Slashdot Mirror


GPLv2 Vs. GPLv3

chessweb writes "Here is a rather enlightening article by Richard Stallman on the reasons for moving to GPLv3 that puts the previous TiVo post into the right context." From the article: "One major danger that GPLv3 will block is tivoization. Tivoization means computers (called 'appliances') contain GPL-covered software that you can't change, because the appliance shuts down if it detects modified software... The manufacturers of these computers take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv3 ensures you are free to remove the handcuffs. It doesn't forbid DRM, or any kind of feature. It places no limits on the substantive functionality you can add to a program, or remove from it. Rather, it makes sure that you are just as free to remove nasty features as the distributor of your copy was to add them."

567 comments

  1. The GPL: Intellectual Theft by Anonymous Coward · · Score: 2, Funny

    As a consultant for several large companies, I'd always done my work on
    Windows. Recently however, a top online investment firm asked us to do
    some work using Linux. The concept of having access to source code was
    very appealing to us, as we'd be able to modify the kernel to meet our
    exacting standards which we're unable to do with Microsoft's products.

    Although we met several technical challenges along the way
    (specifically, Linux's lack of Token Ring support and the fact that we
    were unable to defrag its ext2 file system), all in all the process
    went smoothly. Everyone was very pleased with Linux, and we were
    considering using it for a great deal of future internal projects.

    So you can imagine our suprise when we were informed by a lawyer that
    we would be required to publish our source code for others to use. It
    was brought to our attention that Linux is copyrighted under something
    called the GPL, or the Gnu Protective License. Part of this license
    states that any changes to the kernel are to be made freely available.
    Unfortunately for us, this meant that the great deal of time and money
    we spent "touching up" Linux to work for this investment firm would
    now be available at no cost to our competitors.

    Furthermore, after reviewing this GPL our lawyers advised us that any
    products compiled with GPL'ed tools - such as gcc - would also have to
    its source code released. This was simply unacceptable.

    Although we had planned for no one outside of this company to ever
    use, let alone see the source code, we were now put in a difficult
    position. We could either give away our hard work, or come up with
    another solution. Although it was tought to do, there really was no
    option: We had to rewrite the code, from scratch, for Windows 2000.

    I think the biggest thing keeping Linux from being truly competitive
    with Microsoft is this GPL. Its draconian requirements virtually
    guarentee that no business will ever be able to use it. After my
    experience with Linux, I won't be recommending it to any of my
    associates. I may reconsider if Linux switches its license to
    something a little more fair, such as Microsoft's "Shared Source".
    Until then its attempts to socialize the software market will insure
    it remains only a bit player.

    Thank you for your time.

    1. Re:The GPL: Intellectual Theft by nukem996 · · Score: 0, Flamebait

      First off you should have reviewed the license before you started working with it. Secondly while yes had to release any kernel modifications this can be easily gotten around similarly to the way NVIDIA and ATI does it by writting an open source wrapper which communicates with there binary blobs. Third you could have bought Intel's compiler which would have let you kept your source closed, also I'm not 100% sure that if you compile under gcc you have to keep it open Quake 4 and numerous other apps are compiled under gcc and are kept closed. Finally if you really wanted an open source OS that you could steal code from look at BSD. Now was it that your company couldn't release the code under the GPL. If you was an in house thing then you weren't making money on it. You paid nothing to use GNU/Linux in the first place so why couldn't you give something back in the form of the modifications you made? The price you pay to use GNU/Linux is if you modify it you have to give your modified code to everyone.

    2. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 2, Funny

      I preferred this troll with the "kernel-level programming in
      visual basic"

      Kids today ...

    3. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 4, Insightful

      So it is okay for you to use everyone else's hard work for free, but not for anyone else to use your hard work?

    4. Re:The GPL: Intellectual Theft by wellingtonsteve · · Score: 3, Insightful

      Furthermore, after reviewing this GPL our lawyers advised us that any products compiled with GPL'ed tools - such as gcc - would also have to its source code released. This was simply unacceptable.
      This is wrong - source code for programs compiled under gcc or smilar DOES NOT have to be released
    5. Re:The GPL: Intellectual Theft by stevied · · Score: 3, Informative

      RTFGPL Myths.

    6. Re:The GPL: Intellectual Theft by wellingtonsteve · · Score: 5, Informative

      Support for my statement above: GPL on Qikipedia From the link:
      Non-GPL'd and non-free software can be developed with GPL'd tools The program must be GPL only if it includes GPL source code or it is linked with a GPL library. For example, using gcc to compile proprietary software is allowed.

    7. Re:The GPL: Intellectual Theft by simong · · Score: 3, Insightful

      I smell screed here. If you couldn't modify the Windows kernel to meet your 'exacting standards' what did you do? How were you aware of Linux if you weren't aware of the culture and philosophy surrounding free and open source software? What changes did you make to the kernel that were so important that you couldn't release them? And why, in the name of God, are you still using Token Ring? What's to bet that if I put a sentence of this into Google, that I would find it word for word somewhere else?

    8. Re:The GPL: Intellectual Theft by snaggen · · Score: 1


      Although we met several technical challenges along the way
      (specifically, Linux's lack of Token Ring support and the fact that we
      were unable to defrag its ext2 file system), all in all the process
      went smoothly. Everyone was very pleased with Linux, and we were
      considering using it for a great deal of future internal projects.

      So you can imagine our suprise when we were informed by a lawyer that
      we would be required to publish our source code for others to use. It
      was brought to our attention that Linux is copyrighted under something
      called the GPL, or the Gnu Protective License. Part of this license
      states that any changes to the kernel are to be made freely available.
      Unfortunately for us, this meant that the great deal of time and money
      we spent "touching up" Linux to work for this investment firm would
      now be available at no cost to our competitors.

      So you wanted to use free code but keep you changes secret... The deal is that you may use the code and change it, but if you distribute it you must provide you changes too... That is how free software works... it remains free.

      Furthermore, after reviewing this GPL our lawyers advised us that any
      products compiled with GPL'ed tools - such as gcc - would also have to
      its source code released. This was simply unacceptable.

      I suggest you get a new lawyer, since the one you got isn't that competent. You are free to use gcc to compile software and just distribute the binary as with any other compiler.

    9. Re:The GPL: Intellectual Theft by Pofy · · Score: 4, Informative

      Wouldn't it have been better to simply post a link to were you copied this forum post from?

      http://news.com.com/5208-1030_3-0.html?forumID=1&t hreadID=2246&messageID=11919&start=-1

      Of course, it would not make it any more correct than it was back then.

    10. Re:The GPL: Intellectual Theft by apathy+maybe · · Score: 2, Informative

      http://yro.slashdot.org/comments.pl?sid=67877&cid= 6220788

      http://news.com.com/5208-1030_3-0.html?forumID=1&t hreadID=2246&messageID=11919&start=-1

      http://slashdot.org/comments.pl?sid=82711&cid=7248 087

      Funny about these little things isn't it. And those are just three places I found this troll. I'm not sure where it originated, but still, just goes to show that trolls aren't original.

      --
      I wank in the shower.
    11. Re:The GPL: Intellectual Theft by Ravnen · · Score: 4, Informative

      If you really wanted an open source OS that you could steal code from look at BSD.
      If someone gives you something, you're not stealing from them. People who use BSD-like licences are giving away their work, usually because they want to maximise the amount of value others get from it. People who use the GPL are not giving away their work, they're making an agreement to exchange it for the work of others. The two objectives are simply different. Why is this so hard for some GPL advocates to understand?
    12. Re:The GPL: Intellectual Theft by 91degrees · · Score: 1

      This has been doing the rounds since long before that.

    13. Re:The GPL: Intellectual Theft by Pofy · · Score: 1

      Seems someone has gone through it though and changed the wording slightly between places. I took the first sentence and search and only got that hit but yes, seems the same text with variation in exact wording exists on other palces too.

    14. Re:The GPL: Intellectual Theft by MrNemesis · · Score: 4, Informative

      Someone with a 6 digit UID that doesn't know that compiling something with GCC *doesn't* make the binary GPL'ed? Hand in your geek credentials please.

      This is the sort of FUD that Microsoft must be loving. Every piece of code ever written by vi or emacs certainly isn't GPL'ed, just like every track that was finished up in Audacity isn't GPL'ed and just like people who use Visual Studio aren't obliged to hand over their source and binaries to MS gratis.

      Please also note that you're only forced to distribute your modifications if you're distributing/selling the modifications. If you edit some bitchin' GPL code and keep it locked away inside a corporate intranet, I don't think there's any obligation (other than the "spirit" of the GPL) to open up your changes.

      --
      Moderation Total: -1 Troll, +3 Goat
    15. Re:The GPL: Intellectual Theft by bentcd · · Score: 4, Insightful

      People who use the GPL are not giving away their work, they're making an agreement to exchange it for the work of others. This isn't entirely accurate either. Rather, it's an agreement to exchange it for the potential work of others. It's not as if most users of GPL products actually make modifications to it and so most of them don't contribute at all.
      --
      sigs are hazardous to your health
    16. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 0

      Furthermore, after reviewing this GPL our lawyers advised us that any
      products compiled with GPL'ed tools - such as gcc - would also have to
      its source code released. This was simply unacceptable.


      I assume that those lawyers have been fired by now?

      If not, you should probably make sure they do get fired, and get real lawyers. Real lawyers may come in handy some day.

      I'm no lawyer, and I'm not a GPL-guy -- but even I know that what your lawyers have been saying is simply not true.

      Side note: Stardock's Brad Wardell wrote Galactic Civilizations using gcc. As you will no doubt notice if you search around, that source code is not released, nor has anyone ever claimed it must be due to GPL issues.
    17. Re:The GPL: Intellectual Theft by Ravnen · · Score: 1

      Yes, that's a better way of putting it. The key is it's an exchange, even if typically a very uneven one.

    18. Re:The GPL: Intellectual Theft by youthoftoday · · Score: 3, Informative

      I think the line-lengths are a dead giveaway... I saw them before I saw the words.

      --
      -1 not first post
    19. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 2, Funny

      Nice to see a classic troll still catching the idiots.

      (It is one of egg troll's many masterpieces)

    20. Re:The GPL: Intellectual Theft by Jaidan · · Score: 2, Insightful

      At least this made me laugh...I almost choked on at the defragging the ext2 file system. It's extremely comical because it's obvious the person the came up with this (originally) meant it as pure sarcasm, probably not even originally trolled. It has too many make your jaw drop moments to have been serious...GNU protective license lol, defrag ext2 lol, token-ring..... However this has been around forever and always seems to incite people to violence.

    21. Re:The GPL: Intellectual Theft by killjoe · · Score: 4, Insightful

      Only if you modify the source code AND distribute it. Otherwise you can do whatever you want.

      --
      evil is as evil does
    22. Re:The GPL: Intellectual Theft by Tanuki64 · · Score: 1

      Furthermore, after reviewing this GPL our lawyers advised us that any products compiled with GPL'ed tools - such as gcc - would also have to its source code released. This was simply unacceptable.
      If I would believe your ranting here was more than mere trolling, I'd answer: Fire your layer, he is a moron.
    23. Re:The GPL: Intellectual Theft by Tanuki64 · · Score: 2, Insightful

      Although we had planned for no one outside of this company to ever use, let alone see the source code, we were now put in a difficult position. We could either give away our hard work, or come up with another solution. Although it was tought to do, there really was no option: We had to rewrite the code, from scratch, for Windows 2000.
      Yada-yada-yada. Don't you know that everything that runs on Windows 2000 automatically belongs to Microsoft? No? Fortunately this statement is as much FUD as yours. But I really wish more FUD like that would be spread against Microsoft.
    24. Re:The GPL: Intellectual Theft by Jaqenn · · Score: 1, Interesting

      I've seen this exact post - word for word - in the Slashdot comments at least one other time. Is this a popular article that someone's pasting in? What's the story here?

      --
      You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
    25. Re:The GPL: Intellectual Theft by sandman_eh · · Score: 1

      Linux's lack of Token Ring support Pardon! Is drivers/net/tokenring in the kernel a fragment of my imagation then ?

      --
      Master of Peng Shui.Ancient oriental art of Penguin Arranging)
    26. Re:The GPL: Intellectual Theft by jwthompson2 · · Score: 0

      Why is this so hard for some GPL advocates to understand? Because zealotry and propagandizing is just so much darn fun!
      --
      Even if I knew that tomorrow the world would go to pieces, I would still plant my apple tree. -Martin Luther
    27. Re:The GPL: Intellectual Theft by dkf · · Score: 2, Interesting

      People who use BSD-like licences are giving away their work, usually because they want to maximise the amount of value others get from it.
      It should be noted that people who do this do so in the hope that others will do the same, and the amount of respect you get in such a community relates very closely to the amount that you give. It's a gift economy, and it works pretty well when the cost of giving a copy is so small. (Of course, you actually get something that looks virtually the same with GPL licensed code, except the GPL people believe they shouldn't give back to the BSD community, which is rude.)
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    28. Re:The GPL: Intellectual Theft by babbling · · Score: 1

      Not just that, but since the GPL applies only to distributors of GPL'ed software, it is not possible for the GPL to impose that kind of requirement. The GPL is not a EULA and as far as I know, the FSF doubts that EULAs are even enforceable.

    29. Re:The GPL: Intellectual Theft by Tanuki64 · · Score: 2, Insightful

      except the GPL people believe they shouldn't give back to the BSD community, which is rude.
      Why is it rude? They use the BSD license the way it was intended by the copyright holder.
    30. Re:The GPL: Intellectual Theft by SlashDread · · Score: 0

      Please never reply to a post of mine thinking Im the inventor of teh internet (tubes!), java, GPL or anything else old.
      Nor do I want to be called a "geek", even if it comes with "credentials".

      thanks.

    31. Re:The GPL: Intellectual Theft by init100 · · Score: 2, Insightful

      FYI, the OP is a known troll. This isn't the first time I've seen it, and I guess that it won't be the last.

      also I'm not 100% sure that if you compile under gcc you have to keep it open

      I'm 100% sure that you won't need to open the source of programs compiled with GCC. Read the license of GCC, it explicitly states that the output of the program is not covered by the GPL.

      The price you pay to use GNU/Linux is if you modify it you have to give your modified code to everyone.

      Not entirely true. If you modify, but keep the modified code in-house, you are not required to release anything at all. If you distribute the modified GPL code, you have to distribute (or offer to distribute) the source code of the modified program to recipients of this program, licensed under the GPL. Any recipient of your modified GPL software can publish the source to the world if they want though.

    32. Re:The GPL: Intellectual Theft by init100 · · Score: 0

      I agree. This reminds me of when Theo de Raadt was angry for not receiving any money from users of OpenSSH, even though those users earned a lot of money using it. Tough luck Theo, you should have used another license than the BSD if you wanted money or code for your work. :)

    33. Re:The GPL: Intellectual Theft by init100 · · Score: 1

      It's called a cut 'n paste troll. It is simply people that want to troll, but are unable to produce an original troll, so they just cut and paste.

    34. Re:The GPL: Intellectual Theft by ArsenneLupin · · Score: 1
      Ok, I know I'm feeding a troll here, but as there are several answers that apparently take this work of art seriously, I have to act.

      As a consultant for several large companies, I'd always done my work on
      Windows. Recently however, a top online investment firm asked us to do
      some work using Linux.

      Weird. Usually it's the financial industry that is holding back IT development by sticking to windows against reason. First indication that this is indeed a troll.

      The concept of having access to source code was
      very appealing to us, as we'd be able to modify the kernel to meet our
      exacting standards which we're unable to do with Microsoft's products.

      Trying to befriend the reader, and thereby give more weight to the drivel that follows.

      Although we met several technical challenges along the way
      (specifically, Linux's lack of Token Ring support and the fact that we

      ROTFL. First, Linux does support tokenring (just have a glance into /usr/src/linux/drivers/net/tokenring/ if you don't believe me), and even if it didn't support it, how would this be relevant today? Who, apart from scrap-metal-dealers having scavenged tr equipment from the bank they work at would care?

      were unable to defrag its ext2 file system), all in all the process

      Hihi. I'm also unable to replace burnt out vacuum tubes on my PC. So does this mean that it is inferior to the ENIAC?

      went smoothly. Everyone was very pleased with Linux, and we were
      considering using it for a great deal of future internal projects.

      Again, attempting to give weight to the previous points by appearing to befriend the reader.

      So you can imagine our suprise when we were informed by a lawyer that
      we would be required to publish our source code for others to use. It

      Fire that lawyer. Their is nothing like that in the GPL.

      was brought to our attention that Linux is copyrighted under something
      called the GPL, or the Gnu Protective License. Part of this license

      Interesting mipselling of GPL... Funny.

      states that any changes to the kernel are to be made freely available.

      Nope. It only states that if you distribute a changed kernel, you need to agree to the terms which gave you the right to obtain the source-code which you modified.

      It's the same thing as with Micro$loth really. If you sign an NDA with MS to get the Vista source code, this doesn't give you the right to distribute modified Vista binaries to third parties (without properly re-imbursing M$ for it). Try it, and see just how fast a chair can fly.

      Unfortunately for us, this meant that the great deal of time and money
      we spent "touching up" Linux to work for this investment firm would
      now be available at no cost to our competitors.

      You specialize in financial software. Make sure you make your profit there, not in the occasional bugfix that you contribute to the kernel or utils.

      Furthermore, after reviewing this GPL our lawyers advised us that any
      products compiled with GPL'ed tools - such as gcc - would also have to
      its source code released. This was simply unacceptable.

      ... and more simply is it patentably false. Through your lawyers into a pool infested with sharks with head-mounted lasers.

      Although we had planned for no one outside of this company to ever
      use, let alone see the source code, we were now put in a difficult
      position. We could either give away our hard work, or come up with
      another solution. Although it was tought to do, there really was no
      option: We had to rewrite the code, from scratch, for Windows 2000.

      Wow, the trawl is showing its age. Amazing how well it still works (I know, I know. I'm feeding it, but only because it got so overwhelmingly many serious responses...)

      I think the b

    35. Re:The GPL: Intellectual Theft by Fujisawa+Sensei · · Score: 1

      You do realize the verbatim copying of posts, even anonymous trolls, without attribution is a copywrite violation, and claiming somebody elses troll is plagiarism.? Or in your terms: "Intellectual Theft".

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    36. Re:The GPL: Intellectual Theft by Ravnen · · Score: 1

      It should be noted that people who do this do so in the hope that others will do the same, and the amount of respect you get in such a community relates very closely to the amount that you give.
      Yes, although this isn't so in all cases. The BSD work done at the University of California, Berkeley for DARPA, for example, didn't involve any such aims. Its objectives were practical, i.e. to make available a reference implementation of TCP/IP on common hardware, and it did the job brilliantly. Bill Joy then went on to co-found Sun Microsystems and develop a closed source derivative, SunOS.

      It's a gift economy, and it works pretty well when the cost of giving a copy is so small.
      It does seem to work rather well, both the BSD and GPL forms, the latter however with less emphasis on the gift idea. I actually find it quite interesting, and can imagine models in which using either BSD-style or GPL-style distribution would maximise value added in the long run. However, like a lot of these issues, it's easy to come up with hypotheses, but extremely difficult to actually test them.
    37. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 0

      You do realize the verbatim copying of posts, even anonymous trolls, without attribution is a copywrite violation, and claiming somebody elses troll is plagiarism.? Or in your terms: "Intellectual Theft".

    38. Re:The GPL: Intellectual Theft by hackstraw · · Score: 1

      Only if you modify the source code AND distribute it. Otherwise you can do whatever you want.

      OK, I have a criminal mind today.

      So, can Tivo restart the Tivoization process by doing the following:

      1) put unmodified source code on the product and distribute that.

      2) have the user agree to some stupid EULA that is not legally binding, nor an agreement, or whatever to initialize the device subject agreeing to the GPL

      3) have the user modify patch the system (like a binary patch or whatever)

      That way the user is agreeing to the GPL and not Tivo.

      Is that a loophole?

    39. Re:The GPL: Intellectual Theft by hackstraw · · Score: 0, Flamebait

      For example, using gcc to compile proprietary software is allowed.

      All of this allowed, not allowed GPL crap simply does not make GPL stuff seem that free anymore.

      I've always prefered the BSD license system personally. Is GPLed software really free?

    40. Re:The GPL: Intellectual Theft by master0ne · · Score: 1

      now IAMAL but its my understanding that unless you intend to redistribute the modified operating system, or expect customers to interact with a box (tivo style) running the modified operating system, that any and all changes could be kept private, and also i would suggest getting a second opinion about the whole issue with compiling code using gcc needing to be opensourced.... the GPL in general just keeps companies and people from taking away the freedoms inherent with opensource.... the only REAL worry these days comes from outside patent holders with a lack of indemnification for using linux products it wouldnt be hard for companies to go on a FUD/Lawsuit rampage (sco style) and really stir up a world of legal shit... anyway... I would strongly advice a second opinion about the GPL than the one your lawyer gave you as it seemes like it was flawwed, and runs counter to most knoldage on the gpl ive come accrost.... now again IANAL and all i can go on is my own expirence so i strongly suggest you talk to a(nother) lawyer more indepth reguarding these topics...

      --
      Noone writes jokes in base 13!
    41. Re:The GPL: Intellectual Theft by master0ne · · Score: 1

      2 points: 1 bsd style licence is there so that people dont HAVE to give back, if the developers wanted to encourage this notion they should have created/chosen a gpl-ish licence 2 more recently its been the bsd people actually STEALING code from the gpl camp... see the recent driver fiasco, where the only thing the bsd camp needed to do ask ask permission to help with their own driver variant, but instead of asking, they ripped it right off and stripped the gpl out of the code...

      --
      Noone writes jokes in base 13!
    42. Re:The GPL: Intellectual Theft by IthnkImParanoid · · Score: 2, Informative

      The person who modifies the source and distributes the modifications (even in the form of a binary patch) is the one in violation.

      Tivo already agreed to the GPL by distributing the original source (unless they have an explicit license).

      --
      It's nothing but crumpled porno and Ayn Rand.
    43. Re:The GPL: Intellectual Theft by ifrag · · Score: 1

      Linux's lack of Token Ring support Pardon! Is drivers/net/tokenring in the kernel a fragment of my imagation then ?
      Yep, unless you have already run defrag ext2fs.
      --
      Fear is the mind killer.
    44. Re:The GPL: Intellectual Theft by mightybaldking · · Score: 1

      Your lawyers are wrong. Sorry for feeding the troll, but some misconceptions need to be cleared up. You are the developer, working for a client. You use GPL code, and distribute it to (only) the client. You are required to distribute the source code ONLY to the client. Now, if the client distributes the application further down the chain to people outside the clients organization, for example, a desktop client, then the are required to distribute the source code along with the app. The GPL makes no statement that source code be made public. It only requires you to distribute (or make available for distribution) the source along with the binaries. If you have no intention of distributing the app to me, then I can make no claims on the source. Furthermore gcc is a tool. You are not required to distribute the source code that that tool compiles, just as an image created with the GIMP or a story written in Open Office qualify as a free product. Be aware that libraries used MAY be GPL instead of LGPL, and then any code that links to those libraries could be subject to source code distribution rules. AFAIK, most of the common libraries are LGPL, so there is no source distribution requirement. In summation. I 'A' can create a fully customized linux system for my client 'B', modifying every line of code in the system. I can sell that to 'B', and give them the source code. B is free to do what they want with it. As long as they chose not to distribute it further, the source code is secure. And why shouldn't they have access to the source? They paid for it.

    45. Re:The GPL: Intellectual Theft by edwdig · · Score: 1

      The GPL protects the rights of the code, because as you know, code doesn't like to be enslaved and forced to work in proprietary software.

      As to the people who want to use the code, they are irrelevant. Their rights end where the rights of the code begins.

      Honestly, what do you expect from a license that first requires you to read up on why the word free doesn't mean what you would think it means before you can understand it?

    46. Re:The GPL: Intellectual Theft by 99BottlesOfBeerInMyF · · Score: 1

      People who use BSD-like licences are giving away their work, usually because they want to maximise the amount of value others get from it.

      This is not 100% accurate. Putting a work into the public domain is giving it away. Licensing it via the BSD license, is swapping it for very little (credit in any redistributed versions of your code or modifications of your code).

    47. Re:The GPL: Intellectual Theft by zotz · · Score: 1

      "If someone gives you something, you're not stealing from them."

      Correct. Mind you, if someone violates your copyrights, they are not stealing from you either, but that is a different issue.

      "People who use BSD-like licences are giving away their work, usually because they want to maximise the amount of value others get from it."

      I would say rather that the may want to maximise the amount of value first generation others get from it. (Or I guess, really, up to the generation where it goes non-Free.) Perhaps. Plus, to go extreme like you do with the GPL, even the BSD boys are not giving away their work. They are exchanging it fo the credit you have to give them. To give it away, you would pretty much have to find some way to dedicate the code to the public domain and possibly even in an anonymous way.

      Even so, this and your parallel GPL point really only apply to those in position to choose the license.

      I prefer copyleft and look for GPL products ahead of BSD or other non-copyleft programs. Once in a while I send in an improvement to some piece of code. (Very rarely, I have not kept what programming skills I ever had up to date.) If I have ever sent in a patch to non-copyleft code, it is not because I want my code used in a non-copyleft way at all. But a small patch, on a large program that I have no wish whatsoever to try and fork and maintain? So be it. I figure the same thing must apply in reverse to people who prefer non-copyleft code but send in a patch for GPL code.

      "People who use the GPL are not giving away their work, they're making an agreement to exchange it for the work of others."

      Not quite. Some view things long those lines. Others see things along the lines of ensuring the freedom as oposed to allowing someone to reduce them beyond what is necessary to ensure them.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    48. Re:The GPL: Intellectual Theft by wellingtonsteve · · Score: 1

      That should be have been Wikipedia not Qikipedia

      D'oh

    49. Re:The GPL: Intellectual Theft by TheCoelacanth · · Score: 1

      It was brought to our attention that Linux is copyrighted under something called the GPL, or the Gnu Protective License.

      First of all, it's the GNU General Public License.

      So you can imagine our suprise when we were informed by a lawyer that we would be required to publish our source code for others to use.

      You are only required to give your changes to anyone that you give modified binaries, you don't have to give the changes to everyone.

      Furthermore, after reviewing this GPL our lawyers advised us that any products compiled with GPL'ed tools - such as gcc - would also have to its source code released. This was simply unacceptable.

      The license to GCC includes a specific exception that prevents software compiled with gcc from falling under the GPL.

      I think the biggest thing keeping Linux from being truly competitive with Microsoft is this GPL. Its draconian requirements virtually guarentee [sic] that no business will ever be able to use it. After my experience with Linux, I won't be recommending it to any of my associates. I may reconsider if Linux switches its license to something a little more fair, such as Microsoft's "Shared Source". Until then its attempts to socialize the software market will insure it remains only a bit player.

      Linux already is a major player outside the desktop market.

    50. Re:The GPL: Intellectual Theft by hackstraw · · Score: 1


      At least someone doesn't think I'm flamebaiting here.

      Yeah, the poor code. I remember when code didn't have any rights...

    51. Re:The GPL: Intellectual Theft by Ravnen · · Score: 1
      I agree with some of your points, but there are a few I'd like to comment on:

      Mind you, if someone violates your copyrights, they are not stealing from you either, but that is a different issue.
      I suppose it depends on the jurisdiction. Under EU law, for example, there is the concept of intellectual property. Violation of copyright is viewed as theft of intellectual property, so yes, if someone violates your copyright, they can be said to be stealing from you.

      I would say rather that [those who use BSD-style licences] may want to maximise the amount of value first generation others get from it. (Or I guess, really, up to the generation where it goes non-Free.)
      When I refer to the value, I mean the value to everyone, not just to the open source community. Closed source code generates value for its owners, even if not for the open source community, at least not directly. The intuitive view is that BSD-style licensing will probably lead to more value overall, since more people will be using it, but less value for the open source community. It is of course possible to imagine models in which using the GPL will lead to higher total value in the long run, or indeed in which BSD-style licensing will lead to higher value even for the open source community.

      "People who use the GPL are not giving away their work, they're making an agreement to exchange it for the work of others."

      Not quite. Some view things long those lines. Others see things along the lines of ensuring the freedom as oposed to allowing someone to reduce them beyond what is necessary to ensure them.

      To me, this just looks like a more confusing way of saying the same thing. Isn't what you call 'freedom' just the concept that 'I'll share with you if you share with me', with the 'me' possibly referring to a community rather than an individual? If so, it's just an issue of the terms under which a voluntary exchange is made, not anything to do with freedom.
    52. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 0

      Please never reply to a post of mine thinking Im the inventor of teh internet (tubes!), java, GPL or anything else old.
      Nor do I want to be called a "geek", even if it comes with "credentials".

      thanks.

      I bet you invented the vacuum tube, geek. Or maybe the abacus.

      What a geek.

    53. Re:The GPL: Intellectual Theft by zotz · · Score: 1

      "Under EU law, for example, there is the concept of intellectual property. Violation of copyright is viewed as theft of intellectual property, so yes, if someone violates your copyright, they can be said to be stealing from you."

      Can you give specific examples from the law?

      I can see stealing you copyrights so that now I am seen as the copyright owner being considered theft. Not making copies in violation of someones copyrights. Illegal, yes, theft, no. I amalways open to learning new things though.

      "Closed source code generates value for its owners, even if not for the open source community, at least not directly"

      Fine, but that value comes from... Their customers. And those customers do not get any such value.

      "The intuitive view is that BSD-style licensing will probably lead to more value overall"

      I do not find this intuitive in any way.

      "To me, this just looks like a more confusing way of saying the same thing. Isn't what you call 'freedom' just the concept that 'I'll share with you if you share with me', with the 'me' possibly referring to a community rather than an individual?"

      No, not at all. Even if all I ever do is write and release Free works, and never use anyone else's Free works, I can still be concerned with Freedom.

      However, in general the two things may always go together or they may not. Even if they do, they are still two things and some can value one, some can value the other, some can value both.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    54. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 0

      It shouldn't be if you don't want them to. Unfortunately, you do not have the freedom to do so if you are basing off of GPL code. In these cases, GPL = less freedom, not more. The only freedom that it guarantees is for those who have done the base work to benefit from all further work and you get the benefit of not starting from scratch. Who are the people who have done the base work and want to benefit from your work? Hint: look at those who made up the license... they are the ones with the most vested interest in your fixing their bugs and adding features.

    55. Re:The GPL: Intellectual Theft by Ravnen · · Score: 1
      The enforcement of intellectual property rights is discussed in Directive 2004/48/EC. The violation of intellectual property rights, like the violation of physical property rights, is generally referred to as theft, for example, as discussed in the 2000 EU report on organised crime.

      Fine, but that value comes from... Their customers. And those customers do not get any such value.
      No, the issue is the value created, not to whom it flows. If you have publicly available software P, and closed software C, the total value of combining them, V, isn't V = P + C, it's V = P + C + S, where S is the additional value created by the combination. If you restrict the combination of P and C, you reduce the size of S, and thus of V.

      The question of whether the GPL would be preferable to the BSDL in the long run depends on how the benefits of relatively larger increases in P over time, derived through persuading some who would otherwise close their work to open it, compare with the losses incurred by not allowing P to be combined with C.

      No, not at all. Even if all I ever do is write and release Free works, and never use anyone else's Free works, I can still be concerned with Freedom.
      What do you mean by 'Freedom', other than making your sharing conditional on an agreement by those you share with to share in return? As I said before, it need not be individual: your requirement may be that they share with a community you belong to, such as the 'Free Software community'. This isn't an issue of freedom in any normal sense of the word, i.e. nobody is being forced to do anything against their will, or prevented exercising their fundamental rights.
    56. Re:The GPL: Intellectual Theft by zotz · · Score: 1

      "The violation of intellectual property rights, like the violation of physical property rights, is generally referred to as theft, for example, as discussed in the 2000 EU report [europa.eu] on organised crime."

      Oh, I know it is often referred to as theft, and discussed as theft. Can you point to anywhere that it is defined as theft in law? Was that report a law?

      Tresspass is a violation of my real property. If someone tresspass on my front lawn, are they a thief? Will they be charged with theft? What did they take from me that I no longer have?

      "No, the issue is the value created, not to whom it flows. If you have publicly available software P, and closed software C, the total value of combining them, V, isn't V = P + C, it's V = P + C + S, where S is the additional value created by the combination."

      Don't buy the equation yet. I see S as just more C.

      Since I find C defective in the first place, having more C is of no value to me.

      The question for me is does P grow faster when copyleft is in play than when it is not in play.

      And if I am right and S is in fact more C, the real for you should be does P+C grow faster when P has copyleft in play then when P does not have copyleft in play.

      (I am aware I am substituting code for value in a way.

      "What do you mean by 'Freedom'"

      What I mean is that the people who get my work are Free to do certain things with it. That comes with or without copyleft. Copyleft is an attempt to protect that freedom once given rahter than letting it be removed by less well intentioned players.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    57. Re:The GPL: Intellectual Theft by badman99 · · Score: 0

      Billy Gates Is Not My Lover, Hes Just A Guy, That I Met While Compiling Code In A Bar, Woo Woo Hoo The NT Kernel Is Not My Son

    58. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 0

      If you don't like limitations and restrictions, use one of the BSD's... It's all about freedom of choice and the choice is your to choose what suits you best. GNU and/or GPL isn't for everyone neither are other alternative licenses - it just all depends on your needs and how you see things.

    59. Re:The GPL: Intellectual Theft by obeythefist · · Score: 1

      My turn for car analogy time! Hooray!

      The GPL is like, you get a free car, but if you modify it and give a car based on your modifications to someone, you have to give it to everyone, and they have to do the same if they modify your modification (like putting big rims on it or a big spoiler and R-Type stickers). Everyone gets a lot of free cars that have all sorts of modifications on them. But if someone tries to sell your cars based on the design for cars that you made, they can't, but they can sell little pinetrees that smell nice, and they can fix cars if they break and get money for that too.

      The BSD license is just free cars that someone gave you and you can decide whether to give people cars or designs or both or neither.

      I love car analogies on slashdot. They don't even have to be good, you can just write anything like the one I just did. How cool is that?

      --
      I am government man, come from the government. The government has sent me. -- G.I.R.
    60. Re:The GPL: Intellectual Theft by chthonicdaemon · · Score: 1

      Well, I'll bite -- you know that these people with 'vested interests' are not usually companies that make money from their software. Point in case: RMS himself, who has produced a huge volume of code with very little direct monetary benefit. I know it's hard to understand people doing something for their ideals rather than monetary gain, but in my experience most of the core FSF people truly believe in what they are doing as a noble endeavour.

      You will see this misconception cropping up again and again in discussions about the GPL and the FSF. "If these guys want to compete, they'll have to play ball." Perhaps they are not driven by market share or even strict technical superiority. Perhaps they are driven by their ideals. I, for one, applaud them for sticking to their guns.

      --
      Languages aren't inherently fast -- implementations are efficient
    61. Re:The GPL: Intellectual Theft by ooze · · Score: 1

      Wrong. You can only use the hard work of other people if they use YOUR hard work first. Or if they license it in a GPL compatible license.
      In both cases I don't see how this could restrict any freedoms for others they haven't used first for themselves.

      --
      Just because I can imagine doing a hippopotamus, doesn't mean I'd like to do it.
    62. Re:The GPL: Intellectual Theft by Ravnen · · Score: 1
      I'm not sure what your point is in being obtuse about definitions. If you look at the law, it defines property rights, both physical and intellectual. The common definition of theft is taking/using property without permission, and this is applied in official EU documents to both physical and intellectual property. If you won't accept that, OK, but your refusal to recognise standard usage of a word doesn't change it.

      Don't buy the equation yet. I see S as just more C.
      It's very simple to understand. If two software programs are combined, the combination may, and often does, create more economic value than each individual part would by itself. If you want to play Stallman's game and redefine everything to be what you'd like it to mean, in this case claiming economic value that doesn't accrue to you personally, or to your community, isn't actually value at all, then there isn't any hope of coming to an agreement on anything, so I might as well give up now.

      What I mean is that the people who get my work are Free to do certain things with it. That comes with or without copyleft. Copyleft is an attempt to protect that freedom once given rahter than letting it be removed by less well intentioned players.
      No, that's done even if you put it into the public domain. What you're talking about is the exchange you're willing to make, i.e. that you'll only share your work with them if they agree to share their work (or potential work) with your community. It has nothing at all to do with freedom, it's just terms of agreement for an exchange of intellectual property.
    63. Re:The GPL: Intellectual Theft by zotz · · Score: 1

      "I'm not sure what your point is in being obtuse about definitions. ... The common definition of theft is taking/using property without permission,"

      I am not being obtuse. Further, I gave an example, namely, tresspass, where, in our law at least, to my knowledge, a person would use my real property and not be considered a thief, and not be charged with theft, but rather would be charged with tresspass.

      I am trying to understand how your actualw law handles this.

      "If two software programs are combined, the combination may, and often does, create more economic value than each individual part would by itself."

      I said I don't buy the equation, and I don't. You have made a bald assertion that this is what happens. I don't agree that things are that simple. It could easily be that P+C = (P-X)+(C+S) where X is larger than S. (Just to give one top of the ehad axample.)

      Now, as far as redefining things, I did not try to. What I did try and do, and was very up front about it is to point out that I am not concerned with creating such C value. Would you rather I hide this fact from you?

      "No, that's done even if you put it into the public domain."

      No, it is not, them getting it Free is, it is the protecting that Free status which is lacking.

      And I seem to remember various people from Europe saying they didn't think you could put works in the public domain in their countries. Can you put a work of yours in the public domain in your country should you so desire?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    64. Re:The GPL: Intellectual Theft by Haydre · · Score: 1

      To start this off, I have been a long time passive reader
      of slashdot, but never really got around to making an account,
      as I never had any reason to comment. That said, the complete
      lack of any sort of understanding of the GPL on the part of you
      or your lawyers has blown my mind. It is to make this reply that I
      took 10 minutes to create an account.

      "It was brought to our attention that Linux is copyrighted under
      something called the GPL, or the Gnu Protective License."
      Ok, first, let's use the term 'licensed' as it is more appropriate.
      It is copyrighted under normal copyright laws, which are what
      make the GPL possible. Some of the copyright laws are given up,
      to allow more freedom for the end user. Also, it is worth noting,
      GPL stands for GNU Public License, not GNU Protective license.

      "Part of this license states that any changes to the kernel
      are to be made freely available."
      Not entirely true. The license states that when distributing
      binaries, licensed under the GPL, you must also offer the underlying
      source code. If the binaries never see the light of day outside
      your company, you never need offer the source outside the company.
      On the other hand, if you distribute your own personal flavour of
      Linux within your company, you must offer the source as well,
      but only to those in your company. And if they all have your level
      of technical expertise, I'm sure you have nothing to worry about.

      "... any products compiled with GPL'ed tools - such as gcc - would
      also have to its source code released."
      Wrong. According to Ken Foskey, an OpenOffice.org developer responding
      to this very question, you can have closed source binaries compiled using GCC.
      http://gcc.gnu.org/ml/gcc-help/2005-01/msg00140.ht ml

      "Although we had planned for no one outside of this company to ever
      use, let alone see the source code, we were now put in a difficult position."
      As I said before, you need not distribute your source outside
      the company, if you do not distribute your binaries outside the
      company. You could quite easily make your own fork of Linux, keeping
      it tightly secured inside your own company, a la Google.

