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FSF Releases Fourth and Final Draft of GPLv3

An anonymous reader writes "The most notable changes found in this latest draft include making GPLv3 compatible with version 2.0 of the Apache license, ensuring that distributors who make discriminatory patent deals after March 28 may not convey software under GPLv3, adding terms to clarify how users can contract for private modification of free software or for a data center to run it for them, and replacing the previous reference to a U.S. consumer protection statute with explicit criteria for greater clarity outside the United States. The draft also does not prohibit Novell from distributing software under GPLv3 'because the patent protection they arranged with Microsoft last November can be turned against Microsoft to the community's benefit,' FSF executive director Peter Brown said."

237 comments

  1. Key event in the Microsoft-Linux war by pieterh · · Score: 4, Insightful

    GPLv3 is a key event in Microsoft's war to divide and conquer the Free Software / Open Source community. Most of the Linux industry seems to be betting on GPLv3 to put an end to Microsoft's patent claims. My question is simply: is Microsoft sitting around scratching its head, or has it already started on the next level of play...? Are we going to see those 235 patents handed over to the community, or are we instead going to see "IP Bridges" as the next great Product to come out of Redmond?

    1. Re:Key event in the Microsoft-Linux war by HappySmileMan · · Score: 0

      If "IP bridges" is anything like M$ Minesweeper I'm getting Vista...

      But in seriousness I think you have a point...
      Even if this stops a great number of attacks by Microsoft they'll just either figure out a loophole, or just try screw us over another way

    2. Re:Key event in the Microsoft-Linux war by HoosierPeschke · · Score: 3, Insightful

      I don't think the "IP Bridges" is plausible. As most have said, if Microsoft were to validly claim IP infringement, most if not all projects would revamp and/or code around the infringement.

      --
      Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
    3. Re:Key event in the Microsoft-Linux war by morgan_greywolf · · Score: 4, Informative

      My question is simply: is Microsoft sitting around scratching its head, or has it already started on the next level of play...?


      Yes. Microsoft has developed a culture that almost exactly matches that of one of its principle founders, Chairman and Chief Software Architect, Bill Gates. As Gates did while playing poker in college, Microsoft always has more than one strategy that it's pursuing. There's almost certainly plan B, and its not going to be pretty.

      Are we going to see those 235 patents handed over to the community


      No. The '235 patents' are far more valuable if they aren't revealed than if they are. Microsoft knows that if these patents were listed, then various groups including the FSF, EFF, PubPat and others will be challenging the validity of those patents in court. The FAT patent is just the start...

      or are we instead going to see "IP Bridges" as the next great Product to come out of Redmond?


      The 'next great product' to come out of Redmond will almost certainly be something to either further discredit Free Software / Open Source / Linux. Anything to drive people to Windows and away from Linux and GPL software in particular.

    4. Re:Key event in the Microsoft-Linux war by just_another_sean · · Score: 1

      If I recall correctly those 235 patents do not all belong to MS. They just like to throw that number around because it sounds scary to people who have to worry about their company getting sued. My understanding is that a lot of the patents in the 235 are owned by FLOSS friendly companies like IBM.

      But, call me cynical, I can't see MS at any point giving up the one's they do have. As other posters have mentioned they are more valuable as FUD material then anything else.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    5. Re:Key event in the Microsoft-Linux war by marcosdumay · · Score: 1

      "As Gates did while playing poker in college, Microsoft always has more than one strategy that it's pursuing. There's almost certainly plan B, and its not going to be pretty."

      Microsoft is playing that "You break our patents" game for a lot of time, with less than ideal results... That lets me wondering if there really is a plan B. Maybe there is no other possible plan for choosing now, since if there was one, we could trust Microsoft to find it.

      When you try to win against a huge and very adaptative competitor (that is FOSS), you eventualy get out of cards. It is too early to be certain, but Microsotf may be on that situation.

    6. Re:Key event in the Microsoft-Linux war by maxume · · Score: 1

      Or, perhaps, making noise about patents is really cheap, so they are doing it because it is really cheap?

      Microsoft revenues: $49 billion
      Redhat revenues: $0.4 billion

      Is Redhat only 1% of the Linux market? Probably not.

      --
      Nerd rage is the funniest rage.
    7. Re:Key event in the Microsoft-Linux war by morgan_greywolf · · Score: 1

      Or, perhaps, making noise about patents is really cheap, so they are doing it because it is really cheap?


      Playing with patents is a little bit like playing with nukes. As soon you fire a patent salvo, there's another company that's likely violating your patent that's gonna fire a hit back at you. The reason being that patent lawsuits between major companies almost always end in mutually-assured destruction. And you might even get sued by a third party, as a 'preemptive strike' or a 'defensive offense' (think 'Iraq War'). Look at this fictional scenario: Microsoft sues Acme Devices over FAT patent. IBM is violating the FAT patent. So, IBM pre-emptively sues Microsoft over one of its 10 gazillion patents on almost anything. This avoids the court validating the FAT patent as good and prevents Microsoft from suing IBM later.

      If it gets too crazy, you get a virtual 'cosmic scramble' of patent lawsuits going on. Not a good scenario.

      Microsoft knows its playing with fire.
    8. Re:Key event in the Microsoft-Linux war by babbling · · Score: 1

      The 'next great product' to come out of Redmond will almost certainly be something to either further discredit Free Software / Open Source / Linux. Anything to drive people to Windows and away from Linux and GPL software in particular.

      I disagree. I think their current strategy on this is going to be denying the existence of Free Software and keeping the media as quiet as possible about it. Every time Microsoft attacks Free Software (usually "Linux") there ends up being lots of news stories about it, as there recently was when they made that recent patent threat. Every time one of those stories gets published, it ends up looking like they're a bit scared of Linux being decent competition.

      My bet is that they're going to push proprietary file formats as hard as possible and deny the existence of Free Software. If they do mention Free Software or Linux, they will have thought of something really, really nasty to say.

    9. Re:Key event in the Microsoft-Linux war by ClosedSource · · Score: 1

      The problem with your scenario is that IBM and MS probably have patent agreements that include things like FAT. So if MS sues Acme Devices over FAT, IBM doesn't care.

    10. Re:Key event in the Microsoft-Linux war by Anonymous Coward · · Score: 0

      Yes. Microsoft has developed a culture that almost exactly matches that of one of its principle founders, Chairman and Chief Software Architect, Bill Gates.

      Could that be one of their problems?

      It has been said that Russians treat international politics like chess, Americans like poker, and Japanese like go. By his own admission, Bill isn't very good at go.

      Personally, I know of a large overlap between go players and free software contributors, but I don't know if that's universal. Or is free software itself like go in the marketplace?

    11. Re:Key event in the Microsoft-Linux war by sumdumass · · Score: 4, Interesting
      I don't think microsoft has to go that far and can still seriously harm opensource.

      I have been talking about this in several areas plus I have notified the FSF itself of the potential. They acknowledged it but didn't seem to care enough to make a change on the portion of the GPL that would allow it. And seeing how this is the final draft, it doesn't appear as if anything will ever be addressed.

      My problem revolves around this section of the draft.

      A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

      It seems that the FSF is so mad at Novell for making a deal with microsft they are willing to set up microsoft's final plan for free opensource using the gpl. Now forget all the FUD that can be said about how viral the GPL is, forget that they are going to hold up Novell's treatment as the new boogeyman's stick to scare people and companies away from opensource. forget all that for now, because now they have the ability to let the GPL stop people from distributing it.

      Now, lets examine this a little closer, it says, You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license

      Microsoft can include an arrangement on this into every single windows license. They can also lay claim to everything you use as falling under this protection. Basically, all they have to do is add or fix a clause into the license for ever windows product you buy that says, "microsoft promises not to sue for the use of pattent or IP related issues in connection with your use of third party software including opensource software covered by the GPL. This activity covers your acts of distributing the said software and extends only to direct to anyone you distribute to but not any further then that. This offer is only valid if you have a valid right to this license agreement and you are not the responsible party placing the disputed IP in the software in question"

      Now, anyone who buys microsoft software and clicks the I accept button to install it has basically purposely placed themselves into a position directly spelled out in the GPL and directly effecting your ability to distribute GPLv3 work after this. So lets see who buys Microsoft products, HMMM, almost everyone, Even GPL developers. And more interesting, now these programs that are GPLed and run both in linux and windows, are going to have to quite using the GPLv3 or find another license. Of course there is the option to quit developing for windows. This biggest problem might be all the companies who use microsoft products. The entire participate and all stuff just left the window if they use windows. And microsoft could offer indemnification separately for companies who are fearing lawsuits. It could become an option for an extra $20 on the support contracts they have.

      Something even more surprising would be that Dell

    12. Re:Key event in the Microsoft-Linux war by sumdumass · · Score: 2, Interesting

      Microsoft's plan B, or maybe it is C, D, E, or F, is to wait for the GPLv3 to become fixated and then change their license or support contracts to include indemnification of some sorts and thereby triggering the anti Novell parts in the GPLV3. You probably won't see it right at first. They will one day come out and announce they are working so hard to get along with opensource that they are going to indemnify a user of microsoft products who uses any non-microsoft product that might violate any of their IP intentionally or accidentally if that user didn't place the problem in there. And they will sell this to ever major corperation, most OEM users, and every off the shelf product. And they will likely have something available at a small few places for an extra cost that doesn't have the deal in it and doesn't trigger the Novell punishment clause.

      If it doesn't seem strange that we are able to talk about a "Novell punishment clause" in a license designed to keep things free, I think you have a limited definition of free. But that aside, When you desing anything to punish someone, you will and up effecting others as well. If Microsoft plays this off, they look angelic while the FSF and the new GPL look evil. "You can't use it if you use microsoft".

      Of course enforcment is going to be on the backs of anyone who owns a copy right licensed under the GPL. But lack of enforcment could lead to challenges. I would hate to see all sorts of OSS companies bankrupted because of long lengthy court battles that end up in a "You don't enforce it for this person who is in violation, you are only attempting to enforce it on us because we compete with you" argument. Make no mistake, Microsoft has other plans, even plans that could damage the license if not the entire community. Six months of work under the GPLv3 cannot be taken back to the GPLv2 easily. Especially when everyone at the top is still worried about Punishing Novell for making a deal that didn't violate anything in any existing GPL license. and now that the details of the deal are out, it seems that it didn't effect that vast majority of OSS software. I just hope getting revenge on Novell for making friends with Microsoft is worth the fallout. I will personally be supporting anything sticking with the GPLv2. Even if that makes the GPLv3 and the FSF irrelevant.

    13. Re:Key event in the Microsoft-Linux war by sumdumass · · Score: 1

      I don't think MS is ever going to go after someone because of patents.

      Their banging of the patent stick all over the place is more likley to get a reaction from the Novell deal and solidify a hasty inclusion of something to punish novell. Once this is in, the new GPL is out, Microsoft can disrupt many people and companies by making the agreement available to them as part of the software license. They will continue waiving the uglystick around to scare people form OSS and they basically stop themselves from doing anything but just using the GPLv3 products.

      Threatening patent suits without naming anything or anyone in particular is just an attempt to influence behavior. Unfortunately, some people are doing what Microsoft really wants. When it goes down, it is going to be microsoft looking like the good guy and the GPLv3 looking like the viral whatever FUD get thrown at it. Durrrung the 90's, MS didn't actually tell OEMs they couldn't sell other software or operating systems besides microsoft's. But they did nothing to stop the rumors and probably encouraged it so OEMs wouldn't start thinking about it or stray from MS's favor. MS might have actually started the rumor too, we don't know, but we do know that it manipulated behavior and microsoft made a bundle from it. It is happening again.

    14. Re:Key event in the Microsoft-Linux war by morgan_greywolf · · Score: 1

      I disagree. I think their current strategy on this is going to be denying the existence of Free Software and keeping the media as quiet as possible about it. Every time Microsoft attacks Free Software (usually "Linux") there ends up being lots of news stories about it, as there recently was when they made that recent patent threat. Every time one of those stories gets published, it ends up looking like they're a bit scared of Linux being decent competition.


      What cave have you been living in? This talk of yours is sooo 10 years ago.

      Microsoft is done trying to deny the existence of Free Software. Some of their latest talk includes "building bridges with the Open Source community".

      Microsoft is scared of Linux and the patent threat is but their latest salvo. GPLv3 will squash this thing altogether and Novell will either be out of business or will be forced to rescind or modify its agreement with Microsoft.
    15. Re:Key event in the Microsoft-Linux war by fritsd · · Score: 1
      IP Bridges? pff.. Linux has had 802.1d Ethernet bridges for Aaaaaaaaaaaaages. AND net/bridge/br.c is licensed as "GPLv2 or later".

      On the other hand, maybe I'm misunderstanding your point.

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    16. Re:Key event in the Microsoft-Linux war by marcosdumay · · Score: 1

      So, their plans B, C, D... are just like plan A: "you break our patents" FUD? That is exactly my point, they are playing that game for too long already, with not so good results.

      "If it doesn't seem strange that we are able to talk about a "Novell punishment clause" in a license designed to keep things free, I think you have a limited definition of free.

      GPLv3 won't punish Novell. Didn't you read the license? Of the FAQ? Or the rationale? Or anything? The terms that punish that deal don't retroact to deals as old as Novell's. What GPLv3 will do is avoiding any other deal like that.

    17. Re:Key event in the Microsoft-Linux war by Petrushka · · Score: 2, Insightful

      I may be slow, but I don't get your first point. How does my clicking "I agree" to a Windows EULA equate to my becoming "a party to an arrangement with a third party ... under which [I] make payment ... based on the extent of [my] activity of conveying [a GPL-covered] work"? In other words, while the Microsoft EULA is certainly discriminatory for distribution of the Microsoft software, it has nothing to do with distribution of GPL-ed software, so I don't see why it could or should have any impact on distributors of GPL-ed software.

      Your second point, about OEMs, seems solid though. (That may, of course be an outcome precisely intended by those writing GPLv3.)

    18. Re:Key event in the Microsoft-Linux war by sumdumass · · Score: 1

      So, their plans B, C, D... are just like plan A: "you break our patents" FUD? That is exactly my point, they are playing that game for too long already, with not so good results.
      No, plans B, C, and D, are designed to break open source. The patent threats are just the reverse psychology if you will. It forces knee jerk reactions that play into their hands. Chess has a lot of move like this, you tempt them with a pawn or rook and then move in for the kill once they take your bait and get out of your way.

      GPLv3 won't punish Novell. Didn't you read the license? Of the FAQ? Or the rationale? Or anything? The terms that punish the deal don't become retroactive to deals as old as Novell's. What GPLv3 will do is avoiding any other deal like that.
      The clause is in there because of the Novell deal. Just because people saw the writing on the walls and assumed the worst or just decided that Novells making friends with microsoft wasn't as bad as the way their imaginations played it out doesn't preempt that. The clause is still there but the dates for the effectiveness of the clause has moved.

      So what happens when someone enters a deal like that after the date becomes effective? This is were the plan comes into play. MS makes it so that any tech support offering to companies include protection in a way that triggers the clause and now they aren't able to distribute GPLv3 software. They go to OEMs and say Every OEM version containing this deal costs this much while ones without it are double. Now OEMs are taking the deal and cannot distribute GPLv3 software. Anyone buying the OEM's computers with the deal are part of it and cannot distribute GPLv3 software.

      Do you see where this is going? You need windows and a recent version to develop anything that works on or with windows. We will either see cross platform development stop or seek to find another license because the GPLv3 would stop them from distributing the protected software if they purchased an MS product and became part of a deal outlined by the GPL. And when the deal incorporates everything, you are effected by everything carrying the GPLv3.

      And quite frankly, You view on this is typical of everyone else involved. You don't seem to be able to look past the present or the ideal way you see the future. I spelled it out pretty well before, but I will spell it out better now. The anti novell portion of the GPLv3 could be invoked by any future deal, and microsoft could force deals like that onto people who use their product and that clause would make them unable to participate in one of the freedoms the GPL supposedly works to protect. the fact that they decided not to punish novel doesn't detract for the reason the clause was placed into the GPL draft. Whenever you attempt to protect freedom by taking others rights and freedoms away, you will end up screwing yourself in the end. The part stopping the deals need to be reworded or removed.
    19. Re:Key event in the Microsoft-Linux war by sumdumass · · Score: 0

      I may be slow, but I don't get your first point. How does my clicking "I agree" to a Windows EULA equate to my becoming "a party to an arrangement with a third party ... under which [I] make payment ... based on the extent of [my] activity of conveying [a GPL-covered] work"?
      It doesn't yet. But think about if microsoft creates an agreement and places it in the license that would be covered by the clause and then offers it in the normally priced windows license. Then they offer a version without their agreement in it for three or four times as much as the regular license. If you don't purchase the more expensive versions, and opt for the cheaper version with the deal covering your use and distribution of a covered work, your hit. And when Buying OEM, the OEM becomes part of the deal by nature of how microsoft pushes support and compliance onto the OEMs.

      In other words, while the Microsoft EULA is certainly discriminatory for distribution of the Microsoft software, it has nothing to do with distribution of GPL-ed software, so I don't see why it could or should have any impact on distributors of GPL-ed software.
      It would have everything to do with GPLed software if the agreement says anything you distribute or if it says any GPLed or free software that you distribute. And BTW, in case your wondering, I am talking about something not yet invented. I could just be imagining things here. Microsoft might not do anything. The problem is that they can do it. It would seem likely they would do it, and it would cause more problems then any protection from the clause would solve.

      our second point, about OEMs, seems solid though. (That may, of course be an outcome precisely intended by those writing GPLv3.)
      If it was the intent, I wish they would say something. There are people out there supporting the idea of linux on the desktop and are attempting to encourage offerings from OEMs. It would be nice to let them know how their efforts are seen by the GPLv3 crowd.

