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Samba Adopts GPLv3 For Future Releases

Jeremy Allison - Sam writes with news that the Samba Team has decided to adopt the GPLv3 and LGPLv3 licenses for all future releases of Samba. Follow the link for a FAQ addressed to Samba developers and contributors. "To allow people to distinguish which Samba version is released with the new GPLv3 license, we are updating our next version release number. The next planned version release was to be 3.0.26, this will now be renumbered so the GPLv3 version release will be 3.2.0. To be clear, all versions of Samba numbered 3.2 and later will be under the GPLv3, all versions of Samba numbered 3.0.x and before remain under the GPLv2."

219 comments

  1. Nothing for you to see here. Please move along. by iamdrscience · · Score: 2, Insightful

    Indeed. A lot of projects are going to be switching to GPLv3 from GPLv2 in the coming weeks and months, are we going to get an article for each one of these projects that change their status? Why is this news?

    1. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

      Because it's one of the first major projects to do so?

    2. Re:Nothing for you to see here. Please move along. by AuMatar · · Score: 4, Insightful

      For the major ones, yes. Especially early adopters. And Samba is definitely a major FOSS project, their switching is a win for the GPL3.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

      because samba is fairly important? would you have us gloss over the linux kernel transition from GPLv2 to 3 [if it does]? because /. is mainly linux/FOSS supporters? take your pick

    4. Re:Nothing for you to see here. Please move along. by goarilla · · Score: 4, Interesting

      samba is a biggy and pretty vital to Novel and their deal since most interoperatiblity between windows machines
      and *Nix machines is provided through this service, so iirc Novel will have to fork samba

    5. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 1, Insightful

      The GPLv3 may not have had enough time to shake out for NAS folks and everyone to jump on it. The first major projects to switch may drive at least initial license forks. That will be interesting news.

      For example, some of the indirect ways in which you can be bound to the GPL now (targeted at Microsoft but broadly applicable) may simply need some time to work out and for folks to get comfortable with.

      The GPLv2 was a much simpler license, a word count alone should confirm that. This one was written by lawyers, and it is long and very verbose.

    6. Re:Nothing for you to see here. Please move along. by mrbluze · · Score: 1

      Indeed. A lot of projects are going to be switching to GPLv3 from GPLv2 in the coming weeks and months, are we going to get an article for each one of these projects that change their status? Why is this news?

      Could it be that Samba is a major interoperability tool for use with Windows, and as such it has an implact on interoperability with possibly non-GPLv3 distributions eg: Suse and other distros that have made deals with Microsoft.

      In other words, if you want your Linux to work well with Windows (which in a big way means Samba), go for a GPLv3 version.

      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    7. Re:Nothing for you to see here. Please move along. by Tuoqui · · Score: 1

      The GPLv2 was a much simpler license, a word count alone should confirm that. This one was written by lawyers, and it is long and very verbose.

      Sorta like Microsoft's EULA? Which they say the GPLv3 doesnt apply to them

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    8. Re:Nothing for you to see here. Please move along. by RobertLTux · · Score: 1

      this also is a direct blow to Microsoft since samba is a MS > Linux interoperations tool

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    9. Re:Nothing for you to see here. Please move along. by ClosedSource · · Score: 1

      If the current non-GPLv3 version of Samba actually works, I don't see why one has to have the GPLv3 version to achieve interoperability. If it doesn't, than it's unlikely that the license used is going to improve the technology.

    10. Re:Nothing for you to see here. Please move along. by Kalriath · · Score: 1

      They're right of course, it doesn't. They distribute a bit of paper saying you can get (at no charge) a copy of Linux made by Novell from Novell. This doesn't constitute distribution, and never has. Anyone who claims it does obviously has had their mind miss a few cogs.

      The way RMS would have you believe it, you can arbitrarily bind someone else to a license simply by handing out paper with their name on it. Whatever. I don't find myself actually agreeing with statements from Microsoft much, but this time I do.

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    11. Re:Nothing for you to see here. Please move along. by EssenceLumin · · Score: 1

      No they won't because they signed their agreement prior to March 28.

    12. Re:Nothing for you to see here. Please move along. by goarilla · · Score: 1

      i'm not sure about this but don't they have to reimplement changes done to the 3.2.x line
      eg backport them to the old codebase ? so they can't benefit directly to the new changes in the samba package ?

    13. Re:Nothing for you to see here. Please move along. by bl8n8r · · Score: 1

      > Why is this news?

      Because each time an OSS project chooses GPL3, a chair somewhere in Redmond flies into a million pieces.

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    14. Re:Nothing for you to see here. Please move along. by compro01 · · Score: 1

      This one was written by lawyers, and it is long and very verbose.

      the main intention, as i see it, is simply closing the loopholes in the license (TiVo, for example). naturally, that usually requires being very, very, specific.

      --
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    15. Re:Nothing for you to see here. Please move along. by The+Cisco+Kid · · Score: 2, Insightful

      Becuase MS will continue to modify their implementation of their undocumented file sharing protocols, and the old version of Samba will certainly no longer operate with newer version of MS platforms. The newer (GPL3) versions of Samba will get the ongoing updates and changes to continue to interoperate.

    16. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      You're wrong there, If I give you a piece of paper (the deeds to my house) I've given you my house, I can't just turn around and say that the paper isn't the house and so it doesn't mean anything. Same for my car documents. It's no different here. No, you can't arbitrarily bind someone else to a license, Microsoft is distributing Suse Linux through the voucher program. If said voucher is for a version with GPL3 software in it, then the GPL3 applies. Microsoft is of course free to burn the vouchers if they wish, which would solve the whole thing, but IIRC they've already distributed some, and are now just praying someone doesn't sit on one until the next Suse comes out.

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    17. Re:Nothing for you to see here. Please move along. by Richard_at_work · · Score: 1

      The vouchers do not specify what version of Suse Linux, so Microsoft could quite easily either distribute an old version with no GPLv3 or a special edition of the new version with the GPLv3 parts replaced. Microsoft aren't as fucked as those that are partying seem to believe.

    18. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      I never said they were, but what the GP was rabbling on about with voucher!=distribution doesn't apply. And that is what I was pointing out. David

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    19. Re:Nothing for you to see here. Please move along. by VENONA · · Score: 1

      "with the GPLv3 parts replaced"

      The list of GPLv3 is likely to get large, very fast. The GNU pieces are obviously going to be a top priority for conversion to the new license. I just visited http://directory.fsf.org/ and found 90% of the latest 10 most recently updated programs are all GPLv3, v2 or later, or v3 or later. Some are important systems code, including cpio and dmidecode. I see no reason that trend won't continue.

      --
      What you do with a computer does not constitute the whole of computing.
    20. Re:Nothing for you to see here. Please move along. by apokryphos · · Score: 1

      No, that's untrue. The GPLv3 does not prohibit Novell of any of its Linux offerings.

    21. Re:Nothing for you to see here. Please move along. by TheLink · · Score: 1

      AFAIK a giving out a voucher isn't the same as giving out a title deed.

      I can give you a voucher to a free coffee from Starbucks, I don't think that automatically makes me a coffee distributor, bound under the laws that regulate the selling of coffee.

      --
    22. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      Well mabey in the states it's different, but here if I give you a voucher for coffee/software/kite/whatever I'm as legally responsible as if I was distributing the item.

      To touch a nerv, if I distributed a voucher for a free handgun to a minor in the US, shouldn't I get busted under the gun laws as if I had actually given him the gun?

      David

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    23. Re:Nothing for you to see here. Please move along. by Dog-Cow · · Score: 1

      "To touch a nerv, if I distributed a voucher for a free handgun to a minor in the US, shouldn't I get busted under the gun laws as if I had actually given him the gun?"

      Of course not. Only the one honoring the voucher and giving the gun to a minor is guilty of such. There is no requirement to honor a contract of any sort that violates the law.

      If you think otherwise, you are to be pitied.

    24. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      Let's just say we differ then since for me the one who enters the contract is just as guilty (if not more so) than the one who does the deed.

      David

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    25. Re:Nothing for you to see here. Please move along. by mrchaotica · · Score: 1

      Have GCC and glibc gone GPLv3 (or LGPLv3, in the latter case) yet?

      --

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

    26. Re:Nothing for you to see here. Please move along. by VENONA · · Score: 1

      Currently:

      http://directory.fsf.org/gcc.html
      Version 4.1.2 (stable) released on 2007-02-14
          Licensed under GPLv2orlater, LGPLv2.1, GPL +.

      http://directory.fsf.org/glibc.html
      Version 2.4 (stable) released on 2006-02-01
          Licensed under LGPL.

      --
      What you do with a computer does not constitute the whole of computing.
    27. Re:Nothing for you to see here. Please move along. by ClosedSource · · Score: 1

      If that's true then it sounds like Samba isn't (won't) be a very reliable way to interoperate.

    28. Re:Nothing for you to see here. Please move along. by Kalriath · · Score: 1

      Being guilty and violating the law aren't quite the same thing, you're mistakenly equating justice with fairness. The one who said "You can have a handgun if you take this voucher to Tony's Rifle shop on Fifth Street" has not committed a crime, but they are guilty. Unfortunately, the law is not necessarily fair, and the rifle shop owner would be the one who has broken it, not the voucher distributor.

      --
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    29. Re:Nothing for you to see here. Please move along. by Kalriath · · Score: 1

      Actually, it does apply. A voucher is not distributing the product. They're saying "you can get SuSE from Novell for free, because we've negotiated to pay for it for you". What you are saying is that essentially if you buy a Dell computer with Ubuntu on it through Hire Purchase, the Finance Company is bound to the terms of the GPL. As we well know, this is not the case as purchasing thrugh proxy does not make that proxy a party to any distributor or end-user agreements of the sale.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    30. Re:Nothing for you to see here. Please move along. by The+Cisco+Kid · · Score: 1

      The newer versions of Samba will be a great way for users of GPLv3 software to interoperate with either other systems running the newer versions of Samba, or with the most recent MS protocols that the Samba team has managed to reverse engineer. Commercial vendors who might want to incorporate the newer version of Samba into their systems will have to comply with the GPLv3 when doing so.

      Basically, the price for using GPLv3 Samba is allowing users of your product (that incorporates Samba) the same freedoms you had when choosing to incorporate Samba into it. If you dont want to pay that price, you can of course contact a different software producer that has an application that speaks MS protocols to see what they want to charge to let you copy their source code into your system. I hear there's this company is Redmond, WA, that just loves to share their code with everyone.

    31. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      No, the terms said that they'd distribute Suse vouchers, in the same way that they distribute Certificats for their own software.

      If I go to a finance company, and get a loan, or even some free cash for something (which is the case in your dell example), then the finance company is off the hook.

      OTOH if the finance company says 'Hey, we've bought a load of vouchers, why don't you have some', then the finance company is selling on a product that they've already purchased, and hence are distributing.

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    32. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      Let's just say that I'm too utopic then ;)

      David

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    33. Re:Nothing for you to see here. Please move along. by ClosedSource · · Score: 1

      Your theory is that the GPLv2 version will be obsoleted by changes made by MS, but somehow this will not be a problem for the GPLv3 version. If MS is always making changes, Samba will always be playing catch-up and thus any application depending on Samba will be at the mercy of MS and Samba team's ability to reverse engineer and update Samaba in a timely fashion.

    34. Re:Nothing for you to see here. Please move along. by Kalriath · · Score: 1

      Indeed, but even if the finance company in your example there sells you vouchers for software, they have no need of making copies of the software to give you therefore the First Sale doctrine allows them the right to sell it onward without any form of agreement with the original author. Only when copying do you need to agree to the GPL, not when distributing - because it is only when copying that the copyright law requires additional rights be extended by the original author. If I buy a copy of Ubuntu from our local electronics store (you'll actually be pleased to note that I can do this - $6 to cover manufacturing and some basic support!) and then sell it onwards to a cousin, I did not need to agree to the GPL to do this because I did not need additional rights from the author - therefore it is not necessary for me to read the GPL to perform this action.