      "We had to rewrite the code, from scratch, for Windows 2000."
      I'm curious how you were able to port a project that required exacting
      kernel changes to a closed source platform. I'll be honest, something
      doesn't smell right.

      "I think the biggest thing keeping Linux from being truly competitive with
      Microsoft is this GPL. Its draconian requirements virtually guarentee that
      no business will ever be able to use it."
      The GPL keeps Linux competitive with the closed source model by ensuring that
      closed source conglomerates do not make a living by utilizing free code,
      and never giving back to the community. The GPL is also what makes it possible
      for companies to use it, as they know that other companies can't take their
      source code, and lock it down, such as with the BSD license.

      Do some research, and learn what the GPL is and does before you bash it. Also, get
      new lawyers, because yours do not know what they're talking about in matters of
      technology and licensing, which are apparently important topics in your company. It's
      too bad you've brought this up after you've switched to a new model, as it means that,
      in the end, your productivity will be hurt over needless fears.

    65. Re:The GPL: Intellectual Theft by Elsan · · Score: 1

      Correct me if I'm wrong but... You only need to give the source code when you distribute the program. Oh well, you're just a troll and/or a funny guy anyway.

    66. Re:The GPL: Intellectual Theft by Anonymous Coward · · Score: 0

      You're wrong. If you distribute a nice-smelling pinetree in a free car, you have to provide the recipe for pinetrees. (Though if pinetrees are only provided separately, you're ok.)

      [ I find it really weird that aggregation across an address-space requires everything to be GPL-compatible, but aggregation on a hard drive doesn't... ]

    67. Re:The GPL: Intellectual Theft by this213 · · Score: 1

      "Although we met several technical challenges along the way
      (specifically, Linux's lack of Token Ring support and the fact that we
      were unable to defrag its ext2 file system),"
      First off: http://www.linux.com/howtos/Token-Ring/intro.shtml
      And, for defraging an ext2 filesystem: HAHAHAHAHAHAHA! You're an idiot!

      "So you can imagine our suprise when we were informed by a lawyer that
      we would be required to publish our source code for others to use."
      The only time you'd have to publish your code for others to use is if you:
            A: Have taken actual GPL code and modified it - this is not the same as creating code that works WITH GPL code
      AND (&& != ||)
            B: You are distributing said code - in which case, you must give WHOEVER YOU DISTRIBUTE THE CODE TO the source for said code

      "Unfortunately for us, this meant that the great deal of time and money
      we spent "touching up" Linux to work for this investment firm would
      now be available at no cost to our competitors."
      No, read above

      "Furthermore, after reviewing this GPL our lawyers advised us that any
      products compiled with GPL'ed tools - such as gcc - would also have to
      its source code released. This was simply unacceptable."
      HAHAHAHAHAHA! You're REALLY an idiot!

      "Although we had planned for no one outside of this company to ever
      use, let alone see the source code, we were now put in a difficult
      position. We could either give away our hard work, or come up with
      another solution. Although it was tought to do, there really was no
      option: We had to rewrite the code, from scratch, for Windows 2000."
      Because you're an idiot that can't read. You need to fire that laywer, btw.

      "Thank you for your time."
      I wonder how much you got paid for yours to write this - I know Microsoft does pay well.

    68. Re:The GPL: Intellectual Theft by ricegf · · Score: 1

      So you took code representing tens of thousands of hours of other people's work, made a few tweaks, and now want to sell it back to them as if you did all the work yourself?

      And you didn't check with the copyright owners to see if they would permit this?

      Dude, you mean and stupid!

    69. Re:The GPL: Intellectual Theft by guruevi · · Score: 1

      Well, you should fire your lawyer for putting you through all that extra work. Either that or you are a Microsoft shill. Read up on it, you can release commercial software under the GPL, you just can't take somebody elses work and release it under your proprietary license (you see it's quite honest, you get for free, give for free, otherwise do it yourself). Then again, you don't have to publish the source code for everyone to see, only to the persons you distribute your software to, they however can decide to re-distribute that software.

      And I doubt you got the performance you needed from a customized Windows kernel, if so, you must be working at Microsoft since those are the only one that can customize it to a high degree.

      Another thing: Linux does have Token Ring support, you just have to compile it in your kernel since no-one uses it anymore and EXT2/EXT3 doesn't need to be defragged since the filesystem is built not to defrag (works kinda like a database).

      All your arguments are thus moot and should have been resolved by a simple google search.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
  2. "consumer products" only by Darkon · · Score: 3, Interesting

    One rule for Tivo and another rule for IBM?

    Why should I have less right to install modified code on my mainframe than on the box under my TV?

    For all Stallman's huffing and puffing about defending freedom, it sounds like he caved in to big business here.

    1. Re:"consumer products" only by aussie_a · · Score: 1

      Can you point to the relevant quote from the article? I did a search for "consumer products" (without quotation marks) and found none.

    2. Re:"consumer products" only by aussie_a · · Score: 3, Interesting
      Aaah, nevermind. Found it myself after searching through Stallman's dogma a bit more carefully.

      The ban on tivoization applies to any product whose use by consumers, even occasionally, is to be expected. GPLv3 tolerates tivoization only for products that are almost exclusively meant for businesses and organizations. (The latest draft of GPLv3 states this criterion explicitly.)
    3. Re:"consumer products" only by jkrise · · Score: 1

      I think this is a subtle but neat sidestep by the GPL authors. Let's say IBM tivo-ises it's hardware, and only 'TPM approved' apps will run. They stand to get exposed as enemies of Free Software amongst the user community. It's difficult to think of any 'general-purpose-hardware' manufacturer adopting tivo-isation, because the market would buy from the competition instead.

      Of course, if one is buying AS400s aka white elephants, there's hardly any point complaining about vendor lock-in since no one else makes AS400s. Should be interesting to see if Dell or HP dares to make a Tivo-PC that boots a specific kernel / distro.

      --
      If you keep throwing chairs, one day you'll break windows....
    4. Re:"consumer products" only by bateleur · · Score: 0, Redundant
      From the article:

      The ban on tivoization applies to any product whose use by consumers, even occasionally, is to be expected. GPLv3 tolerates tivoization only for products that are almost exclusively meant for businesses and organizations. (The latest draft of GPLv3 states this criterion explicitly.)
    5. Re:"consumer products" only by bheer · · Score: 1, Troll

      Well, open source in general shills (unknowningly, I guess) for Big Blue's software services strategy. They love open source because they lost the software products war (we know who won) so they want to devalue software by opening up the source so that services dominate. And lest you forget, IBM Global Services is one of the biggest providers of services and can market their stuff better than most companies.

      Also, if you look at IBM's software offerings, they've tended to go up the business chain (they were planning to launch Websphere for verticals at one point, not sure if they've done that yet) so over time you'll see infrastructure code become open-source commodities no one makes much money out of, whereas all the money is made on delivering services on top of Websphere for Healthcare, etc. This sounds good in theory (in fact there are parts to this strategy I actually agree with) except for the fact that it encourages building ever larger, ever more Byzantine pieces of software that are actually worth something in services revenue. People who come up simple, innovative software solutions will find themselves OSS-cloned in no time.

      Also, what happened to closing the ASP loophole? :-) I guess the FSF doesn't want to cause too much pain to folk like Google.

      Anyhow, I commented on a related issue in the Tivo thread, and RMS fanboys are still splitting hairs replying to that. So if any of them have come here to carp about this post, hi! :-)

    6. Re:"consumer products" only by Ravnen · · Score: 4, Interesting

      The interesting part of it is that if you can reliably control what is run on the hardware, the costs can be transferred from the buyer/user of the hardware to others. This means the hardware can potentailly be sold at a lower price than more open hardware, allowing it to gain a competitive advantage if the reduction in functionality is smaller, in monetary terms, than the reduction in the price. If this is the case, both the buyer and the seller can also be said to be better off.

    7. Re:"consumer products" only by dreamchaser · · Score: 2, Interesting

      For all Stallman's huffing and puffing about defending freedom, it sounds like he caved in to big business here.

      That's because he has.

      As for the greater issue of the GPL 3, I don't have much doubt that a lot of business that were considering going to FOSS based solutions will take pause and adopt a 'wait and see' approach while the lawyers sort things out. I'm not arguing the pro's and con's of it; I'm just making an educated guess based on many years in business. The net result may actually be a slowdown of the pace with which FOSS solutions become adopted by business, even if it's just because of FUD being flung around by FOSS opponents.

    8. Re:"consumer products" only by palewook · · Score: 1

      it could actually put GPL3 at odds with the DMCA. which isnt a bad thing.

    9. Re:"consumer products" only by tepples · · Score: 1

      It's difficult to think of any 'general-purpose-hardware' manufacturer adopting tivo-isation, because the market would buy from the competition instead. Unless the competition all licenses some underlying patent or trade secret from a licensor organization such as AACS LA or CableLabs. (Had the broadcast flag passed, the US Federal Communications Commission would be on this list as well.) Products under such licenses must meet "robustness rules" that flat-out require Tivoization. (I would link to more background information about this topic, but "Firefox cannot find the server at en.wikipedia.org" at the moment.)
    10. Re:"consumer products" only by wykthorr · · Score: 0

      It's just all to simple. Manufacturers should be allowed to do whatever they want with their products. If IBM at one point wants to prevent you from changing the software installed on the machine let them do it. If you don't like this then you're free to chose another manufacturer. It's a free world. It's that we linux guys expect to change the world. You can't expect the entire industry to play along. If we put too many obstacles in their way then thy might switch to another operating system. And I think that would be more disturbing than some company ensuring that the software installed on their boxes is not changed.

    11. Re:"consumer products" only by morgan_greywolf · · Score: 1

      I think this is a subtle but neat sidestep by the GPL authors. Let's say IBM tivo-ises it's hardware, and only 'TPM approved' apps will run. They stand to get exposed as enemies of Free Software amongst the user community.


      Not only that, but it depends on usage. What RMS is saying is that even if a product is used by consumers 'only occasionally' -- which seems to imply that that ANY use by consumers deems the product not covered under the 'commercial use only' tivoization exception clause.

      For example, I know guys who have IBM x-Series workstations and servers running at home. Does this mean IBM can't tivoize the x-Series?

    12. Re:"consumer products" only by bahwi · · Score: 1

      Typically computers are general purpose while boxes like Tivo, which are basically computers with customizations, are built for specifics. Putting new software on there really makes it difficult to do support, patches, upgrades. It's also really easy for it to get around on the internet and soon support is flooded with calls. "I installed the patch on my tivo to give me more space and now it doesn't boot" at which point it's costing tivo or whoever money.

      Basically, if you want the rights, build your own damn box. May I suggest MythTV? It's quite nice, actually.

      But if the GPL3 is gonna go in this direction say goodbye to linux on appliances and more curt responses to "Why not make your code GPL?" that the GPL zealots like to ask. I released a piece of (very crappy) code in BSD license and got inundated with emails to make it GPL.

    13. Re:"consumer products" only by JimDaGeek · · Score: 1

      There had to be some "give" for corporate products. Think corporate security. There is a clear difference between consumer and corporate products. If I buy a Tivo, I buy it for my OWN use and should have the freedom to modify the Free code that is used in the product.

      In contrast, a COMPANY buys a product not for any one individual employee. So as am admin, it would not be _your_ mainframe. As far as mainframes go, a company would lease it, just like leasing a car.

      I think the GPLv3 could have limited both segments. However, corporations generally buy products with limitations to try to increase security. On the other hand, a consumer would go out of his way to buy a product that put arbitrary restrictions on what he can do with his property.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    14. Re:"consumer products" only by Mateo_LeFou · · Score: 1

      "what happened to closing the ASP loophole? :-) I guess the FSF doesn't want to cause too much pain to folk like Google."
      http://www.fsf.org/blogs/licensing/2007-03-29-gplv 3-saas

      (PS: the 'RMS fanboys' might be angry with you because you repeatedly call them names and suggest that the FSF is pandering to IBM and/or Google)

      --
      My turnips listen for the soft cry of your love
    15. Re:"consumer products" only by JimDaGeek · · Score: 1

      I think it would be pretty easy to prove in court who the target audience is. So just because someone with some money to blow buys some major hardware wouldn't mean the target audience has changed.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    16. Re:"consumer products" only by LWATCDR · · Score: 2, Insightful

      Pretty much. GPLv3 is a great win for Microsoft in the embedded market.
      The lesson here is don't try and build a product using GPL software because if RMS decides that you don't fit their philosophical outlook they will jerk they will change the license to make you conform to their ideal.
      What percentage of Tivo customers are upset that they can't hack their Tivo?
      The inability to run modified code also means an increase in the security of a Tivo placed on the network. Anyone want to deal with Zombie Tivos?
      Tivo has been around for years and was one of the first big Linux success stories. People don't have to buy Tivos since MythTv is available for people that want to roll their own.
      I just don't see how Tivo is a big problem for FOSS except that RMS doesn't like them locking down their hardware. I do see this causing problems for Tivo and frankly the end users that love their Tivos and may end up without service if they go under because of this.
      Maybe Tivo should have gone with BSD from the start.

      Then you have to wonder what this will do to Linux Cell phones. They are now gain popularity but this may be the end for them as well.
      So other than a philosophical win how does this help people?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    17. Re:"consumer products" only by Anonymous Coward · · Score: 0

      Check the ruling they cite, if it's available to consumers - it's covered. There are few exceptions to what is available to private individuals with enough money or through the second hand market.

      The entire clause is ridiculous.

    18. Re:"consumer products" only by ThJ · · Score: 1

      I talked about this to someone I know at ZyXEL. Basically, I asked him why they don't let people install custom firmware. Basically, he explained that they had released such a device, and it had been a tech support nightmare. Customers would brick their devices and call ZyXEL to get a replacement. They quickly dropped the idea. It just cost too much.

    19. Re:"consumer products" only by Maxo-Texas · · Score: 1

      Ah but as/400's are very reliable white elephants that can handle huge transaction levels.

      And if you are running java & sql, your tie to the hardware is minimal so when better, more reliable boxen come along, you can switch.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    20. Re:"consumer products" only by Aim+Here · · Score: 1

      The aim was to allow GPLed software to be used in safety critical embedded devices where both legal regulations and the user (some hospital, or airline or nuclear plant) both didn't want the device to be tamperable with.

      The FSF were probably thinking of various ways round this, and figured that the best way was to limit the protection in the GPL to consumer devices. There is the side effect you speak of, where it's theoretically possible that Big Evil Corporations might end up having DRM being inflicted on them in, say, general computing installations, but the FSF figures that those guys are big enough and powerful enough to tell anyone crippling their systems with DRM to fuck off.

      If you really are running a mainframe, I'd guess you'd be big enough and rich enough and old enough to tell your software vendors to fuck off if they want to inflict software on you that you disapprove of...

    21. Re:"consumer products" only by Belial6 · · Score: 1

      Bricking devices via bad firmware is only caused by either bad design, or the company deciding they wanted to save a few dimes per unit. I don't know what ZyXEL sells their equipment for, but for them it may or may not have been the right choice not to produce robust hardware.

      To make a device that is unbrickable via a firmware flash, the device simply has to have a minimal firmware in an extra ROM that is enough to boot the device into a flashable state, and a mechanism to make the device boot to the alternate firmware.

    22. Re:"consumer products" only by Lulu+of+the+Lotus-Ea · · Score: 1

      WTF? Why shouldn't you have the right to modify GPL code on your IBM mainframe?!

      Sounds like big-time FUD to me.

    23. Re:"consumer products" only by olehenning · · Score: 1

      The lesson here is don't try and build a product using GPL software because if RMS decides that you don't fit their philosophical outlook they will jerk they will change the license to make you conform to their ideal. Of course... Did you expect them not to change what they considered to be flaws in the liscence? If their own product does not fit their philosophy and if difficulties arise, they will do something about it. Any producer of any product whether it is free or proprietary, software of hardware will make the necissary alterations for their product to fit their policy.

      What percentage of Tivo customers are upset that they can't hack their Tivo? That's beside the point. What percentage of software users of any kind modify the code? The percentage is relatively low, but the few who do have an enormous impact. And it's not really relevant that few people want to hack their Tivo. What's important is that people should have the choice to do so.

      The inability to run modified code also means an increase in the security of a Tivo placed on the network. Yes that must be why so many products that cannot run modified code are flawless in terms of security... oh wait!

      Then you have to wonder what this will do to Linux Cell phones. It shouldn't have to do anything to Linux cell phones. The question is what the producers of Linux cell phones will do to their products. It's on their head, not the Free Software Foundation.
    24. Re:"consumer products" only by maxwell+demon · · Score: 1

      The lesson here is don't try and build a product using GPL software because if RMS decides that you don't fit their philosophical outlook they will jerk they will change the license to make you conform to their ideal.

      The licensing conditions of GPLed code you already obtained cannot be changed. If you received the code under GPLv2, you can use it under GPLv2 indefinitely. You might not be able to use newer versions licensed only under GPLv3, but it doesn't in any way change your rights on the GPLv2 code you already got. You could even fork the code for a separate GPLv2 branch.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    25. Re:"consumer products" only by Anonymous Coward · · Score: 0

      AFAIK, nothing says in the GPL that vendors have to support software modified by end users.
      Also, it would be easy for Tivo to issue patches or updates that can be applied to unmodified systems only (actually, I would be surprised that they do otherwise, but I'm not a Tivo user, so I would not know).

    26. Re:"consumer products" only by Anonymous Coward · · Score: 0

      Not true.

      They know very well if a customer has flashed the device... and they don't replace it.

    27. Re:"consumer products" only by morcego · · Score: 1

      they want to devalue software by opening up the source so that services dominate.


      Actually, I think they want to focus on "service" because they get a higher profit margin there.

      --
      morcego
    28. Re:"consumer products" only by Hatta · · Score: 1

      It's just all to simple. Manufacturers should be allowed to do whatever they want with their products.

      If it were all that simple we'd all be using the BSD license. The whole point of the GPL is to ensure that manufacturers are allowed to do whatever they want with their products, so long as the consumer can too. The free market is actually pretty bad at securing the rights of the individual.

      --
      Give me Classic Slashdot or give me death!
    29. Re:"consumer products" only by Ohreally_factor · · Score: 1

      That's the whole point, imho. I don't think it's the right way to go about it, as (again, imho) a software license should cover software and not cover control of hardware. Instead, the DMCA should be struck down. But what do I know?

      --
      It's not offtopic, dumbass. It's orthogonal.
    30. Re:"consumer products" only by bheer · · Score: 1

      It isn't so (AFAIK, but I'm pretty sure on this), margins on software products are quite a bit higher than software services. Especially since the Indian software providers got into the game (Wipro charged GE $15/hr for a mainframe app maintenance project, apparently) margins on software services are nowhere what they used to be. Compare this to a dollar of revenue that say Notes brings in for IBM -- it's almost pure profit, Notes recouped its sunk cost years ago (even counting acquisition costs).

      It does however become a numbers game where your revenues go up almost predictably in response to the sales pipe and the number of warm bodies you have. Hence the huge rush to go to India/China/Chile/wherever to add as many warm bodies as possible (even Indian companies are going to China/Chile because they know their need for warm bodies cannot be satisfied by Indian developers alone).

    31. Re:"consumer products" only by bheer · · Score: 1

      Thanks for the link. Would you know if merely putting a AGPL-licensed program on a webserver is tantamount to "distribution"? Or do you have to formally open it up for the public in some way?

      > 'RMS fanboys' might be angry with you because you repeatedly call them names

      Heh, the whole idea is to anger them, there's nothing more fun than to watch an idealist's righteous indignation. :-)

      Although I ought to clarify that I don't think they're knowingly pandering to IBM/Google, they're simply treating folk who contribute to OSS with respect. Nothing wrong with that, but given that the FSF is so holier-than-thou it does sort of invite the "shill" accusation.

    32. Re:"consumer products" only by cparker15 · · Score: 5, Insightful
      As a free software advocate (some may say zealot), this is where I cannot support the actions of the FSF. This exception is extremely hypocritical. Part of the GPL spirit has been freedom for everyone, regardless of tax status. I agree with the root comment, only it's not just RMS who is thinking this way, as RMS isn't the sole author of GPLv3. The FSF officially stating that Tivoization is okay in any circumstance does not set a good example. They might as well be saying, "Yeah, we love freedom, but only most of the time."

      Regardless of how you look at it, Tivoization turns free software into proprietary software. The FSF is blessing this. What happened to the Four Freedoms?

      Quotes from two prominent FSF essays (emphasis mine):

      1. The freedom to run the program, for any purpose (freedom 0).
      2. 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.
      3. The freedom to redistribute copies so you can help your neighbor (freedom 2).
      4. 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.
      A program is free software if users have all of these freedoms.
       
      ...

      The freedom to use a program means the freedom for any kind of person or organization to use it on any kind of computer system , for any kind of overall job, and without being required to communicate subsequently with the developer or any other specific entity.
       
      ...

      Free software is about freedom, and enforcing the GPL is defending freedom. When we defend users' freedom, we are not distracted by side issues such as how much of a distribution fee is charged. Freedom is the issue, the whole issue, and the only issue.
      My question for the people at the FSF who've made the decision to allow the tivoisaztion exception: What happened?
      --
      Have you driven a fnord... lately?

      You must wait a little bit before using this resource; please try again later.

    33. Re:"consumer products" only by jshriverWVU · · Score: 1
      "Also, what happened to closing the ASP loophole?"

      What is the asp loophole?

    34. Re:"consumer products" only by LWATCDR · · Score: 1

      The inability to run modified code also means an increase in the security of a Tivo placed on the network.

      Yes that must be why so many products that cannot run modified code are flawless in terms of security... oh wait!

      Funny but I was sure I said increased the security at no time did I say it was flawless. Even so exactly what devices that can not run modified code have ever been infected with a virus, trojan, or worm? I have seen security issues in some routers but not the executing of malicious code.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    35. Re:"consumer products" only by wykthorr · · Score: 0

      If you don't feel comfortable with a manufacturer's policy you can just switch.

    36. Re:"consumer products" only by entropy_uc · · Score: 1

      What percentage of Tivo customers are upset that they can't hack their Tivo?

      I don't care that I cannot hack my Tivo.

      I do care that the current system allows Tivo to change my system's features at any time, without my permission

      I paid fully for both my system and the lifetime schedule data. I should decided whether I want to accept a change to my hardware or not. Today I do not have that option. It's entirely possible that Tivo will choose to revoke a current feature of my system at some future date. That is unacceptable to me, and I should have the right to over ride any update to the system.

    37. Re:"consumer products" only by palewook · · Score: 1

      about the only way to get part of the dmca struck would be congress (wont happen - see pacs) or the court system (which gpl3 could force). and if nobody challenges it in court, then gpl3 settles for enforcing a greyzone standoff. unfortunately in these times, some fights can only be won in increments.

    38. Re:"consumer products" only by Ohreally_factor · · Score: 1

      For example, I know guys who have IBM x-Series workstations and servers running at home. Does this mean IBM can't tivoize the x-Series? Arrrrgghhh!! My big iron set top box just crushed my TV set! I hate when that happens.
      --
      It's not offtopic, dumbass. It's orthogonal.
    39. Re:"consumer products" only by Hatta · · Score: 1

      Only if there's a manufacturer with a tolerable policy. There often isn't.

      --
      Give me Classic Slashdot or give me death!
    40. Re:"consumer products" only by DragonWriter · · Score: 1

      Regardless of how you look at it, Tivoization turns free software into proprietary software.


      I don't think it really does. It restricts what a particular piece of hardware will run, not what you are allowed to do with the software. It would seem more consistent with the rest of the (old) GPL to acheive the kind of openness against "tivoization" sought to require hardware that incorporates free software to have likewise open design (the equivalent of hardware "source"), but Tivoization doesn't restrict software freedom anymore than distributing binaries of open software on read-only media does, the issue with tivoization is not "software freedom" but something that extends beyond that.

      But, that aside, I agree with you that the inconsistency here reveals that the GPLv3 isn't being driven by any coherent vision of "freedom" whether in the sense of software freedoms or something more expansive.
    41. Re:"consumer products" only by Ohreally_factor · · Score: 1
      We had to sacrifice freedom 0 to preserve freedom 0.

      Benjamin felt a nose nuzzling at his shoulder. He looked round. It was Clover. Her old eyes looked dimmer than ever. Without saying anything, she tugged gently at his mane and led him round to the end of the big barn, where the Seven Commandments were written. For a minute or two they stood gazing at the tatted wall with its white lettering.

      "My sight is failing," she said finally. "Even when I was young I could not have read what was written there. But it appears to me that that wall looks different. Are the Seven Commandments the same as they used to be, Benjamin?"

      For once Benjamin consented to break his rule, and he read out to her what was written on the wall. There was nothing there now except a single Commandment. It ran:

      ALL ANIMALS ARE EQUAL
      BUT SOME ANIMALS ARE MORE EQUAL THAN OTHERS


      After that it did not seem strange when next day the pigs who were supervising the work of the farm all carried whips in their trotters. It did not seem strange to learn that the pigs had bought themselves a wireless set, were arranging to install a telephone, and had taken out subscriptions to John Bull, TitBits, and the Daily Mirror. It did not seem strange when Napoleon was seen strolling in the farmhouse garden with a pipe in his mouth-no, not even when the pigs took Mr. Jones's clothes out of the wardrobes and put them on, Napoleon himself appearing in a black coat, ratcatcher breeches, and leather leggings, while his favourite sow appeared in the watered silk dress which Mrs. Jones had been used to wear on Sundays. I'm not sure if this quote applies, but I am always suspicious when people want to take away freedom in order to protect it from some big bad external threat.
      --
      It's not offtopic, dumbass. It's orthogonal.
    42. Re:"consumer products" only by zotz · · Score: 1

      "The ban on tivoization applies to any product whose use by consumers, even occasionally, is to be expected. GPLv3 tolerates tivoization only for products that are almost exclusively meant for businesses and organizations."

      Without thinking deeply about it yet, this business exception bothers me as well.

      Any one seen any discussion on how this impacts partnerships and sole proprietorship's?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    43. Re:"consumer products" only by morgan_greywolf · · Score: 1

      Thank you. I agree, and that was the point I was trying to illustrate.

      If you've got enough money, IBM (or one of its resellers) will be more than happy to sell you one of their high-end workstations or servers. Ditto for countless other purveyors of enterprise-class equipment.

    44. Re:"consumer products" only by tkinnun0 · · Score: 2, Insightful

      There is a vision, but it's so far out there that the only way to bring it into actuality is to do it in small, incremental steps. This inconsistency is one such step.

    45. Re:"consumer products" only by Anonymous Coward · · Score: 0
      Does TIVO have a "terms of use" you have to agree to before using it? If so, does this include any clause that says you must accept system updates and that they have the right to change the service as they see fit?


      IMHO, the fundamental problem here is that too many people are willing to simply click the "i agree" button without reading it. Many many people claim using a Tivo is simpler than MythTV so that's why they bought one, and that is totally fine, but it seems disingenuous to come back later and demand the same rights as we MythTV users have from a company that has always said they will not give you that right, from the day you signed up.


      As the hackneyed old saying goes "freedom is not free", using Linux and MythTV may cost you more money up front in time and effort, but in the end you bought your freedom.

    46. Re:"consumer products" only by kscguru · · Score: 1

      The freedom to use a program means the freedom for any kind of person or organization to use it on any kind of computer system
      Fine. I want gcc to run on my ancient Apple IIe. The FSF seems to believe I have as much right to run gcc on my Apple IIe as someone else has to run modified Linux on their TiVo.

      The reason I dislike all this anti-tivoization junk in GPLv3 is that it's absurd - to the point of being comical - in terms of real hardware's limitations. How is a TiVo box any different from my toaster oven? Neither was designed to run hacked-up Tivo software. It's like giving a blind man the right to read or giving a man the right to be pregnant - the right is so totally absurd that it only looks stupid, yet the FSF is patting themselves on the back for doing so.

      If you want a modified TiVo box, build your own hardware. GPLv2 was already sufficient to guarantee access to the source code. So what if it can't run on one brand of box? Build your own. What is the obsession with TiVo hardware about, anyway? Why is it that (legally) modified TiVo software MUST run on genuine TiVo hardware? - because you've already got the right to run it on other hardware because of GPLv2. Why is anything in GPLv3 required? I see no reason; GPLv3 exists only to force cheaper-than-a-computer hardware to be open so that cheapskate hackers can get ever-cheaper computers.

      I read the FSF paragraph above as stating that freedom is the opportunity to port free software to any computer system. I see nothing that suggests freedom is that every computer system must be open to having free software ported to it - yet these TiVo clauses attempt to create such a right. I find it a distortion of otherwise sane FSF beliefs.

      --

      A witty [sig] proves nothing. --Voltaire

    47. Re:"consumer products" only by jhantin · · Score: 1

      The best rationale for allowing "tivoization" I can think of is in environments like gaming where there is generally a regulatory requirement that the box (a) won't come up unless all signatures pass muster, and (b) enforces jurisdictional policy. A number of electronic gaming machines run Linux, and an anti-tivoization constraint would put manufacturers in a regulatory double-bind.

      In any case, the business-product restriction has nothing to do with how the acquiring business is organized -- it's a question of the intended use of the product. Vanishingly few people buy electronic gaming machines for purposes other than to operate them as a business.

      --
      ...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
    48. Re:"consumer products" only by tkinnun0 · · Score: 1

      Sure, but it will still cost them to check. Whereas you've already paid your money and bricked your device; pleading your case, bitching and threatening lawsuits for 1 hour to a 1-800-number won't cost you a thing.

    49. Re:"consumer products" only by Ohreally_factor · · Score: 1

      No, it can happen. It would just take a lot of work and organizing. The upside would be that you wouldn't need to put your license thru contortions that ultimately compromise your principles. Perhaps some fights can only be won incrementally, but I don't count it as a win when you are incrementally giving up your principles.

      The beauty of GPL 2 is that it paradoxically and quite beautifully used the proprietary tool of copyright to protect freedom, sharing, and cooperation, and it did so by offering a quid pro quo. You gave up a little and gained a lot. I don't see anything beautiful or equitable or balanced in the GPL 3 anti-Tivo provisions. If contractual language is anything like microcode, GPL 2 is an elegant solution, while GPL 3 is an ugly brute force hack that might come back to bite us all on the ass.

      --
      It's not offtopic, dumbass. It's orthogonal.
    50. Re:"consumer products" only by ClosedSource · · Score: 2, Insightful

      Here's an alternate theory: Kissing IBM's ass is more productive than kissing Tivo's.

    51. Re:"consumer products" only by ClosedSource · · Score: 1

      "To make a device that is unbrickable via a firmware flash, the device simply has to have a minimal firmware in an extra ROM that is enough to boot the device into a flashable state, and a mechanism to make the device boot to the alternate firmware."

      Great. The result is that you can run the "minimal firmware" which for most consumers is still a brick. They would have to re-download the original image. It's still adds to maintenance costs.

    52. Re:"consumer products" only by jonbryce · · Score: 2, Insightful

      It's quite simple really.

      You buy a Tivo, which contains free software.

      You decide there is a feature in the Tivo which you don't particularly like - maybe not being able to skip ads or something, and you decide you want to change it. Free software gives you the right to change things you don't like.

      Tivo give you the source code, and a licence which allows you to modify it, but if you try to actually do so, your tivo box won't run it, because the binary code isn't signed by Tivo. In other words, you have received free software where in reality you aren't allowed to change it.

    53. Re:"consumer products" only by zotz · · Score: 1

      There has to be another way to handle this issue that does not require the non-Free aspects to kick in.

      Even if it is just a light that shows then "blessed" code is running and does not show when non "blessed" code is running.

      (one of the first things that popped into my head, but still. the rest were not as simple.)

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    54. Re:"consumer products" only by Belial6 · · Score: 1

      The cost of hosting the full official firmware on the web is basically nothing. The minimal firmware is definitely NOT a brick, as it doesn't require special tools to correct the bad firmware flash. It only requires that the customer download the official firmware, and reflash. Heck, the cost of hosting this file can easily be out weighed by the cost of dealing with customers who are calling because they have run into a bug in your firmware, and you don't have an mechanism to correct it. So, no, it does not add to maintenance costs in any but the most negligible ways, and in fact could save large amounts in both real costs and reputation if a serious bug ships with your equipment.

      To say that a device booting into a recovery mode is that same as it being bricked is simply absurd.

    55. Re:"consumer products" only by ClosedSource · · Score: 1

      "To say that a device booting into a recovery mode is that same as it being bricked is simply absurd."

      Which is why I never said it.

      "Heck, the cost of hosting this file can easily be out weighed by the cost of dealing with customers who are calling because they have run into a bug in your firmware, and you don't have an mechanism to correct it."

      The ability to "flash" program devices has led to a significant drop in the quality of embedded firmware in recent years. When correcting bugs meant having the customer return a system or having a technician come out to fix it, there was a much greater effort to "do it right the first time".

    56. Re:"consumer products" only by Mateo_LeFou · · Score: 1

      The fact that Google and IBM have a more sophisticated understanding of free software and its value does not "invite the shill accusation". Nor does it invite the other names you call the FSF here: "idealist" (which you seem to understand as a pejorative term?), and "holier-than-thou".

      --
      My turnips listen for the soft cry of your love
    57. Re:"consumer products" only by Belial6 · · Score: 1

      Which is why I never said it.

      The result is that you can run the "minimal firmware" which for most consumers is still a brick.

      What do you think the point of having a "minimal firmware" is, if not to get the device working enough to correct the problem?

      The ability to "flash" program devices has led to a significant drop in the quality of embedded firmware in recent years. When correcting bugs meant having the customer return a system or having a technician come out to fix it, there was a much greater effort to "do it right the first time".

      The reason that the ability to flash program devices "has led to a significant drop in quality" is because the manufacturer can produce a product dramatically cheaper and generally have little to no problems with it. If a major problem does crop up, they can fix it. So, basically your point about lower quality firmware directly counters your argument about increased support cost, unless your going to use the argument that shifting the cost center in a company improves a products profitability. No code can be assured of being 100% bug free. As you get closer to 100% confidence, the cost of testing gets exponentially higher. After all, if not allowing up dates improves quality of code, you should support that in every place that code goes. Would you want a video card that couldn't receive driver updates? How about a network card, or your OS?
    58. Re:"consumer products" only by bheer · · Score: 1

      It's not pejorative, it's funny. But yeah, even you sound like your sacred cows haven't been gored in some time, you commie-lovin' dirty GNU hippie :-)

    59. Re:"consumer products" only by xappax · · Score: 1

      I see nothing that suggests freedom is that every computer system must be open to having free software ported to it - yet these TiVo clauses attempt to create such a right.

      Wrong, this has nothing to do with porting code to new platforms. The intention of the GPLv3 clause is to ensure that a hardware device that's already running GPL software will also run modified versions of the software.

      The issue is intent. If I make a hardware device that runs Linux and it crashes when you upload some weird-ass, corrupted kernel, I'm not breaking the GPLv3, you're just a crappy hacker. If, however, I want to deliberately create hardware mechanisms to ensure that no binaries other than the one I made will run, then I'm not allowed to use GPLv3 code on that hardware.

    60. Re:"consumer products" only by wall0159 · · Score: 1

      Yes, but the exact same thing can be said of DRM. It actually *does* open up new market possibilities - renting - which are not possible without DRM. I hate DRM as much as the next shashdotter (I haven't been shopping at ITMS for that reason), but for a rental music market, DRM is a necessity.
      Similarly, tivoisation can subsidise the cost of the hardware. The buyer is effectively trading some of the freedom of the purchased device in return for a cheaper purchase price. The Tivo isn't a general purpose computer (or at least, is not sold as such), so a buyer using it as such eats into Tivo's revenue stream* - in much the same way as it does if you buy an Xbox360, erase it and install Linux (hence not buying games).
      I guess if the user is *informed* about the decisions they're making (ie. selling their freedom) then it's not so bad, but perhaps the GPL3 is attempting to protect ignorant/clueless users. Maybe this is why they don't protect business, because they assume they can look after themselves.

      *I assuming that Tivo make money from Tivo users even after the purchase of the device. I know there's the subscription, for starters.

    61. Re:"consumer products" only by dangitman · · Score: 1

      Tivo give you the source code, and a licence which allows you to modify it, but if you try to actually do so, your tivo box won't run it, because the binary code isn't signed by Tivo. In other words, you have received free software where in reality you aren't allowed to change it.

      Of course you are allowed to change it - you just did. Just because it won't run now, doesn't mean you aren't allowed to change it. I could re-write GPL software so it won't work anymore on my computer. Would that be a violation? Should my computer be forced to run any software, not matter how broken it is?

      --
      ... and then they built the supercollider.
    62. Re:"consumer products" only by ClosedSource · · Score: 1

      You've never heard of the concept that the later in the process you discover a bug, the more expensive it is to fix?

    63. Re:"consumer products" only by jhantin · · Score: 1

      There is a Nevada regulatory requirement (PDF, see section 1.080.2a) that a gaming device must refuse to execute non-blessed code. While this would conflict with anti-tivoization language, it isn't necessarily the author's choice, and it need not conflict with the spirit of Free software: if you want to put your modified code in a gaming device in front of real customers, just get your friendly local regulatory agency to sign off on your modifications. The regulators' mission is to keep everyone honest, not stifle development.

      --
      ...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
    64. Re:"consumer products" only by Belial6 · · Score: 1

      Sure, and when you sabotage yourself by building an fixable product, it gets even more expensive.

    65. Re:"consumer products" only by aussie_a · · Score: 1

      Same thing can happen to Tivos, but GPLv3 forces tivo to allow it to happen, whereas ZyXEL (assuming its only for businesses) isn't forced. Seems unfair to me.

    66. Re:"consumer products" only by Anonymous Coward · · Score: 0

      > My question for the people at the FSF who've made the decision to allow the tivoisaztion exception: What happened?

      My guess is, someone brought up the idea of an ATM running on Linux.

      We should be carefull with the "freedom to adapt it to your needs" on such a system. My needs are probably different from yours, since my bank account number is different :-)

      Regards,

      Frans.

    67. Re:"consumer products" only by zotz · · Score: 1

      So, what is needed is some sort of removable hardware, that is obvious from the outside that it is gone, that makes the gaming machine a gaming machine, when installed and not a gaming machine when it is missing??? Anything device without that piece is not allowed to be out before the public?

      Someone from Upper Somewhere buys and old gaming machine, takes it to his country, puts it in his den, can remove this bit of hardware and have fun reprogramming.

      "if you want to put your modified code in a gaming device in front of real customers"

      And how are you to test this code? It will not run on the machine for testing...

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    68. Re:"consumer products" only by gulikoza · · Score: 1

      But the banks are not distributing Linux if they run it on their ATMs. And so are not bound by GPL, they don't even need to disclose the source (like Google for example). Therefore there should be no need for this exception.

    69. Re:"consumer products" only by bensch128 · · Score: 1

      It is unfortunate that RMS is trying to mandate a license on a economic point. While I understand that he wants to prevent GPL'ed software from running on ALL tivo'zed devices, the DRM in this case is more of an economic barrier then a freedom to choose barrier. Tivo's economic model is to subsidize the price of the hardware by forcing it's users to buy their TV services. Should the GPL really be used to mandate economic models?