      The problem as I see it, When OEMs are given a choice between selling a windows license with a new computer for $10 or whatever their current cost is compared to $100 or more for a version without a covenant not to sue that invokes the GPLv3 clause, the OEMs aren't going to arbitrarily raise their cost or lower their profit margin. It would be a matter of staying in business for some. And when people buy these licenses, they are excluded too.

      Seriously, How better to fight the FOSS community then to let them place restrictions on each other. I mean if I could give something away and look all good in front of any investigators and regulatory boards while letting the community itself fracture and take a good portion of people off the slate for future development or activity, Why not. This is what it is about. and the GPLv3 makes it possible.
    20. Re:Key event in the Microsoft-Linux war by Petrushka · · Score: 1

      It would have everything to do with GPLed software if the agreement says anything you distribute or if it says any GPLed or free software that you distribute. And BTW, in case your wondering, I am talking about something not yet invented. I could just be imagining things here. Microsoft might not do anything. The problem is that they can do it.

      Ah, I see, I understand now. I'd like to say that's overly paranoid, but ... I think we know better :-)

    21. Re:Key event in the Microsoft-Linux war by Brotherred · · Score: 1

      GPLv3 is a key event in Microsoft's war to divide and conquer the Free Software / Open Source community. Most of the Linux industry seems to be betting on GPLv3 to put an end to Microsoft's patent claims. My question is simply: is Microsoft sitting around scratching its head, or has it already started on the next level of play...? Are we going to see those 235 patents handed over to the community, or are we instead going to see "IP Bridges" as the next great Product to come out of Redmond?
      I can not imagine an IP bridge that MS would want under GPLv3. In fact before we talk about what they want to do about their claims, lets wait an see what the are going to do about their patents being spread out to the broader community and these SLES coupons not having any end date. As for what they are doing now. I am seeing reports about a Xandros and MS deal on eWeek.com but the link is dead so far. It seems either it is not a real event or eWeek is borked as normal.
      --
      Those that do not know, pay for it.
    22. Re:Key event in the Microsoft-Linux war by LunarCrisis · · Score: 1
      I still don't get it. In the case you gave with the possible clause in the windows license, how does this apply:

      under which you make payment to the third party based on the extent of your activity of conveying the work
      If I understand correctly it would only apply if you are paying Microsoft to convey the GPL'd program. I think it would be a stretch to associate this with differently priced versions of windows with and without the clause (though maybe I'm wrong).
      --
      Mr. Period: Nine is the one that's right by ten!
      Nine: One day I will kill him. Then, I will be Ten.
    23. Re:Key event in the Microsoft-Linux war by sumdumass · · Score: 1

      If I understand correctly it would only apply if you are paying Microsoft to convey the GPL'd program. I think it would be a stretch to associate this with differently priced versions of windows with and without the clause (though maybe I'm wrong).
      My understanding of the situation is it will kick in if you are paying anyone on the extent of protection from suit for IP they claim and when you are distributing FOSS covered by the GPL. The license agreement doesn't have to be specifically open source programs, it just has to cover your activities when distributing an open source program covered by the GPLv3. It is just that the GPLv3 clause kicks in when you attempt to distribute a GPLv3 program or piece of software.

      The essence is that you are paying Microsoft to distribute anything as long as you didn't place their IP in the software or knowingly distribute it with it in there. And when you made that payment and decide to distribute software that is a GPLv3 covered program at your discretion to distribute it, the clause kicks in and you can't do it because the MS agreement is payment for protection.

      I know it is confusing. Primarily because I'm not sure i am conveying the sentiment correctly. But the basis goes like this, MS protect you but not anyone else or limits it to who you specifically distribute to. It is a blanket statement that covers accidental distribution and you can purchase a regular license without this clause for more money.

      So now you have two of the necessarily elements, A deal and a payment. Now when you decide to distribute a GPLv3 covered program, You have made a deal where you make payment for your activity. The only difference is you decide the extent of your activity. And when you decide to distribute a GPLv3 covered program, the Microsoft license still protects you and you now have all the necessary elements to kick it in.

      Now this is completely consistent with the Novell situation as it unfolded. Novell never claimed anything about Microsoft's IP in linux and they even insisted they knew nothing about it. Microsoft issues a press release to the fact that they would agree to disagree, acknowledging the fact Novell didn't think anything was in violation. MS made the claim and the clause was placed into the GPLv3 license specifically to address the protections Microsoft gave Novell and Novell's customers but not anyone after that. They were afraid it would create a "safe distribution" by means of blanket exemptions to lawsuit only to your/their customers. This is the effect a license like that from Microsoft would have, You would have a "safe distribution" if you received your copy of the GPLv3 covered software from someone who purchased and agreed to the MS license. The trick is, MS makes it too easy to accidentally do this by including it into the default license and offering a secondary program at a greater expense that seems outrageous compared to the agreement license.
  2. Fingers crossed. by Anonymous Coward · · Score: 0

    Is the GPL going to play catch-up with all the [il]legal deals that the big bad companies make? I hope not.

  3. That's fishy by Anonymous Coward · · Score: 0

    Ok, so it's not worded specifically towards the MS-Novell deal, but the date is in there to exempt that deal because it can be turned against Microsoft if it is allowed. That's bad. The GPLv3 is going to be with us for decades. It doesn't feel right to have that one-off thinking in there.

  4. Can Someone Clarify? by Anonymous Coward · · Score: 1, Interesting

    'because the patent protection they arranged with Microsoft last November can be turned against Microsoft to the community's benefit,' This is true in many cases, but didn't the "protection" assurance Microsoft gave Novell explicitly deny protection for competing technology (ergo OpenOffice, OpenXchange, I would guess Thunderbird and Firefox too possibly?) Now while I understand that the Mozilla products are under the Mozilla license, doesn't that mean that both OpenXchange, OpenOffice are still in the "legal grey area"?

    I am not clear what they are talking about, being able to turn these protections around to the FOSS movement's advantage? Frankly, so long as OpenOffice is at risk, I would say there is still quite a bit of risk, since most end users are more concerned with being able to use office/e-mail then about network backends (such as Novell netware).

    Can anyone give some clarification?
    1. Re:Can Someone Clarify? by Anonymous Coward · · Score: 0

      Can anyone give some clarification?

      Sure, it's bit of a complicated legal argument but here goes: Part of the deal is Microsoft getting vouchers that can be traded for Novell SUSE packages. Distributing those vouchers are, in GPLv3-speak, an act of "conveyance". The GPLv3 contains an explicit patent license for the product conveyed. Therefore every GPLv3 package conveyed as part of SUSE through these vouchers will, in effect, carry an explicit patent license for that package from MS.

      Now, the GPLv3 doesn't exist yet and is thus not part of SUSE, yet. Microsoft therefore tried in recent to distribute the vouchers like crazy in order to get rid of them before the GPLv3 becomes part of SUSE. However, the vouchers do not have an expiration date and thus can be used after SUSE contains GPLv3 packages.

      You can read about it in more detail on Groklaw, for example, here

    2. Re:Can Someone Clarify? by Anonymous Coward · · Score: 0

      I'd like to know which F/OSS applications don't compete with Microsoft technology in one way or another. It might be said that all GPL licensed software competes with MS software on the basis of the licensing terms alone. If only non-competing technologies are indemnified, then perhaps MS has a stronger hand than F/OSS advocates (such as myself) would like to acknowledge.

    3. Re:Can Someone Clarify? by ClosedSource · · Score: 1

      As has been mentioned before, the legal argument over vouchers is mostly speculation. A court might very well rule that the expiration date is irrelevant and that MS is bound to the legal conditions at the time the deal was made, not the time that the vouchers were exercised.

  5. Bleh by El+Lobo · · Score: 3, Insightful

    More politics.. Who really need it? Really don't people have anything better to to? Like, ACTUALLY writtig software?

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
    1. Re:Bleh by Anonymous Coward · · Score: 0

      They probably would if politics (read patents) wasn't in the way. Who would write software that no one will be able to legally use? Who would write software and then have to pay a heavy fine on top?

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

      Yes, lawyers have other things to do, like hunting down programmers who violate one of Microsoft patents.

      Of course, we can ignore this and go back to coding. Until we're all put in jail that is.

    3. Re:Bleh by Aladrin · · Score: 3, Interesting

      Programmers hate politics like this. The recent emphasis on it is simply an attempt to make it go away. Sadly, that never works and instead only gets the participants mired in politics for the rest of their lives.

      I used to be extremely anti-GPL. Now I'm just slightly anti-GPL, and actually like the LGPL. In a politics-free world, BSD is pretty much the 'obvious' license for a FOSS project. It's just too bad that that'll never be the way the world works.

      RMS is far from being my hero, but his tactics and efforts are necessary to balance out a world that has been overrun with greed. There's no other way to explain taking someone else's work and using it for your own ends without even giving credit. (Greed isn't just about money, it's about having things, including fame.)

      And because I can't resist, I've reworded your post:

      More whinging.. Who really need it? Really don't people have anything better to to? Like, ACTUALLY doing something?

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    4. Re:Bleh by ArwynH · · Score: 4, Insightful

      Considering the people writing the GPL3 are mostly lawyers, no, they don't.

      And they can leave the Software writing to us Programmers, thank you.

    5. Re:Bleh by bentcd · · Score: 2, Insightful

      In a politics-free world, BSD is pretty much the 'obvious' license for a FOSS project.

      In a politics-free world, there wouldn't be any licenses because there would be no copyright law to make them enforcable.

      Which, of course, boils down to a BSD-like situation except it's unclear how much more secrecy this would lead to. I'm guessing not much.

      --
      sigs are hazardous to your health
    6. Re:Bleh by perturbed1 · · Score: 1

      I agree with you. I am a BSD-supporter and used to be anti-GPL since thought it was motivated by paranoi. But now, sadly I see that it is almost a necessary means to protect the FOSS environment. What I am wondering is how fast GPLv3 will be adopted by large players. Any ideas? Will Torvalds embrace it immediately? I hope so...

    7. Re:Bleh by kestasjk · · Score: 1

      Like BSD? They didn't about legal issues, just steamed ahead and coded.. They were stuck in legal limbo for years, and the FUD lingered for years after that.

      --
      // MD_Update(&m,buf,j);
    8. Re:Bleh by MarkWatson · · Score: 1

      Enjoying your job at Microsoft?

      Seriously, making Apache 2 and GPLv3 licensing compatible is a very good thing.

    9. Re:Bleh by kc2keo · · Score: 1

      here here! I hate politics!

    10. Re:Bleh by corpsmoderne · · Score: 1

      Without a little bit of that kind of politics, it will come a day you won't have the freedom to write software anymore...

    11. Re:Bleh by Rycross · · Score: 1

      Look, I agree that the GPLv3 is a good license to have, but not everyone who disagrees is a Microsoft shill. Grow up man.

    12. Re:Bleh by babbling · · Score: 1

      This is the license that protects our freedom. I do write some Free Software and I can tell you that I would not bother doing so if it wasn't for the GPL. I'm looking forward to putting all future versions of my software under GPLv3.

    13. Re:Bleh by avb85 · · Score: 1

      Why is the above users comment marked as being a troll? Stupid moderators.

    14. Re:Bleh by mrchaotica · · Score: 1

      I am a BSD-supporter and used to be anti-GPL since thought it was motivated by paranoia. But now, sadly I see that it is almost a necessary means to protect the FOSS environment.

      Indeed, it's not paranoia if they really are out to get you!

      --

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

    15. Re:Bleh by jojo+tdfb · · Score: 1

      That has to be the dumbest thing I've heard all day.

      --
      Linux is really boring from an os standpoint. Now Plan 9......
  6. "Politics" are a necessary evil by Anonymous Coward · · Score: 0

    People want guarantees that their software is not closed up by someone else; in other words, that it stays open and that all descendant software stays open too. For that people need a certain amount of regulation. Some people choose to call that politics, but regardless of its name, it's a necessity nonetheless. A bit like the way it's impossible to maintain a free society without some form of government. Everyone hates it, but nonetheless agrees we need it.

  7. How to scare away business by abigsmurf · · Score: 2, Insightful
    So, the draft removes the right to prosecute someone for cracking protected content? Businesses will love that extra complication for prosecuting hackers or disgruntled employees.

    The patent thing is going to backfire big time. It's going to scare away businesses who would either stand to lose huge amounts of money or because they're unsure about whether it would invalidate patents they already have (what if the software is designed specifically to perform a piece of CAM in a way that's patented? Would that patent become invalid because of this licence? Would patented business practices that use OSS be threatened? Why risk losing millions in licence fees when you could spend a few hundred thousand and fit your systems with software you know doesn't rob you these rights?

    For a licence that was supposed to be simple and easy to understand, section 11 makes for a hard read, even for geeks and I imagine lawyers will love the the potential vague nature of those terms. God knows what a layperson would think when reading it.

    1. Re:How to scare away business by the_enigma_1983 · · Score: 2, Interesting

      So, the draft removes the right to prosecute someone for cracking protected content? Businesses will love that extra complication for prosecuting hackers or disgruntled employees. The way I see it, they can no longer prosecute for simply cracking protected content. I see this as being akin to not being able to prosecute for jimmying open a lock. You can still be prosecuted for breaking and entering, for trespassing, for stealing. So these hackers, or disgruntled employees, can no longer be prosecuted for cracking protected content, but surely they can be prosecuted for the cyber equivalent of breaking and entering/trespassing/stealing? I'm no lawyer. Hell, I'm not even American so I have no idea how your legal system works, or what the exact laws are. This is just how I see the interpretation.
    2. Re:How to scare away business by abigsmurf · · Score: 1

      There are laws to prevent unauthorised access in most countries, however there's also a lot of things which rely on the fact that a file is encrypted for legal protection as the file has to be publically available for a system to work. Actually using this information (say if it's user/pass combinations or some privacy data on it's users) to do something would be illegal but if you've removed all the protections against the content through the GPLv3, I could see if being possible to post any info from cracked files on a website with it being a legal grey area.

    3. Re:How to scare away business by bentcd · · Score: 1

      what if the software is designed specifically to perform a piece of CAM in a way that's patented? Would that patent become invalid because of this licence?

      No. What would happen would be that the party in question could not legally use the GPLv3 as an excuse to use GPL software and so might be in breach of copyright. This is something they would have to dish out with whoever owns the copyright on the sofware in question (FSF or whoever). The most obvious approach for the infringer (if they're in love with their patents) would be to toss out the GPL software and write/purchase/obtain a replacement.

      --
      sigs are hazardous to your health
    4. Re:How to scare away business by FireFury03 · · Score: 4, Interesting

      what if the software is designed specifically to perform a piece of CAM in a way that's patented? Would that patent become invalid because of this licence?

      The licence doesn't render your patents invalid. It simply prevents you from suing anyone for patent infringement if the code that infringes your patent was published by you.

      This makes a lot of sense - why would you publish the source code for something if you didn't want people to be able to use it? If you are publishing the source code which does something you've patented and you don't protect people then there really is no point publishing the code in the first place since it is illegal for someone to use it.

      Why risk losing millions in licence fees when you could spend a few hundred thousand and fit your systems with software you know doesn't rob you these rights?

      Why publish source code which could give your competetors an advantage? Clearly publishing code works because you gain an advantage too. Whilest you are potentially helping your competetors, any improvements they make to the code will come back to benefit you.

      This is a very difficult balancing act - on the one hand it's very good for the customers since it forces all the vendors to continually improve their offerings. It's also very good for the vendors since they effectively get thousands of man-hours of work without directly paying for those developers. But on the other hand, it means that the vendor has to put a lot of resources into the project in order to continually improve it - they are never going to get into a situation where they have cornered the market and can lock everyone else out and relax like Microsoft has done over the past few years.

      So to answer your question - you can risk losing millions in licence fees because in return for that risk you might also get licenses from other people worth millions.

    5. Re:How to scare away business by Dan+Ost · · Score: 1

      Actually, if they were the owner of the patent, then by releasing GPL3'd code that implements it, they would be granting a patent license to use the patented method in the code or in derivations of the code.

      Please correct me if I'm wrong.

      --

      *sigh* back to work...
    6. Re:How to scare away business by bentcd · · Score: 1

      Actually, if they were the owner of the patent, then by releasing GPL3'd code that implements it, they would be granting a patent license to use the patented method in the code or in derivations of the code.

      I don't think this is the sort of gift that would be upheld by a court of law. They could say "we won't sue you over these patents" but if they later decided to change their minds, I don't think a judge is going to actually hold them to that promise unless some sort of consideration was involved on part of the receiver of the promise (this would then be a contract).

      Of course, this may tend to vary in different jurisdictions.

      I don't imagine that the promises given in GPLv3 hold much power unless your company is dependant upon using GPLv3 code from sources outside of your company (in which case you'll be in breach of copyright if you do not comply with the license terms and the promises it requires you to make).

      --
      sigs are hazardous to your health
    7. Re:How to scare away business by babbling · · Score: 1

      The patent thing is going to backfire big time.

      That's funny. I seem to recall Sun actually looking forward to GPLv3 and that clause specifically. If I recall correctly, they were holding off on releasing some software as Free Software until GPLv3 because they want the extra clauses.

      Considering Sun is the #1 contributor to Free Software as far as business contributions go, I'd have to say that you're incorrect about GPLv3 scaring businesses. That's Microsoft FUD or FUD from people who haven't ever liked the GPL in the first place.

      Most of GPLv3 is just making explicit things that were already implied in GPLv2, anyway.