      Again, I feel that the FSF and Groklaw really are kidding themselves if they think this'll get anywhere. The only thing that GNU can do is revoke Novell's license to reproduce GNU/Linux, and the instant they do that, OSI consider GPL to be a "non-open-source" license which would lose them credibility. Ok, they could also revoke the right of end-users of SuSE to use GNU/Linux, but I can see that going badly.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    35. Re:Nothing for you to see here. Please move along. by The+Cisco+Kid · · Score: 1

      That is already the case - the Samba developers have to catch-up and reverse engineer MS protocols. And they do a pretty decent job, from what I hear. The new version of Samba becoming GPL3 wont change that. But the old version of Samba WONT GET any new work or reverse engineering that they do, so will be stuck at its current level of interoperability. So when MS implements incompatible changes, the new version of Samba might be able to work, but the old one never will.

      The new versions of Samba will be just as good as Samba always was.

    36. Re:Nothing for you to see here. Please move along. by Welsh+Dwarf · · Score: 1

      So the windows EULA that forbids resale of OEM licences only applies to me if I copy the software (ie use it). If I don't use it I can ebay my OEM windows licence? That would be good. Unfortunately the EULA's power over first sale doctrine has been upheld (at least in NYC IIRC). So ebaying it would land me in deep trouble. Why should the GPL be any different? A Linux distributor (ie some who buys and sells CDs, not someone who copies them) is still bound by the GPL to send the source code to any one of his clients who asks for it. He can't just turn around and say:I won't do anything go search the net (OTOH, he can just send an email with links to the relevant sources, but he's on the hook in case one of them 404s). BTW: Samba has already revoked a GPL licence, notably SCO's, this hasn't modified OSI's stance on the GPL so I can't see what revoking Novels licence to the gcc toolchaine and userland would change.

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    37. Re:Nothing for you to see here. Please move along. by Kalriath · · Score: 1

      So the windows EULA that forbids resale of OEM licences only applies to me if I copy the software (ie use it). If I don't use it I can ebay my OEM windows licence? Precisely. Just don't expect any end-user support for it, because as soon as you open it you declare that you're a system builder.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  2. So, let me summerize by mergy · · Score: 4, Funny

    the

    *.2.* indicates GPLv3
    *.0.* indicates GPLv2

    So, to easily remember this kids 2 equals 3 and 0 equals 2.

    All set now?

    1. Re:So, let me summerize by Anonymous Coward · · Score: 0

      the *.2.* indicates GPLv3 *.0.* indicates GPLv2 So, to easily remember this kids 2 equals 3 and 0 equals 2. All set now?

      My thoughts exactly. I was assuming that they'd jump directly to something like 4.0 to signify the fairly major shift in licenses. After all, this would follow typical versioning paradigms, if a new release breaks "compatibility" with the previous release, then a new major version bump is in order, and this does exactly that (though from the licensing standpoint, not binary).

    2. Re:So, let me summerize by Anonymous Coward · · Score: 1, Insightful

      Rubbish. That would be granting far too much significance to legal fictions like licensing over technical realities. Each time you take licensing too seriously, you increase the grey stranglehold the lawyerocracy has on society.

      Death to copyrightists and patentists. Death to the demoness Allegra Geller!

    3. Re:So, let me summerize by Anonymous Coward · · Score: 0

      Rubbish. That would be granting far too much significance to legal fictions like licensing over technical realities. Each time you take licensing too seriously, you increase the grey stranglehold the lawyerocracy has on society.

      Uh, yeah, right. Regardless of how you feel about it, licensing is real, and the fact that it's a "legal" fiction basically makes it "non fiction". Honestly, how does drivel like what you posted actually get modded up (other than "Funny" that is). Plus "technical realities"? What the hell is that? People do the bump thing with version numbers all the time if they feel that the "functionality" is enough to warrant it, how is that not fiction in and of itself?

    4. Re:So, let me summerize by ConceptJunkie · · Score: 1

      How long until it becomes necessary to include 2 version numbers with each software release: the actual version number and the version number of the license?

      --
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  3. More like, who re-packages it. by khasim · · Score: 3, Insightful

    Yep, Samba is a major project.

    But more to the point, LOTS of vendors re-package Samba and sell it as NAS's and such.

    1. Re:More like, who re-packages it. by Anonymous Coward · · Score: 0

      But more to the point, LOTS of vendors re-package Samba and sell it as NAS's and such.
      So what? Does switching to GPLv3 change anything about that? There's nothing those vendors do with Samba that will have to change because of the new restrictions under GPLv3. So who cares?
    2. Re:More like, who re-packages it. by Anonymous Coward · · Score: 2, Interesting

      We could soon see NAS, etc. vendors forking Samba 3.0.x so they don't have to deal with GPLv3 ... then the whole fun mess of was this patch copied from 3.2+ into the fork or does it just happen to look the same since the fix is only sensibly done in a limited number of ways.

    3. Re:More like, who re-packages it. by Nimey · · Score: 1

      Some NASes still come with Samba 2.x, like the Snap 210 I got last year.

      --
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      E pluribus sanguinem
    4. Re:More like, who re-packages it. by Jeremy+Allison+-+Sam · · Score: 4, Informative

      I doubt that. Why would NAS vendors need to fork ? It's not like dealing with GPLv3 is harder than dealing with GPLv2. I expect our vendors to just roll along with us, as will and vendor that doesn't have "discriminatory" patent agreements.
      Jeremy.

    5. Re:More like, who re-packages it. by alexgieg · · Score: 4, Interesting

      So what? Does switching to GPLv3 change anything about [LOTS of vendors re-packaging Samba and selling it as NAS's and such]? There's nothing those vendors do with Samba that will have to change because of the new restrictions under GPLv3. So who cares?
      There is one thing: if a NAS manufacturer has put DRM on the device blocking its owner from changing the underlying software, that manufacturer either won't use the GLPv3 Samba, or to be allowed to use it he will have to at least disclose in full the instructions needed for one to change the underlying software (or more probably, remove the DRM "feature" entirely).

      So, yes, this is major news for everyone developing/manufacturing/deploying/using/etc. anything Samba-related.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    6. Re:More like, who re-packages it. by frogstar_robot · · Score: 4, Interesting

      Technically speaking, wouldn't this manufacturer only have to make it possible to run modified Sambas and other modified GPLv3 bits they might of used? Say the rest of the userland was some modified BSD code, that could still stay shut?

      In practice, I imagine such DRM would be done by signing an entire firmware image. Future practitioners of such DRM would just have to isolate the bits that really need to be sooper-sekrit if they want to use GPLv3 code.

    7. Re:More like, who re-packages it. by drix · · Score: 4, Interesting

      G'luck with that, is all I have to say. Having once waded into the Samba codebase trying to ferret out a bug, I can't see them getting very far unless they manage to snipe one of the core developers. Samba is giant and the amount of resources needed to backport every bugfix (to say nothing of feature additions) and be at all subtle about it has got to exceed just accommodating the new license. And don't forget Samba 4 is on the way, so you lose ADS too if you want to fork 3. No, I think they'll either put up or shut up.

      --

      I think there is a world market for maybe five personal web logs.
    8. Re:More like, who re-packages it. by 19thNervousBreakdown · · Score: 2, Interesting

      I highly doubt it. I don't know the legalese well enough (or law) to say for sure, but one of the main purposes of the GPL3 is to prevent exactly that.

      Now, they could modify the kernel to implement the DRM, and release an unmodified Samba >=3.2. Since you could implement pretty much any DRM system in the kernel (and it's probably the best way to do it, short of hardware measures), Samba doing this stops very little. But it is cool, I think. Even though we may not be able to circumvent the DRM, we're free to do something I've wanted to do to half the electronics I own, and make modifications to it that have nothing to do with circumventing DRM, and just lets me use the product the way I want.

      --
      <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
    9. Re:More like, who re-packages it. by alexgieg · · Score: 4, Insightful

      Now, they could modify the kernel to implement the DRM, and release an unmodified Samba >=3.2. Since you could implement pretty much any DRM system in the kernel (and it's probably the best way to do it, short of hardware measures), Samba doing this stops very little.
      No, no, no! Quite the opposite in fact! If they provide a DRM'ed device with GLPv3 Samba installed, the GLPv3 license says that they MUST provide you all information you need to be able to replace that pre-packaged Samba with any GPLv3 Samba you, or anyone else, provide.

      So, it doesn't matter whether the DRM scheme is on the kernel, on the firmware, or wherever. If it's blocking you, the end-user, from updating, upgrading, recompiling, downgrading, replacing etc. etc. etc. a piece of GPLv3 software, they are in violation of the license and must either: a) stop distributing those pieces of GPLv3 software; or b) comply with the license by providing you, the end user, all the required codes to mess with it as you see fit; or c) deal with the problem in the court when they're sued, and with the fact they're are going to lose. Furthermore, if they're wise and follow "b", there's nothing stopping you, the end user, from installing anything where Samba formerly was, what renders any DRM over the remaining pieces of software pretty much useless.

      So, Samba doing this doesn't stop it very little. Samba doing this stops it entirely. Once you add holes in your DRM to accommodate the pieces of GPLv3 software you must add to it, there's in fact no DRM left in the device.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    10. Re:More like, who re-packages it. by 19thNervousBreakdown · · Score: 2, Insightful

      They don't have to put any kind of DRM into Samba to still make the Samba server subject to DRM. Put it in the kernel, and if the kernel's key doesn't match the one in the firmware, and the file "shouldn't" be opened, the kernel denies access to the file. Samba is completely unmodified, they don't have to give out the keys because the kernel is under GPL2, and their modified kernel is the only one that can read the FS because it's encrypted. You aren't being blocked from using Samba in any way.

      --
      <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
    11. Re:More like, who re-packages it. by MightyMartian · · Score: 3, Insightful

      And that's fine. They can support the full weight of patches and development for the pre-GPL3 code bases. They won't have the open source community lending them a hand with things like Samba and the Linux kernel. Can you see the vendors building NASs with Samba getting together to pool their resources to keep GPL2 versions up and running? Either these vendors will give up the lock-in and play nice, or their products will increasingly become dated and substandard.

      --
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    12. Re:More like, who re-packages it. by Anonymous Coward · · Score: 0

      s/and/any/

      That discovery took me a while.

    13. Re:More like, who re-packages it. by alexgieg · · Score: 1

      You aren't being blocked from using Samba in any way.
      Listen: what the GPLv3 says isn't that you're allowed to distribute the software covered by it provided the user is "allowed" to use it. What the GPLv3 says is that you're only allowed to distribute the software covered by provided your user is able to change it in any way he sees fit. If your device doesn't allow your end user to change the software the way he sees fit, then you are not allowed to distribute it.

      There's no way around it. The GPLv3 was designed from the ground up to block this exact behavior you described, for it was indeed allowed by the GPLv2 and seen as one of its main weaknesses. Unless there's a pretty obvious hole in the GPLv3 that no one noticed over the many drafts, what you say is simply impossible.

      So, either the manufacturer provide the kernel keys that will allow his end users to modify each, every and all GPLv3 code inside the device, or he must stick to the old GLPv2 version of it, fork it, replace it with BSD versions, adopt a 3rd party proprietary solution, develop a replacement in house, or whatever. To make GLPv3 code unmodifiable by the end user in the device it was distributed with is forbidden, no matter from where said "unmodifiability" comes from.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    14. Re:More like, who re-packages it. by 19thNervousBreakdown · · Score: 1

      I am listening, and I do understand that the license is what allows you to distribute it and not the other way around, but I still don't see how a kernel modification (GPL2 code) requires you to give out the keys to that kernel just because there happens to be some GPL3 code on the device too. Yes, the GPL3 blocks this type of behavior, but not for projects that aren't licensed under GPL3. Implementing DRM doesn't require any modifications to Samba, therefore you can give away every last line of Samba code, but there are no Samba keys to give away.

      At this point I think we're beyond agreeing that the GPL3 is supposed to block this (but only for the project you license!), hell, I said it just a couple posts up. What I want to know now is, how is it that the GPL3 is jumping from one project to another?

