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Linux Creator Calls GPLv3 Authors 'Hypocrites'

AlexGr writes "We've heard conflicting tales regarding Linus Torvalds' acceptance of GPLv3. InformationWeek reports on comments by Mr. Torvalds that would seem to decide the issue: 'Torvalds said the authors of a new software license expected to be used by thousands of open source programmers are a bunch of hypocrites ... For Torvalds' part, it appears unlikely he'll ever adopt GPLv3 for the Linux kernel. He accused the Free Software Foundation leadership, which includes eccentric, MIT-trained computing whiz Richard Stallman, of injecting their personal morality into the laws governing open source software with the release of GPLv3. "Only religious fanatics and totalitarian states equate morality with legality," Torvalds wrote.'"

741 of 920 comments (clear)

  1. Fork? by dn15 · · Score: 4, Interesting

    If Linus doesn't like where the GPL is going, he could make his own fork...

    Really, I say this mostly for the purpose of humor, but it's true. If there's enough objection to GPLv3 maybe someone will introduce an alternate version based on GPLv2 that allows it to be updated in the future but without the conditions present in v3.

    1. Re:Fork? by QuantumG · · Score: 1, Insightful

      hehehe.. no, he can't. The GPL is not free for non-verbatim redistribution. If he wants to make a NEW copyleft license, from scratch, he can do that, but he can't fork the GPL.

      Linus has the problem in that he got involved with Free Software without actually "drinking the kool-aid" and now he doesn't like everyone expecting him to go along with the faith.

      --
      How we know is more important than what we know.
    2. Re:Fork? by nine-times · · Score: 2, Informative

      The GPL is not free for non-verbatim redistribution.

      I don't see why not. You can't take something released under the GPL and pick-and-choose which parts you want to redistribute under, but if you're the original copyright holder, I don't see why you wouldn't be permitted to use an altered form of the GPL for distributing your old code. When you're the original copyright holder, you can license your IP however you please. Or am I wrong?

    3. Re:Fork? by Joebert · · Score: 1

      Linus has the problem in that he got involved with Free Software without actually "drinking the kool-aid" and now he doesn't like everyone expecting him to go along with the faith.

      Oh, well in that case all he needs to do is wait it out.
      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    4. Re:Fork? by dn15 · · Score: 4, Informative
      I was intrigued by what you said about not being able to make a new GPL-based license so I looked it up on the FSF website:

      Can I modify the GPL and make a modified license?

      You can use the GPL terms (possibly modified) in another license provided that you call your license by another name and do not include the GPL preamble, and provided you modify the instructions-for-use at the end enough to make it clearly different in wording and not mention GNU (though the actual procedure you describe may be similar).

      If you want to use our preamble in a modified license, please write to <licensing@gnu.org> for permission. For this purpose we would want to check the actual license requirements to see if we approve of them.

      Although we will not raise legal objections to your making a modified license in this way, we hope you will think twice and not do it. Such a modified license is almost certainly incompatible with the GNU GPL, and that incompatibility blocks useful combinations of modules. The mere proliferation of different free software licenses is a burden in and of itself.
    5. Re:Fork? by exley · · Score: 1

      But what is GPLv2 licensed under? That'll end up being the issue there.

    6. Re:Fork? by Breakfast+Pants · · Score: 1

      He could simply make a license that says 'All the terms of the GPLv2 apply, with these modifications'. Or he could even attach a diff. Just like you can make non-free patches to free software, so long as you don't distribute them compiled in with the real software.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    7. Re:Fork? by Surt · · Score: 1

      What you're missing is the copyright on the GPL itself.
      You can't just willy nilly make your own derivative GPL.
      You could make up a whole new license, though, with similar principles.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    8. Re:Fork? by Zonk+(troll) · · Score: 4, Informative
      Well, these guys did it, and the GPLv3 even mentions it:

      13. Use with the GNU Affero General Public License.

      Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    9. Re:Fork? by OriginalArlen · · Score: 5, Interesting
      Exactly. Some people say the GPL is evil and viral. This is because they either do not understand it properly, or because they disagree with it. If you are in avour of free software, you can go the GPL route or the BSD route. You writes your code and takes your choice... the GPL is one of the most elegant hacks ever, and having been involved in some legal shenangans on the topic, I can honestly say I've never known anything else that can ruin a lawyer's day quite so effectively. It's a fucking work of art.

      Pardon my language, it's late and I had a long week... (bloody Belgians!!... don't ask.)

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    10. Re:Fork? by R3d+M3rcury · · Score: 1

      ...but, but, but... Then it wouldn't be "GNU/Linux"!

    11. Re:Fork? by QuantumG · · Score: 2, Funny

      Belgians are also evil. They raised Dr Evil. I bet he owns a proprietary software company or two.

      --
      How we know is more important than what we know.
    12. Re:Fork? by nine-times · · Score: 2, Informative

      You can't just willy nilly make your own derivative GPL.

      And what if the FSF gave you permission?

    13. Re:Fork? by Timothy+Brownawell · · Score: 4, Insightful

      Some people say the GPL is evil and viral. This is because they either do not understand it properly, or because they disagree with it.

      GPLv3 affects any hardware that the software is distributed with. I'm pretty sure that this makes it viral *by definition*. I also consider this to make it evil, but that's a separate issue.

    14. Re:Fork? by gujo-odori · · Score: 5, Insightful

      "I also consider this to make it evil, but that's a separate issue"

      That's the distinction that often gets missed in the "evil/viral" argument, I wish I had mod points to give you.

      Sure, the GPL is viral. I don't think anyone really denies that. Some think that's evil, some not. I'm in the "not" camp.

      The reason I'm in the "not" camp is because the viral nature of the GPL is not primarily intended to cause someone's non-GPL software to unintentionally fall under the GPL; rather, it is a defensive mechanism aimed at the misappropriation of GPLed software. To wit, you can't use GPLed software in non-free software, and to make sure you don't, the license requires you to release any software you combine with GPLed software under the GPL or a GPL-compatible license. In practice, people who don't want to do that have generally been given the option of ripping out all the GPLed software from their product(s) and duplicating the functionality on their own.

      I have no problem with this. The GPL isn't trying to hide anything or get Free software in through the back door. It tells you up front what your rights and obligations are, and like other FOSS licenses, is orders of magnitude more clear about that than proprietary licenses. The GPL requires that if you get, you have to give back, and you can do anything you want with GPLed software except make it non-free. I have no problem with that. It's clear and up-front, and if anyone doesn't like it, the answer is simple: use something else, write it yourself, or pay someone to write it yourself. Those are the same three options you have with a proprietary license you don't like. Well, with the additional stricture that if you write it yourself or have someone do it, the proprietary vendor might look for some software patent violation they could use as grounds to sue you.

      Software licenses are not "evil" or "good" - they just are. They reflect the beliefs and values of those who right them. The FSF believes you can do anything you want with software except make it non-free. BSD and similar believe you can even make it non-free. Proprietary licenses believe you can only do what they specifically authorize you to do, and what they authorize really isn't a whole lot. If I were going to sling terms like "evil" around, I daresay the target wouldn't be any open-source license.

    15. Re:Fork? by SpaceLifeForm · · Score: 1

      What? The Linux kernel is GPLv2 now. Linus
      does not have to do *anything*. It can stay GPLv2
      and that is *NOT* a problem.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    16. Re:Fork? by Ma�djeurtam · · Score: 1

      Does being myself a Belgian citizen allow me to ask anyway?

      <joke>Except if you meant bloody dutch-speaking Belgians, which is pretty self-explanatory :-D</joke>

      --
      Instant Karma's gonna get you, Gonna knock you right on the head (John Lennon, 1970)
    17. Re:Fork? by jlarocco · · Score: 1

      I believe you're correct in that the original copyright holder can relicense their software.

      But, Linus isn't the sole copyright holder on the Linux kernel. Other people have added files and made significant changes, and they own the copyright on their contributions. In order to change the license on the whole kernel, Linus would have to get permission from everyone who has copyrighted code to the kernel. It'd be relatively easy for 95% of the code, but a lot of people have made one off contributions and moved on, and others have died, and in general it'd be a real pain.

    18. Re:Fork? by WED+Fan · · Score: 1, Interesting

      What you're missing is the copyright on the GPL itself.

      Oh, the ever loving irony of this crowd.

      Tell you what, I'm release an app soon, it free, its open source. But, it is truly free, not just "lip service" free. The user will be able to use it on a closed system if they choose, they are free to incorporate into an open or closed system. They can develop it further into an open or closed system.

      Of, crap, I forgot, the one they the license says is they cannot turn it into a GPL3 product.

      God, is Copyright evil or not?

      Is the license open or not?

      Is the user free or not to do with the software what they want?

      Or, is it just lip service?

      --
      Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
    19. Re:Fork? by Surt · · Score: 5, Insightful

      I believe the (not inconsistent) position is that copyright is bad for society. So the GPL exploits the flaws of copyright in order to make the flaws in copyright extremely painful (or impossible) for others to exploit. In the event that copyright is abolished, then the GPL becomes both unenforceable and unnecessary at the same time.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    20. Re:Fork? by Surt · · Score: 2, Insightful

      Then you're not doing it willy nilly, you're doing it within their licensing regime, and complying with their terms.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    21. Re:Fork? by QuantumG · · Score: 2, Informative

      Go read about the history of the AGPL. They asked RMS for permission.

      --
      How we know is more important than what we know.
    22. Re:Fork? by epee1221 · · Score: 2, Informative

      I would think it would be as much GNU/Linux as it was before. Linux is not part of the GNU project -- HURD is the GNU kernel. GNU/Linux is just combining the Linux kernel with a GNU userland.
      (warning: my sarcasm meter is currently broken)

      --
      "The use-mention distinction" is not "enforced here."
    23. Re:Fork? by samkass · · Score: 1

      Right... the product should be named GNU/MIT/X/IBM/Linux, because of COURSE you should add the creators of all your userland software to the beginning of your OS's product name. Give me a break. It's called "Linux", because that's what it's creator, Linus Torvalds, called it. "GNU/Linux" is a figment of RMS's imagination. He suggested it be called that, and Linus rejected his suggestion-- end of story.

      --
      E pluribus unum
    24. Re:Fork? by TempeTerra · · Score: 1

      I don't think that would be a fork though; I'd say it was a distinct but similar license (AGPL) which is explicitly mentioned in the GPL.

      If the GPL was forked, say at version 4, I would expect there to be a GPL 4a and GPL 4b where both were considered successors of GPL 3. It would be very bad if anyone could make a legitimate fork of the GPL, because their new license would be a valid target for the "...or later versions..." clause which some GPL licenses include. I'm unhappy with that clause anyway, because even if only the FSF can issue new GPL versions, it still relies on the FSF not being evil or subverted by another group in the future.

      On a side note, it occurs to me that GPL code can't be used in LGPL projects. I never hear this mentioned, is it ever raised as a concern? It seems like it would be a good example of the GPL not being as free as people often assume it to be.

      --
      .evom ton seod gis eht
    25. Re:Fork? by SpacePunk · · Score: 1

      Not only did he not drink the cool aid, I'm sure he takes a shower every once in awhile.

    26. Re:Fork? by bigjocker · · Score: 2, Insightful

      It's not as simple as that.

      The Linux kernel is absolutely useless without the GNU userland (GCC, glibc, bash, ls, man, mc, etc, etc). I'm ok with people calling it whatever they like, be it Linux, GNU/Linux, BarbieOS or whatever, but I call it GNU/Linux (it's my choice) so I don't feel like a hypocrite bashing the GNU project while using all of it's tools on a day to day basis.

      The argument that it should be called MIT/X11/Apache/GNU/etc/Linux then is pointless and very childish ... the kernel itself is nothing without the GNU userland (and compiler, BTW). If you hate the GNU project that much, then you are more than welcome to port the BSD userland and create your own distribution.

      --
      Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    27. Re:Fork? by bluephone · · Score: 3, Informative

      What you're missing is the copyright on the GPL itself.
      You can't just willy nilly make your own derivative GPL.
      You could make up a whole new license, though, with similar principles. Close. From http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL

      Can I modify the GPL and make a modified license?
      You can use the GPL terms (possibly modified) in another license provided that you call your license by another name and do not include the GPL preamble, and provided you modify the instructions-for-use at the end enough to make it clearly different in wording and not mention GNU (though the actual procedure you describe may be similar).

      If you want to use our preamble in a modified license, please write to for permission. For this purpose we would want to check the actual license requirements to see if we approve of them.

      Although we will not raise legal objections to your making a modified license in this way, we hope you will think twice and not do it. Such a modified license is almost certainly incompatible with the GNU GPL, and that incompatibility blocks useful combinations of modules. The mere proliferation of different free software licenses is a burden in and of itself.
      You CAN, just strip the required bits, add yours, and call it something new.
      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    28. Re:Fork? by Nazlfrag · · Score: 3, Interesting

      Yeah, and I call mine MS/Linux because my copy would be useless without the fat32 drivers. Sure, MS didn't make the drivers, but they do own their name. Sorta like how the FSF didn't make the tools, but they own the label. Well, ok, that was highly contrived, but in essence I find something wrong with 'free, open' meaning 'you are a hypocrite if you don't put our label before yours'.

    29. Re:Fork? by Khaed · · Score: 1

      Most parts, yes. But what about the parts dealing with providing source code?

    30. Re:Fork? by DaveAtFraud · · Score: 4, Interesting

      There are some folks who take that position but they are generally *NOT* GPL proponents. Copyright is what gives the GPL teeth. GPLed code is freely available but it can only be modified and redistributed under the terms of the GPL. Why? Because it's copyrighted. Only agreeing to the terms of the GPL gives someone the right to modify and redistribute the code. Remove copyrights and anyone (Microsoft, SCO, TiVo, etc.) can do whatever they like with Linux.

      That's where the whole TiVo thing comes in. Can someone create hardware that restricts the modifications an end user can make to GPLed code? The TiVo source code is freely available as per the GPL. A TiVo user can download it, modify it and re-distribute it but there's one small glitch: the modified code won't run on a TiVo machine. The machine enforces some sort of checksum to make sure that only unmodofoed code can run.

      Abolish copyrights and my guess is all the big software publishers will just adopt a TiVo-like solution that ensures only legitimate copies of their product will run. That is, you can only buy a Microsoft computer that will only run Microsoft products (kind of the way game consoles work now). Worse, the same companies can cherry pick any open source code they want since there is no copyright protection. Finally, chances are that most open source developers won't like suporting the Microsofts of the world and will go do something else. Sounds like a *REALLY BAD IDEA* to me.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    31. Re:Fork? by udippel · · Score: 4, Insightful

      I believe you're correct in that the original copyright holder can relicense their software.

      For the umpteeth time: of course can any author relicense her software at any moment. But that does not at all affect the earlier licence !
      There is no way of retro-actively changing the licence for those who received the software under the 'old' terms. They may use the software for infinity. Only modifications and patches added after the moment of relicencing fall under the new licence. XFree to Xorg is a good example here: XFree changed their licence; fine. Xorg took the software as it was a split second before the change of licence and fully legally so. The former licence remains valid for that software before the change.

      The trouble for any fork: The licenses could be non-compatible, and then you compete with yourself, so to say. Who is installing XFree these days ? See. With quite a few of the applications moving to GPLv3, who is going to use a GPLv2-licensed kernel once a GPLv3 licensed kernel becomes available (whispers: SUN-SUN-SUN), which permits the use of the latest versions of those GPLv3-ed applications ?

    32. Re:Fork? by patiodragon · · Score: 1

      "I was intrigued by what you said about not being able to make a new GPL-based license so I looked it up on the FSF website:"

      I mean I just can't believe how many people are seriously questioning their own ability to take a piece of paper and write a contractual agreement with another party. What in the world is the issue here? You can write a set of agreements between two people and have it say whatever you want. If someone has copyrighted (trademarked?) a certain phrase, you might not be able to use it in public, but how controlled, numbed (stoned?) are you people to wonder, "oh, could WE do that, too?"

      Obviously, everyone does not live under US laws, but this discussion is only applicable to people in countries that agree to international copyright rules.

    33. Re:Fork? by QuantumFTL · · Score: 1

      To wit, you can't use GPLed software in non-free software, and to make sure you don't, the license requires you to release any software you combine with GPLed software under the GPL or a GPL-compatible license.


      I know it's splitting hairs, but as I understand it, you're perfectly OK to combine GPL and non-GPL software any way you like (at least, the GPL does not prohibit this) - however you are not allowed to then distribute it.

      In a world where server-side applications are becoming more and more important, this means you can take GPL software, make your own proprietary, undistributed version, and allow people to use it through your web interface, without them ever seeing (or being able to modify) the source code. I don't have a problem with this, but I wouldn't be surprised if RMS were annoyed...
    34. Re:Fork? by SillyNickName · · Score: 1

      One thing I've never understood about Linus: If he doesn't like the GPL then why does he use it? I mean, does he just it just to give himself something to complain about? Seriously, can someone explain this to me?

    35. Re:Fork? by jack455 · · Score: 1

      The Linux kernel is absolutely useless without the GNU userland (GCC, glibc, bash, ls, man, mc, etc, etc) You mean that I shouldn't just arbitrarily remove that software etc, etc from my computer, because then my computer would be useless? Thanks for the heads up. If I ever remove bash I'll make sure to replace it with a different shell. (I actually love bash and wouldn't really do this.)

      I would like to make the point that if Linus can't reconcile himself with GPLv3, he has options. Sure, eventually gcc, glibc or bash or whatever, as they are now under v2, would be useless for future kernels. However, I'm aware of alternate versions of the compiler and shell, and wouldn't really know if glibc or the others you did or did not mention would be replaceable. Software can be rewritten and/or forked though.

      If Linus refuses v3 and wants to ensure businesses can use .../Linux then I imagine the applications I run on a daily basis might be as much of an obstacle as anything else. So while I still appreciate the FSF, I think the Gnu/Linux thing is a little too much. If it was gnu userland on top of the windows kernel, would forcing gnu/windows on people who would rather just call it windows be as important?
    36. Re:Fork? by Ohreally_factor · · Score: 1

      If Sun frees up Solaris using the Java timeline, I have a feeling you're going to be using GNU/ Hurd way before then. Sun is going to pussyfoot around for years.

      And I haven't seen this mass exodus towards GPL v.3. I think people are taking the time to really understand what the GPL v.3 says, rather than what the FSF says it says. At that point, they might move to it or they might not. Of course, there's going to be some that will let themselves be stampeded by all the enthusiasm (read: marketing) without taking a good look at the tortured anti-"tivoization" section.

      It's pretty clear that the GPL v2 is just fine for many projects and people, and there are plenty of software developers that have no problem letting companies develop and design hardware as they see fit, so long as they return the source code with changes.

      --
      It's not offtopic, dumbass. It's orthogonal.
    37. Re:Fork? by Ohreally_factor · · Score: 1

      Do what you feel is best for you, but I notice that embedded developers don't call it BusyBox/ Linux (or whatever userland they're using).

      --
      It's not offtopic, dumbass. It's orthogonal.
    38. Re:Fork? by Not+The+Real+Me · · Score: 1

      "...the kernel itself is nothing without the GNU userland (and compiler, BTW)..."

      So, using your logic, anyone who develops programs using Microsoft's Visual Studio should designate their app as a MSVS/You-App-Name.