    8. Re:How to scare away business by david_thornley · · Score: 2, Interesting

      It's a bit more complicated than that. If Amalgamated Widgets, Inc. releases a GPLv3 driver, they aren't actually binding themselves legally (except that all recipients of the driver have GPLv3 rights). They don't need a license to write software and release it. Therefore, they haven't actually promised anything in that release. They don't have to release the source code even (although that's going to alienate the free software community, if they care). If they use somebody else's GPLv3 code, modify it to their liking, and release it, then they're bound by GPLv3. They have received consideration, in the form of permission to use the code, and therefore the license restrictions are likely to be legally binding. (If they simply pass the code on, unmodified, they aren't giving up any possible patent rights, according to GPLv3. This means that distributors with patent portfolios don't have to check everything they distribute for their own patents, only everything they modify. The FSF is pragmatic about its idealism.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re:How to scare away business by Chris+Burke · · Score: 1

      This makes a lot of sense - why would you publish the source code for something if you didn't want people to be able to use it? If you are publishing the source code which does something you've patented and you don't protect people then there really is no point publishing the code in the first place since it is illegal for someone to use it.

      Meaning the only reason to do this would be to plant code you hold a patent on into free software, allow it to be distributed, then sue everyone who is using the software that you yourself gave them.

      This is somewhat akin to me putting my stereo in your living room, then calling the police and telling them you stole it. And that's what the clause is in particular trying to prevent.

      Though I have to wonder if this has ever actually happened, and if it did, could there be some sort of implicit license argument made? I'd imagine that even if that is possible it'd have to be shown that the company knew that the software they released implemented a patent they held. Otherwise they could say that they didn't realize the code was protected by a patent and now that they knew they wanted people to stop using it. But the clause in the GPL would prevent that too, and thus I'm for it.

      --

      The enemies of Democracy are
    10. Re:How to scare away business by tkinnun0 · · Score: 1

      If they simply pass the code on, unmodified, they aren't giving up any possible patent rights, according to GPLv3. This means that distributors with patent portfolios don't have to check everything they distribute for their own patents, only everything they modify. This then throws out the counter-FUD about Microsoft having to release its patents for giving vouchers for SUSE.
    11. Re:How to scare away business by Anonymous Coward · · Score: 0

      And IIRC, the last draft only prevents you from suing anyone for patent infringement for the use of the GLP'd code. Meaning:
      - If you have a closed-source program which happens to use the same patent as your GPL'd one, and somebody else uses the closed-source one, or even implements their own closed source variation without licensing, you can sue them, no matter how many copies of the GLP'd program they have.
      - If you use GLP3 software you don't automatically grant anyone use of any patents, except for the ones used in the GLP3 code that you distribute and only for that use. So, your company can use GLP3 Linux without harming their own intellectual property and keep patent protection just by not providing a GPL3 implementation.

    12. Re:How to scare away business by mrchaotica · · Score: 1

      I don't think a judge is going to actually hold them to that promise unless some sort of consideration was involved on part of the receiver of the promise (this would then be a contract).

      "Consideration" is involved: the licensee has to abide by the GPL too, by making the source available it he redistributes, licensing any patents of his own he implements in the code, etc.

      --

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

    13. Re:How to scare away business by mrchaotica · · Score: 1

      This is somewhat akin to me putting my stereo in your living room, then calling the police and telling them you stole it. And that's what the clause is in particular trying to prevent.

      Though I have to wonder if this has ever actually happened, and if it did, could there be some sort of implicit license argument made?

      Ah, but you're forgetting one thing: the GPL is designed to grant redistribution rights too (that's the part detractors call "viral").

      In other words, the better analogy is that you put your stereo in my living room, then I give it to somebody else, who gives it to yet a fourth person, and so on until it ends up in the hands of somebody you've never met who might be using it in a way you don't approve of. Then you call the police on them.

      It's easy to suppose an "implicit license" might protect me, but would it protect them? Moreover, would it protect them without requiring everybody in the chain to be involved in the litigation? What if some people involved in the chain don't even remember who they gave the stereo to? What if, even though I'm not liable for stealing it myself since you gave it to me, it turns out that I am liable for improperly passing it on?

      This is the scenario Microsoft is deliberately trying to create with their deal with Novell, and which the GPLv3 tries to prevent.

      --

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

    14. Re:How to scare away business by Chris+Burke · · Score: 1

      When the anology doesn't work due to the differences between unique tangible property and intangibles, you don't torture it into working. Anyway, the GPL inherently includes distribution right, so if it is possible to argue that releasing patent-encumbered code under the GPL constitutes an implicit license to use the patent, it doesn't matter how many times the code is subsequently transfered. The argument I was making is that releasing patented code under the GPL is an implicit grant to anyone who uses that code to use the patent. I'm not sure that holds legal muster or not, but the point is the redistribution doesn't change anything as it's inherent in the argument to begin with.

      The Novel deal really has nothing to do with that; it's a separate and explicit patent license. The legal argument I made stands or falls on its own. GPLv3 would prevent things like the Novel deal from being effective, but it does it by making the "implicit" grant that may or may not exist into an actual explicit grant to everyone receiving the software, and thus covers many more situations than just cases like Novel/MS.

      --

      The enemies of Democracy are
    15. Re:How to scare away business by FireFury03 · · Score: 1

      Meaning the only reason to do this would be to plant code you hold a patent on into free software, allow it to be distributed, then sue everyone who is using the software that you yourself gave them.

      Well, maybe you accidentally infringed your own patent.

      But the situation I can immediately think of is a company creates code which is covered by their patent and then releases it in good faith without any intention of ever enforcing their patent. A few years down the line, that company is sold off to evil people who realise they hold a patent that hundreds of thousands of people are infringing and think they can make a bit of cash out of it. (Sounding a bit similar to SCO yet? :)

    16. Re:How to scare away business by Just+Some+Guy · · Score: 1

      On the other hand, if a business wants to get rich by restricting freedoms on code, then why should they be entitled to do it on the backs of others that gave theirs away?

      It's OK to make money selling Free Software. However, I see no moral reason why someone deserves the right to make money by turning around and effectively making it non-Free. If your business plan counts on slave labor to make it work, then maybe it's time to re-evaluate it. I'm very pro-business, but don't think anyone's entitled to a free ride.

      --
      Dewey, what part of this looks like authorities should be involved?
    17. Re:How to scare away business by bentcd · · Score: 1

      "Consideration" is involved: the licensee has to abide by the GPL too, by making the source available it he redistributes, licensing any patents of his own he implements in the code, etc. For a licensee to abide by a license is not, I expect, "consideration" that is taken to be of benefit to the copyright holder. Rather, it is expected behaviour and even required by law. The licensee would have to offer something above and beyond that - and the copyright holder would have to accept such an offer - for this whole thing to transform into a contract.
      --
      sigs are hazardous to your health
  8. Yay freedom! by Rydia · · Score: 0, Flamebait

    It's good that RMS is now telling everyone what are morally acceptable uses of software. I thought the idea of freedom was the freedom to do whatever you wanted with the software, so long as you shared the work. Apparently freedom doesn't matter quite so much when you have a chance to take shots at "ideologically impure" groups and start a pissing war with Microsoft.

    This is all really, really sad.

    1. Re:Yay freedom! by pieterh · · Score: 5, Insightful

      What is really, really sad is when people deliberately (or ignorantly) confuse freedom to make life better with freedom to make it worse.

      Freedom of expression does not extend to harassment of minorities.

      Freedom of movement does not extend to other people's bathrooms.

      Freedom of software does not extend to patent ambushes.

      Microsoft is cynically exploiting fear of patent infringement to ambush the work done by millions. This is no "pissing war", it is a fight for survival, at least a fight for survival according to the old rules. If Microsoft were respecting the free software community, or even just ignoring it, that'd be fine. But what it's doing is saying, "nice business you have here, Guv, pity you've gone and installed that free stuff everywhere, cause it infringes on our [unspecified] patents, and it'd be a real shame to see a lawsuit happen here..."

      Linux is now mainstream, and Microsoft wants to own it. That is what is going on here.

    2. Re:Yay freedom! by Rydia · · Score: 0

      Freedom is freedom. You can't say "oh, well, this is good freedom, so it's all right. That's bad freedom, so we don't like that." If you want real freedom, you have to give freedom, not select uses that are "good freedom." If you want people to do something different, convince them not to. Or convince everyone else to ignore them or force their hand. Taking that freedom away is a horribly inept way to deal with it.

      On the other hand, everyone is convinced that an indemnity agreement is a hostile takeover. There doesn't appear to be any evidence of this, other than the fact that MS does not like linux. Not liking Linux does not mean they have legal tools to wreck Linux, especially as part of an agreement to cover future infringement.

      And that's really the catch- people don't want to admit that linux would ever, ever infringe on Microsoft's patents. Because of this ideology, they're angry and lash out, albeit with nearly no substance. Novell is worried about that possibility, so they've made an agreement to cover themselves just in case their fears are realized. I'm skeptical of the strategy. You and others seem to think it is some sort of trojan horse. Novell doesn't, however, and they can. Because that sort of freedom is important.

    3. Re:Yay freedom! by Egdiroh · · Score: 0, Flamebait

      Does it surprise you that freedom doesn't matter to RMS? Look at the whole thing with linux where he insists on calling it GNU linux, and won't interact with you unless you do to. The real thing that is sad is that so many good people have gotten sucked in and waste their time promoting the cult of RMS, when they could be working to for what he only pretends to represent.

    4. Re:Yay freedom! by squiggleslash · · Score: 4, Insightful

      Freedom is freedom.

      Except when it isn't. The problem with freedom is it's an inane word with very little meaning. Ultimately we look to it as an ideal rather than as a goal, because it's very difficult to give everyone absolute freedom when one person can use their's to oppress another, removing the freedom from that second group. Perhaps in a hundred years, when we all have virtual reality, we can have "absolute freedom" within that, with everyone free to do whatever they want to their own words without impacting on anyone else's, but until then others have the right to consider curtailing your freedom the moment your actions involve anyone else.

      And that's really the catch- people don't want to admit that linux would ever, ever infringe on Microsoft's patents.

      You probably haven't been reading much from those criticizing the use of patents within the community. The reality is that we know full well that it's very, very, likely Linux and other GNU components violate numerous Microsoft patents. We know that it's unfair, because those violations for the most part cover independently invented methods, or code implemented for the purpose of interoperability. Which is why we're (the Free Software community) looking for ways to neutralize deals like Novell's. It's not the notion that Microsoft has patents covering GNU/Linux that bothers us, it's the idea that Microsoft should be allowed to enforce them.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:Yay freedom! by bentcd · · Score: 4, Insightful

      Freedom is freedom. You can't say "oh, well, this is good freedom, so it's all right. That's bad freedom, so we don't like that."

      Unless the above is a call for anarchy, then that is exactly what you have to do. This happens to be why we have developed a system of ethics, so that we can judge "good" and "bad" behaviour in a sensible manner.

      I don't particularly want anyone to have the freedom to enslave me, so I will tend to campaign to remove the freedom to enslave people. Many people seem to think like me and so, in a largely democratic society, that's the way we tend to go.

      If you don't like it, get into politics :-)

      --
      sigs are hazardous to your health
    6. Re:Yay freedom! by ajs318 · · Score: 1

      See this: Freedom or Power.

      --
      Je fume. Tu fumes. Nous fûmes!
    7. Re:Yay freedom! by arose · · Score: 1

      How dare he make use of his freedom of association!

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    8. Re:Yay freedom! by Anonymous Coward · · Score: 0

      What you are trying to say is :

      my rights end when your rights begin.

    9. Re:Yay freedom! by qute · · Score: 1

      THANK YOU.

      Very well written. Couldn't agree more. I don't see why people think that just because you want freedom for people doesn't mean that those people are free to do ANYTHING. That's just crazy talk.
      So what _I_ consider freedom some people would not. And that's really the point. It isn't an absolute thing.

      Good thing about the patents. So what if evil companies doesn't want to use free software? Do we really need them? Look how far we have come without them.

      --
      -- Make software not war
    10. Re:Yay freedom! by Ohreally_factor · · Score: 1, Insightful

      Freedom is freedom.
      Except when it isn't. The problem with freedom is it's an inane word with very little meaning. Ultimately we look to it as an ideal rather than as a goal, because it's very difficult to give everyone absolute freedom when one person can use their's to oppress another, removing the freedom from that second group. Perhaps in a hundred years, when we all have virtual reality, we can have "absolute freedom" within that, with everyone free to do whatever they want to their own words without impacting on anyone else's, but until then others have the right to consider curtailing your freedom the moment your actions involve anyone else. How Orwellian of you. Freedom is an inane word with little meaning? You're almost there. A little further and you can argue that the word Freedom actually means its opposite, Slavery.

      Also, I love your 100 years in the future time frame for achieving some promised land of absolute freedom. I suppose until then, we can have the FSF be the dictatorship of the proletariat to safeguard the revolution.

      Freedom of expression is an inalienable right, meaning it is immoral to suppress it by force. To protect one groups right to free expression by limiting free expression is a contradiction.

      Freedom of movement is bound by common sense rules. Your freedom to flail your arms about ends where my body begins. Even more basically, your freedom of movement is bound by physics. Your body cannot occupy the same space as other solids. Thus, despite your inherent right to freedom of movement, you cannot walk thru walls. Now, just because your freedom of movement is limited by either common sense or the laws of physics doesn't mean you can turn around and say, "see? freedom is meaningless".

      Basically, I am very suspicious of anyone that wants to protect my freedom by limiting it. When you then justify the limitation by saying it doesn't really exist or is meaningless, I'm going to be downright scornful.
      --
      It's not offtopic, dumbass. It's orthogonal.
    11. Re:Yay freedom! by Egdiroh · · Score: 1

      Way to pull out the logical fallicy. What's next emacs is the best cause the Pope says so.

      And to save you the response, I am not challenging your freedom of speach, I'm just challenging the merit of what you spoke freely.

    12. Re:Yay freedom! by eldepeche · · Score: 1

      You're free to call it BonerOS if you want, but he doesn't have to come speak at your BonerOS User Group if he doesn't want to. He wants credit for developing most of the GNU operating system.

      He won't give interviews to people who use the term "intellectual property" because it has little meaning, and the meaning it seems to have is deceptive. Information is not property because your possession of information does not diminish my possession, and the categories of copyright, patents, trademarks, geographical indicators, and industrial designs have very little in common, except restricting the expression of certain pieces of information artificially.

    13. Re:Yay freedom! by FireFury03 · · Score: 1

      It's good that RMS is now telling everyone what are morally acceptable uses of software. I thought the idea of freedom was the freedom to do whatever you wanted with the software, so long as you shared the work.

      The author of a piece of software is not being forced into publishing under this licence - the FSF is simply producing a number of different licences and leaving it up to the author to choose one. Sounds like freedom to me.

      As the author of a piece of software, you might choose not to use GPL3 - that's your right.

      However, as the author of a piece of software, maybe you want to be secure in the knowledge that any 3rd party improvements you receive and integrate into your project are not going to result in the 3rd party suing the users of your software for patent infringement - in this case it would be appropriate for you to licence it using the GPL3. But it's your choice, if you are happy for people to freely submit improvements to your project without protecting you and your project's users then that's fine, just don't publish under GPL3.

    14. Re:Yay freedom! by honkycat · · Score: 2, Insightful

      Freedom is freedom. You can't say "oh, well, this is good freedom, so it's all right. That's bad freedom, so we don't like that." If you want real freedom, you have to give freedom, not select uses that are "good freedom." If you want people to do something different, convince them not to. Or convince everyone else to ignore them or force their hand. Taking that freedom away is a horribly inept way to deal with it. That's just silly. Do you really think folks want "freedom to steal" and "freedom to murder" just because they want real freedom? People who actually want complete, absolute freedom are rare, and that anarchistic view is so harmful to social order that it's just not a very good argument against the GPL. "Your right to swing your arm ends where my nose begins," and all that business...

      The FSF's view is that locking software away to prevent users from modifying it is a harmful, unethical practice. They, and everyone who uses the GPL, believe it is better not to help people who want to lock their code away. The idea is to encourage more people to contribute to the library of free software by enticing them with the right to reuse some GPL code. This goal is more important than preserving the ethically questionable "freedom" to use software in a way that's harmful.
    15. Re:Yay freedom! by Valtor · · Score: 1

      Linux is now mainstream, and Microsoft wants to own it. That is what is going on here. If you can't beat them... But they can't join or own OSS, so they must destroy it. Goog luck to them...
      --
      "Sockets are the standard networking API, also useful for stopping your eyes from falling onto your cheeks" zeromq.org
    16. Re:Yay freedom! by Anonymous Coward · · Score: 0

      What is really, really sad is when people deliberately (or ignorantly) confuse freedom to make life better with freedom to make it worse.

      Freedom of expression does not extend to harassment of minorities. Every restriction on freedom of expression is justified by someone deeming that particular form of expression to make life worse.
    17. Re:Yay freedom! by Anonymous Coward · · Score: 0
      Freedom of expression does not extend to harassment of minorities.

      In all likelihood, yes it does. You might as well say, "Freedom of expression does not extend to harassment of CEOs." After all, CEOs are a minority too. What matters is how that "harassment" is manifest. By your stupid quote, it is reasonable to assume that harassment is manifest via "expression" AKA speech. No, this is not US-centric POV you stupid piece of Eurotrash.

    18. Re:Yay freedom! by Simon · · Score: 1
      Unless the above is a call for anarchy, then that is exactly what you have to do.

      If you don't like it, get into politics :-)

      Or move to the anarchists' utopia of Somalia. There's plenty of freedom there for everyone.

      --
      Simon

    19. Re:Yay freedom! by Anonymous Coward · · Score: 0

      Freedom does not extend to finding a truly innovative patent that covers an invention that involved huge financial investment and ripping its guts out and throwing it into an open source project.

      Which is what RMS is inherently advocating by his moral framework.

      If one believes that all IP is immoral then one should throw away their keyboard and go back to drawing on a rock with a charcoal stick in order to remain consistent.

    20. Re:Yay freedom! by ciggieposeur · · Score: 1

      Basically, I am very suspicious of anyone that wants to protect my freedom by limiting it. When you then justify the limitation by saying it doesn't really exist or is meaningless, I'm going to be downright scornful.

