thread, too. I saw Theo defending his developer. I read your post threatening to take your ball and go home as more of the same juvenile antics. It's a goddamn OS, you nutjobs. And a lot of you people whale on evangelicals for believing in the Bible. I guess I understand--it's not like the Bible is nearly as important as a Linux distribution.

      --
      Potato chips are a by-yourself food.
    4. Re:mod parent up by Poltras · · Score: 1

      If you go to walmart to pay cheaper, fine to you, but I prefer to give my money to someone who deserves it more. Fair market and all that stuff. So yeah, OpenBSD is an OS, and a good one, but there are as good alternatives that don't have a preacher that tells everyone who's not on his side to be "The Devil".

    5. Re:mod parent up by cyclop · · Score: 1

      Well, Linux distributions help me get my work done at home and at the office.

      While the Bible doesn't help me at all at anything.

      --
      -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    6. Re:mod parent up by bulliver · · Score: 0, Flamebait

      Call us nutjobs if you like, but I fully agree with the GP post. I don't want to use, or be part of the community of an operating system whose lead freakin' developer is such an overreactive, manipulative, insulting asshat. This is the one good thing about proprietary software. A social moron like Theo would be fired in a second for his actions.

      --
      Support the mob or mysteriously disappear.
  37. Re:This is the worst possible offense in open sour by Anonymous Coward · · Score: 0

    It was more than just similar, in fact the BSD developer agreed that it was infringing. Nor did Theo dispute that point (though he raised a different, irrelevant one).

  38. Summary of summary: Theo was Theo. -nt- by Anonymous Coward · · Score: 0

    Why did you read this? There is no text.

  39. Re:This is the worst possible offense in open sour by mbuesch · · Score: 1

    But he did not copy the code. Rather it was just similiar. hahahahahahahahahahaha You made my day, guy :D
  40. Re:This is the worst possible offense in open sour by rossifer · · Score: 3, Informative

    But he did not copy the code. Rather it was just similar.
    Erm, no. The developer admitted that he copied the code over so that he could make progress on another part of the code. It was his intention to remove the copied code at a later date. By not even leaving any notes in the code about the copy and checking that code into a public cvs repository, the developer made a pretty big (yet fixable) mistake.

    I'll admit it, I've done that very thing (copy some code in order to bootstrap a project). But I put all sorts of comments around tainted code, and I make damned sure that every single line of tainted code is rewritten before that code, or a product based on it, is released into the wild.

    Theo and Marcus both come across as graceless and petulant children. At least Marcus decided to be childish quietly. Theo's ongoing rants about "the inhumanity" of it all just get hysterical after a few posts. Yes, the original email probably should have been more private. But the response from Theo is completely and utterly over the top.

    Regards,
    Ross
  41. Public? by Kelson · · Score: 1

    So, an open discussion of issues with publicly-accessible open-source development is a bad thing?

    Sorry, I think I missed that memo. I'll be sure to use the new cover sheet next time.

    1. Re:Public? by Anonymous Coward · · Score: 0
      Get your facts straight!


      "an open discussion of issues with publicly-accessible open-source development is a bad thing"


      BSD is only "free" if your capacity to listen to bitching, moaning and whining has no value.

  42. You have got to be kidding by Rumagent · · Score: 5, Insightful

    > From: Marcus Glocker
    > To: source-changes@
    > Date: Thu, 5 Apr 2007 10:25:25 -0600 (MDT)
    > Subject: CVS: cvs.openbsd.org: src
    [cut:cvs log]
    > Log message:
    > After been attacked by Michael Buesch because we initially
    > were using some of their routines in the bcw driver, I decided to stop
    > working on it. To avoid any further license chit chat I plain drop the
    > driver.
    >
    > ***
    >
    > Happy now?
    >
    > It's a pleasure to see how the OpenSource community stands together,
    > and starting public wars instead of talking directly to the people
    > involved.

    I don't understand your reaction, really.
    If you were really interrested in doing a Broadcom wireless driver for
    openbsd, you would have chosen the option to relicense some code (and
    therefore drop only that code which I refuse to relicense), which I gave
    you.

    It's a pity. I'd like you to sleep a night over this and rethink
    your decision tomorrow.
    Feel free to contact us to get code relicensed _before_ you re-add
    it to the repository. This will make you and us happy and I'm sure
    you'll have a working driver soon.


    Not only in this, but in thread in general Michael Buesch shows remarkable restraint. He is the one with a legitimate grievance and he is being insulted ad infinitum.

    This is not a matter of GPL vs. BSD. It is a simple matter of breach of copyright. Everything else is bullshit.
    1. Re:You have got to be kidding by gwk · · Score: 1

      >This is not a matter of GPL vs. BSD. It is a simple matter of breach of copyright. Everything else is bullshit.

      And how would have this been handled if it had been IBM ?

    2. Re:You have got to be kidding by mbuesch · · Score: 5, Insightful

      And how would have this been handled if it had been IBM ? If they also distributed it in public? Exactly the same way. Distribute in public -> complain in public. The public has the right to get informed that the code thei're looking at is _not_ BSD licensed, like the source header says.
    3. Re:You have got to be kidding by Rumagent · · Score: 1
      I honestly have no idea.

      I can, however, tell you how the openbsd crown should have reacted, given what little they offer in the thread:

      fakeletter

      Dear Michael

      You are right. By a mistake on your part, some of your code has been committed to the public CVS. We have immediately taken the necessary step to rectify the situation. No malice was intended and we would like to use this opportunity to apologize for any inconvenience.

      We hope that we can continue to cooperate in the future, to the benefit of both Linux and OpenBSD.

      Regards
      Marcus et al
      /fakeletter

      There. Admit your mistake, correct it, apologize and move on. It is known as being an adult.
    4. Re:You have got to be kidding by gwk · · Score: 0, Flamebait

      Bullshit, you would not have, your project is terrified of lawyers thats was the whole reason for the Chinese wall. But you decided to lynch another open source developer in public because you could get away with it.

    5. Re:You have got to be kidding by NormalVisual · · Score: 2, Insightful

      Oh give me a break - no one was "lynched". If you think so, please quote the relevant lines from Michael's posts. The fact remains that the GPL'd code should never have been in the BSD repository without permission, and when called on it the BSD folks got their panties in a twist even after Michael offered a means to resolve the situation in a manner that would benefit the BSD project.

      And *none* of the discussion thus far explains how the BSD people thought they could implement the driver using the GPL'd code as a jumping-off point without turning it into a derivative work.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    6. Re:You have got to be kidding by gwk · · Score: 1, Insightful

      >The fact remains that the GPL'd code should never have been in the BSD repository without >permission, and when called on it the BSD folks

      When the fact that the code had been committed was brought to light it was removed. And our "panties are in a knot" because of the way this was handled: without any tact at all. Do me a favor next time your in public and I don't know say: you can't find your pen and there is someone with a pen that looks remarkably like yours. Instead of I dont know politely asking "hey is that my pen" SCREAM AS LOUD AS YOU CAN ABOUT THAT PERSON BEING A THIEF, what kind of reaction do you think that would provoke ? In the real world you would likely get punched in the face or fitted for a straight jacket. But said behavior is perfectly acceptable when your behind a keyboard?

      >Michael offered a means to resolve the situation in a manner that would benefit the BSD project.

      I like your drugs can I have some? I read absolutely no sincerity into anyones motivations in that camp, I get the distinct impression that they were waiting, hoping marcus would make a mistake so they could torpedo the driver and behold.

      >And *none* of the discussion thus far explains how the BSD people thought they could implement >the driver using the GPL'd code as a jumping-off point without turning it into a derivative work.

      Come on your definition of derivation is so broad now it would make the linux kernel subject to the APSL because some developers of drivers there looked at darwin. Marcus intention was never to copy any of the GPL code, he was trying to write a driver for hardware with no specs (please dont post the link to that stupid wiki again there is not enough information there to write a driver) the only information about the hardware was a driver subject to the GPL.

    7. Re:You have got to be kidding by bmsleight · · Score: 1

      a pen A pen then says quite clearly how one can use it for free and how to contact the owner of the pen if you would like to use the said pen.

      SCREAM AS LOUD AS YOU CAN ABOUT THAT PERSON BEING A THIEF He affirmed it was his pen and can we talk about how to use the pen together. I think the guy has been too reasonable.
    8. Re:You have got to be kidding by NormalVisual · · Score: 2, Insightful

      please dont post the link to that stupid wiki again there is not enough information there to write a driver

      Yet somehow the bcm43xx coders were able to use that information to build their own driver, and without the benefit of being able to look at the source of someone else's working implementation. Hmm.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  43. This isn't a problem specifically by erroneus · · Score: 1

    But this type of thing might be. This sort of tactic could be used by commercial interests to get around the GPL. All they'd need to do is set up a BSD project, borrow some GPL code hoping no one will notice and then pull the BSD code into their commercial endeavor. Nearly plausible deniability after that.

  44. A series of unfortunate events... by sigzero · · Score: 0

    1 - The code was committed (and I believe without malice)
    2 - The GPL folks broadcast an email
    3 - The OBSD folks get pissed
    4 - Flame wars galore
    5 - Dogs and cats living together!
    6 - The whole community now looks at the whole thing and shakes their heads in wonderment

    This is *not* the way open source is supposed to work.

  45. Re:So, BSD was *deriving* their driver from GPL co by Score+Whore · · Score: 1

    Starting with a source code A and morphing it into B over time pretty much makes B a derivative work of A. Buesch has a right to be pissed - your defense is that the BSD folks were deriving their driver from GPL code.


    Careful there. GPL leaners (ie. developers who prefer the GPL) do that kind of thing all the time. Sometimes they completely rewrite the source material, sometimes they don't. Additionally they take code that they call "compatibly licensed" and appropriate it into their own projects. Then distribute the whole thing with a file called "LICENSE" that says "This is under the GPL." Without ever mentioning that parts of the code are definitely not GPL.

    That being said, Theo is a putz. And a wanker. This is the guy who shoots an email to some company and then if the sales team or support division don't mobilize and carry his request and advocate for him with the legal or corporate division, starts with the smear campaigns against the company. If they suggest that he pay a license fee to them he starts with the smear campaigns.

    Finally, I'm not entirely sure what he's complaining about here. Somebody got their feelings hurt? Somebody is embarrassed? Maybe somebody shouldn't have stripped licenses from code they didn't write and check it into a publicly accessible, recommended, and advertised CVS repository?
  46. Re:This is the worst possible offense in open sour by Anonymous Coward · · Score: 0

    If copying w/o permission is such a bad offense when it comes to open source, why are so many people who post on this site OK with it when it comes to music files? Isn't there a parallel argument to be made that if no property is lost when someone swaps a file, then nothing is lost if Broadcom incorporates community-developed code into its drivers?

    Actually, I don't expect anyone here would see it that way.

  47. A private resolution would leave tainted code by Anonymous Coward · · Score: 2, Insightful

    Going public was the only way to make sure any tainted code would be caught. And even then it's not certain.

    Why are you even trying to defend the practice of surreptitiously using GPL code to derive a product destined to be released under a non-GPL license? That's deliberate copyright violation. Buesch has every right to be royally and publicly pissed.

    And the BSD folks are damn lucky his first response wasn't to go to a lawyer.

    So, no, it doesn't appear Buesch has any ax to grind at all. All he did was shout "Thief!" as someone was running away with stolen goods.

    And now people are pissed that one of their friends was caught as the thief so they're playing victim to the best of their abilities.

  48. OMG!! by Anonymous Coward · · Score: 0

    Somebody! Quick! Call the cops! Somebody stole my code and I can't use it anymore.

    1. Re:OMG!! by Anonymous Coward · · Score: 0

      Yes, I always find it strange that movies/music/software is "copyright infringement" but code is "stealing". In both cases, nobody is being deprived of the object in question so obviously neither should be referred to as "stealing". You could argue that the guy is trying to take credit for the work ("stealing credit"), but that's not the same thing as "stealing code".

  49. So he included too many people on a cc: by Kjella · · Score: 1

    Well, I'm glad he didn't use the usual corporate approach then, which would be to send a C&D using the DMCA to force BSDs hosting partner to take them down, accompanied with an offer to settle for a few grand under threats of a $150,000 lawsuit. That would probably send Theo into cardiac arrest.

    --
    Live today, because you never know what tomorrow brings
  50. Ah, a GPL vs BSD flamewar, FINALLY! by SmallFurryCreature · · Score: 3, Insightful

    Insulting windows users just ain't any fun to us seasoned opensource users is it. It is like trying your wits against a duckling, one that has been run over and chewed on by the rats. Far better to cross daggers with a person of your own calibre, even if in the case of you BSD lovers it is an undead calibre.

    But very well, I shall engage you on the battlefield, as long as you promise to stay down wind of me.

    BSD is the thief and the thief does NOT get to complain about how the victim responds. If you break into my house I am not obliged to send you a polite letter first to ask you to please return my stuff, I send for the police, I do that publicaly and if they wake up everyone in your street and haul you out in front of your neightbours in your Steve Jobs underwear while they go about reclaiming my possesions then all the better.

    The BSD people involved really should have known better then to do this. Contrary to what some people think both BSD and GPL people strongly believe in copyrights (what differs from closed source supporters is just how much control the author has over the user and/or further authors). You may not like either the GPL or BSD BUT for either to work they must respect the other.

    Buesch might have done this in private BUT it is his decision and his decision and alone how to handle this. The offenders do not get to dictate how the victim voices his complaint. Theo should shut the fuck up, apologize for his and his team actions and be damned glad no formal complaint is being launched in the courts.

    Just how much code is there in BSD anyway that is not there legally? Were there is smoke, there is fire.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Ah, a GPL vs BSD flamewar, FINALLY! by Fujisawa+Sensei · · Score: 1

      Just how much code is there in BSD anyway that is not there legally? Were there is smoke, there is fire.

      Why don't you download it, look for yourself, and submits your findings as a /. article?

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    2. Re:Ah, a GPL vs BSD flamewar, FINALLY! by petrus4 · · Score: 1

      You know, there are times when I see material from people on here that inspires feelings of anger and aggression in me, and vindictive responses. The only feeling I'm experiencing in response to you, however, is genuine pity.

    3. Re:Ah, a GPL vs BSD flamewar, FINALLY! by Anonymous Coward · · Score: 0

      "BSD" in any meaningful sense was not the "thief" (copyright infringer/plagiarist) in this case, a single developer was. And once again, the comparisons to physical theft are inapplicable, as the owner was deprived nothing, and (to our knowledge) the infringer hadn't (yet) gained anything by this.

      Theo's reaction was probably the way it was simply because he was pissed off at the thought that this might paint the project in a bad light - just as you have done, by implying that there may be more mislicensed code present, with no evidence to back it up. Or maybe just because of the kind of person Theo is. In any case, he has never condoned copyright infringement.

      Like Linux developers, the BSD developers (of all four open source BSD projects) have very precise knowledge the origins of most of their code base. For some parts (device drivers in particular) that are reasonably self-contained and often contributed by a single individual, there is somewhat less history, and it's always possible that some developer might have taken code from elsewhere. Both Linux and BSD developer communities hope that their contributors know better than to do something like this, but sadly it's impossible to prevent these kinds of things (but it's still easier to prevent in open source projects than proprietary ones!).

      But seriously, is your last sentence intentionally a troll? After this particular developer's contributions are gone through with a fine-toothed comb (and they almost certainly will), do you have any reason to believe that BSD in general, or any BSD project in particular, is any more likely to contain infringing code than, say, Linux?

    4. Re:Ah, a GPL vs BSD flamewar, FINALLY! by Fizzl · · Score: 1

      Ah, the loser-goodguy-moviesque answer?
      Would you like to elaborate what you feel pity for? Or do you think everyone on your side of the looking glass see why the GP should be pitied? And no-one should aggree with him because they would then commit to some unknown sin, lowering themselves to a state where they only be pitied by likes of you from the other side who know better?

      Argue with real posts or fuck off, kid. Your playground psychology won't cut it here.

      Oh yeah, forgot my real content: I think GP had a valid point. BSD guys should have just handled it as an error in process rather than taking it as some kind of great crusade by GPL towards BSD.

    5. Re:Ah, a GPL vs BSD flamewar, FINALLY! by petrus4 · · Score: 1

      Argue with real posts or fuck off, kid. Your playground psychology won't cut it here.

      Au contraire. Playground psychology is more or less the only thing that ever gets used around here. However, I think what you mean is that said psychology is usually the verbal equivalent to the playground tactic of a punch to the face. ;)

    6. Re:Ah, a GPL vs BSD flamewar, FINALLY! by Brandybuck · · Score: 1

      BSD is the thief and the thief does NOT get to complain about how the victim responds.

      Except BSD is not the thief. At least not according to RMS, who says you should not use the word "theft". Funny how you RMS worshippers have never read RMS.

      In any case, shooting someone for accidentally straying onto your front lawn is not an appropriate response to trespass, even if you do put up a big giant GPL No Trespass sign.

      --
      Don't blame me, I didn't vote for either of them!
  51. And the best part is by WaZiX · · Score: 4, Funny

    The bcm43xx driver doesn't even work!

    1. Re:And the best part is by Anonymous Coward · · Score: 0

      Strange, how am I posting this comment then? Oh wait, it's with the bcm43xx driver in Linux. :p Perhaps you meant the bcw OpenBSD driver?

    2. Re:And the best part is by AWhiteFlame · · Score: 1

      It only half-worked for me. I had to switch away from bcm43xx back to ndiswrapper because strange things happened. Like I had to reload the module about every 24hrs, otherwise my connection would just stop.

      --
      "Everything worth innovating today will go to court tomorrow."
    3. Re:And the best part is by josephdrivein · · Score: 1

      I'm using it right now on ppc - and it works fine.
      Maybe you should try one of the patches, those changes will be included in Linux 2.6.21.