      Maybe Tivo is in the wrong here by trying to use technical means to prevent people from using their devices instead of legal/contractual means. Maybe preventing tivoization is a good idea to encourage tivo to change the means it uses to discourage hardware freeloaders.

      Any comments?
      Ben

    70. Re:"consumer products" only by Cyno · · Score: 1

      You're no zealot. Zealots support Free Software even when the alternatives are better, for ideological reason. Since the FSF did not diverged from its ideology I do not understand your reasons for leaving. But I honestly don't believe you were a zealot, because I am.

      BTW, you know you're wrong about the FSF blessing DRM, they clearly prevent it from interfering with those 4 Freedoms, so what's your problem? Did you bother to read the license? Its says if you convey a covered work you waive any legal power to forbid circumvention of technical measures, and in addition to that it says 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.

      This is what Tivo can't tolerate and what real honest to goodness zealots of Free Software, like me, absolutely love about the FSF. They deliver.

    71. Re:"consumer products" only by Cyno · · Score: 1

      Do you miss your 30-second skip feature?
      What about the ability to edit past recordings? D'oh, don't believe they ever had that one.. Awww
      How much you pay for that thing? :)

    72. Re:"consumer products" only by Cyno · · Score: 1

      But if the banks do happen to get a Tivoized ATM from a third-party they could excersize the GPLv3 for any GPLv3 covered works to inspect, enhance and fix possibly intentional security vulnerabilities. Something everyone choses not to think about today. No one pay attention to the nekkid emperor.

  3. Interessing by franksands · · Score: 2, Interesting

    Stallman always talks about freedom and all that, but what if I want to write a new DRM system? The software license should not tell you what you can or cannot code.

    In a more /. speak: In GPL3 land, the license programs you!

    I am completely against DRM, but I am completely in favor fo free will. People should have the right to code whatever they want. Ok, obviously, GPL3 is not compulsory, so you can release things in GLP2 if you want, but this does not change the fact that version 3 is removing freedoms from you, and not adding new ones.

    1. Re:Interessing by franksands · · Score: 1

      Ok, sorry for the typos, but my point is still vaid.

    2. Re:Interessing by budword · · Score: 5, Insightful

      You are free to code any damn thing you want. If you use GPLv3 code you need to respect the wishes of the writers of that code, code you use for free. Release your own code under any damn license you want to. It's yours. If you don't like the terms of GPLv3 then don't use it, and certainly don't complain about code others wrote and gave to you without cost, asking only that you return the favor, and release any improvements you DISTRIBUTE back for others to use and improve. If you don't like GPLv3, just don't use it.

    3. Re:Interessing by 91degrees · · Score: 1

      You have every right to write a DRM scheme using GPL3 code. It's just that virtually any GPL DRM scheme requires you to also allow people to circumvent it.

    4. Re:Interessing by Anonymous Coward · · Score: 0
      From the summary:

      The manufacturers of these computers take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv3 ensures you are free to remove the handcuffs. It doesn't forbid DRM, or any kind of feature. It places no limits on the substantive functionality you can add to a program, or remove from it. Rather, it makes sure that you are just as free to remove nasty features as the distributor of your copy was to add them.
      Which freedom is GPL3 removing?
    5. Re:Interessing by dattaway · · Score: 1

      You can DRM using GPL3 all you want, but the code has to be free. Put that in your pipe and smoke it.

    6. Re:Interessing by Bandman · · Score: 1

      This likewise goes for several other software sources.

      If you don't like the free binary NVidia drivers, don't use them. Don't complain about drivers that someone else wrote and gave to you without cost.

    7. Re:Interessing by tokul · · Score: 1

      but this does not change the fact that version 3 is removing freedoms from you, and not adding new ones.
      GPL3 does not remove freedom from end users. It removes options that allow use of hardware to restrict rights of end users. To GPL Tivo is not end user. GPL end users are people that use Tivo products.
    8. Re:Interessing by skrolle2 · · Score: 2, Insightful

      Uh, what?

      You are free to code whatever you want, including a new DRM system.

      You are free to license your code with whatever license you want, including the GPL.

      If you release your shiny new DRM system under the GPL, you need to release the source-code for it. Releasing the source-code for a DRM system is a pretty stupid thing to do since it will make your DRM system a lot easier to circumvent. Why would you even consider releasing a DRM system under some sort of open source license?

    9. Re:Interessing by bheer · · Score: 1

      > Releasing the source-code for a DRM system is a pretty stupid thing to do

      Although Sun has a team working on it: http://www.openmediacommons.org/.

    10. Re:Interessing by john_sheu · · Score: 0

      Releasing the source-code for a DRM system is a pretty stupid thing to do since it will make your DRM system a lot easier to circumvent. Why would you even consider releasing a DRM system under some sort of open source license? I don't think the parent knows what he's talking about. Given the strength of the open-source coding philosophy, the only way to build a truly secure DRM system is an open-source approach.

      *snicker*
    11. Re:Interessing by bentcd · · Score: 1

      You can DRM using GPL3 all you want, but the code has to be free. Put that in your pipe and smoke it. This only means that DRM will need to be implemented in the way that DRM should have been implemented all along (to the extent that DRM should exist, anyway): it will need to make use of PKI to ensure that each consumer has his own key with which to unlock his licensed content. This key, not being part of the source code, means that the implementation can be open while the DRM can be bullet proof right up until the final conversion to analog.

      Interestingly, therefore, GPLv3 will tend to lead to the development of more robust DRM than we would otherwise have.
      --
      sigs are hazardous to your health
    12. Re:Interessing by skrolle2 · · Score: 1

      I actually thought about that, but realized that the GP probably only would be able to program a mediocre DRM system, and as such, he would be better off keeping it closed source. :-)

      Also, I don't think even the open source movement could build a truly secure DRM system. I know you're thinking of PGP, but that builds on mutually shared secrets and prevents an outsider to get access. DRM is flawed by design, since the "user" gets both the DRM system and the keys to it. If I can view it, I can copy it. End of story. :-)

    13. Re:Interessing by aichpvee · · Score: 5, Insightful

      I paid for NVidia binary drivers when I bought the video card. I'll complain about them as much as I damn well please.

      --
      The Farewell Tour II
    14. Re:Interessing by Nossie · · Score: 1

      then complain to nvidia not the hobbyists :P

    15. Re:Interessing by apodyopsis · · Score: 1

      from the parent:

      "If you release your shiny new DRM system under the GPL, you need to release the source-code for it. Releasing the source-code for a DRM system is a pretty stupid thing to do since it will make your DRM system a lot easier to circumvent. Why would you even consider releasing a DRM system under some sort of open source license?"

      Actually I think that way lies a *MORE* secure DRM system. In the same way that DES, RSA and others are well documented the security does not lie in obfuscated code, and secret modules but in a well designed system that is designed to be so computationally intensive that is it not worth attempting to reverse.

      Repeated real life examples, studies and common sense determine that the best security is achieved by letting people know what you are doing and designing it to be computationally difficult or near impossible.

    16. Re:Interessing by Vampyre_Dark · · Score: 3, Interesting

      You should see them on VISTA, you get a disclaimer that they are a work in progress, and aren't well suited for actually accelerating 3d graphics, and that you accept them as-is.

    17. Re:Interessing by skrolle2 · · Score: 1

      Repeated real life examples, studies and common sense determine that the best security is achieved by letting people know what you are doing and designing it to be computationally difficult or near impossible.

      Yes, that is generally true, but we are talking about DRM here, a technology that is fundamentally flawed. It works not by keeping secrets from outsiders, it works by keeping secrets from you, the end user. If you open source it, everyone can see exactly how it does this, and circumvent it.

      Ordinary DRM: You get the lock and the key, but in a black box.

      Open source DRM: You get the lock, the key, and the blueprints to the entire thing.
    18. Re:Interessing by apodyopsis · · Score: 2, Interesting

      Hmm. I see your point, and its a good one - but I disagree slightly.

      I view it this way :

      Ordinary DRM: You get the lock and the key, but in a black box

      Open Source DRM: You get the lock and the key, and the blueprints ~ but the extract the information in any meaningful way would require so much effort and computation as to render it impractical.

      This - of course - is *ONLY* valid is some portion of the control/key is performed elsewhere and returned, if it is all on the client then your point is totally valid and the system is as weak as an open book. But this is precisely the end format that the **AA's want, where all players have an online jack and request access. That way they enforce not the medium itself but the very way it is used and we promptly find ourself never actually owning our media content, but instead buying limited rights to watch it under terms and conditions that suit the copyright holders.

      This is a problem for me, as when I buy a film I like to think I am buying the rights to watch in however, whenever and how often I like.

      This is precisely why I am still contemplating and not buying third generation video players and HD - any player that wants to put itself online and check/revoke license keys is not welcome in my house.

    19. Re:Interessing by nagora · · Score: 1
      Releasing the source-code for a DRM system is a pretty stupid thing to do since it will make your DRM system a lot easier to circumvent.

      Yes, because having the source code to GPG has enabled me to break the 2048bit encryption it provides. Or not.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    20. Re:Interessing by dhasenan · · Score: 1

      Only to the extent that DRM software is released under GPLv3.

      And regardless of when you exchange keys, the end user always ends up with a plaintext that's difficult to copy, an encrypted text that's easy to copy, and a key that may be difficult to locate. As long as end users control their software, DRM doesn't stand much of a chance. And that is why TiVo DRM has a better chance at being effective than any DRM system that works on a regular computer.

    21. Re:Interessing by Anonymous Coward · · Score: 0

      It will increase your support costs, as a company, because some idiot will recommend to their friend to reflash your device or whatever to use some hacked crap code from the 'net and turn your device into a brick. Then the owner will send the device in complaining that "it joast broked whun I trud ta turn it owan".

      Of course, if the companies start charging for support instead of including some in the purchase, lots of people will be upset at that as well. GPLv3 does NOT look like a reasonable solution to a Tivo type company. So, you say that Tivo doesn't have to use Linux/GPLv3 stuff for their products. That's fine, too. They'll just (truthfully) spread the word that GPLv3 sucks and is worthless for consumer electronics and it will send Linux On The Desktop back to Linux in the Server Room and Linux In The Basement because of the increased liability that Linux/GPLv3 incurs.

    22. Re:Interessing by skrolle2 · · Score: 4, Insightful

      ...and another one who also fails to see the difference between DRM and encrypted messages. Come on people!

      With PGP (and GPG or whatever) your encrypted messages can be freely decrypted by the intended recipients, and outsiders can not because they do not have access to the key, and getting the key is a computationally burdening task.

      With DRM, you have both the encrypted content and the key. It works by hiding the key from you so that you cannot decrypt the content at will, and instead only under whatever circumstances the software requires for it to get the key from its hiding place to decrypt the content. At some point in time the DRM software will handle the decrypted content. If it is open source, you can find this place and insert your own code there, thereby circumventing the whole scheme.

      A popular tag for DRM articles on Slashdot is "defectivebydesign". This is not a buzzword or slogan or empty groupthink, it's actually true.

    23. Re:Interessing by eMbry00s · · Score: 2, Interesting

      Same reason for why we'd release anti-virus programs (Clam AV) or web servers (Apache) under open source licenses. It helps us continually improve the software, and helps us remove any flaws that are disclosed.

      DRM often works in this way: You have "the lock", your method, the software. This is what they want to work without flaws. Then they have "the key", which are some sort of crypto key. What they want is the usage of the lock and key to be unnoticable by the user. Letting people improve the lock does not mean you give people access to the keys.

    24. Re:Interessing by skrolle2 · · Score: 1

      Open Source DRM: You get the lock and the key, and the blueprints ~ but the extract the information in any meaningful way would require so much effort and computation as to render it impractical.

      You're not thinking this through.

      For a DRM system to work, it has to be able to take encrypted content and display it (decrypt it) under specific circumstances. To simply view my content, the system cannot use an unreasonable amount of resources, i.e. it must be able to decrypt my movie (for example) in at least realtime when it is allowed to do so.

      Then you say that this open source DRM system should work such that even though I have the encrypted content, the key, and the source to the system, I should not be able to extract the decrypted content. ...but we already established that the source, that I have, is of a system that CAN decrypt the content, that I have, with the key, that I also have, in a reasonable time.

      Also, I see your point about having software that calls home and updates keys and blah blah blah, but those systems also do not escape the fact that at some point in time, in my own home, the DRMed content must exist in unencrypted form somewhere for it to reach my eyes and ears. It doesn't matter where any sort of key is kept, and it doesn't matter where the content is decrypted, at some place at some time, it is unencrypted. At that place, at that time, I can copy it. No exceptions.

      The whole HDMI/HDCP thing is just about moving that point away from your computer (which is easily hackable) into your TV (which is less easily hackable), but it doesn't change the fact that DRM is fundamentally broken. If I can view it, I can copy it.
    25. Re:Interessing by Hal_Porter · · Score: 1

      You can DRM using GPL3 all you want, but the code has to be free. Put that in your pipe and smoke it.

      What if I want to smoke cigarettes, or hand rolled blunts, or a hookah? Or not smoke at all? Stop oppressing me, fascist!

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    26. Re:Interessing by skrolle2 · · Score: 1

      Yes, and if you have the full source of "the lock", you know when and how it retrieves the key, when and how it uses the key. With the source, you are free to modify "the lock" so that it does something else when it uses the key. A copy of the content, for example.

      AV software and web servers are not defective by design, they do not require that their internal workings be kept a secret for them to work. The more open they are, the easier it is to find flaws and bugs and fix them. DRM software is defective by design. They "work" by hiding the method of decryption from the user. Open sourcing such a program would expose the method of decryption, thereby rendering the entire system useless.

    27. Re:Interessing by bentcd · · Score: 3, Insightful

      As long as end users control their software, DRM doesn't stand much of a chance. This comes very close to pointing out exactly why GPLv3 may help the development of truly effective DRM. Effective DRM needs to have all of its sensitive functions hidden away in difficult-to-access hardware but so long as developers can get sort-of-safe-enough solutions by writing sufficiently obfuscated software they will continue to do so. It's the easy solution after all. If GPLv3 helps to do away with this obfuscation, the only real way to go for DRM is by having consumer keys on smartcards, trusted hardware paths throughout the computer system, and access to the plaintext only at the very last link: user presentation. (Obviously, there are many problems to solve in getting there and they are difficult ones - hence why no one has bothered doing it yet.)

      Now, it may be that GPLv3 turns out to be entirely irrelevant for DRM since nobody uses it for DRM software anyway. My comments are based on the assumption that GPLv3 will have some effect, and my prediction is that if that happens then the effect will be to move DRM towards more robust solutions.
      --
      sigs are hazardous to your health
    28. Re:Interessing by mrchaotica · · Score: 1

      Also, I see your point about having software that calls home and updates keys and blah blah blah, but those systems also do not escape the fact that at some point in time, in my own home, the DRMed content must exist in unencrypted form somewhere for it to reach my eyes and ears.

      Sooner or later, that "somewhere" where the unencrypted content will be is the monitor itself. The trouble is though, that it would also be decompressed and separated from the audio, which means you'd have to manually re-sync and recompress it, resulting in a loss of quality. It's like the difference between using PlayFair/HYMN on your iTunes songs vs. redirecting the audio output to a file.

      This is still unacceptable, because everyone should have the right to de-DRM their media without decompressing or otherwise changing it.

      --

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

    29. Re:Interessing by skrolle2 · · Score: 1

      Sooner or later, that "somewhere" where the unencrypted content will be is the monitor itself.

      Yes? That's exactly what HDMI/HDCP does. Now. Today. Or would do, if those hardware vendors would just do what the entertainment industry tells them to do. Luckily for us, the whole thing is massively unpopular. :-)
    30. Re:Interessing by eMbry00s · · Score: 1

      With the source, you are free to modify "the lock" so that it does something else when it uses the key. A copy of the content, for example.
      Hah, you're completely right. I feel dumb for not thinking of that. What were the DReaM people thinking?
    31. Re:Interessing by dfghjk · · Score: 1

      If only the Tivo complainers would realize that's exactly what Tivo did.

    32. Re:Interessing by Egdiroh · · Score: 0

      If you don't like the terms of GPLv3 then don't use it, and certainly don't complain about code others wrote and gave to you without cost, asking only that you return the favor, and release any improvements you DISTRIBUTE back for others to use and improve. If you don't like GPLv3, just don't use it.
      The GPLv3 is looking for more. Tivo Distributes back the code they use. v3 is looking to make it so that Hardware distributed with and running GPL'ed code not prevent derivitive versions from working.
      In theory there already is a work around. A device manufacturer can make hardware with checksum checking, and then have the end user get a version of the code that matches the checksum. If the code that matches the checksum isn't tied to the hardware and is freely avaiable to all. Of course the ironic thing about that, is that the consumer would then be unable to sell the device without clearing the code, which depending on the devices setup might mean bricking the device. So in this way the GPL might prevent resale, which I don't think is the intent.
    33. Re:Interessing by FireFury03 · · Score: 1

      the only real way to go for DRM is by having consumer keys on smartcards, trusted hardware paths throughout the computer system, and access to the plaintext only at the very last link: user presentation.

      What you effectively need is a hardware "DRM module" into which you shove the encrypted data stream and the resulting clear stream is pushed straight along the trusted data-path and never gets read back in by software. The problem here is that you've basically implemented a hardware solution that's difficult to replace when your DRM gets cracked. You can't expect people to upgrade their computers every year when the latest DRM gets broken (and lets face it, the firmware in HD-DVD players is getting reverse engineered and cracked at a spectacular rate at the moment).

      DRM is fundamentally doomed - you're putting both the encrypted content and decryption system in the hands of a very large group of technically capable people who have plenty of motivation to break the system. Doing it in hardware makes things harder for the code breakers, but it also makes it harder to replace the system once it's broken.

    34. Re:Interessing by bentcd · · Score: 1

      You can't expect people to upgrade their computers every year when the latest DRM gets broken (and lets face it, the firmware in HD-DVD players is getting reverse engineered and cracked at a spectacular rate at the moment). If you implement the salient bits in flashable firmware, you can issue firmware updates when you need to plug a hole in the algorithm. You will probably also need to issue new keys, which is a bit of a drag when they're on smartcards, but that's just the price you pay for control.

      So long as you put the final decryption very close to the analog output (i.e. in the speaker), the number of vulnerable components should be small enough that it might be managable.

      DRM is fundamentally doomed - you're putting both the encrypted content and decryption system in the hands of a very large group of technically capable people who have plenty of motivation to break the system. Doing it in hardware makes things harder for the code breakers, but it also makes it harder to replace the system once it's broken. Anyone who wants to know how this is likely to pan out should probably be watching the ongoing war between satellite TV providers and the consumers who don't want to pay for satellite. They tend to have high-tech solutions and resourceful hackers working to thwart them, much like the situation should/will be for DRM.
      --
      sigs are hazardous to your health
    35. Re:Interessing by FireFury03 · · Score: 1

      If you implement the salient bits in flashable firmware, you can issue firmware updates when you need to plug a hole in the algorithm.

      If you make the device flashable then you open it up to the same problem that has plagued AACS - namely that it becomes possible to reflash the device with a modified firmware.

      Anyone who wants to know how this is likely to pan out should probably be watching the ongoing war between satellite TV providers and the consumers who don't want to pay for satellite. They tend to have high-tech solutions and resourceful hackers working to thwart them, much like the situation should/will be for DRM.

      It's a similar situation, but by no means the same. Satellite systems are mostly cracked by people who want free content and there are many different encryption schemes used since the platform operators get to choose which protection system to use. On the other hand, DRM schemes are fewer (e.g. HD content is all protected by AACS so the efforts of the code breakers are all directed at AACS) and many (most?) of the code breakers are people who want to make legitimate use of the content they rightfully own. I think both these factors will combine to make the attack against DRM systems far more intense than the attack against satellite encryption systems.

      Also, satellite platforms are generally locked down to a small number of pieces of hardware (whether that be a decoder or a CAM), making the chances of a poor implementation much smaller than other DRM'd content which, by it's nature, must be widely supported.

      I should also point out that whilest I respect the satellite platform operators' right to protect their content from copyright infringement, I feel that in some cases they have gone too far and are now preventing legitimate use of the content for the operator's gain. For example, BSkyB have cornered the market on DVB-S enabled PVRs in the UK because they are the only subscription satellite platform serving the region and they refuse to sell CAMs to enable 3rd party hardware to decode the stream. No other PVR manufacturer stands a chance to break into the DVB-S market because they cannot produce a device that can receive the more popular channels. Thus, BSkyB are doing a roaring trade on their own PVRs with no competition - an abuse of their market position and a clear conflict of interest.

      Personally I use MythTV as my PVR - I have a DVB-S card with which to receive the free-to-air channels, but all the free-to-view and subscription channels still have to be received through my official Sky decoder. There are (illegal) CAMs available that can decode the NDS VideoGuard data stream, but they are very expensive and there are no guarantees that they will continue working in the future. What is needed is regulation to prevent legitimately paid for content being tied to specific devices, but the government is so far under the thumb of large corporations that I can't see that happening any time soon.

    36. Re:Interessing by bentcd · · Score: 1

      If you make the device flashable then you open it up to the same problem that has plagued AACS - namely that it becomes possible to reflash the device with a modified firmware. Presumably, the reflashing procedure is protected by a secret key which may be unique for each device so not just anyone can do it (e.g. each owner receives a patch from the vendor that has been customised with his own specific device's license key and the patch is signed so that the hardware knows it's ok to write it to flash). This protection would need to be hardcoded in order to protect it from tampering (so if that breaks, one would have the problem you originally outlined). This will tend to be such a tight piece of code, however, that it shouldn't take many iterations to make it bullet proof. If a license key should get out in the wild, that key will be invalidated. This will affect one single (legitimate) device and so isn't much of a problem for the vendor.

      The only real problem with this scheme, I expect, is the insider threat. Large organisations are notoriously bad at keeping secrets and with a database of a million unique device keys, who's going to miss one single one? The opportunity for and temptation to leak keys will just be too great. And when it comes to entertainment, you only really need to obtain a new key every few months or so in order to de-DRM all the new products that have hit the market since your last leaked key got invalidated.

      As for satellite providers, I expect that once DRM matures, the real question becomes how feasible it is to break (or social engineer your way) into the hardware-based key materiel (whether smartcard based or other), hence my comparison. I do agree that the attacks on smartcards et al are likely to greatly intensify should DRM start to make use of them. Which should be interesting to watch :-)
      --
      sigs are hazardous to your health
  4. Re:The GPL: Intellectual Theft...NOT! by DJ_Maiko · · Score: 1

    I don't see how you consider it "intellectual theft." You were perfectly willing to use a Free Open-Source Software solution & its kernel to you & your company's competitive advantage but not willing to post the source code of your "hard work?" This implies that the folks who built the kernel, or modified it before you, didn't put in any "hard work" into the project you were so willingly & ready to exploit for your own competitive advantage. It's like the old saying, "you can't have your cake & eat it too." You seem like a smart solution provider so I'm sure you've heard this before: RTFM!

    As a hardcore proponent of FOSS, it sounds like GPLv3 is a step in the right direction (admittedly, though, I don't know all the hidden nuances) as it seems more conducive to creating a community of free software. To me, folks that keep cowering under their Windows-only "solutions" just don't see the larger picture. It's more than "look at me, I created this & I'm hoarding it all." It should be more about, "sure I created this, but who else will make it better (& maybe I can benefit from that down the road)." Once the masses start seeing that we ALL have more to gain through the GPL & FOSS, the world will be a better, more cohesive & more advanced place. Maybe it's just here in the States, but I see way too much of the "what can I take, exploit & hoard" mentality. I can only thank all the good folks who see beyond such a barbaric existence.

    --
    Live as if you were to die tomorrow. Learn as if you were to live forever. -Mahatma Ghandi
  5. "Microsoft's lawyers are not stupid...." by jkrise · · Score: 1
    From Stallman's piece:

    Microsoft's lawyers are not stupid, and next time they may manage to avoid those mistakes. GPLv3 therefore says they don't get a next time. Releasing a program under GPL version 3 protects it from Microsoft's future attempts to make redistributors collect Microsoft royalties from the program's users. Someone knows what these 'mistakes' are? Does it mean Novell's lawyers were stupid / pretending to be fools... in order to confuse the Free Software market?
    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:"Microsoft's lawyers are not stupid...." by babbling · · Score: 2, Insightful

      Their agreement with Novell requires them to distribute GPL'ed software, but the GPLv3 will not permit them to do so unless they agree not to use their patents against other GPLv3 software.

    2. Re:"Microsoft's lawyers are not stupid...." by Anonymous Coward · · Score: 0

      That refers to the mistakes in GPLv2 that allowed Microsoft's lawyers to make the Novell deal without literally violating GPLv2.

    3. Re:"Microsoft's lawyers are not stupid...." by init100 · · Score: 1

      Someone knows what these 'mistakes' are?

      I'd say he is referring to the fact that the Novell-MS vouchers don't have an expiration date, possibly making Microsoft end up as a distributor of GPLv3 software, which would automatically grant unlimited patent licenses to all recipients of this software for patents covering the (GPLv3) software they distribute.

  6. GPLv3 anti-business by aussie_a · · Score: 0, Troll
    Y'know I've seen the trolls here say things like "the GPL is anti-business" and "it wants to bring down big business" and I've thought "alright, they're simply trolls, I'll ignore them." However Stallman's own words show the truth in the words of these so-called trolls (although they might still be trolls, that doesn't mean they're wrong):

    GPLv3 tolerates tivoization only for products that are almost exclusively meant for businesses and organizations. So apparently Stallman doesn't think owners of businesses deserve the same rights and protections that consumers get. I guess Stallman doesn't people who buy things for their business deserve these same rights, because after all, business owners don't deserve the same freedoms they have in their own personal transactions as they do in their business transactions. Sounds pretty anti-business to me.

    Microsoft made a few mistakes in the Novell-Microsoft deal, and GPLv3 is designed to turn them against Microsoft So not only does the GPL v3 not grant business owners the same rights as consumers have, it is also designed to hurt a very specific business. That sounds pretty anti-business to me.

    Megacorporations collect thousands of patents, and use those patents to bully smaller developers. A shame Stallman doesn't seem to realize these smaller developers he's worried about, can include small businesses. Otherwise he might have fought to have them given the same protections as consumers. As it is, Stallman's apparent anti-business agenda thwarts some of his claimed goals. I've fought and defended the GPL here against people who came to denounce it, and I hope someone will come along and explain to me why I'm wrong. But until someone does, I'm seriously reconsidering my support for the GPL.
    1. Re:GPLv3 anti-business by Fred+Ferrigno · · Score: 3, Insightful

      So apparently Stallman doesn't think owners of businesses deserve the same rights and protections that consumers get. Well, when you put it like that, it sounds pretty good to me.
    2. Re:GPLv3 anti-business by aussie_a · · Score: 3, Interesting

      Right, so let's say your local comic shop wants to buy an automatic transaction system for its inventory. Now there's lots of closed source alternatives out there, but being a geek they want to support open source and perhaps modify it themselves and release their source code. They look for some free software versions and the only one they find is a system that comes with preinstalled on the hardware (which is pretty good because their current hardware needs replacement) and so they go to buy it, before they realize that they won't be able to modify it, because its been tivoized. If this geek were buying it for his home he would have protections from this tivoization under the GPL, but because its for his comic shop, he has no such protections. This is good, why?

    3. Re:GPLv3 anti-business by Ed+Avis · · Score: 3, Insightful

      Professor Moglen mentioned that in many cases businesses _want_ to buy locked-down hardware where they cannot change the software (perhaps for regulatory reasons). Most of the serious abuses and loss of freedom (such as imposing DRM with no way to disable it) occur in consumer products, so it's a reasonable compromise to make freedom an inalienable right for consumers, while allowing businesses a bit more rope to hang themselves with if they really want to use locked-down systems.

      --
      -- Ed Avis ed@membled.com
    4. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      In your example:
      - the translation system is GPLv3 free software, and it is only sold on some official hardware.
      - the shop owner is smart enough to modify the software for his own purposes and release the source, but this is prevented on the official hardware by some sort of DRM scheme.

      Surely the shop owner can download the source code, as per GPLv3 requirements, and compile it for any hardware. He isn't locked in to using the hardware sold by the translation systems company because the software is free. He gets a choice:

      - buy the official hardware; maybe he gets official support, but he can't easily modify the software because of the DRM.
      - download the source and build it himself: no support, but any DRM that might be present can be trivially and legally removed.

    5. Re:GPLv3 anti-business by aussie_a · · Score: 1

      He gets a choice Which is less choice then a consumer gets. That doesn't sound fair or right to me.
    6. Re:GPLv3 anti-business by aussie_a · · Score: 3, Insightful

      Professor Moglen mentioned that in many cases businesses _want_ to buy locked-down hardware where they cannot change the software Then these business are free not to remove the DRM placed on it by the distributor. Just as consumers are free to do.

      so it's a reasonable compromise to make freedom an inalienable right for consumers, while allowing businesses a bit more rope to hang themselves with if they really want to use locked-down systems. Not really. Why is it reasonable to allow consumers the choice on whether or not they circumvent the DRM but not give businesses that same choice?
    7. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      They haven't handled this issue well and it's my single point of contention with GPLv3. The withholding of keys should be permitted via an optional contractual override relating to a distributors obligations.

      There is no real distinction between 'consumer' and business items, the test case they use is also dubious. If I have the money I can currently buy almost any computer I want. When the GPLv3 goes into effect, companies may refuse to sell certain machines to private individuals.

      I wonder how Stallman doesn't see this one coming; individuals barred from purchasing equipment and with no ability to load modified code should these devices be purchased for them.

    8. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      Which is less choice then a consumer gets. That doesn't sound fair or right to me.

      I see what you mean. There is something here that isn't quite right. However, I think a better example might be a business product that can only run on particular hardware for some reason. A translation system would be portable: you'd take the source and build it on another machine, which (in terms of support and guarantees) would be exactly the same as modifying the hardware it is sold with. The vendor isn't going to support the product if the software has been changed: they won't support any third party builds, regardless of the hardware they run on.

      Perhaps GPLv3 embedded software within a lab instrument like a logic analyser would be a better example - even if you do recompile the software for a regular PC, it won't work without the ASICs/FPGAs that capture data. This is where it might be important to be able to load your own software on the original hardware.

    9. Re:GPLv3 anti-business by aussie_a · · Score: 1

      Regardless my example is one that is possible, given the GPLv3's criterion.

    10. Re:GPLv3 anti-business by jargon82 · · Score: 3, Interesting

      Being able to modify the pieces of code that control, say, tax reporting, is generally frowned upon (and might well make a point of sale system not legal to use in some locations.)

      This is not confined to the US, either.

    11. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      > Being able to modify the pieces of code that control, say, tax reporting, is generally frowned upon

      Then manual ledgers and accounts must also be outlawed?

      > This is not confined to the US, either.

      It's not confined to anywhere, it's the credit card companies. I say we buck the trend, not so much tax avoidance as avoiding the false economy completely. We should go back to trading directly in goods, have a cow man!

    12. Re:GPLv3 anti-business by tepples · · Score: 1

      The withholding of keys should be permitted via an optional contractual override relating to a distributors obligations. Then what prevents all the manufacturers in a given market from requiring the "optional contractual override" from each consumer as a condition of sale?
    13. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      No business buys a physical product based on the software inside only. If it's open source that is nice. Is the product ( the "tivo" ) suitable to their needs? If so, buy it, if not, don't.
      There is nothing in this world keeping someone else from kaing their own tivo, and *GASP* mythTV exists precisely for that reason.
      Everyone is all huffing an puffing about tivo, but they *do* put out all the sourcecode for all the opensource they use. Their core binaries that they devleoped themselves are not GPLed. Where's the problem here? You're welcome to take their toolchain, their source code, and their platform and write in the missing peices ( including their own firmware.... oh you don't know how to write firmware. sorry )

      People this is the flaw of GPL in the first place. This is why the BSD license will continue to win in the marketplace. Either it's free or it's not. Stop trying to split hairs.
      I love it how you all speak out of one side of your mouth about how DRM on music and movies is bad, but you will rally behind Stallman on his communist crusade to make source code be DRMed

      THINK about it.

    14. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      The fact that it's optional, that the user is not required to sign a contract to purchase a device or service.

    15. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      > This is why the BSD license will continue to win in the marketplace.

      Was that supposed to be funny?

    16. Re:GPLv3 anti-business by aussie_a · · Score: 1

      No business buys a physical product based on the software inside only. If it's open source that is nice. Is the product ( the "tivo" ) suitable to their needs? If so, buy it, if not, don't. There is nothing in this world keeping someone else from kaing their own tivo, and *GASP* mythTV exists precisely for that reason. Everyone is all huffing an puffing about tivo, but they *do* put out all the sourcecode for all the opensource they use. Their core binaries that they devleoped themselves are not GPLed. No consumer buys a physical product based on the software inside only. If it's open source that is nice. Is the product ( the "tivo" ) suitable to their needs? If so, buy it, if not, don't.

      Where's the problem here? That consumers are given more protections with GPLv3 then small business owners are. Having said all that, I think I've been trolled :(
    17. Re:GPLv3 anti-business by aussie_a · · Score: 1

      I am not anti-business. That is neither here nor there when discussing whether or not the GPL protects businesses the same way it protects consumers, which it clearly doesn't. I'm a bit confused as to what the point of your post is.
    18. Re:GPLv3 anti-business by aussie_a · · Score: 1

      Being able to modify the pieces of code that control, say, tax reporting, is generally frowned upon And is possible if it is used by a consumer. I don't see what the point is to raising this.
    19. Re:GPLv3 anti-business by Vexorian · · Score: 1

      Not really. Why is it reasonable to allow consumers the choice on whether or not they circumvent the DRM but not give businesses that same choice?
      I am thinking law is forbidding distributors from removing DRM. Thus it would be hard for the GPL to allow it for distributors.
      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    20. Re:GPLv3 anti-business by Hal_Porter · · Score: 1

      The vast majority of systems with a general purpose CPU are embedded systems. And the vast majority of those use a static linked binary. Which means if they use GPL software they'd have open source all the software in the box. Given that most people don't build systems from scratch - they buy in a closed source OS or other components from a third party, they can't do that.

      Mind you, I think most software for this sort of system is either developed in house or bought in from a third party who developed it in house.

      And even in the desktop PC market place, GPL software is pretty rare, <1% of the boxes run Linux

      http://www.thecounter.com/stats/2007/May/os.php

      Apache is doing pretty well against IIS. Mind you even there, IIS is growing faster

      http://news.netcraft.com/archives/2007/05/01/may_2 007_web_server_survey.html

      Some of the Apache numbers are due to open source parking.

      http://news.netcraft.com/archives/2007/04/04/open_ source_parking_spoofing_headers_to_benefit_apache. html

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    21. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      I think the point of wanting locked down hardware is that if you have corrupt employees, they cannot mess with it easily. "Freedom" to not remove the DRM does not address this.

    22. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      Was there any point to that?

      My WAP runs linux, storage devices run linux, phones run linux. How many devices run an OSS (rather than propriety) BSD?

      Your less than 1% number is also questionable, here's a UA string "Mozilla/5.0 (X11; U; WOPR; klingon) Gecko/20070602 BonEcho/2.0.0.4", here's another "Lynx/2.8.6 libwww-FM/2.14 SSL-MM/1.4.1 OpenSSL/0.9.8d". And no, TCP fingerprinting isn't going to work either thanks to packet normalization at my firewall.

      Everyone agrees BSD style licenses are good for web servers and certain libs. Now go and compare the numbers for web applications where GPL is clearly the preferred F/OSS license.

    23. Re:GPLv3 anti-business by jargon82 · · Score: 1
      I must have missed something? How does this apply to a consumer?

      I was referring to point of sale software, in my comment. In this case the end user is the business owner, and he/she does in fact gain rights by the fact that the vendor can control the software (to the point of not allowing it to be modified).

      While this may seem to go against open source thoughts and ideas, does it really? Even if it does, how long until a slashdot story about cash registers being insecure because they run windows, and everyone ranting they should actually run linux?

      Protections that allow some code like this to be unmodifiable (at least without setting off alarms) actually enable the consumer (in this case, business owners) to use OSS where otherwise they might not be able to due to regulations or similar requirements. This is, imo, a good thing.

    24. Re:GPLv3 anti-business by JimDaGeek · · Score: 1

      Business have the same choice. They can choose not to buy a product. It is a lot easier for business to organize through one of the organizations that they belong to, to not support a product than it is to get enough consumers to do the same to be effective.

      Most companies will be a member of some industry group. That industry group could very easily put enough pressure on a company selling a Tivoized product and get that company to ease up the restrictions.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    25. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0
      Then manual ledgers and accounts must also be outlawed?

      In some industries, yes. Asshole. Good luck complying with regulatory requirements.

    26. Re:GPLv3 anti-business by Hal_Porter · · Score: 1

      Your less than 1% number is also questionable, here's a UA string "Mozilla/5.0 (X11; U; WOPR; klingon) Gecko/20070602 BonEcho/2.0.0.4", here's another "Lynx/2.8.6 libwww-FM/2.14 SSL-MM/1.4.1 OpenSSL/0.9.8d". And no, TCP fingerprinting isn't going to work either thanks to packet normalization at my firewall.

      Even if all counter.com's 'Unknown' systems are running Linux, it's still less common than Windows NT or Windows 98, both of which are ignored by most software vendors these days.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    27. Re:GPLv3 anti-business by aussie_a · · Score: 1

      I was referring to point of sale software My apologies, it wasn't very clear for me. As for whether or not the software should be editable, if it is released under the GPL then it is editable, they just have to run it on non-tivoized hardware.
    28. Re:GPLv3 anti-business by aussie_a · · Score: 1

      You're mistaken, at least about what I'm saying. Let's have some definitions:
      Definition #1: Consuming person - a consumer that is an individual person. They will use the hardware and software sold to them.
      Definition #2: Consuming business - a consumer that is a business. They will use the hardware and software sold to them.
      Freedom X: A particular freedom defined in the GPLv3

      The GPLv3 gives freedom X to consuming person but not consuming business. Legally both consuming person and consuming business can have this freedom, but the GPLv3 only guarantees it for consuming person, not consuming business.

      Clearer?

    29. Re:GPLv3 anti-business by aussie_a · · Score: 1

      I think the point of wanting locked down hardware is that if you have corrupt employees, they cannot mess with it easily. "Freedom" to not remove the DRM does not address this. Then they are free to secure the hardware further themselves or hire someone else to. The same argument could be made for consumers, "I don't want a hacker to be able to break into my computer and modify my software!" The consumer is free to secure their computer further themselves.
    30. Re:GPLv3 anti-business by jargon82 · · Score: 1

      Exactly. Which may not be legal for a point of sale or some other regulated systems.

    31. Re:GPLv3 anti-business by aussie_a · · Score: 1

      Business have the same choice. Let's not muddy the waters. They have less choice then consumers.

      It is a lot easier for business to organize through one of the organizations that they belong to, to not support a product than it is to get enough consumers to do the same to be effective. Correction, it is easier for big business to organize through one of the organizations that they belong to, to not support a product. Little businesses quite often do NOT have this bargaining power to any greater degree then individual consumers.