      You already have the freedom to write your own code to accomplish a task. You already have the freedom to negotiate with other people to use their code to accomplish a task. Developers who use GPL (like you) grant you a new freedom to use our code, but only so long as you pass that same agreement to others.

      Now where in all this have I or any other GPL-using developers taken away your freedom?

    21. Re:Yay freedom! by ciggieposeur · · Score: 1

      Oops: s/Developers who use GPL (like you)/Developers who use GPL (like me)/g

      Need to preview first more often.

    22. Re:Yay freedom! by arose · · Score: 1

      Logical fallacy being? I'm not the one who was implying that freedom doesn't matter to RMS just because he chooses not to associate with people he disagrees with.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    23. Re:Yay freedom! by Egdiroh · · Score: 1

      You're free to call it BonerOS if you want, but he doesn't have to come speak at your BonerOS User Group if he doesn't want to. He wants credit for developing most of the GNU operating system. Wait the kernel was coded to the apps. I thought the apps were ported to support the kernel. And who did that porting, was it people hoping to use the kernel, or was it the GNU team trying to just be very thorough. And you hit the nail on the coffin RMS wants credit for all the work that has been donated to the gnu project. The devlopers should get the credit and their causes should get the credit. Did they do it for him, did they do it for the FSF, they did it for themselves. They enriched GNU to enrich Linux because they thought it was being freely offered.

      And again the point was that he is challenging the right for someone to name the composite they put together. I was using the fact that he uses the power of his notierity (much of it earned as the result of the work of others) to intimidate people to do as he wishes, to indicate that it was more then a passing fancy. Not that it's not something he couldn't do. But since it's a big issue, I will say this, if he wants to claim to be the leader of the movement then he has a responsibility to all in the movement, which means dealing with people working on GNU forks and who name things in ways that further his self promotion , and people who have different ideas from him. Or he can be like Bush and not read news papers and surround him with people who will just tell him what he wants to hear.

      He won't give interviews to people who use the term "intellectual property" because it has little meaning, and the meaning it seems to have is deceptive. Information is not property because your possession of information does not diminish my possession, and the categories of copyright, patents, trademarks, geographical indicators, and industrial designs have very little in common, except restricting the expression of certain pieces of information artificially. How do you restricting the expression of pieces of information naturally?

      The only thing wring with the term intelectual property is the term intelectual. there are many non-physical things that people have rights to. Because those rights are transferable they (the rights are property). The problems with them all stem from their common nature, they all involve the rights to re-produce something. And they should be talked about together take make sure that the appropriate rights are given to the appropriate thing. Patents, copyrights and Trade marks all have different durations, for different reasons. When everything was done in hardware no one claimed that the chips blueprints, and therefor the chip were copywriten, they pateneted the chips. Now in the age of general purpose computing, we right code to get a machine to do a specific taks instead of making hardware. And then we use copyright on the code. So we've switched from patents to copyrights, and because our designs are now code what does get patented is overly broad and problematic and has little to do with how it is implimented. So we deo need to talk about it as a whole because we need the laws for each to make sense and with technology we need the borders to be clear.
    24. Re:Yay freedom! by Egdiroh · · Score: 1

      wow, seem to paraphrase my argument while substantially changing it. By any chance are you a lobbyist for the tobacco industry.

      My argument was that he doesn't respect the right of others to do what they will with what he has supposedly freely given them. And that more then an expressed opinion he uses the power of his influence and his freedom of association to try to force others to act in accordance with that opinion.

      So the not dealing with people who disagree with an opinion was not part of why I thought that freedom didn't matter. The opinon in question is why, the not associating is how much.

    25. Re:Yay freedom! by mrchaotica · · Score: 1

      Freedom is freedom. You can't say "oh, well, this is good freedom, so it's all right. That's bad freedom, so we don't like that."

      "I have a Freedom to own and use a gun (the 2nd Amendment affirms it!). It's not my fault the bullet ended up in your brain. Laws against so-called 'murder' are bunk; all they do is call my freedom 'bad freedom' and try to restrict it!"

      Yeah, right.

      People's right to do what they want with GPL software ends when they try to restrict the freedom of others, in the same way that my freedom to shoot a gun ends at your head.

      --

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

    26. Re:Yay freedom! by beyondkaoru · · Score: 1

      i think what he's trying to refer to is things like how people say at one time 'i support freedom of speech', and then at another time say 'i think (such and such which consists of speech) is bad'. this particular thing annoys me, and i'd prefer people would delineate their meaning of 'free speech', because generally speaking people don't actually want free speech, meaning people being able to speak whenever and however they wanted to (including yelling in someone else's ear or something else that could be damaging).

      since almost everyone wants almost-free speech, they get along saying 'free speech', but i think people should better delineate what they mean by that. great-great-grandparent seems to dislike the idea of people insulting people based on race, for example, but if we asked someone like that whether he thinks free speech is a good thing, he'd say yes and it'd be unlikely he'd add a caveat to the response. by comparison, no-one seems to want people to have freedom to enslave :)

      my personal opinion: people should be allowed to communicate with others however they want if it's not immediately disruptive to people outside the conversation. i mean, _all_ communication, even that which i find insulting, if i can't hear it i oughtn't complain about it. however, people should not be able to talk to other people if the person being talked to does not want to be. so people would be able to make evilish remarks to friends, but talking to people that aren't expecting it (like, talking to random people on the street) would be covered more or less like it is now (where if a policeman/judge/legislator thinks you're being an ass, you get in trouble). this would mean, for example, we can publish anything we want on a website, because in order to be offended you'd have to actually visit it (an http get).

      --
      the privacy of one's mind is important.
      you do have something to hide.
    27. Re:Yay freedom! by arose · · Score: 1

      My argument was that he doesn't respect the right of others to do what they will with what he has supposedly freely given them. And that more then an expressed opinion he uses the power of his influence and his freedom of association to try to force others to act in accordance with that opinion.
      So because someone has influence his freedom of association becomes an act of force. Sure... Calling the system whatever you want might be considered a right, having RMS talk with you is most certainly not.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    28. Re:Yay freedom! by Ohreally_factor · · Score: 1

      Oh, please do not misunderstand me. I think GPL 2 is great. It represents a true paradigm shift, and I predict that it's going to infect capitalism and cause it to mutate in ways that are not clear. GPL has a very strong social anarchist tendency which I find very healthy.

      Sure, as great a document as GPL 2 is, it's not perfect and needs some reform. I just have problems with GPL 3, which I see as a move away from freedom and a move away from the social anarchy mode, towards a Marxist-Leninist control from above mode. Especially with the provisions that try to control hardware (admittedly improved in this last draft, but not to my satisfaction), I'm seeing a sacrifice of a basic fundamental F/OSS freedom in order to "protect" the project. Maybe you're cool with that, but I think the FSF could irretrievably damage the free software project by this method of "protecting" it. It's actually a regressive move back to proprietary principles, the difference being that the "collective", ruled by the FSF, is the proprietor.

      Anyway, I see the GPL 3 as a rewrite of the GPL 2 along the lines of "All animals are created equal, but some are more equal than others" being a rewrite of "All animals are created equal". Maybe I'm being unfair, but I've studied revolution, and this is exactly how a revolution gets hijacked. Also note that it is often one of the founding revolutionaries that does the hijacking (Cf. Lenin).

      --
      It's not offtopic, dumbass. It's orthogonal.
    29. Re:Yay freedom! by Anonymous Coward · · Score: 0

      I'm trying to parse this... It's not good, it's not bad, it's goog... Is that some kind of caveman luck thingy?

    30. Re:Yay freedom! by zsau · · Score: 1

      Um. Patent protection is meant specifically to cover independently invented methods and "interoperability", but at least some (non-software) patents have some value...

      The reason we don't like patents is because software patents are much to broad and generic and they repeatedly cover obvious methods, like the Eolas patent Microsoft infringes. Patents are meant to increase innovation, but if software patents had teeth, they would effectively decrease it.

      --
      Look out!
    31. Re:Yay freedom! by eldepeche · · Score: 1

      The Linux kernel doesn't really do anything without userland tools. The GNU project had already created all those tools and had no working kernel. If they had not existed, it would have been difficult to create a Linux-based operating system so quickly after the release of the kernel. I suppose they could have ported a BSD userland, but the point is they didn't. Most of the operating systems referred to as Linux have GNU packages as the majority of the system. He started the GNU project because there did not exist a free operating system. He wants the operating systems that use the GNU system with a linux kernel to be referred to in a way that credits the developers.

      He is not challenging their right to do anything, or else he probably would have sued Red Hat years ago. He doesn't have to do anything he doesn't want to do, and he doesn't want to endorse anyone who doesn't give credit to the work of his project.

      You don't restrict the expression of information naturally; that's the point. Copyrights and patents etc. are artificial rights, created by the government. Just because certain rights and privileges are transferable doesn't make them property.

      Patents and copyrights and trademarks should be talked about together because it is important to integrate the granted rights into a coherent whole. They should not be talked about together as "intellectual property" because they are different; they have different durations for different reasons.

    32. Re:Yay freedom! by Egdiroh · · Score: 0

      I didn't say it was a right.

      We live in a world where not everyone considers all the evidence to come to their own conclusions. Where not everyone speaks with an equal voice, or has their ideas considered equally. In this setting often the only way to increase your standing is to associate with or topple someone with a loud voice. So in this system association with RMS is a commodity. And he exerts that power that that commidty grants him to pursue his own agenda, and there is nothing that is wrong with that process. People who are in positions of influence SHOULD use that influence to pursue their own agenda. However when they do it demonstrates a conviction to that stated point of view.

      My point was not to say that the mechanism used was one that was inherantly anti-freedom. My initial comment was to point out an anti-freedom point of view that he espouses which I backed up with an example of how commited to it he was.

  9. "IP Bridges" by smittyoneeach · · Score: 2, Funny

    Which, like that of Stevens, cost a lot without exactly going anywhere useful, no doubt.

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  10. A wake up call by minus_273 · · Score: 0, Troll

    the GPL3 fiasco should serve as a wake up call to companies which are trying to shift to GPL software either for development or use. The fact is you can't make a business model based around the current GPL version because once you switch to GPL software you become the bitch of the FSF. What is to say the FSF will not add other restrictions on the software you use? It is entirely usage clause will be added that limits what you can do with GPL software. In addition when there is a licence change like this eveyone needs to get legal involvd again to make sure GPL software is still usable. The parts where GPL infects patent deals is really disturbing. As each day goes by it really does seem like MS might have a point about the GPL being a viral licence. In this case it has mutated to infect unrelated areas of business after entering the host.

    This has got me seriously looking at BSD instead of GPL stuff. At least BSD will not change on you like this. We will probably shift to Macs at work. I see the release of GPL3 as the beginning of the end.

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:A wake up call by giorgiofr · · Score: 0

      I see the release of GPL3 as the beginning of the end. Agreed 100%, been looking at BSD for a while now.
      --
      Global warming is a cube.
    2. Re:A wake up call by pieterh · · Score: 2, Insightful

      "Fiasco"?

      "Infecting patent deals"?

      Who's bitch are you, exactly?

    3. Re:A wake up call by Anonymous Coward · · Score: 0

      The fact is you can't make a business model based around the current GPL version because once you switch to GPL software you become the bitch of the FSF. Unlike when you base your business model around, say, Microsoft products. They've never changed the rules of the game midstream.
    4. Re:A wake up call by Anonymous Coward · · Score: 0

      BSD is so slow you'll keep looking forever.

    5. Re:A wake up call by Anonymous Coward · · Score: 2, Insightful

      GPLv3 to call a fiasco, it's neglecting what true fiasco really means - e.g. the US invasion in Iraq is a fiasco, it gets worse everyday, and the one responsible is a dumb ass.

      Now, GPLv3 is exactly the opposite, the first draft was reviewed, and heavily critized, and the critics was HEARD and actually CONSIDERED. This is HOW YOU AVOID a fiasco, are you listening?

      This process is what a consensus is made of, how a process would applied in other areas of social life like politics would be a true remedy. The fact GPL goes into v3 is that it is evolutionary, and alive.

      I use (Free)BSD a lot, and I like its license, but it has no potential to change, it's set, because it gives the most freedom. GPL limits the freedom by forcing you to act alike as you received the freedom, pass-it-on - nice too, and I find it even more nice to see such vivid interest in v3 of GPL, going into the details where freedom is limited and how and how to prevent within the license, this license lives from the update, from the learning, from the input of many.

      Wake up!

      PS: I'm AC because I hardly post on /. and I'm fine with AC

    6. Re:A wake up call by Anonymous Coward · · Score: 0

      GPL - A license with an EULA.

      An EULA with restrictions and limitations, what a joke! How's this any better than say MS?
      This is not what Free, Open Source is/was meant to be; Linux might still be considered 'open source', with the exception of some non-open stuff in Linux, because of NDA's signed by some stupid developers and no thanks, no help, from a useless leader/developer... Having an EULA and NDA'd code in Linux means it is NOT free and most certainly, not true open source! Now that's a scary thought!

      Until Linux is truly free (of NDA's, Restrictions, Limitations, etc.) and open source, we won't be using GPL'd code any time soon - there are much better alternatives out there, I agree!

    7. Re:A wake up call by FST777 · · Score: 1

      There are more than two choices you know...

      --
      Free beer is never free as in speech. Free speech is always free as in beer.
    8. Re:A wake up call by fbjon · · Score: 2, Interesting
      The difference in freedom between BSD and GPL:

      BSD is amphetamine, giving you instant gratification. GPL is vegetables, tiresome to eat, but provides benefit into the future.

      Eat your veggies.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    9. Re:A wake up call by bentcd · · Score: 5, Insightful

      What is to say the FSF will not add other restrictions on the software you use?

      They cannot retroactively add restrictions on their software. It is released under the license it is released under. On the other hand, the usual "GPL v2 or later" wording of the license allows you to adopt later changes should you wish to.

      In this case it has mutated to infect unrelated areas of business after entering the host.

      No one who is currently using GPLv2 software will see this mutation that you speak of - unless they choose to. People who start to use GPLv3 software will have it marked as GPLv3 when they introduce it so the mutation effect seems somewhat fictional.

      --
      sigs are hazardous to your health
    10. Re:A wake up call by VanessaE · · Score: 1

      If you had read the entire license, you'd have seen the part near the end where it says that you can simply state which version(s) of the GPL, past present or future, that you wish to use. I.e. something like "(C) 2007 Joe Q. Schmoe - Licensed under version 2 of the GNU General Public License" would be sufficient, under the GPL's terms, to avoid even touching GPLv3.

    11. Re:A wake up call by Peter+La+Casse · · Score: 2, Informative

      The difference in freedom between BSD and GPL:
      BSD is amphetamine, giving you instant gratification. GPL is vegetables, tiresome to eat, but provides benefit into the future.

      No, it's more like they're both cars with a replication bit that can be set to true or false. If the replication bit is true, then you can replicate an unlimited number of copies of the car and give or sell them to other people. With the GPL, all copies of the car must leave the replication bit set to true. With the BSD license, you can change the replication bit on copies of the car.

    12. Re:A wake up call by maxwell+demon · · Score: 1

      with the exception of some non-open stuff in Linux, because of NDA's signed by some stupid developers

      As far as I understand this, the NDAs are only for the documentation used to produce the code, not for the code itself (that would be a contradiction to the GPL). It's not a perfect situation, but the code is free anyway: You are allowed to look at it, change it and give it to others any way you please. What you don't have access to is the manuals of the hardware, but then, were those drivers not written at all, you'd not have those manuals anyway, and worse, you'd not even have working code from which you can (legally!) reverse-engineer how to interface to the hardware. Note that the hardware manuals are completely separate from the code, therefore the fact that the hardware manuals are not free (as unfortunate as this may be) doesn't mean that the software written using those manuals isn't free either.

      Maybe a good analogy is the following: There's some lock (the hardware), which can be opened with a key (used with a driver). The inner working of the lock is secret. However someone gets the permission to make a key for the lock (write a driver for the hardware), and moreover tell everyone how to make his own key (i.e. open source the driver), as long as he doesn't tell anyone how the lock works (the NDA). Now, anyone can open the lock (access the hardware), although no one but the maker really knows how it works (although they may guess from the nature of the key).
      --
      The Tao of math: The numbers you can count are not the real numbers.
    13. Re:A wake up call by Ian_Bailey · · Score: 1

      Hey, you know the part of the license that talks about versions? The part that goes:

      "If the Program specifies that a certain numbered version of the GNU General Public License or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation." (from the v3 draft)

      This means that if you release it under GPLv2, people only have to look at the v2 restrictions. If someone wants to fork the code, and it doesn't break some other law, you could create a code base under the v3 license, but you don't have to, and that's key. No one's forcing you to use v3. That's why Linus has been criticizing parts of the GPLv3, and saying Linux might not switch to it.

    14. Re:A wake up call by ajs318 · · Score: 3, Insightful

      Even simpler explanation:

      MS EULA => Sharing is stealing.
      BSD => Sharing is not stealing.
      GPL => Not sharing is stealing.

      The GPL protects freedom for users in the future by limiting certain actions which are deemed harmful to freedom now.

      In a society where the ownership of slaves is permitted, you might think a person has more freedom than in a society where owning slaves is not permitted. However, it's more likely in the former society, especially if slavery is practised actively and widely, that the average level of freedom will be lower, since a slave has considerably less freedom than a person who has only been banned from owning slaves.

      IMHO it is worth giving up the right to own slaves (or the right to make software non-free) in order to protect the rights of those who might otherwise be enslaved (or made to rely on non-free software). The BSD licence unfortunately does not preserve Freedoms One and Three, since it does not ensure continued access to Source Code. Note that a successful decompiler, if it existed, would enable the Taking by Force of Freedoms One and Three, as Freedoms Zero and Two can be taken by Force today.