  52. Good. by Anonymous Coward · · Score: 0

    I really hope the GPL gets tried in court because of this and subsequently fails. Miserably.

    1. Re:Good. by Dun+Malg · · Score: 0, Flamebait

      I really hope the GPL gets tried in court because of this and subsequently fails. Miserably. Man, you sure are stupid. The GPL is a license. How can it "fail"? You either accept the terms and distribute the source code... or you don't, and have to write all your own code. What's so fucking hard about that? Morons like you who think that "free as in beer" should automatically mean it's Public Domain just don't get it. But then again, you're all fucktards, so why should that be surprising?
      --
      If a job's not worth doing, it's not worth doing right.
  53. Gifts by DeadCatX2 · · Score: 1

    When you share, and the other party does not, that is not sharing any longer. That is a gift.

    Hm...I wonder what license Dijkstra released his algorithm under...

    Consider that with software, when you share...the original is still there for everyone to use. The GPL is equally as greedy as closed-source because it forces restrictions on the user. It's just trying to drive closed-source out of business by locking everyone into open-source. Either your program is free, or you can't use GPL code.

    It is a beautiful thing that humans are willing to give up their time and energy to make something that they let the world use for free. Corporations, unfortunately, are driven by the dollar.

    If you are truly interested in the forward progress of computer science and the benefits to humanity, then you would choose for your creations a license which allows derivative works of any type, commercial or free. Your creation, then, can be used by anyone, forever, whether this anyone intends to write a free program, or is a code monkey developing for some corporation.
    --
    :(){ :|:& };:
  54. Licensing, licensing licensing! by iminplaya · · Score: 1

    Disputes over licenses...shooting ourselves in the foot...just like the "grown-ups". Meh! Pitiful!

    --
    What?
    1. Re:Licensing, licensing licensing! by lbbros · · Score: 1

      Think what you want, but if under copyright law I give you something under a license, you *must* abide by its terms. This "dispute" was and IS necessary to avoid legal problems.

      --
      A CC-licensed illustrated horror novel
    2. Re:Licensing, licensing licensing! by iminplaya · · Score: 1

      This "dispute" was and IS necessary to avoid legal problems.

      That's my point. The thing is becoming a legal problem with little time for productive code writing. Soon you will need a law degree to program a damn computer. Ah, old days, when the USSR used to restrict access to the photocopy machine, and even the "better" older days when the writers guild could restrict one's access to the first "P2P" device, the printing press. Your copyright law, along with prohibition, is aiding and abetting disrespect for all law. A very basic problem that maybe, probably should be addressed before you reach the event horizon.

      --
      What?
  55. Re:So, BSD was *deriving* their driver from GPL co by init100 · · Score: 1

    My thoughts exactly. When I read that they intended to replace the code over time, my first thought was that the code would still be a derived work, and thus still be subject to the GPL, even if none of the original code remained.

  56. -10 Flamebait by frogstar_robot · · Score: 1

    The OpenBSD people WERE offered alternate licensing. The Linux folk were (rightly) miffed that their code was pinched without permission.

  57. GPL is sharing, BSD is giving away. by SmallFurryCreature · · Score: 1

    That is a HUGE difference. I am perfectly willing to give you ride somewhere. I am not going to give you my car.

    It says it all that Microsoft LIKES bsd style opensource. Hell it is a public secret that windows for a long time contained BSD code in its network stack. MS doesn't have a problem at all with BSD style opensource since it can take all it wants and give nothing back. The GPL doesn't allow that. The GPL is about sharing.

    I share with you, so you have to share with me. If I give you a ride it is sorta understood that you will give me a ride someday, or at least to someone else someday.

    Both BSD and GPL have their nobelity. In think with BSD it is supposed to be, we want the world to use quality software and have it available and if that means others can take our work and never ever give anything of their own so be it. BSD is willing to do all the work.

    Very noble, but most people don't work that way.

    In this case, the broadcom GPL drivers have extra capabilities, if BSD had written them then broadcom would have been able to use that in their own drivers, without offcourse at anytime opening up any of their own stuff. BSD would have done their work for free. BSD don't mind, they see it as their cause, to improve software this way. Perhaps windows users the world over are thankfull to BSD for MS Windows wonderfull network code. Perhaps. If windows users ever knew about it.

    The GPL works very different. What happens in GPL, stays in GPL. If you want to use GPL software you gotta GPL what you add to it. So broadcom can use the GPL drivers and their extra capabilities BUT only if they gpl the stuff they add themselves.

    I will give you ride BUT only if you give me a ride tomorrow.

    GPL is for older people, ones who know that in this world there are people who will NEVER buy their round, who never offer rides, who are always on holiday when it is someone elses turn to move.

    Oh and opensource means nothing. Just because the source is open does NOT mean you can share it. After all a book is opensource but just you try to share the latest harry potter.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  58. Re:This is the worst possible offense in open sour by SnowZero · · Score: 1

    Similar? Here's a comment from the BSD driver:

    /* XXX bcm43xx_voluntary_preempt() ? */

    So, since when has OpenBSD had something called voluntary_preempt just like Linux? If you were just reimplementing similar code, why copy a line that would never be useful?

    It seems clear the devolper copied the code, and was reimplementing it in parts, which is questionable even after all the parts have been replaced. That is because it could be argued that the code is a derived work. As a mental exercise, imaging doing this with code lifted from a commercial vendor; How would they respond? Probably the first you'd hear of it would be a lawsuit.

  59. In a perfect world by HomelessInLaJolla · · Score: 1

    In a perfect world you would have a valid point. This is the real world where established corporations feel no moral qualms about stealing and sealing away free software, which might possibly affect their profit margin, using any number of tactical legal avenues. While BSD may be more free GPL is a more practical implementation of free for the real world.

    --
    the NPG electrode was replaced with carbon blac
    1. Re:In a perfect world by TodMinuit · · Score: 1

      It seems that your definition of a "perfect world" is one where the GPL is inherent.

      In a truly perfect world, you license the code under whatever license you want for whatever reason you want, and people respect the license. Corporations who use BSD-licensed code are not stealing anything: They are doing what the license grants them the ability to do. Authors who license code under the BSD license fully understand that this is a possability. If they had any problems with it, they'd use another license.

      Finally, a note about freedom: Freedom is the ability to do what others think is wrong. If you take that ability away, as the GPL has done, you have taken away freedom itself. This isn't to say that I have a problem with people using the GPL license: I don't. I have a problem with it being labeled as "free."

      --
      I wonder if I use bold in my signature, people will notice my posts.
    2. Re:In a perfect world by HomelessInLaJolla · · Score: 1

      Is it stealing if a corporation claims BSD code as their own and uses a bought copyright to harass the original author? Who do the courts typically believe--a multibillion dollar international corporation with pockets full of political and business connections, or a team of three or five relatively unknown programmers from working class families? Does it even matter who the courts believe if the tactical corporate maneuver itself will financially bankrupt the programmers, making the concept of ownership or even copyright completely irrelevent?

      Either you didn't think far enough ahead to these questions or you're seeking to rehash the same old tired license war.

      --
      the NPG electrode was replaced with carbon blac
    3. Re:In a perfect world by TodMinuit · · Score: 1

      Can you cite one instance of this ever happening?

      Also, in your last question, you state that the license and copyright is irrelevent, in which case your scenario can be argued against the GPL too. Futhermore, this implies that you're no longer debating licenses, but instead voicing your complaints against corporations.

      --
      I wonder if I use bold in my signature, people will notice my posts.
    4. Re:In a perfect world by Antique+Geekmeister · · Score: 1

      How about SCO vs. IBM? Admittedly, the material I'm referring to was original BSD code that's turned up in the lawsuit and which SCO misidentified as from their AT&T UNIX licenses, but simply because the behavior is stupid or fraudulent doens't mean it's not real and shouldn't be avoided with cautious copyright policies.

    5. Re:In a perfect world by petrus4 · · Score: 1

      This isn't to say that I have a problem with people using the GPL license: I don't. I have a problem with it being labeled as "free."

      Stallman understands the power of words; they're the very things that we use to construct ideas. By redefining the word "free" he creates a scenario where although he means something very different to what that word means to most other individuals, said other individuals will think that he is using the same definition that they are when he isn't. Thus, you end up with a scenario like the one on this website where people continually justify his tyranny and try to advocate it to others. A scenario where a person who is being repressed will actually fight for and seek to defend the person responsible for their repression is a fascist's dream come true, and at least in his own context, Stallman has achieved it.

      Although I am continually caused tremendous pain by the degree of malevolence, I cannot help admiring the intelligence involved, as well. Evil genius is still genius, nonetheless.

    6. Re:In a perfect world by HomelessInLaJolla · · Score: 1

      in which case your scenario can be argued See, as I said, all you want to do is argue, and you sound like a whiny b*tch doing it.
      --
      the NPG electrode was replaced with carbon blac
  60. Not his fault? Is he a ward of the state? by Valdrax · · Score: 2, Informative

    This left me to think that when Theo commits social gaffes, it is not his fault and he can't help himself. We all have our lacks, issues, and strengths.

    I'm sorry, but I cannot agree with you on this. The way Mr. de Raadt treats other human beings is simply abusive, and there is no external factor than can explain his behavior in any fashion that would justify coddling it. Unless you are seriously willing to argue that the man is not, in a legal sense, mentally competent, then it is most certainly a problem that lies at his feet, and we should take no pity on him for it. To do otherwise is to suggest that he isn't, frankly, sane.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  61. Re:This is the worst possible offense in open sour by HomelessInLaJolla · · Score: 1

    Is there any history behind this? Could the decision to take the initial notice public have been based on past examples, possibly occurring between the team you worked on and the oBSD team, of similar situations?

    --
    the NPG electrode was replaced with carbon blac
  62. I just had to laugh by lewp · · Score: 2, Funny

    Theo telling somebody else to watch what they say and to whom they say it? Maybe when he learns to take his own advice he'll be less of a joke.

    --
    Game... blouses.
    1. Re:I just had to laugh by Anonymous Coward · · Score: 0

      You! You lack empathy!!

  63. Okay, lets translate it to beer by SmallFurryCreature · · Score: 3, Insightful

    GPL: I buy everyone a round because the license of the bar says that everyone else will also buy a round when it is their turn.

    BSD: I buy everyone a round because hell, I am just a nice guy and I want everyone to have a beer even if that means I will end up paying for all the beer being drunk.

    Closed source company: Hell, I like you BSD, keep them coming.Eh, my round? I left my wallet at home, say BSD, how about a napeleon brandy mate?

    BSD: Sure, we are all mates.

    GPL: You are an idiot BSD. But hey, make mine a double.

    Get it?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Okay, lets translate it to beer by Anonymous Coward · · Score: 0

      GPL writes book.
      BSD copies large parts of it, tells everyone he wrote it and everyone who wants to use it for any reason is free to do so.
      GPL puts a notice in the BSD members "Daily News": I wrote that. What you're doing is illegal.
      BSD: Fuck you, you're inhuman telling everyone that I did this.

      Get the point? Or should we try the version were BSD copies some of Big Brother Microsoft's work? You wouldn't like that one, I bet.

    2. Re:Okay, lets translate it to beer by Antique+Geekmeister · · Score: 1

      Oh, please.

      This is like the Emancipation Proclamation is designed to limit men's freedoms, because it forbids the ownership of slaves. Hello? It's curtailing some privileges of ownership to protect the rights of those who can't afford the fifty copyright verifications a typical small computer program might need, and preventing some of the demonstrated misuses of software secrecy that are demonstrated every year!

    3. Re:Okay, lets translate it to beer by chromatic · · Score: 1

      The behaviour of the GPL license is exactly like that of proprietary license...

      Except that that's not true, not one bit./p.

    4. Re:Okay, lets translate it to beer by Anonymous Coward · · Score: 0

      Information is free, making information is not. The GPL is a way of giving a little less to everyone, but much less to people who do not share, thus creating a more immediate motivation to share and thereby more than making up for the initial reduction in generosity.

    5. Re:Okay, lets translate it to beer by Millenniumman · · Score: 1

      The behaviour [sic] of the GPL license is exactly like that of proprietary license Except it is licensed to everyone.
      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    6. Re:Okay, lets translate it to beer by Anonymous Coward · · Score: 0

      That's a fantastic analogy :)

    7. Re:Okay, lets translate it to beer by dkf · · Score: 1

      BSD: I buy everyone a round because hell, I am just a nice guy and I want everyone to have a beer even if that means I will end up paying for all the beer being drunk.

      Closed source company: Hell, I like you BSD, keep them coming.Eh, my round? I left my wallet at home, say BSD, how about a napeleon brandy mate?

      BSD: Sure, we are all mates.

      GPL: You are an idiot BSD. But hey, make mine a double.
      You missed out an important bit. What happens is that BSD notices that neither the CSC is being quite as generous as they ought to be, and buys them Bud Light instead of the brandy.

      The GPL people get a double Bud Light, since they asked for that. :-)

      Get it?

      The true BSD approach is very strongly based on the concept of a gift economy, and egregious freeloaders get shunned. But give freely and you receive a lot more in return. It's actually a very old economic concept, and means that much of actual BSD practice is remarkably close to the way that the GPL-based community works. Just with a somewhat different emphasis. (I write BSD-licensed code because it suits me philosophically; what you do with code you write is your own business.)
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    8. Re:Okay, lets translate it to beer by Dun+Malg · · Score: 1

      The true BSD approach is very strongly based on the concept of a gift economy, and egregious freeloaders get shunned. How does one "shun" someone from downloading and using freely distributed and BSD licensed code?
      --
      If a job's not worth doing, it's not worth doing right.
  64. Given the licensing for OpenSSH... by Rix · · Score: 0, Troll

    Is written specifically and deliberately to block inclusion in GPL works, why should the GPL community make any concessions for the BSD community?

    1. Re:Given the licensing for OpenSSH... by nebulous_afterthough · · Score: 0

      _sigh_ Those handing out scores know less than Rix.

      Read the damn license will you? Your dead wrong on this one!

      From the website:

      The software is developed in countries that permit cryptography export and is freely useable and re-useable by everyone under a BSD license.

      That means it's more free than the GPL. Copy the code, license it with the GPL and distribute it. What's holding you back? Perhaps an ID10T error?

    2. Re:Given the licensing for OpenSSH... by xenocide2 · · Score: 1

      Which sounds great until you realize the website is lying. Or at least misleading.

      http://www.openbsd.org/cgi-bin/cvsweb/src/usr.bin/ ssh/LICENCE?rev=1.19&content-type=text/x-cvsweb-ma rkup is the only description of openSSH's license that counts, and it's one long enough to confuse me whether it's GPL is allowable or not. That said, I can't find anything relevant on debian-legal about it, so the GP may be mistaken.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    3. Re:Given the licensing for OpenSSH... by squiggleslash · · Score: 1

      It's the OpenSSL license that forbids interoperability with the GPL. OpenSSH depends upon OpenSSL, so it's linked, but it wasn't a decision by the OpenBSD community to make OpenSSL so encumbered, and realistically, I suspect Theo isn't a big fan of the OpenSSL license any more than he is of the GPL.

      --
      You are not alone. This is not normal. None of this is normal.
  65. The Linux driver has more stuff by Anonymous Coward · · Score: 0

    Apparently there's stuff in the Linux drivers that is not in the proprietary ones, though I do not know what that is, or what functionality it provides - so yes, it's a very valid concern.

  66. Re:This is the worst possible offense in open sour by defile · · Score: 1

    OH

    That was so smooth. Good show.

  67. Re:So, BSD was *deriving* their driver from GPL co by Anonymous Coward · · Score: 0

    Starting with a source code A and morphing it into B over time pretty much makes B a derivative work of A.....Wriggle out of that, asshat.

    That would make Linux nothing more than a copy of Minix. Or when GNU/Linux was using parts of the FreeBSD network stack nothing more than a copy?

  68. YOU'RE INHUMAN!!! YOU'RE INHUMAN!!! by Chas · · Score: 1

    I agree with you.

    And as to my subject. GAH! What a moronic non-argument.

    Instead of saying "I don't like you method but yeah, you're right." he sits there and tries to verbally strip the humanity from Michael.

    Why?

    Because it's MUCH easier to hate someone and steal what is theirs when they're not human. They don't, then, have the same rights or privileges as as "us real humans".

    Yet again, a major figure in the free software movement making a complete and utter jackass spectacle of himself in public.

    --


    Chas - The one, the only.
    THANK GOD!!!
  69. Irrelevant . . . by Dausha · · Score: 4, Insightful

    This is a problem of the FOSS community turning on itself. If there was a GPL violation, the proper thing to do is own up to it and seek a re-license, which is what the owner of the GPL'd code wanted.

    I am still reading the whole Gmain thread, and am quite shocked by Theo's comments. I agree with another fellow who said that FOSS wireless driver development teams should work closely together to ensure the proprietary world doesn't overwhelm the effort. But, I digress . . .

    The core issue is whether the BCW developer copied GPL'd code, which the holder of the GPL copyright asserts. Plenty of clean examples were given, and the ability to investigate the entire tree for both sets of code makes it a quick search issue. Much better than the SCO/M$ v. IBM suit. Theo's response to the allegation is immature at least:

    1. Ad hominem attacks: calling Mike inhuman and attacking him for making the issue public.
    2. Irrelevant: saying that the bcw code does not work so there's no copyright issue. Copyright speaks to content, not functionality.
    3. It was an accident: Claiming the bcw "accidentally" copied GPL'd code. How can you accidentally copy entire blocks of code?
    4. That the code copy was temporary scaffolding: which counters #3, above. You can't claim the code copy was an accident or unintentional then say the copy was intentional for a short period of time. Theo says the code was copied to get other parts of the bcw driver to work, then would be re-written. The problem here is twofold. First, the code was copied and checked into the repository under BSD licensing, which is a violation in-and-of-itself. Second, putting the code there pending re-write means the re-write would be a derivative of the original GPL'd code---which is still a copyright violation.