      FYI: Intel also makes several compiler's for Linux. Intel's C/C++ compiler generates smaller and faster executing code than GNU/GCC. MySQL offers a Linux binary version of their database created using Intel's C/C++ compiler.

    39. Re:Fork? by Ohreally_factor · · Score: 1

      Because only the letters G, P, and L have that great taste of freedom combined with the mellow flavor of RMS gravy. It says so right on the box.

      --
      It's not offtopic, dumbass. It's orthogonal.
    40. Re:Fork? by Ohreally_factor · · Score: 1

      If you read the pertinent parts of the LKML (look for the threads on dual licensing of GPL 2 and GPL 3), you'll notice that Linus seems more than content with GPL 2. I don't see him feeling the need to rewrite it, nor do I see him wanting to round up all the permission necessary to change it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    41. Re:Fork? by Mr.+Slippery · · Score: 1

      Sure, the GPL is viral. I don't think anyone really denies that.

      No, the GPL is not viral. If a genetic metaphor is desired, it's more like a dominant gene. A virus affects unrelated organisms; the GPL can only affect "descendants", i.e. derivative works.

      Of course it differs from a dominant gene in that all descendants will inherit it, but dominant gene is still a much closer metaphor than virus.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    42. Re:Fork? by Ohreally_factor · · Score: 1

      You're jumping the gun. That's GPL 4.

      --
      It's not offtopic, dumbass. It's orthogonal.
    43. Re:Fork? by Surt · · Score: 1

      You don't need to force people to provide source code when you're free to decompile their code, modify it as you please, and redistribute your modified version without fear of copyright.
      It's precisely the tradeoff that's wanted: more work on our side, but complete freedom to do what we want.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    44. Re:Fork? by Ohreally_factor · · Score: 1

      Linus apparently likes the GPL 2 just fine. It's certain provisions of GPL 3 that he finds impossible to accept. If you believe that Linus is against the GPL or (even worse) against "the spirit of the GPL", you're swallowing a load of bullshit.

      --
      It's not offtopic, dumbass. It's orthogonal.
    45. Re:Fork? by Surt · · Score: 1

      I'd have to say that from my point of view you're looking at things exactly backwards: you may or may not be able to run any software you want on a tivo device, but what's much more interesting is to take the tivo software and run it on some device of your own so you don't have to buy a device from tivo. It opens up your hardware purchasing. Obviously, in the no copyright world order, people will have a choice: restricted platforms that won't run any software they want, and open platforms that do.

      Microsoft can make computers that will only run certified software, but open systems will run any software you want, including microsoft's, so why buy their hardware? They can cherry pick all the open source they want, but you can also cherry pick all the code you want from them, making it much easier to create interoperability and superior software. Who will choose Microsoft when they aren't locked in anymore?

      It's really impossible to know for sure what the outcome would be, but it seems unlikely it could actually be worse than what we have now, because we already have or will soon have all the problems you've described anyway.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    46. Re:Fork? by nanosquid · · Score: 1

      GPLv3 affects any hardware that the software is distributed with. I'm pretty sure that this makes it viral *by definition*. I also consider this to make it evil, but that's a separate issue.

      Microsoft Windows or OS X also have provisions in their license about what hardware you may and may not use it on, etc. So, the GPL v3 is hardly unusual in this regard.

    47. Re:Fork? by bytesex · · Score: 1

      Under a no-copyright regime, you'd have to keep your proprietary code very, very secret. As in, your developers cannot copy it for their own purposes, hdds are kept in a vault etc.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    48. Re:Fork? by dn15 · · Score: 1

      I understand that. I wasn't suggesting he would have to change, just that he and other developers who release new software under the GPL might want an "updated" version other than GPLv3. Hence there may be demand for a new GPL-derived license that grows and changes, but not in the way GPLv3 does.

    49. Re:Fork? by PeterBrett · · Score: 1

      You're jumping the gun. That's GPL 4.

      Nope. It's the Afferro GPL.

    50. Re:Fork? by 7-Vodka · · Score: 1
      GPLv3 affects any hardware that the software is distributed with. I'm pretty sure that this makes it viral *by definition*.

      By definition? Sir, Please see several definitions of "viral" and point out why using the word 'viral' is appropriate in this situation.

      As a biochemist and a molecular biologist who works with *real* viruses, I find the use of the word viral to describe anything in the world of Free Software unoriginal, uninformative and propagandist. It was chosen by those with the very motive of associating Free Software with a word that contains negative connotations for the average person (feeling sick, disease etc.) Very similar to using the word "piracy" to describe copyright violation. (with the exception that pirates are cool

      Please don't let the corporate pundits dictate the language you use because you taint any chance of having an informative discussion before it is even begun.

      I'm sure you can find a simple way to say

      1. "The GPL software license protects the rights of users" or
      2. "If you want to use GPL-covered work, you must abide by the developer's wishes just like any other license" or
      3. "GPL3 closes the unintended loopholes in GPL2"
      --

      Liberty.

    51. Re:Fork? by udippel · · Score: 1

      If Sun frees up Solaris using the Java timeline, I have a feeling you're going to be using GNU/ Hurd way before then. Sun is going to pussyfoot around for years.

      I know. They are dumb nuts. They could have taken a much larger market share long time ago.
      Though some, especially Jonathan, are changing:
      http://www.zdnet.com.au/news/software/soa/Sun-look s-to-GPL-v3-for-Java-Solaris/0,130061733,339273561 ,00.htm
      SUN has effectively tried to go GPLv3 for SunOS for quite a time. But now we have the 3l33t OpenSolaris developpers who torpedo any such effort tooth and nail.
      http://www.opensolaris.org/jive/thread.jspa?messag eID=84380&
      is one example. Of many.
      It is a pity that SUN provided this comfort zone for them; so that instead of doing the dirty work to achieve world domination, they cherish and please themselves in an ivory tower. A place that witnesses the conception of fantastic software (ZFS, Zones, DTrace), but seemingly rather fosters egomaniac arrogance than the notion of sharing and teamwork.

    52. Re:Fork? by kinglink · · Score: 1

      I love this rational. We don't pass laws that are incomplete or "good enough" why pass Licensing agreements that everyone will have to be forced under at some point.

      Elegant hacks should be in code, and hardware, not litigation, and not licensing. An elegant hack was the novell deal that we all hate. Let's not make an "elegant hack" out of a licensing agreement. Make it easier to read is a good thing, but because as you seem to think people who speak out against it don't understand it or disagree with it. Wow. you're a brain child there. Of course people who say it's viral and evil disagree with it. Do you know anyone sane who actually support ebola, the Aids Virus, or TB? The fact that people disagree with it is the problem. It's hardly perfect and needs to be rewritten if people want it to be fully accepted.

      The fact that the founder of Linux one of the core components that will start being moved under GPL V3 thinks it's bad means we should at least listen. Stallman won't he's getting what he wants (power, his way, what ever he really wants) but we as consumers should be more careful.

      If it's a fucking work of art hang it in the Louvre. If it's a good piece of licensing then people would be able to accept it without these nagging problems. But it's not, it's a waste of our resources at this point, a waste of people's time for those who support it making false claims (I've heard Linus is coming around.. apparently not) a waste of people's time who don't support it (Stallman isn't going to change it until normal people are happy, he's pushing his FSF agenda.)

    53. Re:Fork? by bytesex · · Score: 1

      Not quite. That's maybe how RMS stills sees it, and it's surely how the big distro's still distribute it, but for a lot of these userland things, alternatives exist outside of GNU - there's tcc, which compiles the Linux kernel as well (and does it faster); there's tcsh for a shell. The old 'man' can be had from BSD and has been on the FSF's shitlist for years now anyway. Etc. etc. etc.

      Off the top of my head, the only thing currenly not replaceable from GNU to run Linux is the textutils/binutils stuff and glibc (although it contains a *lot* of outside-GNU contributions) and utils ('ld' mainly). Not so big, but not quite trivial, true.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    54. Re:Fork? by UserGoogol · · Score: 1

      GNU was a project to create an operating system. "Linux" is an operating system which uses most of the GNU project along with the Linux kernel and an assload of other programs that have little to do with either GNU or Linus Torvalds. Those other programs, however, were not a project to create an operating system, so it's different. Thus, in an abstract sense, "Linux" when taken as a whole is a fork of the GNU project, and it is relatively logical to call "Linux" GNU/Linux to mark this.

      Of course, it's also a really whiney thing to nitpick about, since there's really no obligation for forks to be named in such a way as to refer to its parent project and Stallman only cares about this because he feels people aren't giving his noble crusade the credit it deserves, but it's totally logical.

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
    55. Re:Fork? by SillyNickName · · Score: 1

      What provisions of GPL3 are against "the spirit of the GPL" that Linus otherwise finds acceptable?

    56. Re:Fork? by Znork · · Score: 1

      "There are some folks who take that position but they are generally *NOT* GPL proponents."

      Not quite true. The GPL is empowered by copyright, but only copyright makes it necessary. Remove the necessity, and the ability to enforce copyleft would no longer be essential.

      "Abolish copyrights and my guess is all the big software publishers will just adopt a TiVo-like solution that ensures only legitimate copies of their product will run."

      I doubt it would work to any serious extent; without anti-circumvention laws, the economic incentive for bypassing such protection would be huge.

      Think mod-chips in wal-mart. You basically wouldnt be able to sell an un-hacked version.

    57. Re:Fork? by fbjon · · Score: 1

      So, using your logic, anyone who develops programs using Microsoft's Visual Studio should designate their app as a MSVS/You-App-Name. If they distribute that software along with a large chunk of MS Windows, then yes, yes they most definitely should.
      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    58. Re:Fork? by Anonymous Coward · · Score: 1, Insightful

      The Linux kernel is absolutely useless without the GNU userland

      No, it isn't. You can use icc, uclib, busybox and some other BDS tools to have a Linux GNU-free system. It's not just theorical, most Linux-based embedded systems don't use anything from GNU project because the tools are too heavy and designed for desktop computers, servers and workstations.

      And I don't feel like an hypocrite bashing GNU while using it's tools. I use its tools because they fit better for my needs than any other ones, and I bash GNU because I don't agree about their views and goals although I think that they make good software (except emacs, of course). GPL license don't say anything about that I'm have to agree with GNU project and FSF in order to use the software. In fact, that's a main point of GPL: don't force anything to the users.

      That's why isn't hypocrital to use GNU software without agreeing with GNU and FSF, and that's why it's hypocrital the GPLv3, because it goes against what it preaches. But it doesn't surprise me, RMS is very hypocrital himself (remember Emacs vs. XEmacs, the glibc incident circa 2.2 version I think, remember the way of develop GNU software before Linux arrived, when everyone had to send a signed letter to him before he can contribute code, and every contribution had to be revised by a bunh of people in MIT, commanded by RMS of course...)

      And those who say that Linux will be die when GNU/Solaris GPLv3 appear, that's nosense. FOSS is big because a lot of companies support FOSS, and have a lot of programers working on FOSS and GNU projects (check the development and quality of Linux, GCC and glibc before companies starter working on it, and check them after). And the vast majority of the companies don't like GPLv3. GNU/Solaris will be used during a time, Linux will fall, until some new processors appears, or some new graphics slots in the motherboards, new devices, new protocols, etc. GNU/Solaris won't be able to use them, but Linux will. And GNU/Solaris will become something like a more advanced HURD, with no use in the real life.

    59. Re:Fork? by Znork · · Score: 1

      "GPLv3 affects any hardware that the software is distributed with."

      No it doesnt. It refuses to be distributed _with_ software that isnt as free or more free than the GPL. That doesnt 'infect' anything, it affects only the GPL software itself.

      "I'm pretty sure that this makes it viral *by definition*."

      No, that makes it ethically principled by definition. GPL software will refuse to associate with components taking away further freedom from the users.

      If you want to hang with the cool freedom-loving GPL crowd, you can abide by those rules. You dont have to, you can go skulk with the bullies and beat up kids for lunch money if you want, but the GPL crowd arent going to help, and you arent going to get invited to the parties.

      There you go, a more accurate antropomorphization. As far as those go.

    60. Re:Fork? by Rogerborg · · Score: 1

      It is viral, it's viral by design, and it's designed to embrace, extend and extinguish other less restrictive licenses, which is what makes it every bit as evil as Microsoft's crack.

      --
      If you were blocking sigs, you wouldn't have to read this.
    61. Re:Fork? by byolinux · · Score: 1

      And now the FSF is revising it. We need your help!

    62. Re:Fork? by chemaja · · Score: 1

      I'm ok with people calling it whatever they like, be it Linux, GNU/Linux, BarbieOS or whatever, but I call it GNU/Linux (it's my choice) so I don't feel like a hypocrite bashing the GNU project while using all of it's tools on a day to day basis.

      +5, Insightful: I too call it "GNU/Linux" for this reason (and others).

      I've used BSD and Solaris (albeit relatively briefly), and it "feels" the same (once all my favourite programs are installed) because it's (largely) GNU (and Unix-like, etc.).

    63. Re:Fork? by NickFortune · · Score: 1

      Sure, the GPL is viral. I don't think anyone really denies that.

      This is why we don't let anyone in our server room unless they've had a full course of inoculations. We have to insist on this policy, otherwise all it takes is one sneeze to infect all our computers. The next thing you know we'll be getting cease-and-desist letters from the FSF and...

      Or to put it another way, the problem with "viral" in this context isn't so much that is is not accurate; it's just that it's woefully imprecise. If you think about it the term is accurate only in a single limited scenario - one where you distribute proprietary binaries linked against GPL libraries. Of course, that's why the LGPL was invented, and these days the situation rarely occurs. Al of the other associations people have for the word "viral", death, disease, broken computers, epidemics, rootkits... they don't really apply.

      Trouble is, there are kids out there who think it's really cool to release under a "viral licence" and there are PR drones out there who aren't above capitalising on the negative connotations.

      So, on the whole, I think it's best to avoid the term.

      --
      Don't let THEM immanentize the Eschaton!
    64. Re:Fork? by Znork · · Score: 1

      "If he doesn't like the GPL then why does he use it?"

      Mainly random chance. Linux wasnt originally under the GPL, but Linus was talked into using it early on (in fact, ironically, the original license prohibited commercial redistribution). After that, mainly inertia, I'd say.

      As such, I dont see much point in listening to him on license issues; his track record isnt exactly brilliant.

    65. Re:Fork? by NickFortune · · Score: 1

      Well, the source currently published would stay published, of course.

      Most of the free software devs are pretty much on-side about the source availability, so most of their updates would be released.

      Most of the proprietary stuff would stay unpublished - so no change there.

      Where we might see a difference would be the cases where a company has to e sued before they will comply with the licence. I think that's a fairly slim slice, however. Most of the corporations involved with FOSS have learned that there are benefits in having a community willing to work on your codebase.

      So, not much difference on the whole. And in return, we get to run

      chmod -R 0777 /

      on the whole of our culture. I'd say that was a good deal.

      --
      Don't let THEM immanentize the Eschaton!
    66. Re:Fork? by Ohreally_factor · · Score: 1

      I don't understand your question. Are you asking what parts of GPL 3 Linus and the other kernel developers are OK with? From what I can tell, the main sticking point is the Anti-Tivo section. I haven't heard any criticisms of the other sections since GPL 3 was released.

      --
      It's not offtopic, dumbass. It's orthogonal.
    67. Re:Fork? by Raenex · · Score: 1

      You shouldn't speak for everybody, and use terms like "we" and "our side". In particular, your notions that copyright isn't needed because code could just be decompiled is totally against what RMS believes in. The original motivation behind GPL was sparked by a printer driver that RMS had a binary for, but no source.

      Quote from For Want of a Printer:

      "Programmers were free to open the files up if they wanted to, but unless they were an expert in deciphering an endless stream of ones and zeroes, the resulting text was pure gibberish. Although Stallman knew plenty about computers, he was not an expert in translating binary files."

      If copyright didn't exist, then for RMS's world some other GPL-like law would be needed to compel authors to provide source. Note that I don't personally agree with RMS's views, but I logically understand them, and they are fundamentally different from what you think. Be able to hack the source is the fundamental idea behind GPL.

    68. Re:Fork? by trifish · · Score: 1

      you can't use GPLed software in non-free software

      Wrong. You can't use GPLed software in any non-GPL software even though the software is Free and Open Source (e.g. Apache License, Mozilla License, BSD, etc.).

      Why? Because the GPL requires that the whole software must be licensed under the GPL. Now imagine a large open source project consisting of portions written by hundreds of authors. Some of them dead, some of them impossible to find or contact. As you cannot get their permission for relicensing, you cannot use any GPL code in your software. That's how GPL actually PREVENTS co-operation and sharing in the Open Source and Free Software world.

    69. Re:Fork? by the+not-troll · · Score: 1
      Good post, but:

      Sure, the GPL is viral. I don't think anyone really denies that.


      The term "viral" was coined to claim that the GPL would "infect" everything else, i.e. it is claimed that if you had a GPL application, the whole userland and kernel would need to be GPL, too. Thus no, everyone who has read the GPL denies that it is viral, because it doesn't do such thing. It only does make sure that if one makes his software free, it stays free, not affecting any seperate software. Of course, some commercial interests who are not willing to adapt have problems with that, so they resort to FUD.

      As a side note, it is to be pointed out that DRM is, indeed, viral, if it forces any software and data, including GPL'd and CC'd, under its "protection".
      --
      In Soviet Russia, government controls corporations.
      In Capitalist America, corporations control government.
    70. Re:Fork? by Sam+Douglas · · Score: 1

      It refuses to be distributed _with_ software that isnt as free or more free than the GPL. Not to troll or nitpick too much but it is perfectly acceptable (and clarified in the license) to distribute a piece of GPL'ed software along side a proprietary application.
      You cannot make a derivative work (modifying the program, adding to the program, linking against the program as a shared or static library etc.) that isn't as free or more free than the GPL.
    71. Re:Fork? by SillyNickName · · Score: 1

      Let me put it this way then. You said that Linus is not against "the spirit of the GPL". However, he is against GPL3. Therefore, there must be some part of GPL3 that is against "the spirit of the GPL" in order for Linus to be against it but not against "the spirit of the GPL". So my question for you is, what part of GPL3 is against "the spirit of the GPL"?

    72. Re:Fork? by Znork · · Score: 1

      A bit nitpicky. :) As the topic in question was the virality of GPL code, the 'with' in question pertains to the derivative aspect of integrating two pieces of code, not mere aggregate distribution of two separate programs. Perhaps it requires clarification tho; confusing those issues is common enough.

    73. Re:Fork? by rtb61 · · Score: 1
      Although you are largely correct, the infinity part is obviously a wee bit of an exaggeration (70 years beyond the life of the author, although fair use provisions make protecting a single line of code, somewhat of an illusion). With open source you could no alter the licence of code you have already released under GPLv2 because of course you can not prove anybody gained your re-licensed code directly from you rather then from somebody else's source who is still distributing it under an earlier version of a GPL.

      Obviously Linux must have felt some pressure to alter the GPL for all future Linux kernel contributions but of course he has made the right choice. The Linux kernel should be made a widely available for use as possible. For good or ill, it should be up to each individual, company or country to make use of the kernel as they sometimes unfortunately see fit. As long as coding improvements are continually returned to ensure the continuing refinement and improvement of the code.