      --
      <xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
    15. Re:More like, who re-packages it. by alexgieg · · Score: 1

      (...) how is it that the GPL3 is jumping from one project to another?
      It isn't. It's just stating that, in practice: a) you DRM'ing GPLv3 code itself is pointless, since this DRM must be removable by the end user if he so wishes; and b) wrapping GPLv3 code inside an external DRM solution as a way to workaround "a" is forbidden and voids your right to distribute that GPLv3 code. You're still free to wrap-DRM any piece of non-GLPv3 code, but for you to be allowed to distribute GLPv3 code, you must keep this GLPv3 code unwrapped.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    16. Re:More like, who re-packages it. by mrchaotica · · Score: 1

      Look, I'm as much of a GPLv3 advocate as anyone. But face it: you're wrong. The GPLv3 will not prevent the situation the grandparent post described, because in that situation you would still be able to modify the copy of Samba and run it on the device (which is all the GPLv3 requires). It's just that, since you wouldn't be able to access the hypothetical DRM'd thing because something outside of Samba was disallowing it, modifying Samba wouldn't help you get around that limitation.

      To prevent the situation under discussion here, the kernel would need to be GPLv3 also.

      --

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

    17. Re:More like, who re-packages it. by alexgieg · · Score: 2, Insightful

      (. . .) you would still be able to modify the copy of Samba and run it on the device (which is all the GPLv3 requires). It's just that, since you wouldn't be able to access the hypothetical DRM'd thing because something outside of Samba was disallowing it, modifying Samba wouldn't help you get around that limitation.
      It depends. Imagine a NAS which has features A and B, both accessible by the supplier-provided Samba. Per the GPLv3, the supplier must allow me to change this Samba to anything I wish. So, suppose he allows me to install another Samba of mine, but by doing so, I lose access to features A, being only allowed to access feature B. This is precisely what the license forbids.

      What the GLPv3 says is that my Samba must have the same access to the underlying system that the supplier's Samba has. If you try to lock down your system so that my Samba doesn't have the same access that yours have, you're in breach of the license, and must adjust your system by: a) allowing any Samba access to both features A and B; or b) denying any Samba access to feature A, including yours own deployed version; or c) removing Samba entirely and replacing it by a non-GPLv3 software package.

      In other words, if a device is built in a way that prevents a changed GPLv3 software from working as the manufacturer-provided one, then the manufacturer is forbidden from deploying that GPLv3 software in that device. Either any change I made to the GPLv3 software has the same access rights as the GPLv3 software already installed there, or no version of said software can be there in the first place.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    18. Re:More like, who re-packages it. by frogstar_robot · · Score: 1

      I was supposing the DRM doesn't care what files Samba accesses and so it is no threat to the manufacture to include a GPLv3 Samba because a modified Samba will have no more and no less rights than the unmodified Samba that comes with the device. Suppose, for instance, the device is a game console that runs a sandboxed version of Linux. The DRM may prevent access to the underlying video hardware or to various interesting bits outside the sandbox. Since the Samba the device comes with plays no part in this and has no special privileges, it is no threat to this manufacturer to include a GPLv3 Samba (unless of course he has some juicy network file server patents he wants to be a troll with.....). The user can replace and run it to his heart's content.

      Now if this only somewhat hypothetical console ran a GPLv3 kernel then your arguments would have more force. The anti-DRM provisions of the GPL aren't meant to put an end to any and all DRM on a device you may run such code on. It is possible for DRM on a device to be orthoganal to many categories of GPLv3 code that might run on it. The anti-DRM provisions are only meant to ensure you can modify and run that GPLv3 code with the same abilities as manufacturer supplied GPLv3 code.

    19. Re:More like, who re-packages it. by mrchaotica · · Score: 1

      So, suppose he allows me to install another Samba of mine, but by doing so, I lose access to features A, being only allowed to access feature B.

      Ah, in your previous posts you weren't stating this clearly. Now I see what you really meant.

      Unfortunately, it's a completely different situation than the person you replied to was talking about. In your case, the system actively checks the version of Samba and allows or disallows access based on that. You're right, this isn't allowed.

      In contrast, the situation we were talking about is where the system restricts anything, including the manufacturer-supplied Samba, via (e.g.) a system call that implements DRM. It would go something like this: "PID n wants to open a (DRM'd) file -> kernel checks whether the proper key is supplied -> kernal refuses to decrypt the file."

      If you try to lock down your system so that my Samba doesn't have the same access that yours have, you're in breach of the license, and must adjust your system by: a) allowing any Samba access to both features A and B; or b) denying any Samba access to feature A, including yours own deployed version; or c) removing Samba entirely and replacing it by a non-GPLv3 software package.

      The original post was talking about situation (b) from the beginning. You misread it.

      --

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

    20. Re:More like, who re-packages it. by alexgieg · · Score: 1

      We are in agreement then. The anti-DRM clause just forbids someone from adding restrictions on the GPLv3 code itself.

      With Samba itself there probably aren't that many instances in which this happens, but if there is some manufacturer out there deploying different models of Samba-enabled NAS devices, whose differences are arbitrary limitations on the number of domains/clients connections built into the Samba code itself, for which he charges different prices (let's say, an "unlimited" version, a "5 domain/50 clients" version, an "1 domain/10 clients" version etc.), he's going to have to change his business model if he wishes to use Samba 3.2.

      But sure, other than this there's not much that Samba, by itself, can cause. Except maybe, provided the underlying system isn't a VM, by offering a hole through which hackers might be able to crack all of the (remaining) DRM in the device.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    21. Re:More like, who re-packages it. by alexgieg · · Score: 1

      In contrast, the situation we were talking about is where the system restricts anything, including the manufacturer-supplied Samba, via (e.g.) a system call that implements DRM. It would go something like this: "PID n wants to open a (DRM'd) file -> kernel checks whether the proper key is supplied -> kernal refuses to decrypt the file."
      Ah, I see! In any case, provided the manufacturer supplied Samba can use the key, and my own Samba can use the key, without mine being discriminated in any way, then sure, this is allowed. Besides, such a scheme wouldn't be prevented even by a GPLv3 kernel. AFAIK, if the DRM is, say, a public key encryption/decryption data exchange, it's surely allowed. The requirement is simply that the key a supplier-provided GPLv3 software uses must be as much usable by (and available to) any user-provided GPLv3 software that replaces it.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    22. Re:More like, who re-packages it. by Val314 · · Score: 1

      And what if the Image is not on a flash memory, but on a ROM? (unlikely, but still possible)

    23. Re:More like, who re-packages it. by alexgieg · · Score: 1

      And what if the Image is not on a flash memory, but on a ROM? (unlikely, but still possible)
      GPLv3 allows for this in a very specific case:

      6. (. . .) this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

      Notice that if there is a way to change the software, by writing a new ROM or something like that, then the details on how to do so must be provided to the end user.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    24. Re:More like, who re-packages it. by cmdr_tofu · · Score: 1

      One vendor in particular (namely Falconstor), have modified the code of Samba, distributed binaries to us (we were their unhappy customers), and *REFUSED* to provide source code to their changes. We are no longer a Falconstor customer and no longer want to see what changes they made to our smbd. But what can/is/should be done about GPL-violating vendors?

  4. Way to go Jeremy! by Anonymous Coward · · Score: 1, Interesting

    Thank you sir! Hopefully many more projects will follow your lead.

  5. smbfs? by man_of_mr_e · · Score: 5, Interesting

    So doesn't this mean that smbfs is now dead? Or stuck at 3.0.x? Since the Linux kernel will not be going GPLv3, from my understanding of what Linus has said.

    1. Re:smbfs? by Jeremy+Allison+-+Sam · · Score: 5, Informative

      smbfs has been dead for a while. The replacement is CIFSFS. Luckily (or unluckily, depending on your point of view :-) this isn't a Samba project, it's developed by Steve French of IBM, and I think it's under GPLv2 or later.
      Jeremy.

    2. Re:smbfs? by skrolle2 · · Score: 2, Insightful

      Not necessarily, if smbfs needs code from the Samba project, its authors can of course give it to smbfs under GPLv2, or whatever other license they choose.

    3. Re:smbfs? by diegocgteleline.es · · Score: 0, Redundant

      smbfs has been dead for a long time. cifs is the replacement.

      The GPLv2 does not state that you have to become a slave of rms and follow him in all things, and agree with him. Really. You must have read some other (perhaps unreleased early draft?) version. -- Linus Torvalds

    4. Re:smbfs? by ScytheBlade1 · · Score: 0, Redundant

      smbfs has been dead for a long time. You should be using cifs instead.

    5. Re:smbfs? by ScytheBlade1 · · Score: 1

      Holy redundant posts in seconds, batman.

    6. Re:smbfs? by Joe+Snipe · · Score: 1

      +3, interesting? How did you get modded up three times within ten minutes of the first post?

      --
      Sometimes, life itself is sarcasm...
    7. Re:smbfs? by Anonymous Coward · · Score: 0

      They'll just write the filesystem plugin as a SOAP web service to exploit the network loop hole in GPLv3. Look that performance go! ;)

    8. Re:smbfs? by man_of_mr_e · · Score: 1

      CIFSFS? Isn't that redundant? lol.

      Still, doesn't this mean that new features of Samba can't be ported to work as a kernel level driver?

    9. Re:smbfs? by moosesocks · · Score: 0, Troll

      Couldn't it be implemented using a FUSE module?

      From what I understand, the use of a system like FUSE skirts around most licensing requirements...

      Personally, I think that GPLv3 was a very stupid move on RMS's behalf for reasons such as this. Sure, he helped establish the free software movement in the 80s and 90s, but ever since then, he's been somewhat of a burden to the community.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    10. Re:smbfs? by Danathar · · Score: 1

      Linus has been a little muddy on this point of late. He gave some examples (for instance if Sun releases Solaris under GPLv3) that would probably convince him to change the license on the kernel.

      Sun has said they would like to release Solaris under GPLv3 if possible.

      Linus said he is also not near as up in arms over the new version of the GPL as he once was.

    11. Re:smbfs? by rthille · · Score: 1

      No, it means the code has to be rewritten, not copied, since it's just a copyright thing, not a patent thing.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    12. Re:smbfs? by Nothinman · · Score: 1

      CIFSFS? Isn't that redundant? lol.
      That's why it's just called CIFS...
  6. Why not v3.3.x? by Anomalyst · · Score: 1, Insightful

    They are already boosting it by a non integral value, 3.0->3.2 does not appear to be intuitively obvious to the casual observer, why not aim for a mnemonic association with 3.3.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    1. Re:Why not v3.3.x? by Jeremy+Allison+-+Sam · · Score: 4, Funny

      'Cos odd numbered releases mean "development" releases. People have been trained by the Linux kernel to think that. It's like odd numbered Star Trek movies, everyone knows they suck :-).
      Jeremy.

    2. Re:Why not v3.3.x? by jon787 · · Score: 1

      My guess is that they reserve odd minor version numbers for development branches. 3.0 and 3.2 are stable versions.

      --
      X(7): A program for managing terminal windows. See also screen(1).
    3. Re:Why not v3.3.x? by HTH+NE1 · · Score: 1

      I presume Samba gives special meaning to even vs. odd sub-revisions and they don't want to mess that up.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    4. Re:Why not v3.3.x? by Anonymous Coward · · Score: 0

      Because it's not important. It would be like trying to get your street address number changed to match your car license plate number.

    5. Re:Why not v3.3.x? by HTH+NE1 · · Score: 3, Interesting

      Well, this message's (actual) parent is gonna get modded Redundant because I was a bit slow in composing my reply. (My excuse: if I keep my session open too long, every clicked link pegs my CPU for what feels like half a minute, new tabs longer.)

      It would be nice if slashcode's Preview would inform a poster about other replies that were made to the parent posting since the new posting was started or last previewed. That might cut down on the number of redundant follow-ups where some posters compose slower than others and don't think to click the parent's message number to reopen it in a new tab to check for other replies first.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    6. Re:Why not v3.3.x? by kv9 · · Score: 1

      (My excuse: if I keep my session open too long, every clicked link pegs my CPU for what feels like half a minute, new tabs longer.) try Opera.
  7. Oh whew! by mattgreen · · Score: 3, Funny

    What a relief! These past few nights I have been unable to sleep as I pondered which versions of what software should adopt the new GPL (which is really sweet BTW you should check it out, it has awesome graphics). I can rest a little easier now knowing that they are moving to GPLv3.

    After all, its the morally correct thing to do.

    1. Re:Oh whew! by mrchaotica · · Score: 1

      ...the new GPL (which is really sweet BTW you should check it out, it has awesome graphics).

      Hey, the graphics in my GPL aren't working. Do I need to upgrade my LSD or something?