      --
      Je fume. Tu fumes. Nous fûmes!
    15. Re:A wake up call by minus_273 · · Score: 1

      well, it seems the slashbot group think only sees GPL and MS. Lets ignore Macs and the BSDs. Even though i explicitly mention that as my other choice.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    16. Re:A wake up call by petrus4 · · Score: 1

      The fact is you can't make a business model based around the current GPL version because once you switch to GPL software you become the bitch of the FSF. What is to say the FSF will not add other restrictions on the software you use?

      Exactly. AMEN. Amen and amen, a thousand times amen. I have scarcely ever seen it stated more clearly.

      FSF cultists, take note. I am aware that a war is currently being waged for people's minds, with the stakes being whether or not each individual who uses open source will recognise the truth and rid themselves of the iron fist of Richard Stallman. Despite all of the derision and abuse you pile upon me and those others of us here who continue to attempt to show people that which you are determined to prevent them from seeing, every single time I see a post from someone like this, indicating that yet one more person has come to understand, it is all made worth it.

      Ego denuntio atqui sustento bellum defigo vos, Richard Stallman.

    17. Re:A wake up call by TheSunborn · · Score: 1

      You can just state that your software is a available under the "GPL version 3" and nothing FSF can do will then change the license.
      It is only if you add "GPL version 3 or later" that you have to trust FSF.

    18. Re:A wake up call by babbling · · Score: 1

      Actually, the GPL allows you to not share. What it forbids is "half-sharing", where you share an executable but not the source code. You're free to not share anything at all, if you wish.

    19. Re:A wake up call by Freed · · Score: 1

      FSF cultists, take note. I am aware that a war is currently being waged for people's minds, with the stakes being whether or not each individual who uses open source will recognise the truth and rid themselves of the iron fist of Richard Stallman.

      Nonfree software apologists, take note. I am aware that a war is currently being waged for people's code, with the stakes being whether or not each individual who writes free software will recognize the truth and rid themselves of that giant sucking sound of nonfree-software-luvin, patent-crazed parasites such as Microsoft, who want to "build bridges" to you so that they might better put your code into their nonfree ecosystem and take the exploitation profits to outdo anything you might have had in mind.

      They are serious, too, proclaiming that the GPLv3 will interfere with their special brand of bridges. However, since they know that their reputation in the free software world is even worse right now than anyone could have foreseen, they are counting on a revival of the anti-GPL troll ecosystem to do some of their dirty work. Of course, they have always bought some media for this purpose.

      These trolls seem to be like Renfields.
    20. Re:A wake up call by Freed · · Score: 1

      You can just state that your software is a available under the "GPL version 3" and nothing FSF can do will then change the license. It is only if you add "GPL version 3 or later" that you have to trust FSF.

      More precisely, you have to trust everyone, since anyone has the option of taking such software under "or later" and putting it under a future version.
  11. anti-copyleft by Anonymous Coward · · Score: 0

    There is non-copyleft, like BSD: it's free, you might make it non-free or copyleft or keep it like it is.

    There is copyleft: It's free and you may not make it non-free.

    And there is anti-copyleft: It is free but you are allowed to make it non-free (by imposing the condistions of the Affero GPL for example) but you may not restrict the possibility to make it non-free.

  12. War by Anonymous Coward · · Score: 0

    You keep using that word. I do not think it means what you think it means.

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

      Pronunciation: 'wor
      Function: noun
      Usage: often attributive
      Etymology: Middle English werre, from Anglo-French werre, guerre, of Germanic origin; akin to Old High German werra strife; akin to Old High German werran to confuse
      1 a (1) : a state of usually open and declared armed hostile conflict between states or nations (2) : a period of such armed conflict (3) : STATE OF WAR b : the art or science of warfare c (1) obsolete : weapons and equipment for war (2) archaic : soldiers armed and equipped for war
      2 a : a state of hostility, conflict, or antagonism b : a struggle or competition between opposing forces or for a particular end c : VARIANCE, ODDS 3

  13. Re:i m miss hanane by FST777 · · Score: 1

    I heard Microsoft is looking for someone to sort out their patent archive... 235 are missing, you see...

    --
    Free beer is never free as in speech. Free speech is always free as in beer.
  14. anti-DRM clause by sonamchauhan · · Score: 3, Informative

    I had a look. The controversial anti-DRM clause seems to be in part #3 of the license:

    No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

    When you convey a covered work, you waive any legal power to forbid circumvention of technical measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technical measures.


    The definition of "convey":
    To "convey" a work means any kind of propagation that enables other parties to make or receive copies, excluding sublicensing. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

    1. Re:anti-DRM clause by weicco · · Score: 1

      In Finland lower court decided that CSS protection used in DVDs isn't "effective technological measure" and even raised the question if there is any such thing. Doesn't this mean that you are allowed to distribute any DRM code under GPLv3 at least in Finland beacause... there's no effective DRM?

      I think this moves forward to higher court and maybe even to highest court (I don't know what they are called in english). If highest court decides that there is no effective measure to protect content, what happens to this clause then?

      --
      You don't know what you don't know.
  15. Re:FSF tries to be relevant by Anonymous Coward · · Score: 0

    The FSF should get stuff done and stop bitching... for example, where the fuck is HURD? Even Duke Nukem Forever is less vapourware than HURD. Every time FSF-haters start their rants, I always see someone drag out this tired old reference to the HURD kernel that was never completed. How is this relevant at all to the topic at hand? *Gasp* there were failed or abandoned projects under the FSF banner. I guess in the amazing world of perfect software in which you live, all projects are great successes.

    As for the FSF getting stuff done, I am happy to use corutils and all the other tools that have been written and maintaned by the FSF. If you are trying to make the argument that the FSF hasn't actually contributed any significant code to the community, you are going to have to try a little harder.
  16. getting to the end by martin-boundary · · Score: 2, Insightful
    It's good to read that the GPLv3 will finally be out the door in about three weeks time. It's been a long wait, but I think worth it. I'm looking forward to changing the license boilerplate on all my projects.

    One practical issue: it will be nice if somebody (Debian?) could write a script that makes it easy to scan source hierarchies for GPLv2 comments so they can be replaced consistently with GPLv3. The last time the FSF changed its address, it was a pain to check and change all the boilerplates.

    1. Re:getting to the end by Anonymous Coward · · Score: 0

      Great for you, but we actually don't care about your projects if you can't even make a String replace in your own code....

    2. Re:getting to the end by The+Mysterious+X · · Score: 1

      cat /path/to/file | sed s/old/new/ > /path/to/file

    3. Re:getting to the end by martin-boundary · · Score: 1
      Yes, I know that much. Besides the fact that what you've written won't work reliably (never overwrite a file through a pipeline, the results are unpredictable. The correct way is to redirect to a tempfile and rename the tempfile after you are sure that the source has been completely processed), it's bad for two other reasons.

      First, it ignores the type of the file. If your file is pure text, you'll be ok, but if it's source code, then doing a sed without being careful can alter the source (for example, in C the boilerplate is within a comment. What sort of comment? A // or a /* ... */ comment on several lines? Your sed might alter the comment boundaries, and that would destroy the source code compilability. But if it's lisp, then your comments start with a semicolon and the rules are different).

      Second, you're missing the point. What exactly is the string you're looking for to properly identify GPLv2 files? How do you check that the boilerplate hasn't been slightly modified to work better together with another license? Etc.

  17. Re:FSF tries to be relevant by Anonymous Coward · · Score: 0

    GPL v2 was a political manifest, while GPL v3 is a declaration of war. Of war against whom? Business? Not a chance, BSD and PD don't protect the businesses that contribute - they enable another business to come along and cherry pick the hard work of the original business and then add their own proprietary features, thus using the original company's own work to compete with it. No business worried about competition would choose to release under BSD or as Public Domain.

    The FSF should get stuff done and stop bitching... for example, where the fuck is HURD? Even Duke Nukem Forever is less vapourware than HURD. HURD isn't needed, linux has filled the void. But we still need a compilers, thus gcc continues to be developed, as do the rest of the gnu binutils and gdb.

  18. GPL's goal is freedom, not business friendlyness by mw13068 · · Score: 4, Informative

    The goal of the GPL, the GNU project, and the FSF has always been software freedom, first and foremost. If a business finds no value in making changes to the way they do things to reap the benefits that Free Software brings, then they are free to not use any GPL'ed software. It's as simple as that.

    That said, most of the big businesses currently interested in Free Software, including some which have HUGE patent stores, like IBM have actually participated in the drafting of the GPLv3.

  19. Re:FSF tries to be relevant by cerberusss · · Score: 1

    You're obviously trolling but I'll bite. The FSF is now more relevant than ever. Version 3 of the GPL is just trying to close loopholes. If you don't like it, don't use it.

    --
    8 of 13 people found this answer helpful. Did you?
  20. Re:FSF tries to be relevant by vadim_t · · Score: 1

    No.

    The BSD is nice and simple, but it's only of use if you're happy to basically work for free for some random corporation.

    Look at NetBSD for example. It's stagnated to the point of irrelevance, while Linux keeps getting more and more polished and more and more popular.

    If anything, the BSD will the one that will die, when people realize that corporations have no concept of playing nice or gratitude.

  21. Re:GPL's goal is freedom, not business friendlynes by abigsmurf · · Score: 0

    The trouble is, you need business to be on board. There's no way a group of separated individuals working in their own time would be able to produce a large project that rivals something produced by dedicated teams from Microsoft, Adobe or any other large corporation. At some point all the large major OSS applications have had the input and time from a big business to improve on them, particularly in the case of simple user interfaces which are all too often a stumbling block for OSS.

  22. Re:Don't like GPLv3? Run MSFT software. by The+Mysterious+X · · Score: 2, Insightful

    I choose neither. BSD anyone?

  23. Correct me if I'm wrong... by starseeker · · Score: 3, Insightful

    But don't the anti-patent provisions in GPLv3 only prevent war WITHIN the open source community? In effect, they will stop the Trojan Horse of patented open source code being used to extort money.

    What they DON'T stop is someone without ties to GPLv3 code taking patents and launching an attack. I always thought that IF such an attack would come (at least on a large scale), it would be far more likely to come from someone like Microsoft who would be untouched by any GPLv3 conditions. Small scale bullying might (and in some cases apparently has already) take place, but a large scale "destroy the free software ecosystem" attack I always thought was more likely from someone who had no financial incentive to see free software exist. After all, even patent trolls need someone to attack, and if they kill the free software world there will be nothing left for them to prey on except people who can afford lawyers to fight back. Admittedly they would survive, but I doubt they would be institutionally committed to the destruction of free software.

    I admit it might make a repeat of the SCO fiasco with patent claims instead of contract and copyright laws somewhat less likely, and that's beyond question a good thing, but it doesn't reduce the large scale threat in any important way I can see. It's still a patent version of the MAD directive that's holding things in check, and (like the real Cold War) if anyone starts shooting the whole works (commercial AND open source) could go down the drain (in the US at least, and I am regrettably certain at least a few large corporate interests and US lawmakers will do their best to make the consequences felt elsewhere, if only to avoid competition getting an edge by not having to fork over for lawyers to fight patent issues.

    What we REALLY need is software patent DISARMAMENT. Reform. What have you. I don't doubt ingenious folk in the commercial world will look for some other way to achieve the same end (as some insightful person said - "the only thing necessary for evil to triumph is for good men to do nothing") but at least this particular gambit will be over.

    The ideal case from our side would be to have protection for software that is given away at no cost (with source code) to the benefit of society. Of course the whole "limited monopoly to promote innovation that is publicly disclosed" bit would need to be debated, but at least we would be HAVING the debate. Software patents are just a manifestation of one view of how society should function. There are other views, and I would much prefer to see the debate take place on a societal level in a serious way than to drain the industry's resources fighting legal skirmishes. Life is too short for that, and there's too much code to write.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:Correct me if I'm wrong... by ubuwalker31 · · Score: 1

      I believe you are correct that this will not prevent non-parties or third party benificiaries to the GPL from suing for patent violations. However, I don't see the GPL restricting internecine patent warfare within the open-source community because I *can't* imagine an American judge enforcing this provision of the contract which restricts lawsuits: "You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example....you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it."

      American courts are loathe to restrict anyones right to go to court, simply for the reason that if you have a legal right, you should have a remedy under law or the principles of fairness. I am shocked and horrified that RMS took a page from the radical conservative republican legal theorists playbook with this clause in the GPL.

      (Edit: I could see a court enforcing this provision AGAINST large corporations, since they should know what they are getting into, and have huge legal departments, but not enforcing it against smaller corporations and naive individual coders who want to sue for violations of patent rights)

    2. Re:Correct me if I'm wrong... by Scarblac · · Score: 1

      Of course; a mere copyright license can't put any restrictions on what some completely unrelated third party does with its patents.

      That said, Microsoft purchased SuSE vouchers from Novell in the recent deal, and it has been selling them on (to Dell, for one), and they don't have an expiration date. According to Eben Moglen, if anybody with such a voucher turns it in for a copy of SuSE after part of the software in SuSE is covered by the GPL3 - then Microsoft will have distributed GPL3 software.

      --
      I believe posters are recognized by their sig. So I made one.
    3. Re:Correct me if I'm wrong... by Anonymous Coward · · Score: 0

      What they DON'T stop is someone without ties to GPLv3 code taking patents and launching an attack.
      Yes, you're right. However at least the GPL3 prevents Novell-deals where one part of the community tries to "have their cake and eat it too" by making a deal with a patent-holder (e.g. Microsoft) so that they are immune to the upcoming threats.

      Basically the GPLv3 forces the entire GPL community to stand united. This means that any patent threats will threaten everyone, from the "small players" to the "big players" (Red Hat, Novell, IBM, etc.). You can be sure that if the big players are threatened, they will respond with a legal force that even Microsoft cannot overcome.
    4. Re:Correct me if I'm wrong... by Anonymous Coward · · Score: 0

      If that's true (this is a truly curious question) what would you suggest as an effective legal means to prevent internecine patent warfare? We surely need something.

    5. Re:Correct me if I'm wrong... by babbling · · Score: 1

      Microsoft does distribute some GPLv2 software. I think it's "Unix Services for Windows", or something like that. In fact, they can keep doing that since it's GPLv2.

      What they can't do is distribute GPLv3 software and then expect to use their patents to attack other GPLv3 software developers or distributors. So they probably won't distribute GPLv3 software, but who knows... one day not distributing any GPLv3 software may be a difficult thing for a software company to resist doing.

      If every other business lowers their software development costs by going GPL, it would suck to be the last business that hasn't taken advantage of the benefits offered.

      In my opinion, Microsoft will eventually give up in this fight. It will certainly be years from now before they do, but I think once day it may make business sense for Microsoft to give up on the proprietary business model.

    6. Re:Correct me if I'm wrong... by Anonymous Coward · · Score: 0

      True, but it doesn't just stop internal wars, it also acts as a really big carrot.

      Picture saying to the CEOs, CTOs, etc.:

      "But if we choose this product, we automatically get a patent grant from IBM, Oracle, Novell, [...]. so we don't have to worry about their lawyers knocking on our doors."

      Yes, it is possible to get sued by third parties but:
      - That is also a problem with closed-source.
      - It is less likely than being sued by anyone at all.
      - If there are enough big names (which there are) the threat seems so much smaller it's not even funny.

      "Or we can choose this other program which only gets a 2 year patent grant from Microsoft, which they'll renew if we pay them [$$$$$] or more every year"

      But remember the biggest plus of the GPL for software providers is that it rovides a level playing field where they can cooperate with reduced backstabbing. This is a great step in that direction. Even if you get sued by a third party, you'll have the likes of IBM et al backing you because the lawsuit would affect them equally. Personally, I really like that.

    7. Re:Correct me if I'm wrong... by Teancum · · Score: 1

      GPLv2 already has an "anti-software patent" clause which effectively invalidates the GPL. GPLv3 expands on the simplistic terms of v2 and adds some extra meat to go after individuals who deliberately submit code that violates patents.

      In both versions of the GPL, a corporation or individual could certainly maintain a portfolio of "stealth patents" (like the infamous LZW patent that nearly killed off the GIF standard), and bring it out to kill off an open source software project once they have established themselves. Of course any time that has been tried, the claimant to patent violations usually get a virutal "black eye" in the court of public opinion, just as the deCSS algorithm received huge attention just because some idiot decided to press legal felony chargest against the original author. I could give several other good examples.

    8. Re:Correct me if I'm wrong... by mgiuca · · Score: 2, Insightful

      The idea is that Microsoft is within the open source community now that they are officially distributing SUSE Linux.

  24. Re:Don't like GPLv3? Run MSFT software. by bersl2 · · Score: 1

    Or they could, you know, use a BSD.

  25. Links to the draft, rationale, the Why-to, etc. by H4x0r+Jim+Duggan · · Score: 4, Informative

    Would it have killed them to link to the actual draft and documents? Here are the links:

  26. FSF tag lines by Egdiroh · · Score: 0, Flamebait

    Kids remember to look for the Free brand label. Free brand software it's the selfrighteousiest! There is no free but Free. Oh wait, that's right a lot of the open source GPL using world won't be going to GPLv3, because a lot of those projects don't require divestiture of copyright. And probably even some of the projects managed by FSF won't be able to go to it, because they maintain a lot of projects that were started by other people and don't neccesarily have copyright providence over all the code they inherited. Oops.

    1. Re:FSF tag lines by Salsaman · · Score: 1

      So perhaps you can enlighten us with your great wisdom...which GNU projects (apart from the Linux kernel) are licensed under the GPL 2 only (as opposed to GPL 2 or later) ?

    2. Re:FSF tag lines by babbling · · Score: 2, Informative

      Actually, whenever the FSF uses source code that they didn't write they request that the author signs copyright over to the FSF. I imagine they don't use the code unless this happens.

      They do this to ensure they have the right to do what you are claiming they can't do.