      That industry group could very easily put enough pressure on a company selling a Tivoized product and get that company to ease up the restrictions. Provided enough members of the industry group thought it was worthwhile.
    32. Re:GPLv3 anti-business by aussie_a · · Score: 1

      Which may not be legal for a point of sale or some other regulated systems. Surely there exists non-tivoized hardware for these systems that run GPL code, yes? Can you give any examples where GPL code is used but there is no non-tivoized hardware available to purchase?
    33. Re:GPLv3 anti-business by Anonymous Coward · · Score: 0

      > it's still less common than Windows NT or Windows 98,

      NT here means NT based windows prior to 2000, so how many network devices are running these OS's? How many phones, media players, storage devices and other embedded systems? How many active web servers?

      Perhaps you haven't heard but Microsoft have a monopoly on the desktop and the Apache web server also runs on windows.

      Again, what was your point?

    34. Re:GPLv3 anti-business by tepples · · Score: 1

      The fact that it's optional, that the user is not required to purchase a device or service. Fixed. Of course you have the choice not to sign a contract; that just means you don't get to purchase the device or servuce.
    35. Re:GPLv3 anti-business by DragonWriter · · Score: 1

      Professor Moglen mentioned that in many cases businesses _want_ to buy locked-down hardware where they cannot change the software (perhaps for regulatory reasons).


      And I'm sure many consumers value the sense of security that comes from knowing that only software certified by the manufacture can be installed in some of their boxes, too. If one accepts that this can be valuable to businesses, why should it be denied to consumers?

    36. Re:GPLv3 anti-business by holt · · Score: 1

      Surely the shop owner can download the source code, as per GPLv3 requirements, and compile it for any hardware.

      Actually, I don't think it's required that the source be distributed to just anyone; my understanding is that the source must be distributed to those to whom a binary has been distributed. So if the only way to get the binary is to buy the hardware, I hope no one is suggesting that the customer just toss the hardware for which they paid, so that they can run the software on different hardware with their modifications? Surely that doesn't make sense.

    37. Re:GPLv3 anti-business by master0ne · · Score: 1

      Ok so using lets say Joe Comic, owner of The Comic Shack, wants to use a Open Source Solution for his POS terminal (register), so he contacts some major distirbutor, gets his POS terminal, sets it all up, and hires Marty to run the register at 5.50/hr, marty being a bit of a geek (hence working in a comic shop for minimum wage) also knows a good deal about unix, linux, and malware... so lets say Marty see's the profits The Comic Shack generates, and decides he wants more than minimum wage, so he writes a nice little kernel module to add 20% onto any transaction run through the register, or pull 20% off the top of any transaction... or even just simply log card numbers etc.... now when Joe Comic's customers decide to SUE The Comic Shack for ripping them off, or Joe audits his financial logs, and discovers the discrepancies... he's going to goto the Open Source Solution provider and ask why wasnt the POS terminal tamper proof (is when unauthroized or modified code was loaded, why did it still run?)... the only answer the Open Source Solution provider could offer would be... its Illegal under the GPL 3 for us to offer a Open Source Solution that runs on Tamper Proof hardware.... where as with the exception... Joe Comic gets the Tamper Proof POS Terminals, Marty attempts to load his code, the register wont boot, Marty is fired.... So you decide if this clause doesnt have its merits, i however can see where it could play a useful role...

      --
      Noone writes jokes in base 13!
  7. Detect Modified Software? by TheRealAnonymousCowa · · Score: 0

    ...because the appliance shuts down if it detects modified software... How does the appliance detect modified software? That is also a software check. Isn't it comparatively easy to bypass the check in software by altering the source code?
    1. Re:Detect Modified Software? by pipatron · · Score: 1

      You can (and they probably do) have a chip with a special checksum algorithm that checks the contents of the flash, to see if it matches the checksum.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:Detect Modified Software? by IkeTo · · Score: 1

      Easy: have a ROM with hard-coded public key that it will use. Boot from the ROM. Immediately read the entire flash RAM with its signature. Verify it using the public key in the ROM, and continue if and only if it checks correctly. With a public key system, nothing in your setup reveals the private key. Unless the user can install another ROM, he is stuck with whatever signed by the vendor's private key, which only the vendor possess. There are quite a few things in the world doing similar things (see FON).

    3. Re:Detect Modified Software? by Hal_Porter · · Score: 1

      What if the bootrom verifies a signature on the flash before jumping to it? If the bootrom is physically in the same chip as the CPU and peripherals and it verifies a signature using public-key cryptography, it's very hard to get around. Even cracking the chip open would only tell you the public key, not the private key you need to sign software with, and just using software you won't be able to get that or even tell what the key algorithms are.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  8. The next "One major danger"... by Anonymous Coward · · Score: 4, Interesting

    On Services... (yeah, what -did- happen to that SAP bit?)
    One major danger that GPLv3.1 will block is Googlization. Googlization means services contain GPL-covered software that you can't change, because the product is never published and so no source code has to be provided. The manufacturers of these services take advantage of the freedom that free software provides, but they don't let you do likewise. GPLv3.1 new services clause ensures you are free to remove the handcuffs.

    On network-enabled devices...
    One major danger that GPLv3.2 will block is Xboxization. Xboxization means devices contain GPL-covered software that connect to a network that you can't change, because the network shuts you out if it detects modified software... The manufacturers of these devices take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv3.2's new network clause ensures you are free to remove the handcuffs.

    On ATI/nVidia Linux drivers..
    One major danger that GPLv3.3 will block is BLOBization. BLOBization means software packages containing GPL-covered software that communicate to a non-GPL-covered piece of binary software (BLOB) that you can't change, because the BLOB is not covered by the GPL... The developers of these BLOBs take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv3.3's new network clause ensures you are free to remove the handcuffs.

    On not having to GPL programs compiled using GCC..
    One major danger that GPLv4 will block is GPL-less compiling. GPL-less compiling means programs created using GPL-covered software that you can't change, because the actual program contains no GPL-covered source code. The developers of these programs take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv4's derivative work clause ensures you are free to remove the handcuffs.

    On using e.g. The Gimp to create your graphics..
    One major danger that GPLv4.1 will block is artization. artization means original works of art created using GPL-covered software that you can't change, because the work is strictly non-GPL. The artists of these works take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv4.1's new GPL-created works clause ensures you are free to remove the handcuffs.

    On working around the GPL by re-implementing (much the same that free software developers re-implement things covered by patents)..
    One major danger that GPLv4.2 will block is reimplementation. reimplementation means software programs developed based on, but re-implemented in a different way of, GPL software that you can't change, because the work is not GPL. The developers of these programs take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv4.2's new GPL-reimplementation clause ensures you are free to remove the handcuffs.

    On using GPL software internally only...
    One major danger that GPLv5 will block is in-houseation. in-houseation means software programs based on, developed with, and so forth and so on as set forth in the other clauses, that is only used in-house that you can't change because the source code need not have been made available. The developers of these programs take advantage of the freedom that free software provides, but they don't let you do likewise... GPLv5's new out-house clause ensures you are free to remove the handcuffs. ...

    And so forth and so on. It should be pretty clear that the GPL is all about freedom - pure and utter total freedom to do as you wish without restriction, as long as the product of this doing is available to everybody else to do with as they wish without restriction as well. Whether this is truly freedom or not (i.e. as opposed to the BSD-style licenses) is a never-ending debate.

    1. Re:The next "One major danger"... by bheer · · Score: 0

      Bravo! Pity this was posted AC. Never underestimate the power of a ideologically driven movement. Although frankly the 'purer' the GPL becomes ideologically the more they'll lose users.

    2. Re:The next "One major danger"... by MadTinfoilHatter · · Score: 5, Insightful

      I'm getting tired of hearing this same argument ("The GPL is supposed to be about freedom, but look at all the restrictions it imposes!!!") in various different incarnations pop up every time the GPL is discussed. Everyone try to understand this simple fact, so that we can stop having this pointless discussion every time:

      Freedom is a limited resource, because one man's freedom is another man's restriction.

      Don't believe me? Let's take some examples: If I'm to be free to do anything* I want in my own home, that means you're not free to do anything you want in my home. Now that's a perfectly reasonable freedom for me, and restriction for you to have, which is why society generally supports this freedom/restriction.
      *) Within reason. I.e. stuff I do in my own home that has major impact outside of isn't included.

      Let's take another example. The first amendment of the US Constitution starts with the words "Congress shall make no law..." In other words, the freedom of the individual comes at the price of the freedom of government.

      I've said it before, and I've said it again: RMS & FSF have been perfectly open about what they want to achieve with the GPL, and why. Stop treating them like hypocrites. There are plenty of hypocrites in the IT world, but RMS isn't (AFAIK) one - and he's definitely not one because of the restrictions of the GPL. If you don't support the view of the FSF, then that's fine, but don't back up your standpoint with flawed logic

    3. Re:The next "One major danger"... by strider44 · · Score: 2, Insightful
      I'm not sure why your post is seen as relevant. None of it applies to the GPL:

      Web Services isn't even a loophole - you don't distribute the software so it doesn't come under copyright distribution and so the GPL wouldn't apply here. Same for "in-houseation" and reimplementation. You really need to have a look at copyright law if you think that the GPL (a copyright distribution license not a EULA) can restrict this. Users don't agree to the GPL.

      I'm not sure how your "networkisation" is actually feasable under open source software so I don't think anyone really cares.

      Blob's are already disallowed under the GPL 2. The FSF have already said this several times.

      "Artisation" directly contradicts the first and primary freedom of Free Software. From gnu.org/philosophy/free-sw.html:

      Free software is a matter of the users' freedom to run, copy, distribute, study, change and improve the software. More precisely, it refers to four kinds of freedom, for the users of the software:
      • 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.
      Your "artisation" runs directly against freedom 0.

      GPL 3 is designed pretty well to close off the loopholes that have been exploited to prevent the freedoms that the original GPL was designed to grant. What you propose directly contradicts the spirit of the GPL.
    4. Re:The next "One major danger"... by Chris_Mir · · Score: 4, Insightful

      Freedom is a limited resource, because one man's freedom is another man's restriction.

      Very correct!

      So one should see the freedom thing into the right perspective. Freedom in GPL is clearly targeted to the end-user of the software, and therefor restricting the developer/publisher of the software. On the other hand, freedom in BSD is targeted to the developer/publisher of the software in question and therefor can expose restrictions to the end-user.

      So both might be equally free, but just for a different audience. Tivo's lil' trick takes away the freedom from the audience GPL is meant for, hence V.3

    5. Re:The next "One major danger"... by strider44 · · Score: 4, Insightful

      Let me rephrase quickly what I meant about "users don't agree to the GPL". This is the most often misinterpreted part of the GPL.

      The GPL is a copyright license not an end user license agreement. As such, it only covers distribution of software. When you get a piece of GPL software, you do not need to agree to the GPL, and you're under no obligation to abide by its terms. You only need to agree to it when you distribute GPL software.

      As such when you modify software in-house, or you put the software on a web server, you are under no obligation to obey the GPL since you're not actually distributing the software. Since the GPL purposely doesn't restrict you on running the software there's no obligation to distribute the code.

    6. Re:The next "One major danger"... by replicant108 · · Score: 1

      That sure is a lot of straw men you set up there...

    7. Re:The next "One major danger"... by martin-boundary · · Score: 1
      The other thing that I find annoying but you didn't mention is the hypocrisy of people who complain that the GPL restricts their potential actions more than BSD. So what? One doesn't look a gift horse in the mouth.

      All these people should shut up and go use BSD already or something. Nobody's pointing a gun at them to use the GPL, but they still like to complain that they don't like the free "deal" they get from the GPL.

    8. Re:The next "One major danger"... by Anonymous Coward · · Score: 0

      If you wish Xcode would reformat your code for consistency, GTFO.
      If you're overwhelmed by IB's multi-paletted interface, GTFO.
      If you can't intuit your way from HyperTalk to AppleScript, GTFO.
      If the name "Clarus" means nothing to you, GTFO.

      Bandwagon jumpers are not welcome among real Mac geeks. Keep your filthy PC fingers to yourself.

    9. Re:The next "One major danger"... by khallow · · Score: 1

      So I don't see the reason for GPL 3 then. Google, Xbox, BLOB, artization, these are good things that have provided tremendous value to society. And the freedom argument is getting strained. Real speech in the US can be copyrighted and used in ways that would be prohibited by the current GPL license.

      And I hope you're just trolling (or even spreading deliberate disinformation) about future GPL direction. It would be a shame for GNU to make itself and this massive body of code irrelevant through a highly restrictive license. I suppose the current GNU leadership could be ousted, but replacing founders, even when possible, routinely ends up as utter failure. The example of GPL 4.x blocking the creation of copyrighted art using GIMP? That's just wrong. "Artization" is one of the many things you can do with free speech that you can't do with that hypothetical license.

      Finally, I think it's wrong for GNU to license its massive body of work under these restrictive licenses. I doubt most of the original owners agreed to the impairment of their software in this way.

    10. Re:The next "One major danger"... by khallow · · Score: 1

      Freedom is a limited resource, because one man's freedom is another man's restriction.

      No, it's not. It doesn't take much work to find counterexamples. It's easy to restrict peoples' freedom without a corresponding gain elsewhere. Just throw a bunch of irrelevant paperwork into the mix. Similarly, if a new service that provides public information that wasn't before available, say like Google's variety of services, then you can have a global increase in freedom. I think it reasonable to ask who becomes "freer" as a result of the GPL changes? I don't see a net gain for end user or for the developer. The developer faces obvious restrictions on freedom, the end user has less variety and information in the software market to chose from.
    11. Re:The next "One major danger"... by MysteriousPreacher · · Score: 1

      Strider44, that comment was long overdue and helps remove some of the confusion seen in earlier posts.

      I hack around with code from various sources and licences, and the most common factor in them is that they restrict distribution. The closest I've seen to restrictions would be authors asking that I add my contact information to the modified product so they don't get bombarded by people complaining about the errors I introduced (in a web application for example).

      --
      -- Using the preview button since 2005
    12. Re:The next "One major danger"... by bahwi · · Score: 1

      Bah, put simply, if it's free software then the next guy in line can do whatever he wants with it. Print it up and hide it and never let another soul see it, use it up and package it up as a commercial product and sell it and never let another person see the source code. Any of that would be free.

      The GPL is about restricting freedom for a potential end user. Free software you can work with the free software and put the package for sale together with your own code. GPL is about restricting freedom from the potential middleman to make it potentially "more free" for the end user. It's not free software but in one sense, it just assures you that you can use it down the line and the use of it will remain free and for anyone else down the line.

      It's a complex free, or a redefined free. But, it isn't free in the most natural sense of the word. It tries to assure rights for the users down the road, not the ones right away. Free software would be free to do with what you want right away, even if it means restricting rights down the road.

      The GPL3 will really help to kill the linux appliance market, as for the middleman, it's getting less and less free and more and more expensive. If the GPL people don't want it used in appliances that's fine, now quit asking "Does it run linux?" because in the future, the answer will be no.

    13. Re:The next "One major danger"... by Per+Abrahamsen · · Score: 1

      > Freedom is a limited resource, because one man's freedom is another man's restriction.

      Even Libertarians know this "your right to swing your first ends where my face starts". They just pretend ignorance in most situations.

    14. Re:The next "One major danger"... by Hal_Porter · · Score: 1

      Bandwagon jumpers are not welcome among real Mac geeks. Keep your filthy PC fingers to yourself.

      EEEeeeeeemoooooo!!!!!!

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    15. Re:The next "One major danger"... by jargon82 · · Score: 1

      This is a point I was trying to make earlier (regarding business equipment, cash registers and the like, and linux). Killing the appliance market for linux means possisbly less effective and secure software with a more suitable (for the company building the stuff) will be running on this equipment in the future. Is this really a good thing?

    16. Re:The next "One major danger"... by mrchaotica · · Score: 1

      You really need to have a look at copyright law if you think that the GPL (a copyright distribution license not a EULA) can restrict this. Users don't agree to the GPL.

      Man, I really wish more people understood this! I've been seeing the GPL presented as if it were an EULA (requiring the user to click "I agree" in order to install the software) way too often. OpenOffice is the most conspicuous offender here, but a lot of other software that uses a Windows-style installer is guilty of it too.

      --

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

    17. Re:The next "One major danger"... by awol · · Score: 1

      "Freedom From" and "Freedom To" are not the same thing. In either case, the defect of the Free Software movement (of which I am an advocate) is that it is all still dependent on the existence of property rights in the output of intellect. It is this defective logic that is the root cause of all the semantic difficulties about whether GPL is free or not (v2 or v3, L or not). Logic dictates that if your are having problems with irreconcilable deductions then one must return to your premises and examine them for defects. It is not the deductions about Freedom that are the problems but the premises about Free Software that are the causes of this dilemma. Run your arguments from premises where there is no "property" and all of the dilemmas go away and RMS's Tivoizaton becomes a perfectly reasonable thing to do (but then so too is hacking it :-)

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    18. Re:The next "One major danger"... by MikeBabcock · · Score: 1

      The GPL is about restricting freedom for a potential end user.


      You mean the GPL is not about restricting freedom for a potential end user I hope.
      --
      - Michael T. Babcock (Yes, I blog)
    19. Re:The next "One major danger"... by foniksonik · · Score: 1

      I believe the original poster was making a statement about the instability of the GPL and how it seems to encroach upon the rights of non-copyright holders to freely utilize this supposedly free software with each new GPL draft. IT seems to become more and more like any other shrink-wrap commercial license.

      "You can use this FREE software, but only in the way I have outlined below: a) only in such a way as benefits me and my friends who like this license because it seem altruistic but is really very fascist and not free at all.... as in you can't really do much with out software except run it... unless you want to give us everything you own in return, then you can modify it slightly and redistribute under your name (but with a big graphic of our names plastered on top, and none of that cheap plaster... we want the Venetian kind)."

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    20. Re:The next "One major danger"... by RobBebop · · Score: 1

      One major danger that GPLv5 will block is in-houseation.

      The garbage that gets developed in-house can stay locked away. If it is any good, it will spread as employees jump ship and take the ideas of the useful in-house code with them. Eventually, worthy in-house development can go GPL (i.e. Eclipse from IBM), but unworthy code should never be forced into the open.

      Similarly, in-house code that is available under a public license can be tough, too. I've worked on adopting Mozilla's Tinderbox project for use in my company and they definiately hardcode way too many "mozilla.org" URLs into that beast (though after taking a couple days/weeks to understand it, it is easier to adopt than writing from scratch).

      --
      Support the 30 Hour Work Week!!!
    21. Re:The next "One major danger"... by dfghjk · · Score: 1

      "Tivo's lil' trick takes away the freedom from the audience GPL is meant for, hence V.3"

      No it didn't. All the freedoms the GPLv2 provides were provided in the case of Tivo. Claims otherwise are all based on a lie, and a lie RMS willingly propogates, that Tivo prevents you from modifying the software. Nothing is further from the truth; you are free to modify Tivo's software and even implement a competing product with it. You have to provide your own hardware to do it but that's true of every piece of GPLed software that RMS ever provided! RMS's lie is claiming that the Tivo product is the software. It is not, the product is the appliance and the appliance is not covered by the GPL. Throughout time, the end user has been responsible for providing the hardware and the means for modifying the software itself. The assumption that Tivo is obligated to make their hardware suitable for that is the mistake of those who made it.

    22. Re:The next "One major danger"... by mdielmann · · Score: 1

      Freedom is much like a probability space. Some freedoms are mutually exclusive, some aren't. I can swing my fists all I like until I get too close to your face. But we are both free to use public sidewalks, absorb photons flowing through the same physical space, etc.

      Freedoms tend to be limited when the resource they depend upon are limited (say, room to swing my fists). Freedoms on unlimited resources, or physical resources that are used for limited periods (say, a particular piece of sidewalk you're traversing) tend to be unlimited.
      It's reasonable to say that software, and data, are unlimited - that's the whole problem with digital music, from the producers' perspective. It's not reasonable to say the GPL is free. I can't choose to not release my source code if I release my software under the GPL. This isn't an issue under the BSD license, and others. Simply put, the GPL places terms on some group of users of the software that aren't necessary for the support of freedom.
      Perhaps another way of saying it is that GPL is as free as possible while still being (very) fair. BSD is as free as possible with no considerations for fairness. Whether that makes one better or worse for you is an entirely personal consideration. Remember, fair and free are two entirely different animals, and not entirely (or even at all) related to each other.

      --
      Sure I'm paranoid, but am I paranoid enough?
    23. Re:The next "One major danger"... by init100 · · Score: 1

      All these people should shut up and go use BSD already or something. Nobody's pointing a gun at them to use the GPL, but they still like to complain that they don't like the free "deal" they get from the GPL.

      Exactly. The conclusion is simple: They definitely like the code (and thus want it), but they don't want to comply with the GPL. That's why the whine about the GPL "forcing" you to share "your property" with the world.

      Another observation I have made is that many GPL-haters/BSD-proponents use the BSD as the baseline for comparisons. They then label the GPL as a "restrictive license, not much different from the EULAs of Microsoft, et al". I use the defaults provided by copyright laws as a baseline for comparison. By doing this, the truth becomes more apparent: While most EULAs are really restrictive licenses (since they try to remove freedoms compared to copyright law), the GPL is a permissive license (since it grants (a lot) more freedoms than copyright law). The BSD is even more permissive, but they are still mostly in the same ballpark.

    24. Re:The next "One major danger"... by init100 · · Score: 1

      The GPL is about restricting freedom for a potential end user.

      You are probably confusing the definition of end user. No end user is restricted by the GPL, since the GPL only affects distribution, and end users don't distribute software, especially not modified software.

      GPL is about restricting freedom from the potential middleman to make it potentially "more free" for the end user.

      Earlier in your post, you wrote that the GPL is about restricting freedom for end users. You don't think you are contradicting yourself?

      But, it isn't free in the most natural sense of the word.

      An entirely subjective statement.

      The GPL3 will really help to kill the linux appliance market

      Only for appliances where manufacturers want to lock down the software so that it can't be modified. Other appliances can run Linux just fine. Just look at the Linksys WRT54G(L) and the Linksys NSLU2. What would either of them have to lose with the GPLv3 DRM clauses? The answer: Nothing.

    25. Re:The next "One major danger"... by maxwell+demon · · Score: 1

      Freedom is a limited resource, because one man's freedom is another man's restriction.

      No, it's not. It doesn't take much work to find counterexamples. It's easy to restrict peoples' freedom without a corresponding gain elsewhere.

      That's not a counterexample to the claim above. It would be a counterexample to the non-equivalent claim "one man's restriction is another man's freedom." However that was not the claim above.

      Similarly, if a new service that provides public information that wasn't before available, say like Google's variety of services, then you can have a global increase in freedom.

      That's not at all similar. If it is a counter example can be argued (it reduces a third party's ability to withhold that information from you), but unlike the previous one, it at least isn't logically unrelated to the claim.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    26. Re:The next "One major danger"... by david_thornley · · Score: 2, Insightful

      A post based on actual facts and possibilities would be more helpful. Net services are a complicated issue, which will be addressed with the Affero GPL. Personally, I don't know if the GPL can apply here. XBoxization: The GPLv3 forbids that. Read a recent draft. Given a network service using GPLv3-enabled clients, the network service may not refuse to work with a modified client without good reason (see the license for more precise details). Binary blobs: Already against GPLv2, so no change the the GPL will affect this. GCC, the Gimp, etc.: The GPL is a copyright license, and cannot affect the output of the GPLed programs. If the GPLed tool inserts lots of its own content (such as the Bison routines), that can be forced to be GPLed. That is not a matter for any version of the GPL, but rather individual license extensions. Re-implementing: The only thing that can address this is wide, strongly-enforced, software patents. I don't think you, I, or Richard Stallman want to go there. This is not a subject for the GPL. In-house: The GPL, in all versions, wants to provide the end user with freedom. In this case, the end user is the enterprise, which can make modifications for its own use, and use internally as it sees fit. The GPL doesn't try to force distribution, and it really can't. It can only govern what happens with distribution. The FSF does try to consider the future, and they do put a lot of thought into it (whether you agree or not). All of the scenarios you have brought up have been considered, and you will find the discussions on the Gnu website (under philosophy).

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    27. Re:The next "One major danger"... by chromatic · · Score: 1

      I can't choose to not release my source code if I release my software under the GPL.

      That's ridiculous; it's your code. You own the copyright. You can release it under any terms you want. The license under which you release code has no effect on you. That's why you get to choose the license.

    28. Re:The next "One major danger"... by swillden · · Score: 1

      You only need to agree to it when you distribute GPL software.

      A couple of minor quibbles. First, you never really need to "agree to" the GPL. Rather, you "rely on" the permissions granted to you by the GPL to do things that copyright law would otherwise not allow you to do. It's a license, not a contract (though I think the distribution restrictions create a sort of implied contract).

      Second, there are actually two things you may do with the software which you couldn't do without permission -- distribute it and *modify* it. Modification of the software is what copyright law calls "creation of a derivative work", and you aren't allowed to do it without permission from the copyright holder.

      So, the GPL gives everyone a blanket permission both to create modifications and to distribute the software (modified or unmodifications). In the case of distribution, the GPL attaches some strings to the permission, stating that you can only distribute if you follow certain rules. In the case of modification, there are no strings attached. In both cases you rely on the GPL to keep you out of copyright infringement trouble.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    29. Re:The next "One major danger"... by khallow · · Score: 1

      I see that you are correct on the first point. My concern here though is that the statement while correct isn't that relevant to discussion of the GPL. After all, we have yet to establish that the restrictions imposed by parts of the GPL increase someone's freedom or that the change is warranted.

    30. Re:The next "One major danger"... by khallow · · Score: 1

      OTOH, it deals neatly with the argument you were rebutting. I'm satisfied then.

    31. Re:The next "One major danger"... by zotz · · Score: 1

      "I'm getting tired of hearing this same argument ("The GPL is supposed to be about freedom, but look at all the restrictions it imposes!!!") in various different incarnations pop up every time the GPL is discussed."

      What I am interested in the answer to is which freedoms that the GPL denies them are essential freedoms for them.

      The freedom to deny that freedom to others?

      The freedom to give someone else the right to deny that freedom to others?

      Some other freedom that I can't think of right now.

      I also wonder if anyone who is not against copyleft for code in general but does not like the GPL in particular can think of a better way to get the job done license wise.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    32. Re:The next "One major danger"... by tkinnun0 · · Score: 1

      Thank you for the insight into fairness. I hadn't considered it before, but it explains my aversion to the GPL better than I could before. I simply don't like the idea of being forced to be fair, I'd rather be fair on my own.

    33. Re:The next "One major danger"... by tkinnun0 · · Score: 1

      XBoxization: The GPLv3 forbids that. Read a recent draft. Given a network service using GPLv3-enabled clients, the network service may not refuse to work with a modified client without good reason (see the license for more precise details). I don't understand legalese, but wouldn't the user being in breach of his contract with the service provider be a good reason?

      And while the OP's GPL versions may seem silly, it has taken more than 15 years for GPL to move from version 2 to version 3. That would put OP's GPL version 5 to be released year 2119 or thereabouts. Who knows what GPL looks like in the year 2119?
    34. Re:The next "One major danger"... by edwdig · · Score: 1

      The other thing that I find annoying but you didn't mention is the hypocrisy of people who complain that the GPL restricts their potential actions more than BSD. So what? One doesn't look a gift horse in the mouth.

      The hypocrisy is in the GPL camp. They go around claiming their code is the ultimate in freedom, yet there are conditions attached. Most people don't really consider that to be free.

      If they pulled a Microsoft and used a name like Shared Source instead of Free Software, there wouldn't be any complaints.

      The simple fact that the first thing on the FSF site is a link to a 3 page essay explaining that when they say Free it doesn't mean what you probably think it means should tip you off that something is wrong with their approach.

    35. Re:The next "One major danger"... by Anonymous Coward · · Score: 0
      (this is strider44 posting from work)

      As mentioned in another post, I'm not a lawyer so some lawyer can correct me. I'm pretty sure that modifications don't come under copyright, so with a book you can write over a book and modify it as much as you want personally or within a company as long as you don't duplicate or distribute it. From Wikipedia:

      In addition, copyright, in most cases, does not prohibit one from acts such as modifying, defacing, or destroying his or her own legitimately obtained copy of a copyrighted work, so long as duplication is not involved. However, in countries that implement moral rights, a copyright holder can in some cases successfully prevent the mutilation or destruction of a work that is publicly visible.
    36. Re:The next "One major danger"... by swillden · · Score: 1

      (this is strider44 posting from work)

      As mentioned in another post, I'm not a lawyer so some lawyer can correct me. I'm pretty sure that modifications don't come under copyright, so with a book you can write over a book and modify it as much as you want personally or within a company as long as you don't duplicate or distribute it. From Wikipedia:

      In addition, copyright, in most cases, does not prohibit one from acts such as modifying, defacing, or destroying his or her own legitimately obtained copy of a copyrighted work, so long as duplication is not involved. However, in countries that implement moral rights, a copyright holder can in some cases successfully prevent the mutilation or destruction of a work that is publicly visible.

      Creating a derivative work is different from altering a copy fixed in an alterable medium. When you create a derivative work you are copying the original work and altering or adding to it. Only the copyright holder has the right to do that, under copyright law. The GPL grants a blanket permission for anyone to do that, no strings attached, but without the GPL's permission it would be illegal, even without distribution. How you would get caught doing it, and why anyone would care are separate questions, but if you did get caught, and if the copyright holder could show damages, you could be sued for it.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    37. Re:The next "One major danger"... by mdielmann · · Score: 1

      It's also important to consider the price of fairness. I'm of the opinion that protocols, drivers, etc. should be released under a BSD-like license. It supports ubiquity and stability between platforms, which helps everyone. Beyond that, I'm more ambivalent. I could honestly see myself releasing code under the GPL, BSD, or conventional closed-source licensing. The nice thing is, freedom supports me choosing any one.

      --
      Sure I'm paranoid, but am I paranoid enough?
  9. IANAL... by The+Mysterious+X · · Score: 1, Insightful

    But surely the clauses applying to the MS-Novell deal (though they don't specifically refer to it, but that's what they are aimed at) are completely unenforceable in a court of law?

    How can it be that a license that 1) MS has and never will agree to 2) that didn't exist when the deal was made be valid?

    If I write a program and license it under the condition that you pay me £10 for it, can I then change the license a week later and say you have to pay 10 people £10 instead?

    If a law banning something is instated by the Government, they are very rarely retrospective (how can you comply with something that does not exist yet?).

    Either I'm missing something, or the GPL 3 is going to be totally unenforceable.

    1. Re:IANAL... by WozNZ · · Score: 2, Insightful

      If the community moves to GPL3 it means that for the MS/Novell deal to continue they must branch their code and maintain their own branch.

      All future community development will take place on the GPL3 branch so Novell will not bee able to use the code or MS have to give the patent proptection to all. This removes all the benefits of the deal.

      Their branch will become the new Netware :)

    2. Re:IANAL... by aussie_a · · Score: 1

      It will only be enforceable if Novell distributes GPLv3 software. And then either Novell will be found to be in breach of its contract with Microsoft, or Microsoft will have to abide by the GPLv3 for the GPLv3 code. IANAL but that's my understanding of the issue.

    3. Re:IANAL... by pipatron · · Score: 1

      Yeah, you're missing something. They don't have to do anything, as long as they don't want to update their distribution. As soon as they want to switch to the next glibc, gcc, linux kernel, gnome, or whatever else that is using the new GPL license, it will apply to them.

      But yeah, if they wish, they can keep the GPLv2 versions of all software, and keep updating them in parallel.

      --
      c++; /* this makes c bigger but returns the old value */
    4. Re:IANAL... by Scarblac · · Score: 2, Informative

      MS distributes software (by the Novell voucher deal) that has licenses that read "GPL v2, or any later version". They knew when they did that that they were distributing software under a license that the FSF had freedom to change. So it goes.

      --
      I believe posters are recognized by their sig. So I made one.
    5. Re:IANAL... by z0M6 · · Score: 2, Insightful

      I don't know if it is enforceable or not (IANAL) but here goes:

      How can it be that a license that 1) MS has and never will agree to 2) that didn't exist when the deal was made be valid?

      M$ does not have to agree, neither does Novell. However if Novell wants to distribute GPL3 code, then this affects M$ through their agreement.

      If I write a program and license it under the condition that you pay me £10 for it, can I then change the license a week later and say you have to pay 10 people £10 instead?

      You could change the license, but you can't really say that I have to pay 10 other people £10 unless said 10 other people have a legitimate claim for that money (IP rights etc.)

      If a law banning something is instated by the Government, they are very rarely retrospective (how can you comply with something that does not exist yet?).

      The thing is that this is not retrospective, the M$-Novell deal is still a fact. The GPL3 says that such agreements are not allowed in the future (modified truth)

      Either I'm missing something, or the GPL 3 is going to be totally unenforceable.

      you are missing something ^^

    6. Re:IANAL... by slumberer · · Score: 2, Interesting

      How can it be that a license that 1) MS has and never will agree to 2) that didn't exist when the deal was made be valid? I believe the point is that all new versions of the code will use GPL3. They will still be able to use previously licensed code as they are now but all new versions will be released under the new license. They could choose to branch all the code and keep development under GPL2 but they wouldn't be able to use all the work released under GPL3 so it's pretty unlikely that they'd do that.
    7. Re:IANAL... by babbling · · Score: 1

      They are assuming that, due to their agreement with Novell, Microsoft will end up distributing software under the GPLv3.

      The alternatives:
      1. Microsoft could break the agreement with Novell.
      2. Novell could exclude any GPLv3 software from being included in Novell Linux. This would mean that they would have to maintain their own GPLv2 forks of any essential programs that upgrade to GPLv3.

    8. Re:IANAL... by Anonymous Coward · · Score: 0

      If I write a program and license it under the condition that you pay me £10 for it

      I believe that would be a contract, not a license.
    9. Re:IANAL... by Planesdragon · · Score: 1

      If the community moves to GPL3 it means that for the MS/Novell deal to continue they must branch their code and maintain their own branch.

      The GPL3 will cause a GNU/Fork. There is enough money invested in customizing Linux et al that, even if Linux embraces GPL3 wholeheartedly, the non-GPL3'd system will maintain themselves indefinitely.

      Why the FSF thinks this isn't so, or that trying to change the rules when the game's in play will work at all, is anybody's guess.

    10. Re:IANAL... by vininim · · Score: 1

      GPL v3 applies to software (re)licensed under GPL v3. Novell/Microsft agreement "only" means that they will have to fork and mantain GPL v2 software by themselves before copyright holders/assignee relicense them to GPL v3. Novell doesn't own most of software it distribute^W convey, so it can't make agreements restricting license changes on stuff that it doesn't own.

      Short answer: GNU Software has copyright assigned to Free Software Foundation, and there was no agreement/deal between FSF and Microsoft or FSF and Novell.

    11. Re:IANAL... by alexgieg · · Score: 1

      The GPL3 will cause a GNU/Fork. There is enough money invested in customizing Linux et al that, even if Linux embraces GPL3 wholeheartedly, the non-GPL3'd system will maintain themselves indefinitely.
      How, if the hugest of the biggest money-investers in Linux customizing are the exact same companies that are working with RMS in the development of GPL3?

      Why the FSF thinks this isn't so, or that trying to change the rules when the game's in play will work at all, is anybody's guess.
      Simple! Because all the major players agreed with the rule changes. :D
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    12. Re:IANAL... by init100 · · Score: 1

      Not only that, but the process to revise the GPL has been a long time in the making. The process has been running for more than a year, and it's not some haphazard project started just to stop the MS-Novell deal as some people think (even though it now also tries to make that deal pointless). Microsoft and Novell should have anticipated that their deal could result in their agreement being targeted by the new version of the GPL, and if they didn't take this into account, well, that's their problem.

    13. Re:IANAL... by arkhan_jg · · Score: 2, Informative

      It's a bit of a stretch, but here's how it is supposed to work.

      Microsoft distributes vouchers with no expiration date for Novell's SUSE linux. Much of the software in that distro is licenced for GPL v2 or later.

      Then GPLv3 comes into effect, and someone cashes in a voucher for SUSE linux after that date. NOW the software that is being distributed by microsoft is under the GPLv3 - (the receiver gets to choose) - and the GPLv3 basically says that if you distribute it with patent indemnity for some, you have to issue it with patent indemnity for all, and you can't distribute at all if its covered by patents you haven't also given a licence to use along with the GPL3 code.

      Note, this wouldn't cover patents in the linux kernel itself as that is GPL v2 only, and there are no plans to move it to GPL v3. Microsoft's counter argument is that by only selling the vouchers, they're selling a service, not distributing the GPLv3 covered code themselves, and thus don't fall under the patent-licence-alongside-code provisions - that's novell's problem.

      Novell theoretically will be in much bigger trouble though. They've made a big deal that their customers are covered by patent indemnities bought by novell from microsoft, but it doesn't apply to any other users of the same GPL code. That appears to be made specifically impossible under GPLv3, so Novell will either have to withdraw the indemnity altogether, extend it to everybody, or not distribute any GPLv3 code thats covered by the (unknown) patents in question. Since most GPLv2 code will automatically transition to GPLv3 code at the discretion of the receiver, thats a lot of code, and would likely sink SUSE linux as a distro.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    14. Re:IANAL... by Anonymous Coward · · Score: 0

      Ahem. They don't need a license to distribute those vouchers, so the GPLv3 doesn't apply.

      (Passing on a copy someone else gave to you doesn't make a copy, so doesn't require copyright permission.)

    15. Re:IANAL... by Kalriath · · Score: 1

      Or one more you missed:

      3. Microsoft is not actually distributing anything under the deal, saying someone else will give you a program does not make you a distributor - if anyone's up the crapper, it's Novell at this point.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    16. Re:IANAL... by babbling · · Score: 1

      I think the FSF intend to argue that Microsoft distributing coupons for Novell Linux is equivalent to distributing Novell Linux themselves.

      Whether a judge will agree or disagree with that is yet to be seen, but there is a chance of it going either way, I think.

  10. question: how hand tying is v3 to the gpl? by bombastinator · · Score: 1

    One of the things society is trying to do right now is determine the value of DRM. The current corporate wisdom is that DRM is critical to a continuing economy. Many of course disagree with this, but the issue has yet to be actually settled.

    On the assumption that the world may go either way, If GPL3 is adopted, will it mean that it is impossible to return to a more GPL2 like stance in say GPL4?

    1. Re:question: how hand tying is v3 to the gpl? by babbling · · Score: 1

      GPLv4 can set a completely different set of rules.

      Note that only the FSF can write new versions of the GPL that can be upgraded to via the "or any later version" clause, though.

    2. Re:question: how hand tying is v3 to the gpl? by Anonymous Coward · · Score: 0

      "One of the things society is trying to do right now is determine the value of DRM. The current corporate wisdom is that DRM is critical to a continuing economy. Many of course disagree with this, but the issue has yet to be actually settled."

      Correct, and it's not going to be settled here. There's a couple questions to ask before coming to a firm conclusion on DRM. Is the knowledge economy here? Are there those trying to abuse that economy? What are the consequences?

  11. Above is a very old troll oft repeated by dbIII · · Score: 1

    I've got no idea why this guy is still on Slashdot after all these years repeating the same pile of garbage to troll people.

    1. Re:Above is a very old troll oft repeated by simong · · Score: 1

      It's a case for using reputation more ;)

    2. Re:Above is a very old troll oft repeated by frost_knight · · Score: 1

      Because his trolling succeeds.