      --

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

  8. Excellent work by raahul_da_man · · Score: 4, Insightful

    There was a lot of doomsaying as to how the GPL V 3 would never be adopted, most unexpectedly by Linus, and also by the normal suspects in spreading FUD. It is good to see that
    the FSF and Stallman have finally addressed patent issues and prevented tivoization. As a major project like Samba has adopted this, many other projects will probably also follow suit. It becomes harder and harder to stay GPL v 2 if the entire body of software is V3. Linus may have stated that the kernel won't have V3, but increasingly that will lead to the kernel being unable to incorporate the latest patches from others.

    1. Re:Excellent work by dbIII · · Score: 1

      There was a lot of doomsaying as to how the GPL V 3 would never be adopted, most unexpectedly by Linus

      That was about the drafts and some loud idiots insisting that the imperfect drafts had to be accepted without question. A few things have been fixed, it is now a lot more clear and it doesn't have stupid unintended complications like forbidding authentication of embeded devices.

    2. Re:Excellent work by Anonymous Coward · · Score: 0

      it is now a lot more clear and it doesn't have stupid unintended complications like forbidding authentication of embeded devices. Oh, I'd say they really cleared up unintended complications /rolls eyes

      From the GPL3
      A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product. Make a heart monitor with GPL3 code for hospitals and it is an item intended for commercial use, thus you can DRM it to make sure the code can't be changed. If it could, you couldn't get your hardware certified for medical use. Take the same heart monitor home and you're now in violation of the GPL3 because it is being used residentially even if you only sold it to the hospital in the first place. You have the choice of telling people how to crack the DRM, violating your license to produce the devices for hospital use, or you've committed commercial copyright infringement. Oh well, it looks like GPL3 code will never be used in such devices since the manufacturer can't open itself up to that kind of liability so they'll have to be locked down with BSD, Linux with a non-GPL3 userspace or something totally proprietary like QNX. It's a win for user freedom everywhere!

      The reality is there is a cost to every decision a manufacturer has to make... and the GPL3 is overly complicated and locks itself out of a vast array of markets because it is impossible to comply while still being able to pass things like FDA, FCC, etc manufacturing rules. I can come up with at least a dozen devices that would benefit from FOSS code but will never be able to use GPL3 code in it for those types of reasons including some sacred cows around here (imagine an electronic voting system with DRM locks on it to make sure the OS and programs can't be changed but provide the full source which produces a binary which matches the ones on the system). In the end, it could very well be cheaper to buy licenses for something like QNX than it would be to employ people to improve the FOSS codebases and expose yourself to liability.

      Damn me for modding early in this thread and having to post anonymously twice now.
    3. Re:Excellent work by Just+Some+Guy · · Score: 1

      Linus may have stated that the kernel won't have V3, but increasingly that will lead to the kernel being unable to incorporate the latest patches from others.

      Never, ever, in a million years would I have expected see it come to pass that Solaris was more GNU-friendly than Linux. Should it really pan out that Linux is GPLv2-only and Solaris really is released under GPLv3, will we start seeing a migration?

      I haven't looked (and don't know where to look) to see if the kernel itself has any external dependencies - I'm pretty sure it doesn't link to glibc but I don't know about other libraries. Does anyone know either way and care to share with us?

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:Excellent work by Anonymous Coward · · Score: 0

      I haven't looked (and don't know where to look) to see if the kernel itself has any external dependencies - I'm pretty sure it doesn't link to glibc but I don't know about other libraries. Does anyone know either way and care to share with us? The kernel can't have any external dependencies... you can't use dlopen to load glibc to run your ATA module when you have no ATA drives yet because the ATA driver isn't loaded. Third party code that is needed in the kernel is actually part of the kernel codebase (such as the code to gunzip a compressed kernel on boot). You can't retroactively relicense code down the road (ie, you can't say "you no longer have any GPL2 rights to gzip 1.3.12, it is now covered under the GPL3+ only") so you can't say "because linux includes the code to gunzip (a GPL2 version of it), it has to be GPL3'd."
    5. Re:Excellent work by Just+Some+Guy · · Score: 1

      You can't retroactively relicense code down the road (ie, you can't say "you no longer have any GPL2 rights to gzip 1.3.12, it is now covered under the GPL3+ only") so you can't say "because linux includes the code to gunzip (a GPL2 version of it), it has to be GPL3'd."

      Well, of course not, but if gzip 1.3.13 fixes a critical buffer overrun, then some kernel dev now gets the unglamorous job of maintaining a GPLv2 fork of gzip. That alone is no big deal, but how many of those external dependencies are there? Could the kernel devs find themselves in the same boat as the one we've been gleefully watching Microsoft board? I don't want that to happen, but I'm pretty ignorant of the situation and hoping that other people have a clearer answer than I do.

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:Excellent work by Anonymous Coward · · Score: 0

      There is a decent amount of code lifted from other projects and put into the kernel (not being a kernel dev or maintainer, I can't fathom a guess at exactly how much without wasting time to figure it out)... and at the end of the day, the kernel devs are responsible for maintaining their tree. It can be argued that a one line bug fix isn't copyrightable (not large enough to be considered a work and can only be fixed in a very limited number of ways so it isn't copyrightable) but eventually, patches are big enough that they do constitute a copyrightable work.

      Therein lies the problem with the GPL3 being incompatible with the GPL2. In order to get back at Tivo, the FSF willfully chose to drive a divide between the FOSS community and are trying to leverage their code to extort other people into licensing their code under terms they don't agree to just so they can ease the burden of maintaining a separate fork. Honestly, I'd like to see someone fork the entire GNU project and maintain a GPL2 branch and/or completely rewrite the entire GNU project under a non-FSF controlled licensing system. The FSF (largely them) created a community and are pissed off that they no longer control their child. They're like a parent who decides to tell you how you're going to live your life once you're 30 and if you won't comply, they want to lock you in their basement until you relent.

    7. Re:Excellent work by CRiMSON · · Score: 1

      Those patches still work fine on my system.

      --
      oogly boogly!
  9. And now for the important part. by skrolle2 · · Score: 2, Interesting

    When will 3.2 be released, and when will Novell include it in SUSE?

    1. Re:And now for the important part. by Jeremy+Allison+-+Sam · · Score: 3, Informative

      "When it's done" - sorry, don't know when that'll be. You'll have to ask Novell if they'll include it in SuSE, but I don't see why not.
      Jeremy.

  10. Yes teacher, but... by Anonymous Coward · · Score: 0

    So whats 69 equal to?

  11. Re:So, let me winterize by Anonymous Coward · · Score: 0

    Are you saying they can only use those version numbers during the summer? What numbers should they use in the winter?

  12. Not dead yet. by pavon · · Score: 1

    Some (all?) of the samba libraries are also released under the LGPL, which can be linked against software using whatever license you want. I'm not certain, but I think that this includes all of the libraries used by smbfs.

    The FAQ in the article is actually in error - you do not need to license your code as "GPLv2 or latter" to link against LGPLv3, just to link against GPLv3.

    1. Re:Not dead yet. by Jeremy+Allison+-+Sam · · Score: 3, Insightful

      No it isn't in error. "GPLv2-only" licenses are incompatible with both GPLv3 and LGPLv3, as they add additional conditions which are incompatible with GPLv2. It isn't the LGPLv3 code that is the problem, it's the "GPLv2 only". Thus the advice to relicense to "GPLv2 or later". See the FSF comments on this.
      Jeremy.

    2. Re:Not dead yet. by samkass · · Score: 1, Insightful

      It isn't the LGPLv3 code that is the problem, it's the "GPLv2 only". Thus the advice to relicense to "GPLv2 or later".

      It takes two to have a problem. "GPLv2 or later" is essentially handing all your rights over to FSF. I don't sign blank checks, I don't sign contracts before they're written, and I'd be a fool to write "GPLv2 or later" on any piece of code I wrote.

      --
      E pluribus unum
    3. Re:Not dead yet. by node+3 · · Score: 1

      Why do you think that would that make you a fool, exactly?

    4. Re:Not dead yet. by Bacon+Bits · · Score: 1

      If there's one thing the FSF has done successfully, it's teach FLOSS developers to be highly skeptical of any large, monolithic entity with power over your programs and your code. The FSF is, due to it's GNU associations, very much a large, monolithic entity in the *nix world. If I was going to say "I trust you with my code in perpetuity" I'd probably go with any other FLOSS license besides the GPL.

      Note that there's no reason the original copyright holder can't re-release code that's GPLv2-only under GPLv3 or later revisions. The original owner didn't gain access to it by the GPL. He gained access to it by copyright.

      --
      The road to tyranny has always been paved with claims of necessity.
    5. Re:Not dead yet. by Anonymous Coward · · Score: 0

      The FSF could change their minds, be bribed, bought out, nationalized, extorted or etceteraed into releasing a GPLv4 that e.g. included clauses exempting corporations from sharing source. If you're the kind of person who used GPLv2 you wouldn't want that, and it's foolish to allow the possibility when you can eliminate it by deleting two words from the licence.
      The flipside is that the GPLv3 probably suits most GPLv2 users better than GPLv2 does - but you can simply re-licence your code manually if you want to change it.

    6. Re:Not dead yet. by mrchaotica · · Score: 1

      I'd be a fool to write "GPLv2 or later" on any piece of code I wrote.

      No, you'd be trusting the FSF to write "GPLv2 or later" on any piece of code you wrote. Some would argue that "being a fool" and "trusting the FSF" are not necessarily equivalent!

      --

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

    7. Re:Not dead yet. by node+3 · · Score: 1

      it's foolish to allow the possibility when you can eliminate it by deleting two words from the licence Why is that? If the possibility is miniscule, why worry about it so?

      The flipside is that the GPLv3 probably suits most GPLv2 users better than GPLv2 does Exactly.

      but you can simply re-licence your code manually if you want to change it. No, you can't. Or, more accurately, it becomes exceedingly more difficult, as more and more people contribute to your project. Linus would, for example, have to hunt down every single person who contributed code to the Linux kernel, and ask them for permission (or hunt down the person who now has legal ownership of their code, as some contributors are now deceased). For those who say "no", or who are not reachable, Linus will have to replace their code.

      All for the want of two words. Two words excised for fear of something that is *far less* likely to happen than the above scenario, which is actually quite common.
    8. Re:Not dead yet. by node+3 · · Score: 3, Informative

      If there's one thing the FSF has done successfully, it's teach FLOSS developers to be highly skeptical of any large, monolithic entity with power over your programs and your code. That's not what they've taught at all. They've taught that large monolithic organizations are just fine and dandy, so long as they provide you with the ability to do what you want with the products they sell you.

      The FSF is, due to it's GNU associations [aside: what does this even mean?], very much a large, monolithic entity in the *nix world. If I was going to say "I trust you with my code in perpetuity" I'd probably go with any other FLOSS license besides the GPL. Which organization do you think is going to work to protect the freedom of software users more than the FSF?

      Note that there's no reason the original copyright holder can't re-release code that's GPLv2-only under GPLv3 or later revisions. The original owner didn't gain access to it by the GPL. He gained access to it by copyright. See my response to the AC below.

      The real question is, what, exactly, do people think is going to happen? MS is going to buy the FSF and create a GPLv4 which is just an MS license? Do they think that somehow this means that the FSF will be able to steal your code away from you? None of these things are remotely likely, or in the case of the second, even reasonably possible.

      The biggest concern is the FSF really screwing up, inadvertently, a new license. *That's* the only reasonable concern. The FSF has shown great care in the past, and present, in drafting their licenses, and it seems highly reasonable to assume they'll do so in the future. Of course, if it were as easy as you (and others) seem to think to relicense a project from GPLv2 to GPLv3 (or any other earlier-later transition), then there really wouldn't be an issue. But it *is* difficult, unless you are the sole programmer for a project, and you don't die or pass on stewardship of the project to someone else without granting them full copyright of your code. And if you do accept patches or other collaboration, then you'll have to be sure to consolidate fully copyrights from everyone who contributes code (which is the exact thing you are arguing *against* people doing).

      On the other hand, just adding "or later" (not adding, actually, just not removing), you avoid all those problems. All those real problems which actually exist. You do leave yourself vulnerable to potential problems, primarily the FSF botching a subsequent license. But if your code is GPLvX or later, if GPLvX+1 is botched, you can still just use GPLvX. Of course, you can't stop others from switching over to a newer license, but your code will remain under the "GPLvX or later" license, if that's what you wish. And even if GPLvX+1 (or later) is botched, it's probably not botched all that much.