    3. Re:FSF tag lines by Egdiroh · · Score: 1

      That's true for all the projects that start in FSF and all the patches that they inherit. But, they have inherited a number of projects, and presumabley some of those projects were accepting patches from the world at large. Now when the main team handed over the project, and the copyrights they have, does the FSF go and hunt down all the patch contributors to get the copyright. Or do they take it for granted that they were told that they were getting the copyright when that may not entirely be true.

    4. Re:FSF tag lines by Anonymous Coward · · Score: 0

      Actually, the general policy for such things is that copyright assignment is nice, but not required, simply because, well, the FSF doesn't have copyright on all of it.

  27. Novell by z0M6 · · Score: 1

    Turning the patent protection agreement into a benefit for the community is nice and all, but I was really hoping for a big "GTFO Novell". Oh well...

  28. Re:GPL's goal is freedom, not business friendlynes by mw13068 · · Score: 5, Informative

    business *is* on board. IBM, Nokia, Sun, and many others participated in the drafting of the GPLv3. They probably don't care much about the whole "freedom" aspect, but they find that Free Software is great for their bottom line.

    My point is that the authors of the license care more about end-user freedom than about whether XYZ inc. will like the license or not. And that is as it should be.

  29. BSD isn't using any GNU tools? by mw13068 · · Score: 1

    BSD isn't using any GNU tools these days?

  30. Re:FSF tries to be relevant by Anonymous Coward · · Score: 0

    The BSD is nice and simple, but it's only of use if you're happy to basically work for free for some random corporation.


    If you mind working for free, why are you writing free software in the first place? The BSD license doesn't just help one corporation - it is just as easy for everyone to incorporate and thus increases competition. Increasing competition helps everyone. Monopolies are the real evil and if it weren't for BSD licensed code there wouldn't be any competition to Microsoft at all - and Microsoft's own code probably still wouldn't work.
  31. That pessimism isn't justified by H4x0r+Jim+Duggan · · Score: 3, Insightful

    I don't see the justification for that sort of pessimism. Of course they'll fight back as we continue to eat their lunch. That doesn't mean we haven't eaten anything or that we should stop eating now.

    1. Re:That pessimism isn't justified by smilindog2000 · · Score: 1

      We're not really eating M$'s lunch. Linux is a distant 3rd in the market place, by installed seats, and of course even further by revenue. I think the real battle will be for the post-PC devices, where applications have yet to be written. Linux makes a great starting point for such devices, and being essentially free makes it price competitive in a market that can only support a few bucks per device for software.

      But, yes, I agree we should keep up the efforts to support FOSS from M$ attacks. It's bad enough having to pay the M$ tax on every Linux box I buy. Their efforts to keep us from sharing software we create is intolerable.

      --
      Beer is proof that God loves us, and wants us to be happy.
  32. Maybe a bit too optimistic by H4x0r+Jim+Duggan · · Score: 3, Informative

    That can work sometimes, but not always.

    If we have an application with round buttons and they turn out to be patented, we just make ours square. That's ok because having round buttons is not the purpose of the application. But if we have an application whose purpose is to read and edit MS Word documents, and a patent says we are not allowed to do that, then that application is kaput.

    Here are some good explanations of how the patent problem plays out and what we can and can't do about it: http://fsfe.org/transcripts#patents.

    1. Re:Maybe a bit too optimistic by mrcaseyj · · Score: 1
      >if we have an application whose purpose is to read and edit MS Word documents, and a patent says we are not allowed to do that, then that application is kaput.


      Good point. Maybe it would turn out good for us though. I've often wanted to tell people like professors that it's only fair to put documents in formats like ODF that everyone can view without having to buy expensive software. But since OpenOffice and others read Microsoft Word format, that argument is weak. If OpenOffice couldn't read Word format, it would add extra support to the push for governments to switch to ODF.

  33. Not sure I buy the Novell comment by jimicus · · Score: 4, Interesting
    From the summary:

    The draft also does not prohibit Novell from distributing software under GPLv3 'because the patent protection they arranged with Microsoft last November can be turned against Microsoft to the community's benefit,' FSF executive director Peter Brown said." Quite correct. But that doesn't quite work if the deal with Microsoft says "this agreement is exclusive". In that case, the only way Novell can abide by that is to distribute nothing under GPLv3, and very possibly nothing under "GPLv2 or later".

    I can't see any other reading of this. Which raises the question: what were Novell smoking when they signed the deal? If Microsoft predicted this kind of clause in GPLv3 (which you can be fairly sure they did), they essentially tricked Novell into signing a contract saying "We're going to stop distributing the very software which is core to our business" and Novell went on record saying how great this contract is.

    I have a lot of trouble believing that. In which case, exactly what patent protection does this contract provide?
    1. Re:Not sure I buy the Novell comment by rs232 · · Score: 1

      "In which case, exactly what patent protection does this contract provide?"

      Both agree not to sue each others customers in exchange for which Novell lends credence to Microsoft claims that Linux violates its patents. The protection only extends to end-users that Novell gets direct revenue from. So a company reselling Novell solutions would not be covered nor would its customers.

      The covenant only applies to developers who do not receive revenue from SuSE and, at the suggestion of Microsoft, can be extended to developers of 'original work' for openSuSE, provided the original work is exclusively folded back into Novell SuSE, they receive no revenue from it and do not work on it in their employers time. They must also concede that MS patent claims apply to their own code. The actual wording is curious 'original work', which could mean the 'protection' also extends to properties and methods.

      "Covenanting Party .. hereby covenants not to sue .. Customers for infringement under .. Patents.. .. for which the other Party has received Revenue"

      Re:Not sure I buy the Novell comment

      --
      davecb5620@gmail.com
    2. Re:Not sure I buy the Novell comment by jimicus · · Score: 1

      My point was that GPLv3 extends that agreement to everyone, regardless of the original agreements wording. If your agreements wording clashes with GPLv3, then you can't distribute.

      However, another poster has pointed out that the clause says "any agreement made after a certain date", so it gives Novell a chance to redeem themselves while effectively preventing Microsoft from making any further, similar deals.

  34. It will do its job by H4x0r+Jim+Duggan · · Score: 1

    Only when doing so it necessary in order for the GPL to do it's job.

  35. Re:Don't like GPLv3? Run MSFT software. by Ohreally_factor · · Score: 1

    No, you're wrong. We're free to use and create proprietary software and GPL 2, BSD, etc., etc. We're even free to create our own open source software licenses if we want. You're the one with the all or nothing mentality that borders on following a cult.

    Open Source represents both a social revolution and a mutation of capitalism. It's not going to be a vehicle towards RMS's Socialist revolution (note the difference between social revolution and Socialist revolution). If anything, open source represents the anarchist form of socialist revolution; RMS seeks to impose control over that revolution. He wants centralized control over it. GPL 3 moves us towards a collectivized proprietary license, which brings to mind "in with the new boss, same as the old boss".

    So, go ahead and limit your choices and allow RMS to protect you by limiting those choices. There are plenty of other licenses for the rest of us. We'll be enjoying interoperability while you languish in your walled garden.

    --
    It's not offtopic, dumbass. It's orthogonal.
  36. Re:FSF tries to be relevant by fotbr · · Score: 2, Interesting

    This argument is funny. What it translates to is: "I want to write 'free' software, but I don't want anyone else to make money off my work" -- Or more directly, "I want to be greedy but not appear to be"

    The BSD license will be around for a long time, since there are plenty of people that code for fun, or to do something they needed done, and don't give a damn about being paid for it, regardless of what others do with their code. As for NetBSD - I'd venture to guess its stagnated for the same reason most large projects do: Bad or NO leadership, combined with other projects doing similar things (FreeBSD, OpenBSD).

    Likewise, the GPL will be around for a long time, as it fills the need for others who want some sort of control over their software.

    I guess I don't see why one license has to "win" over the other. Use what you like. Just don't bash other stuff.

  37. Re:FSF tries to be relevant by Ohreally_factor · · Score: 1

    Look at NetBSD for example. It's stagnated to the point of irrelevance, while Linux keeps getting more and more polished and more and more popular.

    If anything, the BSD will the one that will die . . . Where have I heard that before? Oh yeah. I've seen it before:

    It is official; Netcraft now 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 close 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 a 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 cockeyed miracle could save *BSD from its fate at this point in time. For all practical purposes, *BSD is dead.

    Fact: *BSD is dying
    --
    It's not offtopic, dumbass. It's orthogonal.
  38. Did all this go on with GPLv2? by PhysicsPhil · · Score: 3, Interesting

    I'm curious whether all this back-and-forth went on when the GPL v2 was written. Is there anyone here who remembers that process?

    1. Re:Did all this go on with GPLv2? by orra · · Score: 1

      Probably not. Not that I'm old enough to remember.

      I was reading some old "Gnu's bulletin" (or something similarly named) a bit back. It indicated the changes from GPLv1 to GPLv2 were fairly minor--so there wasn't much desire to have two-way collaboration--and reflected common usage. For instance, I think it was then they added the relaxation that you don't have to ship common system libraries (libc!) even when you ship GPLed binaries. People didn't anyway, apparently, and not forcing them to doesn't cause much harm. The other changes were fairly small too.

    2. Re:Did all this go on with GPLv2? by flotationIsGroovy · · Score: 1

      Not that I have any sources to cite, but I believe GPL v2 was written solely by RMS (possibly with help from Eben Moglen.) At that time, the free software "landscape" was nowhere near as complicated as it is now.

    3. Re:Did all this go on with GPLv2? by Teancum · · Score: 2, Interesting

      In addition to the other comments to this post, I would like to mention that "the internet community" or the "open source fans" was a much, much smaller community than currently exists now. And the mere idea that could make some significant money off of open source wasn't nearly so obvious back in the day. Certainly the huge push for DRM garbage and issues related to patents weren't as huge of a deal.... or at least when I mentioned that it was a huge problem Richard Stallman himself in a one-to-one discussion I had about 10 years ago didn't think software patents were going to be that big of a deal and marginalized the problem. His thinking on this issue certainly has changed from that conversation I had with him oh so many years ago.

      So quite a bit of this is due to the fact that the community of developers has grown up quite a bit in the years since GPLv2, and there are some very real problems with GPLv2 if you want to maintain the philosophy that software ought to be free... as in general freedom to make changes to software and "give it back" when you are done.

  39. Disagree by Peaker · · Score: 1

    It boils down to all software being BSD-like in its distribution restrictions (i.e: No restrictions). However the situation will be much closer to a GPL world one, because the incentive to create closed software that you cannot sell will approximate nil. Closed-source's single advantage over opensource - its ability to raise disproportionate funds for its development will disappear and opensource software will simply outachieve it.

    1. Re:Disagree by bentcd · · Score: 1

      It boils down to all software being BSD-like in its distribution restrictions (i.e: No restrictions). However the situation will be much closer to a GPL world one, because the incentive to create closed software that you cannot sell will approximate nil.

      The single most interesting distinction between GPL and BSD (imo) is that with GPL you cannot distribute a modified binary without also offering your modified source. With this in mind, a copyright-free world would be BSD-like in that someone could withhold their source. This would probably see some (possibly niche) use in people adding useful-but-not-obvious algorithms to common software and then milking these proprietary additions for the weeks, months or years it would take open source to catch up.

      Of course, I'm really splitting hairs here :-)

      --
      sigs are hazardous to your health
    2. Re:Disagree by tepples · · Score: 1

      The single most interesting distinction between GPL and BSD (imo) is that with GPL you cannot distribute a modified binary without also offering your modified source. With this in mind, a copyright-free world would be BSD-like in that someone could withhold their source. Unless some clever hackers disassemble your code, add comments detailing everything they know about the algorithms embodied in the disassembly, and post their work to Usenet, BitTorrent, eMule, and every other information sharing network.
    3. Re:Disagree by mrchaotica · · Score: 1

      With this in mind, a copyright-free world would be BSD-like in that someone could withhold their source.

      They could, but what good would it do them when they can't sell the software?

      This would probably see some (possibly niche) use in people adding useful-but-not-obvious algorithms to common software and then milking these proprietary additions for the weeks, months or years it would take open source to catch up.

      "Milk it" how? Without copyright, they'll only be able to sell the software exactly once. In that environment, they'd go out of business before being able to "milk" anything.

      --

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

    4. Re:Disagree by EsbenMoseHansen · · Score: 1

      "Milk it" how? Without copyright, they'll only be able to sell the software exactly once. In that environment, they'd go out of business before being able to "milk" anything.

      One way would be to offer the application as a web service. Less effective, but maybe-viable, are various anti-copying techniques, phone-home, dongle and so on.

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    5. Re:Disagree by bentcd · · Score: 1

      They could, but what good would it do them when they can't sell the software? I'm not sure why they couldn't. Would it be illegal?

      "Milk it" how? Without copyright, they'll only be able to sell the software exactly once. In that environment, they'd go out of business before being able to "milk" anything. This depends entirely on the nature of the software and the industry it's being sold in. If, for example, your industry is a very niche one and your customers are very strict about being able to place responsibility for software failures on someone then secrecy may be a very good tactic for milking that market. Your competition won't catch on to what you're doing (or how you're doing it) for a while (and they certainly don't want to be selling their customers copies of your software in the meantime) and your customers won't go out and get unpaid-for copies of your software because what you're actually effectively selling them is an insurance policy along the lines of "you can sue us if it doesn't work".
      --
      sigs are hazardous to your health
    6. Re:Disagree by mrchaotica · · Score: 1

      I'm not sure why they couldn't.

      Like I said, because nobody would buy it.

      If, for example, your industry is a very niche one... what you're actually effectively selling them is an insurance policy along the lines of "you can sue us if it doesn't work"

      Right, selling support would still be possible. But that's not the same as selling retail copies of software in a box, which is what I've been talking about the whole time.

      --

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

    7. Re:Disagree by bentcd · · Score: 1

      Right, selling support would still be possible. But that's not the same as selling retail copies of software in a box, which is what I've been talking about the whole time. It seems to me that the distinction is somewhat academic as the two will presumably be tied together, much as we already see most software be delivered today. More likely than not, therefore, you will sell your software in the form of software upgrades. The nice shiny box in the store is little more than advertising for this product. Whether you call it selling software or selling support comes down to the nuances in how you choose to define those terms.
      --
      sigs are hazardous to your health
    8. Re:Disagree by mrchaotica · · Score: 1

      the two will presumably be tied together, much as we already see most software be delivered today

      I hate to break it to you, but most retail software doesn't include (meaningful) support. When's the last time you heard of anybody being able to call up (for example) Microsoft and actually get help, as opposed to relying on the Internet, a techie friend, or the Geek Squad?

      --

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

    9. Re:Disagree by bentcd · · Score: 1

      I hate to break it to you, but most retail software doesn't include (meaningful) support. I wasn't referring to most retail software as much as I was referring to most software :-)

      I admit that my statement was coloured by my own experiences, which lately involves Ubuntu, OSX and various software packages that update automatically (Firefox, Eclipse, etc.). I also understand that Microsoft is doing this. Is Steam doing it? Those who are still stuck in the 20th century are likely to be driven into more dynamic software updates by this competition before long.

      When's the last time you heard of anybody being able to call up (for example) Microsoft and actually get help, as opposed to relying on the Internet, a techie friend, or the Geek Squad? I expect that the Internet will at the forefront of software support strategies for the foreseeable future, simply because it's a very efficient vehicle for delivering it. If Microsoft were to offer access to their knowledge base (e.g. MSDN) via web (which they may already be doing for all I know), then this is probably going to be more helpful to their customers than any number of offshored phone support teams are going to be.
      --
      sigs are hazardous to your health
  40. Re:GPL's goal is freedom, not business friendlynes by Dan+Ost · · Score: 1

    If I had point, I'd mod you up.

    It's important for people to realize that the GPL3 wasn't drafted in isolation. It was open and had a wide variety of participants, several with immense legal resources that helped guide the drafting.

    --

    *sigh* back to work...
  41. Re:FSF tries to be relevant by vadim_t · · Score: 1

    Absolutely not. I'm fine with them making money off it. I'm not fine with them taking it and not giving back. I absolutely hate the idea of that something I write might one day end up in a Tivo-like device, where nobody can improve it further.

    For instance, IBM benefits from contributions to the Linux kernel. This is fine, IBM returns the favor by then releasing their own code. If I write say, a driver, then IBM finds a bug and fixes it, they'll have to release the source if they plan to distribute. This is how I like it.

    On the other hand, I don't ever plan to contribute anything substantial to a BSD licensed project, unless I'm being paid for it. Did BSD ever see any improvements to the code used by MS? I bet they haven't.

    Incidentally, one of the reasons of NetBSD's stagnation was exactly that, the license. If you don't believe it, there was an article on slashdot about it. Wasabi Systems, one company that uses NetBSD, hired NetBSD developers. Of course since under the BSD they have no obligation to open anything, from then on that developer started working on Wasabi's proprietary branch, and NetBSD never saw any of it. That sort of thing happening for long enough can easily drain a project of good developers.

    Now look at Linux, does that happen there? Hell, no. There are plenty paid kernel developers, and their contributions still get into the main branch.

  42. Seriously, what is wrong with you people? by Anonymous Coward · · Score: 5, Insightful

    First off... The GPLv3 license's primary goal is to make it more compatable with other licenses.

    Second off... the FSF/GNU folks are usually pretty easy-going when it comes to relicensing software for other people to use, if they have a good reason to. There are a number of projects that have given out GPL'd code under a different license for compatability reasons.

    Ever try to get somebody from Apache project to relicense code for you? IT'S NOT GOING TO HAPPEN. They are much more hardcore, beuracratic, and nasty about this then the GNU folks.

    It's like your seeing the world inside-out or something.

    Your taking a person like RMS whose primary purpose in life, something he has devoted pretty much every minute of his waking life, is for the freedom of software users everywere. And you act like it's HIM that wants to control YOU.