      --
      It always takes longer than you expect, even when you take into account Hofstadter's Law. --Hofstadter's Law
  12. Bit torrent by starwed · · Score: 1

    Further advantages of GPLv3 include better internationalization, gentler termination, support for BitTorrent, and compatibility with the Apache license.
    What does the bit about BitTorrent refer to?
    1. Re:Bit torrent by MadMidnightBomber · · Score: 4, Informative

      "Certain decentralized forms of peer-to-peer file sharing present a challenge to the unidirectional view of distribution that is implicit in GPLv2 and Draft 1 of GPLv3. It is neither straightforward nor reasonable to identify an upstream/downstream link in BitTorrent distribution; such distribution is multidirectional, cooperative and anonymous. In systems like BitTorrent, participants act both as transmitters and recipients of blocks of a particular file, but they see themselves as users and receivers, and not as distributors in any conventional sense. At any given moment of time, most peers will not have the complete file."

      Problem is that you could then in theory ask any BT user to provide the source code for that binary. More here: http://gplv3.fsf.org/bittorrent-dd2.html

      --
      "It doesn't cost enough, and it makes too much sense."
  13. Never ending debate by Anonymous Coward · · Score: 1

    This only happens because BSD are *developers only*. They see freedom only in so far as it pertains to developers.

    The FSF was started because a user, Richard M Stallman, was unable to get a printer to work. Being a developer as well, he could have fixed the problem if it weren't for the fact that copyright forbit it. And so the GPL was born.

    Because the BSD are looking at it as a developer and the FSF are looking at it as a user, they don't see the same freedom. Therefore they will always disagree because the argument the other side makes does not work with the view they have of freedom.

    1. Re:Never ending debate by Anonymous Coward · · Score: 0

      The most convincing story I've heard of why Richard Stallman started the FSF was because of emacs. Stallman was the original author of emacs (originally a set of macros for the TECO editor), and gave his code away, but at some point, James Gosling (the same one who later developed Java) decided to port emacs to Unix, and rewrite it in C. Gosling, however, eventually sold his version of emacs, rather than giving it away, and this enraged Stallman. The result was GNU emacs, written in C, and licensed under the GPL, which was designed to ensure nobody else could repeat what Gosling had done.

  14. Re:This is what I HATE most about FOSS by aussie_a · · Score: 1

    Freedom means being able to do what you want with a particular piece of code. Please tell me how to do that with free code that has been modified and redistributed under a closed source license. If I can't, how am I free then?
  15. Re:This is what I HATE most about FOSS by GovCheese · · Score: 1, Insightful

    The usual motive for tivoization is that the software has features the manufacturer thinks lots of people won't like.
    RMS's idealism is admirable to be sure but I've grown so tired of his rhetorical devices that I just can't be bothered to pay attention to him anymore. His deliberate use of phraseology that implicity argues or accepts the point he is trying to explain is sophmoric and while I accept his motives I've grown tired of listening to his dreck.
    --
    "He's using a quantum encryption scheme! That'll take hours to break!"
  16. Re:This is what I HATE most about FOSS by tokul · · Score: 4, Insightful

    Freedom means being able to do what you want with a particular piece of code. Stallman wants us to believe that restricting our rights somehow enhances our freedom.
    GPL code is not yours. It is everyones. GPL3 removes your options to restrict freedom of others.
  17. But new code under GPL3 is after the fact by Anonymous Coward · · Score: 0

    And so the people entering the agreement to produce this new code have agreed on a license after their patent pledge.

    What GPL3 cannot do is say it acts retroactively. Only governments want to be able to do that...

  18. Re:This is what I HATE most about FOSS by aussie_a · · Score: 1

    GPL3 removes your options to restrict freedom of others. Unless you're a business :(
  19. The wrong way to deal with politics by dbIII · · Score: 1
    DRM is just a symptom of political corruption allowing monopolies to be set up by abusing a broken IP system with a few well placed donations. It's a US only problem and shouldn't be dealt with by preaching to the converted via a global thing like the GPL but by contracting your elected repepresentatives. Those of us overseas feel sympathy but we cannot help you with it and really don't see how a licence change sideshow that even hurts people on your side is going to help against DRM.

    If DRM is critical to your economy is is going to be in the form where software development is going to occur outside of your economy. Making it a legal minefeild to develop software in your country makes it likely it will be developed outside and then sold inside by those that have bought the monopoly rights for various portions. I get this bleak perspective because that is exactly what happened with encryption software a few years ago when it was heavily restricted by law.

    As for RMS - his agenda may not always agree with those who take a less US-centric view such as Linus. The Tivio does not hurt linux in any way whatsoever and may actually help it even as it may make things more difficult in the DRM debate. They are two seperate things and should be treated as such. Free software can be handled with licencing and normal copyright laws - DRM and weird intellectual property laws and artificial monopolies far worse than DVD region coding has to be handled at the ballot box and the cash register.

    1. Re:The wrong way to deal with politics by dbIII · · Score: 1

      but by contracting your elected repepresentatives.

      Freudian slip there - contacting should be the word, there are far too many problems with bribery already and it really is getting you into this DRM mess.

    2. Re:The wrong way to deal with politics by bombastinator · · Score: 2, Interesting

      I'm not debating the point I'm just trying to be even handed.

      My concern is the market is going to go the way the market is going to go regardless of which maefesto of computer ethics and the greater good one wishes to espouse.

      My concern is that If the GPL is modified into a political hammer It might go poorly if the linux community is bound into a system they cannot modify back later. This appears not to be the case though according to the other reply.

      P.s. you may want to rewrite that thing I'm having trouble with the coherency of it. Arguments that don't make sense tend to have a negative rather than positive effect on one's cause. I'm not talking about concepts necessarily , more like punctuation, sentence structure and assumed points. It's very hard to understand what you are saying.

  20. Re:This is what I HATE most about FOSS by cibyr · · Score: 1

    If you don't like Stallman or the GPL then the answer is simple: don't release your code under the GPL! If you like the BSD licence better, use it for your code. If you want to release your code into the public domain, then guess what? You can do that too!

    But there are thousands of developers who DO like the GPL (and may or may not like Stallman) and happily use it, to everyone's benefit. Don't try to pretend that you haven't benifited from code released under the GPL.

    --
    It's not exactly rocket surgery.
  21. The "ASP loophole"? by empaler · · Score: 2

    Also, what happened to closing the ASP loophole? :-) I guess the FSF doesn't want to cause too much pain to folk like Google. I haven't heard of this, could you please enlighten me? :-)
    1. Re:The "ASP loophole"? by bheer · · Score: 5, Informative

      ASP loophole = the fact that the GPL doesn't cover programs you use over a network.

      As an AC reply noted (thanks, AC!), there's something called the Affero GPL, and you can (if I'm reading the draft right, I could be wrong) distribute GPL3 code under the Affero GPL. If you do that then anyone installing the program on a network (e.g. a web server) will have to make the source available to its users.

    2. Re:The "ASP loophole"? by Kadin2048 · · Score: 1

      I haven't heard of this, could you please enlighten me? :-)

      Some of the earlier drafts of the GPL3 were going to eliminate the ability of companies like Google to produce OSS and use it solely as a web-service, where the customer wouldn't 'run' the software but would only see the results over a network. From RMS' standpoint, it's basically the same as Tivoization, because it keeps the consumer from ever being able to access the GPLed software and run it on his/her own machine, etc. It lets people take FOSS, modify it, use it in consumer products, but keep the modifications to themselves; arguably, a Bad Thing.

      But I think that it was removed, because FOSS just doesn't have enough clout yet to force companies like Google to open up their code; they'd rather switch to something else -- what, I have no idea, but something else -- rather than deal with that. Plus, defining exactly who would be required to post what modifications to the code, and how they'd have to make it accessible -- basically all the practical concerns -- was pretty messy. So it got removed from GPL3 (one assumes, slated for some later version, according to some FSF Master Plan).

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    3. Re:The "ASP loophole"? by Anonymous Coward · · Score: 0

      The GPL doesn't cover programs you use, period. It only covers programs you distribute.

    4. Re:The "ASP loophole"? by bheer · · Score: 1

      My understanding of this is that when you are talking about ASP distribution, putting it up on a web server == distribution. Because that's all you need to do to distribute the program. I'm not sure how the AGPL precisely defines distribution, though, and am too tired to find out now.

    5. Re:The "ASP loophole"? by james_gnz · · Score: 1

      As an AC reply noted (thanks, AC!), there's something called the Affero GPL, and you can (if I'm reading the draft right, I could be wrong) distribute GPL3 code under the Affero GPL. If you do that then anyone installing the program on a network (e.g. a web server) will have to make the source available to its users.

      The current version of the AGPL (v1) is based on the GPL v2, with the addition of an extra clause that requires source be made available for software run on public servers. Originally, the FSF intended to incorporate the AGPL's extra clause into the GPL v3 (as an 'additional restriction', that could be added to modified software, but not removed again), but they decided that the extra clause changed the nature of the license, essentially allowing GPL software to be appropriated for use under a different license.

      The new plan is to allow AGPL software to be linked with GPL software. In most cases, relevant GPL software will have the Linux or LGPL linking provision anyway, but in case it doesn't, the GPLv3 is supposed to allow linking specifically with AGPL software. This isn't really clear in the GPL. But then, nothing is really clear in the GPL.

  22. GPLv3 added Affero compatibility by Anonymous Coward · · Score: 0

    Affero closes the ASP loophole.

  23. Re:This is what I HATE most about FOSS by vux984 · · Score: 4, Insightful

    But don't think for one second that the GPL is about "freedom".

    Yes you should.

    Public domain is about freedom. To a lesser extent, so is BSD.

    They do nothing to protect freedom. They are merely free for the taking.

    If you *take* something from the public domain and modify it, it can belong to you, and you can then distribute it while denying the very public who freely provided that source material to you in the first place the right to further modify it. So sure, the public domain is about freedom: giving YOU freedom to freeload the work of others and ultimately screw me over.

    The GPL infringes on our freedoms for very specific resons, and it does so with good intent. But it infringes upon them nevertheless.

    The GPL is about perpetuating the freedom of the *code*, specifically the freedom to modify the code.

    And in doing so, the *only* freedom of yours that it infringes upon is your freedom to infringe upon others freedom with respect to modifications of the code further down the line.

    (It really denies very little. You can use GPL tools to make non-GPL products (including other programs.) You can use GPL tools to run your business without returning anything back. The only thing you are required to give back is any modifications to the GPLed code itself, and even then, ONLY if you are re-distributing it.

    Derivative works of GPLed CODE remains GPLed. That's it. That's the GPL in a nutshell. Everything in the GPL is there simply to ensure that no-one can take GPL'd code and fork it into proprietary non-free code. (or [with gplv3] tivoise it by binding 'gpl code' into hardware/drm schemes that make it effectively non-free.) To ensure that any tool that starts out FREE cannot become NON-FREE.

    (TiVoisation is the equivalent of putting a 'free man' into a cell with no doors or windows. There's nothing legally stopping him from leaving the cell -- but his 'freedom' isn't worth a hill of beans -- he still can't get out.)

    When you GPL your code you are asserting that it will be forever "free", that nobody can lock it up.

    GPL is a lot like Free Speech.

    Which is more 'free' a society where you can say whatever you like, and then someone in government can exercise their freedom to lock you up for ever. [=public domain] Or a society where you can say whatever you like, and the government is forced to protect your right to do so, even though you are infringing on someones freedom to lock you up forever. [=gpl]

  24. TiVO and Microsoft... by itsdapead · · Score: 1
    Good post - but it can be said much more economically by adapting the words of one of the most respected thinkers of the early 21st century:

    TiVO and Microsoft never stop thinking of new ways to harm the Open Source community.
    Neither do we.
    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  25. Re:This is what I HATE most about FOSS by skrolle2 · · Score: 1

    Freedom means being able to do what you want with a particular piece of code. Stallman wants us to believe that restricting our rights somehow enhances our freedom.

    You are restricted from locking up code, you are restricted from giving others less freedom than you received. This way the original freedoms are always preserved. This is the fundamental difference between BSD-style and GPL-style. BSD is totally free, but GPL has one single restriction that aims for a better end result with more freedom for everyone. Or, in other words:

    BSD: "Do what thou wilst shall be the whole of the law."

    GPL: "Do unto others as you would have them do unto you."

    Now stop being a devil-worshipping BSD fanatic and join the winning team! :-D
  26. Re:This is what I HATE most about FOSS by GrievousMistake · · Score: 1, Insightful

    You get the original free code from the same place that they got it.

    --
    In a fair world, refrigerators would make electricity.
  27. Bravo! [nt] by Anonymous Coward · · Score: 0

    nt

  28. Danger of 'GPLv3 or later' by Anonymous Coward · · Score: 1, Insightful

    RMS wrote:

    Change is unlikely to cease once GPLv3 is released. If new threats to users' freedom develop, we will have to develop GPL version 4. It is important to make sure that programs will have no trouble upgrading to GPLv4 when the time comes.

    One way to do this is to release a program under "GPL version 3 or any later version".


    Now, this is NOT the way to do it. Let me tell you why (and please correct me if I'm wrong):

    -GPLv4 can be started by Microsoft, or any evil company, they can today start to write GPLv4 or v5 which says: you are not permitted to change the source-code, neither redistribute the source-code, and when compiled and used, a one time-fee of $100 for the usage of the program or another hostile non-sense. You get what I mean, the notion 'GPLv4' or 'GPLv5' is not secured by FSF - it maybe even can't be secured.

    -The license must be included in text form (e.g. as a file called LICENSE) which contains the license, e.g. the text of GPLv3 or v2, in the source-code package (e.g. tar.gz) to be sure, it's GPLv2 or whatever. By no means I would say 'http://fsf.org/GPLv2' or alike, we cannot rely on that fsf.org remains in control of people who keep up the spirit of GPLv2 or v3, domain taken over, FSF changes mind, RMS passes away and successors are brain-dead people and mess up big time ...

    Now, these are my concerns, someone smart please enlighten me and correct me - and please take the time to really elaborate why I should use 'GPLv3 or later' in my license and how the two points above can be resolved.

    1. Re:Danger of 'GPLv3 or later' by aussie_a · · Score: 1

      Surely the GPL is trademarked?

    2. Re:Danger of 'GPLv3 or later' by Anonymous Coward · · Score: 0

      I already wrote GPL 2.1 and which states that all the clauses in GPLv2 are null and void, and use it to get around all the GPLv2 or later code I use.

    3. Re:Danger of 'GPLv3 or later' by simong · · Score: 4, Insightful

      The GPL is a legal document which recognises the FSF as its issuing authority (Clause 9), so if anyone else issued a licence called GPL which purported to succeed the current GPL, they would have a legal battle on their hands.

    4. Re:Danger of 'GPLv3 or later' by pjabardo · · Score: 2, Informative

      That's the reason for the word 'or'. The software is double licensed. If you don't like the provisions of GPL version n just use the other side of 'or'. Basically this mean that you can not, in practice, restrict the code anymore than the most permissive side of the 'or' clause.

    5. Re:Danger of 'GPLv3 or later' by sonamchauhan · · Score: 1

      What if the FSF is controlled by Microsoft one day, or radical environmentalists, or ... ?

    6. Re:Danger of 'GPLv3 or later' by The+Cisco+Kid · · Score: 1

      Uh, no, MS can not write a license and call it the "GNU General Public License version 4". I beleive "GNU" and "GPL" are copyrights and/or trademarks owned by the FSF.

      And I think it will be a cold day in hell before MS is able to buy the FSF, even when RMS passes on.

  29. Re:This is what I HATE most about FOSS by aussie_a · · Score: 0

    Right, but how am I "able to do what [I] want with" the modified code? I'm not? Doesn't sound very free to me.

  30. Re:This is what I HATE most about FOSS by Jorgensen · · Score: 1

    ... His deliberate use of phraseology that implicity argues or accepts the point he is trying to explain is sophmoric ...

    Hang on a second here: I think you'll find that this is the way that most people argue(!) - Why would anybody deliberately use phraseology that goes against the point they're trying make?

    And it works - just read any discussion by politicians, *IAA*. The writings on "Network Neutrality" are a very good example of this too.

    Bottom line: People have to think for themselves, regardless of who they're listening to.

  31. Why we stayed clear of the GPL by ducomputergeek · · Score: 2, Interesting
    Frankly I have to be honest, I am no longer directly in the programming field, but about seven years ago I worked developing web-based applications. I was a big fan of open source at the time, as there were some solutions out there in FOSS land that would do what we needed with some tweaking. In my opinion, it would have sped up development time by at least a couple months. Which at that time, faster to market was always better.

    We discussed it and the company president was worried something like the GPL 3 could be a problem in the future. There were serious questions on whether or not we could us our modified code without releasing it. It was going to be used only on our company website and not released for sale to others, yet it would have been there for the public to use for a subscription. So the answer was use only code if it was available under the BSD-style license.

    Since that day, I've been a fan of the GPL for personal/hobby projects, but have stayed clear of most opensource software in the business world other than popular CMS systems like Xoops and Joomla.

    Mod me down if you'd like, but I've been of the opinion that if you truely believe in open and free software, BSD-style is the way to go. GPL maybe open, but it has strings attached and often is only free as in beer.

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    1. Re:Why we stayed clear of the GPL by anandsr · · Score: 1

      Actually you could have used GPLv2 only code, if you were so worried about GPLv3. If you did not really want to release your code then it would have been better to use BSD code only. Which was fine for your web application. But BSD is not really good if you want to get support from outside company. Anyway GPL is good for software created wholly inside (with external efforts accepted only after ownership transfer). BSD is good if you don't care for outside help.

    2. Re:Why we stayed clear of the GPL by nagora · · Score: 1, Flamebait
      We discussed it and the company president was worried something like the GPL 3 could be a problem in the future.

      So, the company president was worried that a license you weren't going to use might be a problem? How strange.

      I've been of the opinion that if you truely believe in open and free software, BSD-style is the way to go.

      I certainly think that your post shows the issue at the hear of BSD Vs GPL: if you are a software producer who wants to benefit from others' work without paying anything back at all to anyone anywhere for that work, then the BSD is certainly the best option. If you are a programmer who wants there to be a continuing flow of useful code to base your work on and are happy to help provide that flow back to everyone else, then the GPL is the answer.

      GPL maybe open, but it has strings attached and often is only free as in beer.

      Another way of looking at it is that the BSDL has invisible strings attached that ensure that you will never be paid, not even in the abstract sense of knowing that you might be aided down the line some day by someone returning the favour. That's a pretty big price to pay; too big for me.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:Why we stayed clear of the GPL by Alioth · · Score: 1

      The GPLv3 wouldn't affect you. The typical way the GPL is used, the code says "..under the GPL version 2 or later, at your choice" (paraphrased). So you could simply continue to use the GPL2 regardless of the existence of GPL3 or later.

      In any case, the GPL is a copyright license, not an EULA. The GPL applies to _redistribution_ only, not the use of the code. It basically says if you want to _redistribute_ this code, you cannot deprive those you distribute the code to of the freedoms you got in the first place. If you think the GPL is only 'free as in beer' you don't understand the GPL.

    4. Re:Why we stayed clear of the GPL by dkf · · Score: 1

      Another way of looking at it is that the BSDL has invisible strings attached that ensure that you will never be paid, not even in the abstract sense of knowing that you might be aided down the line some day by someone returning the favour. That's a pretty big price to pay; too big for me.
      [Emphasis mine for clarity.]

      The BSD license does not ensure that you never get (broad-sense) "paid". If it did, I would never have received credit for those things that I've written under the BSDL, and yet I most certainly have been compensated in kind by a great many people. QED. Given that, your paragraph above is at best hyperbole, and the first clause of the conclusion you draw is probably unsound; the price paid isn't high by any objective measure. On the other hand, it might just be that your threshold is ultra-low, so I can't dispute whether the price is too big for you or not (the second clause of your conclusion). But I would point out that if you ever get fed up of the GPL crew, most groups that use the BSDL will welcome you.
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    5. Re:Why we stayed clear of the GPL by Anonymous Coward · · Score: 0

      If ones gives something to others while expecting to get something in return, is that really giving? Perhaps the guy just likes to create something great and give it to others without expecting something in return?

    6. Re:Why we stayed clear of the GPL by nagora · · Score: 1
      The BSD license does not ensure that you never get (broad-sense) "paid".

      True. A better way of putting is that it does nothing to ensure that you do get paid (unless your definition of "paid" is something like "the satisfaction that someone is using my work").

      But I would point out that if you ever get fed up of the GPL crew, most groups that use the BSDL will welcome you.

      I can not imagine ever wanting Amazon, Microsoft, or Adobe to use my code while continuing their campaigns to prevent me and other programmers from working on new software. As such, the BSD is never going to be an ethical option for me.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    7. Re:Why we stayed clear of the GPL by Kjella · · Score: 1

      I'm sorry, but you and your company president are idiots. Whether the source said "GPLv2 only" or "GPLv2 and later", you can use it forever under GPLv2, which quite clearly doesn't require release of code under those conditions. If you want to ignore GPL code because of an irrelevant hypothetical, please carry on but stop spreading FUD.

      --
      Live today, because you never know what tomorrow brings
    8. Re:Why we stayed clear of the GPL by mrchaotica · · Score: 1

      We discussed it and the company president was worried something like the GPL 3 could be a problem in the future. There were serious questions on whether or not we could us our modified code without releasing it. It was going to be used only on our company website and not released for sale to others, yet it would have been there for the public to use for a subscription.

      You should have consulted a better lawyer. No future version of the GPL will ever affect what you intended to do, because the GPL is not an EULA. Although they initially tried to add clauses restricting web services to the GPLv3, they took them out again because they realized that providing the software as a service doesn't count as "distribution" under copyright law, and therefore the GPL never applies at all. So even if such language existed in the license it would be unenforcable.

      --

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

    9. Re:Why we stayed clear of the GPL by Anonymous Coward · · Score: 0

      Mod me down if you'd like

      You, sir, are a hero. Not only did you state a wildly unpopular opinion, you did so knowing it was unpopular; you were willing to take that risk! In addition, you acknowledged that you knew the risk!

      Or, perhaps, it's a way to confuse moderators into moderating you up.

    10. Re:Why we stayed clear of the GPL by init100 · · Score: 1

      If ones gives something to others while expecting to get something in return, is that really giving?

      Remember that most recipients of GPL code never gives anything back (because they don't modify and redistribute), so to them, it could certainly be viewed as a gift. Only for recipients that modify and subsequently distribute the derivative work, the answer (to the question of wherher the GPL code is a gift or not) becomes less clear.

    11. Re:Why we stayed clear of the GPL by init100 · · Score: 1

      Although they initially tried to add clauses restricting web services to the GPLv3, they took them out again because they realized that providing the software as a service doesn't count as "distribution" under copyright law, and therefore the GPL never applies at all. So even if such language existed in the license it would be unenforcable.

      Does this mean that the Affero GPL is unenforceable/moot? Then why would the FSF put an exception into the GPLv3 allowing code licensed under the AGPL to link with code covered by the GPLv3, if the AGPL is unenforceable?

    12. Re:Why we stayed clear of the GPL by Catbeller · · Score: 1

      A lot of talk about the law, but none about the ethics. Programmers understand the purpose of the various licenses, and certainly understand that the source and the hardware are to be accessible by the user if they use the GPLed software. It's not a question of law, but of ethics. The law can be twisted into a moebius strip, but the ethical question is easily answered. To use the software is to agree to let it be freely modified by the user. The terms differ from license to license, but there is no ambiguity about the intent of the free software movement.

  32. Re:This is what I HATE most about FOSS by TodMinuit · · Score: 1

    You don't have any claim on the modified code. You didn't write the modifications, someone else did. The writer gets to decide what happens to the code -- not you.

    --
    I wonder if I use bold in my signature, people will notice my posts.
  33. Re:This is what I HATE most about FOSS by Stumbles · · Score: 0, Offtopic

    Um you didn't really read the draft did you?

    --
    My karma is not a Chameleon.
  34. Peer-review by Anonymous Coward · · Score: 0

    >Why would you even consider releasing a DRM system under some sort of open source license?
    Simple, peer-review. After all that the same problem as security: peer review will allow external experts to validate (or not) your work.

    But, to DRM makers I say: don't be that clever, continue wasting your time and money on stupid scheme to punish your legitimate users (like myself) and see you revenue diminish because of it (I don't buy anything DRM-ed).

  35. Re:This is what I HATE most about FOSS by TodMinuit · · Score: 1

    Which means it is restricting my own freedom.

    And there is nothing wrong with that. But saying that something which inherenting restrictions ones freedom actually promotes freedom is simply wrong.

    --
    I wonder if I use bold in my signature, people will notice my posts.
  36. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    You only have the choice because not everything is GPL...
    Otherwise, you would have to build your own OS from scratch if you wanted to make some proprietary code.
    You also have choice not to buy windows with a new computer you know, but still most people use that rotten argument against Microsoft here.
    That's why you need both closed and open source. To keep your freedom of choice.
    But Stallman does NOT want you to have the choice.
    So screw him and his zealots.

  37. Re:This is what I HATE most about FOSS by aussie_a · · Score: 0

    So I'm not free. Guess such licenses as the OP described aren't about ensuring people's freedoms then.

  38. Re:Danger of 'GPLv3 or later' MOD PARENT UP by Anonymous Coward · · Score: 0

    Interesting point of view I never considered, also looking forward to see replies to this.

  39. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    Stallman is an idiot.
    Alone for this statement you don't deserve your 'insightful'.

    Freedom means being able to do what you want with a particular piece of code.
    This is the usual troll interpretation. An intelligent person knows that freedom can only be seen in a context. The BSD license might give a developer/company greater freedom, but allows to take freedom from the end user. The GPL limits more the freedom of the developers/companies, but makes sure that the end user's freedom is not further limited.

    I am a software developer and sometimes there are programs/libraries, which I cannot use because of the GPL. So what? The majority of software I use, I use as normal end user. So even if I personally don't look into the code and make adjustments, I am glad that this possibility, this freedom exists. I much more often get freedom from the GPL than that the GPL takes freedom from me.

    Nothing against BSD or public domain, but for me to use these license forms, I demand payment. Personally I won't accept it that someone might take my hobby code, incorporates it in his product and someday I might indirectly pay for my own code. Therefore if I don't want or cannot make money with my code I would always choose the GPL.
  40. Re:This is what I HATE most about FOSS by TodMinuit · · Score: 1

    How so?

    You still have access the original code.

    The person who wrote the modifications has the freedom to keep his modifications prviate, and is exercising said freedom.

    No freedom was given up by anyone.

    --
    I wonder if I use bold in my signature, people will notice my posts.
  41. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    But don't think for one second that the GPL is about "freedom". What I find so exasperating about every GPL vs. BSD debate is that each one seems to break down into a ridiculous argument about the meaning of the word "freedom". For crying out loud, people! The GPL is about "share and share alike". Some people think that "freedom" describes this goal. Others don't. Let the pedantics sort it out.

    What is really important is that there are quite a few people who are willing to share the fruits of their labor with you as long as you don't try to screw them by taking what they've done and close it up.

    The GPL (any version) is not about some kind of intangible idealism. It is a practical tool used by developers who want the work they have done to remain open.
  42. Re:This is what I HATE most about FOSS by aussie_a · · Score: 1

    There are two socities with all things being equal except for one tiny aspect, which one promotes freedom more? Society #1: You have the freedom to shoot people in the head. Society #2: You do not have the freedom to shoot people in the head.

  43. Rubbish. by asninn · · Score: 1

    "Googlisation" might come up or not (we'll see), but the rest is rubbish.

    "Xboxisation" is likely already covered by Tivoisation. "BLOBisation" is either no problem at all (legally *OR* philosophically) or already illegal by the GPLv2 (even though companies like Nvidia and ATI ignore this). Preventing "GPL-less compiling" and "artisation" would be wholly incompatible with the GPL's philosophy: the GPL explicitely does not have to be accepted and explicitely does not apply when all you do is *use* a piece of software. "re-implementing" is obvious rubbish, and "in-houseation" is a weaker version of "Googlisation" that does not pose philosophical problems.

    --
    butter the donkey
    1. Re:Rubbish. by quantum+bit · · Score: 1

      BLOBisation" is either no problem at all (legally *OR* philosophically) or already illegal by the GPLv2 (even though companies like Nvidia and ATI ignore this). It's the former -- they take advantage of a loophole in the way copyright in general works (not the GPL). They distribute their binary blob by itself, along with some glue code under a proprietary license. It's the end user who links the blob to his (GPL) kernel. It may seem like the end user is the one violating the GPL, but really he's not so long as no distribution is taking place.

      The only time this could result in a GPL violation is when a third party distributes the blob and loads it automatically (even this is possibly debatable, but I think it could be won in court). A few Linux distributions are guilty of this. But it's they who are ignoring the GPL, not ATI/Nvidia.

      <meta>Not that I like binary blobs very much, but wanted to clarify the legal basis for them. IANALBIPOOTV, yada yada.</meta>
    2. Re:Rubbish. by Anonymous Coward · · Score: 0

      Actually, Xboxisation theoretically should be unstoppable with sufficient legal separations.

      Consider: Company A builds hardware with a "Trusted-Computing" chip on, that will (in some authenticated way) tell anyone who asks:
      a) The hash of the current version of the firmware/software (in some signed form)
      b) Some challenge-response system to prove that its the original TC chip.

      [1] None of company A's offerings do anything at all with the TC, so nothing A has produced prevents the user replacing the (GPLv3) firmware however they choose, and doing so does not interfere at all with anything A offers - therefore how could A be in breach of the GPL?

      [2] Company B then offers a network service, but only allows use of it by machines which have genuine TC chips that declare the
      machine they are on is using original A firmware. Company B uses no copyright material that has been GPLd, so cannot be bound by the GPL.

      Result: Xboxisation!

    3. Re:Rubbish. by edwdig · · Score: 1

      "BLOBisation" is either no problem at all (legally *OR* philosophically) or already illegal by the GPLv2 (even though companies like Nvidia and ATI ignore this).

      That's rather debatable. Linus and others seem to believe its fine in certain cases.

      Linus's explanation goes something like this:
      * The GPL covers code that is explicitly written under the GPL, or is created as a derived work of code covered under the GPL.
      * Nvidia's interface to the Linux kernel is a derived work of the kernel, and distributed under the GPL.
      * The part of Nvidia's Linux drivers that actually deals with the hardware is derived work of Nvidia's Windows drivers. (NVidia uses a common codebase for all their drivers, and the Windows drivers came first) As such, Nvidia has the rights to license the code as they please.

  44. Re:This is what I HATE most about FOSS by aussie_a · · Score: 1

    You're thinking of freedom in terms of the original product. I'm thinking of freedom in terms of the original product and all subsequent derivatives. I don't necessarily have freedom in the derivatives, therefore licenses as the OP described are about taking away the freedom people have with derivatives.

  45. Hey you missed the *bad* news! by Anonymous Coward · · Score: 4, Insightful

    Ok. If I go out and release a professional quality piece of software. Now this arbitrary "consumer clause" would allow commercial manufacturers to rip off my software, place it on tivoized closed hardware and sell it. My software was meant to professional use all along, even though I wanted it to be Free Software.

    I thought GPLv3 would protect me, individual free software developer, from this nonsense. But now, what used to be a loophole in GPLv2 is now a right written down for commercial entities to go hunt and close down free software. I sincerely hope somebody will understand and fix this problem before GPLv3 goes final.

    1. Re:Hey you missed the *bad* news! by Anonymous Coward · · Score: 0

      Mod the parent up! Major portion of free software ever written is not meant for consumer use. Why would anyone want to produce consumer software anyway. GPLv3 is making a huge mistake here.

    2. Re:Hey you missed the *bad* news! by Anonymous Coward · · Score: 0

      +1 but no mod points.

      As far as software is concerned, there are only users.

    3. Re:Hey you missed the *bad* news! by elrous0 · · Score: 1

      Well, there is nothing forcing you to release your software under GPLv3 or any other open license. Unless it's built on top of a previous GPLv3 licensed program, you're free to release it with whatever restrictions you want to.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:Hey you missed the *bad* news! by JimDaGeek · · Score: 2, Interesting

      While a company could Tivoize your code in locked-down hardware, they still have to release ALL changes to your code. However, I too would like to see an optional clause that the developer can choose whether to allow "Tivoization" or not.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    5. Re:Hey you missed the *bad* news! by Phisbut · · Score: 2, Insightful

      Ok. If I go out and release a professional quality piece of software. Now this arbitrary "consumer clause" would allow commercial manufacturers to rip off my software, place it on tivoized closed hardware and sell it. My software was meant to professional use all along, even though I wanted it to be Free Software.

      FTA: GPLv3 tolerates tivoization only for products that are almost exclusively meant for businesses and organizations.

      "Professional quality" doesn't mean "meant for businesses and organizations". Many "consumers" use professional tools all the time. Photoshop/GIMP is a software of professional quality which isn't meant exclusively for businesses.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    6. Re:Hey you missed the *bad* news! by Greyfox · · Score: 1

      If you don't like Stallman's license, use your own. It's not like the development of the GPL3 prevents you from writing up your own license.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    7. Re:Hey you missed the *bad* news! by dreamchaser · · Score: 1

      But who decides that? What if I have more money to burn than sense and decide I want to buy a Mainframe? Shouldn't I then be allowed to alter it any way I see fit, to follow the philosophical logic that the FOSS community purports to embrace?

    8. Re:Hey you missed the *bad* news! by forrestt · · Score: 1

      I think you are missing a small piece of a point. If they take your GPLv3 software, they still have to release any modifications back to the community. If they Tivoize a piece of hardware that is running your code, the only thing that it prevents is changing the code on THAT piece of equipment. You and others are still able to take their modifications to your code and install them on your own hardware with or without any additional modifications.

    9. Re:Hey you missed the *bad* news! by chromatic · · Score: 1

      If they take your GPLv3 software, they still have to release any modifications back to the community.

      I'm not sure that's accurate. I thought GPL v3 still governed distribution, not receipt and use.

    10. Re:Hey you missed the *bad* news! by Chandon+Seldon · · Score: 1

      Here's the thing: If you want to buy an IBM mainframe and hack it, they won't stop you. They'll probably even give you detailed documentation for all the interesting features of the product. You won't get software redistribution rights - IBMs mainframe OS is proprietary - but that's the product you bought. More relevantly - the FSF has seen no reason to believe that tivoization is especially relevant to that particular market, and the anti-tivoization tweak is meant to respond to real world threats to freedom rather than imagined threats.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    11. Re:Hey you missed the *bad* news! by forrestt · · Score: 1

      If they are distributing the software w/ the Tivoized hardware, they are distributing it, and therefore have to release any modifications.

    12. Re:Hey you missed the *bad* news! by chromatic · · Score: 1

      Yes, as I said--the GPL governs distribution.

    13. Re:Hey you missed the *bad* news! by forrestt · · Score: 1

      I never meant to say that it didn't govern distribution, and perhaps that sentence could have been a little more clearly stated. However, I just took it for granted that the code was being distributed since it was a part of the system that was being Tivoized. Therefore, any changes to the code would also need to be made available. If you could please give me a circumstance where a piece of code is part of a Tivoized solution, and yet not distributed with said system, then I'll be more than happy to say you are correct. However, at this point you just seem petty.

    14. Re:Hey you missed the *bad* news! by dreamchaser · · Score: 1

      I still see it as appeasement and favoritism. It should either be one way or the other. I understand what you're saying, I just disagree with the thinking that has apparantly gone into this loophole.

    15. Re:Hey you missed the *bad* news! by Chandon+Seldon · · Score: 1

      This isn't anything new - the public comment phase for GPLv3 has been going on for more than a year now. If you had participated in the process, you would have had an opportunity to help with that thinking.

      I've followed the drafts pretty closely, and I agree with the reasoning behind this compromise. This isn't about appeasing large business vendors like IBM. Instead, the purpose of the exception for non-consumer devices is to appease a certain class of business buyer that wants to make the security / liability tradeoff of leasing tamper-resistant computer systems. The FSF has publicly stated that they think that's a dumb idea, but that if that's what those buyers want there's no freedom-related reason to stop them from purchasing their "tamper resistant equipment as a service" that they want.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    16. Re:Hey you missed the *bad* news! by chromatic · · Score: 1

      I don't mean to sound petty (though my original post does read poorly). However, there are plenty of comments on Slashdot related to the GPL that seem to indicate that merely using GPLd code means that you have to release your source code to anyone who wants it.

      That's a false belief in two ways, but it sounds like we agree that it is not true.

    17. Re:Hey you missed the *bad* news! by dreamchaser · · Score: 1

      I have been following it somewhat, but since I haven't contributed in any significant way in some years a) my interest isn't what it once was and b) my opinion isn't all that important to anyone. I'm just shootin' the shit here on /., not trying to change the world.

      They'll do what they'll do and it will be what it will be. From the looks of things the GPL3 could actually work to hurt FOSS in general, not help it.

    18. Re:Hey you missed the *bad* news! by Chandon+Seldon · · Score: 1

      They'll do what they'll do and it will be what it will be.

      "They" in this case was a large group of the Free Software community, not just RMS or the FSF.

      From the looks of things the GPL3 could actually work to hurt FOSS in general, not help it.

      That's definitely the impression that the anti-FSF astroturfers on Slashdot have tried to convey. More realistically, GPLv3 is a reasonably minor update to GPLv2 - most of the changes were more about legal technicalities than anything that seems relevant to most programmers. As long as you aren't trying to pull stupid crap with software patents or trying to sell people appliances with "malicious features", the differences are all obviously helpful & noncontroversial things like compatibility with the Apache license and improved international wording.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  46. Looks like FUD, smells like FUD, tastes like... by Anonymous Coward · · Score: 2, Insightful

    Nonsense, there could be license problems with GPL code but all software is at risk from license changes. The worst case would be that you'd end up maintaining a fork of a project but this is also true of the BSD license.

    Did you actually have a point?

  47. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    What's worse is when he engages in argument by redefinition. He's got a long list of words that he assigns his own meanings to.

    I respect the man, but his philosophical writings are terrible.

  48. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    I appreciate your application of Crowley and the golden rule to describe BSD vs GPL, but for one reason or another, I feel the need to extend your description of these concepts. Hopefully, it will also be descriptive of the software world in the process.

    Do what thou wilt shall be the whole of the Law.

    At base, this is not an ideal. This is not a commandment. This is a perfect observation of the physical world. Do what thou wilt. I cannot command you to do otherwise. The only rule is that you will do as you choose. That is the entirety of law, and there can be no other. All other law is falsehood.

    In applying this concept to the world of code, it describes the fate of all source I release. I cannot control what happenes to that code. Individuals will do with that code as they will. That is the whole of the law. I might not agree with their application of said code, but I cannot control them. They will do as they will. I can only apply "false" laws in their opposition. Man made laws. Imperfect laws.

    Do unto others as you would have them do unto you.

    Now that is more than a description of reality. It's an ideal, and one whose sentiment I can fully agree with. Of course, it's also an ideal which depends entirely on the "laws" of men. That is the ideal of the GPL... that we should share and share alike. I hope that I'm not alone in feeling that this is an ideal worth striving toward.

    I suppose my whole point here is to expose the philosophical concepts that the BSD and GPL licenses represent... BSD represents the immutable laws of our existence, while the GPL uses the laws of man to strive towards a goal. BSD desribes how the world is, while the GPL describes a world worth achieving.

  49. Re:This is what I HATE most about FOSS by cheebie · · Score: 1

    The second promotes freedom more. The first promotes safety more.