      So the risk is small, the potential problems are small and fairly limited, and the potential for avoiding non-small, non-low risk problems is great. How is this foolish again?
    9. Re:Not dead yet. by samkass · · Score: 1

      Two points:
      1. It is advisable for projects to require copyright to be signed over to the coordinating authority upon submission. That allows the project managers to change the license in the future (ie. from "GPL version 2" to "GPL versions 2 or 3") without requiring permission from every submitting individual. That largely satisfies your concern, I think.
      2. The FSF (aka "Richard Stallman") has already shown a great deal of disregard for individual's concerns during the GPLv3 process. Who knows what holy wars he will try to wage with GPLv4, or where the FSF will go once he retires/gets hit by a bus/wins the lottery and doesn't care/whatever. Unless you have 100% confidence that the FSF will forever act in your interests, adding "or later" to your license is sheer stupidity. Heck, I doubt it's even legally clear what would happen if *I* went and published a new license named "GPL version 100". The only way to ensure that your code stays free is to not include "or later", and explicitly specify the versions of the GPL you are distributing your code under.

      --
      E pluribus unum
    10. Re:Not dead yet. by Zebidiah · · Score: 1

      I cannot see the difference between giving a coordinating authority your copyright to your code or giving it to the FSF directly or through GPLPresent version or later. You no longer have control.

      It simply comes down to who do you trust most?

  13. Google Code by Short+Circuit · · Score: 1

    What of the projects on Google Code? Last I checked, I could select "GPL" as an advertised license, not "GPL 2" or "GPL 3".

    1. Re:Google Code by Anonymous Coward · · Score: 0

      If you choose "GPL", I believe it generally means "any version of the GPL". I'm not sure specifically how that affects Google Code though. You'd still have a COPYING file in svn/bzr that really tells you the license, in any case.

    2. Re:Google Code by The+Cisco+Kid · · Score: 1

      What license text you include with your code when distributing it determines what license you are using, not some checkbox on a code site.

    3. Re:Google Code by Anonymous Coward · · Score: 0

      No, you are explicitly selecting version 2 when you create projects, and from what I recall it has been that way for at least several months, maybe even from the start. Though the LGPL has no version number in the drop-down.

      The question about GPLv3 was asked here: http://groups.google.com/group/codesite-discuss/br owse_thread/thread/25796bcbbfbe5d15 but there has been no answer.

  14. Dev version isn't GPL3? by lullabud · · Score: 1

    So, by this logic the Dev version, 3.1, would be GPLv2.

    They really should've made the dev version 3.3 and the stable 3.4. It only makes sense.

    Using 3.2 for a GPL3 release is the same kind of shit that Sun would pull to confuse us about which version of JACRONYM we are using, or which version of Solaris/Sun OS we're running.

  15. Are you aware of any that do? by khasim · · Score: 1

    I expect our vendors to just roll along with us, as will and vendor that doesn't have "discriminatory" patent agreements.

    I'm not trying to be snippish or anything. But are there any vendors that you know of that do have such?

    Particularly with the new Samba on the horizon.
    1. Re:Are you aware of any that do? by J0nne · · Score: 1

      How about LaCie? They even offer the source codes for download to everyone, you don't even need to buy one of those disks.

      The GPLv3 might force them to make it easier to tinker with the drives, but i'm not sure about that (currently it involves operations that are sure to void your warranty).

  16. GPL 3 and Closed Source Addons/Extensions by DaveOrZach · · Score: 1

    What does changing to v3 do to companies that use Samba and closed source software?
    Example: Apple's preference panel. It is used to control Samba but is closed source.

    1. Re:GPL 3 and Closed Source Addons/Extensions by Jeremy+Allison+-+Sam · · Score: 3, Informative

      Nothing. That code doesn't link to Samba and so the license change has no effect. Apple are perfectly free to keep shipping Samba, as are all other vendors who obey the GPLv3.
      Jeremy.

    2. Re:GPL 3 and Closed Source Addons/Extensions by mechapanda · · Score: 1

      Interesting that BootCamp keeps Apple clear of being accused of Tivoization:)

      Am I right in thinking that Apple is going to have to support the use of other OS's on all their future hardware that uses GPL3 software?

    3. Re:GPL 3 and Closed Source Addons/Extensions by argent · · Score: 1

      Interesting that BootCamp keeps Apple clear of being accused of Tivoization:)

      Tivoization doesn't mean "you can't boot other operating systems", really. It means "you can't even install software, period". It'd be nice to be able to replace all the software down to the ROMs, but there's always something you don't have source and spec for if only things like GPU and hard drive firmware... Tivoization is about the system as a whole.

      Am I right in thinking that Apple is going to have to support the use of other OS's on all their future hardware that uses GPL3 software?

      There's no GPL code in the kernel. They'll need to keep letting you install your own version of the GPLed software they DO ship, though... like they already do.

    4. Re:GPL 3 and Closed Source Addons/Extensions by frogstar_robot · · Score: 1

      All Apple has to do is not foreclose running modified versions of any GPLv3 software they ship. Their recent history with GPLv2 stuff has been reasonably classy. OS X kernel and most of the userland isn't covered by any form of the GPL. Tivoization generally refers to locking down Free software with hardware DRM so that only the manufacturer of a device can modify the software. Apple isn't doing this. Apple doesn't ship any GPLv3 kernels or bootloaders on their hardware so they aren't tivoizing. Apple DOES use hardware DRM to disallow (legally) booting OS X on non-Apple approved hardware. Some don't like this but it isn't tivoization. They also seem to be backing away from their open Darwin BSD environment since hacked Darwin bits have been used to replace the parts of OS X that participate in DRM checks but that isn't tivoization either but even if it is, Apple is the copyright holder of a non-GPLv3 codebase and can do with it as they like. I say that isn't Tivoization because while core bits of OS X are based on OSS, these are permissible proprietary forks.

      Now Apple has used GPL and LGPLed code for things like web browsers and smb daemons but modifications to those don't affect the things Apple wants to protect. IMHO, GPLv3 doesn't seem to be an anti-DRM threat to them if they use such code as they have used GPLv2 in the past. They may not like the patent provisions but that is another kettle of fish and doesn't have anything to do with tivoization.

    5. Re:GPL 3 and Closed Source Addons/Extensions by JRaven · · Score: 1

      Err... no?

      Sorry, I'm just having trouble fathoming how anyone could so misunderstand the issues as to think Boot Camp has any relevance to whether or not Apple can distribute a GPLv3 application.

      (For one thing, Boot Camp has nothing to do with Tivoization...)

    6. Re:GPL 3 and Closed Source Addons/Extensions by TheAwfulTruth · · Score: 1

      Huh, I think you just proposed a new loop-hole to be closed in GPLv4.

      Create an open source stub that links to a GPLed library or other GPL code. Communicate to it through a "settings file" and you've "linked" non-GPLled proprietary appliance code back to GPLEd code without having to release your source again?

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    7. Re:GPL 3 and Closed Source Addons/Extensions by QuantumG · · Score: 1

      Their recent history with GPLv2 stuff has been reasonably classy. I must have missed that. Far as WebKit is concerned, however, they are mixing LGPL code with an incompatible license. They don't go to any effort to separate the LGPL code from the other licensed code. They don't dynamically link it. They don't provide object files. They don't explicitly authorize the reverse engineering for debugging purposes that the LGPL requires. They're really not abiding by the LGPL at all.. but the authors of the particular code they're using just don't care.. so there's no repercussions.
      --
      How we know is more important than what we know.
    8. Re:GPL 3 and Closed Source Addons/Extensions by ZachPruckowski · · Score: 2, Informative

      See, but that doesn't break any of the Freedoms that FSF espouses. I can still update, modify, recompile, or remove whichever version of Samba Apple ships. I could even write my own SMB-compatibility app. In the worst case scenario, I can't use that preference pane if I "break" Samba. But that's my problem, not Apple's.

      Apple is actually really modular with its code. You can replace a lot of components, and as long as they're compatible, there's no issue. I've upgraded several of the installed OSS programs, and I've even replaced Apple's Finder (I literally do not even have the old one on this computer). I'm perfectly allowed to do that. Occasionally that borks updates when Apple tries to update the Finder or Apache in a 10.4.y patch, but that's my problem (and easily worked around) and not a GPL violation.

    9. Re:GPL 3 and Closed Source Addons/Extensions by Anonymous Coward · · Score: 0

      Not quite... Tivoisation is a subset of a larger "trusted computing" mindset. It's quite possible for a computer to allow the installation of other operating systems, but the hardware treats that code as "untrusted". Remote systems can query the "trust" status of your system (are you running approved code)... and choose whether to talk to it. For example: Blu-Ray player queries your PC -- are you running software signed by people that I trust (Sony!)? No... then no movie for you.

      This is more subtle, and dangerous, than full blown "tivoisation", and is the real target of the GPLv3. It doesn't just apply to just video and sound... but to any and all software and data. Tivo is just a simple example to explain to people the basics. BootCamp, for example, is part of Apple's move to Trusted Computing... since they require a signed and official bootloader to go with a signed and official kernel, and the TPM hardware they put in their Intel Apple Macs.

    10. Re:GPL 3 and Closed Source Addons/Extensions by frogstar_robot · · Score: 1

      They have however put up a WebKit cvs server with a reasonably well documented codebase up. I suppose they may be in technical breach of the LGPL but since the khtml guys have been getting sufficiently good information to port some of Apple's enhancements back from Webkit that may be why they aren't terribly fussed. The khtml guys are looking to improve their own project rather Safari or WebKit (which is fair enough IMHO. Apple got a clean rendering engine on the cheap when they needed one fast). Apple has been co-operating with this. Some within KDE even want to adopt WebKit and then use it as an upstream project.

      As for that "explicit permission" I suppose the use of the LGPL would make a pretty good defense if someone were to go digging around for relevant info that the WebKit source isn't giving them. It doesn't seem terribly likely to come up and it would open a can of worms for Apple.

    11. Re:GPL 3 and Closed Source Addons/Extensions by TheBig1 · · Score: 1

      Off topic, but what program did you use to replace Finder? I am looking for a nice simple elegant replacement, but the only one I have found so far is Path Finder (which I personally dislike, as I feel that it stuffs too many features where they shouldn't be).

      Cheers

    12. Re:GPL 3 and Closed Source Addons/Extensions by Anonymous Coward · · Score: 0

      It was pathfinder that I used. It's the only alternative Finder anyone's written, AFAIK. I basically use it for the Shelf.

  17. Re:Free software my ass by fishbowl · · Score: 1

    >Now it's just a bunch of faux-lawyers gumming up the works

    There *are* some real lawyers gumming up the works as well.

    --
    -fb Everything not expressly forbidden is now mandatory.
  18. GPL3 not practical for Linux kernel by EmbeddedJanitor · · Score: 4, Interesting
    The limitation is not because Linus is some asshole, but a practical realisation that GPL3 cannot be retro-fitted to existing kernel code.

    Only the owner of the code is allowed to assign the license and people made submissions to Linux under the GPL2-flavored license. Linus has no authority to release all the Linux code under a new license since he only owns a small percentage of the code. There have been thousands of people submitting to Linus under the GPL2-flavored license and it is impractical, if not impossible, to track those submittors down and secure a GPL3 agreement from them.

    Sure, Linux could adopt the SMB strategy of committing to make future release of Linux GPL3 (eg, say Linux 3.0). Then all submissions into that new version would have to be GPL3. Practically though, many of the big players in Linux might prefer GPL2 over GPL3 and that could force a fork.

    --
    Engineering is the art of compromise.
    1. Re:GPL3 not practical for Linux kernel by oyenstikker · · Score: 0, Troll

      RMS _wants_ Linux to get forked and to lose support. Then people will come help him with HURD.

      --
      The masses are the crack whores of religion.
    2. Re:GPL3 not practical for Linux kernel by an.echte.trilingue · · Score: 0, Offtopic

      The GPLv2 says you can redistribute code released under GPLv2 under GPLv2 or later. Linus can release it under v3 if he wants to. He has chosen not to.

