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."
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?
My blog
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!!
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.
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
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.
My blog
"Fiasco"?
"Infecting patent deals"?
Who's bitch are you, exactly?
My blog
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.
/. and I'm fine with AC
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
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.
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.
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.
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.
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
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.
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.
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
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.
I choose neither. BSD anyone?
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
Would it have killed them to link to the actual draft and documents? Here are the links:
Please help publicise swpat.org - the software patents wiki
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.
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.
Please help publicise swpat.org - the software patents wiki
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.
Please help publicise swpat.org - the software patents wiki
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?
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.
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?
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.
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!
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.
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.
I'm not Bezroukov, but thanks for that link. Interesting thoughts.
It's not offtopic, dumbass. It's orthogonal.
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?