      Ensuring that the Linux kernel remains an effective universally applicable part of the technological infrastructure of humanity is an important part of the community effort. One could envisage an international standard for the application of the Linux kernel and GPLv2 to ensure it maintains that fully open and accessible status far into the future.

      As for GPLv3, it certainly has it's beneficial features in ensuring the creative content and knowledge of humanity is available to humanity, and definitely is applicable to other open source projects, especially media players, content creation software and also for example highly applicable to any open source search software, whether net or hdisk search.

      --
      Chaos - everything, everywhere, everywhen
    74. Re:Fork? by Ohreally_factor · · Score: 1
      Here's what I said:

      Linus apparently likes the GPL 2 just fine. It's certain provisions of GPL 3 that he finds impossible to accept. If you believe that Linus is against the GPL or (even worse) against "the spirit of the GPL", you're swallowing a load of bullshit. My contention is that talking about the "spirit" of the GPL or being against the "spirit" is nonsense, especially in terms of someone who has wholeheartedly embraced the GPL 2. But mostly it's nonsense because it's theological. Let's see, we've got the Spirit of the GPL, now is RMS the Father, and Moglen the Son? or is it the other way around.

      If you want to talk about spirit or intent, assign those things to the FSF. The GPLs are software licenses. They are agreements regarding the distribution of software. If I choose to use the GPL 2, it doesn't mean I've enrolled into the FSF religion.
      --
      It's not offtopic, dumbass. It's orthogonal.
    75. Re:Fork? by nine-times · · Score: 1

      um... ok, well I never said anything about "willy nilly". But, so... then you agree then that there's no reason why a copyright holder can't use a modified (non-verbatim copy) version of the GPL as your license?

    76. Re:Fork? by mgiuca · · Score: 1

      Thing is, if you're in favour of free software, and you're a BSD person or a public domain person or some kind of very permissive license-favouring person, then you can go "The GPL is evil because it's too restrictive."

      But it is absolutely the most hypocritical thing in the world when people who support or develop copyrighted closed source software say "the GPL is evil because it is viral". (Mr. Ballmer, I'm looking at you). The simple fact is, the GPL merely lifts a few restrictions on copyright. If you don't like it, just pretend it doesn't exist and all the GPL software is just copyrighted. Feel better?

      (This isn't directed at the parent, just seemed like an appropriate place to say it).

    77. Re:Fork? by DaveAtFraud · · Score: 2, Interesting

      Nothing stops you from running the TiVo software on alternative hardware now. The gotcha is that the TiVo services aren't available to you. For that matter, there are open source DVR projects like MythTV that already provide an open alternative. What people would like to be able to do is use TiVo services for scheduling what gets recorded but then do whatever they want with the recorded data. This violates the DRM agreements TiVo had to agree to in order to not get sued by the TV networks for providing a mechanism for unauthorized recording.

      TiVo's business model is to provide people with a DVR at more or less cost and then make money by charging subscribers for using the device to schedule the shows they want to record. They actually have a pretty slick system that allows subscribers to schedule recordings when away from their system. This only works with the DRM baggage with a closed system.

      Look into how open game consoles are. The answer is that they aren't. Without hacking the hardware you can't do anything but play the games offered by the console manufacturer. It wouldn't be hard at all to include copy protection mechanisms (e.g., the console validates that whatever has been inserted is a valid copy). Now extrapolate that to computers. You buy a console computer from whoever offers one and you are tied to their closed system. The GPL and copyright is what provides an open alternative to this. Take away copyright that protects GPLed code from being used in ways the authors don't agree with and you probably lose a viable open source development community.

      I don't have a problem with copyrights or patents. I don't agree with software patents but that's a side issue. Any company that invests a huge amount of money into developing some product wants to know that they will get a reasonable return on that investment. Ditto for people who create copyrightable material (books, programs, etc.). For GPL developers that return is knowing they have contributed to an "open" software world.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    78. Re:Fork? by Rufty · · Score: 1

      Without GNU, the Linux movement would have had a different compiler, linker, shell and the old Sun libc. Without the Linux movement GNU wouldn't have more than a few hundred users. (Remember how often gcc updated before it got a kick in the pants from the penguin? Say "Thankyou, Linux community, for getting rid of the abomination of gcc v1 and the stagnation of gcc v2") Putting GNU first is shameless and ungrateful self publicity. Gnu without Linux is *nothing*. Linux without Gnu would be different, but only slightly poorer. It's time for quite a bit of gratitude from the FSF for dragging them out of academic obscurity. And that can start with an apology for *ever* putting gnu in front of Linux.

      --
      Red to red, black to black. Switch it on, but stand well back.
    79. Re:Fork? by BKX · · Score: 1

      Yes, but you CAN get away without the GNU userland. Busybox on top of uclibc or dietlibc replaces the userland (IIRC, all three projects are unrelated to GNU other than through the GPL.). I believe that they all can be compiled with the Intel C Compiler.

      Having said that, I think "GNU/Linux" is lame.

    80. Re:Fork? by Courageous · · Score: 1

      I know it's splitting hairs, but as I understand it, you're perfectly OK to combine GPL and non-GPL software any way you like (at least, the GPL does not prohibit this) - however you are not allowed to then distribute it.

      While what you say is true, GPLv3 modifies the term "distribute" to "convey," and then defines "convey" after a fashion remarkably departing from the previous definition of "distribute". While I like this shift, and find it one of the most notable things about the GPLv3, the change is not insignificant. They're sharpening their knives over a the FSF. I hope people change to the GPLv3. It's good.

      C//

    81. Re:Fork? by OriginalArlen · · Score: 1

      Now imagine a large open source project consisting of portions written by hundreds of authors. Some of them dead, some of them impossible to find or contact. As you cannot get their permission for relicensing, you cannot use any GPL code in your software Just another good reason to have contributors gift the copyright in their work to the project itself, eg. the FSF or mozilla.org .
      --

      Everything I needed to know about life, I learnt from Blake's Seven
    82. Re:Fork? by OriginalArlen · · Score: 1

      yeah, actually he's one of the good guys and was only doing his job... however he should have done it two weeks ago, but now I look like a burke because I assumed he'd read a doc I sent him. It's totally nothing to do with him being Belgian, except that basic human need to be nasty about an "outgroup" in social psychology terms, and Belgians are acceptable because you don't get petrol bombed or lose your job or beaten up because you're a Belgian in the UK, for instance.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    83. Re:Fork? by OriginalArlen · · Score: 1

      Do you know anyone sane who actually support ebola, the Aids Virus, or TB? No, but I do know a Doctor of Molecular Biology who says his favourite animal is HIV, because it's so fiendishly cunning. Of course he doesn't think it's a good idea for anyone to catch it, just that he finds beauty and elegance in it's composition.
      --

      Everything I needed to know about life, I learnt from Blake's Seven
    84. Re:Fork? by SanityInAnarchy · · Score: 1

      With quite a few of the applications moving to GPLv3, who is going to use a GPLv2-licensed kernel once a GPLv3 licensed kernel becomes available

      Everyone, unless that GPLv3 kernel is Linux, which is practically very difficult to do, even if Linus wanted to.

      Let me put it this way: Linux has more drivers, more experimental projects, more tweaking and optimization, and more developers than any other open source kernel. (I have no statistics for it, and I am pulling it out of my ass, but really, am I wrong?) There is nothing about a GPLv3 application that requires it to run on a GPLv3 kernel.

      This in no way takes the teeth out of the GPLv3. TiVo could certainly use a GPLv2 Linux kernel, but if (say) mplayer went GPLv3, they couldn't use new versions of mplayer, no matter what kernel they run. To say otherwise is like saying the GPL doesn't apply to Windows applications...

      --
      Don't thank God, thank a doctor!
    85. Re:Fork? by SanityInAnarchy · · Score: 1

      GPLv3 affects any hardware that the software is distributed with.

      No, it simply limits the hardware that the software may be distributed with. This is no different than the GPLv2, in that respect -- GPLv2 does not "affect" any software that you link it to, it simply disallows you from distributing a version linked to non-GPL software.

      In other words, there is nothing stopping you from simply distributing hardware without any GPLv3 software, if you're not willing to give us the kind of control we should have over that hardware, just as there's nothing stopping you from developing entirely proprietary software if you don't like releasing your software under GPLv2.

      I'm pretty sure that this makes it viral *by definition*.

      Well, it would be, if it really worked that way. As in, if I could load some GPLv3 software onto an iPhone, and it then magically twists and solders and abuses the hardware until it's hackable, that would be viral. If I could load some GPLv3 software onto an iPhone, then call up Apple and demand source code and hardware tweaks and schematics and chip fabs, then yes, it would be viral.

      As it is, it's "viral" in the sense that if you pirate software, you might get fined. And it's exactly as retarded to suggest it's "viral" as it is to suggest that software you've pirated is "infecting" your wallet and your criminal record.

      --
      Don't thank God, thank a doctor!
    86. Re:Fork? by Digana · · Score: 1

      You mean that I shouldn't just arbitrarily remove that software etc, etc from my computer, because then my computer would be useless? Thanks for the heads up. If I ever remove bash I'll make sure to replace it with a different shell. (I actually love bash and wouldn't really do this.)

      You would probably run into problems, yes. There are lots of scripts out there whose shebang isn't /bin/sh but specifically /bin/bash. Some scripts actually use more than just Bourne compatability; some really do use Bash extensions (mostly extensions from the C and Korn shells). I suppose you could track them down and port them to remove the bash extensions to the Bourne shell, but why bother? Just acknowledge that we do need the GNU system unless we're running some BSD (and even the hardcore BSD folks begrudgingly have to use gcc to compile).

    87. Re:Fork? by Breakfast+Pants · · Score: 1

      I don't see it happening either; I was just responding to a guy who said it *couldn't* happen.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    88. Re:Fork? by sjames · · Score: 1

      MS and others whining about GPL being viral never fails to amuse me. It's not as if THEIR preferred licences aren't viral! (with the exception of BSD). Just try source licensing MS code at all! Then, if you manage it, see how many seconds it takes them to sue you if you try to release it as part of your Free Software project.

      Of course, the real source of the whining is that the GPL defies their sense of entitlement.

    89. Re:Fork? by thethibs · · Score: 1

      you can do anything you want with GPLed software except make it non-free.

      There is nothing anyone can do to make GPLd software non-free; it's already out there and available.

      What GPLV3 does is force you to make your own stuff free if it touches GPLV3d code, and requires that you GPLV3 your stuff so that anyone who uses your code, and anyone who uses their code, ad infinitum, has to "pass it on". One thing this community usually agrees on is that there are no good viruses. I don't see a reason to exempt GPLV3.

      I don't think Linus or anyone else needs to worry about GPLV3 in any case. It contains the seeds of its own destruction. GPLV3 doesn't allow a mixed configuration so there are only two options: give up the rights to your work or avoid GPLV3d products.

      GPLV3 may be the best thing to have happened to GPLV2. Most everyone agrees that GPL is a good concept, but using GPLV3 products creates unforeseeable future liabilities, GPLV2 does not. If I'm an ISV, how much work am I willing to risk having to throw away if some future version needs proprietary code, forcing a platform change (Tivo's problem, as we speak)? If I'm a CIO, do I want to risk not being able to upgrade or extend my systems because the drivers or add-ons I need are non-GPLV3? Should I feel warm and fuzzy about the fact that the community I would be depending on is at war with more than a few of my suppliers? GPLV3 creates a market for GPLV2 and BSD-licensed products. I can't think of any way that market would fail to be served enthusiastically by developers who don't "get it" but do "get paid".

      Something I can't figure out from the text is whether or not GPLV3 forces you to make your own stuff free if it is used by GPLV3d code. Maybe someone with a more Machiavellian brain than mine could clarify this point?

      --
      I'm a Programmer. That's one level above Software Engineer and one level below Engineer.
    90. Re:Fork? by SillyNickName · · Score: 1

      My contention is that talking about the "spirit" of the GPL or being against the "spirit" is nonsense...
      You were the one who started talking about you called "the spirit of the GPL". If I had realized you were talking nonsense I would have never bothered responding to you in the first place.
    91. Re:Fork? by SillyNickName · · Score: 1

      This seems to boil down to the age old question of whether or not true "freedom" also includes the ability to take away the freedom of others. A good example of this belief existed amongst some of the founders of the United States who believed that true freedom included the "freedom" to take away the freedom of slaves. They accused those who were against slavery of being "hypocrites" for wanting to deny them their "freedom" to hold slaves.

      In a similar manner there are now those who claim that TiVo should have the "freedom" to take take away the freedom of TiVo owners. Those who disagree they call "hypocrites".

    92. Re:Fork? by trifish · · Score: 1

      Just another good reason to have contributors gift the copyright in their work to the project itself, eg. the FSF or mozilla.org .

      In many jurisdictions, you cannot assign (let alone give up) copyright. It protects implicit personal author right. It cannot be given up. Good luck relying on and enforcing your copyright assignment sheets.

    93. Re:Fork? by OriginalArlen · · Score: 1

      Bollocks. How do you think publishing works?

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    94. Re:Fork? by trifish · · Score: 1

      Spare me your "bollocks" word. Thanks.

      For your information, when a publisher publishes e.g. a book written by Mr. Smith, then Mr. Smith remains the copyright holder. Besides, open source is international, so you would need to know something about hundreds of different jurisdictions. Go figure.

    95. Re:Fork? by OriginalArlen · · Score: 1
      Eh? What's wrong with... that word?! Perfectly innocuous term meaning "I disagree with what I believe to an untrue statement"? I dunno, kid today, muttter mutter

      You are mistaken. Try this experiment: photocopy a book, then try selling the photocopies. Observe who sues you. Yes, it's the publisher.

      If you look in the front of a recently published book you'll see some terms about the "moral rights of the author" -- this is all they have left. They've sold the copyright to a publisher. That's why the publisher isn't breaking the law distributing something that the copyright belongs to someone else.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    96. Re:Fork? by trifish · · Score: 1

      You are wrong, son. When a composer writes some music, goes to a publisher, publisher pays the recording session (studio, hw), the musician records it, the publisher makes the CDs and publishes them. Do you know what happened with copyright? No. I'll tell you:

      1) The copyright to the actual music is held by the composer.
      2) The copyright in the actual record is held by the publisher.

      Now you see that, although it's interesting, it has nothing to do with the matters we are discussing. The problem is that open source has no "records" with separate copyright rights or anything like that. Most importantly, large open source projects have contributors from almost all countries.

      So, again, you would have to analyze carefully laws in all those countries. I can assure you that in many countries, copyright cannot be given up. So if the author in the country X assigns copyright to FSF or whoever, he might not know that laws in his country allow him to sue FSF in his country (and remember that internet jurisdiction doesn't exit -- internet applies to all countries).

      2 years later the author X goes bezerk because FSF pisses him off, and decides to sue to them for relicensing his work, of course, rightfully claiming that the copyright assignment sheet is invalid under applicable law in his country. (This is exactly the same as with commercial software EULAs probably being invalid in Europe, or at least EU).

      Yes, written agreements, license agreements, copyright assignment sheets, etc. can all be held invalid by a court of law in the country where the copyright holder lives.

    97. Re:Fork? by Edam · · Score: 1

      > Sorta like how the FSF didn't make the tools, but they own the label.
      You what!?

      You are obviously not very informed on this subject. Go and read up.

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
    98. Re:Fork? by OriginalArlen · · Score: 1
      Yes, it is interesting, however... I'm afraid you just walked straight into my trap! *twirls moustache(*

      1) The copyright to the actual music is held by the composer. 2) The copyright in the actual record is held by the publisher.

      As luck would have it I used to work for a music publisher. :)

      There are actually two "rights" involved in commercial music. There's a copyright in the "work" (in the case of a song, it's the lyric and the topline melody.) There's also what's called the "mechanical rights" - the right to reproduce a particular recording of that work. (That's why it infringes copyright to sell unauthorised duplicates of, say, an EMI recording of the Mozart Requiem. The music is in the public domain, but the rights to publish that particular recording of it belong to EMI.) In the particular case of western pop of the last 50 years, there's only one recording of a work. Authors whose songs are covered by many artists (standards) get the *publishing* income from every record sold. That's why, e.g., Robbie Williams' co-writer on all his good material is a very very rich man but can walk down the street unrecognised :) It's also how record producers and similar riff-raff get rich -- they pick up "points", typically a few percentages points of the publishing and/or mechanical rights.

      This is also why there are generally two separate rights bodies collecting and distributing the money from music sales. In the UK it's the MCPS that control collection & distribution, and the PRS (Performing Rights Society) that collects mechanicals.

      Anyway -- modern artists will usually sell the right to collect their royalties to their record and publishing companies respectively. (They're often, but not always, the same firm. Eg in my day at X Music Publishing we did publishing deals with artists who hadn't got record deals - we would give them a small advance (10 or 20K) and a lot of cheap studio time, whilst they and their management shopped around for a deal, tried to build a buzz, organised live dates , press etc.

      This all has nothing to do with selling the copyright, which I assure you authors (of music AND books) do. Otherwise, they'd all be suing their publishers....

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    99. Re:Fork? by OriginalArlen · · Score: 1
      ugh, sorry to reply to my own post, should have proofed it :((

      I meant that the MCPS collect publishing income, the PRS collect mechanicals.

      Also - there's *often* only one recording of a work, but standards (eg. Yesterday) get covered by many artists. Paul McCartney doesn't get that income any more, as (IIRC) he sold his share of the Beatles' publishing to Michael Jackson who sold them to... someone else. I forget. (Actually i don't care, amounts to the same thing :) ) However you'll notice there's still an EMI logo on teh back of a Beatles CD - they still own the mechanical rights.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    100. Re:Fork? by just_another_sean · · Score: 1

      Who makes the tools for your GNU/Linux distro?

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    101. Re:Fork? by bcmm · · Score: 1

      I propose we all use FreeBSD userland on Linux kernels. And call it FreeBSD/Linux. Just to upset RMS.

      --
      # cat /dev/mem | strings | grep -i llama
      Damn, my RAM is full of llamas.
  2. Darth Ar'Emess by erroneus · · Score: 3, Funny

    ...because only a sith deals in absolutes!

    1. Re:Darth Ar'Emess by rleibman · · Score: 4, Funny

      You've just stated an absolute ("Only Sith's deal in absolutes") therefore sir... you are a Sith.

    2. Re:Darth Ar'Emess by gangien · · Score: 2, Insightful

      offtopic but isn't that statement ironic when obi Wan says it? isn't by saying that, he, himself using an absolute statement? :P

    3. Re:Darth Ar'Emess by ebuck · · Score: 1

      You seem to have made a statement which likely follows some sort of structured rule system which probably resembles logic and could represent a predicate in such a way that should the first part be true, then (according to the flawed absolutist theory) the second part is true, or at least I think so, but then again I could be wrong.

      No wonder the sith killed all the Jedi.

    4. Re:Darth Ar'Emess by CopaceticOpus · · Score: 1

      Wait... don't you mean he's probably a Sith?

      Sith.

  3. I for one..... by apodyopsis · · Score: 4, Insightful

    ....have my tin hat on and am hiding under the desk to avoid this flamefest.

  4. In other words by Etrias · · Score: 3, Funny

    To steal from John Hodgeman... Anyone who uses the GPLv3 are lepers with tuberculosis.

  5. duh by Danathar · · Score: 5, Insightful

    "He accused the Free Software Foundation leadership, which includes eccentric, MIT-trained computing whiz Richard Stallman, of injecting their personal morality into the laws governing open source software with the release of GPLv3."