    It's so much bullshit that it makes me want to puke, get your head out of your ass.

    Not everybody wants to devote their lives to making software that you can turn around and use to extract fees from the clueless masses. The GPL is about liberation, moving away from restrictive software licenses, not about making other people rich.

    1. Re:Seriously, what is wrong with you people? by Ohreally_factor · · Score: 1
      RMS once wrote:

      "The freedom to run the program, for any purpose. (freedom 0)"
      "The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this."
      "The freedom to redistribute copies so you can help your neighbor (freedom 2)."
      "The freedom to improve the program, and release your improvements to the public, so that the whole community benefits. (freedom 3). Access to the source code is a precondition for this." What the hell happened to freedom 0? It was supposed to be the most basic of the freedoms, the foundation for the rest. But RMS is shortsightedly sacrificing this basic freedom because . . . . why? Because he doesn't want people to make money off of F/OSS? That seems to be your point:

      The GPL is about liberation, moving away from restrictive software licenses, not about making other people rich. I think you're buying the propaganda to the point where you are so emotionally invested in your great crusade that you can't see the simple facts before your nose. You're unwilling to recognize the contradictions of your position. Which is why you answer my post with insults, telling me to get my head out of my ass. Such insults are the sign of a person blinded by his cause and unable to accept criticism.
      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:Seriously, what is wrong with you people? by fritsd · · Score: 1
      OK, I'll try a rational response :-) let's see how it works out (I'm really tired and just watched the BNN donor show on TV): "The freedom to run the program, for any purpose"

      IMHO what GPLv3 does is restrict that freedom in such a way, and with such a purpose, as to prevent any user of GPLv3 software (i.e. you) to restrict that same freedom further towards your down-stream users/developers.

      I'm not very good at logic, but I can't put it any clearer than that (whew). So yes, it sounds counter-intuitive and wrong, but I do believe it makes sense.

      An analogy would maybe be that in a society, no-one is allowed to use violence against another citizen, except for the police, but then in such a way, and with such a purpose, as to prevent any citizen to use violence against another citizen. You may not like the police but many people would say they have a definitive corrective function in a real-life society, as in that the netto result of a society *with* police is percieved as functioning much better than a society *without* police (depending on size of the society etc., see Jared Diamond's Guns Germs & Steel).

      Any true-blooded follower of prince Pjotr Alekseyevich Kropotkin will probably disagree non-violently here ;-) If so, please scan and OCR that mutual aid book and put it up on www.pgdp.net :-)

      Comments, please? Did I understand it correctly? (I'd really like to know)

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    3. Re:Seriously, what is wrong with you people? by Ohreally_factor · · Score: 1

      You explained it really well! However, it doesn't help me overcome my objection. The downstream user can still do whatever they want with the software, as its source will be made available to them. If I've tried to make my hardware tamperproof, they can always try to hack or crack whatever measures I may have put into place.

      The DMCA needs to be abolished, but using the GPL (I want to say, perverting the GPL, but that's pretty strong) to do an end run ultimately hurts freedom.

      I think you're right, though. Our differences on this matter are based on deep philosophical differences. I will disagree non-violently, and honor that you and I don't think alike. I've never actually read any of Prince Kropotkin's works. Thank you for the nudge to do so, and thank you for keeping the discussion friendly. You are to be credited with keeping my blood pressure down! =)

      --
      It's not offtopic, dumbass. It's orthogonal.
  43. Oxymoron? by slapout · · Score: 1

    How can it be a "Final Draft"? Doesn't "Draft" imply that changes could still be made to it?

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Oxymoron? by Anonymous Coward · · Score: 0

      That is exactly what it means. It will be the "final" version *unless* some major goof is found.

    2. Re:Oxymoron? by Anonymous Coward · · Score: 0

      Well, how many Final Fantasies have we had?

    3. Re:Oxymoron? by shura57 · · Score: 1

      This means that there will be no more drafts. If changes are made, they will appear in the released license. Seems pretty clear to me.

  44. You are misunderstand. by pavon · · Score: 1

    The reason that Novell can distribute GPLv3 software in spite of their Microsoft deal is simple - the patent restriction in question does not apply to agreements made before 28 March 2007 (see the end of section 11). The reason that the FSF decided to write the clause in that manner is because they felt that Novell could possibly turn this deal around to do good if they chose to do so, and therefore are giving them a pass this time.

    1. Re:You are misunderstand. by mrcaseyj · · Score: 1
      I doubt that the lack of expiration date on the vouchers Microsoft distributed will make it subject to GPLv3. It's kind of like if you sign up for a free email account and part of the terms are that the terms may change without notice. If the changes are limited and reasonable, a court might hold you to the changes. But if they change the terms without notice to say that you must give them your house if you send one more free email, then the court almost certainly won't enforce that.

      Likewise if Microsoft left itself open to changes in the terms of the GPL then the changes probably can't radically alter the terms of the contract. If the changes to the contract can get Microsoft's patents, then why couldn't it be changed to take all of Microsoft's intellectual property, or even just ALL of Microsoft's property?

  45. The "johnny-come-lately" variant of troll? by Freed · · Score: 1

    OK, I have hated $X for years but I am unable to use reason against $X, so I act like some new thing about $X has pushed me over the edge, even though I was pushed long ago. I will then slip in $Y, which otherwise is passed over in favor of $X.

    The new thing about $X should serve as a wakeup call about...fire....brimstone...hell breaking loose...illuminati starting new world government...

    This has got me seriously looking at $Y instead of $X. (Like I had not already made up my mind about this years ago.)
    We will probably shift to blahblah which uses $Y. (As if blahblah has no other qualities which would explain it.)
    I see the new thing about $X as the beginning of the end. (Like I have not been proclaiming $X's demise for years.)

    I cannot help but wonder, is there a term for this kind of troll?

  46. EULA by Anonymous Coward · · Score: 0

    If businesses would be scared away by a license, then they'd also be scared of Windows' EULA.

  47. attack of the centralized anarchist Linux cult .. by rs232 · · Score: 1

    "open source represents the anarchist form of socialist revolution .. go ahead and limit your choices and allow RMS to protect you by limiting those choices"

    The GPL actually acts to prevent others from limiting my choice in what I do with the software. The only proviso being I must also pass on such freedoms to others.

    Your comments regarding anarchist reminds me of the writing of Dr. Nikolai Bezroukov. You aren't him by any chance .. :)

    key words:

    cult, social revolution, mutation, Socialist, anarchist, collectivized ..

    Re:Don't like GPLv3? Run MSFT software

    --
    davecb5620@gmail.com
  48. Re:FSF tries to be relevant by babbling · · Score: 1

    The people who don't like it are probably not software developers, or at least not software developers who are currently using the GPL.

    Most independent software developers who use the GPL are smart enough to have chosen it for a reason, usually because they agree with the philosophy behind it. Most of those developers, I imagine, will be switching to GPLv3 because the philosophy is the same. It's really just closing loopholes and adding protection from patent lawsuits. It's a great thing for independent Free Software developers.

  49. GPLv3 is about granting freedom to end-users. by DrYak · · Score: 1

    I thought the idea of freedom was the freedom to do whatever you wanted with the software, so long as you shared the work.

    Emphasis mine.

    That's was the basic idea has always been and will always be.
    The problem is, corporations are finding creative way to appear to be sharing that work, without actually giving the freedoms to do whatever you wanted to the next in line - the user. In fact, they don't effectively share the work.

    The initial GPL was written, because RMS always wanted that the End-user receives in turn the freedom to do whatever he wants. Back when GPLv1 was created, the main reason RMS saw was that company refuse to share the work by give the code, so GPLv1 makes mandatory to give the code too (or make it available), whenever you copy a GPL program.

    The problem is that corporation found way to remove the possibility to do whatever you want, while still providing a copy of the code. Thus not effectively sharing the work.

    The whole GPLv3 idea originated in finding way to plug those holes so that, no matter what the corporation will try, it will BE FORCED TO SHARE THE DAMN WORK !!!

    It's not pissing contest against Microsoft, it's pulgging holes in the current GPL.

    The main ideas :

    - The SIGNING KEYS restriction (TIVOisation) :
    TiVo says : "We do support open source and we follow GPL : you can find everything for download on our website. We do share the work".
    Facts : To use that work one needs signing keys to load the code back into the TiVo. But those keys are kept über-secret.
    Results : TiVo did share the work *in a way*, but found a way to actually remove the end users freedom to do whatever they want, thanks to signing keys.

    GPLv3 : asks that users have a way to obtain keys to actually do whatever they want with given software.

    - The PATENT mine field :
    Random corporation say : "We do support open source and we follow GPL : you can find everything for download on our website. We do share the work".
    Facts : The technology underneath is heavily patented. You can't do anything with the code, even if received it as per GPL, because otherwise you'll be violating enough patent to immediately find a horde of lawyers knocking at your door with Cease-And-Dessit letters.
    Results : Source is published but you still can't do anything with the code because patents restrict you freedom.

    CPLv3 : asks that no patent should stop the end users' freedom to do whatever they want - Either the code should be patent-free or license should be granted to GPL-compliant usage.

    - REMOTE access.
    Company says : "We aren't distributing copies of our software, people are running it remotely on our servers. We don't need to share the work"
    Fact : Users are running an application (remotely) but have all their freedoms to thinker with it stripped.
    This is especially more frequent with Web2.0, where websites are full almost desktop-grade AJAX applications, but are pulled from the server. But this can also be considered for applications that are ran over a remote interactive session like terminals (Telnet, SSH) or whatever similar.
    Result : Is you give it to users so they use it, you must give them the right to analyse / modify and/or make copies of it. But those company found a way to give only access without code.

    GPLv3 : Counts giving remote access to a program as a form of distribution.

    The GPLv3 is only about founding way to still grant the end-user freedom to thinker, whatever the corporation may do in attempt to stop that freedom transmission.
    It's not some ideological religious war against freedom-hating-microsoft or against other ideologically impure infidels.
    It's just that RMS has a special character which tends to ruin such work by speaking using extremists words.
    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:GPLv3 is about granting freedom to end-users. by chugadie · · Score: 1

      Although this is the most straight-forward, well thought-out explanation of the holes that GPLv3 is plugging, I now have a greater understanding of why GPLv3 will fail and take most of the FOSS community with it.

      GPL has shifted focus away from code distribution into code usage. It used to be that the use and output of any program was beyond the scope of the GPL and it only discussed redistribution of the code. This whole "remote access" thing will be the downfall. The world has shifted to Web programming. Web applications blur many lines, but stopping people from hosting services is just ridiculous.

      Let's say that a couple major Web apps take on the GPLv3. No one will be able to host Web mail with squirrelmail w/o providing a link to download all the source code. Gnu MailMan... must every message be stamped at the bottom with "E-mail proccessed by Gnu MailMan, for your copy of the source click here." Now imagine OScommerce or Zen-Cart. These people *want* other people to sell hosted services of the code. It is not the code that is special, nor any modifications made to it by any company. The private entity is not "distributing" their modifications, they are providing the hosting and bandwidth, which is key. If I want to take Mantis BT and modify it to support LDAP and hook it into a public Web site so customers can have access to their bug statuses, does this mean I have to offer all my LDAP modifications to my customers? They don't care. (*this is all assuming that these applications would be released under this new GPLv3).

      Almost no one cares what minor (or major) modifications I do to the source code because we're all on a level playing field. We all start with the same codebase. And we are all presented with the same challenge of hosting the app somewhere and providing benefit to the end-user through Internet access to the application in question.

      Now, I guess I could see where some people care. But I do think that some developers don't care, and in fact want companies to use their Web applications. Now we will have forks of projects, tons of forks. GPLv3 projects, and GPLv2 maintanance projects by the developers and companies that make use of the projects as they exist today. Being forced to maintain a custom development environment for every open source project you have used in the past (because you have made modifications to them) is going to turn every small business away from open source products. They do not want to become maintainers and release technicians of every change they make to open source software in order to get it to work under their hosting evironment (think changing php5 php4 code).

      No one will use GPLv3 Web apps. My prediction is that this will pave the way for asp.net Web apps to move in for a swift kill of every major PHP app that switches to gplv3 licensing.

    2. Re:GPLv3 is about granting freedom to end-users. by chugadie · · Score: 1

      I'm still highly dumbfounded by this whole remote access thing. I can't imagine anything worse for Web apps. I can't imagine a more restrictive license that takes away all of my freedoms for a Web app licensed under gplv3. Let me give an example.

      A client of mine wanted a shopping cart that could take an uploaded CVS and charge people by how ever many data lines were in the file. I took Zen-Cart and made some plugins for it to handle the file upload. But I couldn't override the price functionality. There was no proper plugin for changing that behavior. So I modified some of the function calls to check for prices and had them examine the size of the file. Done and done. I installed the site on the client's server and charged him for the services of code modification.

      Now, let's examine what would happen if Zen Cart were licensed under the GPLv3. I have made modifications to the system *and* I am now "redistributing" the code by allowing people on the Internet to see it. I must allow them to obtain my changes. I've effectively forked the project and now I must maintain my changes and supply them to the world. Should I absorb this non-trivial support cost to publicize my private work for a client to the rest of the world, or should I pass it on to the client? How about a line item fee for open source publicity? Anything over $50 and the client would have demanded that I just go with x-cart to start with.

      Well, too bad for me, you say? Let's now contrast this with a non-Web application. Assume that the client wanted me to update /usr/bin/yes and add a command line flag for specific functionality. I make the changes, compile the program, give the client the code and the program and charge them for my time. They do not have to give the source code to anyone else, either under the GPLv2 or v3.

      v3 singles out Web applications and provides extra restrictions that will harm the open source community by excluding small to mid-sized businesses, consulting firms, and freelance developers. There will be massive breaking of this license and most people will turn a blind eye to it, I already see it happening with GPLv2 a lot and I always tell my clients that *I* believe they are violating the terms of the agreement if they do X,Y, or Z with the modified product but they should check with a lawyer. Now I can see that violations will be so frequent and blatant that it will diminish the integrity of the spirit of the license and it will lose respect over the long haul. I just hope that make great Web apps and want to share them the way they have been don't blindly choose GPL v3 because they think it's just better. Well, actually I do hope that. Their active user base will probably plummet and maybe those people will all come to my projects :)

      I agree with the second hole that you mentioned, but I'm on the fence about the first one. I think that a company should have the option to create a complete product out of open source technology and encrypt the final binary files. They *are* releasing the source code, they are not hindering my ability to study, learn, profit from their changes, they are only hindering me from tinkering with their product *as*a*whole*. That clause seems like a jab from tivo purchasers who feel angry because they can't rip out their TV shows even though they know linux command line and should be able to just scp the files somewhere. People who did not buy a Tivo are only benefitting from the work that tivo has done and given back. Seems like sour grapes.

    3. Re:GPLv3 is about granting freedom to end-users. by EsbenMoseHansen · · Score: 1

      I'm still highly dumbfounded by this whole remote access thing. I can't imagine anything worse for Web apps. I can't imagine a more restrictive license that takes away all of my freedoms for a Web app licensed under gplv3. Let me give an example.

      I think you look at it a bit too bleakly. I am not a lawyer, and if I were I would not a a danish one, but this is what I understand would be the consequences.

      A client of mine wanted a shopping cart that could take an uploaded CVS and charge people by how ever many data lines were in the file. I took Zen-Cart and made some plugins for it to handle the file upload. But I couldn't override the price functionality. There was no proper plugin for changing that behavior. So I modified some of the function calls to check for prices and had them examine the size of the file. Done and done. I installed the site on the client's server and charged him for the services of code modification.
      Now, let's examine what would happen if Zen Cart were licensed under the GPLv3. I have made modifications to the system *and* I am now "redistributing" the code by allowing people on the Internet to see it. I must allow them to obtain my changes.

      So far so good. Of course, the smart thing might have been to make those changes acceptable for the upstream, and submit it to them, but let's stick to your story :)

      I've effectively forked the project and now I must maintain my changes and supply them to the world.

      Why must you maintain the changes? Just having the sourcecode available for download in whatever version you happen to use is enough. Since you have to have that sourcecode to build the site, there is no extra cost. Furthermore, if I recall correctly, this is only relevant if the code already contain the facility to provide the download link, so presumably even that part would be trivial to do. Pretty cheap software, eh?

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
  50. Need some help on a Wikipedia entry by Freed · · Score: 1

    >well, it seems the slashbot group think only sees GPL and MS. Lets ignore Macs and the BSDs. Even though i explicitly mention that as my other choice.

    A choice that you had already made years ago, an "inconvenient" that fact you conceal in order to dramatize your "GPL3 fiasco" fiction into some kind of revelation. I am considering updating the Wikipedia entry on trolling. Would you mind parting with any more techniques? Of course, whatever identities and examples that I might use, I will just make up, just like you did with your "surprise revelation".

    1. Re:Need some help on a Wikipedia entry by minus_273 · · Score: 1

      Thanks, well, I only use this alias to post. The method I use is the following:
      1. post in correct English
      2. start by posting the truth
      3. continue by injecting facts into the post where people were expecting something else
      4. conclude by presenting a choice that is something other than the black and white that is expected

      wait for replies when you get bites, continue with the discussion by
      1. defending your position
      2. using facts to back up what you say

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
  51. Re:FSF tries to be relevant by ciggieposeur · · Score: 1

    This argument is funny. What it translates to is: "I want to write 'free' software, but I don't want anyone else to make money off my work" -- Or more directly, "I want to be greedy but not appear to be"

    I see absolutely nothing wrong with "I want to write free software, but I'm also willing to license that code for reasonable compensation."

    That's certainly no more greedy than "I see free code out there that I'd like to use, but I don't want to pay for it."

    I guess I don't see why one license has to "win" over the other. Use what you like. Just don't bash other stuff.

