GPLv3 Released

A GNU Dawn writes "The GPL v3 has just been released. Among other things, the released version grandfathers in the Novell deal so that Microsoft's SLES coupons will undermine their patent threats, replaces references to the Magnusson-Moss Warranty Act with more specific language, and clarifies that using BitTorrent to convey a GPLed work is not a breach of the license (it might be one, technically, in GPLv2). The GPL FAQ has been updated to cover the new changes." Commentary is available over at Linux.com (which is owned, along with Slashdot, by Sourceforge).

Comments

Irony - I love it

[$RANDOMLUSER]

The cute saying of the minute at the bottom of the page is:

An effective way to deal with predators is to taste terrible.

I think that says it all.

tivoisation

[Kuciwalker]

I don't understand the furor over Tivoisation, and think it's a really bad move on the FSF's part to ban it. In all the other articles I've seen tons of comments along the lines of "well if Tivo doesn't want to give back, then they can't use my code!" The thing is, Tivo does give back - they contribute any source code they add. And there's nothing preventing you from using that code on another system (with similar hardware, of course). I don't see the benefit in forcing them to open up their hardware just because they want to use GPLv3 software on it. For most devices like this, it's important to the proper functioning of the network for the servers to be able to trust the clients, and so there have to be limitations to the software you can run on that device. GPLv3 won't convince Tivo (or others) to open their hardware, it will just force all of them to stick with GPLv2 code. That hurts adoption of Free Software.

The irritating part is that the FSF has the business products exception, where Tivoisation is okay for hardware sold for business use. Stallman et. al. recognize that in some cases it's ultimately beneficial to the user to be unable to run modified software (e.g. a business that has to have accountability, or a console gamer who wants to know that no one is running a hacked game in multiplayer), but they think they can somehow figure out where that line is for everyone.

Re:tivoisation

[Kuciwalker]

The spirit of the GPL is that of freedom for the user. Tivoisation, the restriction of actually modifying the code on the hardware, was an unforeseen issue when GPLv2 (which guarantees that right) was written and thusly had to be corrected in GPLv3.

And yet the FSF went to great lengths to permit it in some cases (the business use exception), recognizing that Tivoisation isn't a restriction on fundamental freedom, and in fact in many cases is beneficial to the user. That's why they have the convoluted definition of "consumer device" so that they can distinguish between consumer and business products - because lots of businesses have an interest in devices that will only run signed code. And I gave an example of where the consumer wants the same thing - games, where the user wants to know that everyone is running the same version in multiplayer. In general, it's often good for networked devices (other than general-purpose computers) to only run signed code, because it makes it significantly easier to guarantee network stability. So even if we accept that there are cases where Tivoisation is bad, and that the FSF ought to try to prevent them, we're left with the fact that it can only do so with a broad brush, eliminating a lot of good uses along with a lot of bad ones. They're taking away as much freedom for the user (freedom to use GPLv3 on their trusted platform while maintaining that trust) as they're giving.

Re:tivoisation

[Evets]

It's pretty simple. If I buy a product, let's say it's a PDA and the PDA interface uses software I developed. I find a major security hole in my software, so I want to patch it.

Tivoisation prevents me from patching it. It prevents me from adding features. It prevents me from fixing bugs.

It's my software. I want to update it, and the only thing preventing that is licensing. That and a hardware based security system enforcing the licensing. When I wrote the software originally, I did not intend for products to be developed using my software that I could not update. In fact, I licensed my software in order to prevent that kind of a thing. Unfortunately, the PDA manufacturer found a loophole that stuck to the letter of my license, but not the spirit of it.

This is pretty much what Tivo did. The anti-Tivoisation language in the new GPL effectively closes that loophole.

Now, if Tivo wants to do the same thing in the future, they can either utilize software who's authors don't mind (and it's widely available for what Tivo wants to do), or they can contact the original author team for alternative licensing. In the case of large scale community projects where no such licensing option exists, they can either stick to the license or they can develop their own similar project in-house.

All the FSF is doing is ensuring that software licensees abide by the spirit of what the original authors intended. They recognized that business enterprises were taking advantage by using loopholes and they've attacked that problem - pretty effectively.

---
I can't think of a single instance where Tivo actually contributed code back to the community as you state.

Regardless, they are not without free options. All they need to do is shift to BSD licensed products - which they should have done in the first place given their long term strategy.

Re:tivoisation

[PeterBrett]

In general, it's often good for networked devices (other than general-purpose computers) to only run signed code, because it makes it significantly easier to guarantee network stability. So even if we accept that there are cases where Tivoisation is bad, and that the FSF ought to try to prevent them, we're left with the fact that it can only do so with a broad brush, eliminating a lot of good uses along with a lot of bad ones. They're taking away as much freedom for the user (freedom to use GPLv3 on their trusted platform while maintaining that trust) as they're giving.

Surely having code signed by the owner achieves the same results in this case as having code signed by the vendor, assuming that the owner is not stupid enough to keep the private key for the signing process on the box which they are requiring to run signed code?

I challenge you to provide me with one example of a case where using the user's key to sign the code running on their box is inferior to the same box running the same software signed by a vendor key which the user does not have access to.

OpenSolaris

[starseeker]

Now the interesting part - will this license prove to be one Sun feels they can use for OpenSolaris?

If so, and the copyright holders for the parts of the Linux kernel of use to Sun are willing to license their code under GPLv3 as well, we may begin to see some major impacts on the open source OS landscape.

Fingers crossed.

Time for Sun to Shine

[bill_mcgonigle]

OK, now it's time for Sun to grab the bull by the horns. They've been waiting for GPL3 for a year and a half - and just recommitted to it a couple weeks ago, pending final language - if Java and OpenSolaris get released with GPL3 things are going to get *very* interesting.

Everybody please join me in exhorting Jonathan to take the bungee jump.

I updated to version 3 today

[MarkWatson]

This was an easy decision for me - I agree with the new license terms.

I did not originally use the "or later version" verbage, and I decided not to this time, not that it matters: I write what could best be called "small market" OS projects :-)

A bit off topic, but it continues to frustrate me that my customers don't take more advantage of the GPL. I have been an independent consultant for a decade, and I almost never get customers to support open source development. I went so far as to offer a 30% discount for work on GPLed projects - no bites, but lots of offers to work on proprietary systems. My take is that there is too much emphasis on protecting intellectual property and not enough on reducing costs and improving quality by building on top of existing GPLed projects. From my experience, and a bit of opinion thrown in: most value in intellectual property is in unique data sources and human knowledge. I would bet that most companies would do better on financial and quality metrics by having a few proprietary systems for specific data processing, application of unique algorithms, etc. - and use GPL (or Apache, BSD, etc.) for as much infrastructure software as possible.

Re:Why is this under "Linux"

[wbren]

Linux is under the GPL v2, not v3.

Probably because Linus is at least considering using GPLv3 for at least parts of Linux. Here's a quote from the man himself:

Btw, if Sun really _is_ going to release OpenSolaris under GPLv3, that _may_ be a good reason. I don't think the GPLv3 is as good a license as v2, but on the other hand, I'm pragmatic, and if we can avoid having two kernels with two different licenses and the friction that causes, I at least see the _reason_ for GPLv3.

I know it's a bit of a loose connection to Linux, but there has definitely been quite a lot of news lately about Linux, Linux, GPLv3, Sun, etc.