    Does this mean that Linus didn't understand that the FSF is a organization with specific goals based on the morals of it's members? It's kinda obvious.

    1. Re:duh by Icarus1919 · · Score: 3, Funny

      Hush! Our lord and savior is speaking.

    2. Re:duh by QuantumG · · Score: 3, Insightful

      Yeah, it's so funny. I know, I'll use this GPL license for my software, it looks like a good way to get people to contribute changes back to me! Free Software? What's that? Oh, yeah, that's cool, not really my cup of tea though, thanks guys. What? Yeah, I'm going to keep using your license. WTF?

      --
      How we know is more important than what we know.
    3. Re:duh by Nasarius · · Score: 4, Insightful
      Pretty much. I don't see anything inconsistent or hypocritical about the license or its proponents. Linus will clearly keep using the GPL2, as that's the license everyone contributes to Linux under. But those who do want to inject some extra "morality" into their software license are free to do so.

      The ruler is not just a king, he's a God, so disagreeing with him is immoral, but it's also illegal, and you can get your head cut off," Torvalds continued
      That's moronic. If you don't like the license, don't use it. If someone else's code is licensed only under the GPL3...tough, it's not your code. Don't use it. Anyway, aside from GCC, there are plenty of BSD alternatives to most GNU projects. If many people don't like the license, they'll contribute to those instead, or fork an older GPL2 version.
      --
      LOAD "SIG",8,1
    4. Re:duh by MoonFog · · Score: 1

      To be fair to Linus, he objects to GPL version 3, not version 2 which he off course is using. Perhaps he feels like they are pushing more morality into GPL 3 as it is more about DRM and stuff like that than what was the case with GPL 2.

    5. Re:duh by Chibi+Merrow · · Score: 1, Interesting

      Anyway, aside from GCC, there are plenty of BSD alternatives to most GNU projects.

      You know, after EGCS (and the associated bazaar development model) became the official GCC branch, I kinda figured they'd face the same problem as the kernel does of producing a GPLv3 branch--with thousands of contributers having provided their work under GPLv2, it would be impossible to track them all down and get their permission to relicense their work as GPLv3. Yet I see announcements for GPLv3 trumpeting the fact that the GCC project is "on board". Can someone explain to me what I'm missing here?

      That's moronic. If you don't like the license, don't use it.

      I have to disagree. He's making a valid point that RMS approaches the entire "Open Source/Free Software" debate as not a legal or even ethical issue, but a moral issue. The use of the word "moral" isn't an invention of Linus, that's the word RMS uses to describe it himself. That means RMS is declaring himself a religious leader, which is patently absurd. We already have enough "holy wars" in hacker culture without someone actively pursuing religious agendas.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    6. Re:duh by QuantumG · · Score: 1

      It's like Linus just woke up and discovered that RMS is a religious leader. We've all know this for years. Many of us are members of his religion.

      --
      How we know is more important than what we know.
    7. Re:duh by Chris+Burke · · Score: 5, Insightful

      Considering the GPL starts with a non-legalese description of the moral philosophy behind the GPL, I find it hard to fathom how anyone could think the FSF was from the beginning "injecting their personal morality into the laws governing open source software". Duh, the whole existence of the Free Software movement and the GPL is due to RMS' moral views on software and the rights of users.

      And while I may not agree completely with the language of GPLv3, it still seems perfectly consistant with the moral view that RMS has been expressing since the 80s. Every new thing in GPLv3 is there to try to close a loophole that allowed someone to not grant the rights RMS believes users should have. I have no idea how Linus can call them hypocrits. I was with him more when he was simply saying that it was misguided.

      Linus is a smart guy, and he wisely avoids the morality/politics of the FSF most of the time. But he ain't perfect and his decisions to sacrifice principles for practicality can come back to bite him -- see Bitkeeper for a poignant example of how "choose the best tool for the job" but ignoring the license and how that affects the tool's usefulness is the wrong way to be pragmatic and apolitical.

      --

      The enemies of Democracy are
    8. Re:duh by fosterNutrition · · Score: 1

      If someone else's code is licensed only under the GPL3...tough, it's not your code. Don't use it. While I agree with you in principle, what I think Linus has a problem with is the adoption of that attitude in conjunction with claims of the code being "free as in speech." The hypocrisy doesn't arise from holding a certain position, it arises from creating licensing fears regarding software that supposedly exists to eliminate restrictive licensing. "Free as in speech" is being misapplied with GPLv3. Free speech means free speech, not the freedom to say whatever you want as long as it agrees with my/RMS's moral precepts.

      In short, there's nothing inherently wrong with the GPLv3, but there are many things wrong with claiming that it is really and truly free. It is a license just like any other, only the restrictions are different - but they are still there.

      An interesting side note: I was recently able to attend a talk by RMS (it wasn't on the subject of Free Software directly, but it came up), and one of the things he said in response to a question really surprised me. He said (this is an approximate quotation from memory, but entirely faithful to the spirit of his wording) "I quit MIT because I was afraid that the administration would have a say in my intellectual property. I was afraid they would release my GNU code under too permissive of a license." What? The chief ideologue of "free" software, worrying about his code being too free?
    9. Re:duh by Anonymous Coward · · Score: 5, Insightful

      The use of the word "moral" isn't an invention of Linus, that's the word RMS uses to describe it himself. That means RMS is declaring himself a religious leader, which is patently absurd.
      Newsflash: morality does not require religion.
    10. Re:duh by Penguinisto · · Score: 3, Interesting

      If you don't believe that proprietary software is immoral (and Linus doesn't) then you don't follow RMS. Why use his license?

      ...because some believe that proprietary software is impractical to progress. That doesn't necessarily translate into morality, especially when seen from a purely objective standpoint.

      Also, back when Torvalds was fussing over what license to use, the options were slim... and the GPL probably fulfilled his desire to keep Linux open and to have the ability for all improvements to it to be rolled back in and shared.

      As a parallel thought, moral sets don't have to necessarily match up, else you get dogma. Not everyone goes to, say, a given church because they believe with 100% certainty that the scriptural interpretations and admonitions made by him (or the membership) can never be wrong or misused. Religion (also a morality-based organizational unit) can never work like that on a practical or even a civilized level w/o imploding or splintering off (see also "Protestants"), so why should software licensing be expected to?

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    11. Re:duh by asills · · Score: 2, Informative

      Well, they could take it and sell it, or take it to someone else and license them to sell it and not redistribute the source. His licenses do not permit that.

      --
      -- What did Spock find in Kirk's toilet? The captain's log.
    12. Re:duh by Fred+Ferrigno · · Score: 1

      I'm too lazy to check, but as long as GCC uses the "GPLv2 or any later version" language, then people who contributed to it as a v2 project consented to exactly this scenario. Linux is explicitly version 2 only.

    13. Re:duh by hey! · · Score: 2, Interesting

      Well, there's not a lot of context in the article, but piecing things together, I'd guess that what has Linus ticked off is not injecting personal morality into the license, but forcing others to accept that license and by extension their personal morality.

      In the paraphrased quote, it would appear that Linus is conflating these issues by criticizing their injection of their morals into the license, which they have every right to do. Anybody can license their work under any provisions they wish. If you don't like it, don't use their stuff and definitely don't use their license.

      But if you separate the two issues, Linus has a very interesting point, one which occurred to me during the whole discussion about Microsoft. It would appear that FSF deliberately stuck it's thumb in Microsoft's eye, and while we all applauded the little guy getting the big guy, it's not exactly clear that this is fair. From FSF's standpoint, I suppose MS was doing something wrong and needed to be stopped, but it's not exactly fair to change the rules of the game. A lot depends on how the struggle (if any) between FSF and MS pans out.

      There's an element of caveat emptor here of course. MS is a big company that can afford lawyers to tell them they're getting into trouble with a license like GPL that has upgrade features. But just because you can change the rules on somebody doesn't mean its conscionable to do so.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    14. Re:duh by QuantumG · · Score: 1, Troll

      You obviously don't go to church. If you go to a church where the preacher consistently puts forward a version of the faith that you disagree with, you go to another church. You don't hang around because, hey, you can sell a lot of cookies at the bake sale.

      In any case, so long as we're in agreement that Linus doesn't believe in freedom or defending it, and is only using the GPL because it helps his project gain momentum, there's no need to argue about the little differences of our opinions is there?

      --
      How we know is more important than what we know.
    15. Re:duh by Chibi+Merrow · · Score: 1

      I think--especially if you view previous comments from him--that he has known for years that RMS is a religious zealot. That doesn't mean he can't keep criticizing people for bringing religion into an argument that doesn't need it.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    16. Re:duh by trolltalk.com · · Score: 1

      ... Because the FSF requires that if you submit anything, you have to assign the copyright to them. Keeps the proles in line, you know ...

      Unlike the linux kernel, which has a LOT of copyright holders.

      So, who's acting more autocratic, Linus or the FSF?

    17. Re:duh by DragonWriter · · Score: 1

      If you don't believe that proprietary software is immoral (and Linus doesn't) then you don't follow RMS. Why use his license?


      Because the concrete terms of the GPLv2 suit your beliefs and interests adequately for the software you are making.

      Releasing software under the GPLv2 (or even v3) is not a lifetime pledge to become a blind follower of RMS. Maybe they'll add that term in v4.

    18. Re:duh by QuantumG · · Score: 1

      He brought morality into his project when he chose the GPL for its license.

      --
      How we know is more important than what we know.
    19. Re:duh by Chibi+Merrow · · Score: 1

      Because the FSF requires that if you submit anything, you have to assign the copyright to them. Keeps the proles in line, you know ...

      Yeah except EGCS spent a while as a non-GNU project (until GNU was embarrassed into admitting it was better), I thought, which I would have assumed would have prevented the usual GNU monkeying around with copyrights.

      You know, when I write code for my University I lose the copyright on that, too, but at least I'm compensated for it...

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    20. Re:duh by kasparov · · Score: 1

      You don't hang around because, hey, you can sell a lot of cookies at the bake sale.
      You must have never noticed the large number of real estate agents and Amway salesmen that attend churches...
      --
      There's no place I can be, since I found Serenity.
    21. Re:duh by QuantumG · · Score: 1, Flamebait

      You must have never noticed the large number of real estate agents and Amway salesmen that attend churches... I think that's an accurate portrayal of Linus, yes.
      --
      How we know is more important than what we know.
    22. Re:duh by A+beautiful+mind · · Score: 1

      Morality does not stem from religion. I have to heavily protest that assumption of yours, because it is simply not true. Please do not equate RMS with some kind of religious leader when he uses the term moral issue correctly.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    23. Re:duh by OriginalArlen · · Score: 4, Insightful
      However based on my 30 seconds of googling, it seems that a fair bit of the kernel is licensisde under the famous "version 2 or later, at your" [the recipient of the code] discretion"... Who wants to track down the owners of all the code in the kernel tree and check whtehtrer they mind relicensing as GPL v2 *only*? Bags not me!

      Once again the FSF are ahead of the game - by asking GNU contributors to please contribute their actual copyright to the FSF. That's how come the FSF don't take legal cases where some scumbag corporate is redistributing Linux without respecting the GPL (ie., illegally): they don't own the copyright on the kernel. (Fortunately lots of the basic toolchain are FSF's so in those circumstances there's generally enough FSF code to actually stop the bastards getting away with it.)

      Linus is wrong about this and the FSF is right.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    24. Re:duh by DragonWriter · · Score: 1

      You obviously don't go to church. If you go to a church where the preacher consistently puts forward a version of the faith that you disagree with, you go to another church.


      The FSF may or may not be analogous to a "church" with a "faith". But, AFAIK, Linus isn't a member of the FSF, and has never claimed to adhere to its "faith".

      The GPLv2 isn't a church. Its a license. It has concrete terms. People (at least, some of them) decide to use it, or not, based on how well they determine those terms are aligned with their desires for their software. Linus, I expect, uses the GPLv2 for that reason, not out of quasi-religious faith in the cult of RMS.

      In any case, so long as we're in agreement that Linus doesn't believe in freedom or defending it


      I think Linus believes in freedom. I don't think he agrees with the FSF's understanding of what freedom is and how it should be defended as expressed in the GPLv3, though. Heck, I think that Linus's differences with the FSF on those points predate the GPLv3 discussion by quite a bit, though the GPLv2 was something he could live with though he understood some of its terms differently from the FSF.

    25. Re:duh by Chibi+Merrow · · Score: 1

      Do I bring morality into a business transaction when I pay for a $20 bill with the words "In God We Trust" on it? Does swearing on the Bible in a court of law bring morality into a legal matter? The use of GPL in the kernel was a pragmatic decision, and I think the huge amount of people willing to contribute to Linux over HURD is a pretty big approval of the "pragmatic" side of the argument over the "moral" side.
      It's kind of like having the ten commandments on a courthouse wall because "they're a good basis for civil behavior" but understanding that doesn't include any of the claptrap about worshiping "God". (Well, except that on commandment about not worshiping other gods, but you get the point...)

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    26. Re:duh by Chibi+Merrow · · Score: 1

      Except that he is a religious leader. He even (admittedly, jokingly) says so himself. Morals have no place in an argument about rights and law. Rights are self evident and law exists to protect them.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    27. Re:duh by Adambomb · · Score: 1

      So you would say that a persons concept as to what his Rights are have nothing to do with morality? What "immoral" act does not infringe on a alleged "Right"?

      --
      Ice Cream has no bones.
    28. Re:duh by Freed · · Score: 1

      >I dunno. !religion == nihilism, near I can tell.

      You have a lot of learning to do--morality does not need religion. From the Wikipedia entry:

      Morality (from Latin moralitas "manner, character, proper behaviour") refers to the concept of human action which pertains to matters of right and wrong--also referred to as "good and evil"--used within three contexts: individual distinction; systems of valued principles--sometimes called conduct morality--shared within a cultural, religious, secular or philosophical community.

    29. Re:duh by QuantumG · · Score: 1

      Does swearing on the Bible in a court of law bring morality into a legal matter? That's exactly why they get you to swear on a bible.

      And if you don't believe in the sanctity of that act then you've got no right doing it. You should ask for the option of making an affirmation instead.

      --
      How we know is more important than what we know.
    30. Re:duh by Rick+Zeman · · Score: 1

      I have to disagree. He's making a valid point that RMS approaches the entire "Open Source/Free Software" debate as not a legal or even ethical issue, but a moral issue. The use of the word "moral" isn't an invention of Linus, that's the word RMS uses to describe it himself. That means RMS is declaring himself a religious leader, which is patently absurd. We already have enough "holy wars" in hacker culture without someone actively pursuing religious agendas.

      I wonder if he used vi or emacs to to write that....
      /me ducks

    31. Re:duh by Chibi+Merrow · · Score: 1

      So you would say that a persons concept as to what his Rights are have nothing to do with morality?

      Yes.

      What "immoral" act does not infringe on a alleged "Right"?

      Homosexuality. Imbibing drugs and alchohol. Viewing pornography. Pre-marital sex. Masturbation. Do I have to keep going? Did you even think before you wrote that?

      Your rights have nothing to do with morality. You have rights as a virtue of existence. The intersection between what acts are considered "immoral" and what acts infringe on your rights as an individual is definitely not nil, but they are not equivalent nor is one a subset of the other. As a matter of fact, "moral" restrictions on behavior often end up infringing on your "rights" as a living being. The fact that infringing upon someone else's rights is also often considered "immoral" (but not always, take note!) is simply a recognition by religion of natural rights, not natural rights coming from some moral code.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    32. Re:duh by QuantumG · · Score: 1

      Pah-thetic attempt at a troll son. Go to the back of the class.

      --
      How we know is more important than what we know.
    33. Re:duh by timeOday · · Score: 1

      As a parallel thought, moral sets don't have to necessarily match up, else you get dogma.
      I think morality is simply more all-inclusive than law - what you don't like, you consider immoral; things most people really don't like are illegal. I don't think morality and law are on different continua. Whether a moral precept becomes law is simply a matter of how broadly accepted it is.
    34. Re:duh by Safiire+Arrowny · · Score: 1

      Listen to what you're saying, you sound like the president of the US or something.

      'Freedom Hater' is the type of language used by a propagandist.

    35. Re:duh by Chibi+Merrow · · Score: 5, Interesting

      I wonder if he used vi or emacs to to write that.... /me ducks

      I'm torn between being so happy that someone finally understood and so depressed that it took so many replies and crazy moderations before that happened...

      I can't claim to be an old timer and firsthand familiar with these things, but it seems to me so many young GNU adherents don't understand how much being a hacker already approaches a religion (especially in the negative aspects of organized religion) without someone PURPOSELY trying to espouse religious philosophy. We already have enough heresies, inquisitions, and crusades amongst people who are just trying to get work done or do research... When you start ordaining prophets and messiahs, you're asking for trouble.

      Then again half the people reading what I'm writing are probably equating the word "hacker" with some black hat stealing their credit card numbers and defacing websites...

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    36. Re:duh by drsmithy · · Score: 1

      Morals have no place in an argument about rights and law. Rights are self evident and law exists to protect them.

      Morals most certainly have a place in such an argument, because rights and laws are inherently dependent upon the moral codes of those people defining them.

    37. Re:duh by Safiire+Arrowny · · Score: 1

      No right? I have every right to pick up any book and swear oaths to any made up or real person I feel like.

      I think you should go easy on telling people what's right and wrong, and what they should or shouldn't do.

    38. Re:duh by QuantumG · · Score: 1

      If you think it is honest to lie then obviously it's impossible to have a rational conversation with you.

      --
      How we know is more important than what we know.
    39. Re:duh by Olivier+Galibert · · Score: 3, Informative

      You know what they say about assuming? The egcs guys decided from the start to only accept fsf-assigned contributions to allow re-merging with gcc in the future. Which eventually happened.

          OG.

    40. Re:duh by Chibi+Merrow · · Score: 1

      Morals most certainly have a place in such an argument, because rights and laws are inherently dependent upon the moral codes of those people defining them.

      No, they are not. Rights in no way shape or form are dependent on a "moral" code. That means if the moral code changes, your "rights" can be taken away and then they were never rights in the first place. A right is not something that can be decided or bestowed. You either have it as a virtue of existence or you don't. In modern liberal societies (especially those, like the US, that have based their philosphy on the writings of people like Locke) we recognize that you have three natural, inalienable rights: life, liberty, pursuit of happiness. Those rights do not come from some moral code but are founded upon your existence as a living, reasoning being capable of making your own choices in life. The rights are based on the idea that as an independent, living being you alone own yourself and since you are your own property there are certain things about yourself that are within only your control. All other things claimed as rights must descend directly from these three principles and must do so in a way that does not infringe upon the already established rights of others. Morality does not matter.

      In some places of the world is not immoral to kill people who do not follow the your religion. That does not mean said person does not have a right to continue living.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    41. Re:duh by Chibi+Merrow · · Score: 1

      And that, is exactly the answer I was looking for. That clears everything up, thanks. :)

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    42. Re:duh by babbling · · Score: 1

      Microsoft got bound to changes in the GPL only because they entered a flawed agreement with Novell that allowed Novell to bind Microsoft to any license they want. The coupons without any expiry date or additional conditions were what bounded Microsoft to future versions of the GPL.