    We agree completely. :)

  52. Re:GPL's goal is freedom, not business friendlynes by morganew · · Score: 1

    The best way to reply to this might be 'right on paper turns out wrong in practice'.

    It is best to think of the Committee and Community input as being advisory only, ultimately Stallman/the FSF makes all the decisions and cannot be overturned.

    You would think this would mean a tougher license, but what we got instead is one that focuses on punishing enemies and rewarding friends, not "car[ing] more about end-user freedom than about whether XYZ inc. will like the license or not."

    You can see that in some of the (careful) cut outs for companies like Cisco (note that section 6 only covers consumer items, not, say a Cisco enterprise router); IBM/Intel's embedded chip business (an exception is made for Linux burned to ROM where there is no opportunity to change); Google (the ineffectual Affero provision. In Eben's defense, he has spoken out about Google's failure to live up to the spirit of the GPL). Probably most significantly, the patent provisions have a cut out so that only "contributed code" is covered, not everything in a distribution. This is a big win for IBM - never forget that IBM is the single biggest patenter, NOT Microsoft!

    I fully support the right of the FSF to do this. It truly is their license. But the cut outs and oddly twisted language tells me that this license is about something other than _just_ Freedom.

    The developer community will have to make a choice to stick with v2 and move projects forward in that manner, or switch to v3 with its friends and enemies list.

    Reminiscent of "Animal Farm", one has to wonder how the rules will be changed on the barnyard door next time!

    --
    A sig?!? I don't think so.....
  53. Re:GPL's goal is freedom, not business friendlynes by mw13068 · · Score: 1

    You make good points... Perhaps "friends and enemies" is part of it. I still think the GPLv3 is moving in the "more free" rather than "less free" direction though. Dismantling the enemies methods of causing trouble will in the end make the Free Software movement more powerful, and although your Animal Farm analogy is accurate perhaps, I still trust the FSF, GNU, the SFLC and RMS more than any other big entity in the software arena.

    The moment the FSF does something that hurts the users of Free Software, I'll give 'em hell.

  54. "Final Draft" by DragonWriter · · Score: 1

    "Final Draft" is the language used outside of software for the rough equivalent of a "Release Candidate" in software, the "Final" is a statement of intent, not fact.

  55. Grab a pitchfork and a torch by MoronBob · · Score: 1

    I was also hoping for some punishment for Novell. However if this prevents any future corporate retardation from occurring then I'm ok with it. As much as I hate Novell for being the trader it is I would rather focus on the greater good and I feel that this is what is happening. Being an SA for a large company all I can do is use whatever sway I do have to move away from companies like Novell. In the end I would like to see Microsoft focus on writing better software to compete with OSS. I have watched them for 20 years and I don't think they will change until their grip is broken.

    --
    Telecommuting! What about socialization?
  56. Re:attack of the centralized anarchist Linux cult by Ohreally_factor · · Score: 2, Insightful

    The GPL actually acts to prevent others from limiting my choice in what I do with the software. The only proviso being I must also pass on such freedoms to others. GPL 2 certainly does this. It's more than a great license, it's a great document. GPL 3 does limit what you do with the software, regardless of your passing on the same freedom to others, by placing limits on the hardware you are allowed to use. This last draft of GPL 3 is much improved, but this remains a philosophical sticking point for me. GPL 2 does need an overhaul, but GPL 3 in its current form is (still) not it. Even Linus, who has welcomed the recent changes, is luke warm in his enthusiasm (which I'll grant is better than his condemnation and rejection of earlier drafts).

    I'm not Bezroukov, but thanks for that link. Interesting thoughts.
    --
    It's not offtopic, dumbass. It's orthogonal.
  57. Its not a Microsoft-Linux war.... by MoronBob · · Score: 2, Insightful

    It is a Microsoft-World war. In case you haven't noticed over the last 20 years or so MS has attacked anyone that they felt would take even .01% of what they consider to be revenue that belongs to them. They don't believe in competition of any kind. The GPL is the only challenge to the MS monopoly that has a snowballs chance in hell to make a dent in it. Over the years I may have met one or two Unix bigots that were trying to eliminate any MS software running in the company but I have met dozens of MS cult drones that reject anything that does not have the MS stamp of approval on it. Most of these drones have zero understanding of architecture and infrastructure and why MS is not always one size fits all. Freedom is divine. Its what is best for everyone. and yes I do have ADD. You couldn't tell from my posts?

    --
    Telecommuting! What about socialization?
    1. Re:Its not a Microsoft-Linux war.... by Brotherred · · Score: 1

      It is a Microsoft-World war. In case you haven't noticed over the last 20 years or so MS has attacked anyone that they felt would take even .01% of what they consider to be revenue that belongs to them. They don't believe in competition of any kind. The GPL is the only challenge to the MS monopoly that has a snowballs chance in hell to make a dent in it. Over the years I may have met one or two Unix bigots that were trying to eliminate any MS software running in the company but I have met dozens of MS cult drones that reject anything that does not have the MS stamp of approval on it. Most of these drones have zero understanding of architecture and infrastructure and why MS is not always one size fits all. Freedom is divine. Its what is best for everyone. and yes I do have ADD. You couldn't tell from my posts? Yep FOSS is the only thing that so far has put up a real fight. There is not a single proprietary company anywhere that can begin to be a threat.
      --
      Those that do not know, pay for it.
  58. I suspect that would not fly... by hummassa · · Score: 1

    A court might very well rule that the expiration date is irrelevant and that MS is bound to the legal conditions at the time the deal was made, not the time that the vouchers were exercised. A court might, but it most certainly should not, because the product being distributed (conveyed) at the time of the exercise of the voucher may not be available from the original authors under the old license, and it may be a very _different_ product from the one with the old license.
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:I suspect that would not fly... by ClosedSource · · Score: 1

      Gee, and I thought one of the big arguments in favor of the GPL was that the code would be available forever. How can it not be available at the time the vouchers are exercised if it's available forever?

    2. Re:I suspect that would not fly... by hummassa · · Score: 1

      You can find a copy of Linux 0.01 on the Net. But it may be harder to find than a copy of Linux 2.6.20.6.
      I bet some earlier versions of GNU or other free software software _may_ be lost by now. And, anyway, Linux 0.01 would not drive that SATA drive you have. The license for Linux 0.01 is (AFAIK) different than the license for Linux 2.6.20.6. Got it? If you wait, like, five years to exercise your voucher, it may be difficult to find GPLv2d-2007-vintage versions of the software you want to use -- and it may be that only the GPLv3-2012-vintage versions have the support for the hardware/features you want.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  59. Why defend Tivoization? by Freed · · Score: 1

    >GPL 3 does limit what you do with the software, regardless of your passing on the same freedom to others, by placing limits on the hardware you are allowed to use.

    I don't understand how the GPL3 limits the hardware you are allowed to use. OTOH, If you are distributing (or "conveying") the software via hardware, well then, that's a little different, isn't it?

    The distributor can inflict Tivoization upon you, passing on to you only part of Freedom 0 that he was granted via the GPL. I believe the latest draft allows this within organizations and businesses so that its members have reduced freedoms. So what are you asking for, that Freedom 0 be even less protected than it already is in the latest draft? This degrading Freedom 0 for the sake of Tivoization goes against the ideals that FSF began with. Why would any free software person support this?

    1. Re:Why defend Tivoization? by Ohreally_factor · · Score: 1

      I don't buy this whole "tivoization" argument for limiting hardware makers and sellers. If they are distributing the code, they must make the code available. That's GPL 2. Beyond that, the hardware maker should be able to do whatever they want with their hardware. You, as the user, can choose to buy their hardware or not. If you decide to buy, you can still try to hack whatever preventative measures the maker may have put in place.

      Now, you might then argue, what about the DMCA? The DMCA needs to be abolished, but using the GPL to do an end run around it is the wrong way to go about it, especially when you are damaging freedoms in order to do so.

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:Why defend Tivoization? by Freed · · Score: 1

      Your position entails a degradation of Freedom 0, then. It's that simple. It's ironic, because elsewhere you have asserted that the GPL3's provisions degrade Freedom 0 in some other way that escapes me. The only thing I see is that there is the GPL3 standing for the Four Freedoms on the one side, and on the other those who want to sacrifice it for, say, Tivo's sake. Sadly, the GPL3 has tried to pacify that corporate lobby by sacrificing protection for the freedoms.

      Correct me if I'm wrong.

    3. Re:Why defend Tivoization? by Ohreally_factor · · Score: 1

      I think we'll have to agree to disagree on this one. I appreciate the fact that you and I could discuss this calmly and rationally and with good will. Last time I got involved in the GPL 3 debate, I got harassed quite a bit, both here and in "extracurricular" settings. I dropped off of slashdot for a while it got so bad.

      Anyway, I've had my say, and I won't be able to convince you. I don't think you'll be able to convince me. Let's call it a day and not be enemies.

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Why defend Tivoization? by rs232 · · Score: 1

      "Last time I got involved in the GPL 3 debate, I got harassed quite a bit"

      I hope you don't think my comments are harassment but your comments are a distortion and an exact opposite of the case regarding the GPL, the so called restrictions and limits are designed to prevent others from imposing restrictions on what you can do with the software. See the other thread regarding TestDriven for a case in point.

      "GPL 3 does limit what you do with the software .. by placing limits on the hardware you are allowed to use"

      Yet again a gross distortion. Others in the preceding thread have pointed out that the hardware restrictions apply to prevent the Tivoization of GPL code. As the man said, why defend Tivoization?

      --
      davecb5620@gmail.com
    5. Re:Why defend Tivoization? by Ohreally_factor · · Score: 1

      And as I said, the software license is not the way to go about protecting against "Tivoization". It's probably the worst way, short of breaking into the Tivo factory and burning it down.

      My problem is that, in order to fight "the man" you are taking away from the individual, in contradiction to the "four freedoms". You're limiting what an individual can do with hardware in terms of creating and selling it, and I find this limitation both unnecessary and harmful. GPL 2 places a limitation on what the individual can do with software in terms of distribution. This limitation is necessary and not harmful. It enriches.

      (And no, I don't consider disagreement between us to be harassment. You're not attacking me or my computer, afaik.)

      --
      It's not offtopic, dumbass. It's orthogonal.
  60. NetBSD "stagnation" by notamisfit · · Score: 1

    NetBSD's "stagnation" was Charles Hannum trying to fuck the project over and engage in a massive sympathy ploy before he got shitcanned for doing stupid things to the CVS tree.

    --
    Jesus is coming -- look busy!
  61. Designing the license to hurt MS by codemachine · · Score: 1

    It seems somewhat problematic to put phrases in the license that the license creators admit are there to hurt MS. This is something they really shouldn't be saying publicly, as it could hurt them down the road legally.

    Of course, MS has never played fair, so maybe we shouldn't complain too much if the FSF doesn't play fair either.

  62. freedom _is_ business friendliness by bzipitidoo · · Score: 1

    Some businesses see it, and some don't. The ones that don't see it are monopolies, and try to convince people that this stuff is anti-business when it's actually only anti-monopoly.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  63. Still incompatible with the GFDL? by Paul+Fernhout · · Score: 1

    The compatibility matrix does not include the GFDL.
        http://gplv3.fsf.org/dd3-faq

    So is the GPLv3 still incompatible with the GNU Free Documentation License (GFDL)?
        http://en.wikipedia.org/wiki/GNU_Free_Documentatio n_License

    It makes using the text of, say, Wikipedia articles completely off-limits in a GPL'd program.

    Why the FSF would promote licenses incompatible with the GPL is beyond me. And totally unnecessary IMHO.

    Very shortsighted to promote artificial distinctions between code and data -- the kind of shortsightendess one would not expect from a Lisp hacker like RMS.

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  64. Re:attack of the centralized anarchist Linux cult by rs232 · · Score: 1

    "I'm not Bezroukov, but thanks for that link. Interesting thoughts"

    You shouldn't be surprised if you get a bit of a reaction when you call Open Source people an anarchist cult now should you :)

    --
    davecb5620@gmail.com
  65. About the whole remote access. by DrYak · · Score: 1

    The GPLv3 isn't written by a fulminating, roaring and foaming RMS that screams "Thou shall not put online a single line of PHP that you didn't make available".

    The GPLv3 went through several revision before reaching draft 4.

    The whole limitation of remote access is optional.
    As are all the additional added stuff making it mutually compatible with various license.

    Notice also how already almost any web stuff features a small almost unnoticeable plug "powered by x.y.z" be it a GPL PHP app or some proprietary app.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  66. The real Key event in the Microsoft-Linux war by ancientt · · Score: 1

    will be Microsoft Linux.

    Novell showed the way with SCO. Use Novell and you don't have to worry about SCO IP infringement lawsuits. When Novell announced that they would effectively protect any company who used Novell and was sued for it by SCO, they became very attractive to companies that wanted to use Linux but were afraid of Lawsuits. The funny thing is that Microsoft may hold patent threats, but it could easily use that to push it's own Linux distribution.

    Headline: Microsoft releases Linux version with software you cannot get from any other Linux distro. Why? Imagine the impact on the sales of RedHat if you could get the same thing (CentOS, Oracle) with Microsoft software and support on top of it. Certainly much of the FOSS community would freak out, but businesses wishing to support both MS and Linux systems would jump at the chance. For those businesses wishing to support Linux, it would give them a transition system that would never need to transition, keeping the lock-in that makes Office so popular. Businesses could hire developers who have experience programming for Apache and PHP to work along side people using .NET, VB and IIS. Instead of having to choose a candidate based on experience with the one system they have, they could hire whoever seems most qualified in any.

    Instantly MS could say that it is "fostering" cross-platform development and at the same time edge out the players who release OSS. There is nothing that says you cannot run closed source software on Linux, or even distribute the same, as long as you don't mix the source. If anybody could pull it off, Microsoft could and if they do, it will be a major blow to the other Linux vendors which in turn decreases their revenue, and essentially squeezes down the amount of contribution that RedHat and SUSE are able to afford.

    When? Well I'd expect the announcement shortly before the end of the current agreements with SUSE expire, so that MS can make a clean break, retain SUSE users and take a big bite out of RedHat revenue. RedHat would be in quite a pickle as any legal action they pursue against MS is already questionable and MS has the patents to make the lawsuit ugly.

    If someone at MS were really smart they were talking over beers with SCO people with this in mind all along, make the lawsuits scary and you will make money -wink- -wink- ... and thinking at the same time that if SCO gets hammered out of existence then take the assimilation approach.

    I don't know if I'd be able to resist running exchange on a Linux system, the temptation of the dark side is very strong.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  67. That is completely ridiculous by jotaeleemeese · · Score: 1

    MS can't make you distributor of other people's software just by them sying you are one.

    MS promises not to sue you would be completely independent of the rights granted to you by the GPLv3.

    MS is very powerful, but event ehm are not that powerful.

    --
    IANAL but write like a drunk one.
    1. Re:That is completely ridiculous by sumdumass · · Score: 1

      MS can't make you distributor of other people's software just by them sying you are one.
      You right, they cannot make you a distributor of someone else's program. What they can do is make you party to an arrangement that protects you and anyone you might give a program to from lawsuits by them but not anyone else if you distribute any software. Then if you ever do decide to distribute software, you cannot do it with the GPLv3. It expressly forbids you. Now the threat is when this is part of all windows licenses or the license for any Microsoft products. Now all the sudden millions of people are removed from the GPLv3 as far as distributing anything. Downloading it and giving it to a friend, Not with the GPLv3. A company picking something up and making a product out of it, Not with GPLv3 if they bought a Microsoft product and chose the cheaper version with the deal in it.

      When 90% of the desktops or whatever the number is gets replaced and have this deal now, how many people are going to be left to work with GPLed oss?

      MS promises not to sue you would be completely independent of the rights granted to you by the GPLv3.
      Not when the GPLv3 specifically addresses this issue. Go take a look at the patent clauses again. If you buy a product form me and I agree not to sue you for anything that you distribute that has my IP in it, the clause in the GPL kicks in and does the work for me.

      So you see, it isn't microsoft doing it. It is the GPLv3 that will do it. And this is how it will look when everyone complains. Microsoft helps people share and the viral GPLv3 fights it. And in this particular case, they will be right.

      MS is very powerful, but event ehm are not that powerful.
      No, they are powerful enough to make it happen. All they needed to do is see all the fus created over the novell deal and then make some wild accusations. Then the FSF worked to punish Novell for something it hasn't done or violated in the GPL and made the clause in question. Now after it is adopted, microsoft can be the good guy and force the clause to kick in for anyone buying their products. And when they keep the promise not to sue open enough, it will encompass anything covered by the GPLv3 just like the novell deal would have.
  68. Sorry buddy, but you are smoking strong stuff. by jotaeleemeese · · Score: 1

    You are failing miserably to explain how MS will kill GPL.

    I just read your rambling and it lack any coherence.

    If that is MS's plan then I frankly think we don;t have too much to worry about.

    --
    IANAL but write like a drunk one.
    1. Re:Sorry buddy, but you are smoking strong stuff. by sumdumass · · Score: 1

      Yep, and this is the problem with the OSS people supporting the GPLv3 provision. I will narrow it down a bit and be blunt. Microsoft can include in the license agreement conditions that will kick that clause in for anyone who buys a Microsoft product and uses it. If you think not damaging the GPL is an understatement, then think about what every person or company in the world who has agreed to a license from a Microsoft product being banned from distributing GPLv3 software by clauses sitting in the GPLv3 license itself.

      Just because you don't see it doesn't mean it cannot happen or that it will not happen. And quite frankly, if you don't understand something ask questions about it. It makes you look like a moron when you attempt to insult the messenger for your failings as a person. I would be more then happy to explain anything in more detail. That is unless your holier the though condescending approach to this gets in the way. It boils down to this, there is a clause that says if you are part of a deal you cannot use gplv3 software. Microsoft (or anyone distributing software) can make everyone who uses their products part of a deal that causes that to kick in.