      --
      weirdest thing I ever saw: scientology advertising on slashdot.
    3. Re:GPL3 not practical for Linux kernel by Anonymous Coward · · Score: 0

      Linux doesn't have the "or later" clause. Read the license.

    4. Re:GPL3 not practical for Linux kernel by pkvon · · Score: 1

      Search for "Revised Versions of this License." in this document http://www.fsf.org/licensing/licenses/gpl.html

    5. Re:GPL3 not practical for Linux kernel by ejasons · · Score: 1

      The GPLv2 says you can redistribute code released under GPLv2 under GPLv2 or later. Linus can release it under v3 if he wants to. He has chosen not to.
      That would be interesting if it were true, but it's not...

      Linus modified the Linux license to remove the "or later" clause, and so the entire kernel is GPLv2 only. Parts of the kernel do have the "or later" as part of their license, but most don't. So, to go GPLv3, those parts would either have to be rewritten, or their author tracked down, to give permission...
    6. Re:GPL3 not practical for Linux kernel by Anonymous Coward · · Score: 0

      The GPLv2 says you can redistribute code released under GPLv2 under GPLv2 or later. Linus can release it under v3 if he wants to. He has chosen not to. [ Reply to This
      Posting anonymously since I already modded earlier in this discussion but I'm sick and tired of people saying this.

      You need to re-read the license. GPL2 does NOT say that someone can choose a later GPL license.

      From COPYING after skipping a bunch of text

      END OF TERMS AND CONDITIONS

      How to Apply These Terms to Your New Programs

      ...

      This program is free software; you can redistribute it and/or modify
      it under the terms of the GNU General Public License as published by
      the Free Software Foundation; either version 2 of the License, or
      (at your option) any later version.
      You need to specify that your code is GPL2 or any later version for someone to be able to come along and relicense it as GPL3, GPL97 or GPLVista. Code which doesn't specify "or any later version" are GPL2 only unless their author relicenses them. I can promise you that if you swipe my deliberately GPL2 code and relicense it as GPL3, my lawyer will be in contact with you as soon as I find out. I'm not a kernel dev but I licensed my code under the GPL2 (only) for the same reason Linus licensed the kernel as GPL2. Neither of us blindly trust a third party to license our software on our behalf... and as it turns out, as a software author, I disagree with the terms of the GPL3 and wouldn't want my code licensed under it.
    7. Re:GPL3 not practical for Linux kernel by bucky0 · · Score: 3, Informative

      Bzzt. Wrong. Linus Torvaldis explains this pretty often The "or later" clause is optional, and was never in the License that the linux kernel was released under.

      --

      -Bucky
    8. Re:GPL3 not practical for Linux kernel by mcrbids · · Score: 1


      The limitation is not because Linus is some asshole, but a practical realisation that GPL3 cannot be retro-fitted to existing kernel code.

      Only the owner of the code is allowed to assign the license and people made submissions to Linux under the GPL2-flavored license. Linus has no authority to release all the Linux code under a new license since he only owns a small percentage of the code. There have been thousands of people submitting to Linus under the GPL2-flavored license and it is impractical, if not impossible, to track those submittors down and secure a GPL3 agreement from them.


      That's just stupid, and even lawyers are smart enough to realize that. If a lawsuit is performed against an undefined class of people, the process of publication is used to achieve service and notice of change.

      If I wanted to perform a legal action that might affect people in, say, a certain county, I'd have to look up a "publisher of record" in that county and print an article for a definable period of time (say, 2 weeks in my local jurisdiction) indicating that the legal action is going to be performed, and provide a venue for redress of grievance.

      For example, if the local city wanted to change zoning for a particular part of town, they'd publish in the appropriate publisher of record what their intent is, and provide meeting for people to object. Once the objections are properly handled, the zoning change can commence without hitch.

      If Linux was really to be relicensed, then there would be a period of time where the intent to relicense would be broadly published, and contributors who wished to object would have the chance to have their contributed code evaluated for modification/removal, and then the kernel would be relicensed. It might take as long as 6 months to a year, but it would, could, and probably will happen.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    9. Re:GPL3 not practical for Linux kernel by G+Morgan · · Score: 1

      Gnu has abandoned the HURD project for a new kernel called HIV.

      HIV is an acronym for HURD Is Vapourware.

      To get with modern programming practices Gnu have abandoned recursive acronyms for object oriented acronyms. HIV has a HURD. Of course HURD is itself a recursive acronym combining the power of both naming conventions to form an almighty and indecipherable acronym.

      Expected date of completion for HIV is January 42nd 2075.

    10. Re:GPL3 not practical for Linux kernel by Dog-Cow · · Score: 1

      "If Linux was really to be relicensed, then there would be a period of time where the intent to relicense would be broadly published, and contributors who wished to object would have the chance to have their contributed code evaluated for modification/removal, and then the kernel would be relicensed. It might take as long as 6 months to a year, but it would, could, and probably will happen."

      Cool! I'm going to print an ad in a prominant Redmond newspaper, notifying MS that I'm relicensing Windows under the GPL. Soon Windows will be free for everyone!

      You are an idiot.

    11. Re:GPL3 not practical for Linux kernel by castrox · · Score: 1

      An explanation by Bruce Perens posted some weeks ago might clear things up. (Hint: relicensing seems to not be a problem at all.)

      --
      Fight for your digital freedom, join the EFF *now*: http://www.eff.org/support/
    12. Re:GPL3 not practical for Linux kernel by mcrbids · · Score: 1

      You are an idiot.

      Really? Are you sure?

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
  19. Re:Free software my ass by WaXHeLL · · Score: 4, Informative

    Write code you love and let it go free. If someone else makes money from it, BFD. "RMS" can go shove it.

    That's called the BSD license.
    http://www.opensource.org/licenses/bsd-license.php
    --
    The troll with karma.
  20. In other news... by Duncan3 · · Score: 0, Flamebait

    People continue to avoid the GPL in favor of BSD and other types of code just like before. Nothing has changed, the GPL world is still cut off from everything else by ideology, GPL3 cits off even more in fact. Nothing to see except a 3-ring circus, move along.

    --
    - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
    1. Re:In other news... by Jeremy+Allison+-+Sam · · Score: 4, Informative

      That's funny, according to this page :

      http://freshmeat.net/stats/

      fully 65.74% are under the GPL with an additional 6.53% under the LGPL. If anyone is cutting themselves off from the mainstream it would be BSD and other types of license, it seems :-).

      Jeremy.

    2. Re:In other news... by Anonymous Coward · · Score: 0

      Because we all know quantity infers quality.

    3. Re:In other news... by QuantumG · · Score: 5, Insightful

      Absolutely. I've tried to explain this before, but it always gets muddled up. Ideally I'd like to release my code with the least restrictions possible, because I want the users of my software to be free, but in practice if I don't put some copyleft like restrictions on my code then it will end up that some of the users of my software will not be free. If my goal is to maximize the freedom of the users of my software then, paradoxically, I must restrict them - specifically, from taking freedom away from others.

      As such, I believe the BSD style licenses are more idealistic than copyleft licenses, but less effective.

      --
      How we know is more important than what we know.
    4. Re:In other news... by Plutonite · · Score: 1

      Forget mithral, you're gonna need a mithril helmet to protect you from the stuff that's going to hammer your head now! Darn trolls.

    5. Re:In other news... by Duncan3 · · Score: 1

      Absolutely, I use GPL applications all the time, so does everyone else.

      But people use BSD libraries - code - but not GPL libs because they probably cannot due to the GPL.

      There is a profound difference between an app and code. GPL is fine for apps because when you're dealing with an app, the GPL isn't really saying anything about what you do with it. Google, Yahoo, and others are all built on GPL's apps, do they care? Does anyone? Not at all! But if Google went withing 1000 miles of GPL'd code, all hell would break loose.

      --
      - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
    6. Re:In other news... by bobsledbob · · Score: 1

      Yes, exactly! Thank you. well put.... Wish I mod points right now.

      --
      Beware of geeks bearing formulas.
    7. Re:In other news... by quintesse · · Score: 2, Interesting

      As such, I believe the BSD style licenses are more idealistic than copyleft licenses, but less effective.
      Actually, it still think it's the other way around because in YOUR ideal world the BSD license would be enough and there would be no need for all the bits in the GPL that are there to somehow ensure everlasting freedom for the code. This makes YOU idealistic, which is good, but the BSD license itself seems to me to be far from idealistic, it seems more for people who don't want to be bothered to ever think about the consequences of their choice of license. In that light it is still the GPL that is the license for the idealists because at least a percentage of them have the hope that somehow it will make a difference, exactly because it forces people to think. Every time a company has to consider if they can use a particular piece of GPL code they need to do a bit of introspection and who knows what can happen after years of that...
    8. Re:In other news... by gowen · · Score: 2, Informative

      This just in: "Idealism less effective than pragmatism. Film at 11."

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    9. Re:In other news... by QuantumG · · Score: 1

      ahh, but the key point is that people are always referring the FSF as the idealistic ones.

      --
      How we know is more important than what we know.
  21. 42 by Anonymous Coward · · Score: 0

    42, obviously.

  22. Re:Free software my ass by Holi · · Score: 1

    No, thats called Public Domain.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  23. base 16.75 by Anonymous Coward · · Score: 0

    42 is 69 written in base 16.75.

  24. OT: IANAL, but here is a question for one, re GPL by NotQuiteReal · · Score: 1
    Is the "or any later version" variety of licensing legal?

    I thought law was all about exacting language, and that seems pretty vague to me - who knows what future versions will hold?

    I also assume the definition of who can create any such "future version" is well defined as well, right?

    --
    This issue is a bit more complicated than you think.
  25. Zing! by Anonymous Coward · · Score: 0, Insightful

    Heh heh, 73% *GPL to 6% BSD*. I believe one of the main reasons for this is because when you use the BSD license you are doomed from the start. If you start a project with a BSD license then someone like Microsoft can come along and take a copy of the code, close their copy of the code, modify it slightly so it doesn't work with the original code, then make their copy the defacto standard because they have the monopoly numbers. The original project becomes obsolete and disappears into oblivion (or at least drops off the list at freshmeat). This can't happen with the GPL and it's probably why "most" programmers prefer it.

  26. In other news...ePenis. by Anonymous Coward · · Score: 0

    The only problem with freshmeat is that they're not the only software repository. Playing the "my license can beat up your license" games based upon those stats would be foolish.

    BTW don't forget this story. If we can't even keep track of that. What makes people think they can do the same with licenses?

  27. MOD PARENT UP by Anonymous Coward · · Score: 0

    Thank you! I'm sick of hearing this bullshit about BSD licenses being free and so much better than the GPL. If you want absolute freedom on both ends of the spectrum don't go half-assed with BSD, go all the way with public domain.

  28. Reason for BSD by brunes69 · · Score: 3, Informative

    The problem is legally there is no such thing as a "public domain" work created by an individual. If you created it, it is copyright automatically, period. No one can use it without your permission (AKA a license). The BSD license is basically a license that says "do whatever you want with this code, and I take no legal responsibility for it's use". That is pretty much as "public domain" as a license can be. And it's 3 simple letters so it's simple to apply :P

    "Public domain" only really applies to works with expired copyright, or works created by public institutions like the U.S. Government.

  29. Never mind... by Anonymous Coward · · Score: 0
    I thought about it a bit and the "or any later version" clause is merely offering future branchers the option of "upgrading" the license at a later date.

    never mind.

  30. Re:OT: IANAL, but here is a question for one, re G by Sam+Douglas · · Score: 2, Interesting
    From the GPLv2:

    Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. From the GPLv3:

    Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
  31. I want freedom, not money! by Anonymous Coward · · Score: 0

    > Write code you love and let it go free. If someone else makes money from it, BFD.

    I don't care if they take "my" money. They can make all the money they want off of it, even if it's under the GPL. It's my freedom and my user's freedom I'm worried about! If you want to take that away from us, write your own damn code!

  32. Reason for public domain by Anonymous Coward · · Score: 1, Insightful

    ""Public domain" only really applies to works with expired copyright, or works created by public institutions like the U.S. Government."

    Not always. Plus a copyright holder can release their works into the public domain. Further detail here.

    1. Re:Reason for public domain by brunes69 · · Score: 1

      You're talking about a "public domain dedication", which itself is a license. There is not much difference at all between the public domain dedication and the BSD license other than the wording of the legalese.