      The FSF was going to put the patent clause into the GPL regardless of Microsoft's agreement. They merely noted that Microsoft had put themselves into a position where they were bound by it if Novell starts giving GPLv3 software to Microsoft customers with coupons.

    43. Re:duh by drsmithy · · Score: 1

      No, they are not. Rights in no way shape or form are dependent on a "moral" code.

      Yes, they are. If they weren't, everyone the world over would be in agreement over what constituted "rights".

      That means if the moral code changes, your "rights" can be taken away and then they were never rights in the first place.

      Correct.

      A right is not something that can be decided or bestowed.

      Most certainly it is. Primarily because it is dependant upon protection by the law - and hence by the government responsible for enforcing that law.

      You either have it as a virtue of existence or you don't. In modern liberal societies (especially those, like the US, that have based their philosphy on the writings of people like Locke) we recognize that you have three natural, inalienable rights: life, liberty, pursuit of happiness. Those rights do not come from some moral code but are founded upon your existence as a living, reasoning being capable of making your own choices in life. The rights are based on the idea that as an independent, living being you alone own yourself and since you are your own property there are certain things about yourself that are within only your control. All other things claimed as rights must descend directly from these three principles and must do so in a way that does not infringe upon the already established rights of others. Morality does not matter.

      I find it amusing that you are using the example of a codification of rights in one country, based on writings of philosophers, as support for your argument that morals have no impact on rights and laws, universally.

      In some places of the world is not immoral to kill people who do not follow the your religion. That does not mean said person does not have a right to continue living.

      To you and me, maybe. People from that place (and especially that religion) would probably disagree. Indeed, they might even argue it is their "right" to kill a non-believer.

      The concept of "rights" is an extension of the concept of law. Laws are written by those in power, to impose their morals on those without power. Morals are, inescapably, tied to both laws and rights.

    44. Re:duh by ThJ · · Score: 1

      But I agree with this guy, and I'm not a troll (check my posting history). I take insult at the insinuation that anyone who thinks Windows and Mac have superior GUIs is a troll. The gap is closing, but Linux isn't quite there yet.

    45. Re:duh by maxume · · Score: 1

      Was there a problem of Bitkeeper?

      --
      Nerd rage is the funniest rage.
    46. Re:duh by QCompson · · Score: 1

      isn't quite there = crappy?

    47. Re:duh by geminidomino · · Score: 1

      So you would say that a persons concept as to what his Rights are have nothing to do with morality?

      Yes.

      What "immoral" act does not infringe on a alleged "Right"?

      Homosexuality. Imbibing drugs and alchohol. Viewing pornography. Pre-marital sex. Masturbation. Do I have to keep going? Did you even think before you wrote that?

      You could have stopped there. It was sufficient to throw your true, ignorant colors.
    48. Re:duh by perturbed1 · · Score: 1

      I agree with you. RMS has made his position clear several times over. He gave a talk at CERN a few weeks ago. A video of his talk *used* to be available in the free ogg format through this site. But then someone probably high up in IT, objected evidently, and they sent off an e-mail to RMS, asking him to approve that it should also be released in the CERN-IT approved standard formats. Now, I dont know what that format is, but I am guessing that it is proprietary! And so, I doubt RMS will ever approve it... Anyways, back to the point... I was there for his talk and also downloaded the ogg back when it was available and here is a short transcript of what he had to say about Torvalds. After insisting that GNU be included in the name of the distribution to give credit to the free software developers and to avoid confusion, he said "This confusion led people to think that the whole system was Mr. Torvald's work and [..] think that the whole system came from his vision of the world." And continued with...

      "Torvalds does not support the ideas of freedom that I have been telling you about. He never did. [..] He calls himself apolitical which refers to the political position that we should make important political decisions according to short term practical convinience. He says he values powerful reliable software and that's all. He is against the idea that all users should have freedom and he has demonstrated this by conspicious involvement with non-free software. Ten years ago, he worked for a company in which his job was to develop non-free software. Five years ago, he used a non-free program in a very public way for the development of Linux which sent the wrong message to the community and I criticised him for that. Well, he has the right to his views. [..] What I object to is that people think that our work was done by him and when our work serves as the platform for him to state his views and to drown us out. And that's what happens if you call the system Linux. It's not fair to do that because it means you are failing to give us credit for our work. [..] So please call the system GNU/Linux or GNU+Linux. [..] But, there is something more important at stake and that's called freedom. There are people who would like to take away your freedom. The only way to keep your freedom is if you are prepared to defend it. "

    49. Re:duh by markov_chain · · Score: 1

      Hate to butt in but that conclusion just doesn't follow.

      --
      Tsunami -- You can't bring a good wave down!
    50. Re:duh by ThJ · · Score: 1

      I didn't let his specific wording affect my judgement. People overstate things all the time.

    51. Re:duh by QuantumG · · Score: 1

      That's great. He is a troll, he admits it himself. It's off topic.

      --
      How we know is more important than what we know.
    52. Re:duh by QuantumG · · Score: 1

      If you swear to an oath to God and you don't believe in God then you are lying. If you think this is an ok thing to do, then you are amoral.

      --
      How we know is more important than what we know.
    53. Re:duh by perturbed1 · · Score: 2, Informative

      Wow. I thought the whole world had heard about this one... Any google search on Torvalds and bitkeeper will tell you: http://www.infoworld.com/article/05/05/02/18OPopen ent_1.html

    54. Re:duh by Omnifarious · · Score: 1

      I also thought that was highly amusing. What on earth does he expect?

      I'm starting to really dislike Linus. He's becoming arrogant in a way that's not very productive, and he doesn't really understand the moral issues surrounding software. The whole Bitkeeper debacle could've been avoided if Linus had a clue. Of course it resulted in people creating a number of high quality distributed version control systems that are better than Bitkeeper, but still...

      Free Software is defeated just as much by Treacherous Computing as it is by people appropriating it and selling it. Sure you can hack your hardware, but in many cases this has been made illegal, and not many people can do this anyway. Totally against the spirit of Free Software all around. It messes with Freedom 0 in a really bad way.

    55. Re:duh by queequeg1 · · Score: 1

      Exactly. It is pretty hard to come up with any laws common through much of the world that are not based in morality (laws against theft, assault, murder, etc.). Even statutory schemes that appear to be primarily economic are often based on morality. For example, worker's compensation laws are generally based on the idea that it is immoral for employers to profit from the blood of their employees (at least not without paying something in return).

    56. Re:duh by khallow · · Score: 1

      I dunno. !religion == nihilism, near I can tell.

      I don't even know where this idea comes from. Probably part of the process of demonification of patterns of thought different from your own. Just because you can't understand a nonreligious point of view doesn't make it nihilistic.

      If you deny an objective meaning to life, all is subjective, no?

      If there isn't an objective meaning to life to deny, then what's subjective this train of thought?

      People of all stripes can, and do, rationalize anything under the sun.

      And? I hope you aren't claiming that religious people are somehow more immune than nonreligious people to rationalization.

      So, if you hold no authority for right and wrong beyond your momentary whim, what is the difference between Mother Theresa and Mohammed Atta?

      Authority? You are your authority. You have a good idea what is right and wrong. You can emphasize with fellow beings and understand their plights and desires. It is absurd to turn away from this merely because there might not a higher authority to back you up.

      Come on, let's see the mental gymnastics routine, please.

      What mental gymnastics? What's supposed to be hard here?
    57. Re:duh by Lemmy+Caution · · Score: 1

      There is nothing per se religious about morality. It could even be argued that religious bases for determining the rightness or wrongness of an act are generally immoral, because they refer to something outside of the question of the act itself to determine rightness and wrongness (the most obvious case: someone who does the "right" thing to avoid damnation or punishment has no morality except "avoid damnation and punishment.")

      Morality is implicit in many discourses that aren't obviously about morality, either. The decisions you make each reflect your personal moral universe, even if they decisions themselves aren't about "right and wrong."

    58. Re:duh by maxume · · Score: 2, Insightful

      That article just emphasizes my point, that Bitkeeper was only a problem if you are mainly concerned with "Freedom". Linus isn't. He had a some-guy-screwed-up-my-free-license-for-software-I -use problem.

      --
      Nerd rage is the funniest rage.
    59. Re:duh by doshell · · Score: 1

      "!Religion == Nihilism" is complete nonsense.

      Being religious isn't a requirement for having a meaning to life. What about the pursuit of knowledge and happiness for mankind (or even for oneself)? There's nothing directly connected with religion in that; yet I'm sure most people, religious and atheist alike, would agree that's something worth living for.

      The concept of right and wrong has nothing to do with religion, either; it follows from being part of a society that some things aren't acceptable (it's not acceptable to steal someone, because one has the right to keep their things, and not because some higher being told me so).

      One can both have a reason to be here and a notion of right and wrong while being an atheist. We just choose not to base our beliefs in legends, gods and other imaginary beings, because they are not essential to our view of the universe, and can be discarded with no loss of understanding.

      --
      Score: i, Imaginary
    60. Re:duh by jforest1 · · Score: 1

      That's been debated since Plato. Don't pretend to know the answer.

      --josh

    61. Re:duh by jforest1 · · Score: 1

      I have no idea how Linus can call them hypocrits. He didn't! RTFS, he called them "hypocrites!"

      ~~~ducks~~~

      --josh
    62. Re:duh by Freed · · Score: 1

      >Yes, and we all know that wikipedia is the be all and end all of knowledge.

      Alright, pick whatever source you want for a definition, and see the error of your ways. Already others are busy ripping you a new one over your show of ignorance. Good thing for you that you posted as an AC.

    63. Re:duh by melikamp · · Score: 1

      because some believe that proprietary software is impractical to progress. That doesn't necessarily translate into morality, especially when seen from a purely objective standpoint.

      That progress is good, i.e. that we ought to make choices which favor continuing progress, is a moral statement by definition. No ought from is.

    64. Re:duh by SpacePunk · · Score: 1

      --------------
      And while I may not agree completely with the language of GPLv3, it still seems perfectly consistant with the moral view that RMS has been expressing since the 80s. Every new thing in GPLv3 is there to try to close a loophole that allowed someone to not grant the rights RMS believes users should have. I have no idea how Linus can call them hypocrits. I was with him more when he was simply saying that it was misguided.
      ---------------

      He calls them hypocrites because the license has become actually less free rather than more free. It's full of restrictions, and restrictions are not free. Go ahead and try to deny that, you'll just make GWB jealous.

    65. Re:duh by Gulthek · · Score: 1

      Sure you have that right and more power to you, but not in a court of law when you are swearing that you are telling the truth and implying that the oath you are swearing on the Bible is actually meaningful to you.

      Essentially you're saying it's ok for you to lie and that we shouldn't judge you for it.

    66. Re:duh by Hal_Porter · · Score: 1

      A video of his talk *used* to be available in the free ogg format through this site. But then someone probably high up in IT, objected evidently, and they sent off an e-mail to RMS, asking him to approve that it should also be released in the CERN-IT approved standard formats. Now, I dont know what that format is, but I am guessing that it is proprietary! And so, I doubt RMS will ever approve it

      Bwahaha.

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

      He declares himself to be an atheist. His introducers last night (at the Green Party National Meeting) however insisted that he was spiritual. That was some fun schtick.
      --
      For Sun worshipers (or electron junkies): http://mdsolar.blogspot.com/2007/01/slashdot-users -selling-solar.html

    68. Re:duh by Hal_Porter · · Score: 1

      That's exactly why they get you to swear on a bible.

      And if you don't believe in the sanctity of that act then you've got no right doing it. You should ask for the option of making an affirmation instead.


      What happens if you believe in a Spinoza/Einstein non personal God? Swearing an oath to an abstract concept seems ok to me, e.g. swearing an oath to Democracy or Science.

      Or what happens if you believe you are personally the One True God? Then you'd be swearing an oath to yourself. Which seems consistent, albeit a sign of serious mental illness.

      Do you have a right to do it in those cases? Please reply quickly, I have some harder ones for you to answer later.

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

      People overstate things all the time.
      I agree with you there. By the way, you should check out an inferior open-source program called Firefox. It's an internet browser, and it has a built-in spell checker. It would have informed you that there is no "e" after the "g" in judgment.
    70. Re:duh by QuantumG · · Score: 1

      As your hand is on a bible, I'm thinking that swearing your oath to any other God than the one that is portrayed in that bible would be dishonest. :)

      --
      How we know is more important than what we know.
    71. Re:duh by Anonymous Coward · · Score: 1, Funny

      One time my sister was at a convention and RMS walked by and saw her using a Mac, and he kicked her so hard her fetus was aborted. Did I mention she was pregnant? Yeah. True story.

    72. Re:duh by Hal_Porter · · Score: 1

      You realise he's saying that these are things which he personally considers to be immoral but should not be illegal since they don't infringe one someone else's rights, right?

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

      You know what they say about assuming?

      When you assume you make a reasonable prediction based on past experience? ;)

      --
      .evom ton seod gis eht
    74. Re:duh by Rutulian · · Score: 1

      Well, there's not a lot of context in the article, but piecing things together, I'd guess that what has Linus ticked off is not injecting personal morality into the license, but forcing others to accept that license and by extension their personal morality.

      What are you talking about? Nobody is being forced to accept the license. If you are writing your own code, you can use any license you want. If you are distributing gpl'd code, you have to adhere to the gpl. If you don't like the gpl, don't distribute gpl'd software. It's fairly simple, and everybody has the option to avoid the gpl if they so choose.

      Microsoft tried to exploit a loophole in the gpl to play their little patent game. They fully deserve anything that might be coming to them. They knew gplv3 was being drafted and what it might imply well in advance of their patent deal. Also, the rules haven't changed for the particular versions of the software that they made the deal with (at least those without the "gplv2 or later" clause). Only new versions of the software licensed under gplv3 will cause problems for them. Quite frankly, the changes with gplv3 are a lot "fairer" than Microsoft has ever been with license changes in its own software.

    75. Re:duh by Attila+Dimedici · · Score: 2, Insightful

      Define right and wrong. What makes an action right? What makes an action wrong? Who are you to say so? What source do you go to to determine the answers? Your definition of morality is circular logic. "This is the moral thing to do because it is the right thing to do." "This is the right thing to do because it is the moral thing to do." These sentences are the same, and neither one says anything.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    76. Re:duh by Hal_Porter · · Score: 1

      As your hand is on a bible, I'm thinking that swearing your oath to any other God than the one that is portrayed in that bible would be dishonest. :)

      Suppose you were in a society that worshiped Harry Potter and they asked you to swear on a Harry Potter novel. Would that be dishonest? Suppose it was a somewhat fundamentalist place and they had no alternative to doing it, to the extent that refusing to swear on it would lessen your chances of a fair trial, or even just distract people from the facts of the case. Then even if it was somewhat dishonest it is essentially a white lie, told to lubricate things socially. Like answering "No" when your girlfriend asks if she looks fat in these pants.

      Seems to me if I wanted a fair trial or to stay in the relationship I'd tactfully avoid stating the truth in both those cases.

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

      So you're telling us that you would lie in a court of law, not only about your innocence or guilt, but also about the most sacramental part of the legal process.. and that you feel the whole this is so trivial you compare it to keeping your girlfriend from crying.

      Wow, that's some upstanding behavior there.

      --
      How we know is more important than what we know.
    78. Re:duh by iabervon · · Score: 1

      I wonder if he used vi or emacs to to write that....
      /me ducks


      He almost certainly used pico, since he sends email with pine. If he wrote it as a text file outside his mail client, he probably used uemacs, which is what he normally uses for code. (I know the question was rhetorical, but the literal answer is apropos.)

    79. Re:duh by jazzis · · Score: 1

      Mod Omnifarious as +10 insightful.
      Linus needs a clue!

    80. Re:duh by Speare · · Score: 1

      That's funny, because I have always seen the "sign your life away" provisions to be the worst part of the FSF and the GPL. Sure, they say they're doing it "for your own good", but that's like your family asking you to sign the committal papers. There's no such thing as a benevolent dictatorship; I will keep my rights to my works, even if there's more trouble involved in the face of a dispute, thank you very much.

      --
      [ .sig file not found ]
    81. Re:duh by poopdeville · · Score: 1

      Unlike, say, "Only religious fanatics and totalitarian states equate morality with legality"? RMS and the FSF have always said they intended to use the legal system to protect their moral rights. That's why the GPLv2 exists in the first place. And it's why the GPLv3 exists too.

      Linus was free to choose any license he wanted in the early 90s. And he's free to try to change the kernel's license (though it's a difficult task). The FSF's migration to the GPLv3 doesn't affect Linux's licensing at all unless people go far out of their way to change it.

      Linus had a hissy fit, since he thought other projects would side with him.

      --
      After all, I am strangely colored.
    82. Re:duh by Antique+Geekmeister · · Score: 1

      Richard does approach this from a moral standpoint, it's clear.

      But for Linus to say law is not based on morals is... amazingly wrong, and shows a real failure to think about it if that's his real belief. Laws without moral codes are like programs without output. The laws have to be based on something. The common good, the rights of the individual, freedom of speech, ownership of property, etc. are all moral issues that the law balances. Laws also change to support moral changes: slavery is a prime example of this.

      Decrying a law or rule merely because it has a moral basis ignores the whole of human history, and is like ignoring a computer program because it uses the number "0".

    83. Re:duh by Adambomb · · Score: 1

      I see what you mean, I just always categorized anything that had absolutely 0 discrete impact on anyone but the individuals consenting to the behaviour as not involving morality to begin with.

      --
      Ice Cream has no bones.
    84. Re:duh by dryeo · · Score: 1

      If RMS only wanted all software released with source code that would be fine but he gets pretty anal about the source code being released under a license that he likes.
      One example is OpenSSl released under the OpenSSL license. Seems that you have to mention the authours in the documentation or in the program (maybe in the about?). Other then that you can do whatever you like with the source though you might have to rename it to a different name. Sounds pretty free to me. Yet it is incompatible to the GPL.
      This really pissed me off because I was compiling glinks for somebody. Did not change any source code, just ran configure --various options, make and made a dist out of it. Configure found my stock openssl as well as zlib, jpeg, gif, png etc and linked them. I include the DLLs with the dist as there are a few different versions floating around of these DLLs.
      Later I read here about openssl not being compatible with the GPL so I broke the GPL. All source code was freely available and built with no modifications. I included some source in the dist and pointed to the rest and the glinks authours had written their software to use openssl yet I was not free to distribute the software with source.
      This is when I realized just how limiting the GPL is.
      Freedom is not defined by limits. I really think that the GPL is an excellent license for many situations but to equate it with freedom? Lets be honest the idea is to spread a philosophy ( a pretty good one at that) but it is not freedom.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    85. Re:duh by Jah-Wren+Ryel · · Score: 1

      Talk about having blinders on - Free software explicitly prevents "some-guy" - be it the legal owner of the software or any other 3rd party - from creating problems like that.

      --
      When information is power, privacy is freedom.
    86. Re:duh by QuantumG · · Score: 1

      Well, the GPLv3 specifically addresses this issue and makes it compatible to link such things. There's a nice little list of what is an ok restriction in there, but you can't add more things to it (until the next version). This is to stop people from saying "oh, and if you copy this, you have to pay me a royalty."

      --
      How we know is more important than what we know.
    87. Re:duh by Hal_Porter · · Score: 1

      It's not lying. I'm not a Christian which is not important to the court, but I would tell the truth which is. So I'm swearing the oath in good faith. It's not like I'm some liberal post modernist who doesn't believe in God or truth, or anything else. I'm actually pretty close to the Christians on those sorts of things. Whether the Spinoza/Einstein conception of God is the same as the Christian one seems to me to be a fairly meaningless question, since we're dealing with the ineffable here.