    It is a myth that freedom is ALWAYS better than safety. The two
    need to be balanced wisely.

  50. Re:Gah GPLv3 is total bullshit by Tanuki64 · · Score: 1

    What will happen with TiVo is that because they cannot build a business model out of Linux, they will move to another operating system
    And this is a bad thing? Actually I don't care at all what OS is running on an embedded device when it is closed to me anyways.
  51. Re:This is what I HATE most about FOSS by aussie_a · · Score: 1

    I'm guessing you got second and first mixed around. Actually I would say the second promotes the freedom "not to get shot in the head." As with many things, perspective determines how you view a matter with two perspectives viewing the same thing in different lights.

  52. Re:Gah GPLv3 is total bullshit by Scarblac · · Score: 1

    It's as if the FSF are building in license clauses which are guaranteed to be legally challenged; one of the problems with the original GPLv2 license was it was NEVER effectively taken on in court and defined in legal concepts or precedent as most other licenses tend to have been.


    It was never tested because it's pretty much unassailable, a law suit has no chance. It's not an EULA, but a simple copyright license.


    Consider: the GPL only gives you extra rights over what copyright law gives you, it takes away none. You are under no obligation to accept it whatsoever. If you don't accept it, you get all the normal rights you get under copyright law (that is, you may use the program, but not modify or copy it). The GPL states that you can get the right the modify and copy, provided you adhere to a list of requirements.


    An argument like "I copied this program, which I was only allowed to do because I chose to accept the GPL, but still I feel requirement X doesn't apply to me" just doesn't make much chance in court. That goes for both GPLv2 and GPLv3.

    --
    I believe posters are recognized by their sig. So I made one.
  53. Re:This is what I HATE most about FOSS by professorpoole · · Score: 1
    Personally I won't accept it that someone might take my hobby code, incorporates it in his product and someday I might indirectly pay for my own code.

    Well said! I confess, it took me a while to really understand the concept behind the GPL, but it's analogous to the situation where a wealthy family donates a piece of land to the city for a hospital. They OWN that land. It's theirs to do with as they wish. They choose to donate it ... and as part of the agreement, specify that it MUST be used for a hospital, and nothing else.

    Years pass and the city decides to sell the property and take the money elsewhere. The family objects. At that point, it goes to court ... and whether the family's wishes are honored will boil down to how well the original agreement was written.

    Same with my source code. I have choices about how to license it (if at all). But if I release it under the GPL, I am essentially offering it to the public for use as the end user sees fit. I have made a conscious decision to permit others to copy it, distribute it and modify it freely. It would annoy me if someone figured out some slick way to get around my intentions, because it's MY CODE. It's copyrighted and I still own the rights to it; I have decided that, instead of receiving money every time it's used, my payment will be the satisfaction of knowing that my code can go anywhere and be anything when it grows up.

    Whether you agree with Stallman or not (and I don't always agree with him; I'm not a free software fanatic who refuses to use anything proprietary on my own computer, for example), give credit where due: the FSF is trying to amend the GPL to cover possible loopholes, many of which couldn't even have been anticipated when v2 was written.

    Tivo, LinkSys and the other companies that have used GPL'd software had a choice. They could have written it themselves; they could have used BSD-style code; or ... they could use GPL'd code, accepting that the people who wrote it, and who OWN it, expect this in payment: that their code will be freely modifiable and distributable by everyone else.

  54. eula by minus_273 · · Score: 0

    ah so the GPL actually is a EULA now...

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
  55. libgcc, libstdc++, and Bison by tepples · · Score: 4, Informative

    Someone with a 6 digit UID that doesn't know that compiling something with GCC *doesn't* make the binary GPL'ed? Hand in your geek credentials please. Currently, libgcc, libstdc++, and Bison are under the GNU GPL v2. Programs compiled with GCC use libgcc (and libstdc++ if written in C++), and parsers created with Bison use the Bison boilerplate parser. These libraries are GPL with an exception that permits combining the library with the executable without bringing the resulting executable under the GPL in the majority of cases. For example, this is the text of libgcc's exception:

    In addition to the permissions in the GNU General Public License, the Free Software Foundation gives you unlimited permission to link the compiled version of this file into combinations with other programs, and to distribute those combinations without any restriction coming from the use of this file. (The General Public License restrictions do apply in other respects; for example, they cover modification of the file, and distribution when not linked into a combine executable.) Other Slashdot users have expressed worry that the FSF might end this exception. But I see no basis for this worry.
    1. Re:libgcc, libstdc++, and Bison by VGPowerlord · · Score: 1

      Currently, libgcc, libstdc++, and Bison are under the GNU GPL v2. Programs compiled with GCC use libgcc (and libstdc++ if written in C++), and parsers created with Bison use the Bison boilerplate parser. These libraries are GPL with an exception that permits combining the library with the executable without bringing the resulting executable under the GPL in the majority of cases. For example, this is the text of libgcc's exception:

      Which makes me wonder why libstdc++ and the others you mentioned aren't licensed under the LGPL instead. Wasn't that the whole point of having the LGPL as well?
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    2. Re:libgcc, libstdc++, and Bison by HuguesT · · Score: 2, Interesting

      The FSF apparently now thinks the LGPL was not such a good idea, and they now prefer to GPL everything, with exceptions in some notable cases. Notice there won't be a LGPLv3.

    3. Re:libgcc, libstdc++, and Bison by dkf · · Score: 0, Troll

      Other Slashdot users have expressed worry that the FSF might end [the libgcc] exception. But I see no basis for this worry.
      On what grounds do have this tremendous outbreak of optimism? Scummy license tricks have occurred in the past with some programs; what guarantees that the FSF won't do so in the future (e.g. to solve a budget problem or to further some political agenda)?
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    4. Re:libgcc, libstdc++, and Bison by mrchaotica · · Score: 2, Interesting

      What, so current LGPL "or any later version" code won't get the "anti-Tivoization" and other benefits of the GPLv3? That sucks!

      --

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

    5. Re:libgcc, libstdc++, and Bison by init100 · · Score: 2, Insightful

      Scummy license tricks have occurred in the past with some programs; what guarantees that the FSF won't do so in the future

      Any examples of cases where the FSF has perpetrated "scummy license tricks"? No? Though so, troll.

    6. Re:libgcc, libstdc++, and Bison by Barromind · · Score: 1

      In a related note, AdaCore (the company behind the Ada compiler in gcc) did exactly this with its compiler: it switched libraries to pure GPL just a year or two ago, for its free compiler version.

      Mind you, this is a special case because they submit their patches to gcc, and the Ada compiler under FSF control still retains the LGPL license (and AdaCore has not a say on this, since I assume copyright is transferred for the patches under the FSF tree, so they do this with full knowledge of the situation). So there are in practice three Ada compiler versions:

      * GnatPro: for paying customers, the compiler itself is GPL but I guess the binaries it produces are totally proprietary (support IS expensive for this compiler version).
      * GnatGPL: released by AdaCore, pure GPL (including the runtime!) so programs compiled with it are also GPL (the case the grandparent feared). Free support by AdaCore for universities through their Academia program (and this is good support, I've used it).
      * gcc-ada: from FSF, receiving patches from AdaCore (and any volunteers, of course). GPL compiler, LGPL libraries. Programs can have the license you choose, but you're on your own in which concerns to support for the compiler.

      So, while I don't see neither the FSF switching the license, it's not as if this were impossible.

    7. Re:libgcc, libstdc++, and Bison by stephentyrone · · Score: 1

      On OS X, non-GPL C standard libraries are provided by default (though Bison is still used AFAIK). On other platforms non-GPL versions of most libraries you'd want working with GCC are available as well. I believe that most (all?) of the Intel libraries play well with GCC. Using any of these libraries frees you from dependence on GPL "exceptions". Yes, some of them cost money, but if you're coming at this from the viewpoint of a corporate developer who wants to avoid GPL "poisoning", well, you need to spend money to make money. If you're not out for profit, then the effects of the GPL on your code probably don't concern you as much, unless you're one of these odd people who hates the GPL just because. This isn't so much directed at parent as at the general flow of posts in this neck of the woods.

    8. Re:libgcc, libstdc++, and Bison by dkf · · Score: 1

      But how do I know that they won't? OK, I believe that they won't, since the stink that it would raise would be quite amazingly bad for their cause, but have they given an enduring commitment that they will never remove things like license exemptions for libgcc? If they haven't, the business perspective is that there's something of a hostage to fortune there. (Now if there was such a commitment given somewhere and I've not seen it, I apologize for FUD-slinging. But my google-fu wasn't strong tonight.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  56. Nuisance DRM software and the electric chair by gd23ka · · Score: 1

    You can of course build an electric chair in your garage, I think this is exactly
    what Fred Leuchter did when he refurbished the Tennessee electric chair, but...
    you can't lure the occasional bum into your garage and try it out on him.

    Same thing with DRM. If you want to waste your time on yet another DRM scheme
    you can do that. You could possibly even sell your contraption to someone else who
    shares your taste for nuisance software, but don't hold your breath for it to be forced
    on people.

    So there you go, you still have your free will and you can experiment in your
    garage all you want and thanks to the GPLV3 people don't have go out of my way to make
    sure you don't become a nuisance.

  57. Re:This is what I HATE most about FOSS by howlingmadhowie · · Score: 1

    i find it interesting that the community appeared to have little difficulty reaching a consensus on tivoisation. a possible view point would be that the hardware is broken. as long as the source code for the software is available, who cares? just don't buy the broken hardware. what would happen if motorola released the complete source code for their linux phones but without a means to flash the memory?

    the addition of this clause to GPL3 seems to me to be broadening the scope of the original software license. did GPL2 deal with this? no. why not? because it wasn't thought of back then (one possible answer). my point is, the scope has now been broadened into hardware. now i'm all for free hardware (i quite enjoy playing around with openSparc), but is this a good move, seeing as the appreciation for free hardware is almost non-existent in the general population. there is a general idea that free hardware should come with schematics for the hardware, so you can theoretically figure out yourself what it does, but are there any common free hardware licenses? i don't know of a single one (sun uses the GPL2 for openSparc, but that's just for the microcode and auxiliary programs AFAIK)

  58. Re:GPLv3 anti-business-nazi by aussie_a · · Score: 1

    But as the owner of a small business (in a hypothetical situation), I am not being protected whereas I, being the same person, would be protected if I were simply a consumer. Doesn't sound right or fair to me. It also goes to show once more that the GPLv3 is anti-business.

  59. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    I'm thinking of freedom in terms of the original product and all subsequent derivatives.
    In other words : you claim ownership upon other peoples work, just because you added a (tiny) bit to it ?

    You definitily make me think you're trolling here. Your "freedom" seems to be to deny other people theirs. :-|

    I don't necessarily have freedom in the derivatives, therefore licenses as the OP described are about taking away the freedom people have with derivatives.
    See above. You can do whatever you like with your part of that derivative, as long as you keep it for/to yourself.
    If you want to spread it you have to uphold your "predecessors" freedoms, not ignore them. And if you would (ignore them) would that not give any receiver of your derivative you claim to have "freedom" over the right to do the same (and by that, create total anarchy) ?
  60. Re:This is what I HATE most about FOSS by sveinungkv · · Score: 1

    If you want to release your code into the public domain, then guess what? You can do that too!

    Not true for all, since there are jurisdictions that don't allow a copyright holder to put his work in the Public Domain. (It could maybe be done by a license that give the same rights, but there can even be restrictions on what one are allowed to license away)
    --
    Spelling/grammar nazis welcome (English is not my first language and I am trying to improve my spelling/grammar)
  61. Nothing to worry about by ebcdic · · Score: 1

    Whether or not it's trademarked, such a licence would not in fact be a later version of the GPL. Just giving a licence a name that implies it's the GPL doesn't make it true.

  62. Re:GPLv3 anti-business-nazi by Tanuki64 · · Score: 1

    It also goes to show once more that the GPLv3 is anti-business.
    GPLv3 anti-business? Really? Actually when the GPLv3 is out I will relicense my code using the GPLv3. But I am not anti-business. If you don't want to use GPLv3 you might come to me and we start negotiating how much you have to pay me to use my code otherwise. Normal business behaviour. Should be no problem for you.
  63. Can someone please explain to me... by samael · · Score: 1

    what the problem is?

    If you want to run your own Tivo box then surely you can take the software, recompile it, and run it on a box you put together yourself?

    The only thing that Tivo stop you doing is running your own version of the software on the boxes they sold you - or am I wrong?

    1. Re:Can someone please explain to me... by IkeTo · · Score: 1

      The problem is that people in FSF believe (and I think the belief is correct) that most people writing GPL code does not think that this is their intention.

    2. Re:Can someone please explain to me... by The+Cisco+Kid · · Score: 1


      Yes, What Tivo is doing wrong is selling you hardware, and then using restrictions in that hardware to prevent you from running whatever software you want on it (including changed versions of the software they provide on it), while at the same time, using software on it that is licensed to them in the spirit of freedom, and of specifically allowing users to make changes to it. In a sense, they are trying to only 'license' the hardware to you by only letting 'official' software run on it, which is absurd.

      Just imagine how happy MS would be if all the OEM PC makers, as well as motherboard manufacturers, agreed to a scheme like that - only 'official' software could run on their machines., and the machine would use an encryption key to prevent anything else from running. That would be the end of running *BSD, Linux, BeOs, anything else other than MS, on any new hardware.

    3. Re:Can someone please explain to me... by samael · · Score: 1

      So the problem is not, in fact, in the software - it's in the hardware.

      Two thoughts occur:
      Firstly - A software distribution license seems like a strange place to deal with hardware design.
      Secondly - I'm wondering why nobody has released Tivo software running on a stand-alone Linux box. Unless, of course, not all of their code is GPL in the first place.

    4. Re:Can someone please explain to me... by The+Cisco+Kid · · Score: 1

      Actually, I'm sure its a restriction on GPL(v3) software that says you cannot distribute the software on hardware that prevents you from running a modified version of that software.

    5. Re:Can someone please explain to me... by swordgeek · · Score: 1

      Pretty much. Someone else has pointed out the danger of hardware that will only run authorized and licensed software--and it potentially is a problem. On the other hand, I've never believed that a software license has any authority to legally specify anything about the hardware on which it runs. The 'anti-Tivoisation" clause of the GPLv3 is, in my opinion, RMS officially stating his contempt for all things capitalistic and potentially profit-making. He is about as anti-business as a human being can be, and he's working hard to drive the GPL to a 'pure' state, where no company can use GPL software.

      But hey, that's just my opinion.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    6. Re:Can someone please explain to me... by dfghjk · · Score: 1

      You are exactly right and what Tivo has done is not only compliant but perfectly ethical.

      RMS and his fanatics aren't actually upset because of software freedom in this case, the software is totally free according to the GPLv2, they are upset because they can't do whatever they want with a piece of hardware. It's not about software freedom, it's about them getting what they want. The key authors of the software Tivo used aren't upset about the situation at all.

      RMS has always been motivated by getting what *he* wants. He doesn't care about giving away the results of his efforts because he's never had to work for a living. His idealism isn't motivated by common good, it's motivated by his own personal greed.

    7. Re:Can someone please explain to me... by Blakey+Rat · · Score: 1

      Not to mention that this clause in GPL 3 won't fix anything; The Next Tivo (TNT) will simply use GPL 2 or, even worse, be scared away from open source altogether and not release anything.

      I guess he's hoping that TNT will want to use some existing GPL 3 project, and by incorporating it they will be forced to change the license, but I don't see that happening unless TNT is utterly retarded.

      All it does is discourage companies that may be on the borderline from using GPL at all, IMO. Stupid move.

    8. Re:Can someone please explain to me... by init100 · · Score: 1

      The 'anti-Tivoisation" clause of the GPLv3 is, in my opinion, RMS officially stating his contempt for all things capitalistic and potentially profit-making. He is about as anti-business as a human being can be, and he's working hard to drive the GPL to a 'pure' state, where no company can use GPL software.

      Talking about pure, this is just pure FUD. Get back under your bridge, troll!

    9. Re:Can someone please explain to me... by init100 · · Score: 1

      All it does is discourage companies that may be on the borderline from using GPL at all, IMO. Stupid move.

      Why should we care about companies already playing creative sidestepping games with the previous version of the GPL? If user base was all we cared about, we would have used the BSD license.

    10. Re:Can someone please explain to me... by Blakey+Rat · · Score: 1

      Why should we care about companies already playing creative sidestepping games with the previous version of the GPL?

      Just cope with it. You're not going to win 100% of the battles 100% of the time.

    11. Re:Can someone please explain to me... by Catbeller · · Score: 1

      RMS wants freedom for the user. Period. If they don't want to play, they can make their own software. We built this sandbox for everyone. If they don't like freedom for their users, they are free to leave. No one is forcing them to use the software. They used it because it was free as in beer, but don't like the free as in speech aspect. It's a package deal. If they use the GPLed software, the users get to modify the software. Repeat point with hammer.

    12. Re:Can someone please explain to me... by init100 · · Score: 1

      Just cope with it.

      I guess you mean ignore it. Well, that's not going to happen.

    13. Re:Can someone please explain to me... by Blakey+Rat · · Score: 1

      Obviously not. However, maybe it should happen, otherwise the open source community risks alienating people it depends on for acceptance. There's such a thing as "strategy" involved; you can't simply say "people who don't agree with us 100% all the time deserve no benefit from open source" and still be considered reasonable.

  64. Re:This is what I HATE most about FOSS by aussie_a · · Score: 1

    you claim ownership upon other peoples work, just because you added a (tiny) bit to it ? I claim the ability to control the license on software that was built by standing on my shoulders. If they don't want my support with this one tiny stipulation, they're welcome to go get their help elsewhere.

    Your "freedom" seems to be to deny other people theirs. :-| I believe in the freedom to be able to "do what [I] want" with software that I've provided the base for. GPL ensures that, licenses such as the OP described don't. Therefore the GPL is about ensuring people's freedoms while the OP's license isn't, despite what the OP claimed.
  65. Tivo has a very easy out... by Anonymous Coward · · Score: 0

    They just code the BIOS/hardware to run redundant checksums on everything, and if they don't match, display an error on the screen, and stop working.

    Encrypt the whole OS and make it where it is decrypted at boot time and do this...don't see how it would be that difficult. Release updated source code - which adheres to the GPLv3. There's nothing stating that you can't check for modified code and the hardware portion stop working.

    People can be free to change the software all they want (thus adhering to GPLv3), but when the hardware detects a change, wham, device no workie anymore.

    1. Re:Tivo has a very easy out... by Nick+Fury · · Score: 1

      Did you RTFA at all? The whole point of the particularly section of the GPLv3 in discussion is that it applies to tivoisation. Tivoisation is the process you are describing, where a manufacturer releases the code (just like the Tivo folks do currently) and then limits a users 'freedom' to run modified code on the device.

      The GPLv3 fixes this problem, and it is a problem, IMHO. It prevents Tivo from locking down their hardware so that I, as a consumer, can run whatever I want to run on it. I bought the damn thing afterall, I should be able to run whatever I want on it.

    2. Re:Tivo has a very easy out... by Anonymous Coward · · Score: 0

      Tivo *does* have an "easy" way out. It's called BSD.

      GPLv3 is incompatible with the current business model of Tivo. Period.

      Personally, I think Tivo should modify their box to simply report when the user is running non-standard code, then start a massive round of lawsuits for breach of contract-- It wouldn't be popular, but it would be justifiable, and legally sound.

      But an SEC filing that says "Linux is no longer a viable operating system for our business" would be more damaging to the free software community.

    3. Re:Tivo has a very easy out... by dfghjk · · Score: 1

      Tivo has an even easier out than that. They can simply stay with what they have.

    4. Re:Tivo has a very easy out... by init100 · · Score: 1

      Personally, I think Tivo should modify their box to simply report when the user is running non-standard code, then start a massive round of lawsuits for breach of contract-- It wouldn't be popular, but it would be justifiable, and legally sound.

      How could you sue for breach of a contract the defendant never signed? Ahh, you're probably referring the the USA, where click-through and shrink-wrap licenses count as enforcible contracts.

    5. Re:Tivo has a very easy out... by Anonymous Coward · · Score: 0

      Would it be acceptable if a tivo box deleted all content and
      subscription information as part of allowing one to run
      "modified" code? A one-time conversion to "open". Or is
      the real goal to access the DRM protected content?

  66. Re:This is what I HATE most about FOSS by Ravnen · · Score: 2, Informative

    What I find so exasperating about every GPL vs. BSD debate is that each one seems to break down into a ridiculous argument about the meaning of the word "freedom".
    Well, you can blame Stallman for that. He's the one who insists that the issue of source code distribution is somehow a matter of freedom. Hardly anybody who hasn't already accepted Stallman's ideology would think of it that way. I mean, if you go to a restaurant for dinner, do you complain of your freedom being violated if you're not given the recipe for what you're served? The whole idea is ridiculous.
  67. when are you distributing software? by Animaether · · Score: 1

    Just curious... (mod Troll if you wish, but certainly not intended as such)

    Obviously if I modify a GPL package, compile it, put it on my website... i'm distributing the thing, and anybody who downloads it should have access to my source code.

    But if I'm Google and I use a GPL package, modify it, compile it, and put it as a service on my website... I'm not distributing the actual program as that stays server side. So no source code for any users of my service. Also fair enough, I suppose (though some feel that Google is in abuse of Free licenses there).

    Now I'm ToVi (not sure about the exact bits in the TiVo case, so I'm not TiVo).. I modify a GPL package, compile it, put it on a harddisk platter, from which it can be read by the system to play back ToVi content. The user can access that harddisk via a USB cable. Did I just distribute the program? Probably.

    Now I take away that access, and the user can only get at it if they remove the HDD and put it in some other HDD enclosure or straight into their case. Did I just distribute the program? I'm going to guess 'yes'.

    Say that I am... now I encrypt the content of that harddisk and that content can only be decrypted using the key in the non-GPL firmware. Obviously the key will be cracked soon enough.. but did I still just distribute the program? I'm going to wager 'yes', because even though it's encrypted, it's still on there (though that might set some pretty dangerous precedent).

    So say I stick the program in the firware chip instead, and that firmware can't be read out (unless you have some very expensive gear). Am I still distributing the program? It's just on a chip, but the user certainly doesn't 'have' the program in any which way or form. I'm going to guess that the spirit says 'yes' but the letter may say 'no'?

    Assume it's 'no', and I update the firmware over the ToVi network. I suspect I'm now distributing the program again?

    So what if I, as ToVi, run everything GPL as a service.. the menu, DRM keys, whatever. That's a la Google. The only part I'm putting on the ToVi device itself being the decoding routines and such, as the internet is nowhere near fast enough for realtime upload/decrypt/decode/display/etc. routines. Assume those are not GPL. Am I now in the clear?

    In short... what's the argument for 'distributing' software, where the GPL kicks in?

    I know I might be splitting hairs, but the latest draft has some hairs that should be split (as pointed out by others) as it is.. might as well split this one and find out what the answer is.

    1. Re:when are you distributing software? by strider44 · · Score: 1

      What you're talking about is copyright and isn't specific to the GPL, and so it will vary between jurisdictions. I am not a lawyer in any of those jurisdictions, but I believe in most jurisdictions that simply putting it on a chip that can't be read out would still be considered making copies and distributing. Think of it this way: even if you put a book in a locked box where only someone with a set of lockpicks or a jackhammer could open it, you're still distributing the book.

      The line is simple, there can't be any gpled software or derivative of GPL software, even encrypted, on what you're distributing without it being covered by the GPL.

    2. Re:when are you distributing software? by Nite_Hawk · · Score: 1

      There is a pretty clear line imho. If you are distributing the program, no matter if it's on a harddrive, embedded in a chip, on punch cards, encrypted, obfuscated, etc, it's still distributing the program. This is technically true if you send the program over the wire and they execute it on their local computer. On the other hand, if you are simply letting them remotely use a copy you have installed on your computer, then it technically is not as they are only sending input and output to and from the program.

    3. Re:when are you distributing software? by Animaether · · Score: 1

      cool - thank you, and strider_44

  68. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    I mean, if you go to a restaurant for dinner, do you complain of your freedom being violated if you're not given the recipe for what you're served?
    Stupid example. May I give an example, which is exactly as stupid?

    You go to a restaurant for dinner, and get something you cannot identify. When you ask what this is, you get the answer 'food'. Does it violate your freedom, when you are asked to eat or pay for something you don't know?

    As I said, this example is as stupid than yours. I suppose others could find dozens for other ones to support the one or other opinion.
  69. Freedom of GPL and BSD license compared by AceJohnny · · Score: 4, Insightful

    Many people complain about GPL being less Free than the BSD license. They miss the point.
    GPL wants to ensure that all modification to the code remains free. BSD allows you to do anything to the code, including making it proprietary. Remember Windows' TCP/IP stack used to behave identically to BSD's, hinting to same underlying code.
    So if you realease code version n under the BSD license, sure, users of n can do whatever they god damn want. But it does not ensure anything for users n+1. GPL, on the other hand, ensures that users of n+1 enjoy exactly the same liberty. So, while BSD users have more immediate liberty, users of GPL have more long-term (in the sense of derived works) liberty.
    Ask HP-UX, AIX, Irix, and Solaris users if they enjoyed the same liberty the BSD gave to HP, IBM, Silicon Graphics, and Sun. Ask Linux users if they enjoy the same liberties as the kernel hackers have.
    So which license gives more liberty? Well, in the short-term, BSD. On the long term, GPL.

    As a developer providing code, selecting the license depends on where you want it to go. Do you want it to spread as far and wide as possible, at the expense of the original code? Go BSD. Do you want the original code to enjoy improvements brought from other people, at the expense of how far it'll spread? GPL.
    As a developer using free code, sure, BSD is so much easier to use. You can use it at work on your proprietary product that feeds your kids! It's harder to make a business model around GPL code, though (yes, I know there are many examples out there, but they still remain the [loudly publicized] exception to the rule).

    I really like the example of ODE (a game physics library). It is licensed under LGPL and BSD, but really, it seems most people use it as BSD. I know it's been used by Crytek (they contributed changes back), and I've heard it's been ported to the PS2, XBOX, and PS3. This is something that only the BSD license allowed, because the NDA of the devkits for those consoles implicitly prohibits the use of LGPL or GPL code in games, as the changes contributed back to the GPL/LGPL code will give hints of what's behind the NDA, and furthermore the developers cannot provide you with an object file that you can link with the GPL/LGPL code.

    There are two sides of the coin, here: the contributors to the mainstream ODE library are happy to know their work is used in awesome places like those consoles. However, the mainstream code is none the wiser: those changes have never made it back to the main tree.

    So what do you want? Your code to be improved upon by the community, or thrown into the wind, never to see those improvements come back, but knowing it went much farther than it ever could if you tied it down with the GPL?

    It really is two different things, and saying that one is more restrictive than the other is missing the point.

    --
    Misleading titles? Inflammatory blurbs? Keep in mind that Slashdot is a tabloid.
    1. Re:Freedom of GPL and BSD license compared by Vexorian · · Score: 1

      I think your post is all right, but I however don't love the GPL, I'll post my opinion as a reply in order to let more people notice your post.

      I don't understand why should the GPL be the way it is right now, as in, I still do not understand if I am forced to GPL my software for USING a GPLed library.

      My own way of thinking how a perfect OS license would work is that you shouldn't be forced to make your program GPL as well, but you would be forced to distribute source code of the library if and only if one of the next events arise:

      • You modified the library's code
      • The library's source code is not easily unavailable and another person requested it from you

      But the fact is that several years (2 actually) after I found out about the GPL I am STILL TOTALLY UNABLE to know what is the right way to use a GPLed library, as you said it depends on what project you are doing, I decided to choose Zlib license for my project since it is not really anything serious and whatever improvement done to it and released proprietary is unlikely and if it happens I expect it would be easy to clone it, aka it is way easier not to use GPL for this project. But there are still issues with the libraries I sometimes need, people seem to release the most useful free ones under GPL...

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    2. Re:Freedom of GPL and BSD license compared by oojah · · Score: 2, Informative

      But the fact is that several years (2 actually) after I found out about the GPL I am STILL TOTALLY UNABLE to know what is the right way to use a GPLed library

      Try this link: http://www.gnu.org/licenses/gpl-faq.html#LinkingWi thGPL. Basically, if you link your code to a GPL library then your code must be GPL as well. If the library is LGPL, your code does not need to be GPL as well.

      Cheers,

      Roger

      --
      Do you have any better hostages?
    3. Re:Freedom of GPL and BSD license compared by AceJohnny · · Score: 3, Informative

      I still do not understand if I am forced to GPL my software for USING a GPLed library.

      Yes, you are forced to, but only if the library is GPL, not LGPL. In that way, the GPL is admittedly a political license. Its purpose is to propagate this idea of freedom, and libraries are great vectors for that.

      It happens that you'll hit the dilemma of choosing between a good quality proprietary library (you'll have to pay to use it), a good quality GPL library (you'll have to make your code GPL too, to use it), and a lesser quality BSD library (you can just use it). Yeah, I said lesser quality for the BSD, otherwise there's no dilemma, is there? :)

      When somebody releases a library under the GPL (not the LGPL), it is to be used exclusively in GPL software. It is a tit-for-tat approach: you can use my GPL library if you subscribe to the GPL idea. If you don't agree, find another library.

      Yup, it's mingling technical and political aspects, but you know what they say: if you don't do politics, politics do you ;)

      For LGPL libraries, no, you can keep your software under whichever license you want, as long as changes to the library itself are propagated GPL-style.
      --
      Misleading titles? Inflammatory blurbs? Keep in mind that Slashdot is a tabloid.
    4. Re:Freedom of GPL and BSD license compared by Anonymous Coward · · Score: 0

      Thank you for the excellent fucking post. I now feel I understand the two licenses better than I did before!

      Yeah I'm a little drunk, but a bit more edumacated for it.. :)

  70. Re:This is what I HATE most about FOSS by Maximum+Prophet · · Score: 1

    Check it out. I'll bet there are laws in your State that restaurants have to tell you the ingredients. Check out a bag of Doritos. It has a list of ingredients in decending order of proportion. People with food allergies do have a right to know what's in their food, because it's a life or dead situation. I don't think any restaurant worth it's salt would refuse to tell you if a meal has been baked/fried/whatever. Put that together with the ingredients, and you have a pretty good start at duplicating the meal yourself.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  71. GPL is FUD.... by Anonymous Coward · · Score: 0

    ...to some extent. The language of the license is so vauge as to have a wide range of interpretations (i.e. viral, not viral, etc.); BSD doesn't suffer from that; it's simple.

    Take MySQL for example, they seem to believe that any program that _connects_ to the database is now under the GPL and requires a special commercial license ($$$$$$$$) if you want an exemption.

    "...all software is at risk from license changes."

    Some more than others depending upon the license, that's the friggin point!

    1. Re:GPL is FUD.... by Torne · · Score: 1

      Take MySQL for example, they seem to believe that any program that _connects_ to the database is now under the GPL and requires a special commercial license ($$$$$$$$) if you want an exemption.

      No, MySQL believe that any program which uses their GPLed client library, libmysqlclient, to connect to the database is now under the GPL. This is obviously true, because one of the explicit purposes of the GPL is to require you to GPL your code if you distribute it linked against a GPLed library.

      If you can manage to connect to the database without using their client library, then you can write all the non-GPLed software you want with no obligation whatsoever to buy a commercial licence. You'll find your software breaks whenever MySQL changes their protocol (as you won't automatically get the benefit of a newer client library), but that's your choice.
  72. One by one by Per+Abrahamsen · · Score: 3, Insightful

    > One major danger that GPLv3.1 will block is Googlization. Googlization means services contain
    > GPL-covered software that you can't change, because the product is never published and so no
    > source code has to be provided.

    This was actually up for GPLv3, but meet too much resistance through the review process.

    > One major danger that GPLv3.2 will block is Xboxization. Xboxization means devices contain
    > GPL-covered software that connect to a network that you can't change, because the network shuts
    > you out if it detects modified software...

    Xboxization would require DRM restrictions already forbidden in GPLv3.

    > On ATI/nVidia Linux drivers.. One major danger that GPLv3.3 will block is BLOBization.
    > BLOBization means software packages containing GPL-covered software that communicate to a
    > non-GPL-covered piece of binary software (BLOB) that you can't change, because the BLOB is not
    > covered by the GPL...

    This is already forbidden in GPLv2, the only reason ATI/nVidia can do it is because Linux is considered covered by "GPLv2 plus an implicit exception for binary BLOBs". Well, that and the fact the legal power to enforce GPL to people not actually distributing any GPL'ed software (but only binary BLOBs intended to link with GPL'ed software) is somewhat dubious. A new version of the GPL will not change either of these.

    > One major danger that GPLv4 will block is GPL-less compiling. GPL-less compiling means programs
    > created using GPL-covered software that you can't change, because the actual program contains no
    > GPL-covered source code.

    This is kind of silly, as the tools where this could actually be enforced (like GCC and Bison where non-trivial GPL'ed code is usually included in the result) has specific exceptions to allow "GPL-less compiling". For Bison, this exception was added recently.

    > One major danger that GPLv4.1 will block is artization. artization means original works of art
    > created using GPL-covered software that you can't change, because the work is strictly non-GPL.

    How is this different from the previous point?

    > One major danger that GPLv4.2 will block is reimplementation. reimplementation means software
    > programs developed based on, but re-implemented in a different way of, GPL software that you
    > can't change, because the work is not GPL.

    Given that the core of GNU is re-implementations of proprietary work, this goes beyond silly. It is also unenforceable with copyright law, you'd need a "copyleft" for patents instead (which has been suggested (albeit not by the FSF): This patent can be used by anyone who shared their own patents in a similar way).

    > One major danger that GPLv5 will block is in-houseation. in-houseation means software programs
    > based on, developed with, and so forth and so on as set forth in the other clauses, that is only
    > used in-house that you can't change because the source code need not have been made available.

    This would violate freedom 0, which would mean a clear breach of the contract signed to everyone who has ever donated software to the FSF. The FSF has already declared licenses with a "anti-in-houseation" clause for non-free with reference to freedom 0.

    > And so forth and so on.

    Actually, only your first suggestion had any basis in reality. The rest seemed made up with the sole purpose of spreading fear, uncertainty and doubt about the future of the GPL.

    1. Re:One by one by sofla · · Score: 1

      > Well, that and the fact the legal power to enforce GPL to people not actually distributing any GPL'ed
      > software (but only binary BLOBs intended to link with GPL'ed software) is somewhat dubious. A
      > new version of the GPL will not change either of these.

      This relates a bit to a point I've always wondered about w.r.t. GPL (which perhaps in the spirit of the OP, could be called "OS-ization"), perhaps someone has the answer, the question is this: how do you draw the line between the GPL'd software and non-GPL'd components that software depends upon? To be specific, think of any GPL'd software (for sake of argument lets say GIMP) that runs on Windows. In some sense of the word, GIMP cannot legally be placed under GPL, because it is not possible to put "the entire work" under GPL: portions of GIMP will link against Windows .DLL's, and those .DLL's aren't GPL'd. What is the criteria that exempts those .DLL's? Because it was produced by a different vendor? Because it is 'obviously' an 'independent' component? What? And whatever logic you use to draw the line, what is to prevent someone from using that same logic to construct some other GPL/non-GPL hybrid program? To send the point home, think about the case of a Windows-only (hasn't been ported, and perhaps couldn't be) program placed under GPL? You have the 'freedom' to port the OS-dependent code, you just have to re-implement those portions to use different API's that provide equivalent functionality. Seems to me it would be mighty easy to use that same logic to incorporate any non-GPL code you wish.

    2. Re:One by one by quantum+bit · · Score: 1

      > One major danger that GPLv3.1 will block is Googlization. Googlization means services contain
      > GPL-covered software that you can't change, because the product is never published and so no
      > source code has to be provided.

      This was actually up for GPLv3, but meet too much resistance through the review process. ISTM that this would be unenforcible anyway, as parties like Google aren't actually distributing anything. The only way to do it would be to turn the GPL into a form of EULA, which most open-source people tend to loathe.

      This is kind of silly, as the tools where this could actually be enforced (like GCC and Bison where non-trivial GPL'ed code is usually included in the result) has specific exceptions to allow "GPL-less compiling". For Bison, this exception was added recently. IMNSHO, this is why GCC and related development tools should be BSD or MIT licensed, like TCP/IP or X11. What's the point of using the GPL if you have to make exception after exception?

      Actually, only your first suggestion had any basis in reality. The rest seemed made up with the sole purpose of spreading fear, uncertainty and doubt about the future of the GPL. I prefer to see the grandparent post as satire rather than FUD, but to each his own.
    3. Re:One by one by Per+Abrahamsen · · Score: 1

      ISTM that this would be unenforcible anyway, as parties like Google aren't actually distributing anything. The only way to do it would be to turn the GPL into a form of EULA, which most open-source people tend to loathe.

      You are probably right. I remember it being on the original list of things to fix in the next version.

      IMNSHO, this is why GCC and related development tools should be BSD or MIT licensed, like TCP/IP or X11. What's the point of using the GPL if you have to make exception after exception?

      You have to put in a single exception for the runtime part. I don't see that as any reason to reduce the protection for the rest of the tool. Especially since GCC is RMS's favorite success story for the copyleft, where both the C++ and Objective-C front ends were made free only after the involved companies had given up on finding a way around the license. NeXT allegedly first proposed to distribute the Objective-C front end as .o files, to be linked to the rest of GCC by the user.

      I prefer to see the grandparent post as satire rather than FUD, but to each his own.

      Well, none of the moderators thought it funny...
    4. Re:One by one by Ohreally_factor · · Score: 1

      And it is quite admirable satire, in the tradition of Orwell. The writer is aware of a trend or tendency within the FSF and embodied in the GPL 3, and takes us on a little journey where that trend is realized, a bit at a time. It's a logical progression, although not an inescapable progression.

      My fear is that the FSF is moving the GPL and F/OSS towards a collective proprietary "state", with the FSF operating as the "dictatorship of the proletariat", i.e., a move away from an anarchist social model towards a Marxist-Leninist social model with control coming from the top downwards. Perhaps this fear is unjustified. Many have pointed out to me that Comrade Stallman would never compromise the revolution because he loves freedom. While I respect what Stallman, Moglen, and the FSF have done in the past, I still remain suspicious. History is littered with examples of revolutions hijacked and subverted.

      --
      It's not offtopic, dumbass. It's orthogonal.
    5. Re:One by one by edwdig · · Score: 1

      In some sense of the word, GIMP cannot legally be placed under GPL, because it is not possible to put "the entire work" under GPL: portions of GIMP will link against Windows .DLL's, and those .DLL's aren't GPL'd.

      The GPL has an exception for dependencies on libraries that are distributed as part of the operating system. I've often wondered where the line is drawn on that. Back when Qt was distributed under the QPL instead of the GPL, was it really a license violation for a GPL app to link against it? Almost every Linux distro in existence shipped with Qt, so you could consider it part of the OS.

  73. Yet more FOSS zealotry by Anonymous Coward · · Score: 0

    So in other words, GPLv3 wants to prevent 'tivoization', aka a successful Linux based product.

    Because the biggest sin in the FOSS world is becoming mainstream and successful. Keep it real, yo.