      Even from your link:

      "Some scholars of copyright law, including Lawrence Lessig, agree that it is difficult to put works in the public domain, but not impossible. The Creative Commons website, for example, has a public domain dedication form which produces an electronic receipt which is meant to act as legal backing for the dedication. Even if it is ruled that a work cannot be released into the public domain, a thorough dedication such as this one also releases all rights, so that the author retains only a free-use license. Lessig, however, argues that another licensing option, such as the Creative Commons Attribution-Only license, is a safer choice, and that click-through agreements are insufficient to put works in the public domain."

  33. Good for them by Plekto · · Score: 1

    This is noteworthy in a mall degree given the tactics and caving by half of the industry to Microsoft. Once a project is under V3, they can ignore Microsoft. The companies that sold out to their pressure are going to soon find themselves in a bad situation - abandoned and outdated.

  34. Linus is absolutely right by Anonymous Coward · · Score: 0

    I am with Linus on this one.
    If you disagree you must remember what Linus has done for the community all these years.
    No one comes even close. I just don't trust RMS.

    1. Re:Linus is absolutely right by Anonymous Coward · · Score: 0

      I am with Linus on this one.
      If you disagree you must remember what Linus has done for the community all these years. Huh? And that, like, makes him universally right about everything?

    2. Re:Linus is absolutely right by Anonymous Coward · · Score: 0

      Absolutely

  35. Re:Free software my ass by bulled · · Score: 2, Insightful

    You obviously don't write code...

  36. TiVo Clause by Enderandrew · · Score: 1

    TiVo wasn't really a loophole as the license was never intended in its original form to cover situations like that.

    Where in the GPLv2 is there any indication that companies have to give you full access to every bit of hardware you purchase, just because it features GPL software?

    The TiVo clause in GPLv3 is new precisely because the GPLv2 doesn't cover it. And for what it is worth, while I am the sort who would enjoy something like TiVo hacking, I get DVR service through my cable company for $5 a month, and I'm happy to pay it. Renting a HDTV box is $10, or getting a DVR-HDTV box is $15, and the extra five covers renting the hardware and the service.

    Companies are entitled to make money off their products. Most of the people who are upset at TiVo want the ability to reap the benefits of official TiVo hardware without paying for the service. I'd be a liar and a hypocrite if I claimed I paid for everything I've ever downloaded in my life, but as I get older, I certainly feel more of an obligation to pay for the products and services I receive. I have considerably less sympathy for people complaining they can't pirate a service, and feel the company legally is obligated to help them steal such service.

    The entire business model of a product like TiVo is selling the hardware with little room for profit, hoping to make their money on the service. And I believe they should be entitled to do just that if they choose. If you don't like that model, then don't buy TiVo. You have plenty of alternatives.

    If you really want free "TiVo", then setup a MythTV box. There you go.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:TiVo Clause by bieber · · Score: 0

      Sure TiVO is entitled to pursue whatever business model they want---with their own software. If they want to use GPL software, on the other hand, then they need to be offering users the four freedoms that it's supposed to guarantee, two of which are the rights to modify your software and to distribute your modifications. While TiVO's exact usage is technically allowed by the license, the license's preamble clearly spells out that it's not intended for that sort of thing to be allowed to happen.

    2. Re:TiVo Clause by Anonymous Coward · · Score: 0

      TiVo wasn't really a loophole as the license was never intended in its original form to cover situations like that. Uh, so what's a loophole then? Isn't it exactly that?

    3. Re:TiVo Clause by chromatic · · Score: 1

      Where in the GPLv2 is there any indication that companies have to give you full access to every bit of hardware you purchase, just because it features GPL software?

      From the preamble:

      For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have.

      TiVo has the right to install the Linux kernel on a TiVo box. As a TiVo customer, should I not also have that right?

      It's definitely not as clear as in the GPL v3, but it's possible to argue this point.

    4. Re:TiVo Clause by mrchaotica · · Score: 1

      TiVo wasn't really a loophole as the license was never intended in its original form to cover situations like that.

      Actually it was, as I'll explain.

      Where in the GPLv2 is there any indication that companies have to give you full access to every bit of hardware you purchase, just because it features GPL software?

      If you're arguing about intent -- and you are -- then you can't look just in the license itself. For that, you need to read into the history of the GNU project:

      I had already experienced being on the receiving end of a nondisclosure agreement, when someone refused to give me and the MIT AI lab the source code for the control program for our printer. (The lack of certain features in this program made use of the printer extremely frustrating.) So I could not tell myself that nondisclosure agreements were innocent. I was very angry when he refused to share with us; I could not turn around and do the same thing to everyone else.

      Now, think about that example for a minute: RMS merely wanted his hardware to work. In this case, the software was restricted by a non-disclosure agreement. But what if, instead, the printer had been restricted by DRM'd firmware? In that case, RMS would have been complaining about DRM instead!

      The only reason the GPL hasn't included prohibitions against DRM from the beginning is that it didn't exist. Hence, it's a loophole.

      --

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

  37. More like, who re-forks it. by Anonymous Coward · · Score: 0

    I'm thinking that Samba isn't as relevent as it once was. Especially with the growth of Linux and stronger hardware support.

    "No, I think they'll either put up or shut up."

    I believe Samba-TNG is still going strong, and it's under the older GPL license. Plus there are commercial alternatives. So no it's not going to be a "s**k our or...else" type of situation. But a "push us enough and we'll push back".

  38. GPL2 does not say that. by EmbeddedJanitor · · Score: 1
    http://www.gnu.org/licenses/old-licenses/gpl-2.0.t xt

    The GPL2 does not say that you can use any later version of the GPL.

    The "suggested usage" of the GPL, which is in the appedix after the end of the terms and conditions (and thus not binding on the GPL),is to say that you release the code under GPL2 or later. However that suggested usage is not part of the GPL2 itself and you may choose to use that suggested usage or any other usage.

    Anyway, Linux is technically not GPL2, but a GPL2-derived license (See the Note at the top of COPYING). The distinction is that the Linux License makes a clarification that an application program is not a derived work of the OS, but is just normal use of the OS. (RMS would like to muddy the water and claim that all code used with a GPL2 OS should be released under GPL). It also states in the most clear language possible that GPL3 does not apply.

    --
    Engineering is the art of compromise.
    1. Re:GPL2 does not say that. by Anonymous Coward · · Score: 0

      RMS would like to muddy the water and claim that all code used with a GPL2 OS should be released under GPL

      Reference please.
  39. Correction by Anonymous Coward · · Score: 0

    but ever since then, he's been somewhat of a burden to the community.

    Let me correct the spelling there for you:

    but ever since then, he's been somewhat of a burden to money-grabbing parasites who want to close off free software.

    There, that's better.

    And yes, you're right, parasites feeding off the free software community have been severely thwarted by RMS's good work on GPLv3, and now probably dislike him even more than before.

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

      I'm a GPL2 (only) author and I dislike him quite a bit for trying to divide the "free software" and "open source" camps by specifically making a GPL3 license which is incompatible with the GPL2. I didn't use the GPL2 because I support the FSF, I used the GPL2 because it did exactly what I wanted it to for me (for the software I wrote). Namely, it keeps the source to my work open so I can keep others from closing up my source and making changes to it that I can't merge into my code base. I don't do it for the users, I do it for me. Does that make me a "parasite feeding off the free software community" or am I part of the free software community that RMS and the FSF are alienating in an effort to get a rogue 1% of distributors? Am I now the enemy because I don't toe the line? Also, since I'm GPL2 only, there will be various tools that I have no choice but to fork to continue using with my software if they go GPL3. The FSF is trying to leverage their code base into forcing me to conform to their new standards for the software I wrote and that makes them as big of an obstacle as someone like SCO.

  40. Branch of Samba? by msormune · · Score: 1

    This may lead to Samba branching. I'm a not an expert on GPLv2, buy can't someone simply juust take the existing Samba CVS code and create a "new" Samba and stay with the GPLv2?

    1. Re:Branch of Samba? by jimicus · · Score: 3, Insightful

      I'm a not an expert on GPLv2, buy can't someone simply juust take the existing Samba CVS code and create a "new" Samba and stay with the GPLv2?

      Yes. And Samba has forked in the past.

      But it's a big, complex project with a few people behind it and they're pretty good at what they do. Unless you can poach one of them to work on your fork, it'll probably be a good 6 months before anyone on your fork even understands what's going on under the hood, let alone is able to substantially improve on it. Once Samba 4 is declared stable, version 3 will suddenly appear very dated because 4 adds all sorts of goodies - AIUI the plan is to basically bring Samba up to the level of "able to act natively as a DC in an ADS domain" - and a fork will likely die on the vine or exist purely in commercial projects.

    2. Re:Branch of Samba? by Plekto · · Score: 1

      But it's a big, complex project with a few people behind it and they're pretty good at what they do. Unless you can poach one of them to work on your fork, it'll probably be a good 6 months before anyone on your fork even understands what's going on under the hood, let alone is able to substantially improve on it.

      And this is exactly the business model that people need to follow. You make money because you have a bigger dev team and can innovate faster than the others. They can look at your code but changing it and upgrading it - ten people are going to move at warp speed compared to a guy in his living room. They make money because they are faster, smarter, and innovate.

      I find it amusing as well as a bit frustrating to hear people whine about how they can't make money off of open source code by sitting on their rear ends waiting for royalties to come rolling in.

      P.S. A perfect example of this is:
      http://www.slimdevices.com/
      You can make a copy the software if you wish. Go ahead. Good luck making it look better, work better, and cost less. (btw last I heard, the owner was quite wealthy - even before selling the company)

    3. Re:Branch of Samba? by jimicus · · Score: 1

      A fork wouldn't necessarily do much good anyway. IME, it's unusual for both forks to receive substantial development - generally anyone who forks a project finds that both users and developers stick with the original unless the people leading the project start doing very odd things (cf. X.org/XF86).

  41. Legal? by fearlezz · · Score: 1

    Is switching to GPLv3 legal in the first place?

    Assume I helped fixing a bug, therefore I own 1 line of code. This line is licensed under GPLv2. Samba is not allowed to just change the license without my permission...

    --
    .sig: No such file or directory
    1. Re:Legal? by RegularFry · · Score: 1

      Some projects have a copyright-assignment requirement if you submit patches - I know the FSF does on the GNU stuff, but I don't know about Samba. If they do, then they can do what they like...

      --
      Reality is the ultimate Rorschach.
  42. But you still want credit? by Anonymous Coward · · Score: 0

    Why, who will see your code, know it was your code. If you really don't care about restricting others actions, why do you restrict them from telling eveyyone it's their code? Or even just not saying?

    Beacuse you do want to restrict but money isn't what you want to restrict. Well, guess what, GPL doesn't care about the money either. You can make moeny off GPL software (Linksys, LaCie, Mandrakesoft, IBM...) and you don't have to pay money (unlike MS's EULA/Developer License). All you have to do is let people have the same freedom you had and take advantage of that in the same way. No money there. You can go make "my" money and TheoDeRaadt can go hang.

  43. But it doesn't have to work; Enter DRM hell! by Anonymous Coward · · Score: 0

    No, no, no! Quite the opposite in fact! If they provide a DRM'ed device with GLPv3 Samba installed, the GLPv3 license says that they MUST provide you all information you need to be able to replace that pre-packaged Samba with any GPLv3 Samba you, or anyone else, provide.

    That doesn't have to mean much since no one is obligated to provide you with a working solution.

    Furthermore, if they're wise and follow "b", there's nothing stopping you, the end user, from installing anything where Samba formerly was, what renders any DRM over the remaining pieces of software pretty much useless.

    Not when access to the DRM data has been blocked in the kernel. Not much that an older Samba version can do about that.

    1. Re:But it doesn't have to work; Enter DRM hell! by alexgieg · · Score: 1

      That doesn't have to mean much since no one is obligated to provide you with a working solution.
      Yes, they are, otherwise they're violating the license:

      6. (. . .) "Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

      If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. (. . .)

      Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.


      This is akin to the requirement for the published source code to be in the most usable version, not some obfuscated one. If you provide GLPv3 code, you must provide all details for it to be changed by the user. Providing partial, incomplete, or non-functional information isn't allowed.