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

      I'm obviously not making this clear. That bit at the end of the oath, "so help you God", and having your hand on the bible, that's what the oath is all about. The alternative, an affirmation, exists and is just as strong, but you're saying that you'd rather just go along with the oath, even though to you it is just a farce. You don't believe in God, so it is simply dishonest of you to swear an oath to Him.

      --
      How we know is more important than what we know.
    89. Re:duh by msuarezalvarez · · Score: 1

      I don't know if the GP realises that or not, but I'd say that the list of things the GGP considers immoral is enough for me to conclude that his idea of morality is so different from mine that whether he believes those things to be illegal or not becomes pretty irrelevant.

    90. Re:duh by NoOneInParticular · · Score: 1

      I'll deny it, with ease. The GPL is about the freedom of the end-users to tinker with the source code, and does this by restricting the freedom of the distributors. Would a society that allows slavery and murder be more or less free than a society that doesn't? Your freedom to swing your fists stops at the end of my nose.

    91. Re:duh by Hal_Porter · · Score: 1

      You don't believe in God

      I believe in the Spinoza/Einstein idea of a God.

      so it is simply dishonest of you to swear an oath to Him.

      LOL! You sound like you want to burn me at the stake or something! Surely my religious beliefs shouldn't affect my equal access to justice?

      And do you really believe he, sorry He, gives a shit that you capitalize 'Him' like that? Where in the bible does it tell you to do that?

      The alternative, an affirmation, exists and is just as strong

      No it's not, at least in America. Most Americans are Christian, and react as irrationally as you do at any suggestion that someone's religious beliefs are not identical to theirs. George H W Bush said that atheists shouldn't be citizens for example. If I were in a muslim country, it would be even more important to play along with majority religion, or more likely pick the closest religion on offer to my personal beliefs. And essentially we are arguing about quantization errors. Most people have such a simplistic conception of religion that there is some difference between what each of the options on their list and what I actually believe. I can minimise it by picking the best option but not make it zero.

      E.g. in the UK, I'd go for this one which mentions God but is not explicitly linked to an Abrahamic religion

      http://www.cjsonline.gov.uk/juror/walkthrough/the_ court/faqs/index.html#2277
      I swear by Almighty God that I will faithfully try the defendant and give a true verdict according to the evidence

      There is this -
      Affirmation I do solemnly, sincerely and truly declare and affirm that I will faithfully try the defendant and give a true verdict according to the evidence

      But it is too atheist.

      And practically, how can you possibly tell if I'm being dishonest in the oath or affirmation I pick? I could be lying outside court about my religion for example, and telling the truth inside. Which is ok - it's only illegal to lie in court. So you couldn't use my statements outside court to prove I deliberately picked the wrong oath. Plus you have no idea about who I really am, and I've already said I wouldn't mention these sorts of issues if I were going to court, just pick the best sounding oath or affirmation on offer.

      Seriously, you'd be better off worrying about how many angels can dance of the head of a pin than worrying about this stuff. This isn't the Middle Ages!

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

      ...it is more about DRM and stuff like that than what was the case with GPL 2.

      Not really. The GPLv3 merely states that which the GPLv2 left implicit (and thus legally unenforcable); namely, that the user is supposed to be able to actually use the modified code on his device.

      --

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

    93. Re:duh by mrchaotica · · Score: 1

      No right? I have every right to pick up any book and swear oaths to any made up or real person I feel like.

      Go ask a lawyer to explain "perjury" to you, because you obviously have no fucking clue what your rights are (or more to the point, aren't).

      --

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

    94. Re:duh by mrchaotica · · Score: 1

      Define right and wrong.
      • Right := whatever is best for me.
      • Wrong := alternative actions other than the one defined as "right"

      It may not be a definition you agree with, but it is a valid one. Besides, combined with a "big picture" understanding of your role in society and appreciation of concept of the Golden Rule (which, although described in the Bible, is not itself a religious concept), the decisions that result are nearly indistinguishable from those derived from religious indoctrination.

      --

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

    95. Re:duh by LuSiDe · · Score: 1

      It's full of restrictions, and restrictions are not free.
      One could argue what matters is 1) the purpose 2) the effect of the restrictions. Compare with e.g. BSD license and public domain.

      There was one US mason who said something among the lines "those who sacrifice freedom for security deserve neither". The GPL, the BSD license, essentially sacrifice freedom indeed for security.
      --
      WE DON'T NEED NO BLOG CONTROL.
    96. Re:duh by LuSiDe · · Score: 1

      Once again the FSF are ahead of the game - by asking GNU contributors to please contribute their actual copyright to the FSF. That's how come the FSF don't take legal cases where some scumbag corporate is redistributing Linux without respecting the GPL (ie., illegally): they don't own the copyright on the kernel. (Fortunately lots of the basic toolchain are FSF's so in those circumstances there's generally enough FSF code to actually stop the bastards getting away with it.)
      Until Moglen and Stallman become crazy, or some evil alien infiltrates and takes over the FSF, after which they release the GPLv4 or GPLv5 with different terms. Suddenly, all "or later" code is available under this new license as well. Perhaps the new license is something like

      * Copyright (c) ,
      * All rights reserved.
      *
      * Redistribution and use in source and binary forms, with or without
      * modification, are permitted provided that the following conditions are met:
      * * Redistributions of source code must retain the above copyright
      * notice, this list of conditions and the following disclaimer.
      * * Redistributions in binary form must reproduce the above copyright
      * notice, this list of conditions and the following disclaimer in the
      * documentation and/or other materials provided with the distribution.
      * * Neither the name of the nor the
      * names of its contributors may be used to endorse or promote products
      * derived from this software without specific prior written permission.
      *
      * THIS SOFTWARE IS PROVIDED BY ``AS IS'' AND ANY
      * EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
      * WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
      * DISCLAIMED. IN NO EVENT SHALL BE LIABLE FOR ANY
      * DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
      * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
      * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
      * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
      * (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
      * SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
      What if you released software under the GPLv2, the GPLv3 was just released, and *gasp* your name is Linus Torvalds and you don't like the GPLv3? Then you're lucky (or wise) you didn't have the "or later" clause in your software. Your software is now released only under the terms of the GPLv2. The same may be true for many other programmers whereas the reverse (developers happy with GPLv3 while not having the "or later" clause) may also be true.

      I admit its difficult to contact hunderds or thousands of developers, but its possible hence doable. These developers programmed the code; they should have a say whether they wish to accept the GPLv3 or not. I believe in decentralized power even if this means there is (slightly) more work. Hence, I believe Torvalds method (removing "or later") is better. I don't trust a big organisation having control of so much lines of software. If I would, I'd opt for "or later" or something more liberal such as the BSD license.
      --
      WE DON'T NEED NO BLOG CONTROL.
    97. Re:duh by mrchaotica · · Score: 1

      that Bitkeeper was only a problem if you are mainly concerned with "Freedom".

      No, Bitkeeper was a problem because it had the possibility of becoming costly to use, which eventually came true. From a purely practical perspective, you can't be requiring volunteers to incur costs just for the "privilage" of contributing their work for free! This situation, and myriad others like it, are real, practical risks with proprietary software, which decrease its utility compared to Free Software regardless of your particular ideology.

      --

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

    98. Re:duh by the+not-troll · · Score: 1

      Removing the "or later" creates more problems than it solves because you can't possibly move to another license unless you first create a procedure for doing so (or do the senseless work of rewriting the code). A possible method, of course, would be assigning the copyright - but if you don't trust the FSF to not change the license in a bad way, you won't trust it to make good use of your copyright. However, if you don't trust a benevolent organization like the FSF, how will you trust anyone else to do it right? There is quite a difference between informed caution and being paranoid, you know.

      While one might need to ask a lawyer, I think it would be held that changing to a license completely different in spirit would not be in the intent of the licensor and thus be held invalid. If not, you can still try something like "...or later, provided the spirit of the license is preserved.".

      --
      In Soviet Russia, government controls corporations.
      In Capitalist America, corporations control government.
    99. Re:duh by maxume · · Score: 1

      Yeah, I get that, I'm just not real comfortable with the momentum it is gaining as the *only* way to do that in so many people's minds.

      It's like murder. The fact that it is illegal isn't really what keeps most people from committing it, and the fact that there needs to be a law to stop some people isn't anything to be proud of.

      --
      Nerd rage is the funniest rage.
    100. Re:duh by mvdwege · · Score: 1

      Morals have no place in an argument about rights and law. Rights are self evident and law exists to protect them.

      You do realise that holding on to that contradiction just shows how fucking stupid you are, right?

      I'll spell it out for you, so that you can see just what a moron you are: if rights are self evident and law exists to protect them, it is therefore ipso facto the right thing to do to protect and respect rights, and the wrong thing to do to violate them. This is a moral judgment.

      If there is no moral basis to judge respecting or violating rights, then the expression of protection of these rights in law becomes a mere expression of the preferences of those who wrote the laws.

      Since you keep denying the latter proposition, you are left with no other possibility than to affirm that morals do have a place in a discussion on rights and law. But seeing as that you deny that also...

      Now, I wouldn't mind if you hadn't seen that contradiction, and were just honestly mistaken. But since you start blabbing about the philosophical basis of the US Constitution, name-dropping John Locke of all people (who definitely believed that morals had a place in a discussion on rights), your utterances must be judged in that context, and they make no sense at all.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    101. Re:duh by mvdwege · · Score: 1

      Not quite.

      It is possible to deny the moral underpinnings of law. However, you then end up in Nietzschean nihilism: morality is whatever you have the power to enforce; those who have the power to write the law decide what is moral and what not.

      We all know that there is only one possible final outcome to that kind of thinking.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    102. Re:duh by squiggleslash · · Score: 1

      But in this case the language is appropriate. Torvalds is only promoting the "freedom" of people who want to restrict the freedom of everyone else. This is not remotely like our President's attempts to oversimplify the motives of those who have attacked America by raising issues of little or no relevance.

      There's little different in the approach to freedom taken by GPLv3 than that of GPLv2, so Torvalds's stance is self-evidently hypocritical. Meanwhile, he's attacking the GPLv3 authors as "hypocrites" for putting up restrictions against those who'd restrict others, a position that strikes me as similar to protesting that laws mandating imprisonment for crimes of kidnapping and hostage taking are "hypocritical". It's a weird, juvenile, position, of the type most of us grew out of as teenagers.

      --
      You are not alone. This is not normal. None of this is normal.
    103. Re:duh by trolltalk.com · · Score: 1

      "You know, when I write code for my University I lose the copyright on that, too, but at least I'm compensated for it..."

      Not necessarily. If you're a student, stick your copyright notice on it when you write it, and there's not much they can do about it. Come to think of it, stick a formal copyright notice on EVERYTHING you write that you submit to them. (On slashdot, there's already a notice saying that posts are the property of their owners, so you're reasonably okay here).

      Even if you're not a student, and you're writing it for a living, work-for-hire, etc., still stick your notice, like this:

      /* Copyright Notice
      ** Written by Chibi Merrow.
      ** Copyright assigned to University of Whatever.
      */

      It makes it clear who to blame, and future maintainers will appreciate it :-)

    104. Re:duh by trolltalk.com · · Score: 1

      "Tivo is evil because you can't recompile the kernel"

      You're free to recompile everything tivo uses, including the kernel - it just won't run on THEIR hardware. Nothing prevents you from reusing their source code in YOUR projects. This whole "Tivoisation jihad" has gotten ridiculous.

      Think medical devices. You have to GUARANTEE that the kernel hasn't been altered. What Tivo did would allow medical devices to run linux with that guarantee, while still leaving the source out there for anyone else to learn from and improve. Or would you rather leave the field of medical devices to Windows (where a crash can be fatal) ... Microsoft would LOVE the kernel to go GPL v3.

      For this alone, the GPL v3 is just plain stupid. Its politics - trying to extend a software license to hardware. RMS has done a lot of good, but now he's drinking the purple flavorade, and dragging a lot of people down with him.

    105. Re:duh by Freed · · Score: 1

      >Define right and wrong. What makes an action right? What makes an action wrong? Who are you to say so? What source do you go to to determine the answers?

      You clearly cannot be bothered to consult even the most elementary discussions of these points. If you are so sure of yourself, why not just "correct" the Wikipedia entry? It will be amusing to see how your attempt fares on the Discussion page. Even more troubling than your own sloppy thinking are the fools that modded your comment insightful.

    106. Re:duh by Attila+Dimedici · · Score: 1

      I was replying to a poster who said that morality does not require religion. If morality is not based on religion, where does its authority come from? What makes said morality normative? I have yet to see an answer to those questions. Different religions rest the authority of their moral code on aspects of the religion (usually God, but I am not sure about Buddhism it has been to long since I examined Buddhism's belief structure). If you have a religion free morality, what gives it authority to change people's behavior? Or are you one of those people that says "We shouldn't impose our beliefs on others"?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    107. Re:duh by LuSiDe · · Score: 1

      Removing the "or later" creates more problems than it solves because you can't possibly move to another license unless you first create a procedure for doing so (or do the senseless work of rewriting the code).
      ..but its possible, and its more senseless to put someones code under a different terms than the terms of the license they released it with.

      A possible method, of course, would be assigning the copyright - but if you don't trust the FSF to not change the license in a bad way, you won't trust it to make good use of your copyright.
      You can assign to a 3rd party. I think this is what corporations, in general, do when you develop FOSS for them. But, I would prefer to not see such centralisation for similar reasons as the issue with FSF.

      However, if you don't trust a benevolent organization like the FSF, how will you trust anyone else to do it right? There is quite a difference between informed caution and being paranoid, you know.
      That is precisely the point of Torvalds, others, and was my point in my previous post: some regard Stallman as a lunatic, and some simply do not believe the FSF is a benevolent organization. Besides, as I mentioned, a hostile takeover is possible. Stallman and Moglen pass away eventually. What then?

      I think it would be held that changing to a license completely different in spirit would not be in the intent of the licensor and thus be held invalid.
      You think, why exactly...? What if I'd argue the GPLv3 is not in the spirit of GPLv2? There is a mechanism if you want to evade what you point out here: you remove the "or later" clause!

      If not, you can still try something like "...or later, provided the spirit of the license is preserved.".
      This has no legal grounds whatsoever.

      While one might need to ask a lawyer
      That, or play safe.
      --
      WE DON'T NEED NO BLOG CONTROL.
    108. Re:duh by Furry+Ice · · Score: 1

      Google returns zero hits on the quote, "Charging for software is a crime against humanity." I'd like to see the actual quote if that was just a mistaken transcription from memory but RMS really did say something along those lines. I have always understood that RMS was OK with people charging for their software, although the requirements of the GPL do ultimately make it possible to obtain the software free of charge, because anyone who receives the software (through purchase or otherwise) can redistribute it to a third party free of charge.

    109. Re:duh by Chris+Burke · · Score: 1

      It's full of restrictions, and restrictions are not free. Go ahead and try to deny that, you'll just make GWB jealous.

      Haha. Okay, this will be easy. The 13th Ammendment restricts you from owning slaves. Therefore the 13th Ammendment made you less free? Or did it make everyone more free? In order to ensure that everyone is free, we must all be restricted from taking freedom from others. This is a simple principle.

      GPLv2 was designed to make software users free by preventing anyone from taking away their freedom. The only restrictions GPLv3 adds are to close loopholes that allowed people distributing GPLv2 software to not grant the freedom to users that the GPLv is supposed to protect. If there was a legal loophole that still allowed for slavery, I hope you wouldn't consider closing it becoming less free.

      --

      The enemies of Democracy are
    110. Re:duh by Freed · · Score: 1

      >If morality is not based on religion, where does its authority come from?

      While one can claim that there is no absolute morality, need that imply that everyone adopt moral relativism?

      IMHO, the biggest single factor that complicates that implication is that people tend to cluster in social groups--families, kinship groups, nations, etc. In this context, moral relativism will give way to a general consensus on any of several systems of morality, of which only some happen to be religious. I refuse to argue for the point that civilization tends to happen. You must either accept it, or we will have to agree to disagree.

      A system of morals requires no religion but only a few assumptions. E.g., assume that the best criterion for the rightness of an act is how little overall suffering (human or nonhuman) it causes. Assume that the degree of suffering is proportional to the sentience of the beings affected.

      Thus, I have defined a system of morals that begins with two assumptions and is implemented by an application of reason to whatever issues come up. If you are looking for an "authority", I can claim it is those assumptions and ordinary reasoning. While you are free to reject my system, you will have to admit that it is a non-religious system of morals and that you should retract your claim that morality requires religion.

      Indeed, I only needed to appeal to moral relativism; it vacuously shows that morality does not need religion. However, for any society, the simple-minded system that I defined is more useful than moral relativism.

      I suggest that you read a book on ethics such as something by the contemporary philosopher Peter Singer and that you then help disabuse other people of faulty notions, such as morality requiring religion.

    111. Re:duh by gpuk · · Score: 1

      Why should religion equate to authority? Also, why should your interpretation of morality be used as a vehicle to change the behaviour of others? Morality is subjective and ultimately an internal judgement on how to conduct your life and your interactions with others. I have never understood why the 19th century christian missionaries in Africa assumed it was ok to rampage around the continent actively imposing their world view on the locals. As you can see, I'm not religious but I think, to borrow a phrase, I have a pretty good moral compass. My guiding mantra is simply to do as you would be done by and all my moral judgements and decisions follow on from this. It works for me.

    112. Re:duh by Chibi+Merrow · · Score: 1

      Actually I never said I thought they were immoral. The person I was responding to put "immoral" in quotes so I was giving him examples of "immoral" acts which don't infringe on other people's rights, not acts that I found immoral. The point is that SOMEONE finds them "immoral", and therefore if we used morality to determine "rights", "rights" would become arbitrary.

      I think you need to re-examine who's the ignorant one here.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    113. Re:duh by Chibi+Merrow · · Score: 1

      Actually I didn't even intend that I thought they were immoral, just that SOMEONE thinks they're immoral and therefore if we used morality to determine rights the whole damn thing falls apart. I think this guy has Christian Persecution Syndrome or something.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    114. Re:duh by Chibi+Merrow · · Score: 1

      Hehe well I'm a student as well as an employee. The stuff I was referring to is software developed for use by the VR Lab, which the copyrights do belong to the university. And anyone can look in the Subversion logs to see what I've written... :P Subversion keeps your mistakes FOREVER...

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    115. Re:duh by Attila+Dimedici · · Score: 1

      Peter Singer is a man who believes that infanticide is ethical under the correct circumstances. In my opinion, Peter Singer is a demonstration of what happens when you try and build a moral system without a religious basis, the moral system supports doing whatever it is you want to be able to do. When I look at the developments of Peter Singer's "ethics" over time, I see a man who started with "Since abortion is morally right...". In my opinion, using Peter Singer's logic. anything can be justified as morally right. In your moral system you have defined how to judge if something is "right", but you have not defined what "right" means. You have substituted one undefined word, "moral" , for another, "right".