    Above all, the entire line of discussion is not relevant. There's a claim of copyright violation. If the code is there, then it is a violation, whether or not it was "accidental." This extends beyond issues of header calls which are so ordinary as to not be copyrightable. (At least, under U.S. law, if there are only a few ways to convey an idea, then it cannot be copyrighted.) Whether the accusation was public is not relevant; was there a violation? The responsible action would be to investigate when the GPL'd author made the accusation.

    --
    What those who want activist courts fear is rule by the people.
    1. Re:Irrelevant . . . by shutdown+-p+now · · Score: 1

      Second, putting the code there pending re-write means the re-write would be a derivative of the original GPL'd code---which is still a copyright violation.
      If one completely rewrites the GPL'd code blocks before releasing the code, then no, it won't be a derivative work. The problem is that, the moment they've put their code with GPL chunks in it in CVS, they've distributed it - and that's when GPL kicked in.
    2. Re:Irrelevant . . . by MikeBabcock · · Score: 1

      I too can't understand the response Theo gave. I had a lot more respect for the OpenBSD project before reading this set of responses of his (and yes, I read them all).

      I would have expected a clear "sorry, we'll remove those right away and post notes that they are indeed GPL'd code to avoid any confusion". Last I checked this is a CLEAR case of Copyright violation. Without adhering to the GPL's terms, the author of the OpenBSD code broke the law by copying code he had no right to copy.

      The GPL is very simple to understand in this regard -- if you don't want to adhere to it, you have no rights except those described under Copyright law. I find it hard to believe Theo responded the way he did.

      --
      - Michael T. Babcock (Yes, I blog)
  70. Let's pretend MS is on one of the sides - decent? by baryon351 · · Score: 5, Insightful
    I feel saddened by some of this, the community fighting, but then I wonder if perhaps I'm just emotional, being both a GPL and BSD license supporter. Sometimes I like to move things around, to see how it works.

    Below are two edits to the piece here.

    The first. Let's pretend this was GPL code taken by Microsoft, not OpenBSD, for inclusion in Windows.

    From: Michael Buesch <mb>
    Subject: Microsoft bcw: Possible GPL license violation issues
    Newsgroups: gmane.linux.kernel.wireless.general,
      gmane.linux.drivers.bcm54xx.devel
    To: Marcus Glocker <mglocker>,
            Jon Simola <jsimola>,
            Theo de Raadt <deraadt>,
            Stefano Brivio <stefano.brivio>,
            Martin Langer <martin>,
            Danny van Dyk <kugelfang>,
            Andreas Jaggi <andreas.jaggi>,
            Larry Finger <larry.finger>,
            Quaker.Fang
    Cc: Johannes Berg <johannes>,
            Joseph Jezak <josejx>,
            John Linville <linville>,
            Greg kh <greg>,
            bcm43xx <list>,
            linux-wireless <list>,
            license-violation <list>
    Date: Wed, 4 Apr 2007 22:08:13 +0200
    User-Agent: Outlook Express
     
    I, Michael Buesch, am one of the maintainers of the GPL'd Linux
    wireless LAN driver for the Broadcom chip (bcm43xx).
    The Copyright holders of bcm43xx (which includes me) want to talk
    to you, developers of Microsoft Windows, about possible GPL license and therefore
    Copyright violations in your bcw driver.
    To me, that looks like Mr Buesch is being decent.

    Now let's switch to the opposite - Mr Buesch as a Windows developer, finding Microsoft code in OpenBSD

    From: Michael Buesch <mb>
    Subject: OpenBSD bcw: Possible MS Windows license violation issues
    Newsgroups: windows.kernel.wireless.general,
      windows.drivers.bcm54xx.devel
    To: Marcus Glocker <mglocker>,
            Jon Simola <jsimola>,
            Theo de Raadt <deraadt>,
            Stefano Brivio <stefano.brivio>,
            Martin Langer <martin>,
            Danny van Dyk <kugelfang>,
            Andreas Jaggi <andreas.jaggi>,
            Larry Finger <larry.finger>,
            Quaker.Fang
    Cc: Johannes Berg <johannes>,
            Joseph Jezak <josejx>,
            John Linville <linville>,
            Greg kh <greg>,
            bcm43xx <list>,
            windows-wireless <list>,
            license-violation <list>
    Date: Wed, 4 Apr 2007 22:08:13 +0200
    User-Agent: KMail/1.9.5
     
    I, Michael Buesch, am one of the Managers of the Microsoft Windows
    wireless LAN driver team for the Broadcom chip (bcm43xx).
    The Copyright holder of bcm43xx (Microsoft) wants to talk
    to you, OpenBSD bcw developers, about possible Microsoft Windows license and therefore
    Copyright violations in your bcw driver.
    Again, a response like that if it were from Microsoft to the OpenBSD team would be considered highly decent.

    I think Michael Buesch did well
  71. Re:So, BSD was *deriving* their driver from GPL co by elgaard · · Score: 1

    ==
    Careful there. GPL leaners (ie. developers who prefer the GPL) do that kind of thing all the time. Sometimes they completely rewrite the source material, sometimes they don't.
    Additionally they take code that they call "compatibly licensed" and appropriate it into their own projects. Then distribute the whole thing with a file called "LICENSE" that says "This is under the GPL."
    ==

    But that is not the same kind of thing at all.

    I do not understand why you would choose a license that is characterized by allowing everyone to use your code as they want, and then somehow think it is wrong if someone use the code in a GPL project. It you do not want people to change the license of your code, you should use a copyleft licence.

  72. Re:This is the worst possible offense in open sour by Anonymous Coward · · Score: 0

    If copying w/o permission is such a bad offense when it comes to open source, why are so many people who post on this site OK with it when it comes to music files?

    Show me one previous comment on slashdot where someone advocates redistributing a commercial music track under a more liberal license and passing it off as their own work.

  73. Re:This is the worst possible offense in open sour by Anonymous Coward · · Score: 0

    Copying code without permission is the worst possible offense in open source land. Adding a back door, or malicous code (rm -rf) is much worse.
  74. Just one question.. by cheros · · Score: 1

    I think Theo's, um, verbal repertoire must have come as a bit of a surprise to you. As far as I can see your post was sternly worded, but not abusively so (and I think it always to be a bit classier if you meet abuse with a measured, unemotional response instead of replying in kind :-).

    Now, why did you call this one publicly? Was it a simple mistake in the heat of the moment, to make sure whoever was coding would read it and maybe help with a solution, why?

    There's no hidden agenda here, I'm simply curious. If I was in a place where I could grab the two of you by the collar and drag you into a pub where I could fill you both up with beer and get you to talk it out I'd do it, but that's sadly not the case..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    1. Re:Just one question.. by Anonymous Coward · · Score: 1, Funny

      Beer beer!

  75. Violating code still publicly accessible by Anonymous Coward · · Score: 0

    I hate to fan the flames here, but am I the only person on the planet who's noticed that the infringing code is still in the public CVS repository? Sure, it's deleted from the most recent revision, but still fully accessible by checking out older revisions. See here for just one example; the path was trivial to figure out from Marcus' email to the list notifying us of his decision:

    http://www.openbsd.org/cgi-bin/cvsweb/src/sys/dev/ ic/Attic/bcw.c

    It's entirely possible to completely strip files out of a CVS repository, but that's not what has happened here. So I tend to question the sincerity of some of those involved.

    Some people need to get a grip.

  76. Not true.. by cheros · · Score: 1

    I disagree with you. I do think that a private conversation would have been better first. To use your analogy, it would be like tapping someone on the shoulder just before they decide to walk out with something under their pocket and say "I think you forgot to pay for something". If they would continue walking out, shouting 'Thief' would be appropriate, but the word 'thief' is an assumption as long as the shop has not been left.

    Having said that, for Theo to start that barrage of abuse instead of calmly saying "it would have been more polite if you'd contacted me privately first but we'll sort it out" shows a personality that is pretty deficient in restraint. That is, however, not atypical in especially technical spheres, but normally you have someone with a bit more self control between those teams and mass broadcast facilities.

    Now you have tempers frayed over something that otherwise a good chat over a beer would have fixed..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  77. Willful self-destruction by mattr · · Score: 2, Insightful

    Listening from far away, it seems that asking about this on the mailing list is fair. Maybe some people wished it was done person to person, but that judgement cannot except in some insane person's head (like Mr. De Radt) equate to being inhuman, which we usually reserve for someone who does much worse things.

    In fact Buesch was quite level-headed about it even when De Radt threw all kinds of crap at him and then other people on the mailing list jumped on board too. Considering that BSD is the key channel for the GPL work to find its way into manufacturer's machinery, I'd say the authors (who by the way deserve that title quite a lot more than the guy who went off in a huff) could stand to have been a little angrier in tone and still be within their rights.

    It looks in fact like it was Theo de Radt's fault alone for blowing it up into a huge problem and he is solely responsible for the BSD guy to quit his attempt to import the GPL code.

    Theo should have said the very first time, "OMG I'm sorry we'll pull the code, and I'll contact the developer and get right on it with you. Thanks for being understanding."

    This is clear proof to the world not that anyone is inhuman. It does suggest that De Radt is unfit for whatever leadership position he has, and should resign, or at least get someone else to be in charge of similar issues in the future.

    Perhaps someone could write some guidelines to BSD people concerning what is appropriate in terms of "paraphrasing" other code or making use of someone else's reverse engineering. It seems other people could fall into a similar problem and they better hope De Radt is not online that day.

    1. Re:Willful self-destruction by petrus4 · · Score: 1

      Considering that BSD is the key channel for the GPL work to find its way into manufacturer's machinery, I'd say the authors (who by the way deserve that title quite a lot more than the guy who went off in a huff)

      I wonder how long it's going to be before the FSF/other associated Linux zealots attempt to destroy the BSDs entirely, based on this pretext?

      Tell me, please...how much damage is going to have to be done before people realise what an obscenity Stallman's redefinition of the word "free" really is?

    2. Re:Willful self-destruction by mattr · · Score: 1

      Well.. I am no lover of Stallman, and I am a lover of the Mac which I believe uses BSD. But I also love the GPL and if a small intrepid team wants to work on open hardware despite being thwarted by manufacturers, I see nothing wrong with requiring manufacturers to have to pay them to use their work.

      Which of the two clauses in the quoted line do you disagree with? Is BSD not the key channel? I could be mistaken, not having much direct knowledge of it. Or do you think I am wrong for thinking that the hardware detectives of the bcw group are to be lauded for their work while the "guy who went off in a huff" (sorry I forget his name) just seems to have seen something he liked and wanted to hack on it. Nothing wrong with that, but his effort is nothing like the effort spent by the bcw gang. The BSD developer should contact bcw, say he was sorry for any misunderstanding and the ranting De Radt slugged at them, and ask what they think would be possible in BSD licensing. I am not a legal expert but it would seem that even if there are parts they just don't want to divulge, it would still be legally acceptable to completely rewrite those sections of code but based on the understanding of the hardware provided by bcw, correct?

      At any rate you can see I certainly would not have to ask these questions if it was obvious where the line is drawn. Maybe there is a faq somewhere. Unless this perception is addressed, it seems BSD may have inferior hardware support (again my own impression though I don't have direct experience).

      One thing I can say is that I believe Macs have trouble supporting all hardware, which is why I would get a Windows partition on a mac book pro if/when I buy one. I would have no trouble with some of that money going to supporting development of open hardware drivers. But wouldn't drivers be licensed separately from the OS anyway? I'd like to know more about where the insanity is you mention. Certainly I have no interest in destroying BSD. However you appear to believe the BSD license is the only ethical open source license. Am I correct?

    3. Re:Willful self-destruction by petrus4 · · Score: 1

      The BSD developer should contact bcw, say he was sorry for any misunderstanding and the ranting De Radt slugged at them, and ask what they think would be possible in BSD licensing. I am not a legal expert but it would seem that even if there are parts they just don't want to divulge, it would still be legally acceptable to completely rewrite those sections of code but based on the understanding of the hardware provided by bcw, correct?

      I agree, and I believe that would have been a very just and discerning solution to the conflict.

      Certainly I have no interest in destroying BSD.

      I apologise for concluding that that was the sentiment you were expressing, if it was not. There have been a few individuals in this article's thread that have openly called for the banning of the BSDs.

      At any rate you can see I certainly would not have to ask these questions if it was obvious where the line is drawn. Maybe there is a faq somewhere. Unless this perception is addressed, it seems BSD may have inferior hardware support

      The point which issues like this illustrate is how destructive the GPL can be. Code which wasn't previously under the GPL, once going under the GPL, is there for good. GPL advocates say that that's a good thing...because the only thing they care about is corporate entities not being able to use it. My own long term concern however is that we end up with an ever increasing mountain of code under a single license, which in turn is under the jurisdiction of a single institution, the FSF. Monocultures can exist in a lot of different forms; they don't have to be purely economic. The one universal element among monocultures though is that they're unhealthy. Any scenario where something of vital importance is under the control of a single institution, sooner or later, is going to cause problems.

      There are also non-technical people who consider the advent of GPL uber alles as a sign of "the open source concept maturing," however, I feel that such people have been trained to equate monoculture with maturity and modernity, primarily by how desktop computer history has been shaped up until this point. Diversity tends to be seen by such people as a weakness rather than a strength.

      However you appear to believe the BSD license is the only ethical open source license. Am I correct?

      No, I actually don't...I must have given you the wrong impression. I thank you however for seeking clarification of that rather than merely assuming that I felt that way.

      There are a very large number of different open source licenses in existence, many of which serve a variety of different purposes, for different situations. GPL advocates have tried to introduce the categorisation of "permissive and non-permissive" licenses into people's minds, for the purposes of collapsing said multitude of existing licenses down into two categories, which in turn is closer to *their* desired endgame (in many, but not all cases) of the GPL being the only FOSS license remaining in existence.

      I will openly admit that I *do* believe that the BSD license (and a few others that are similar, such as the MIT/X license) are the closest in practice to the gift culture written about by Eric Raymond, because unlike the GPL, they do not attempt to dictate distribution or end use, nor do they seek to discriminate against any groups for any reason. However, there are others such as the MPL and the AT&T license which, while mainly similar to the above, contain a few specific conditions which the entities in question considered it appropriate to add, as is their right. Before any GPL zealots who may be reading predictably pounce on this, let me remind them that such conditions did not violate the OSD; said conditions usually concerned patent indemnity, from memory.

      I will also admit that the definition of an open source license that I believe in does not include discrimination against groups. (such as Microsoft and Novell, as one example) Version 3 of the GPL is l

    4. Re:Willful self-destruction by mattr · · Score: 1

      Thank you for your very thoughtful and considerate response. And.. it's good to know you have a sense of humor (it seemed to be peeking out at the end perhaps).

      Well, I also am uncomfortable when I (once in a blue moon) see a license that discriminates against a given social group (like the military or whatever). However it is possible that many more people write GPL code because they feel they have a minimal shield that puts them on even footing with commercial interests who would otherwise just plunder code as they can with BSD. Hackers do not want to give their code to Microsoft, and enjoy the feeling of having a sandbox of their own.

      That is, the gift culture that was prevalent when I started out on the Net anyway and as evidenced by the open relay MIT used to run for example (and their open courseware project as another), has perhaps shrunk to end up only in BSD. If so that is a great shame. However I do not see how to put everything back in Pandora's box again. It certainly seems to reduce the amount of code usable by a developer to that which is compatible in licensing, and it may seem more hard-hearted to you. However I think that without anyone intentionally wanting to hurt BSD at all (what's the point? a bizarre idea) for the above reasons BSD developers are at a disadvantage.

      The only solutions to this are to either accept that, or to make sincere efforts to contact individual GPL code authors and request licensing for BSD as well. Guess who is the biggest obstacle to that? Guys like de Radt. I don't know him personally and I can't tell what his feeling about that exchange is now in hindsight, but his tirade seems to be one of those childish things hackers do a lot. Maybe being "childish" is what lets people write free code, it is an honest, nice-feeling and satisfying thing after all. But there is a definite difference between altruism, stubbornness, and craziness. BSD needs someone who is a bit calmer. I had no idea using BSD also required hysteria about non-BSD code but if so then maybe get someone who is from the outside, not so freaked out, and who is able to understand how GPL authors feel. Otherwise I don't see how you will get them to relinquish their rights.

      BSD after all is a fabulous thing, and I personally think the "gift culture" is great. In fact I think I would feel more bound to return something to the world without strings attached, i.e. BSD licensed, if I used it, in comparison to using GPL software. Also I have to say, I have made a living using code under the Perl Artistic License (well maybe it is GPL too now) and that is also I think a wonderful thing. On the other hand linux would not be where it is with the GPL I'm pretty sure, and it wouldn't be able to hold its own against cynical commercial interests. Also GPL is a safe harbour for example there is the Firebird database, the GPL if I am not mistaken enabled the developers to become independent of a somewhat nasty commercial interest.

      Sorry I don't what to tell you right now, I just feel obligated to respond sincerely to you. Personally I am a private businessperson and a developer, and I have also given many years of free time to NPO work (mostly web site development for Cambodian projects), or in an anti-earthquake project and other things. I felt I had to do something with my skills along those lines. The gift culture as you say is still alive, though the freeness of software is harder for many people to understand. I think people now find the GPL to be timely and romantic, and conversely companies do not really seem to want to play fair if you read the news.

      I don't know exactly why people use the GPL but I think part of it is to feel they are part of something more powerful than themselves, and part of course is because of all that GPL code. It strikes a balance for them. Probably many people would like to release things without thinking about licenses and such, and maybe BSD can take on some proactive projects to introduce them to that world. Maybe if you start with them young.. very yo

    5. Re:Willful self-destruction by Grimwiz · · Score: 1

      Petrus4,

      Your posts have food for thought, and you often seem insightful... but you present a very different view of the two different licensing schemes than the way I and many other people understand them. This could label you a subtle troll, using fear, derogatory labels such as "fanboy" with a warped interpretation of the GNU license but I'll grant you the benefit of the doubt and reply in the hope that my observations may be helpful.