  74. Re:Gah GPLv3 is total bullshit by IkeTo · · Score: 1

    Why did you think that there had been nobody crazy enough to try challenging GPL? See

    http://www.linuxdevices.com/news/NS8564956607.html

  75. Re:any player that wants to put itself online by zmollusc · · Score: 1

    This is precisely why I am still contemplating and not buying third generation video players and HD - any player that wants to put itself online and check/revoke license keys is not welcome in my house.
    I wouldn't mind any supplier's gadget phoning home from my house as long as I can charge them for doing so/fine them for unauthorised lan access/charge interest on money owing/charge them for correspondence etc. I need to get some of those nickels and dimes back.
    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
  76. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    > Personally I won't accept it that someone might take my hobby code,
    > incorporates it in his product and someday I might indirectly pay
    > for my own code.

    Right now Google could be using a modified version of your GPLd code,
    and be requiring you to view advertisements in return for letting you
    execute your own code. Another site could charge you a subscription
    to use a service based on your very own code. How did the GPL help
    in that case?

  77. Alien Zombie Overlords! by Anonymous Coward · · Score: 0

    If they took over the FSF they could control the world!!!!

  78. Re:This is what I HATE most about FOSS by Ravnen · · Score: 1

    You go to a restaurant for dinner, and get something you cannot identify. When you ask what this is, you get the answer 'food'. Does it violate your freedom, when you are asked to eat or pay for something you don't know?
    Of course not. My freedom would be violated if, for example, someone forced me to eat it. If I choose to eat there, and then find the food and/or service is of poor quality, I'm free not to eat the food, not to go there again and indeed to refuse to pay the bill. There is absolutely no violation of freedom involved in your example.
  79. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    Hang on a second here: I think you'll find that this is the way that most people argue(!) - Why would anybody deliberately use phraseology that goes against the point they're trying make?

    Because they're trying to be intellectually honest, and their goal is finding a solution rather than forcing through the point of view they had at the start of the discussion at any cost?

    But yes, that's quite uncommon(and quite hard, humans seemingly being competitive and given to conflict by nature).

  80. GPL 2 & 3 and coupons by anwyn · · Score: 5, Interesting
    Suppose that Darth wants to do something bad with some Free software. The GPL prevents Darth from doing this, when it works, by a two step process.
    1. Darth realizes that he is doing something that requires a license under applicable copyright law. The GPL is the only license available.
    2. The provisions of the GPL do not allow what Darth wants to do, so that Darth can not use GPL as a license if he does it.

    Suppose that Darth goes ahead and does it anyway, what does the enforcement process look like? Darth gets sued under copyright law, like IBM did against SCO with IBM's counter claims. The free software side has to prove two things:

    1. Darth has done something that requires a license under applicable copyright law.
    2. The GPL does not protect Darth because Darth has not abided by its terms.

    In order the suit to be successfull against Darth, both steps have to succeed. Step (2) can be optimized by the FSF, by adjusting the terms of the GPL, to make it as difficult as possible for Darth. The GPLv3 is an improvement in this process. Step (1) is the step that the FSF can not control, because the applicable copyright law is written by the legislature (in the U.S. that would be congress), not by the FSF! Therefore, step (1) is the weak point! If Microsoft is ever sued under the copyright law because of the coupons, Microsoft will attack the week point of the argument (1). This is what Microsoft's lawyers will say:

    Microsoft has not and will not agree with any version of the GPL. Distributing these coupons does not require a license under applicable copyright law. Distributing coupons is not distributing software in the meaning of copyright law. Therefore the terms of the GPL (both versions) are irrelevant. The expiration date of the coupons is irrelevant. Game over.

    The key assertion in the above is:

    Distributing coupons is not distributing software in the meaning of copyright law.

    If Microsoft can win on the key assertion. Then it will win. If the lawyers for the free software side can knock out the key assertion then they will win.

    Why do the coupons exist in the first place? Why did not Microsoft just hand out SuSE installation DVDs? The reason is obvious. Microsoft did not want to become a GNU/Linux distributor. The coupons are a dodge to get around this. The whole raison d'etre for the coupons was that that Microsoft avoid becoming a GNU/Linux distributor! Can anyone believe that Microsoft allowed the coupon scheme to proceed, without first getting on Lexis and finding out whether the scheme would work? It is guaranteed that in some Microsoft lawyer's briefcase, there is a brief. And that brief deleniates in excruciating detail why the coupon scheme does not make Microsoft a GNU/Linux distributor. And the brief was checked and rechecked by multiple lawyers before the coupon scheme was ever allowed to proceed.

    The free software argument against the MS-Novel coupon scheme, is a chain. And like any chain, it is only as strong as its weakest link. It is no good for free software advocates to sit back and congratulate themselves on how strong their strong point (2) is. Of course it is strong! The FSF deliberately designed the GPLv3 to make it strong! The point is, that Microsoft is not going to attack this strong point. Microsoft is going to attack the weak point (1).

    Instead of congratulating them selves, free software advocates should be critically examining their own arguments looking for weak points. And when they find one, they should research the caselaw looking for ways to shore up their arguments! They should not be replying to the weak points with mere repeated assertion of what they hope should be true, instead they should do some real scholarship.

    Let us not forget the anti-patent provisions of GPLv2! It includes an "im

    1. Re:GPL 2 & 3 and coupons by huckamania · · Score: 1

      That is an excellent analysis and I think you are right about the big question. For most slashdotters, the GPL can only be discussed in philosophical terms. Unfortunately we live in the real world, where even retarded cases like SCO vs IBM drag on for years.

      For entertainment value alone, I would love to see a big OSS vs M$ legal battle over GPLv3. I just don't think the FSF has the balls or the standing to actually pursue legal action. I could see them suing Novel, but how a court decision against Novel could compel M$ to grant a blanket license to GPLv3 land is beyond my comprehension.

      But then, I don't quite comprehend how 'GPLv2 or later' became 'GPLv2 unless later'. I'm sure some smart copyleftist can explain it to me.

    2. Re:GPL 2 & 3 and coupons by chris_7d0h · · Score: 1

      Great analysis.

      Unfortunately I'm not a lawyer and as such may have misunderstood the three laws in play here, but according to this interview segment with Eben Moglen, it sounds that his counter argument will be that through the patent deal with Novell, Microsoft knowing full well of the imminent introduction of GPL V3 knowingly extends their patent "protection" as per the provision of GPL V3. Now I agree, his argument doesn't clearly address the main concern of your analysis but to me he seems to rely on one law (copyright law) being able to affect another (patent law) through a third (contract law) and that to me seems to be a very risky position to take if not just very complex for non-lawyers to wrap their minds around.

      It would be great if you could send your analysis to FSF in order for them to provide their reasoning around how they plan to tackle the question. If you do, please either add any reply you may receive to your /. journal or pm it to me since I'm very interested in their response.

      Can a copyright license control patent provisions? Can aspects of an agreement made (contract law) between a party and another be automatically extended beyond the agreement by actions performed and circumstances surrounding one of the parties for actions and circumstances not covered by the agreement itself? Muddy water this, to be sure.

      --
      In a society that believes in nothing, fear becomes the only agenda ~ Bill Durodié
    3. Re:GPL 2 & 3 and coupons by LoveMe2Times · · Score: 1

      When the whole no-expiration-date thing came up on Groklaw a couple weeks ago, I posted a similar post there. Thank you for taking the time to spell it out here on Slashdot. They key point that seems neglected again and again is that if MS is distributing GNU/Linux wrt Copyright Law by giving out the vouchers, then they need a license. As of today, that license is GPLv2, and if MS knows of any patents in any software they are distributing under GPLv2 that are not available to the whole world royalty free (perhaps patents MS itself owns?), then they are in violation of GPLv2. Anybody who owns the copyright on anything included in whatever MS is "distributing" that is licensed GPLv2 can sue MS right now for copyright violation. As you rightly pointed out, there's no way in hell MicroSoft's team of lawyers would have allowed this to happen. And if MS doesn't need GPLv2 today, then they won't need GPLv3 tomorrow. Even if somehow it turns out they need a license, at worst MS disavows GPLv3, pays some fines, and moves on. As far as I can tell, this whole expiration date thing was one of the stupidest wank-fests I've seen from the F/OSS community. And I'm a member of said community, so I really hate to see it.

  81. Re:This is what I HATE most about FOSS by Ravnen · · Score: 2, Insightful
    A list of ingredients is not the same as a recipe, any more than a list of machine code is the same as source code. A recipe tells you how to create something, whereas a list of ingredients just tells you what it is.

    What is the freedom supposedly being violated if you choose to eat at a restaurant where the staff refuse to give out a recipe along with the food? If you demand recipes, what's stopping you eating somewhere else, or even preparing your own food? Nobody's forcing you to do anything or preventing you doing anything.

  82. Nice job by p3d0 · · Score: 1

    Awesome troll. Almost believable.

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  83. This seems mostly uneffective... by hummassa · · Score: 1

    This only means that DRM will need to be implemented in the way that DRM should have been implemented all along (to the extent that DRM should exist, anyway): it will need to make use of PKI to ensure that each consumer has his own key with which to unlock his licensed content. This key, not being part of the source code, means that the implementation can be open while the DRM can be bullet proof right up until the final conversion to analog. -- And just before that you pipe the (digital) inputs of the DACs to your recording machine and Profit!!! Nudge, nudge, wink, wink.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  84. Re:This is what I HATE most about FOSS by Kjella · · Score: 1

    TiVoisation is the equivalent of putting a 'free man' into a cell with no doors or windows. There's nothing legally stopping him from leaving the cell -- but his 'freedom' isn't worth a hill of beans -- he still can't get out.

    Pretty good analogy, it works much the same for DRM except it's the same in reverse. It's putting your legally bought content into a safe with no key. He's 'free' to use the content -- but his 'freedom' isn't worth a hill of beans -- he still can't get in.

    --
    Live today, because you never know what tomorrow brings
  85. Good God! by Danathar · · Score: 2, Insightful

    If you don't like the GPL...don't use it. If you like the BSD license, use it.

    If you don't like the fact that the GPL software you are using to develop your proprietary software has a GPL license then that is YOUR fault.

    People who bitch about the GPL are the people that don't believe in the GPL and don't agree with the FSF's ideas. Duh. They get upset because they can't use GPL sofware like software under the BSD license.

    It's not YOUR license. It's the FSF's license. They get to write it with whatever input they accept. It's not YOUR software you are using to develop whatever you are developing (if you didn't write it). The authors get to decide legally how you can use it. If it's the GPL and you don't like it? Too bad.

    Freedom does not include the right to force somebody else to do your bidding. That's called enslavement.

    1. Re:Good God! by Anonymous Coward · · Score: 1, Insightful

      Freedom does not include the right to force somebody else to do your bidding. That's called enslavement.


      So what does this say about GPLv2 and GPLv3, in which, if you modify the software (and distributed it), you are forced to release it under GPL (FSF is forcing you to do their bidding)? Once you use GPL, you are enslaved by it?
    2. Re:Good God! by Anonymous Coward · · Score: 1, Insightful

      If you don't like the GPL...don't use it.

      That's the whole problem. The OSS movement needs people to use the GPL, but this is a big disincetive to the people that OSS needs the most support from: businesses. After all, if the FSF is willing to alter the GPL to stop Tivoization, what else are they planning to alter the GPL to prohibit?

    3. Re:Good God! by chromatic · · Score: 1

      If I jump out of my second-floor window, the law of gravity forces me to accelerate toward the ground. Yet would you say that the law of gravity forced me to jump out of my window?

    4. Re:Good God! by 99BottlesOfBeerInMyF · · Score: 1

      So what does this say about GPLv2 and GPLv3, in which, if you modify the software (and distributed it), you are forced to release it under GPL (FSF is forcing you to do their bidding)? Once you use GPL, you are enslaved by it?

      I think you're mistaking the idea of personal freedom and societal freedom. I'm free to go buy a bottle of booze. I'm not free to go take a bottle of booze without paying for it. Does this mean I'm enslaved by the law that says stealing is illegal?

      In our current society and set of laws the author of a work has the right to copy it and everyone else has their rights to make copies limited. Note, this has nothing to do with the GPL, it is copyright law. What the GPL does is offer a trade. Just as I can buy booze for money, the GPL offers me the right to make copies of code, providing that if I make any changes and distribute those changes, I distribute them to everyone else under the GPL. That is called a trade, not enslavement. If you don't want to use the code, don't. If you do want to use the code (just as if you want to take a bottle of booze) you pay. Your personal freedom to take a bottle, or make a copy of some code, does not trump the person freedoms of others to own property or to control the copying of a work, at least according to our current laws and social conventions. If you think copying or stealing should be legal, you should address the laws that make them illegal, not the person licensing the code, or selling the booze.

    5. Re:Good God! by Danathar · · Score: 1

      It's not enslavement if you voluntarily choose it.

      Nobody is forcing you to modify GPL software with a gun to your head. Don't touch software that has licenses you can't agree with.

      You never had the freedom to deviate from their license (any license) with their software (any author) to begin with. Except under the terms they've written.

      Every software developer has freedom prior to using any software or choosing any license. The freedom to choose whatever license they want for THEIR code and the freedom to use software written by others or not.

    6. Re:Good God! by Danathar · · Score: 1

      Yes...a better explanation than mine :)

    7. Re:Good God! by Danathar · · Score: 1

      The OSS movement and the Free software movements are two COMPLETELY DIFFERENT THINGS. The fact that one compliments the other is a bonus.

      And yes they can prohibit anything they want at any time. It's their license and anybody who puts code under that license owns the right to change that license at any time for any reason.

      If the OSS movement wants to stop using the GPL then they should what they want with THEIR software.

    8. Re:Good God! by init100 · · Score: 1

      After all, if the FSF is willing to alter the GPL to stop Tivoization, what else are they planning to alter the GPL to prohibit?

      If they were planning to alter anything else, it would certainly be in the current draft.

    9. Re:Good God! by Anonymous Coward · · Score: 0

      >The OSS movement and the Free software movements are two COMPLETELY DIFFERENT THINGS. The fact that one compliments the other is a bonus.

      My goodness, anal, aren't we? The difference doesn't matter to the unwashed masses, so pretend it says FLOSS.

      >And yes they can prohibit anything they want at any time. It's their license and anybody who puts code under that license owns the right to change that license at any time for any reason.

      "I have altered the deal, pray that I do not alter it further." --D. Vader

      Not a real good basis to gain the trust of other people. Yeah, the FSF can change the GPL any time they want and businesses are free not to use the GPL anytime they want. That doesn't do anybody any good.

      Is that what you want? Whose side are you on anyway?

  86. Hahaha by Anonymous Coward · · Score: 0

    > Pretty much. GPLv3 is a great win for Microsoft in the embedded market.

    It would have been had they not inadvertently licensed their patents via the Novell deal!

    > The inability to run modified code also means an increase in the security of a
    > Tivo placed on the network.

    I'm not happy with the clause but why deny keys to those who want to modify their hardware? The risk from twats who set up servers and never do maintainance or apply updates is far greater. This isn't an argument for TPM either, it's an argument for assigning liability for networked devices.

    1. Re:Hahaha by LWATCDR · · Score: 1

      GPLv3 isn't in effect yet and the GPL is still untested in court. Hello court case that will drain the bank accounts of the FSF. Yea that will be great.
      "This isn't an argument for TPM either, it's an argument for assigning liability for networked devices."
      Yea I want to be sued because somebody finds a zero day exploit in some code I am running.
      yea let's make the victim responsible for the attack.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:Hahaha by Anonymous Coward · · Score: 0

      > Hello court case that will drain the bank accounts of the FSF.

      The FSF (a charity) will have their costs covered through donations, whereas Microsoft will be losing blood from the outset. Nobody is afraid of Microsoft, there's a big pack of predators waiting for the right moment to bring the dinosaur down.

      > Yea I want to be sued because somebody finds a zero day exploit in some code I am running.

      You wouldn't be sued because you are (I assume) a responsible adult who would patch their software as soon after hearing of the vulnerability as was practical. OTOH, the negligent idiot who left a server festering for 5 years would be liable when the host was used for network attacks.

    3. Re:Hahaha by Anonymous Coward · · Score: 0

      the GPL is still untested in court

      This old canard again? The GPL itself doesn't even come up in a hypothetical court case involving GPL software. The owner of the copyright (usually not the FSF, often a big firm like IBM) simply sues the violator for copyright infringement. The violator can't use the GPL as a defense unless they agree to its provisions, so it many cases it wouldn't even be brought before the court.

      More to the point, this never occurs because the validity of the license is all but universally accepted in the IP law community. You couldn't beat it simply by showing it to be invalid because then copyright gets you, so you'd have to prove that it's legally equivalent to a release into the public domain. That's a long row to hoe since the GPL explicitly states that it's NOT a release into the public domain.

    4. Re:Hahaha by Kalriath · · Score: 1

      It would have been had they not inadvertently licensed their patents via the Novell deal! Incorrect. Microsoft never agreed to the GPL either via electronic or ink signature means. They have licensed nothing, as you can't bind third parties into a contract without their consent (e.g. you can't bind Walmart into the GPL because they sell Dell PCs with Linux on them - the law simply wont tolerate it).

      Otherwise, you are saying that it is nice and legal for me to sign a contract saying that I will borrow $6,000 from a finance company and you will repay it (note: without your signature), and expect it to be binding.

      Moglen's opinion there would never hold up in court... though I would be interested in seeing how he defends it.
      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  87. Re:This is what I HATE most about FOSS by mrchaotica · · Score: 1

    And there is nothing wrong with that. But saying that something which inherenting restrictions ones freedom actually promotes freedom is simply wrong.

    Laws against murder restrict your freedom to kill people. Laws against slavery restrict your freedom to own slaves. Yet most reasonable people would still consider both those laws to promote freedom because they promote the freedom of the people who would otherwise be killed or enslaved. Is that so hard to understand?

    Similarly, the GPL restricts your freedom to close the source code. In doing so, it promotes the freedom of the people who receive the software from you. Is that so hard to stand?

    It is not "simply wrong" to say that the GPL promotes freedom!

    --

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

  88. Re: compiling under gcc? vs. the Intel compiler by CodeShark · · Score: 1

    Forgive my ignorance on this issue, and stipulating that once a person links to any library in GCC, etc., it is unlikely to be able to avoid GPL'd code -- but my understanding is that as long as a person doesn't include actually include GPL'd stuff (even copied) into an application, or if the resulting app is never "distributed", then the GPL doesn't apply (?)

    Am I missing something here?

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  89. Re:This is what I HATE most about FOSS by Chelloveck · · Score: 1

    When you GPL your code you are asserting that it will be forever "free", that nobody can lock it up.

    GPL is a lot like Free Speech.

    Which is more 'free' a society where you can say whatever you like, and then someone in government can exercise their freedom to lock you up for ever. [=public domain] Or a society where you can say whatever you like, and the government is forced to protect your right to do so, even though you are infringing on someones freedom to lock you up forever. [=gpl]

    Your analogy-fu is weak, old man. Let's say you've written a program and placed the source code into the public domain. Someone takes it, adds to it, and releases their version in binary-only form. How have either you or your code been "locked up"? You haven't. You're free to continue writing, and your original program still exists in the public domain. Others are still free to take your version and continue to modify it. You have lost nothing. You're free, your code is free.

    Now let's say that you've written another program and released it under the GPL. Someone takes it and incorporates it into their own program. Your code is just one small part of a much bigger program. According to the GPL, not only must this other person publish his modifications to your source code, he must publish all of his own original, completely unrelated code that makes up his program.

    The GPL isn't just about getting back changes people have made to something you've written. If it were, then it should be sufficient for him to release his mods to your code but to keep his own code private. No, the GPL is about spreading the "code wants to be free" ideology. Which is fine if that's your intent, but please be honest about it.

    To fix your analogy, which is more free? Being able to build on existing works if and only if you agree with the established dogma [=gpl]? Or being able to build on existing works in any way you wish, even to the point of heresy [=public domain]?

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
  90. Re:GPLv3 anti-business-nazi by Ed+Avis · · Score: 1

    As I understand it, the 'consumer products' restriction was put in because of pressure from companies. Business wanted it that way. Saying yes to this request may count as anti-business in your reckoning, but not mine.

    However, words like 'anti-business' are usually meaningless. Many would argue that GPLv3 is anti-consumer because it deprives consumers of the wonderful opportunities given by exciting new business models that are enabled by DRM.

    IMHO 'anti-business' should be added to the list of meaningless slogans, along with 'intellectual property' and even, dare I say it, 'freedom'.

    --
    -- Ed Avis ed@membled.com
  91. why is anyone responding to this troll by Anonymous Coward · · Score: 0

    some readers troll detection routines have problems.

  92. Here's the LGPLv3 work by dwheeler · · Score: 3, Informative

    Check your facts. Here's more info about the LGPLv3. The LGPL has gotten less discussion; it's based on the GPL, so once the GPL is changed the LGPL basically follows suit.

    --
    - David A. Wheeler (see my Secure Programming HOWTO)
  93. GPL3 Robotics? by g8orade · · Score: 1

    So will a robot with GPL 3 code be a good idea, so Johnny can make his AIBO do anything he wants?
    Has RMS discussed freedom to code and robotics?

    Is there any more / less risk with free code than closed code with regard to robotics? Just like any technology in the wrong hands perhaps.

    g8orade

    1. Re:GPL3 Robotics? by Anonymous Coward · · Score: 0

      Why is an Aibo any different from any other computer?

  94. Re:GPLv3 anti-business-nazi by Anonymous Coward · · Score: 0

    But as the owner of a small business (in a hypothetical situation), I am not being protected whereas I, being the same person, would be protected if I were simply a consumer. Doesn't sound right or fair to me. It also goes to show once more that the GPLv3 is anti-business. First, as the grandparent said, companies and people are different things and have different protection in law; businesses can't vote, businesses can be bought and sold, businesses can be terminated by their owners, businesses can repeatedly kill people without being imprisoned. Do you really think that all these distinctions are also wrong?

    As to your conclusion, identifying that an organisation is discriminating between commercial and non-commercial uses of products cannot be used to support arguments that the organisation is "anti-business" - unless you think that Microsoft are anti-business when they sell cheap "educational" licences to students, but not to businesses.
  95. Re:GPLv3 anti-business-nazi by aussie_a · · Score: 1

    businesses can't vote, businesses can be bought and sold, businesses can be terminated by their owners, businesses can repeatedly kill people without being imprisoned. All of these differences have to do with the fundamental nature of businesses, there is nothing fundamental about a business that says it should be allowed to be restricted by tivoized hardware while consumers shouldn't.

    unless you think that Microsoft are anti-business when they sell cheap "educational" licences to students, but not to businesses. If anything Microsoft is anti-non-students, not anti-business (not that I'm saying its anti-non-student, this discount is given because students typically have less incomes, whereas the GPLv3 difference has nothing to do with price).
  96. Re:GPLv3 anti-business-nazi by aussie_a · · Score: 1

    As I understand it, the 'consumer products' restriction was put in because of pressure from companies. I've addressed this point here where I respond with:

    Then these business are free not to remove the DRM placed on it by the distributor. Just as consumers are free to do. Or was it the producing businesses that "wanted it this way" not the consuming businesses?
  97. DRM and GPL3 similarity by thethibs · · Score: 1

    An interesting thing about all this is that GPL3 and DRM share at least one significant fault: they both make compliant use more burdensome than non-compliant.

    --
    I'm a Programmer. That's one level above Software Engineer and one level below Engineer.
  98. gpl over bsd by Anonymous Coward · · Score: 0

    have to post as a ac because i am at work.
    someone in the last post about this said they can't take his code away from him even if he puts it under the bsd license.
    this is not correct, it's very simple to do.

    company A is making project A and sees finds person's B code under the bsd license.
    company A takes it, and integrates it into their project A. this code makes project A a hit but company A puts out a software patent on the bsd code they took and since company A has millions at it's disposal they grease the system enough to get their patent.
    person B receives a cease and desist letter in the mail stating his code was copied from company A's project A. person B does not have the money to fight company A's claim in court.
    Person B now has to delete his own code, and pay thousands in fines to comply or face a much more costly court battle.
    company A now has successfully stolen person b's code at the fraction of the cost it would of taken company A to make similar code, ironically if the bsd zealot had put his code under the gpl he could of used the same system that company A abused to get it's way to counter it's attempt since the gpl is based on the copyright law it's self. putting your code under the bsd waves some of those rights.

    1. Re:gpl over bsd by Anonymous Coward · · Score: 0

      That's an unlikely scenario. If you release your code under BSD, there will be records of it all over the Internet, so any company that tries to pull those shenannigans will not get very far. And by the same token, they could try the same thing with a piece of GPL code, after all the license itself is just text. But here again, there will be records all over the place, unless you happen to not distribute your code (but then how did the company get ahold of it?) The GPL doesn't offer you any more protection in the case of a company lying their asses off and violating your license.

  99. Re:GPLv3 anti-business-nazi by Ed+Avis · · Score: 1
    Brett Smith from the FSF talked about this issue in this Groklaw interview:

    Why do you feel the need to draw lines between different locations of licensee?

    If a buisness doesn't want control of their hardware, they should rent that hardware. And I seriously doubt that any business really wants manufacturers to have control over their hardware. Manufacturers who are worried about modifications to their software causing them liabilities should put it bluntly (at point of sale) that they are not responsible if the thing they sell is modified in any way.


    We don't want to draw a line based on whether you rent or own the device that houses the software, because if we do, every device manufacturer will find a way to "rent" their device as a way to get around the GPL's requirements. We've already seen some distributors try to make this very argument with GPLv2, particularly in the ISP business where it's common to lease modems to customers--even though rental qualifies as distribution in pretty much every jurisdiction.

    Moreover, the companies that have the sort of "managed IT" that we're trying to allow--where they don't have the keys to modify the software and actively don't want them--are already renting that hardware. Nonetheless, they were still concerned that it would not be possible to use GPLv3 software in these programs.

    ...

    Any device you can buy at an electronics store should qualify as a Consumer Product. This includes the overwhelming majority of desktop and laptop computers, portable media players, all kinds of mobile phones, DVRs, plenty of digital cameras, wireless routers, and other dedicated hardware.

    Devices that probably don't count are the kind of very-high-end computing equipment you would expect: Blade servers, huge rackmount Gigabit Ethernet switches, that sort of thing.

    The line between these two extremes is blurry. I don't know exactly where we're going to settle on a cut-off point. None of these devices should be locked down; we say that in the preamble of the draft. But the people distributing these devices aren't locking them down just to take away users' freedom, and right now there's no reason to believe that's going to change--quite the opposite, actually. Meanwhile, the devices where this is a problem are all very safely tucked under the Consumer Products umbrella. So even if the definition of Consumer Product isn't perfect, we think it's still a good compromise to help us achieve our goals.


    I think he is saying that in practice, the freedom-denying effects of say Tivo (forcing DRM down your throat) are more serious than those caused by unmodifiable firmware in an Ethernet switch. I agree, ideologically it seems like an uncomfortable compromise position.
    --
    -- Ed Avis ed@membled.com
  100. Re:GPLv3 anti-business-nazi by aussie_a · · Score: 1

    So because they didn't speak with anyone that has a problem with it, they're willing to deny businesses the same freedoms they give consumers? Wow. I have trouble understanding why it works for businesses to be restricted and that's okay, but it doesn't work for consumers and that's bad.

  101. What will change and what is the fix for TiVo? by that_xmas · · Score: 2, Insightful

    This is what I'm seeing from the comments here about the problem of "Tivo-ization".

    The current TiVo system is three components: Hardware - DRM - GPL OS and software. The box will shut down if the compiled binaries of any GPL programs are changed.

    The GPL v3 says that's bad. The TiVo users should be able to change the binaries of compiled GPL software with different GPL versions of those software.

    TiVo's obvious fear here is that new versions of the GPL components could be used to circumvent their DRM. Once the box is in the user's hands, it's only a matter of time before the DRM is hacked.

    The GPL v3 promoters' response is that TiVo can customize their hardware and firmware instead of locking down the GPL binaries. So the future state Tivo components will be:

    Hardware - DRM - Command Validating Firmware/Hardware- GPL OS and software

    If the command validating Firmware or Hardware shuts the TiVo down when it receives an invalid command from the OS or software, then this is functionally no different than the original version of the TiVo. That will be unacceptable to the GPL v3 promoters. If the Command Validation does something more benign, then it's only a matter of time until the DRM component is circumvented. That will be unacceptable to the broadcast media companies.

    Is there another option for TiVo to keep using GPL software while finding some way to protect their DRM component from being hacked by the user?

    1. Re:What will change and what is the fix for TiVo? by Todd+Knarr · · Score: 2, Informative

      There isn't. That's intentional. The spirit of the GPL says "When you base your stuff on GPL'd code, the people you give the results to are free to do the same things you did.". Tivo wants to be able to modify and redistribute someone else's code, but not allow anyone to modify and redistribute their code. Trying to finesse the point by saying "Well, you can modify the code and redistribute it, but the people you give it to can't use it in any meaningful way..." isn't going to fly.

    2. Re:What will change and what is the fix for TiVo? by init100 · · Score: 1

      Is there another option for TiVo to keep using GPL software while finding some way to protect their DRM component from being hacked by the user?

      Yes, they can fork the current GPLv2 codebase, and maintain it for themselves. It might be pretty expensive, but it's certainly an alternative.

    3. Re:What will change and what is the fix for TiVo? by Anonymous Coward · · Score: 0

      You can modify and redistribute Tivo's code as much as you like.

      You can't run it on a Tivo, however.

      Nor can you do so legally, even if the box allowed it.

    4. Re:What will change and what is the fix for TiVo? by m50d · · Score: 1
      If the command validating Firmware or Hardware shuts the TiVo down when it receives an invalid command from the OS or software, then this is functionally no different than the original version of the TiVo. That will be unacceptable to the GPL v3 promoters

      It's acceptable, because it means you can still e.g. put a nicer interface on the software. GPLv3 is not about giving you the right to remove their DRM so much as the right to improve the software running on your tivo.

      --
      I am trolling
    5. Re:What will change and what is the fix for TiVo? by QuoteMstr · · Score: 1

      What's the legal argument against running modified code on a tivo that you own? If it's my device, book, DVD or anything else, I ought to be able to do anything I want to it so long as I don't distribute the result.

    6. Re:What will change and what is the fix for TiVo? by Todd+Knarr · · Score: 1

      I think the legal arguments are two-fold:

      1. It involves making a copy into the device's memory, which you don't have a license to do.
      2. It requires circumventing a protection mechanism, which you aren't legally allowed to do.
      Now, USC Title 17 117(a)(1) shoots down part 1 of that by explicitly saying that copies which are an essential part of the utilization of a program in conjunction with a machine are not infringements of copyright. Part 2, of course, is shot down by GPLv3 saying that Tivo cannot invoke that bit and still be in compliance with the license that lets them distribute the GPL'd code they base their product on.
  102. Re:This is what I HATE most about FOSS by init100 · · Score: 1

    In other words : you claim ownership upon other peoples work, just because you added a (tiny) bit to it?

    If his contribution is so tiny, you could have written it yourself. It is more likely that the contribution is substantial, which would present a major hurdle to rewrite. In this case, you simply want to exploit other people's work for your own gain only. How is that any better?

    In addition, derivative works are not invented by the FSF for the GPL. It is an established concept of copyright law. The GPL just is a little different from proprietary software licenses in its treatment of derivative works. If you use a piece of proprietary software in your program, you would have to negotiate a license for redistribution, which would probably cost you money (maybe even a lot). The GPL on the other hand demands no money for your use of covered code. Instead, it demands the publication of derivative works.

    Your "freedom" seems to be to deny other people theirs.

    Just like yours. The so called "freedom" provided by the BSD license is all about allowing people to deny freedoms to users of derivative works.

  103. Re:This is what I HATE most about FOSS by RobBebop · · Score: 1

    Grandparent:

    Which is more 'free' a society where you can say whatever you like, and then someone in government can exercise their freedom to lock you up for ever. [=public domain] Or a society where you can say whatever you like, and the government is forced to protect your right to do so, even though you are infringing on someones freedom to lock you up forever. [=gpl]

    Parent:

    To fix your analogy, which is more free? Being able to build on existing works if and only if you agree with the established dogma [=gpl]? Or being able to build on existing works in any way you wish, even to the point of heresy [=public domain]?

    This is an endless arguement about asking "which is more free?", because freedom means different things to different people.

    Some people exclaim they need the freedom to develop a product which they can turn around to sell so they derive a financial benefit (I call people who would start with code written by others as their base (even BSD) greedy and selfish, but that is my own opinion and many would say I am wrong). Either way, this is "corporate freedom" because it is used to enhance business.

    Other people need information to have freedom, so they can use, modify, and share it with others without restriction. This is a pie in the face of "corporate freedom", because it prevents the wholesale ownership of code. This is "individual freedom" because it is used to enhance the individual user of the codebase. Helping to enhance individuals has the added benefit of improving technological culture (and culture in general), because as more is added there is more that others can take away.

    As far as business vs individual is concerned... as more GPL software is developed it competes more-and-more with stalwart businesses who historically had technological advantages that gave them huge pricing power so they can run their business. By itself, Windows wasn't treatened by Linux. But with OpenOffice, Firefox, GIMP, Apache, GCC, Eclipse, and others there is a strong threat to MS Office, Internet Explorer, Photoshop (yes, I realize is not MS), IIS, VisualStudio, and others). RMS, bless his soul, understood the threat of proprietary software very early on and using the FSF has fortified a strong camp to protect important freedoms of individuals. Using GPL, the corporate world doesn't have a prayer in the long term unless they add some truly VALUABLE FEATURES to their products that OSS cannot reproduce. This competition is good for everybody, but it is my opinion that this competition will ultimately strike a fatal blow to proprietary software shops and they will need to rethink their ways.

    Microsoft understands this. Apple understands this better. Google understands this best. All three use different ways to protect their proprietary code. Microsoft has litigation and patents. Apple has valuable features and integrated hardware. Google has a webplatform that it doesn't distribute and offers strong support for OSS.

    As far as business vs individual is concerned... I think a lot of people get pissed off because they feel that they need the "business" aspect to be there so they can earn a living. This is a flawed belief that highlights the fact that many people are too scared to think outside-the-box and imagine a different (better) way of living.

    --
    Support the 30 Hour Work Week!!!
  104. oh, the irony by Anonymous Coward · · Score: 1, Insightful

    "Freedom does not include the right to force somebody else to do your bidding."

    Does that include requiring you to GPL your own software if a small portion of it used a GPL'ed library?
    Funny, that's not my definition of "freedom" either. It's my code, the GPL portion is a small bit and doesn't represent what the software is about (major funtionality) in the slightest.
    GPL is the same thing as proprietary (in terms of restriction) just on the opposite end of the spectrum.
    LGPL and BSD like licenses carry less "political"-ness.

    Yes, I will use something else, something that allows me to choose how I re-distribute my software, thanks. Something that doesn't force me to agree with someone else's politics.

    1. Re:oh, the irony by Danathar · · Score: 1

      "Does that include requiring you to GPL your own software if a small portion of it used a GPL'ed library?"

      Yes. You chose to the the GPL'd libary and accept it's license. Your fault.

      "Funny, that's not my definition of "freedom" either. It's my code, the GPL portion is a small bit and doesn't represent what the software is about (major funtionality) in the slightest."

      It does not matter what your definition is. If you accepted using GPL'd software using their license then you effectively agreed with them. That's the Law.

      "GPL is the same thing as proprietary (in terms of restriction) just on the opposite end of the spectrum.
      LGPL and BSD like licenses carry less "political"-ness."

      So what? Not your license. You didn't write it. You are not responsible for it. The FSF has a political agenda. They don't hide it. They have ideas about how things should be and are using licenses to further that goal. In my opinion it's perfectly legitimate.

      "Yes, I will use something else, something that allows me to choose how I re-distribute my software, thanks. Something that doesn't force me to agree with someone else's politics."

      Good for YOU! You've come to realize that you HAD COMPLETE FREEDOM TO BEGIN WITH! Start walking with your eyes open from now on. Read the fine print and don't believe everything you hear.

    2. Re:oh, the irony by init100 · · Score: 1

      It's my code, the GPL portion is a small bit and doesn't represent what the software is about (major funtionality) in the slightest.

      Then why not write a replacement yourself instead of whining about it on Slashdot? What I think? I think that the GPL part isn't so tiny, it could even be substantial, and you are only whining because you want to freeload on the code, but you don't want to share back any derivative works. Thus, you are simply a whiner.

    3. Re:oh, the irony by Danathar · · Score: 1

      Yes...although I don't know what the situation the other guy is in. I agree. It's the whiners who didn't read or didn't care what the GPL said and then used GPL code in their software who are bitching left and right.

      They are a bunch of selfish losers.

    4. Re:oh, the irony by Catbeller · · Score: 1

      Even more important than the law is the ethics.

      The entire point of using open sourced software is that the user has access to the code. To use the GPLed software, freely, and then lock up the code is unethical. And to then, stunningly, claim that the terms of the agreement violates the manufacturer's freedom is just playing games with words. The manufacturer used free software and then unfreed it, then claims that their freedom is violated if they are held to the agreement they made. It's either free to access or it is not. They are more than free to develop their own operating system and software to replace the GPLed stuff. Or they can license it from Microsoft, which I can only think would be more than happy to help out their competitor.

  105. Re:This is what I HATE most about FOSS by init100 · · Score: 1

    That's why you need both closed and open source. To keep your freedom of choice. But Stallman does NOT want you to have the choice.

    Fortunately for you, Stallman does not have any say about this. Proprietary software won't go away because Stallman doesn't like it. It could theoretically go away for other reasons, but the probability is very low.

  106. really? ask them. by Anonymous Coward · · Score: 0

    "No, MySQL believe that any program which uses their GPLed client library, libmysqlclient, to connect to the database is now under the GPL. This is obviously true, because one of the explicit purposes of the GPL is to require you to GPL your code if you distribute it linked against a GPLed library."

    That's not the position of those who run MySQL when you ask them whether you need a license. Ask them yourself.
    They will tell you: "We're not lawyers, but, to be safe, you need a license." (a paid exemption to the GPL).

    Look at the whole FLOSS debacle with their licensing history. It's only compounded by things like JDBC drivers. Even if the driver itself isn't MySQL code, it could be under the GPL if you pass "non-standard" SQL queries through it. Look it up.

  107. I call bullshit! by Anonymous Coward · · Score: 1, Funny

    Remember Windows' TCP/IP stack used to behave identically to BSD's, hinting to same underlying code.

    Or God-forbid... standards compliance.

    I hear they patched that bug somewhere in Windows 2000.
  108. Re:This is what I HATE most about FOSS by init100 · · Score: 1

    Tivo, LinkSys and the other companies that have used GPL'd software had a choice.

    Please don't put Linksys together with TiVo. Linksys might not have complied with the GPL immediately, but have since released the source code for all Linux-based devices that I know of. They actually appreciate the community surrounding their products, which is showed by the release of the Linux-based WRT54GL after the migration to VxWorks for the mainline WRT54G. They also seem to appreciate the community around the NSLU2.

    Meanwhile, TiVo is a totally different breed. They are unending in their efforts to lock "their" devices down to prevent people from exercising their rights granted by the GPL. If they are hard-hit by the GPLv3, so be it, they deserve it. They had it coming for a long time.

  109. When is a work a derived work? by Per+Abrahamsen · · Score: 1

    The FSF has some guidelines, but in the end what the FSF believes doesn't matter (except for potential damages). What matters is what a judge will consider a "derived work" according to copyright law.