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    116. Re:duh by Attila+Dimedici · · Score: 1

      That's fine, as long as you don't expect me to live by it. The reason that 19th century Christian missionaries assumed it was ok, was because their moral system told them it was not only ok, but imperative that they do so. Your moral system seems to say that people shouldn't judge other people's moral systems. If that is the case, why are you judging the moral system of 19th century Christian missionaries? BTW, the morals of 19th century Christian missionaries is why we don't have slavery anymore. The abolitionist movement grew out of the same moral imperative that led those Christian missionaries to Africa and Asia.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    117. Re:duh by Freed · · Score: 1

      >In your moral system you have defined how to judge if something is "right", but you have not defined what "right" means.

      Yes I have (implicitly): "right" is the general consensus of people in a society on criteria by which to decide how to act. The consensus is only a high enough percentage of the society's members so as to provide minimal legislation to maintain some semblance of civilization. People will diverge on details of morality beyond those which the law embodies because of reasoning errors and different weights that they assign to their guiding assumptions. I suppose my definition is in line with social contract theory, but within this theory I tend to lean toward utilitarian considerations.

      You have shown some of your disagreement with Singer, but Singer is not circular either: he clearly lays out his assumptions, and I suspect that you disagree with those somehow. While Singer has plenty of critics, don't you think that after all of these decades a basic error in _circular reasoning_ would have already been brought to light?

      Again, you will have to retract your original claim that morality needs religion. Accepting your claim is tantamount to accepting a religion, i.e., of accepting something on blind faith.

      Another simple example of a morality without a religion: "right" is whatever is legal. This morality's authority is the law. While it is not my morality, it is an important one and is independent of religion.

    118. Re:duh by SanityInAnarchy · · Score: 1

      If you don't believe that proprietary software is immoral (and Linus doesn't) then you don't follow RMS. Why use his license?

      It's not that I believe that proprietary software is necessarily immoral. However, I do believe that some is -- DRM, for instance -- and it's much harder to create free software that's immoral.

      So my position is clear: If you want me to develop your proprietary software, then pay me for it. As in, a salary. Then all my base are belong to you.

      Otherwise, you're certainly free to develop your proprietary software, but I'm not helping you -- not for free.

      I think I have a new sig, then: "Not with my code."

      --
      Don't thank God, thank a doctor!
    119. Re:duh by Attila+Dimedici · · Score: 1

      By your definition the Nazi's were moral. In my opinion there are several flaws with your "morality". The primary one being that "moral" is whatever the general consensus of society says it is. So when abolitionists first worked to free slaves on the Underground Railroad were immoral, because the consensus of society at that time was that slaves were property. "Another simple example of a morality without a religion: "right" is whatever is legal. This morality's authority is the law." By this definition, the Holocaust was morally good, because it was the law of Germany at the time. So Germans who assisted in the mass murder of Jews and others were behaving in a moral manner if they accepted Ultimately, when you say something is "moral", you are saying something completely different than I am. When I am saying that something is morally right, I am appealing to a standard that I believe applies to all people at all times. I may be wrong about what that standard is, but I believe that it exists, independent of whether I believe in it or not. When you say that something is morally right, you are saying that you prefer to live in a world where people behave that way.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    120. Re:duh by Freed · · Score: 1

      >When I am saying that something is morally right, I am appealing to a standard that I believe applies to all people at all times.

      The one system that I mentioned that is based on two assumptions involving minimal suffering could just as easily be a morality that someone believes should apply to all people at all times. Some people may appeal to this standard and the authority of the assumptions and reasoning. Such an appeal needs no religion at all. Some people believe in the standard of the Golden Rule, and they too may believe that it applies to all people at all times. No religion required.

      I am not a moral relativist because I think it conflicts with the notion of civilization. Thus, I believe, with every bit as much justification as any religious person, that there is an ideal system of morality. What is it? I'm not sure, but that is what the ethicists like Singer are for: to help people learn how to think about these issues. Just because you or I believe he is wrong about some issues does not imply that the process of deliberation that he uses is incapable of finding the ideal system. It could be that some of his assumptions are incorrect. An ethicist may be, unlike Singer, a religious believer and still may help us toward the ideal system. But none of this is to say that religion is required. You are implicitly asserting that any such process of deliberation is doomed to failure without a religion. Such an assertion must come from blind faith.

      Moreover, how can your standard apply to those who lived before the invention of whatever religion you have in mind? How do you even know what the earliest religious developments were? More generally, how do you account for ignorant people?

      The same criticism might be leveled at me; that is, our best guess of an ideal morality today comes with the benefit of hindsight and thought that previous generations did not enjoy. However, I see it as a moot point. Ethics ultimately is an approximation to an ideal that should be applied by living people, the dead generally had worse approximations, and ignorance among the living can and should be corrected.

    121. Re:duh by geminidomino · · Score: 1

      My apologies. I've seen too many posts on too many forums where some smarmy Xian will post something like that, thinking that the "We won't stop you, you'll just go to hell" attitude is 'enlightened.'

      I suppose it is, for them.

    122. Re:duh by Hal_Porter · · Score: 1

      Fair enough. But as you and I pointed out, you could personally believe or sorts stuff is immoral provided you don't try to make the illegal.

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

      You're free to recompile everything tivo uses, including the kernel - it just won't run on THEIR hardware. Actually, when they sell it to me, it becomes my hardware. TiVo is telling me what I can and can't do with software they didn't write on hardware I own. If they're not comfortable with the rights the GPL affords me as a user -- which has always been a moral/political goal of the FSF -- then they can write their own or buy it from someone else. I don't think RMS would much mind.
    124. Re:duh by analog_line · · Score: 1

      Newsflash: Religion does not require a diety.

    125. Re:duh by gpuk · · Score: 1

      An interesting post - especially the common link to the abolitionist movement of which I was unaware.

      Regarding moral judgement - I said I didn't understand their motives and sense of authority. This is different from opposing them. As you rightly say, I do believe each man's moral judgements are his own to make and that ultimately one only has authority to judge one's self.

    126. Re:duh by SpacePunk · · Score: 1

      Kinda kicks the crap out of his 'free as in speech, not free as in beer' bullshit he tosses around. We all know that smelly fucking hippy just wants a free ride.

    127. Re:duh by Chibi+Merrow · · Score: 1

      Xian? God, why do I allow humanity to continue living... I think it's especially funny that you show how you're better than "intolerant" people by being intolerant yourself.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    128. Re:duh by Chibi+Merrow · · Score: 1

      Yup, exactly.

      And I was right, Christian Persecution Syndrome... *sigh*

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    129. Re:duh by Grizzlysmit · · Score: 1

      Pretty much. I don't see anything inconsistent or hypocritical about the license or its proponents. Linus will clearly keep using the GPL2, as that's the license everyone contributes to Linux under. But those who do want to inject some extra "morality" into their software license are free to do so.

      The ruler is not just a king, he's a God, so disagreeing with him is immoral, but it's also illegal, and you can get your head cut off," Torvalds continued
      That's moronic. If you don't like the license, don't use it. If someone else's code is licensed only under the GPL3...tough, it's not your code. Don't use it. Anyway, aside from GCC, there are plenty of BSD alternatives to most GNU projects. If many people don't like the license, they'll contribute to those instead, or fork an older GPL2 version.
      Sorry Linus but I'm with RMS on this one, I like GPL v3 and I personally will use it on any software I write, also I will prefer software which is covered by it. If someone forks a linux disto under GPL 3, I'll go for the GPL 3 fork.
      --
      in my life God comes first.... but Linux is pretty high after that :-D
      Francis Smit
    130. Re:duh by trolltalk.com · · Score: 1

      "Actually, when they sell it to me, it becomes my hardware. TiVo is telling me what I can and can't do with software they didn't write on hardware I own."

      Irrelevant. You're free to take the hardware and do anything you want with it - chip it to run other software, for example. If its such a big problem, instead of whining, pay someone to develop a new board and bios for the hardware, then download and recompile Tivo's software and run it on it.

      Or download suse and use the "set my box up as a mythtv box" option.

      If you're not happy with the limitations of Tivo, don't buy it. There ARE other options. Let the marketplace sort it out by voting with your wallet or purse. Buying a Tivo because you want their features, then whining that somehow they've taken your freedom away, when you knew the deal up-front, and there are free alternatives, is hypocritical.

      All this (the GPLv3) will do is make people take a closer look at *BSD, especially for embedded medical devices, car control systems, etc. The worst case scenario would be Microsoft "adopting" - embracing and extending - BSD, and developing their own proprietary "wine-work-alike". Lets hope they don't grow a brain for another decade.

    131. Re:duh by Fred+Ferrigno · · Score: 1

      If you're not happy with the limitations of Tivo, don't buy it. There ARE other options. Let the marketplace sort it out by voting with your wallet or purse. Buying a Tivo because you want their features, then whining that somehow they've taken your freedom away, when you knew the deal up-front, and there are free alternatives, is hypocritical. And the exact same argument applies to TiVo itself. They have other options as well. Let them vote with their wallet or do the development themselves. They have no standing to dictate terms to people who provide them software for free.
    132. Re:duh by trolltalk.com · · Score: 1

      Tivo doesn't "dictate terms" - thats just fud. Once you own a unit, you're free to take a hammer to it, or do anything else you want, within the limitations of your country's laws. Like I said, if you don't like the DRM aspects, swap out the main board - you have that fredom, you know. What is the big deal - its only a stupid TV recorder. I swear, for a bunch of "intellectuals" at the FSF to get so bent out of shape over television ...

      The "people who provide them with software for free" provided it under a specific licens ... which they are fully honoring, including making available all their source code. There is nothing preventing you or anyone else from recompiling that, and running it on a diferent main board.

      Complaining that it won't run on the original board is akin to complaining that your microwave won't run the latest version of Ubuntu.

      The GPL was supposed to be about software, not hardware. When it crosses that boundary, dictating what hardware you can and can't run it on, it betrays its own "freedoms". Here's their own list of those 4 freedoms:

      http://www.gnu.org/philosophy/free-sw.html

      • The freedom to run the program, for any purpose (freedom 0).
      • The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
      • The freedom to redistribute copies so you can help your neighbor (freedom 2).
      • The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom
      • Access to the source code is a precondition for this.

      The only contention is the first freedom - and you're free to run the program on any other hardware, for its original or any other purpose, so the FSF is full of shit with their move into the hardware space, and if they push it too much, watch the "big movers" (IBM, Novell) move to BSD. How long do you think it would be before BSD was the "new darling" if IBM threw a few billion at it?

      When Tivo sold you the hardware, they made NO representation that it would support software compiled by others. Don't like it? Build a competitor ... except that the harsh reality is that, without some sort of lock-in, you won't make money off subscriptions, so you'll have to make all your profit from the initial sale ... which will make you uncompetitive, price-wise. For certain products, in certain markets, at certain times, Tivoization is the only economic model. The market will eventually change, but that's something that only time will fix. In the meantime, just build your own mythtv box, and be grateful that not everyone is going GPLv3 - because if the kernel were to go GPLv3, it would not be possible to consider it for applications and appliances that have to meat tightening Sarnes-Oxbey requirements, among other things.

      Do you really want to cede whole industries to Microsoft? They would LOVE to see the kernel GPLv3'd. Eventually, no linux for medical devices, banking, finance, traffic control, energy control, process plants, real-time devices, etc. That's the reality, and its sad that people get so wound up in a "jihad" that, like any other jihad, will end up doing more harm than good.

    133. Re:duh by Fred+Ferrigno · · Score: 1

      The "people who provide them with software for free" provided it under a specific licens ... which they are fully honoring, including making available all their source code. And now they've adopted a new license, except TiVo doesn't want to "fully honor" that license because it conflicts with their business model. Well, tough shit. No one said they had to use GNU software. Even so, they're still free to use the GPLv2 versions of the software, which is more than can be said of proprietary licenses. They're just not entitled to benefit from the (future) work of others unless they're willing to accept the terms offered.

      When Tivo sold you the hardware, they made NO representation that it would support software compiled by others. Don't like it? Build a competitor ... except that the harsh reality is that, without some sort of lock-in, you won't make money off subscriptions, so you'll have to make all your profit from the initial sale ... which will make you uncompetitive, price-wise. The FSF is making NO representation that they'll allow you to restrict the use of their software through hardware. Don't like it? Write your own ... except that the harsh reality is that it's a lot of work and costs a lot of money ... which means you've been skating by on the backs of other people up until now. If certain businesses can't be profitable without restricting the freedom of their users, then they'll go away and RMS won't shed a tear.

      The GPL was supposed to be about software, not hardware. When it crosses that boundary, dictating what hardware you can and can't run it on, it betrays its own "freedoms". GPLv3 is not violating any of the Free Software freedoms, it's enforcing them in the context of a hardware-software system. Being conscious of the environment in which the software runs isn't inherently unethical as you seem to suggest. There's no magic line that says you can take these sorts of things into consideration but not those. If I'm releasing my software for free, I get to set the terms. I could add a "No Companies Named TiVo" section to my license if I just don't happen to like their name.

      The rest of your doomsday predictions about the flight of commercial partners from Free Software is ridiculous. There's some real fear, uncertainty, and doubt for you. The worst case scenario is that we'll see a GPLv2 fork of the GNU project, perhaps sponsored financially by those commercial partners. And that's perfectly fine. It's what Free Software is all about, frankly: the assurance that the developer will never be able to take what you already have, not that they'll give you continuing support in perpetuity. If we were talking about a proprietary vendor instead, you wouldn't even have that.
    134. Re:duh by trolltalk.com · · Score: 1

      All this "worrying about other people getting a fre ride" is ridiculous. EVERY advance in science and tech has benefited from the work of everyone who went before.

      A good example of "not giving a shit" about who benefits is the boost c++ libraries. The license was "do whatever you want with the code." Because of this, it was used a lot more, and its now been added to the standard. The standards committee made it clear that this wouldn't have been possible to achieve so quickly if they had gone through the usual process of vetting a design, etc.; it would also have been impossible if they had used any version of the GPL license, since the GPL imposes restrictions.

      Sure, Tivo made some sly moves. So what? It doesn't affect the ability of anyone else to learn from their code, and use it in other projects. And, as I point out, GPLv3 is incompatible with the requirements of whole industries, such as medical device manufacturers. Torvalds is right. Stallman is wrong. For code to be truly free, it has to be free for EVERYONE to use, including those you don't like. And including in ways you don't like. Hardware lockouts included. Don't like it? Well, that's where the test of the strength of your principles is tested, and in this test, the FSF failed; they are hypocrites. The same as requiring everyone to assign copyright to them before including any code in any GNU project, rather than letting the authors maintain control of their code.

      Only an idiot grants someone else a blank check - the "... or any future version" is such a blank check.

    135. Re:duh by Fred+Ferrigno · · Score: 1

      The GPL has always restricted what developers can do so that users may have more freedom. RMS doesn't care about TiVo's "freedom" to lock down the hardware they sell. He doesn't care if certain companies or industries won't be using GPLv3 software. Linus' interest is in expanding the reach of open source software; Stallman's is in protecting the rights of users. Each of them is working consistent to their aims.

    136. Re:duh by geminidomino · · Score: 1

      Err... what does the link have to do with anything? "X" has been used for a long time to be a shortened form of writing "Christ" q.v. 'Xmas'.

      I also have no problem with intolerant people. I think people *should* be intolerant of ignorance. It might make some headway in undoing this culture of mediocrity we've got going here.

    137. Re:duh by magus_melchior · · Score: 1

      It seems to me that he had a micro-de Raadt moment...

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    138. Re:duh by doom · · Score: 1

      The fact that BitKeeper was commercial software is extremely consistent with Linus' views of things -- I don't care about politics, I just want it to work, damn it.

      So why didn't he use the BSD license? For that matter, why not just pay to use a commercial unix?

      Linus isn't sure what his view of things is, because he's uncomfortable thinking about it... so on matters of principle he's this weird loose cannon rolling around in different directions.

      That saying is used to describe mainly stubborn idiots who only see/do things their way, refusing to listen to anyone else. To me, that descriptions fits like a glove to RMS & pals.

      They believe in deciding what they believe, and sticking to their guns. Correct.

      Bunch of whingy hypocrites.

      Incorrect. It's very difficult to find any instance where RMS or the FSF has behaved inconsistently. You need to (a) stop mindlessly repeating every smear word you hear (b) do a web search on "freedom 0".

  6. With apologies to RMS by Tackhead · · Score: 4, Funny
    > Torvalds said the authors of a new software license expected to be used by thousands of open source programmers are a bunch of hypocrites ...

    "Hey! That's GNU/Hypocrisy to you, buddy, and don't you forget it!"

    1. Re:With apologies to RMS by mdsolar · · Score: 1

      GNUHypocrisy is not Hypocrisy.

  7. I'm with Richard by Anonymous Coward · · Score: 5, Insightful

    His point of view represents all of the reasons why I left proprietary software and went with Linux.

    Ahem, GNU/Linux.

    The kernel can be replaced.

    The philosophy, which is 100% wholly accurate, cannot.

    1. Re:I'm with Richard by seebs · · Score: 1

      The philosophy is replaced pretty much every time a teenager manages to combine "I want that and it's not mine" with "but I should be equitable". It's nothing special.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:I'm with Richard by Etcetera · · Score: 4, Funny

      The kernel can be replaced.


      It's kind of hurd to do that on a running platform.

    3. Re:I'm with Richard by Ox0065 · · Score: 1

      Ahem, or do you mean GNU/BSD/Xorg/Sun/Adobe/Real/linux OS... As U recall, there's a reason why its Xorg not XFree... ...Why was that again?

      If the kernel can be replaced then hurry up already! Is my Hurd ready?

      Oh! and I believe you mean a philosophy. It must be hard to read the world in 1bit colour.
      You speak as though your (?) philosophy were an immutable fact beyond question, development or improvement. 'Your' philosophy isn't free at all.

      e

      --
      thx e
    4. Re:I'm with Richard by seebs · · Score: 1

      I already covered the incentive: "I should be equitable".

      I'm not saying it's a bad philosophy, or that it's not viable, or that it wouldn't work. I'm just laughing at the notion that it's irreplacable.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  8. And this is news? by www.sorehands.com · · Score: 5, Insightful

    We always knew that RMS is a zealot. I ran into him quite a bit in the 1980s. I could tell that then. While one may have thought it was a bit much then, now is it that radical? Companies are putting rootkits into computers in the name of DRM, sponsoring bills that allow copyright holders to hack into your system and destroy YOUR system with immunity -- if they think that you may have violated their copyright.

    Is GPL 3 that unreasonable given the behavior of the RIAA and MPAA of recent?

    1. Re:And this is news? by Chibi+Merrow · · Score: 5, Insightful

      Is GPL 3 that unreasonable given the behavior of the RIAA and MPAA of recent?
      Yes.

      Don't try to out-badguy corporate scum. They have budgets for it, you don't. Extending a software license to limit hardware manufacturers is ridiculous.

      Nevermind the fact that this has NOTHING to do with the RIAA and MPAA, will accomplish nothing vis a vis their war on piracy, and so I'm confused as to exactly why the hell you brought them up.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    2. Re:And this is news? by Timothy+Brownawell · · Score: 1

      Is GPL 3 that unreasonable given the behavior of the RIAA and MPAA of recent?

      It extends itself to things it should not. The bad behavior of others is completely irrelevant to this.

    3. Re:And this is news? by Penguinisto · · Score: 3, Insightful

      Is GPL 3 that unreasonable given the behavior of the RIAA and MPAA of recent?