      You worry that someone wants to destroy BSD. Fear not... the core code is immortal as long as it is able to be ported to some sort of computing platform. However, it may become irrelevant or too slow to adapt to new hardware. I believe the biggest risk of this happening lies through hardware vendors not enabling timely support from open source software, and as such you should appreciate the efforts of all the open source groups working out how things work regardless of ideology.

      You worry about the GPL preventing the release of software that was licensed as BSD from still being licensed under the BSD rules. Nothing relicenses the code. The original licenses still hold. BSD code can happily be included in a GPL system whilst adhering to the license requirements. If someone else (not necessarily a company) modified the BSD code and redistributed the product then you have no right to view the changes they made. You seem to be very happy with the idea of a strings free gift culture, however, me and a whole load of other developers believe that it is unfair and whilst we do not control who (for example, all companies, including Microsoft is fully able to use GPL code if it wishes) uses the code we have seen enough "embrace, extend and extinguish" methods over the years for us to want to protect ourselves.

      The discrimination that you mention is not aimed at any particular company, it defends against abuse of the principles that the code was released under.

      It took perhaps 20 years of being a developer for me to come fully to the side of preferring GPL code. I've dabbled in public domain, BSD and various other licenses but the GPL fosters a preference for fair practices and public release of fixes that I believe both allows software to evolve to fit its requirements and also encourages a basic human nature to work for the benefit of the needy.

      It is not right to say corporations are evil or needy, you are placing emotions on something that is obviously non-human. They are driven by different desires. I submit that my opinion is not based upon reflexive, anti-capitalist terror but instead, regard my stance as a reaction to how I have been treated over the last 40 years.

      --
      -- Don't believe everything you read, hear or think
    6. Re:Willful self-destruction by petrus4 · · Score: 1

      I submit that my opinion is not based upon reflexive, anti-capitalist terror but instead, regard my stance as a reaction to how I have been treated over the last 40 years.

      That is legitimate, and I respect it. I only wish I had seen your post earlier...I apologise for having missed it; some things get lost in the blizzard sometimes.

  78. You got that backwards by Llywelyn · · Score: 1

    BSD does not require attribution (in fact, that clause was specifically removed.)

    From the BSD License:

    All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • 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.

    That screams "requires attribution" to me. The line you are referring to, which was removed in 1999, is as follows:

    Neither the name of the nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
    --
    Integrate Keynote and LaTeX
    1. Re:You got that backwards by Llywelyn · · Score: 1

      Figures, I would copy the wrong line when I was copying it >_>

      It required the addition of "This product includes software developed by the University of California, Berkeley and its contributors." That was the line that was rescinded.

      --
      Integrate Keynote and LaTeX
  79. Plural of doofus (was: Re:Summary: Theo went...) by siglercm · · Score: 1

    "Doofus" is 5th declension masculine. Like virus. Singular: doofus; plural: doofus.

    (This has been an attempted Latin joke. If this had been an actual joke, it would have been followed by laughter and muted applause. This concludes this attempted Latin joke.)

    --
    sigfault (core dumped)
  80. The Human Ego by Plutonite · · Score: 2, Insightful

    95% of the conflicts between human beings - supposedly civilised ones - would not exist if not for the overly inflated ego of the participants. There is no issue here. Either the usage of the code was wrong or right according to strict licensing definitions. Since it appears everybody agreed to the fact it was wrong, the next step is clear. Why the fuss, and the emotions, and the name calling? Mistakes happen.. just fix them and move on.

    1. Re:The Human Ego by HiThere · · Score: 1

      If that's all you consider, then the GPL terms clearly apply.

      I feel a *tiny* bit more iffy about applying them to BSD software...but only a tiny bit. If the developer had wanted to chose the BSD license, then he would have chosen it.

      Actually, if it were just GPL and BSD developers involved, I'd have said: Ignore it. It's not worth causing a fuss over. Unfortunately, we live in a world with some others who have different opinions on how one should handle code. (Actually, if all code were either GPL or BSD, I'd probably choose the BSD license. As it is, however, I'm looking at the GPL v3.)

      I remember, though, that BSD code has done a WHOLE LOT for GPL systems over the years. So I feel a *tiny* bit iffy about being strict about license terms in this situation. (Then I look over my shoulder and remember who's lurking out there.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:The Human Ego by petrus4 · · Score: 1

      (Then I look over my shoulder and remember who's lurking out there.)

      Yep. Whatever you do, don't forget the fear. After all...what other justification for the GPL is there? ;)

    3. Re:The Human Ego by HiThere · · Score: 1

      None. Nor is more needed.

      P.S.: The same can also be said for the BSD, or any other license you happen to fancy.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  81. Re:So, BSD was *deriving* their driver from GPL co by jbolden · · Score: 1

    Additionally they take code that they call "compatibly licensed" and appropriate it into their own projects. Then distribute the whole thing with a file called "LICENSE" that says "This is under the GPL." Without ever mentioning that parts of the code are definitely not GPL.

    Asserting copyright ownership when you don't have it is criminal fraud. I doubt highly this happens on a regular basis.

  82. Re:This is the worst possible offense in open sour by Antique+Geekmeister · · Score: 1

    They obviously knew Theo. If he's going to throw a hissy, you may as well get it in print early so he can't even *pretend* he's remotely rational.

    For example, his claim that "we are the people who wrote OpenSSH" is false from its start. OpenSSH had its foundations in the original SSH implementation, released under a very open source license but taken private at roughly version 1.2.22. Now, that wasn't stolen. But Theo and his peers taking credit for someone else's foundation work is hardly new. Most of the current OpenSSH maintainers are very careful to take credit only for *their* work, and credit the ssh.com authors with their original work.

    Theo isn't so careful. Moreover, the OpenBSD insistence on pursuing useless but technically exciting features (such as their "chroot" functionality, which isn't actually a chroot cage for anything that uses SSH) have actually hindered its deployment. And their default insistence on not being able to detect passphrase-less keys continues to make SSH use a surprisingly dangerous tool: since the local keys are kept almost by default unprotected, any idiot who can read your backup tapes or access your home directory by other means can and will steal your private SSH keys and use them for anything they want.

    The vulnerabilities have been known about for years. Pursing that unstable and unreliable chroot that only operates for millisends when starting up OpenSSH was considered far more important than these practical issues.

    It's time for Theo to resign from his leadership position and let someone with more of a clue give him orders on his technically proficient code.

  83. Re:This is the worst possible offense in open sour by Anonymous Coward · · Score: 0

    I knew someone would point out some irrelevant difference. I didn't say they were exactly the same thing, I suggested it might be intellectually dishonest to take one position as a member of an open source community and the other position as a consumer of commercial music. When illegal appropriation occurs, is there an economically significant loss of property to the copyright holder or not?

    This is a good example of how ideology becomes aligned with one's self interest over time to the point where one has a hard time making principled judgements. Here, I'm showing your positions on these two issues side by side.

  84. Re:Not his fault? Is he a ward of the state? by Wolfrider · · Score: 1

    Yah; in RTFA, I did read the entire content of Theo's first two posts in response to the thread, and immediately realized he was being needlessly reactionary ( equiv == "asshole". )

    Good prgrammer maybe - but he discredits himself with outbursts like this.

    --
    .
    == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  85. Re:Gifts borne by serpents? by Anonymous Coward · · Score: 0

    The GPL is equally as greedy as closed-source because it forces restrictions on the user.


    Lies. There is no restriction on the user of GPL. Only developers and distributors of GPL code have any restrictions. You have no obligations whatsoever under the GPL by merely using a program.

    Either your program is free, or you can't use GPL code.


    Lies again. Your program can be under anything. It's only her program; the program which was licensed under the GPL which is affected by the gpl and any modified versions of that program you may make.

    ... or is a code monkey developing for some corporation


    Implicit lies once more. There is nothing in the GPL preventing corporations from using GPL code. In fact, as a manager in a major network infrstructure supplier I do it every day. That lie reflects back on your statement and makes us realise that a contribution of GPL code is a much better contribution to the "progress of computer science and the benefits to humanity" than a public domain, MIT or BSD licensed piece of software since our "code monkey" will probably get the chance to publish his code to the world if you make sure your code is GPL.
  86. Re:Plural of doofus (was: Re:Summary: Theo went... by Macthorpe · · Score: 1

    If it's any consolation, my housemate with the Classics degree laughed, but he doesn't have any mod points (or an account).

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  87. Business opportunity. by Eric+S.+Smith · · Score: 4, Funny

    Hey old man. Wanna buy some Viagra?

    As a matter of fact, I've just inherited a substantial fortune from a relative overseas. If you could front me a few grand to cover the foreign probate fees and wealth import taxes, I'll be in a position to send quite a bit of business your way.

    1. Re:Business opportunity. by Anonymous Coward · · Score: 0

      Okay! Let's do a trade. I'll front ya some of my best stuff. You'll only have to give me 10% of your gross.

  88. looks like Theo is the culprit by nanosquid · · Score: 1

    As far as I'm concerned, the only acceptable reaction from a developer, open source or otherwise, to an allegation of a GPL violation is "we'll look into it right away and let you know". And the only acceptable reaction to a documented GPL violation is "we're sorry, we are going to remove the offending code immediately, and we're putting mechanisms in place to make sure it doesn't happen again".

    1. Re:looks like Theo is the culprit by HiThere · · Score: 1

      There are other plausible responses. Placing the code under GPL is sometimes a workable one. It depends on the situation. In *THIS* situation the only permanent solution appears to be development from "scratch". ("scratch" is in quotes, because you don't need to go clean-room. You just need to ensure that the code is not "derivitive" (as defined by copyright law...ugh!, so go in for a bit of overkill).

      E.g., in this situation one of the copyright rules that applies is that "If there's only one way to do something, doing it that way isn't covered by copyright law". This pretty much means that you can use the hardware interfacing information discovered by the GPL driver. But you've still got to rewrite most of it, plausibly changing, e.g., where the routine boundaries lie (except where those are standardized by general conventions).

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  89. Was Theo intentionally diverting attention? No. by ClarkEvans · · Score: 1

    I don't think Theo was purposefully trying to divert attention. He admitted to the issue up front. I think it is going a bit too far to assign a deeper motive here. I'd bet Theo felt that his organization was being threatened via a very public accusation. He probably responded without thinking things through clearly, which most of us can be guilty of. As Bruce said, he over-reacted and lost his cool. That's it. You had an inexperienced committer here and a leader who got defensive.

    Theo should have just removed the offending code and then responded with an apology. Following a succinct apology, he could have then asked that future notices of this sort be given a chance to be handled via a more private method.

  90. bad career choice by nanosquid · · Score: 2, Informative

    Trouble is that programming is not a solitary occupation anymore; it's done in large groups, and much of it involves face-to-face communication, compromise, and group decision making.

    1. Re:bad career choice by Lost+Engineer · · Score: 1

      I could not agree more, although there are so many people who fail to understand this. Of course, some folks will lack on face to face communication; Open Source developers in particular would be lucky to meet each other once a year, but I've met too many programmers whose notion of collaboration does not extend beyond using the same CVS server.

      Maybe we all have aspergers.

  91. Where do we go from here? by Anonymous Coward · · Score: 0

    Yes, I have looked at the OpenBSD code, I can agree with you, there was a lot copied. But a lot has been modified to get it to begin to work, 89 revisions or so.

    Is this where it ends?

    Lets all take a moment and let the smoke clear from the battlefield, and see who the true enemy is, and what the real goal is: Broadcom, and getting a great, working driver for Open Source users.

    How about looking for a way to put aside bruised egos, calm down, and try working together? If OpenBSD was working on a driver, some of their advances could help your project.

    I think we should:
    -put pressure on Dell, HP, IBM and anyone who uses Broadcom chips to publish programming specifications for the same.
    -agree to work together rather than endure flamewars
    -remember the users, the poor guys who just want a working wireless card, and are smart enough to avoid Windows
    -apologise and get on with life, it is too short to stay worked up

    I applaud you, Michael, for at least posting here and on undeadly.

    1. Re:Where do we go from here? by mbuesch · · Score: 1

      How about looking for a way to put aside bruised egos, calm down, and try working together? If OpenBSD was working on a driver, some of their advances could help your project. Yeah, but it was exactly the other way around ;).

      -remember the users, the poor guys who just want a working wireless card, and are smart enough to avoid Windows I already apologized to the users (and only them), although it is not my responsibility that the driver disappeared. We presented ways to solve the issue while preserving the driver. But I want to apologize to the users again.

      -put pressure on Dell, HP, IBM and anyone who uses Broadcom chips to publish programming specifications for the same. Broadcom has good reasons for not releasing specs or code, which I respect. I talked to Broadcom guys. I won't tell what they said, as it was a private discussion. And no, it's not the company-exception that causes me to stay silent. ;) (people who read the thread know what the company-exception is). It's because it was private in the first place.
  92. it's not about the GPL by nanosquid · · Score: 1

    It doesn't matter what license the stolen code was under. The issue is that the OpenBSD module author took code without complying with its license.

    So, debates about the relative meaning of the BSD and GPL license are simply not relevant.

  93. GPL vs BSD by Anonymous Coward · · Score: 0

    This BSD vs GPL debate is important.

    I am a GPL supporter and I believe that the GPL is the only way freedom and access to our own software can be protected.

    While I understand the BSD position, and on paper it seems quite noble. The BSD crowd gives their code away, they take pride in doing so. That's OK if that is what they want to do. The GPL crowd shares their code. The GPL requires and enforces a level of sharing and community that the BSD license does not. IMHO the GPL is better.

    The reason why this is important is that old saying: "Freedom is not free." Even the most peaceful communities and civilizations need laws, police, fences, and jails. There are powerful people and companies that would take our work and "embrace and extend" it until it is no longer usable by us, and we would be forced to pay for the privilege of using our code.

  94. WOW! by FungosBauux · · Score: 0

    Its amazing how someone can misinterpret everything. This Theo has serious problems. I aways thought that these BSD people are insane to risk share they code with M$ and others (as tcp stack used until today). But, now IM SURE they are INSANE. Or maybe, they work for a bunch of companies that want them to THIEF GLPed code and mark it BSD, so these company can then say, we copied a BSD code, not GPL. If they robbed GPL code, its they problem, not our. Damn, lets ban BSD forever.

    1. Re:WOW! by petrus4 · · Score: 1

      If they robbed GPL code, its they problem, not our. Damn, lets ban BSD forever.

      Please tell me you're merely idly trolling and that you don't honestly think like this.

    2. Re:WOW! by FungosBauux · · Score: 0

      Hm, I care if they are sucking GPLed code. I really dont care if they will get sued or being banned whatever. Im starting dislike BSD and BSD guys. This only show that they doesnt respect FOSS and dont care about it. And I still saying, lets BAN BSD.

  95. Hardly surprising by petrus4 · · Score: 0, Offtopic

    Here we have yet another example of the truly wonderful kind of attitude spawned and promoted by the scourge that some of us know and loathe as the FSF; ergo, fear-based mean-spiritedness, megalomania, and paranoia.

    As the FSF and its' associated drones become ever more corrupt and tyrannical in their behaviour, look for them to begin finding excuses to question the BSDs' right to exist. The BSDs give people who might otherwise have no choice but to put up with the FSF another option, and sooner or later they are going to decide that they doesn't like that enough that they will try and do something concrete about it. Control cannot be maintained if people have anywhere else to go.

  96. Re:So, BSD was *deriving* their driver from GPL co by Score+Whore · · Score: 1

    The FSF does it.

  97. Re:One Way Street by petrus4 · · Score: 0, Troll

    The "copy left" zealots are now attacking every Open Source license other than theirs.

    They've been doing that for years now...taking their cue from the demoniac who leads them. The rationale is that an alternate form of control needs to be established in order to act as a counter to corporate fascism. I'm still trying to understand how merely developing another brand of repressive behaviour is supposed to be a good thing.

    In my own mind the main reason why corporate misbehaviour is harmful is because it provides exactly the sort of material that Stallman and his apologists need as justification to engage in their own tyranny. It might not be mutual, but the FSF is in a dependent relationship with Microsoft...because without the fear of what the bogeyman Steve Ballmer might do next, people might start seeing the GPL for what it really is, comparitively speaking. Any appeal that the FSF currently have would evaporate.

  98. Re:Well, Theo is something ... by chromatic · · Score: 2

    I could be wrong, but wasn't the copyright violation being made when the code is copied from the GPL code into the local development version of the developer?

    Copyright infringement only occurs when someone other than the copyright holder attempts to distribute a copyrighted work without permission of the copyright holder. There's no problem if you 1) hold the copyright or 2) do not distribute the work or 3) distribute the work under the terms of the GPL or 4) make other arrangements with the copyright holder such that you can legally distribute the work.

    Working on the code on your own and never distributing it to another person is fine. Checking in GPLd code to a public repository without fulfilling one of #1, #3, or #4 is infringement.

  99. Oh, give me a f*cking break, will ya? by Qbertino · · Score: 1

    1.) If I programmed it, it's my code. I, and nobody else, decides what happens to it. If I GPL it and you take it and close it again or release it with whatever licence you fancy, your generally considered breaking the law.

    2.) If your doing it with all rights and laws in sight, you're a proactive criminal. Plain and simple.

    3.) Amongst OSS developers, you talk to one another and resolve the issue of code 'theft' as real professionals do: without whining or bickering. The teams people involved in the, most probably, involuntarly code theft get briefed on licences and keeping an eye open, the original coders dual licence it for that specific purpose or help recode by giving the 'thieves' some air and time to clean up their project. In the end a few jokes BSD numbsculls and Linux whiners go back and forth and all ends well.

    4.) If you don't get the above three points and start ranting on top of that, you are, as it's generally called in the OSS community, a prime class idi*t. Spare us your baseless ranting.