    My personal belief (which diverges from the FSF party line) is that the actual mechanism to communicate between the GPL'ed and proprietary code won't matter as much as whether the person distributing the proprietary code also distributes GPL'ed code.

  110. I think that's mentioned in TFA. by Xenographic · · Score: 1

    That programs used over a network don't have to have their source released. However, the GPLv3 solves this by making itself compatible with the Affero GPL, which blocks the "ASP Loophole" so it really does fix it, albeit indirectly (i.e. you have to insert some Affero licensed software in there to close the loophole). After all, for many projects the "ASP Loophole" just isn't a problem in practice, and there's no sense in requiring it for every application.

  111. Satire *and* FUD by Per+Abrahamsen · · Score: 1

    >> I prefer to see the grandparent post as satire rather than FUD, but to each his own.

    > Well, none of the moderators thought it funny...

    Thinking about it, it was obviously both satire and FUD. The two often go hand in hand.

  112. Re:Gah GPLv3 is total bullshit by init100 · · Score: 1

    to add features and roll in new fixes from GPLv3 open source software will simply become a corporate nightmare of attempting to find a legal middle-ground

    No it won't. The GPLv3 is not compatible with the GPLv2, and thus code licensed under GPLv3 cannot be rolled into GPLv2 code in any way. There is really no "middle ground" in this case.

    one of the problems with the original GPLv2 license was it was NEVER effectively taken on in court and defined in legal concepts or precedent as most other licenses tend to have been. I think this caused some serious trouble with it's reliability and suitability in business.

    I guess you never heard of Daniel Wallace?

    however with the FSF enforcing copyright transfer and shitting on business left, right and center

    Care to back that up? Or I see, it is TiVo to the left, Microsoft in the center and Novell to the right?

    nobody wants to deal with the issues surrounding a badly-understood licensing model.

    I don't think that the GPL is as badly understood by copyright lawyers as you might think.

    If it is so easy to misinterpret the GPL that it needs to be reiterated and re-explained by Stallman and the FSF, then it really is not doing it's job, is it?

    The GPL is not updated because it have always been ambiguous, but because of ambiguities that have risen because of a changing legal landscape. Thus, to remove the ambiguities, the GPL need to be changed too. The GPLv2 has served its purpose well, but its time is running out and a new version is required.

    How do you empower users and free up software when it is conceptually and legally ambiguous?

    Could you please point out those conceptual ambiguities that you allege that the GPL contains?

  113. Freedumb.... by cjjjer · · Score: 0, Redundant

    The more and more I read about the whole GPL thing the more I realize that it's not about freedom but more about control. If something is free then it is free, you have the freedom to do anything and everything to it without consequences from the originator, yet the GPL is hardly that. I think that the people in the GPL camp are trying to blur the distinction between freedom and control to make it sound like what is going on is good. No matter how you look at it the GPL is about control, the controlling of the object using a license and control is not freedom.

    1. Re:Freedumb.... by Catbeller · · Score: 1

      black is white, up is down...

  114. Yes. by Junta · · Score: 1

    It's called sticking with their current codebase and growing from that, being careful not to look at any code submitted post GPL3 of a given codebase. It's a pain and becomes more so over time, but realistically speaking I doubt many new core platform enhancements are really significant for Tivo's functionality. They already constructed a hardware platform and set of running processes such that things run that meet real-time-like needs, therefore hypothetical scheduling improvements buys them nothing. Filesystem/storage device drivers are similarly moot, since they already work, and they don't intend on supporting more complex configurations that such featurs could help with. The fundamental utilities meet their needs today. The open network ports they have are likely controlled by their proprietary software, or if they do have some such software with a vulnerability fixed only in the GPL3 tree, then undoubtedly they could find an alternative project that didn't go GPL3 (even if it is a commercial product) to use.

    If I had to make a decision with goals like Tivo's in mind, I probably would have gone for a BSD codebase. BSD explicitly aims for what the makers of Tivo would be comfortable with. Doesn't preclude them from giving back, but doesn't hold the accountable for not giving back either. Think GPL is great for the community, but a company looking to for all intents and purposes exploit free software developers may not be able to deal with GPL, and BSD developers welcome the opportunity to get their code wherever, so long as they get credit where it is due.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  115. The GPL is not a usage license by Anonymous Coward · · Score: 0

    I'm not sure how the AGPL precisely defines distribution

    Well you can't define "distribution" as "non-distribution". Period.

    Eben Moglen has stated as clear as daylight that the GPL is not a usage license. And he ought to know, even more strongly than RMS.

    1. Re:The GPL is not a usage license by bheer · · Score: 1

      We're talking about the AGPL, not the GPL here. Take the trouble to read. What I'm trying to say is that for use across a web server, use is pretty much equal to distribution. If you have specifics of what the AGPL does, why not type them here instead of telling us all (again) the well-worn facts about what Lessig and co believe.

  116. Re:This is what I HATE most about FOSS by vux984 · · Score: 1

    a possible view point would be that the hardware is broken.

    If it were simply broken then logically it should be both possible and legal to fix the hardware.

    as long as the source code for the software is available, who cares?

    The freedom to modify code is implicitly denied if the hardware won't run it.

    "Ah, but you can run it on different hardware, hardware that *will* run it. After all you have the source code, right?" you might reply. And its true, but its a consolation prize at best, a slap in the face to everyone who contributed to the GPL source TiVo runs but who are now prevented from fixing their TiVos by DRM. Despite the fact that the TiVo software license specifically says users *are* allowed to modify it... its GPL after all.

    But more importantly, the GPLv3 looks ahead, past the limited threat that is "TiVo". Its looking ahead to a possible future where Red Hat, Novell, and other Linux vendors decide to do the same thing.... a world in which corporations lock you to their flavor of linux, and the hardware ensures you don't switch or modify it. Sure the source code is all sitting there where you can look at it, but what good does it do you, unless you work for the right corporation your modifcations can't be run, because *all* the hardware locks you out.

    Sadly there is nothing that can force hardware vendors to continue to release hardware that can run code that isn't 'blessed' by the government, or a handful of corporations if the world goes that way, but at least the FOSS can draw a line in the sand and say its not going there, that its not going to contribute to building its own coffin.

    And the best way to ensure that hardware vendors continue to release hardware that can run our code is to ensure their is as much demand for that kind of hardware as possible. Ensuring that our code requires such hardware helps ensure there will be a solid demand. Otherwise what's to stop Dell from releasing Ubuntu PCs that will only run Dell-signed Ubuntu. What if IBM follows suit. Then Novell. Then Sun. Then Red Hat...

    And once most of the hardware is DRM/TPM enabled, its really only a short legistlative hop for corporate interests to insist that all hardware sold legally be required to only run code they've signed... 'for the children'. The only resistance at that point would be a fringe of code hackers... who likely will be portrayed as mostly criminals.

    End result we'll have all this GPL code we have the right to modify, but nowhere to run any code we modify.

    The world of TPM and DRM is literally toxic to the freedom to modify that the GPL stands for.

    just don't buy the broken hardware. what would happen if motorola released the complete source code for their linux phones but without a means to flash the memory?

    I dunno, they'd have incentive to get the phone firmware right the first time? :)

    Seriously though there is a big difference between hardware that lacks software update features, and hardware that not only prevents you from modifying the software, but criminalizes you for modifying it. Despite the fact that its software ironically (even hypocritically) comes with a license that SPECIFICALY ALLOWS YOU TO.

    With the former, there is no hypocrisy. All you need is a soldering pen. Its inconvenient, sure, and beyond a lot of peoples technical ability, sure, but its not illegal. You still have the freedom to do it.

  117. Like Scotty says: by ClosedSource · · Score: 1

    "The more they over think the plumbing, the easier it is to stop up the drain."

  118. Parent is almost correct... by Anonymous Coward · · Score: 0

    Actually, creating derivative works of a copyrighted work is an activity covered by copyright law, so you *may* need some permission from the copyright holder in order to make nontrivial modifications to the work (even if you don't distribute them to anybody else!)

    I seem to recall that the GPL says its fine to do this (in GPLv3, do they do it by excluding such activity from the definition of propagation?)

    Which raises an interesting question: if the activity in question IS covered by copyright law, and you didn't agree to the terms of the GPL (or had violated the terms), would it still be legal?

  119. Re:This is what I HATE most about FOSS by zotz · · Score: 1

    [But don't think for one second that the GPL is about "freedom".]

    Yes it is. Free licenses that are copyleft are about giving and protecting freedom. Free licenses that are not copyleft are about giving but not protecting freedom.

    What freedom, that in your view a copyleft license denies you is an essential freedom for you? One which you must have in order to be free?

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  120. Spelling by Per+Abrahamsen · · Score: 1

    > The writer is aware of

    You misspelled invented an. Only the first step has any relationship to reality.

    > I still remain suspicious.

    Not just suspicious, you feel both fear, uncertainty and doubt about the future of the GPL, which was exactly the intention behind the satire.

    1. Re:Spelling by Ohreally_factor · · Score: 1

      No, you're right. The revolution won't be subverted this time, because this time we can trust our leaders! I'm so glad you helped me to see the light and saving me before I committed a thoughtcrime, Comrade. All users are created equal, but some users are more equal than others. Does that about sum it up, Comrade?

      --
      It's not offtopic, dumbass. It's orthogonal.
  121. Re:This is what I HATE most about FOSS by vux984 · · Score: 1

    Now let's say that you've written another program and released it under the GPL. Someone takes it and incorporates it into their own program. Your code is just one small part of a much bigger program. According to the GPL, not only must this other person publish his modifications to your source code, he must publish all of his own original, completely unrelated code that makes up his program.

    If his program is so large that the GPLed code is just a tiny part of it, and he doesn't want to release it under the GPL it shouldn't be that much effort to just re-write that GPLed part himself. Its not like there is anything making him use my GPLed program, nor am I 'springing the GPL' on him when he's not looking.

    The GPL isn't just about getting back changes people have made to something you've written. If it were, then it should be sufficient for him to release his mods to your code but to keep his own code private.

    Actually lots of projects do manage to pull this off. I've used lots of closed source software that required I install ghostscript. I've got a Go game that required I install an OSS Go Engine. You are allowed to do this, provided an adequate level of separation exists. Its ok for a closed source package to depend on a GPL package provided they aren't integrated.

    The GPL sets a clear line of what amounts to "integrated" to help people like you determine where the line is. This enables proprietary software to be written *for* Linux. This enables proprietary software to be written *using* linux. If you want to release mods to my code and keep your code private you can do that provided you keep them separate enough.

    I concede that the requirements of that separation are more than you might -like-. For example you might think dynamically linking to a GPL library isn't 'integrated', while the GPL indicates that for its purposes it is. But really, whats the *real* difference between dynamically linking, statically linking, and just copying and pasting the source code directly into your application??

    Of course, then again, for people who want/need that's precisely why we have the LGPL.

    No, the GPL is about spreading the "code wants to be free" ideology. Which is fine if that's your intent, but please be honest about it.

    Yes, GPL code is designed to remain free, and it deliberately avoids letting itself get wrapped/trapped into proprietary hardware, and proprietary software. To refer to my previous analagy it is a 'free man' that specifically avoids going into rooms without doors and windows.

    To fix your analogy, which is more free? Being able to build on existing works if and only if you agree with the established dogma [=gpl]? Or being able to build on existing works in any way you wish, even to the point of heresy [=public domain]?

    The former gives EVERYONE else more freedom, as they can modify the new work, as well as the existing works, at the expense of your freedom to prevent them.

    The latter gives YOU one extra 'freedom': the freedom to prevent them from building on the new work, but this comes at the expense of everyone elses freedom to modify it.

    What's more free? I think the former.

  122. Re:This is what I HATE most about FOSS by Anonymous Coward · · Score: 0

    You don't have any claim on the modified code. You didn't write the modifications, someone else did. The writer gets to decide what happens to the code -- not you.


    What if I'm the writer of the (new) code? The only freedom (as in option) I'm allowed is to either make it public or to keep it private. I no longer have the option to distribute it and keep it private. That's fewer choices that I'm allowed... which means less freedom.

    The person who wrote the modifications has the freedom to keep his modifications prviate, and is exercising said freedom.


    That's the only "freedom" though. "Freedom" would mean that he could do whatever he wants with it. Your "freedom" is limited to only two choices instead of many choices.

    Ultimately, the beneficiaries of GPL are the original authors of whatever they started. All proponents assume that the majority of the work is done up front and only bug fixes or minor changes are made down the line. This is NOT what project starters hope. I could put something similar to "Hello World" out and, several years from now when the program has evolved into some huge popular project, reap all the rewards when my contribution was minimal. I put it out and as everyone fixes it and adds to it, I just learn from their work and my support company (about the only way to make money from it) keeps benefiting from their work. You're doing my work for me for *free* and I'm getting the rewards and laughing all the way to the bank. AND, to top it off, YOU'RE the one who is *fighting* practically a religious battle to be able to do continue working for me for free so that I can make money off of your work.

    Some very smart people thought up the GPL, but not in the way that you're led to believe.
  123. Re:GPLv3 anti-business-nazi by Anonymous Coward · · Score: 0

    All of these differences have to do with the fundamental nature of businesses, there is nothing fundamental about a business that says it should be allowed to be restricted by tivoized hardware while consumers shouldn't. No, you have this the wrong way round; businesses are not people, and they don't automatically have the same rights as people, indeed they don't automatically have *any* rights. Businesses are made-up entities designed to make certain aspects of investment and commerce easier, and all the rights that businesses have, have been specifically granted to them for that purpose. To that end, some of the most fundamental human rights have not been extended to businesses -- including the individual's inalienable right to freedom.

    In other words, society, in order to promote commerce, has created these entities and specifically denied them certain key human rights. So, denying to businesses certain rights that you grant to individuals is a reasonable thing to do, and certainly *not* evidence that you are "anti-business".

    I think that you're starting from the view that the FSF is "anti-business", and seeing everything they do as evidence that supports that view, rather than examining each action in its own context. In this context, it's up to you to prove that it's for the good of society for businesses to have the same "tivoization rights" as individuals. Until you've done that, you can't claim that it's "unfair" for the FSF not to extend that right to businesses.
  124. This won't stop "Tivoization" by DrXym · · Score: 3, Interesting

    It's kind of insane to think that this will stop anything. The PS3 runs Linux (a generic PPC Linux no less) with no problems at all. It sure as hell does not mean you can access the proprietary portions of the PS3 that Sony don't want you to see. Why? Because Linux is running over a virtualized set of hardware. I'm sure if push came to shove that Tivo would do exactly the same thing, ensuring whatever code or functionality they wished to hide stayed hidden.

  125. Re:This is what I HATE most about FOSS by howlingmadhowie · · Score: 1
    you're totally right here:

    Despite the fact that the TiVo software license specifically says users *are* allowed to modify it... its GPL after all. and even more poignantly:

    hardware that not only prevents you from modifying the software, but criminalizes you for modifying it

    the freedom to tinker is one right the gpl grants. personally, i find enough software i can tinker with without going out of my way to find more, but there must be people who want to tinker with the software on the tivo and are prevented from doing so by the hardware.

    for me, having the source code makes it more likely that many eyes can check it to see what's going on. not having the ability to change the code running the device does however tend to lessen interest in the device, so reducing the number of eyes checking for problems. how are you to know that the sourcecode distributed with tivo is the same code as that compiled on the device? what are the chances of being able to compile the software and install it and have the tivo run afterwards? the manufacturer could always say "we just compiled it with different flags and cut some of it out afterwards, so that's why you can't get it to work", at which point, there is no way in hell of knowing what the tivo actually does. that is the situation i personally find worrying and the point where i put my foot down: when a piece of equipment in my home is attached to the internet without me being able to know what it does.

    on some days, the vision you describe does appear exageratedly apocalyptic to me. free software has made great strides in the past few years and what with dell going ubuntu, 2007 is the year of linux on the desktop. but then one reads about microsoft word xml format being fast-tracked for certification as a standard and microsoft practically giving away their software in the third world and you think "we're not out of the woods quite yet". losing the capability of doing whatever you want with the hardware you own is also worrying. the whole thing just makes me appreciate sun microsystems et al. more.

    having said that, i don't see the huge threat from treacherous computing. maybe i'm an optimist here, but i think linux and the various bsds are now so important that corporations and government would have to be pretty stupid to switch this treacherous computing stuff on.
  126. Re:Gah GPLv3 is total bullshit by westlake · · Score: 1
    What will happen with TiVo is that because they cannot build a business model out of Linux, they will move to another operating system

    And this is a bad thing?

    It is bad thing if others in the consumer market space follow TiVo's example.

  127. Re:This is what I HATE most about FOSS by fitten · · Score: 1

    The GPL is about perpetuating the freedom of the *code*, specifically the freedom to modify the code.


    First, *code* is an inanimate object and, as such, has no freedoms.

    Second, the freedom of a person to modify the code is in no way hampered in GPL or BSD. However, your freedoms to do what you wish with the modifications to the code are quite different under each.

    Under BSD, your freedoms to do what you wish with the (now modified) code are completely open - you may do with it what you wish.

    Under GPL, your freedoms to do what you wish with the modifications are restricted to a binary choice - you may either never let anyone else have it outside your organization (which may be only yourself in the case you are not a business with employees) or you must make it available through GPL itself.

    So, let's tally the choices... under BSD, your choices are infinite. Under GPL, your choices are two. The last time I checked a math book, infinite is more than two. There is no question as to which license gives more freedom to developers over the code that they produce.

    The question comes from the originator of the unmodified code. In this case, the GPL is very much like DRM (which so many are so fired up about). The original producer wants to maintain control over what is done with the original code. In this case, the original producer wants to restrict the use of the body of work to be used only in ways that the original producer desires, this includes further use and licensing as dictated by a licensing agreement (is this DRM or GPL? sounds like both are the same here). In another case, consumers of that original body of work desire to use, modify, and otherwise "do what they want to with" the original body of work (are we talking about those who are against DRM or the BSD license?).

    So, those who are against "Tivoisation" typically want to modify the Tivo to do various things like remove DRM, but they want the GPL to force Tivo to allow them to do it by dictating what rights they have over the code used in Tivo devices... I believe there are words used to describe this kind of mindset/behaviour...
  128. Re:This is what I HATE most about FOSS by RobBebop · · Score: 1

    The GPL on the other hand demands no money for your use of covered code.

    I actually don't believe this is true. If you can reference a small section of the GPL that makes any demands on monetary exchanges not taken place, please reference it.

    What I believe to be true is that you can distribute GPL'd code for any value between $0 - $10,000,000,000 (with $10 Billion being a practical maximium, since that's what Microsoft and Google seem to be playing for sw advertizing firms these days).

    The caveat of GPL distribution is that you must provide a written offer to provide source code and buyer would have a right to publish the source code online and offer it for free. This makes selling software as GPL very hard for a business to pull off successfully, but other than the logistics (which makes perfect sense because GPL explicitly states that no warrenty is provided, so the developers can't be sued) there is nothing to prevent you from selling GPLd software.

    In this way, you could fix bugs in the Fedora 7 distribution and name your price, to see if Red Hat can be extorted for the cash.

    --
    Support the 30 Hour Work Week!!!
  129. Re:This is what I HATE most about FOSS by vux984 · · Score: 1

    First, *code* is an inanimate object and, as such, has no freedoms.

    Yes, and a park is a public space that anyone can use. It has no "freedoms" either, but is carefully protected so that it REMAINS a public space.

    So, those who are against "Tivoisation" typically want to modify the Tivo to do various things like remove DRM, but they want the GPL to force Tivo to allow them to do it by dictating what rights they have over the code used in Tivo devices... I believe there are words used to describe this kind of mindset/behaviour...

    Not at all. TiVo is welcome not to use GPL code in their product.

    People against TiVoisation typically simply want the rights the GPL confers to them as *recipients of GPL code*. If TiVo doesn't want to confer the rights of the GPL they shouldn't be distributing GPL code.

    Tivo is selling you code that explicitly confers to you the right to modify it, but is locked in a box you aren't legally allowed to open. That's not a situation anyone who contributed code to a GPL project wanted. They wanted the reciepients to be able to modify it, that's WHY they was released under GPL.

    Consider the mirror image - people who write free proxy servers for per-seat/per-connection/per-cpu licensed proprietary code (certain databases come to mind...). The proxy server runs on one seat, uses one connection, on one cpu. Technically it adhered to the license. But it utterly VIOLATED the spirit of the license which intended to collect a fee from everyone who accessed their system.

    So what did those corporations do... they rewrote their licenses to either incorporate proxy servers into the license and demand their pound of flesh regardless of whether the connection was direct or indirect, or they prohibited proxy servers outright.

    What's good for the goose is good for the gander.

    If the Proprietary software movement rewrites licenses that are toxic to their way of thinking, why shouldn't FOSS.

    There is no question as to which license gives more freedom to developers over the code that they produce.

    No. I don't need to license the code I produce.

    If I produce the code I can release under any license, or as many licenses as I like.

    If I choose to release under the GPL because I want to ensure that anyone who receives my code is free to modify it then I am free to do that. If I choose release under the BSD because I want to ensure that it can be integrated into closed source projects I am free to do that. I can even release the same project under both licenses.

    If I choose to release under the GPL then I can draw upon any other GPL project out there and integrate it with my project. That is the benefit of choosing the GPL. But I'm free not to draw on that pool, and not to release under the GPL.

    The *only* thing the GPL prevents me from doing is taking SOMEONE ELSES CODE and overriding their licensing choice.

  130. Re:GPLv3 anti-business ... illegal POS software?? by pbhj · · Score: 1

    Haa-haa.

    You guys in the US are royally screwed by your legislation sometimes.

    So by law when congress changes the tax levels you have to buy new software?

    I use one of the more prolific accounting packages in the UK (SAGE, a PITA if ever there was one, it's the worst designed software I've ever used and if I had half a clue about accounting when I got it I wouldn't' have!!) and you just have to go in and change the settings for the different tax codes. You can buy an update that does it too. Tax legislation is in constant flux, buying upgrades all the time? Is that for real??

  131. Freudian mispell by paulatz · · Score: 1

    It seems that Digital Millenuium Copyright Act repels Richard Stallman so badly that he cannot even spell it right!

    --
    this post contain no useful information, no need to mod it down
  132. Re:This is what I HATE most about FOSS by edwdig · · Score: 1

    You are restricted from locking up code, you are restricted from giving others less freedom than you received. This way the original freedoms are always preserved.

    As long as the original code is available, others have the same freedom you do.

    If you copy an mp3 and do whatever you want with it, you haven't deprived the RIAA of a song. If you copy code and modify it, you haven't deprived anyone of any code.

  133. Re:This is what I HATE most about FOSS by edwdig · · Score: 1

    Freedom means being able to do what you want with a particular piece of code.

    This is the usual troll interpretation. An intelligent person knows that freedom can only be seen in a context. The BSD license might give a developer/company greater freedom, but allows to take freedom from the end user. The GPL limits more the freedom of the developers/companies, but makes sure that the end user's freedom is not further limited.


    "Freedom = no limitations" is a troll? Funny, I always thought that's what most people thought it meant. You really need to be drinking the right Kool Aid to think otherwise.

    As for taking freedom from the user... in what other industry do you expect a manufacturer to provide the full source to their products? You don't expect your car or refrigerator to come with the details to create your own replacement parts from scratch, do you?

  134. Re:This is what I HATE most about FOSS by edwdig · · Score: 1

    When you buy a car, do you expect to be given the specifications to manufacturer a new engine identical to the original? Or the other parts of the car?

    Do you expect your home electronics to come with circuit diagrams detailing every part and connection?

    Do you expect your CPU to come with the code used to create it?

    Do you expect your music CDs to come with sheet music?

  135. Like Clint says: by ClosedSource · · Score: 1

    A man's got to know his limitations.

  136. Re:This is what I HATE most about FOSS by synthespian · · Score: 1

    Or unless you would like to sell per-seat licenses, like RedHat, or dual-license your code, so fools can contribute to your project for free, giving away their copyright to you, while you can make a nice buck selling a proprietary license.

    Yeah, the GPL is all about freedom.

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
  137. Bull - tokenring and ext2 - bull... by flyingfsck · · Score: 1

    The poster must have copied that from some other decades old post and forgot to remove mention of "tokenring", "ext2" and "defragment".

    Friggen idiot.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  138. Re:Already tried complaing... :( by Psykechan · · Score: 1

    Complaining to nVidia does no good. Never buying their hardware again and trying to tell others about their business practices is the best most of us can do.

  139. This is what I HATE most about Locks. by Anonymous Coward · · Score: 0

    "You are restricted from locking up code, you are restricted from giving others less freedom than you received. "

    Interesting. One can "lock up" software, but can't "lock up" music, movies, or other IP. I'll have to remember that next time we have a RIAA/MPAA slashdebate.

  140. Why is Tivo always the example? by stu42j · · Score: 1

    You decide there is a feature in the Tivo which you don't particularly like - maybe not being able to skip ads or something, and you decide you want to change it. Free software gives you the right to change things you don't like.


    As I understand it, the only part of Tivo's software than is GPL is the Linux Kernel. I doubt that the code that does the interesting things like record shows or (not) skip commercials is GPL. What kind of interesting things would people actually do if the hardware would run modified code?
  141. Re:Already tried complaing... :( by aichpvee · · Score: 1

    Yeah, well then you end up with ati. Might as well just run integrated video rather than that.

    --
    The Farewell Tour II
  142. Another Master? by Samarian+Hillbilly · · Score: 1

    I don't mean to be a party pooper but Stallmans suggestion to "release a program under "GPL version 3 or any later version".", sounds precisely like "changing one master for another", what freedom is there in turning your software over to a license that you've never read and which you won't be involved in creating? Other than that I applaud the intention though I'm incompetent to judge the implementation.

  143. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    When you buy a car, do you expect to be given the specifications to manufacturer a new engine identical to the original? Or the other parts of the car?
    No, of course not.

    Do you expect your home electronics to come with circuit diagrams detailing every part and connection?
    No, of course not.

    Do you expect your CPU to come with the code used to create it?
    No, of course not.

    Do you expect your music CDs to come with sheet music?
    No, of course not.

    Oh wait, what am I saying, of course I do. I expect exactly this when a manufacturer voluntary committed himself to do exactly that. And this is what each manufacturer does, when he uses GPL code. This is not acceptable? No problem, but hands off from GPL code.
  144. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    "Freedom = no limitations" is a troll?
    You are definitely and without a doubt a troll. But fine, have it your way. You know that PostgreSQL is BSD? Most BDS is free? No free enough? Public Domain? Ok, from now on all public domain software belongs to me. Noone is allowed to use any public domain software withougt paying me $$$$. Noone is allowed anymore to say that there is a single piece of public domain software, which was not written by me. I can not do this? Hey, public domain limits my freedom. You call this 'free software'? Ridiculous.

    As for taking freedom from the user... in what other industry do you expect a manufacturer to provide the full source to their products?
    Name one. I expect all industries to do so, when a contract exists, which entitles me to get the sources. When it is software and they use GPL software, they have a contract with the copyright holder to provide full sources. If they don't want to do this, they have to code their own stuff.
  145. Re:This is what I HATE most about FOSS by edwdig · · Score: 1

    You are definitely and without a doubt a troll. But fine, have it your way. You know that PostgreSQL is BSD? Most BDS is free? No free enough? Public Domain? Ok, from now on all public domain software belongs to me. Noone is allowed to use any public domain software withougt paying me $$$$. Noone is allowed anymore to say that there is a single piece of public domain software, which was not written by me. I can not do this? Hey, public domain limits my freedom. You call this 'free software'? Ridiculous.

    I'm sure I'm being trolled here, but what are you rambling about? What that supposed to mean anything, or be in response to something? Did you have a little too much to drink or something?

    Name one. I expect all industries to do so, when a contract exists, which entitles me to get the sources. When it is software and they use GPL software, they have a contract with the copyright holder to provide full sources. If they don't want to do this, they have to code their own stuff.

    Now you're are least speaking coherently, but not really paying attention. That has nothing to do with the conversation here. No one is disputing what the GPL says.

    The claims being made are:

    1) The definition of "free" used in "free software" isn't a definition most people would expect (as evidenced by the fact that any introduction to free software has a length intro on how they define the word free)

    2) The free software movement is based on the idea that anyone receiving software should inherently be entitled to the full source so that the software can be recreated exactly, however, there is no justification as to why software should receive this treatment when there are no expectations that other types of products should.

    Your post, when readable, is simply setting up some pretty bad strawmen to tear down.

  146. Re:This is what I HATE most about FOSS by edwdig · · Score: 1

    Oh wait, what am I saying, of course I do. I expect exactly this when a manufacturer voluntary committed himself to do exactly that. And this is what each manufacturer does, when he uses GPL code. This is not acceptable? No problem, but hands off from GPL code.

    Hey, over here you're making sense. But again...

    The point of this has nothing to do with enforcing the GPL. If you're working with GPL'd code, of course you should abide by the GPL.

    The FSF acts like "free software" is a moral issue, with key rights at stake. They believe all software should be GPL, and we are losing our freedom otherwise. However, they do no provide any justification as to why software should be treated any different than anything else, nor do they provide any reason to believe that they think their rules should apply to anything but software.

  147. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    1) The definition of "free" used in "free software" isn't a definition most people would expect (as evidenced by the fact that any introduction to free software has a length intro on how they define the word free)
    And I am exactly refuting that. Everybody except trolls know that every freedom has limits. Just as in my example with the public domain software, just because I cannot make public domain software my own and close it for anybody else, it is not less free. Same for the GPL restrictions. But yes, 'free' is a very powerful meme, and most closed source apologist hate it, that this meme is so strongly connected to the open source movement. Tough luck, live with it.

    2) The free software movement is based on the idea that anyone receiving software should inherently be entitled to the full source so that the software can be recreated exactly, however, there is no justification as to why software should receive this treatment when there are no expectations that other types of products should.
    Pardon me? No justification? It is the same justification that is valid for each and every product: The copyright. Btw., you are mixing here free software movement with the special case of the GPL. BSD is also part of the free software movement, but noone needs to give his sources away. When it comes to copyright, the copyright holder is entitled to choose how he likes to license his work. He may demand money, he may demand a friendly postcard, he may demand that you heed the demands within the GPL. You don't like it? Too bad for you. I don't like to pay for software. Too bad for me. I don't use commercial software, you please keep your greedy little hands from GPL software.

    Your post, when readable, is simply setting up some pretty bad strawmen to tear down.
    You really should not talk about strawmen.
  148. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    The FSF acts like "free software" is a moral issue, with key rights at stake.
    And you care what the FSF says exaclty why? I write GPL software, but don't care at all what the FSF says.

    They believe all software should be GPL, and we are losing our freedom otherwise.
    So what? Others believe in a young earth. Does not concern me either.

    However, they do no provide any justification as to why software should be treated any different than anything else, nor do they provide any reason to believe that they think their rules should apply to anything but software.

    Ok, misunderstood in your previous post what you meant with 'justification'. If you mean justification that way, I must say I don't care. I don't need more justification to use the GPL other than that I like the concept. I profited from it, I give back.

    Seems the only dispute here remains in the definition of 'free' when it comes to free software'.
  149. Re:This is what I HATE most about FOSS by Ravnen · · Score: 1

    And you care what the FSF says exaclty why?
    I can't speak for the previous poster, but I care what the FSF say because a lot of people listen to them, including people who have influence on the development of policy and law in the EU.
  150. Re:This is what I HATE most about FOSS by Tanuki64 · · Score: 1

    I can't speak for the previous poster, but I care what the FSF say because a lot of people listen to them, including people who have influence on the development of policy and law in the EU.
    In a way the FSF is a lobby organisation like many others. I understand your point of view, but I would not overrate to influence of the FSF. I suppose many programmers, which use the GPL do so without any ideology in general and the FSF in particular in mind. And even if the FSF exaggerates from time to time, which lobby organisation does not in order to be heard?
  151. when you're potentially violating copyright by Xtifr · · Score: 1

    The point where the GPL kicks in is the point where you could be sued for violating copyright law if you had no license at all. And you are distributing software if a court says you are. It's really that simple (and, depending on copyright law in your jurisdiction, that complex).

    The GPL basically exists to provide you with a limited defense against copyright suits--as long as you comply with its terms. Like "fair use", the GPL is simply a defense. You don't get sued for violating the GPL; you ask for a suit to be dismissed because, even though what you did is normally forbidden by law, you have this license which allows you to do what you did. For any behavior that is not normally forbidden by law, the GPL is pretty much irrelevant, since you don't need a special license for such behavior. And if you're not sure where the line is, then maybe you should stick to the terms of the license just to be safe, eh? :)

  152. Re:This is what I HATE most about FOSS by edwdig · · Score: 1

    2) The free software movement is based on the idea that anyone receiving software should inherently be entitled to the full source so that the software can be recreated exactly, however, there is no justification as to why software should receive this treatment when there are no expectations that other types of products should.


    Pardon me? No justification? It is the same justification that is valid for each and every product: The copyright.


    So you're now trying to claim that everything copyrighted (not just software) should come with all the information necessary for you to exactly duplicate it? At least it's consistent, unlike the FSF. Again though, you haven't really given a reason why this should be so, considering copyright law is designed completely counter to that.

    Btw., you are mixing here free software movement with the special case of the GPL. BSD is also part of the free software movement, but noone needs to give his sources away.


    Free Software generally means GPL. Doesn't have to, but the FSF (you know, the people who invented the term and got all this started) would prefer anything other than the GPL didn't exist, and generally imply not GPL = not free unless they have to admit otherwise.

    When it comes to copyright, the copyright holder is entitled to choose how he likes to license his work. He may demand money, he may demand a friendly postcard, he may demand that you heed the demands within the GPL. You don't like it? Too bad for you. I don't like to pay for software. Too bad for me. I don't use commercial software, you please keep your greedy little hands from GPL software.


    That's all fine and dandy. And still completely in agreement with what I've been saying. You keep arguing with me, but not actually responding to my points. Again... the free software movement as a whole, and especially the FSF, acts as if it is a basic human right that all software should be free software, and anything else is a severe rights violation. That's the fundamental idea that drives the entire free software movement. Why should software be treated differently than anything else? Shouldn't it be that the author gets to choose whatever terms they want, and everyone respects that?
  153. The next "Major mistake"... by Anonymous Coward · · Score: 0

    "You have to provide your own hardware to do it but that's true of every piece of GPLed software that RMS ever provided! "

    This story is off the main page but the above is a very valid point that most miss. Is the "first" freedom really legally defensible? Apparently with GPLv3 we may find out. Assuming someone really wants to go to the trouble instead of simply going with non-GPL licensed software.

  154. Re:This is what I HATE most about FOSS by fitten · · Score: 1

    The *only* thing the GPL prevents me from doing is taking SOMEONE ELSES CODE and overriding their licensing choice.


    Sounds a lot like DRM.
  155. Re:This is what I HATE most about FOSS by vux984 · · Score: 1

    Sounds a lot like DRM.

    The GPL prevents you from taking something someone elses code in the same way, oh, copyright law does. Is copyright law "DRM" too? Do you even know what DRM is?

    Additionally, seeing as the GPL gives you several additional rights to code you receive that copyright law DOESN'T. And the only privilege it restricts (that being the license you use when you re-distribute) is a priviledge you don't even normally get, I think comparing the GPL to DRM is about as ignorant as you can get.

  156. You should get a new lawyer by bensch128 · · Score: 1

    The GPL only requires that you give the source code to the people you give the binaries to.
    If you never release the binaries publicly, you never have to release the source code. PERIOD.

    So you are an idiot with an idiot lawyer or you wrote that little piece for a certain company up in Redmond, Washington. But since you are anonymous Coward, I guess we'll never find out.

  157. Re:This is what I HATE most about FOSS by init100 · · Score: 1

    The GPL on the other hand demands no money for your use of covered code.

    I actually don't believe this is true. If you can reference a small section of the GPL that makes any demands on monetary exchanges not taken place, please reference it.

    Maybe I wasn't clear enough. I meant that the GPL places no demand on money changing hands to use the covered code. I did not mean that the GPL demands that no money changes hands to use the covered code.

    I'm not going to criticize you for bad reading comprehension, since the mistake may very well be mine. While I consider myself fluent in the English language, it is still my second language, and I'm not going to compare my comprehension with a native speaker.

  158. Re:This is what I HATE most about FOSS by RobBebop · · Score: 1

    Thanks for clearifying what you meant. I'll meet you halfway and say that you didn't phrase what you said originally as well as you meant to, but that I should have thought more before deciding what you were trying to say.

    I will say that many people don't understand the business aspects of the GPL license (whereas the business possibilities of BSD are easy to grasp). This misunderstanding could lead to FUD that running a business based on GPL code is impossible. The fact is that it is extremely possible to have a GPL business, but the business needs to add significant value to the community to stand a chance (whereas Microsoft adds negligible value to the proprietary world, except when it comes to being a de facto standard).

    --
    Support the 30 Hour Work Week!!!
  159. Re:This is what I HATE most about FOSS by fitten · · Score: 1

    I think comparing the GPL to DRM is about as ignorant as you can get.


    So... taking, say, a song that is licensed to me for money, making an mp3 of it, overriding/ignoring that license agreement I made when I purchased said song license and passing that mp3 all over the place isn't like taking GPL code, ignoring the GPL licensing part of it, and then treating the code as effectively BSD aren't similar?

    GPL isn't about maintaining/preserving the licensing rights (at least, I thought that was the "L" in GPL) of 'stuff' (content/IP)?
  160. Re:This is what I HATE most about FOSS by vux984 · · Score: 1

    So...

    DRM is a TECHNOLOGY to physically ENFORCE copyright. Moreover DRM in actual practices is a defective technology that has in every implementation prevented or burdened legal/legitimate uses while simultaneously failing to prevent widespread copyright violations.

    The GPL is a LICENSE (not a technology at all), so right there the comparison between the GPL and DRM is completely flawed.
    Furthermore, the GPL is a license that EXTENDS not enforces copyright. It grants the recipient additional rights that they do not have under copyright.

    Comparing the GPL to DRM is about as sensible as comparing a vehicles owners manual to photo-radar.

    Its sounds like you want to compare the GPL to Copyright, not DRM. And if you want to compare it copyright, ok, that's fair. Copyright gives you a very limited set of rights to redistribute protected works without permission under 'fair use' outside of that you have no permission to redistribute at all. The GPL merely gives you that permission to redistribute with a couple restrictions on how. I can't see how anyone could find getting permission to do something you couldn't otherwise do offensive. Its absurd. It takes NOTHING away from you, and if you don't want to exercise that permission you don't have to.

    Now BSD *ALSO* gives you permission to redistribute copyprotected works. The principle difference between the BSD and the GPL is that the GPL requires that any derivative works that are created AND redistributed be released under the GPL. At first blush this appears to make the BSD license more permissive.

    And in the short run it *IS*. But that permissiveness, though greater only lasts one generation. The first user to derive from the work is free to re-distribute under the most closed source per-cpu/per-seat/per-user/per-hour license he wants, and the person who gets THAT work has NO permission at all to anything. Period.

    While the first user to derive from the GPL project, must release under the GPL, and the person who gets that work as all the rights and permission to further redistribute that that the original authors granted when they released the original. So the permissiveness of the GPL license is perpetuated to ALL end users of the code, even if it has been derived from or extended to.