Jeremy Allison Talks Samba and GPLv3
dmarti writes "The software that enables Linux to act as a Windows file and print server is adopting the Free Software Foundation's new license. What will be the impact on users, distributors, and appliance vendors? Samba maintainer Jeremy Allison answers, in a podcast interview."
The original post linked to a FAQ, this one links to a podcast interview of Jeremy Allison. The first one shouldn't have made it through, this one is better, welcome to the world of the firehouse - a story that only links to a FAQ is not a story.
Under the influence of Post-Cyberpunk Gonzo Journalism
Anybody have a transcript? I can't be the only one who hates having to listen to something for ten minutes instead of reading it in one or two minutes. Is there anything that actually makes audio necessary? No? Then have it as an optional extra for the people on the go, don't have it as your default format when you know it's going to be decidedly suboptimal for the majority of your visitors!
As far as Tivo goes, lets get something streight, leaching isn't a bad term with free software. It has always been ok to leach the programs, distributing without providing the source has been the bad thing. These are two entirely different things. But Tivo did give the source back, The problem is that they product an appliance not a general purpose computer. People want to use an appliance computer as a general purpose computer and the use outside of distribution has always been specifically stated in the GPL to be outside the scope of the GPL. The job of a software license isn't to ensure compliance of the hardware someone wants to run it on. There are certain applications like software radios that the GPLv3 are completely incompatible with now because the FCC requires, or did there has been some changes lately, but they require the radio to be locked down from changes by consumers. And the GPLv3 says this isn't acceptable now. And there is other things too. But more to the point, Hardware manufacturers can actually lose their IP now so vendor provided drivers might be harder to come by and that I think is too great of a cost to pay because a few people want to use an appliance computer as a general purpose computer. If you honestly believe this, I think you didn't understand the GPL in the first place. The intent has always be so that the code remains free and that you can change it if necessary. Not to control hardware and make sure you can run your own stuff on the hardware which is something that has always been explicitly held outside the scope of the license.
And now there is this MS Novell Patent clause that will backfire and cause a lot of problems too. If you think Microsoft is disrespecting the GPLv3 now, wait until they craft their license to place everyone into a little Novell situation and then sell their product sans the clause for 10 times the cost in order to kick the you can no longer convey a GPLv3 covered work again for anyone who uses an Microsoft products. When no major distributer is able to convey a GPLv3 covered work because of wording in the GPLv3 itself, I guess people will take notice. But this license is reckless and selfish.
Imagine I own a vineyard. Also, imagine I wrote up a contract between me and my neighbor to exchange a bushel of grapes for $5. Now, imagine after signing the contract, my neighbor decides he'd really like white grapes. It happens that I don't grow white grapes on my land, so I'd have to buy them at a cost of $6 (where my own grapes have an effective cost of $4). Since the contract is so vaguely worded, one could say* that my neighbor has every right to demand the white grapes, even though the spirit of the contract was to exchange my grapes for his $5. Or, in short, sometimes the legalize that is used to cover an issue isn't accurately enough written to deal with issues that might arise.
Beyond this, one has to remember that 15 years ago, the DMCA didn't exist. Copyright law has changed in many other countries as well. A major part of the GPLv3 was to attempt to better harmonize the language to be more consistent with international copyright law. So, there's at least a few reasons to try to better describe in legal terms the intent of the GPL in a new license.
*IANAL, so I don't know how well this argument would actually stand in court. After all, intent is often used when the language of a contract is vague. The major problem with the GPL's vagueness is that the GPL's intent was to cover usage (specifically, there's an innate assumption that one can use the software (look into First-sale Doctrine)) while copyright doesn't provide a direct means for that. As such, the GPLv3 is left to attack the common means used to limit the use of GPL'd software.
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