    --
    We suffer more in our imagination than in reality. - Seneca
  100. Re:So, BSD was *deriving* their driver from GPL co by Score+Whore · · Score: 1
    No, that's not the same thing. That's why I identified it as "sometimes ... they rewrite ... sometimes ... they don't."

    I do not understand why you would choose a license that is characterized by allowing everyone to use your code as they want, and then somehow think it is wrong if someone use the code in a GPL project.


    Perhaps someone doesn't agree with the goals of the FSF yet still believes in community. Some of their work they have no problem giving away. Other products of their work they may consider quite valuable due to the amount of expertise and time required to develop it and it's uniqueness. There are many pieces of software that would be very valuable to many people, yet no single person could reasonably pay the development cost. As such amortizing the cost across thousand of users makes a lot of sense. The FSF disagrees.

    It you do not want people to change the license of your code, you should use a copyleft licence.


    What? That is some strange logic that says "if you don't want people us to change your license, you should use our license."

    As to why a BSD instead of a GPL license: Maybe someone is just generous enough that they want people to use their software regardless of whether they are paying the original author back. Or maybe they like free software but aren't interested in crazy, meaningless, pseudo-activist, junior-politician software bureaucracy. Or perhaps the development was developed with public tax monies. As such everyone should have the right to use the code in whatever fashion they desire. It would be crazily unfair to force someone to pay for the development of a competing product.
  101. Real Summary: STFU and GBTW by bXTr · · Score: 1

    The moral of the story is "Write your own goddamned code". Note that this applies to *everybody*. BSD, stop using GPL'd code. GPL, stop using BSD'd code. Fuck Theo. Fuck Marcus. Fuck Michael. Fuck Bruce. Everyone should just do their own fucking work.

    --
    It's a very dark ride.
    1. Re:Real Summary: STFU and GBTW by Peaker · · Score: 1

      Actually, GPL code is allowed to use BSD code.
      BSD code is unallowed to use GPL code.

  102. Re:Was Theo intentionally diverting attention? No. by Score+Whore · · Score: 2, Insightful

    I would certainly not call it grand strategy, but come on. He wrote half the messages in the email thread, nearly every one of which ignored the actual copying of code, instead attacking the way the real authors of the code handled the situation. Clearly he wants people to look at how the complaint was made rather than what it is people are complaining about.

    The fact that this is childish behavior just confirms it. This is the original "Follow my rules or I'm going to go play by myself." The whole OpenBSD project started when he couldn't get his way with NetBSD.

  103. Re:Not his fault? Is he a ward of the state? by rho · · Score: 3, Interesting

    Really? I read him as being defensive of his contributors. Like a thinking, caring supervisor would. There's no question it could have been handled better. The very public airing of the violation was almost certainly intended to hurt rather than help. Theo made that point.

    Every time something like this comes up, I hear a lot of "Theo is an asshole", but then I read the messages involved and I fail to see the assholery. He seems to be smart, articulate and protective of his project--as I'd expect him to be. About 70% of this bruhaha is juvenile "Linux vs. BSD" cockfights.

    --
    Potato chips are a by-yourself food.
  104. kind of silly by f1055man · · Score: 1

    Cripple fight!!!
    Some paper thin skins round here.

  105. Re:GPL vs BSD (vs LGPL) by Animaether · · Score: 1

    the biggest problem - as I understand it, at least (if I understand incorrectly, then I guess the people who advocate them have more work to do to educate the masses), is this..

    With a BSD license, I can include a piece of open source code in my project, compile it, release it in any which way I want, and be done with it. I *can* contribute back if I change any of the code in that open source code, but it is not required of me.

    With a GPL license, if I include a piece of open source code in my project, compile it, and release it in any which way I want, I...
    - need to make not only the original open source code available
    - but also the source code of my entire project
    - whether I make changes to the open source code or not

    The only other license that is a mix of both, is the LGPL, where I can use the source code in my project as long as it compiles to its own library (say, a DLL on Windows), and I tap into that library. I still have to release the source code to that library, including any changes I make to it, but my entire project doesn't automatically become GPL.

    Given that libraries aren't always possible, and that not too many developers choose LGPL (it's mostly either GPL or BSD - dozens of other flavors to suit authors' specific demands notwithstanding), BSD code - for many developers - is 'better'... to that developer, not to the end-user, per se. Though one may always think otherwise: http://lwn.net/2001/0301/a/rms-ov-license.php3

  106. Re:So, BSD was *deriving* their driver from GPL co by jbolden · · Score: 1

    Really. Cite an example. The FSF is extremely strict about copyright with the possible exception of debian they are the strictest group around.

  107. Re:Not his fault? Is he a ward of the state? by petrus4 · · Score: 1, Insightful

    The way Mr. de Raadt treats other human beings is simply abusive, and there is no external factor than can explain his behavior in any fashion that would justify coddling it.

    To me it is utterly laughable, when I consider how juvenile, dictatorial, and abusive they themselves are on a routine basis, that the denizens of Slashdot feel that they have any justification whatsoever in turning around and complaining about Theo's supposed lack of a personality.

    I really don't feel that anyone within the Linux community has any business calling anyone *else* socially disabled at all.

  108. Re:Not his fault? Is he a ward of the state? by James_Aguilar · · Score: 1

    Some people on the site are not good at interacting socially.
    -> All people on the site are not good at interacting socially.
    -> Criticism of anyone's social abilities, no matter how poor, is invalid.

    Is that about the size of it? Speaking of laughing, I must admit I am laughing too . . .

  109. *BSD is Dying by Anonymous Coward · · Score: 0

    It is now official. Netcraft confirms: *BSD is dying

    One more crippling bombshell hit the already beleaguered *BSD community when IDC confirmed that *BSD market share has dropped yet again, now down to less than a fraction of 1 percent of all servers. Coming on the heels of a recent Netcraft survey which plainly states that *BSD has lost more market share, this news serves to reinforce what we've known all along. *BSD is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.

    You don't need to be the Amazing Kreskin to predict *BSD's future. The hand writing is on the wall: *BSD faces a bleak future. In fact there won't be any future at all for *BSD because *BSD is dying. Things are looking very bad for *BSD. As many of us are already aware, *BSD continues to lose market share. Red ink flows like a river of blood.

    FreeBSD is the most endangered of them all, having lost 93% of its core developers. The sudden and unpleasant departures of long time FreeBSD developers Jordan Hubbard and Mike Smith only serve to underscore the point more clearly. There can no longer be any doubt: FreeBSD is dying.

    Let's keep to the facts and look at the numbers.

    OpenBSD leader Theo states that there are 7000 users of OpenBSD. How many users of NetBSD are there? Let's see. The number of OpenBSD versus NetBSD posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 NetBSD users. BSD/OS posts on Usenet are about half of the volume of NetBSD posts. Therefore there are about 700 users of BSD/OS. A recent article put FreeBSD at about 80 percent of the *BSD market. Therefore there are (7000+1400+700)*4 = 36400 FreeBSD users. This is consistent with the number of FreeBSD Usenet posts.

    Due to the troubles of Walnut Creek, abysmal sales and so on, FreeBSD went out of business and was taken over by BSDI who sell another troubled OS. Now BSDI is also dead, its corpse turned over to yet another charnel house.

    All major surveys show that *BSD has steadily declined in market share. *BSD is very sick and its long term survival prospects are very dim. If *BSD is to survive at all it will be among OS dilettante dabblers. *BSD continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, *BSD is dead.

    Fact: *BSD is dying

  110. you don't sweat much by Anonymous Coward · · Score: 0

    for a fat girl.

    You don't have many zits for a guy who works behind the chocolate counter.

    Nobody likes me! Doc, you gotta help me, you fat slob!

    GPL to OBSD: We want to work with you in a spirit of peace, you stinking thieves.

    The original post from M. Buesch clearly sent conflicting messages. The body was the picture of reason and accomodation - a little legalistic, but reasonable. The header, with its huge distribution list, sent exactly the opposite message. Any reasonable reader can be excused for wondering what the sender's true intention was.

    Mr. de Raadt's immediate response was also quite reasonable. He made a rather mild suggestion that Mr. Buesch might want to try private channels before airing dirty laundry. He was rebuffed; Mr. Buesch persisted in maintaining the fiction that he was just trying to reach a friendly accomodation. That may indeed have been his intention, but we have only the text to go by, and the subtext consistently undermined his overt language. My reading of his message is "I'd be happy to help you out, once I finish humiliating you in public." Not much of an offer, I'd say. Why bother with the fake solicitousness? We can't discount the inference (based purely on the text of his messages) that his intention may well have been to score a point against the OpenBSD crowd from the beginning. It's impossible to tell.

    Mr. de Raadt could have tried eating his own dogfood: contacting Mr. Buesch privately to suggest a different approach. Maybe he did. He certainly should have avoided the gratuitous and ridiculous ad hominem attacks.

    Mr. Buesch is well within his rights to vigorously defend his intellectual property; the OpenBSD folks screwed up royally on this one (and admitted as much). But I'll say this about Mr. de Raadt: he may have poor judgement, but at least you know where you stand with him.

    The whole affair is a case study in the difference between source code and English prose. Both protagonists write the latter as if it were the former: all surface, no subtext; all denotation, no connotation. In short, controllable. But it's harder - much harder - to write English prose that works than to write code that runs. Bad writers of the technical kind often write as is they had total control over the meaning of the language, in the same way they can control the meaning of source code, and are often unwilling or unable to grasp the essential slipperiness of natural language. 'My prose compiles - if you don't "get it", your hardware must be broken.' Which leads to the common spectacle of people who basically agree engaging in heated arguments solely because of their linguistic inflexibility.

  111. Some observations. by drolli · · Score: 1

    1) Theo de Raadt behaved like a troll in this discussion. No really. If you read the thread, he is the one heating the discussion up. I would say that Rueschs original mail was typical german style. That does not make it better, since he wrote it in English; nevertheless de Raadt did his best to provoke him further. I can not understand how this can happen. The first mail was four days ago, and only two days later, the BSD driver maintainer dropped the development of the driver. Sorry guys, if i take this behaviour as a measure for you professionality i am not sure that your excellent programming skills outweight it.

    a different discussion style would have been:

    a) Ruesch send an e-mail, not an list-post
    b) The Maintainer removes the code puts the log message to the list that there are copyright issues with Ruesch - NOT that he removes the code because Ruesch attacked him. (The latter means that he would be fine with this behaviour). This would have also been the appropriate reaction to the first message, even if it was on a list
    c) De Raadt comments shortly that he will discuss this issue with both and agrees with the driver being removed from the repository - NOT that Ruesch is the bad guy because his code was stolen. His task would have been to cool the situation, not to drive Ruesch into arguments really making a further dialog impossible.

    2) The BSD drivers author states clearly that it was intentional. "To make quick progess" in nice, but honestly, not an excuse. Also if you want to do so, do it in you own sandbox or your private repository. Even that would in a very strict interpretation violate the cleanroom implementation rules. However it would be enough not to raise such problems.

    3) Theo de Raadts stream of though "we are all open source developers - thanks for slowing us down" which i see as a connotation to some of his mail is really stupid. It is HIS personal opinion that the BSD lisense is as good as the GPL. He may think whatever he likes. If i own something it is after all my decision how to use it. You may call me egoistic if i use it for personal gain. You may call me stupid if i dont make profit of it. But nobody is a bad guy because he insists that he put something under the GPL.

  112. slightly OT: copyright doesn't protect ideas by leehwtsohg · · Score: 1

    As far as I understand, a copyright on the code will not prevent anyone from looking at it, and using the ideas in the code to write closed-source drivers. He would need to get a patent to protect from that possibility.

    1. Re:slightly OT: copyright doesn't protect ideas by Dun+Malg · · Score: 1

      As far as I understand, a copyright on the code will not prevent anyone from looking at it, and using the ideas in the code to write closed-source drivers. He would need to get a patent to protect from that possibility. Well yeah, but that's not what they did. They cut and pasted code, which is a copyright issue. As GPL bashing whiners have to frequently be reminded, they are free to write their own code that does the same thing, even using the GPL code as a technical guideline. But if you want to use GPL code, you have to obey the GPL.
      --
      If a job's not worth doing, it's not worth doing right.
  113. asshat by pizpot · · Score: 1

    Dear Theo:

    I've never heard of you before, but have broadcom wireless in my HP laptops. You forgot to say in that thread, that we stole the linux code and are sorry and will not use it anymore. Duh. This won't get me to ever look at OpenBSD now that is for sure.

  114. embarassed, dishonest, exagerating by pizpot · · Score: 1

    Based on how I felt when I was a programmer for an engineering office, I would say Theo is embarrased and wanted to cover his arse and is mad at the person who spoke the truth. I used to pretend to the managers that my program was perfect, and the users were so happy with it, that they would praise it and I was happy. Then when a bug came up, I would always keep it quiet and patch it right away. I never wanted it to get to the managers.

  115. Re:GPL vs BSD flamewar, FINALLY! by azrider · · Score: 1

    BSD is the thief and the thief does NOT get to complain about how the victim responds. If you break into my house I am not obliged to send you a polite letter first to ask you to please return my stuff, I send for the police, I do that publicaly and if they wake up everyone in your street and haul you out in front of your neightbours in your Steve Jobs underwear while they go about reclaiming my possesions then all the better.
    Let me make this a little bit clearer: If you break into my house (and I am in a *good* mood), I will call the paramedics. If you break into my house (and I am in a BAD mood), I will call the coroner. In either case, you will probably make the morning paper if not the TV news. The moral is: Do NOT break into my house
    --
    And ye shall know the truth, and the truth shall make you free.
    John 8:32(King James Version)
  116. Re:Gifts borne by serpents? by DeadCatX2 · · Score: 1

    Lies. There is no restriction on the user of GPL. Only developers and distributors of GPL code have any restrictions.

    Okay, the users of GPL code would be developers. I know, wrong word, my bad.

    Corrected, my point stands....the GPL places restrictions on developers by telling them that "if you want to use this code, you have to play by our rules".

    It's only her program; the program which was licensed under the GPL which is affected by the gpl and any modified versions of that program you may make.

    Yeah, but if there's code that's GPLed, I can't put it in any programs without making licensing those programs under the GPL. Or, am I wrong?

    So, this means, as a code monkey, I can't put GPL code into the programs I write for my employer.

    Implicit lies once more. There is nothing in the GPL preventing corporations from using GPL code.

    Sure there is. My company won't let me use GPL code because we can't give our product away for free. My paycheck has to come from somewhere...like sales of software.
    --
    :(){ :|:& };:
  117. Re:Gifts borne by serpents? by chromatic · · Score: 1

    My company won't let me use GPL code because we can't give our product away for free.

    You can use GPLd code as much as you want without incurring any obligations. There are no restrictions on use.

    You can distribute GPLd code in any manner you like, including selling it.

    You can include GPLd code in your own product and sell the results.

    What you may not do is distribute (for free or for money) GPLd code under a license apart from the GPL without permission from the copyright holder. That may not work for your company, but the line I quoted is imprecise about your rights and potential obligations.

  118. Did you hear a "whoosh" sound... by subl33t · · Score: 1
    ... when you read the GP post?

    Given that we are "very smart people, very intelligent"

    and completely humourless?
  119. Re:So, BSD was *deriving* their driver from GPL co by elgaard · · Score: 1

    I am not arguing against the BSD licences. That is the choice of copyright holder. And not a bad choice.
    I am just saying that since you picked a license that lets your code be used everywhere, in Mac OSX, Windows, etc, then don't complain if it is used in a GPL project.

  120. Bullshit! by ciggieposeur · · Score: 1

    What a crock of shit! Only BSD developers love to code? Linux is driven by a hatred of Microsoft? Fuck you too.

    You look in my posting history, you'll see I use GPL for a lot of my work. That's not because I fear Microsoft, it's because I want to get paid if a company wants to take my code. But I code anyway because I like to, I've got specific needs that aren't met by what I find out there so I start my own projects to get there.

    But then I get to code that I don't care about getting paid for, or I want to use both inside and outside of work. That stuff is a gift: I license it public domain. I see no point in licensing code BSD when public domain is already well understood and out there. If you want credit, just make sure you have a web site and stick your project on your resume.

    There are a lot of things that the FSF have done that I continue to feel outraged about, but polluting the original motivation behind open source has to be one of the very worst.

    That's pretty rich, what are you smoking so we can get some?

    The motivation has ALWAYS been about writing code. For some developers, they want to get paid too so they use GPL; others don't care or don't need to get paid, so they use BSD; still others use one of the many other existing OSS licenses for their own reasons.

    You want to be pissed at FSF, fine, go write a compiler suite while you're at it. You want to be pissed at the thousands of developers who (shock!) love to write code but don't already agree with you, then too fucking bad for you. You want to argue about some ideological license purity bullshit? Then why the fuck are you using the BSD license instead of just leaving it in public domain?

    Don't like my profanity? Tough shit. You say profane ideas, you get a profane response.

    1. Re:Bullshit! by petrus4 · · Score: 1

      Linux is driven by a hatred of Microsoft? Fuck you too.

      You yourself might be an exception to the rule...but that genuinely is something I see all the time...the idea that Linux's main purpose appears to be to "save" people from the dreaded horror of all horrors, Microsoft. I also already know that you as an individual use multiple licenses...so why are *you* bothering to reply to this?

      The single main reason why I hold such contempt for the continuing, mindless terror of Microsoft is precisely because it is mindless. As the article a few days ago said, they are no longer a threat to anyone but themselves. Music-based DRM is on its' way out, as I always knew it eventually would be, and now Vista's restrictions are being subverted as well.

      In short, every last bit of the pro-GPL fearmongering I continue to hear online is based on nothing real whatsoever...it's a complete crock from beginning to end.

      You want to argue about some ideological license purity bullshit? Then why the fuck are you using the BSD license instead of just leaving it in public domain?