      Not when access to the DRM data has been blocked in the kernel. Not much that an older Samba version can do about that.
      If this is a way to forbid the user to change or replace the GPLv3 software with anything else he desires, yes, it's forbidden. I quote again:

      The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
  44. Re:Legal - "any later version" by DaveCar · · Score: 2, Informative


    Also, just looking at 3.0.25 here they have the "any later version" option. so even if you retained copyright to your patch you submitted it under the "any later version" clause so they are presumably free to invoke that (as would anyone else who wanted to fork the project).

  45. More like, who has the source code. by Anonymous Coward · · Score: 0

    "Either these vendors will give up the lock-in and play nice, or their products will increasingly become dated and substandard."

    So what are the benefits of open source again? Apparently for your argument to work, having the source code has to be meaningless.

  46. Corporate GPL contributions disappearing in 3-2-1 by lushmore · · Score: 3, Interesting

    Here's how at GPLv3 is playing at my Fortune 50 company, who makes contributions to lots of OSS projects.

    1. We make tivoized device.
    2. OSS project which we use for the device switches to GPLv3.
    3. We start looking at other alternatives, decide project is no longer useful to us.
    4. We stop contributing to the project.

    I anticipate there will be a lot of corporate contributors quietly exiting their Samba involvement in the near future. A few of these exits will see some pub when a major developer switches employers as a result, but most corporate OSS contributions will disappear with a whimper. GPLv3 will return OSS to the original egalitarian ideals, but it's probably going to reverse all the corporate uptake that has happened in the last few years. If you're about to say that this only applies to tivoized devices, you should take a look at the market and see that the majority of corporate uptake of OSS has been in internet-connected appliances.

  47. That's Wrong... by WiseWeasel · · Score: 1

    Webkit is distributed under the LGPL license. They made the whole project LGPL; I don't think anyone can complain about that...

    --
    "I like systems, their application excepted", George Sand (French)
  48. Ability to dictate terms disappearing in 3-2-1 by Anonymous Coward · · Score: 0

    You raise an important point that I think the "my way or the highway" GPLers forget. A lot of the Samba workforce is commercial company employees. Now some could do their work in their off hours but it would be hard to overwhelm an alternative with a reduced force.

    "We start looking at other alternatives, decide project is no longer useful to us."

    I should point out that there's a fork of Samba called Samba-TNG. It's a bit behind but not so much that an infusion of defectors couldn't resolve.

  49. Re:Free software my ass by the+not-troll · · Score: 3, Insightful

    Write code you love and let it go free. If someone else makes money from it, BFD. "RMS" can go shove it.


    How eloquently you trash the GPL when you obviously never read it. "RMS" and we who understand what he wants have absolutely no problems with people making money of software. What we have a problem with is getting software and then being at the mercy of its creator: If we get software, we want to be able to improve it, should the need arise; otherwise, if the company who distributed the non-free software goes under or just doesn't want to deal with us, we won't get the bugs fixed or new features introduced.

    Of course, a company who offers no value when redistributing GPL'd software won't make money: They have to migrate from a sense of entitlement ("intellectual property") to facing the fact that they have to offer some additional value instead of intangible, nearly cost-free reproducible data streams. If they manage that and make money of it, all the better. If they don't, good riddance. But that's their problem, it shouldn't be ours.

    Indeed, both as a private person and in any position in a commercial or governmental entity, I'd choose GPL3'd software (or, at the very least, demand contractually that the code is handed over to me so I can fix it and the devices won't stop me from doing that - which pretty much amounts to the same), because I don't want to be dependent on some (other) company when there's no need to be.

    Or would you like it if Gates (or Jobs or whoever) decides to take over the world and you can't stop him because he revoked the key for the DRM of the devices of your police, military and any other agency which could stop him? Or how about having a bug in medical software but being unable to fix it because of not having the code and, even if you had the code, updating the software being impossible because of the DRM, thus the hospital equipment randomly killing people by switching off life support or overdosing the IV?

    Also, you can still release your own code under any license you like, unless you used GPL'd code in the first case. And you also should think of how much more hassle it is with non-free software where one needs first to ask and pay billions for some "intellectual property" before one can get a bug fixed.
    --
    In Soviet Russia, government controls corporations.
    In Capitalist America, corporations control government.
  50. Ohhh dear by Pecisk · · Score: 1

    [irony]
    Everyone hides, Samba adopts GPLv3! Fear it, it will take your birthright to screw with distribution of free software away!
    [/irony]
    Why such panic? GPLv3 was clearly vetted and tested trough several feedback sessions, which included I think majority of corporations who seriously deals with GPL software in their appliances, software solutions, etc. And their opinion where taken into account. Even Novell in the end can still distribute GPLv3, if they got everything right.

    Have Slashdot really became party place for stupid people and Microsoft AstroTurfs? Or it is just new wave of angry Microsoft friendly admins who will stand in first line "against RMS and FSF lead software communism"?

    (Pecisk ducks, waiting for Flamebat moderation. Hell with it, sometimes steam just comes out naturally)

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  51. Re:Corporate GPL contributions disappearing in 3-2 by Frenchy_2001 · · Score: 2, Informative

    If you're about to say that this only applies to tivoized devices, you should take a look at the market and see that the majority of corporate uptake of OSS has been in internet-connected appliances.
    Internet connected does not mean "tivoized".
    For example, Linksys used the Linux kernel on its routers, got forced to publish the source and now you have 3rd party firmware for those devices. So, they did participate and they did use Linux. This deal would still be valid under GPLv3. The only thing you are not allowed to do is FORBID anyone else to put modified code on your device by signing the code.
    You can be networked all you want and allow 3rd party code. Those are different issues.

  52. If you're doing #1 then byeee by Anonymous Coward · · Score: 0

    Why must you do #1? If your business requires that you be the only one that can install GPL code on your device, when you sell it to me (and it becomes MY device), don't make it so *I* can't install GPL code on my device.

    If you want to deny me support then that's OK (Dell did this: if you installed an OS other than the one that came with the machine, they wouldn't support it: you'd have to get the recovery disks and reinstall before they would deign to look at it).

  53. There is no TPM chip in current Intel Macs. by argent · · Score: 1

    BootCamp, for example, is part of Apple's move to Trusted Computing... since they require a signed and official bootloader to go with a signed and official kernel, and the TPM hardware they put in their Intel Apple Macs.

    The thing is, Apple isn't putting the TPM chip in the Mac Pro or any later Macs. And Apple has shown no signs of pushing "trusted computing" in any other way. And the business of having to have a signed bootloader sounds more like a Microsoft requirement than an Apple one. Do you mean a signed CSM? You don't need Apple's CSM to boot Windows, and it's Microsoft's bootloader that takes over after that.

    Could you finish your thought, here?

    1. Re:There is no TPM chip in current Intel Macs. by Anonymous Coward · · Score: 0

      The thing is, Apple isn't putting the TPM chip in the Mac Pro or any later Macs

      This isn't true. The only source for this is a throwaway line in a book about OSX saying that Apple isn't putting a TPM on the motherboard of those systems. The reason it isn't true is that Apple will be shipping Intel processor with TPMs built in.

      Sorry to disappoint Apple fans, but Jobs is a mega fan of trusted computing -- it's be the foundation of Apple's High-def video (bluray, HDDVD) subsystem in OSX.

    2. Re:There is no TPM chip in current Intel Macs. by argent · · Score: 1

      The only source for this is a throwaway line in a book about OSX saying that Apple isn't putting a TPM on the motherboard of those systems. The reason it isn't true is that Apple will be shipping Intel processor with TPMs built in.

      The systems in question shipped last year. What is this "will be" business?

  54. Re:Corporate GPL contributions disappearing in 3-2 by hacker · · Score: 1

    For example, Linksys used the Linux kernel on its routers, got forced to publish the source and now you have 3rd party firmware for those devices.

    You spelled agreed to publish wrong.

    When someone uses GPL code, they agree to the license that binds that code. If they ignore that license, there is no "forcing" them to publish anything. They agreed to the license, then violated it of their own free will. Bringing them back into compliance is simply making sure they stay within the laws they agreed to uphold when they began using the code.

    There's an alternative solution if you don't agree to the terms of the license: Don't use the code, and do it some other way.

  55. Re:Free software my ass by ozphx · · Score: 1

    > Scarey scarey scare.

    Or how about creating obstacles in being able to deal with anyone in the vast majority of people that realise that content has value?

    Yes, content has value. Thats why people get paid to make it. Thats why people come up with DRM schemes.

    I'm sure you can come up with some idealistic hippie commune ideals where everyone is free and happy, but here in the real world we pay our artists. The people that pay these artists are aware of concepts such as ROI.

    In the real world we understand that if we want to sell you a loss leading game console and license it so you only play our games, we are forced to DRM it up the wazoo, otherwise our stock will plummet as the stock of CD-R companies rise. We want to make it inconvenient as hell to hack our ineffective DRM because we can't trust you, the user, to play by the rules.

    This society believes in ownership of information.

    Don't like it? Start your own. Or if you like, get the numbers to elect someone to make a difference, because until you can you are just like the hippies of the 60s, blindly following the ideals of a long haired scruffy man in sandals. Oh fucking *BAM* triple-ad-homonim combo there.

    So before you hit the reply button to point out some niggling flaw in my logic, or to use some flavour of the month "omg strawman" arguments, please consider that the majority slashdot opinion is quite divorced from the majority of societies opinions.

    --
    3laws: No freebies, no backsies, GTFO.
  56. Remember /. posters are not YOUR lawyer by ZWithaPGGB · · Score: 1

    Even if they are actual lawyers.

    All the posts on this can't be relied on as legal advice for your product/company/situation. GPLv3 has serious consequences for anyone who plans on making a living on pure technology/research/licensing, as opposed to subscriptions & services/ads/slinging boxes. YMMV, but I won't be using any of it in my projects. If that means I have to pay for an MS OS license for CIFS services, well that beats not being able to get any VC money because I don't have any Intellectual Property their lawyers deem protected, or the loss of revenue because BigCo X doesn't have to pay me a royalty (or better yet buy me) because Stallman et al undermined my ownership rights to my research and development.

    As with all Socialist Utopian projects, the people who ultimately benefit most are the elites in power, not the commoner duped into supporting the revolution.

  57. Re:Free software my ass by the+not-troll · · Score: 1

    Wow, you're such a nice person. How can you stay that nice knowing that the majority of slasdot disagrees with you because it holds change necessary or impossible? I am so unworthy of answering you, because I'm using strawmen and stuff, while you are so incredibly unbiased and objective, but still, here I go:

    1. "Value" is not something an object or concept has but what is attributed to it by determining how much people are willing to pay for it. However, with the advent of the Internet, information can be reproduced near cost-free and arbitrarily often, such that it becomes a commodity and thus its value approaches its marginal cost.

    2. This is, however, not wanted by those "producing" the "goods" because this means that they don't make as much profit. Therefore, they need to create scarcity such that they can charge higher prices. For information, the tool of choice is, of course, DRM.

    3. Going off of an tangent: If one is at that point where one needs to create artificial scarcity not only at one point but everywhere (agricultural subventions in the western world, for example), it is obvious that "Hippie Culture" wouldn't work because the means don't exist but because the people don't want it.

    4. DRM doesn't not only mean a problem for the consumer but also for every company: If Microsoft can arbitrarily revoke their licenses, every company is de facto under control of Microsoft. If I lead a company, I would not want that. I want to trade on my terms, not having them forced upon me by the other party.

    5. ... You know, screw that. You don't give a shit about what I'm saying, anyway. You're not interested in learning anything, you just want to wallow in your self pity because slashdot doesn't agree with you in every point, lumping everyone into one (can you say straw man?)...

    --
    In Soviet Russia, government controls corporations.
    In Capitalist America, corporations control government.
  58. Re:Corporate GPL contributions disappearing in 3-2 by Anonymous Coward · · Score: 0

    So Linksys _did_ use Linux, but will they do it again, considering the license change?
    The question that the GP attempts to answer is, will good (=cooperating) companies keep cooperating with the license change.
    In this context, Linksys is a pretty poor example, since they failed to grasp the GPLv2 meaning, and when they realized it, had to comply and released their code. Linksys did not actively cooperate. So, are they still using GPLv2 in their products, and providing patches to the community? If so, then we should watch how they will react with GPLv3. Anyway, your example does not counter the GP point (which imho remains to be verified).