      Looks like I've struck a nerve, here. Interesting...if what I'm saying is, "bullshit," then why bother getting so upset about it? Surely if what I'm saying is completely invalid, it's easier for you to dismiss without being offended by it, yes?

    2. Re:Bullshit! by ciggieposeur · · Score: 1

      Looks like I've struck a nerve, here. Interesting...if what I'm saying is, "bullshit," then why bother getting so upset about it?

      Oh, so after you insult every developer who doesn't use the BSD license (which as I noted is a pretty pointless license), now you want to backtrack and take the high road to impartiality. As you say, "interesting."

      I suppose I was mistaken afterall, after seeing how nice and friendly you are now. You didn't REALLY mean to say outright that I and the several good developers I have worked with in the past only care about writing Microsoft knockoffs in our spare time, or that we are idiots who don't really understand the concept of community software. You must have been saying something else.

    3. Re:Bullshit! by Reality+Master+101 · · Score: 1

      You didn't REALLY mean to say outright that I and the several good developers I have worked with in the past only care about writing Microsoft knockoffs in our spare time, or that we are idiots who don't really understand the concept of community software. You must have been saying something else.

      Theo, is that you?

      --
      Sometimes it's best to just let stupid people be stupid.
    4. Re:Bullshit! by fsmunoz · · Score: 1

      THat's a nice little bubble world you've got there mate, congrats. BSD is for people that love the code, Linux is for MS haters and a "perversion" of "open source". I guess this is enough to disregard the fact that it was GNU/Linux - *not BSD* - that was the first truely free Unix like OS. Probably enough to disregard the fact that the "evil" FSF was already making available a shitload of software when Bill Gates was still dabbling in GWBASIC and most BSD developers were sucking up to UBC. Probably enough to forget that just because you have some retrofited definition of free software that nobody but the BSD-on-crack crowd belives that "we are elite" attitude doesn't cease to be childish *at best*. Rewriting history must be a nice hobby. It seems to at least allow you to bypass the clear fuckup of Theo in the topic at hand, where the BSD camp hasn't got a leg to stand on after years of whinning about the GPL. They did the same as you: whine, whine, whine, divert attentions to some fantasy world they've got going and shift the blame. For many of us the FSF definition of free software and the GNU project is what goes. You might dislike it, you might have another, but *ours* has been there well before BSD did *anything*.

    5. Re:Bullshit! by Dun+Malg · · Score: 1

      Looks like I've struck a nerve, here. Interesting...if what I'm saying is, "bullshit," then why bother getting so upset about it? Surely if what I'm saying is completely invalid, it's easier for you to dismiss without being offended by it, yes? It's a pity you engage in nothing more than freshman psychology and innuendo, rather than actually addressing his points. I would genuinely have liked to hear why you think the BSD license is superior to Public Domain.
      --
      If a job's not worth doing, it's not worth doing right.
    6. Re:Bullshit! by petrus4 · · Score: 2, Insightful

      I guess this is enough to disregard the fact that it was GNU/Linux - *not BSD* - that was the first truely free Unix like OS.

      Apparently Bill Joy started putting BSD together in early 1977. The FSF didn't exist until October 1985. From what I've read, the UNIX sources were distributed completely without restriction even earlier than 1977, since due to the antitrust case against them, AT&T weren't allowed to begin selling an operating system. The only charge that was being put on the source was the price of the mag tape, and I also don't know of any license restrictions either. Given the degree of university collaboration that existed early on, I can only assume that there weren't any. AT&T only became restrictive with the source themselves when they were released from the ban on selling it.

      AFAIK, the main reason why UNIX wasn't used much outside of universities very early on was because of it originally being written for the PDP-8 and 11, which were very different architectures to the 80386. The first port that I know of to the 80386 that took place that I know of was the one done by the Jolitzes, which ended up becoming (more or less, anywayz) what we now know as FreeBSD.

      It sounds like you've got the version of history that Stallman wants people to have; i.e., the one that makes him look like the sole father of the entire practice of releasing source code in general. From what I've been able to figure out anywayz, the truth is a bit different. UNIX was developed very collaboratively from its' inception, and as you yourself probably know, without source, that can't really happen. ;-)

      Probably enough to disregard the fact that the "evil" FSF was already making available a shitload of software when Bill Gates was still dabbling in GWBASIC

      The ANSI standard for Minimal BASIC is dated 1978, the same year Microsoft was founded. According to Wikipedia, the FSF was founded in October 1985...Looks like you're off by a couple of years. According to that, BASIC existed *before* the FSF. Also...I don't know what your own definition of "free" is, but Stallman himself was selling copies of Emacs during the 80s.

      Rewriting history must be a nice hobby.

      Reading history is a great hobby, sure...it allows me to know when it's been rewritten by someone else. ;)

      You might dislike it, you might have another, but *ours* has been there well before BSD did *anything*.

      Unfortunately that simply is not true...it's what you've been told. Don't take my word for it though...Go and do some research of your own. Some links that might help:-

      Some accounts of early UNIX history from the UNIX Heritage Society. There's some early source code there as well.
      20 Years of Berkeley UNIX.
      Some info about where Stallman originally got at least some of his ideas.
      The Art of UNIX Programming, which has a fair amount of historical info as well.
      A rather non-canon biographical portrait of Stallman.
      Another second opinion on Stallman, more or less in general.

      Maybe if you take the time to go through this material, you might start to realise what my beef is. I don't like bullies, and I don't like frauds...Stallman is both, which from reading the above, you will learn. I strongly urge anyone else here who views me as merely a baseless troll to go to the above links and read that material as well. If I am a troll, the point of it is very simple:- This Emperor has no clothes.

    7. Re:Bullshit! by Anonymous Coward · · Score: 0

      GNU/Linux was not the first truly free Unix-like OS. For starters, Minix existed well before Linux. As for BSD, it is Unix - the code is derived from the Berkeley versions which were built on the AT&T source code. As for the FSF releasing software when Bill Gate was mucking about with GWBASIC, you really need a history lesson. The FSF was founded in the 1980's while Bill was doing his BASIC stuff back in the 1970's. Linux only took off because of the uncertainty about the BSD source code releases when AT&T objected to them. The 386BSD project was put on hold, and a few people decided to look into this kernel written by a Finnish university student which had no connection to the BSD or AT&T code. The legal issues around the BSD code were resolved, leading to both the NetBSD and FreeBSD projects which picked up where 386BSD had left off. Linux played catch up for most of the 1990's, and only really came of age with the 2.4 kernel - ironically enough as it architecturally started to resemble the Solaris kernel of which Torvalds is so dismissive.

    8. Re:Bullshit! by petrus4 · · Score: 1

      Looks like I've struck a nerve, here. Interesting...if what I'm saying is, "bullshit," then why bother getting so upset about it?

      Oh, so after you insult every developer who doesn't use the BSD license (which as I noted is a pretty pointless license), now you want to backtrack and take the high road to impartiality. As you say, "interesting."


      I notice you didn't answer the question. ;)

    9. Re:Bullshit! by Peaker · · Score: 1

      Minix existed well before Linux.

      Are you a troll? Minix wasn't free - it was the primary incentive for Linus to start working on Linux.

      ironically enough as it architecturally started to resemble the Solaris kernel of which Torvalds is so dismissive.

      Why do you say Linus is dismissive of Solaris? Because when it went open, he was not interested in researching it? If you are not curious about something - then you are not curious - not dismissive.

    10. Re:Bullshit! by fsmunoz · · Score: 1
      You're condescending stanza is mildly annoying: everyone else has been "fed by Stallman", while you have had the hands-on experience.

      Fortunately I do have the time to go through your assertions point by point. I'll spare you the attitude and will avoid saying that your miopic views on this are due to you being hand fed this crap by Theo or the BSD Historical Reconstruction Society.

      BSD vs. Linux

      Indeed, BSD goes back to the seventies. So does ITS, TWENEX and others. I suppose that even CICS can be considered "free" software then, since it was freely distributable. At the time most OS's were free, it was precisely the end of this world in the 80's that led Stallman to begin the GNU Project in '84 (and others to begin other projects in other directions). I actually must make a correction to my previous statement: GNU/Linux was not the first in absolute terms, since the practice of distributing software for free was almost the norme in the '70's. To say that RMS wants to be viewed as the "sole father" of free software disregards the fact that the GNU project is in itself a reaction about the end of an already established practice. GNU/Linux was, however, and due to the AT&T lawsuit, the first to reach people with commodity hardware and thus the first to be available to a wider public outside of the academia,a dn the first to be completely free to use, change and distribute. Also, only in 1989 was BSD Unix distributed under a free licence: previously it required an AT&T licence. To consider BSD Unix "free software" before that point in time is using a definition of "free" that doesn't mean what today both the FSF and the BSD community view as free. Could it have been BSD? Absolutely, 386BSD only "failed" in that it got caught up in the lawsuit. Minix was there, but it was extremely incomplete and even the distribution terms less than perfect. Thus, and considering the universe of users with home computers that wanted to try a free OS, Linux was the only thing there was, since the free BSD distribution that began to gain momentum in the early '90's was not available:

      The Daemon, the GNU and the Penguin: Chapter 13. USL v The Regents of the University of California

      In November 1988, at the BSD Workshop in Berkeley, Keith, Mike Karels and Kirk McKusick announce the completion and availability of BSD Networking Release 1. NET 1 was a subset of the then-current Berkeley system. It was quite similar to 4.3-Tahoe, including source code and documentation for the networking portions of the kernel, the C library and utility programs. It was available without evidence of any prior license (AT&T or Berkeley), and was (re)distributed via anonymous FTP. The source carried a Berkeley copyright notice and a legend that allowed redistribution with attribution. (The Berkeley license was, and still is, different from the GPL. Keith and rms had debated the various aspects of the licenses repeatedly, without convergence. I will discuss this later.)

      Wikipedia: BSD

      Until this point, all versions of BSD had incorporated proprietary AT&T Unix code and therefore required licenses from AT&T for their use. Source code licenses had become very expensive by this point, and several outside parties had expressed interest in a separate release of the networking code, which had been developed entirely outside AT&T and would not be subject to the licensing requirement. This led to Networking Release 1 (Net/1), which was made available to non-licensees of AT&T code and was freely redistributable under the terms of the permissive BSD license. It was released in June 1989.

      The role of FSF (and a BASIC sidestep)

      I hope you do understand that the GWBASIC part was used to convey an image. I had no idea when the BASIC standard was made, nor was my point directly related to that. Sin

    11. Re:Bullshit! by fsmunoz · · Score: 1
      Sorry for the extra reply, but one important reference. You can read in one of the FSF's pages the following:

      The BSD developers were inspired to make their code free software by the example of the GNU Project, and explicit appeals from GNU activists helped persuade them, but the code had little overlap with GNU. BSD systems today use some GNU programs, just as the GNU system and its variants use some BSD programs; however, taken as wholes, they are two different systems that evolved separately.

      Well, saying that is not enough, so let's look deeper: as I said before the first truely free BSD distribution was Net2:

      After Net/1, BSD developer Keith Bostic proposed that more non-AT&T sections of the BSD system be released under the same license as Net/1. To this extent, he started a project to reimplement most of the standard Unix utilities without using the AT&T code. For example, vi, which had been based on the original Unix version of ed, was rewritten as nvi (new vi). Within eighteen months, all the AT&T utilities had been replaced, and it was determined that only a few AT&T files remained in the kernel. These files were removed, and the result was the June 1991 release of Networking Release 2 (Net/2), a nearly complete operating system that was freely distributable.

      So, let's listen to Keith:

      O'Reilly: You are the person who had the bright idea to rewrite all the utilities and the C library, to remove any taint from AT&T. What made you think at the time you could pull this off? Apparently, your colleagues at Berkeley didn't think this was possible. It's an amazing achievement. Bostic: I wouldn't say I had the idea. It's been an awfully long time, but I think that John Gilmore originally suggested it. And, of course, Richard Stallman had obviously been doing similar things for a long time, and he would periodically drop by CSRG to borrow a terminal and we'd argue back and forth about the why and how of free software. I can probably take the credit for making it happen at Berkeley, but like most things, it's hard to point to a single Eureka! moment or person who had the idea. I suppose if we'd truly understood how hard it would be, both in terms of time and legal hassles, we probably wouldn't have tried to do it. But there were lots of goals along the project path that were good in and of themselves, and so it was easy to gradually work our way to the point where we looked around and said "Hey, we're almost done."

      The bold is mine in that. Since I suppose that RMS is well known, let's look at John Gilmore, who was a quite active part in developing Net2. From his homepage:

      In the early days of computing, almost all software was free. IBM's operating systems, for example, came with source code and the right to copy and modify it. This gradually changed as software became more independent from hardware. Richard Stallman realized the loss to the industry from the change, and formalized the issue with the GNU General Public License and his project to re-implement Unix freely in 1983.

      I ported Richard's GNU Emacs to the Sun Workstation that year. I started archiving the free software posted to the Usenet in 1981, and continued through 1987 or so. I started a project to "sift the sands of Berkeley Unix", collaborating with UCB and other Unix hackers to sort the nuggets of original, nonproprietary code out from the background of AT&T-licensed code. Ultimately this resulted in the Berkeley "Networking 2" release which didn't require the recipient to have an AT&T license. In 1985 I wrote the "pdtar" program,

    12. Re:Bullshit! by fsmunoz · · Score: 1
      See the replies in this thread, but to summarize:

      o MINIX wasn't free. Nor was BSD prior to Net/2 in 1989, and it got caught up in the AT&T lawsuit. So Linux was actually the first free Unix available to use, change and distribute. You describe this much in your own post, and you can talk about "catch up" all you want that the fact remains that a free BSD only existed after Linux was already there. We even agree that without the BSD lawsuit Linux would probably not exist: even the GNU project would use the BSD kernel! Also, in an inderect way it was the existance of the GNU project that led some developers to try and make a completely free Net/2 distribution (the idea, according to the main developer at the time, came from John Gillmore, active GNU developer).

      o The GWBASIC was there to convey a point, It's interesting how this secondary point in my post warrants so much attention. But since it seems necessary to be absolutely precise in this: yes, GWBASIC is from the seventies. The main point stands: anybody that thinks that the GNU project was founded as a "reaction to Microsoft" is deluded behyond believe and doesn't understand the basics of the world at the time, being primarely motivated by the same weird revenge need that makes some BSD users write to the IRS to complain about the FSF tax-exempt status. yes, the insanity goes this far.

      A final note: I strongly believe that there is much more that unites us (i.e. GNU/GPL folks and BSD folks) than divides us. I harbout no ill will towards BSD and would happily use it and recommend it. As I said in an ancient post whe Theo got the FSF award in 2004:

      Actually the differences in ideology between the GNU and BSD developers are more in the outlook and means than any other thing. Free software is free software for both camps, and most sane people in both sides shares a common idea of what free software is. The licences, that are generally the main difference between the two, try to achieve an end using different approaches, but all in all both GNU and BSD people are great contributors to a common free software community. The noise many times created is more on the "newly convert" section of each side :). It's IMHO rather silly to watch the flame wars between the GNU/Linux and *BSD sides when there is so much more that unites us than what divides us. This award make perfect sense. In the end a gnu, a penguin and a daemon can sometimes be noisy neighbourghs, but in the end they stick together to defend their building. Shitty alegory, I know, eh. It just seems that some within the BSD community have this primal *hate* for the FSF, GNU and RMS. And while they can think what they want I do reserve the right to call bullshit on their propaganda.
    13. Re:Bullshit! by petrus4 · · Score: 1

      You're condescending stanza is mildly annoying: everyone else has been "fed by Stallman", while you have had the hands-on experience.

      I didn't mean that I have "hands-on" experience as such...I more meant that I have taken the time to try and do some background research when it at least looks as though a lot of people I've responded to on here primarily simply believed what they were told.

      I'll spare you the attitude and will avoid saying that your miopic views on this are due to you being hand fed this crap by Theo or the BSD Historical Reconstruction Society.

      *chuckle* I think you just did. ;-)

      Maybe you've been told that the FSF is like Scientology or something.

      It's not so much purely that I've been told that...it's also that I see the FSF's fanboys on this site behaving in a way that reinforces that perception on a fairly routine basis. ;)

      and at that very same time BSD was not under the BSD licence, nor was it free software.

      This is interesting, and you've put forward a good argument for it. I stand corrected.

      Some of the links you give me go out of they way to say that:

      o RMS sucks


      If you look at the links again, you'll notice that they don't simply say, "RMS sucks," but are actually a fair bit more specific. The material might not be complementary, but I've come across a number of people online who worship Stallman with a degree of single-mindedness that I don't really feel is prudent or appropriate for *any* human being...I thus actually consider it important to try and balance the scales where he is concerned wherever possible. It also troubles me that I feel that he actually encourages this unrealistically positive view of him, or at least does nothing to discourage it...and as the above links suggest, there is both a positive and a negative perspective.

      The stated goal for the project was to create a free Unix because it was a good idea, not because of Microsoft or any other external party.

      From what I've read, Stallman has written that Microsoft themselves are not the problem, but that corporatism itself is the disease, with Microsoft in particular merely being the largest and most prominent symptom. So yes, Microsoft specifically wasn't the cause.

      I would love a world were the BSD licence was enough.

      Then we apparently have commonality of opinion in that respect.

      the answers by Theo distill the same kind of distorted world view that you have echoed in yout first answer, attacking the GPL using community as some weird MS haters and the BSD community as a haven of freedom and Unix love.

      Again, this isn't purely because of what BSD people have said. I sadly never see a justification for the GPL given on Slashdot which does not include an appeal to fear either of Microsoft, or of the corporate world in general. It might well be true that as you say, not everyone associated with Linux is motivated purely by anti-corporate fear or hatred, but if that is true, I wish people didn't do such a convincing job at times of making it appear that way. ;)

    14. Re:Bullshit! by fsmunoz · · Score: 1

      Well, the article is buried, so this is basically a private reply that happens to be public.

      o FSF "fanboys"

      Slashdot has very few FSF "fanboys". The majority of the users are at most strictly *Linux* orientated, and partake on the practical,pragmatic approach championed by Linus. Any article about the FSF, the GPL or RMS will be filled with derogatory comments - not unlike yours, but different in their motivation. While you are ostensively anti-FSF because of your pro-BSD leanings (i.e. the GPL is not free, etc etc) the /. universe is more along the lines of "to much politics, I just want to play WoW and who cares if nVidia drivers are not free". All in all, and even when I object very strongly with yout opinion, I still prefer Theo to Linus. I *am* a strong FSF supporter - I'm an Associate Member - and my opinion on te relevance and importance of the FSF is what made me reply. You have written several highly critical, rather offensive remarks in this thread with which I disagree, and the one I replied to was downright offensive and bordering on sheer hate, so I am not overly impressed by "BSD fanboys" myself.

      o RMS

      I object to the narrowing of the FSF and GNU to a discussion of RMS's personal flaws and shortcomings. Everyone knows that the man has several characteristics that come out as unsaviour to most, and I'm not doing some apologetic of RMS sainthood. I have strong respect for him nonetheless and he has my personal admiration and thanks. Not unlike Theo mind you: Theo was *wrong* in this driver discussion. He his well-known for being stubborn, self-centered and impossible to work with. Does that mean that BSD people - or anyone else - shouldn't admire him past that due to his important contributions to free software? I don't think so. There are rabid worshippers, as it were, in every organization, and especially around people who's sense of "mission" is so marked as RMS or Theo. You could add to your links the JWZ archive on Xemacs, for example, and many others. All that considered I must again repeat that in the overall picture RMS's influence on the free software movement is almost matricial in some ways.

      o Microsoft and corporations

      Yes, that's more like it... I would even put it this way: RMS objects to any piece of software that isn't free - corporation made or not. He believes that it is unethical to develop any proprietary code for a living. Radical? Of course. Many - most? - people don't go that far, not even FSF aligned developers. But RMS isn't in this specific subject aiming at being conciliatory. He is the wy he is. "By their fruits thou shalt judge him", and GNU is for me a delicious fruit.

      o BSD

      Yes, we do share that view - that BSD-licenced code should be ubiquitous. The reasons why we share it is a given: even if you have such contempt for FSF and GNU people they have an order of priorities that makes it impossible to be otherwise. It's because I'm an FSF "fanboy" that I support BSD as well. Free software is what counts, and Theo rants, RMS tantrums or other fait divers are acessory. Theo has for years shared his views on the GPL and the FSF. That didn't prevent the FSF from giving him an award, and rightly so.

      o GPL, Linux et. al.

      Again, don't mistake the Linux community with the GNU community. Different beasts altogether, and perhaps incresingly so. As for the GPL, I could give you my opinion but you have read enough by know to have your own opinion, I doubt I can change it. That's not bad, you can't change mine neither :).The general justification isn't fear from Microsoft or corporations per se, but a way to make free software available without restrictions *and* force any changes to be free as well. Yes, I used to word "forced". The GPL is an enforcing mechanism, no doubt about it. Ideally for me the GPL should not be necessary: if all the code on the world was BSD, for example, the GPL wouldn't even need to exist. As it is you can see a justification for it

  121. Setback for Linux by huckamania · · Score: 1

    This mountain out of a mole hill is just plain stupid. The GPL developer should have pointed out the infraction and allowed the BSD guy to pull the code. It doesn't sound like that was an option.

    The issue here is not some public rant or who did what to whom, it's the application of copyleft on a project that doesn't want it. The corporate world is not going to like this because this is exactly what MS and others have been saying would happen with free sw. I'll make the prediction now that Ballmer will use this event to hurt both GPL and BSD.

    What a world. A driver developer for some obscure hardware doesn't want another driver developer to use his software because the hardware developers might end up using it. I don't know what to think about that except maybe hubris on the original developers part. I doubt the hardware developers care much because -ding-ding-ding- they don't sell software.

    No good can come of all this copyright and software patent bs. There have only been 3 original lines of code ever written. Since then, it's all been stolen.

    1. Re:Setback for Linux by Anonymous Coward · · Score: 0

      huckamania, you are a liar.

      The GPL folks pointed out the infraction and suggested they remove the code or ask permission to use parts of it. Why doesn't it sound like that was an option? You just making up BS at this point... classic troll.

      Instead the BSD guys go off on some rant about being insulted. Please.

      They got busted stealing code. The proper response is thanks for pointing this out, we shall remove it promptly.

    2. Re:Setback for Linux by huckamania · · Score: 1

      Those are harsh words but expected from a cowardly annonymous poster. The GPL guy never once offered to let them remove the code. In the initial email and all of the responses I saw, it was always about licensing part of the code. As others have pointed out, it was probably too far gone for that to happen. Even if he did remove the code, whatever code he put in its place would be suspect. Not that any of this he said/he said cruft matters. This incident will not be remembered for the flame war that it produced or who's an asshat or who is lying. This incident is goint to be used as a marketing tool for MS and others who have a vested interest in selling closed source software. This is what they were really hoping for, an example of GPL code killing a non-GPL project, because a developer took some code.

  122. Re:One Way Street by toonerh · · Score: 1

    I hate to reply to my own comment, but to have an opinion moderated as "Flamebait" because it challenges the Free Software Foundation in a respectful way seems extreme.

    I agree the GPL is a great tool to prevent fragmentation of major projects like gcc and the Linux kernel; but I think it should not be dogmatically applied to all Open Source software. A recent addition to TFA shows the GPLers may not be the saints they claim to be. I also think the OpenBSD developer was disrespectful and arguably in violation of the GPL.

    I think most Open Source types are on the same side. I like Stallman because of his brilliant invention of Emacs on the PDP-10, even though it's before a lot of you "flamers" were out of diapers; otherwise we're stuck Bill Joy's vi, ugh.

  123. Re:Let's pretend MS is on one of the sides - decen by mbuesch · · Score: 1

    You probably swapped User-Agent ;)

  124. Laundry and public by Anonymous Coward · · Score: 0

    Well, the code was aired publicly, so why not the take-down notice? When MS "loses" code to crackers they PUBLICLY state that the code is stolen.

    This is done so that someone doesn't include their code under the "false apprehension" that it was free to include.

    The GPL code was treated in the same way.

  125. Theo moderation? by hicksw · · Score: 1

    Sounds like Theo could use a good moderator to preview and edit his communications.

    Any voluteers to be his PA?
    --
    Good advice is something a man gives when he is too old to set a bad example.

  126. Re:Not his fault? Is he a ward of the state? by canUbeleiveIT · · Score: 1

    I'm sorry, but I cannot agree with you on this. The way Mr. de Raadt treats other human beings is simply abusive, and there is no external factor than can explain his behavior in any fashion that would justify coddling it.

    The reaction to de Raadt's temper tantrum just goes to show that ./ers are like everyone else--they will go to great lengths to rationalize the abberant behavior of one of their own. I wonder how many of the de Raadt apologists would extend the same grace to someone like Ann Coulter, especially with her indefensible "faggot" remark about John Edwards.

    The fact is that the more one identifies with another person, the more they will engage in mental gymnastics to excuse bad behavior.

  127. Trolls on both sides by stsp · · Score: 4, Informative

    First, let me say that I am totally shattered and disappointed. I am doing work in both the Linux and BSD communities, and this is by far one of the most destructive flamewar I have ever witnessed. It will be hard to repair the damage done... This is very sad.

    More commentary from the BSD community is over at undeadly.org.

    It's only fair to note that while there has been lots of stupid flaming on the OpenBSD side as usual, the linux bcw developers, while trying to appear rather nice and careful on the public mailing lists, where laughing their asses off about the whole thing behind the scenes in their IRC channel. They didn't exactly try hard to keep things peaceful either.

    http://bcm-specs.sipsolutions.net/irc-logs/bcm-spe cs.2007-04-03
    http://bcm-specs.sipsolutions.net/irc-logs/bcm-spe cs.2007-04-04
    http://bcm-specs.sipsolutions.net/irc-logs/bcm-spe cs.2007-04-05
    http://bcm-specs.sipsolutions.net/irc-logs/bcm-spe cs.2007-04-06

    Some quotes, the first one actually shows the igniting spark. Others show how people enjoyed watching the flames.I find it disgusting that some people seemed to enjoy watching an already brittle relationship between two deeply related communities fall into pieces. Do they also throw stones at public demonstrations and then go home to watch the riots on telly?

    [20:55] <nbd> when you complain about the license violation, please make it publicly :)<br>
    [20:55] <mb_> I think I should contact them. That's crossing a border. Copying magic register writes is one thing, but copying algorithms is another<br>
    [20:55] Action: nbd thinks this is very blatant<br>
    [20:55] <johill> mail the authors, Cc Theo de Raadt, and bcm43xx and jon (lwn)<br>
    [20:55] <st3> i'dd cc lkml too<br>
    [20:55] <johill> watch the outcry<br>
    [20:55] <st3> for the sake of fun<br>
    [20:55] <mb_> no, not lkml<br> [20:56] <mb_> I don't like stupid replies from retards in my inbox :)
    [20:56] <johill> heh
    [20:56] <mb_> Too many of them subscribed there

    [20:44] <st3> It's too late. He has given up, because of your first mail.
    [20:44] <st3> He has already deleted his work from our tree.
    [20:44] <st3> everybody is crying
    [20:47] <st3> "Too late."
    [20:48] <st3> rotfl
    [20:48] <st3> well, i'm a bit sorry anyway

    [01:40] <johill> nothing
    [01:40] <johill> fluff
    [01:40] <johill> he needs to fill his email with long paragraphs
    [01:41] <johill> (I think he's trying to say that the developer who stole all the code shouldn't really be blamed because he might be too much of a wimp)
    [01:41] <johill> ;)

    [01:51] Action: Newsome laughs at theo complaining about someone being "mean"

    [23:46] <Kaloz> theo is emotional and sensitive guy
    [23:46] <Kaloz> and you are all bastards
    [23:46] <Kaloz> he's now crying in a dark corner :(
    [23:46] <Kaloz> :P
    [23:47] <Kaloz> hey, theo is an emo? :D
    [23:53] <mb_> :D

    [13:33] <Kaloz> I know the bsd morons quite enough.. what always make me laugh that they simply claim whatever software it is, if it's gpl, it's crap and badly coded
    1. Re:Trolls on both sides by Anonymous Coward · · Score: 0

      Oh get over it. Stop trying to shift blame around. The fact, the only cold hard fact that remains is that Marco and friends got caught red handed with copyright infringement and that Theo and friends got shown off as what they are; petty thieves who shows rather more interest in trying to victimize themselves, rather than apologize and correct the issue - and pulling the code and putting it in the attic with a snooty remark doesn't count in my books.

      Remember, if you pull a stunt like this in college you'd be facing suspension, minimum. If you do this with code found in the wild belonging to microsoft, cisco or some other corporate entity, there will not be a public but polite letter asking you to stop and an offer to help sorting out the mess. There will be massive and painfull lawsuits, and that's a guarantee.

      All there is to take note of in this fiasco is that Theo hasn't only showed himself being at total ass, which wasn't new, but also a total retard who will rather wreck havoc on his own project rather than avoid behaving like a first class hypocrite. I will *never* have anything to do with obsd as long as such reckless and shortsighted individuals roam free in it, and I will certainly not recommend anyone else to do so. Thanks to this incident, Theo is toast as far as credibility goes, while he managed to keep some before thanks to at least appear consistent.

    2. Re:Trolls on both sides by Anonymous Coward · · Score: 0

      Too bad we don't have the OpenBSD private discussion.

      If you quote "[20:55] <nbd> when you complain about the license violation, please make it publicly :)" then please also quote "[19:36] <mb_> I think the last open question is if public should be CCed, too. Andreas raised it again. IMO public should be informed, but if someone doesn't like this, I'll remove public CCs for this mail.
      [19:36] <mb_> Any thoughts?"

      It seems mb_ (Michael Buesch) is genuine in his "public has the right to know", not in a hateful manner.

      See also this quote: "[01:34] <st3> why the hell didn't michael send the email to lwn too?"

      So while some make fun of it, I'd say mb_ takes it pretty serious and professional.

      "[02:37] <st3> johill, do you know who is quaker fang?
      [02:40] <johill> yeah
      [02:40] <johill> he's the opensolaris guy
      [02:40] <johill> he wanted to use bcw
      [02:40] <johill> I told mb to CC him so he doesn't use problematic code" <- sympathy/empathy

      "[02:43] <st3> well, let's answer just about facts and nothing else" <- not trying to create flamewar

      They also don't try to insult or be mean in _public_.

      "[20:49] <mb_> I feel sorry for the possible future users of bcw, but for nobody else, really.
      [20:49] <JoseJX2> Me too" <- showing care for users of OpenBSD with bcw hardware. Involves empathy.

      The only thing in mb_'s disadvantage is that he joked slightly with the others and that mb_ did expect Theo to respond in this manner. But I can understand that.

    3. Re:Trolls on both sides by mbuesch · · Score: 2, Insightful

      and that mb_ did expect Theo to respond in this manner. Who did _not_ do this? ;)
      Seriously, he's known for such reactions.
    4. Re:Trolls on both sides by stsp · · Score: 1

      Oh get over it. Stop trying to shift blame around.
      I'm not trying to shift it around. My point is that there are two sides to the coin. Most people seem to ignore that for some bizarre reason.

      I will *never* have anything to do with obsd as long as such reckless and shortsighted individuals roam free in it,

      And this is exactly what I mean, see? You are the same, just on the other side.

      Did you know that there are actually very nice and decent people working on OpenBSD? Ever met Jonathan Gray, Alexander von Gernler or Uwe Stuehler, for example? I did. Very nice people. Don't reduce the OpenBSD community to Theo. That's a bit like reducing the Linux community to ESR. Some people are controversial. Get over it.

    5. Re:Trolls on both sides by stsp · · Score: 1

      and that mb_ did expect Theo to respond in this manner.
      Who did _not_ do this? ;) Seriously, he's known for such reactions.

      Then why didn't you just leave Theo out of it? I can see from the IRC logs that you were originally cautious about going public straight away. Actually it looks like nbd was the first person to suggest going public (and he was smiling a sneeky smile while doing that, note that I know nbd personally and I've sent him my opinion on what he said in your channel in private). In retrospect I think you would have done the FOSS community a big favour by not listening to your peers at that point. But well, as can be said about what mglocker did, shit happens. I'm sad this story had to escalate like it did :-/ For me personally it's quite bad because I contribute code on both sides. It's annoying to see people around you fight all the time for stupid reasons. You can find very nice people on the OpenBSD side, just as on the Linux side, and both sides are full of idiots that turn into trolls if you feed them. Feeding them helps no one. Please, next time, try not to feed the trolls.

    6. Re:Trolls on both sides by stsp · · Score: 1

      Too bad we don't have the OpenBSD private discussion.
      There's a thread on the project's mailing list: http://marc.info/?t=117580002900004&r=1&w=2

      It seems mb_ (Michael Buesch) is genuine in his "public has the right to know", not in a hateful manner.
      Sure. I'm not saying he had bad intentions. I'm saying he should have thought about the consequences of doing what his peers were suggesting. To me the IRC log reads as if he wanted to keep it private first but decided to go public after someone else suggested so. And as you point out:

      The only thing in mb_'s disadvantage us [..] that mb_ did expect Theo to respond in this manner.
      which is exactly my (and oddly enough indirectly Theo's) point. They should have talked to mglocker in private first. It's not smart to wake sleeping dragons. It's even worse to wake them up intentionally. It helps no one.
    7. Re:Trolls on both sides by mbuesch · · Score: 1

      Then why didn't you just leave Theo out of it? Because he's _THE_ openbsd guy and has a right to get informed??

      In retrospect I think you would have done the FOSS community a big favour by not listening to your peers at that point. nbd is not responsible for doing this public. Noone else but me is. This was my decision. I agree that most people I talked to agreed to that decision, but if I had another opinion and didn't like to go public, it wouldn't have happened. And I still think it was right.

      Please, next time, try not to feed the trolls. I had a hard time doing this, as the troll was the main openbsd guy...
    8. Re:Trolls on both sides by stsp · · Score: 1

      nbd is not responsible for doing this public. Noone else but me is. This was my decision. I agree that most people I talked to agreed to that decision, but if I had another opinion and didn't like to go public, it wouldn't have happened. And I still think it was right.

      OK then. I still think the result of all this is a disaster, but we'll see what happens.

      Please, next time, try not to feed the trolls.
      I had a hard time doing this, as the troll was the main openbsd guy...

      Yes, he can be hard to deal with, as can a lot of people in the Linux community. But note that in neither case this means the whole community is hard to deal with.

      I thought I'd throw you guys some peace pointers to valuable comments from the OpenBSD side of things I found on undeadly.

      Note that these comments are not flames, and they were modded up! There is common ground.

      http://undeadly.org/cgi?action=article&sid=2007040 6104008&pid=10&thres=(u+*+100)+/+c+%3E=+75 http://undeadly.org/cgi?action=article&sid=2007040 6104008&pid=62&thres=(u+*+100)+/+c+%3E=+75 http://undeadly.org/cgi?action=article&sid=2007040 6104008&pid=105&thres=(u+*+100)+/+c+%3E=+75
    9. Re:Trolls on both sides by Anonymous Coward · · Score: 0

      Don't reduce the OpenBSD community to Theo. That's a bit like reducing the Linux community to ESR.

      Well no; Theo actually has code in OpenBSD.

    10. Re:Trolls on both sides by Anonymous Coward · · Score: 0

      Um, all those undeadly comments are from Linux users.

  128. Apology from Theo? by Anonymous Coward · · Score: 0

    Question: will Theo apologize for the way he has acted during this situation? Although he probably won't, I think he should. It will go a long way to mending fences.

  129. Re:So, BSD was *deriving* their driver from GPL co by Score+Whore · · Score: 1

    As long as the license is respected, then usage is no problem. The problem comes with the wankers who think that compatible means they can strip the original copyright notice and license, or just copy out subsets of the original code, and redistribute it with only the GPL license.

  130. Re:Well, Theo is something ... by drerwk · · Score: 1

    I am trying to understand your post in terms of the GPL, which is a license. As far as I can tell, if I take GPL code, and then line by line replace it with 'my own' code I am producing a derivative work. Even if I replace all of the original lines, or functions, or units of source, the work I produce would be derivative and subject to the GPL. It may be hard to prove that I used the original source, but it would in fact be a violation of the GPL. Do you disagree?

  131. Does Anyone See The Irony? by fishdan · · Score: 1

    Theo complains for Michael taking their spat public, and then Theo blows it up into such a flame war that every nerd on ./ (and I mean all of you except me) knows that Marcus Glocker claims credit for code he didn't write, and Theo de Raadt is a completely irrational jerk.

    Theo wanted to keep it quiet? Well, sir, I applaud you! I bet you've also been working for peace in the Middle East! You're only real fault was having this appear on the front page on the weekend.

    Geeks have long memories. Marcus, Michael and Theo, your roles in all of this will not be long forgotten, especially since this thread on /. and will show up very highly in Google searches on your names for years to come. I'm sure one of you isn't worried about that.

    --
    Nothing great was ever achieved without enthusiasm
  132. Re:Not his fault? Is he a ward of the state? by fruitbane · · Score: 1, Interesting

    I think the original message calling out the code problem was not the most polite or discreet, but it was not a direct attack. It really was a rather straight-forward message. And Theo really took the wrong approach. He's being way over-defensive. When you work around legal licenses and issues resulting from those licenses you can't afford to be defensive and see a notice of problems at an attack. Theo's response, I think, has really harmed the BSD community. Rather than calling for a little patience and calm in dealing with the situation and asking for some time to sort thinks out he immediately raised his hackles and started growling.

    Is the BSD community getting a little too insular? Is that what's going on? Maybe they are insecure about the wide attention Linux gets and the restrictions GPLed code puts on their own work. At the same time, Theo's response was inappropriate. And while Marcus did pull the driver code, he likely didn't over the initial email. The resulting exchange probably had a greater role in pushing him out, and Theo was just as much a part of that as Michael.

    I'm not sure I'd ever want to contribute work to a project with a figurehead as negatively reactive as Theo.

  133. can't we all just get along?!? by scorilo · · Score: 1
    I've been reading these comments, and it seems to me like Jerry Springer has just opensourced his show on \., and can't decide on whether to use BSD lic or GPL.

    It's sad that almost everyone in either camp suffers from tunnel vision and just can't see how much each community is interconnected. GPL code, BSD licensed code and proprietary code need each other to grow and thrive. One can certainly imagine worlds where only one exists, but that's more like a North Korean nightmare.

    Clearly, those contributing GPL code to the world are well within their right to insist that their license is respected. The BSD people have a more laissez-tomber attitude; they don't seem to care / worry too much about copyrights, as it is most important to them to produce what they (and not only they) consider great software. They don't care too much about who owns what, and they probably feel, on balance, that this is justified by them contributing more code than they "take" (and even when they "take", it's only to give back).

    Now I would agree that their (bsd) response was over the top and seemingly unwarranted. Theo has lost an opportunity to be the pacifist, restrained leader that Linus has almost always managed to be - I use "almost" because not too long ago Linus himself was seen as being one-sided in coming strongly against Gnome. Theo's call, his vocation is to write good software. He may not see PR work as necessary or pleasant, but I would speculate that he'd rather hire that nice motherly woman that Bruce dreams about rather than becoming one himself - if only he had the money, that is.

    But there is a long way from here to vilifing Theo for being Theo. I've never met him, but I saw his interview on the former ROBtv. He appeared as "cheerfully communist" as Craig in front of the Wall Street crowd, and he struggled to make the business reporter understand how he makes a living by giving away his work. The very fact of being impassioned about his project diqualifies him from accusations of Asperger or autism. Furthermore, accusing him of "social ineptitude" for ignoring a handshake seems more like ad hominem than constructive criticism. Is it not hypocritical to publicly chastise him for overreacting by actually overreacting to his overreaction? :)

    --
    "One of the symptoms of an approaching nervous breakdown is the belief that ones work is terribly important." -BRussell
  134. Re:Not his fault? Is he a ward of the state? by tqbf · · Score: 2, Informative

    Paraphrase (with accurate chronology):



    Michael (in public):

    The OpenBSD BCM driver contains GPL'd code. Here are 12 examples of code copied verbatim from our source tree.

    Theo (also in public):

    Are you saying you want Marcus to quit? Why did you CC so many people?

    Stefano:

    This is a major GPL violation. We just want it resolved. We'd love to see a clean OpenBSD BCM driver!

    Theo:

    Why are you trying to drag Marcus through the mud? Do you want him to quit?

    Joseph:

    Theo, Michael CC'd us because we're part of the BCM reversing team. Can we help you clean the driver up?

    Theo:

    So you think Marcus should quit?!

    Joseph:

    No, we just said the opposite.

    Theo:

    And I ask again, do you see any reason why this whole rant accusing Marcus of copyright violations should have landed in your mailbox?

    Michael:

    Theo, we don't want you guys to give up! Just work with us to clean up the licensing status of the code!

    Theo:

    You're too late. Marcus quit. Are you not human? Are you surprised?

    Michael:

    Little bit, yeah. This was a major GPL violation, and it doesn't seem like an accident. Why are you arguing about it?

    Theo:

    Why are you still calling Marcus a thief?



    Frankly, I have a hard time seeing how Marcus could be so thin-skinned as to be hurt by a GPL challenge, and yet somehow work on the same team as Theo. Presumably, Marcus never actually talked to Theo. It's all for the best, then. Marcus will be happier someplace else.

  135. Re: Not his fault? Is he a ward of the state? by Anonymous Coward · · Score: 0

    they themselves...the denizens of Slashdot

    Hmmm. You lump tens of thousands of people together and make a blanket claim that they are all "juvenile, dictatorial, and abusive". And get modded Insightful.

    Perhaps the moderators meant Clueless but, not finding it, took Insightful as being in the same realm.

    It is A Good Thing(tm) that you don't have the power to enforce your so-called thoughts.

  136. IP Theft in the Linux Kernel by nacturation · · Score: 1

    On the flipside, there's how FreeBSD handled it when it was found that someone removed copyright notices from their code and threw it into the Linux kernel:

    "Right now, Søren is in discussions with the authors of the Linux ATA drivers (employed by RedHat) to ensure that his copyright notice is returned to these and other files, and to ensure that this situation does not recur. And it is hoped that an amicable solution can be reached."

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  137. PD Licenses by Anonymous Coward · · Score: 0

    Shit like this is the reason why no one will ever take free software seriously.

    While OSS developers generate drama like 16 year-old girls, Microsoft sells a shrink-wrapped box that contains software with passable functionality.

    In the specific case of drivers, there is no compelling reason, outside of gratuitous zealotry, for the OSS community to use anything other that a PD license. As a metaphor, consider an English language grammar: the grammar provides a service similar to a device driver; it provides the ability to coherently communicate with a given protocol. If I, as a linguist, were to publish a grammar that featured new constructions as they came into vogue, I should do everything within my power to publicly shame those who use the constructions that I documented, were they to run afoul of my license's pedantic terms, under the arguments used in the pissing contests of current day OSS flamewars.

    Clearly, this must be rejected as it is clearly not a tenable framework to run a civil common green. A simple reference would suffice to give proper attribution as a professional courtesy. Additionally, it is not the end of the world if it is not included. As someone passing off _A Tale of Two Cities_ as their own work would likely become the laughing-stock of the literary community and be taken as seriously as a cos-play-dressed transvestite walking around outside of the convention amongst the general public, someone claiming original authorship of entire software works that are the works of others will quickly be born out to be frauds with the help of Google Code Search or lxr. --jbs

  138. I think "thieves" is too strong. by argent · · Score: 1

    Theo and friends got shown off as what they are; petty thieves

    I think that's too strong. Theo's response was classic displacement and he really needs to get over that... but it sure looks like the original commits of this code were a mistake rather than a deliberate attempt to break the GPL, and that Theo was not aware that GPL code had been committed to the repository until after the fact.

  139. Re:Well, Theo is something ... by Bruce+Perens · · Score: 1
    Copyright infringement only occurs when someone other than the copyright holder attempts to distribute a copyrighted work without permission of the copyright holder.

    While this might be literally true when the applicable license is the GPL, your words could confuse many readers about the grounds for copyright infringement. It actually happens through the exercise of any of these rights that are restricted only to the copyright holder, to the extent that they aren't granted by the license:

    1. the right to reproduce (copy),
    2. the right to create derivative works of the original work,
    3. the right to sell, lease, or rent copies of the work to the public,
    4. the right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and
    5. the right to display the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audiovisual work).[3]

    That's from Wikipedia.

    Although GPL would grant you the right to reproduce in general, many non-GPL works do not even grant you the right to make copies for personal use without distribution.

    Thanks

    Bruce

  140. Re:This is the worst possible offense in open sour by Dun+Malg · · Score: 1

    Did you actually read the correspondence and look at the code? I did both. Large chunks of it are fucking copied.

    Retard. Yes, you are indeed.
    --
    If a job's not worth doing, it's not worth doing right.
  141. Re:Not his fault? Is he a ward of the state? by rho · · Score: 1

    That's a lovely completely subjective summary.

    It seems like most of these arguments devolve to "yeah, well, Theo is an asshole, so he deserves whatever he gets." Which is neither productive nor logical.

    --
    Potato chips are a by-yourself food.
  142. There are apparent inconsistencies by Peaker · · Score: 1

    There are apparent moral inconsistencies but not where you were looking.

    I am against copying without permission of open-source code, but I have no moral problem with copying of closed-source software, for example.

    The reason is that my objection is not because of copyright law being infringed on, but because I believe software should morally be free and copyrights should not apply to private individuals.

    In an ideal world, from my perspective, copyright law would not apply to private individuals, and open-source code fits that. Closed-source software (or copyrighted-against-private-individuals music, as in your example) in itself is a great moral violation - and distributing it freely (even though it is illegal) is thus no problem - and even mitigates some of the moral problem of the copyright itself.

    I hope that clears up the apparent inconsistency with regard to copyright law.

  143. A New Low by Peaker · · Score: 1
    I might be wrong and you're a troll. But if you're not:

    You sir, are a new low in Slashdot, which is quite an achievement.
    • Completely ignoring the facts of the case - that the BSD folks infringed on the GPL, got a polite notice with an offer of assistance, and instead of apologizing, got angry and started flaming the GPL-code authors.
    • A lowly ad-hominem attack on an organization that has little to do with the case in the story.
    • Spewing baseless shit about trying to kill the BSD project.
    • Absurd referral to the FSF as some control-freak organization, as if the FSF has control over anything more than the GNU project and code - which was mainly written by the FSF itself.

    Congratulations!
    You can claim your New Slashdot Low prize at a Slashdot store near you.
  144. Attorney for Satan. by Understudy · · Score: 1

    I feel like I may be the one defending the great Satan here (Theo). But I will state a few things so no one jumps the gun to fast.

    Theo doesn't really need defending. He quite capable of doing that himself. Theo is passionate. A trait most people don't have and others can't deal with. Theo dispute was that the issue was everyone who was cc on the inital email by Michael Buesch. The code dispute was brought up on a driver that didn't work. And the tone of the initial email was at the very least condescending.

    Theo defended what he felt was an attack on one of his developers. Something Theo is rightly passionate about. Theo did not dispute the code was there. He does dispute who wrote the code. He did take personally to defending one of his developers. Good for him.

    I have seen the posts in this thread by others including Bruce Perens: Oh? So, if I take my record collection and commit it to a public CVS repository, that's going to be OK with RIAA, then? :-)

    Actually if I couldn't play any of the music because the code it was written in didn't work. I don't think anyone would really say anything except your files don't work and therefore suck. I think the RIAA would have a tough time winning a prosecution just because you had a bunch of files labeled as music files. That doesn't mean the RIAA wouldn't try and you would probably not be happy about it. Theo didn't seem happy about what was being done to one of his developers.

    Again the initial tone and the number of people cc in Michael's letter was the problem.

    Many of you have said that Theo was upset about being caught with GPL code in his CVS. Well isn't this how other developers get to make commits and corrections to code?(I may be wrong here don't be afraid to correct me I can take it) So a driver that doesn't work and is under development has some GPL code in it. Wouldn't one of the commits be to mention there is some GPL code in the drive that may need to be dealt with? (Instead of sending a harshly worded letter and cc the world on it?)

    I am not a developer but I have to admit if I were I would want be one for OpenBSD because I know that I am going to work with people who strive to do the best and have someone who has their backs.

  145. Re:Not his fault? Is he a ward of the state? by Anonymous Coward · · Score: 0

    Not really. Maybe Theo is the person you say he is. I don't know him personally. I can only comment on his emails on the bcw issue.

    All I can say is _this_ situation was handled horribly by him. Even if he was right in the first place (i.e. the infringement was a mistake and linux folks were wrong to be so strong worded and public about it), the correct course of action would have been:

    step 1: sorry guys, it was a mistake
    step 2: this is what we can do to stop the infringement (_NOT_ deleting the driver altogether, but working with linux crowd to relicence or alternatively rewrite the infringing code in a clean room fasion)
    step 3: btw, we think you were overly aggressive in your approach and would love to know that in the future, if such sitations arise again (and we certainly do our best to prevent these situations), we would be contacted privately to get the situation resolved and _then_ go public about the problem and solutions (so that the world knows not to use revision x, which is still infringing, obviously)

    Theo could have done this, but instead chose to start a huge flamewar that got the BSD developer to delete the driver altogether, because of the very strong words that came from the linux crowd after Theo had an unusual reaction (i.e. blame the victim for going to the cops instead of asking nicely for his wallet back).

    If you read Marcus' first post you will see that he actually admitted to following the linux driver code too closely in his development and actually started with the 123 I described above. Theo seems to have ruined that by generating way too much heat. Of course the linux guys were pissed off for being called names when they were in fact the victims.

  146. New addition to the homepage by Anonymous Coward · · Score: 0

    "The OpenBSD project produces a FREE, multi-platform 4.4BSD-based UNIX-like operating system. Our efforts emphasize portability, standardization, correctness, proactive security and integrated cryptography, developed by humans"

  147. Die Theo, Die by EduardoFonseca · · Score: 0

    Subject says it all.

  148. Re:GPL vs BSD flamewar, FINALLY! by Grishnakh · · Score: 1

    In my house, mood is not a factor. Anyone breaking in will simply be shot on sight until dead.

    However, don't count on anything like this ever making the TV news; it happens all the time, but never seems to be reported on the news. The media doesn't want people to get the idea that they can legally defend themselves from criminals.

  149. Fact of human nature by bonefry · · Score: 1

    People like to bitch and moan about their problems with their friends. That's not trolling.

    Considering that some people get pretty pissed when their copyright is violated (just think of academia, where people earn a living from their published papers) ... I actually think the discussions on that IRC channel is pretty civilized and not short of good intentions.

    This is NOT a sad day for Linux and the open source world.
    The world needs to know that we care about copyrights, and that we will defend them.
    Companies need to know that the GPL is a solid license, not only intended for garage hobbyists (as some might want the world to believe).

    1. Re:Fact of human nature by Brandybuck · · Score: 1

      The world needs to know that we care about copyrights, and that we will defend them.

      RMS: "Software should not be owned"

      bonefry: "The world needs to know that we will defend our property!"

      --
      Don't blame me, I didn't vote for either of them!
    2. Re:Fact of human nature by Anonymous Coward · · Score: 0

      Wrong. The world needs to know that we will defend our *copyright*. Please, get it right.

  150. Re:Well, Theo is something ... by gnud · · Score: 1

    The GPL is an easy way to license your copyrighted works. So the GPL has nothing to do with wether your code can be considered a derivative work of something else. But IF your code is a derivative of code you are using under the GPL, then you need to follow the terms of the license, or lose the right to distribute the software.

  151. Re:Not his fault? Is he a ward of the state? by Omnifarious · · Score: 1

    You deserved the down-moderation you got since I saw this comment. Slashdot denizens are not a homogeneous group. It is intellectually lazy to classify them all together in the manner you did. I would presume that the people you were castigating for throwing stones aren't the ones living in glass houses unless you can site specific examples to the contrary.

  152. What a loser by Anonymous Coward · · Score: 0

    "It's terrible," De Raadt says. "Everyone is using it, and they don't realize how bad it is. And the Linux people will just stick with it and add to it rather than stepping back and saying, 'This is garbage and we should fix it.'"

    http://www.forbes.com/intelligentinfrastructure/20 05/06/16/linux-bsd-unix-cz_dl_0616theo.html

    So it's junk until you need it Mr. De Raadt? And complaining about code theft is inhumane? What a loser.

  153. So the obligation to use social skills applies... by JimmytheGeek · · Score: 1

    only to the injured party?

    I've used and admired OpenBSD for *years*, and, by extension, its developers. But it really is clear that DeRaadt was wrong here.

    The first response is analogous to "You OVERREACTED and committed a (minor) faux pas YOU FUCKING ASSHOLE !!! NEVER OVERREACT YOU INHUMAN "

    Kinda odd to excuse that. Weirdly inconsistent.

  154. I love this by Anonymous Coward · · Score: 0

    Often when the OpenBSD project gets pissed off, they rip something out and then replace it with something much better. Expect a much better driver soon.

    So the state of WiFi in OpenBSD is just going to continue to get much better than the rest of the field.