      Good question, but one other pops up in response to it:

      Is exigency a good enough rationale for permanent change?

      In something more closely approaching English, I guess what comes to mind is this... If they're just doing it to defeat a present problem, then what of the future?

      Between road-to-hell pavement and the endless measure/countermeasure/measure games that companies (and malware writers) play, there is a danger of two things: First, that the GPL becomes a convoluted mess over large values of time in an attempt to patch every little hole that springs forth; that would make the thing impractical for programming use. Second, that something really awful gets discovered by a creative but perfectly legal interpretation of the changes.

      In all seriousness, I doubt that either would happen w/ GPLv3, but IMHO, we really shouldn't get into the habit of this...

      I grok the moral underpinnings, and appreciate the intentions, but there's still a nagging feeling at the back of my head that says if any more massive changes are made, then we'll be dancing right on the line that separates practicality from dogma. I believe Torvalds thinks that GPLv3 has already crossed it. Others prolly think that the line is still miles away (in either direction, if we count MSFT bigwigs).

      Perhaps someone needs to define that point where codifying philosophy will only bring diminishing returns? Like I said, IMHO I don't think we're quite there yet, but that the next iteration may well take us right past it.

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:And this is news? by Prune · · Score: 1

      destroy YOUR system with immunity

      Huh? Did you mean "impunity"?

      --
      "Politicians and diapers must be changed often, and for the same reason."
    5. Re:And this is news? by BillAtHRST · · Score: 1

      The reasonable man adapts himself to the world: The unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. -- George Bernard Shaw
      http://www.knowprose.com/node/12260

    6. Re:And this is news? by coaxial · · Score: 1

      Is GPL 3 that unreasonable given the behavior of the RIAA and MPAA of recent? Perhaps not, but is that really the kind of people RMS and the Community(tm) wants to be associated with?

      RMS's zealotry crystalized in my mind when back in 2000 or something, he was to give a speech at a college, and he threw a tantrum and pouted until the system used to record and stream the speech to other locations was either switched to use "Free Software" or were turned off, because they used Quicktime. The IT guy replied, "We looked at 'Free Software' alternatives, but nothing currently available can stream both the video and the audio. The audio is not streamed properly." Stallman's response, "Well that will encourage people to fix it!"

      Whatever dude. Stallman confirmed his irrelevancy in that moment.
    7. Re:And this is news? by newr00tic · · Score: 1

      Great anecdote, man.

      --
      A horse can't be sick, you know, even if he wants to.
    8. Re:And this is news? by LuYu · · Score: 1

      This has everything to do with the *AAs, and Microsoft for that matter. The idea is that no DRM system, which is what the *AAs and MS are trying to force on us, can be completely enforced in hardware and to prevent hardware manufacturers from disabling the rights granted by the GPL.

      If anyone can use hardware to stop you from modifying software, what is the point of having the "right" or "freedom" to modify it?

      The cellphone manufacturers want the right to benefit from the GPL without giving their customers the right to do the same, and the *AAs are a driving force and an excuse for this circumvention attempt. If it were not businesses behaving this way, it would be called squatting.

      It is unfortunate that Linus has been convinced by this old argument -- I first heard it about 2001 or 2002 -- that the FSF is a "religious movement", especially since that term originally was used to refer to Linux. Fact: If it were not for the FSF and the GPL, Linux would never have been viable for any business use. Linus would be working for low wages as a programmer in Finland, and no one would know his name.

      --
      All data is speech. All speech is Free.
    9. Re:And this is news? by bladesjester · · Score: 1

      I'm honestly waiting for the man to be diagnosed with some form of dementia. It really wouldn't surprise me; especially considering the fact that he seems to be getting worse as time goes on...

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    10. Re:And this is news? by SillyNickName · · Score: 2, Insightful

      We always knew that RMS is a zealot.
      "Zealot - A person marked or motivated by an extreme, unreasoning enthusiasm, as for a cause." I think the "zealot" characterization is infounded. RMS has never struck me as being unreasoning.
    11. Re:And this is news? by Rutulian · · Score: 3, Interesting

      What limit on hardware manufacturer's? There is no limit on hardware manufacturer's. The only requirement is that if your hardware will only run signed code, the means to reproduce that signed code must be distributed with the software (which is distributed with the hardware). You can do whatever you want with your hardware, but if you use and distribute (i.e: make money selling) my software with your hardware, you can't prevent me from modifying (ex: with an newer version that adds extra features) said software and running it on your hardware (or rather, the hardware can prevent it, but you have to provide me with the means to make my software conform to what the hardware will run). It seems like a fair trade to me, and is not entirely unreasonable. The only people who see it as unreasonable are the hardware manufacturer's who want to use free code and not give anything back to the original developers.

    12. Re:And this is news? by Ohreally_factor · · Score: 1

      The line is crossed when you cut off your nose to spite your face. The line is crossed when you give up freedoms so that some organization, institution, or government will protect them.

      The problem here is that by attempting to lock out Tivo, the GPL 3 is limiting all other similar uses, even unforeseen uses, that are not "bad" (if you grant that what Tivo did was bad).

      GPL 2 is elegant. It's a reciprocal agreement. The licensee gives up a little, but gains a lot. The licensor gives up a lot up front, but will recoup when there are many licensees. There's a quid pro quo; the very spirit of GPL 2 is quid pro quo. I give you software - you give me software back.

      GPL 3 is an ugly kludge. It overreaches into areas that have nothing to do with software and offers an inequitable trade.

      --
      It's not offtopic, dumbass. It's orthogonal.
    13. Re:And this is news? by mrchaotica · · Score: 1

      Extending a software license to limit hardware manufacturers is ridiculous.

      Please explain how the GPLv3 limits hardware manufacturers!

      I'll give you a hint: it doesn't. Moreover, it can't! Hardware manufacturers are still free to put whatever chips they want -- including ones that enable Treacherous Computing -- in their products that use GPLv3 software. All they have to do is disclose the key to the end-user, and even then only if the hardware actually uses the key to limit what software was allowed to run on the device.

      --

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

    14. Re:And this is news? by Macthorpe · · Score: 1

      That comment is going to remain in my head for some time - I knew Stallman was... to be polite, very keen on free software, but I didn't know to what extent.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    15. Re:And this is news? by bladesjester · · Score: 1

      People need to stop being so polite with regards to that. It's basically a form of apologizing for him.

      We're talking about a man who honestly believes that the software itself has the right to be free. Not that the developers have the right to release open software, that the *software* has the right to be free. That's like saying that the milk in the store has the right to be free.

      I support open source software, however, I do not support Free software, OR Stallman. Zealots leave me with a bad taste in my mouth.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    16. Re:And this is news? by doom · · Score: 1

      "Personally speaking, I think that Stallman has been getting worse about it as time goes on." Uh huh. And Linus Torvalds is getting better?

    17. Re:And this is news? by doom · · Score: 1

      coaxial wrote:

      Is GPL 3 that unreasonable given the behavior of the RIAA and MPAA of recent? Perhaps not, but is that really the kind of people RMS and the Community(tm) wants to be associated with?

      RMS's zealotry crystalized in my mind when back in 2000 or something, he was to give a speech at a college, and he threw a tantrum and pouted until the system used to record and stream the speech to other locations was either switched to use "Free Software" or were turned off, because they used Quicktime. The IT guy replied, "We looked at 'Free Software' alternatives, but nothing currently available can stream both the video and the audio. The audio is not streamed properly." Stallman's response, "Well that will encourage people to fix it!"

      Whatever dude. Stallman confirmed his irrelevancy in that moment.

      1. It is not always easy to determine the appropriate trade-off between immediate need and long term goals.
      2. It is not hard to find examples of people making expedient compromises that lead to long term difficulties (e.g. bitkeeper).

      RMS may very well have been irrelevant "in that moment"... but you may be irrelevant in the scheme of history.

    18. Re:And this is news? by doom · · Score: 1

      We're talking about a man who honestly believes that the software itself has the right to be free. Not that the developers have the right to release open software, that the *software* has the right to be free. That's like saying that the milk in the store has the right to be free.

      Or, on the other hand, you could read what the man actually says, rather than relying on this mind-reading fellow here on slashdot.

    19. Re:And this is news? by doom · · Score: 1

      I'm honestly waiting for the man to be diagnosed with some form of dementia. It really wouldn't surprise me; especially considering the fact that he seems to be getting worse as time goes on...

      And Linux Torvald's is getting better?

  9. Ah, hyposcrisy, yes. by Icarus1919 · · Score: 4, Funny

    Yeah, I hate it when people hypocritically force their ideas of free software on others. Thank goodness Linus is here to save us from that!

  10. Damn! by Penguinisto · · Score: 3, Insightful
    Say what you will about Torvalds or his stance on GPLv3, but one thing is unequivocal... the man doesn't hide behind corporatespeak. He just comes out and says it like he believes it is.

    If only CEO types would start doing that (w/o hiding behind an alias, that is)...

    ...well, a guy can dream, can't he?

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Damn! by QuantumG · · Score: 1
      It's a shame that every time he does he says something stupid. Here's another choice quote:

      Answer my argument:

        - I think Tivoization is *good*.

        - Your license stops something *good*.

      Ergo:

        - Your license is *bad*. http://lkml.org/lkml/2007/6/17/303

      A guy who thinks tivoization is good is not a friend of freedom. But we knew that already.
      --
      How we know is more important than what we know.
    2. Re:Damn! by glwtta · · Score: 1

      If only RMS could learn from him and stop hiding behind decorum all the time, and really say what he feels.

      --
      sic transit gloria mundi
    3. Re:Damn! by NDPTAL85 · · Score: 1

      It would be awesome if software freedom was as important as say human freedom or civil rights.

      But you know.... ...its not.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    4. Re:Damn! by TheRaven64 · · Score: 2, Insightful

      I don't know why people act surprised. Linus has always said that the only thing he likes about the GPL is that it lets him play with other people's code; he doesn't care about who can play with his code, and he doesn't care about end-user freedoms. That's fine. It's a selfish viewpoint, but at least it's honest.

      The FSF is, and always has, been about end user freedoms. They don't care about access to source code (hence their reluctance to use the term 'open source'), they care about a set of four freedoms for end users. Again, they have never tried to hide this.

      If it hadn't been for the AT&T Vs BSD lawsuit, no one would care about Linus. We would still be thankful for RMS though. I don't use Linux, but I use GNU software every day.

      --
      I am TheRaven on Soylent News
    5. Re:Damn! by melikamp · · Score: 1

      +1 sarcastic?

    6. Re:Damn! by OldManAndTheC++ · · Score: 1

      ...well, a guy can dream, can't he?

      Yes, but if you are dreaming about GPLv3 code, you'll have to make those dreams available to the community.

      --
      Soylent Green is peoplicious!
    7. Re:Damn! by mrchaotica · · Score: 1

      In a world increasingly reliant on software for everything from communication to banking to voting, you know what... it is! Or if it isn't, it soon will be.

      Here's a thought experiment for you: could the Matrix exist as a means of control if it were built on GPLv3 software?

      --

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

    8. Re:Damn! by VGPowerlord · · Score: 1

      If it hadn't been for the AT&T Vs BSD lawsuit, no one would care about Linus. We would still be thankful for RMS though. I don't use Linux, but I use GNU software every day.

      I'm not following your logic. It looks like you're implying if it wasn't for that suit, BSD would the foremost open source operating system. That also also implies that one of the BSD licenses would be the predominate open source license in use, making the GPL no more than a footnote in the history of open source.
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    9. Re:Damn! by TheRaven64 · · Score: 1
      Even modern BSDs use a lot of GNU code in the userland. I run FreeBSD and OpenBSD, but I still use the GNU compiler, the GNU shell (on some machines, although I'm slowly switching to zsh), GNUstep and a number of GNUstep applications. I use (GNU) Lilypond sometimes for typesetting music. I use a fair number of applications that use (typically LGPL'd) GNU libraries.

      Take a look at the list of GNU software, and see how much you use.

      --
      I am TheRaven on Soylent News
    10. Re:Damn! by a.d.trick · · Score: 1

      He just comes out and says it like he believes it is.

      You could say the same thing about Theo de Raadt.

    11. Re:Damn! by VGPowerlord · · Score: 1

      Even modern BSDs use a lot of GNU code in the userland. I run FreeBSD and OpenBSD, but I still use the GNU compiler, the GNU shell (on some machines, although I'm slowly switching to zsh), GNUstep and a number of GNUstep applications. I use (GNU) Lilypond sometimes for typesetting music. I use a fair number of applications that use (typically LGPL'd) GNU libraries.
      Linux did a lot towards popularizing GPL and GNU. I don't think there would be nearly as many GNU projects if it wasn't for Linux, nor do I think gcc and bash would be included in the BSDs. I fully expect if Linux didn't exist that people wanting to work on such projects would have worked on versions under different licenses, such as the MIT or modified BSD licenses.

      Take a look at the list of GNU software, and see how much you use.
      I do use some GPL software (most notably Linux and the GNU userland utilities), but it's irrelevant. See the previous section.
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  11. RMS's anti-natalism by SimHacker · · Score: 1

    Is it because Torvalds disagrees with Stallman's anti-natalism stance, and his pledge not to reproduce?

    -Don

    --
    Take a look and feel free: http://www.PieMenu.com
    1. Re:RMS's anti-natalism by solcott · · Score: 2, Insightful

      What the crap!

      Do you people seriously believe anti-natalism is why Stallman has no children?

      I mean, I'm no stud-master myself but have you people SEEN that guy?

    2. Re:RMS's anti-natalism by SimHacker · · Score: 1

      Sure, but have you ever seen RMS holding a gerbil wrapped in duct tape? He's really smiling at it -- I think they made a connection!

      -Don

      --
      Take a look and feel free: http://www.PieMenu.com
    3. Re:RMS's anti-natalism by solcott · · Score: 1

      Oh my god, That is one of the most hilarious things I've ever seen. :-)

    4. Re:RMS's anti-natalism by d_jedi · · Score: 1

      That is one thing I completely agree with Stallman. And I don't find myself saying that often..

      Richard Stallman should not reproduce!

      --
      I am the maverick of Slashdot
    5. Re:RMS's anti-natalism by KarmaMB84 · · Score: 1

      RMS and a large portion of the population of San Francisco are flaming lefties. You should work on your reading comprehension.

    6. Re:RMS's anti-natalism by SimHacker · · Score: 1

      What does San Francisco have to do with this discussion? Everybody knows RMS lives in Boston, not San Francisco. Where did you reading comprehend that SF had anything to do with it? What does having babies have to do with being a lefty? Are you just afraid of those scary homosexuals? That means you may be one too, but not know it yet. Normal people aren't homophobic, just closet cases like Ted Haggard.

      -Don

      --
      Take a look and feel free: http://www.PieMenu.com
  12. Attention by El+Lobo · · Score: 5, Insightful

    Could everybody get back to coding and kiss politics goodbye? WTF is everybody doing these days? It seems like every single programming in the world is now a politician... Long gone are the days where programming was considered a noble art of logics and things were so uncomplicated... Humans are a strange animal, indeed... Instead of producing more, we must complicate things and waste our valuable with egoistic intrigues, politics, strange licence deals, and... oh well...

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
    1. Re:Attention by Anonymous Coward · · Score: 1, Interesting

      That's the world we live in. If everybody would be producing for the greater good, we wouldn't need the GPL. Unfortunately there are people who climb the mountain with the help of others and then kick down when the helpers want to catch up. Let's hear your proposal for fixing that.

    2. Re:Attention by Kidbro · · Score: 1

      Could everybody get back to coding and kiss politics goodbye?

      When we run the risk of being sued because we accidentally infringe patents? When we must reinvent a solution to a problem that has already been solved a thousand times over? When the very software we use to produce said code is crippled, and we can't do anything about it?

      We did not ask to be politicians. It was forced upon us. And most definitely not by RMS. He was just one of the first to see where things were going.

      Apple's approach to all of their 'revolutionary' stylistic stuff: "We stole it first. You can't have it!"

      Well, at least it's a good thing to see that you are setting an example by leaving politics behind ;)

    3. Re:Attention by vga_init · · Score: 1

      Could everybody get back to coding and kiss politics goodbye? WTF is everybody doing these days? It seems like every single programming in the world is now a politician...

      Well, people with political opinions are not necessarily "politicians." Being concerned about politics is natural and healthy because politics impact your life severely. Programmers are particularly concerned about software licensing because they put in a lot of time and energy to their work, and human beings like to "own" their work.

      Long gone are the days where programming was considered a noble art of logics and things were so uncomplicated...

      Things are not really so different now than they were back then. Honestly, programming is programming no matter how you look at it.

      Instead of producing more, we must complicate things and waste our valuable with egoistic intrigues, politics, strange licence deals, and... oh well...

      The software license is important to many because it gives them power over their creation and those who use it. This power lets them decide how others are obligated to use it. If you love GPL, it's because you want your programming work to benefit the general public as much as possible without disappearing into private, competing hands.

    4. Re:Attention by SillyNickName · · Score: 1

      Could everybody get back to coding and kiss politics goodbye?
      Translation: Can't we all just stick our heads in the sand?
    5. Re:Attention by rbanffy · · Score: 1

      And I guess you think we should leave politics to politicians, as we all know their conducts have been irreproachable.

      Seriously, if people don't speak up for their ideals, who will speak for them?

      Linus disagrees with the directions of GPL3 and, perhaps, gets a little too much carried away in that, but I think this is a debatable point. I always prefer hardware I can modify and I have so many issues with DRM being used by totalitarian states (remember how the broadcast flag can be misused) to control what people store and, consequently, remember.

      Perhaps Linus is not as paranoid as I am. Perhaps he is right.

      So, if there needs to be another kernel that is GPL3-compatible, let that be my kernel of choice when I move away from Linux.

      It is, after all, just a kernel.

    6. Re:Attention by CedgeS · · Score: 1

      It would seem less that way if you stopped reading slashdot...

  13. Who cares? by ShieldW0lf · · Score: 3, Insightful

    Who cares what Linus has to say? It's readily apparent that the inevitable consequence will be a shift away from Linux kernel under GPL2 towards Solaris under GPL3.

    Linus is a tool. He goes on about how he picked his methodology because of efficiencies, not morality. But the fact of the matter is, other people have spent all this time assisting him because of the morality of the license. If they just wanted open-code efficiency, they would have went with the tried and true BSD license.

    Linus doesn't even write code anymore. If not for the perceived morality of having a kernel under the GPL, and the droves of developers who participated for that very reason, he would be a complete non-entity.

    Easy enough to mouth off at this point.

    --
    -1 Uncomfortable Truth
  14. But there's a problem with his views by asphaltjesus · · Score: 2, Insightful

    Only religious fanatics and totalitarian states equate morality with legality

    The problem being laws are in many ways a kind of moral consensus.

    If I should ever make as big a contribution as he has I'll get to be just as opinionated and right. For now, the reasoning works out just fine in his head and I can see his point. BTW hopefully this quote wasn't taken out of context.

    Discuss amongst yourselves.

    --
    Got Trader Joe's? friendwich.com RSS feeds work now!
    1. Re:But there's a problem with his views by MichaelSmith · · Score: 1

      When I read the recent news about Apple buying the copyright of CUPS I wondered if the ad-hoc approach to copyright in the Linux kernel project might be the best way to go.

      The FSF could, in theory, get taken over and the license for all GNU software changed to something more restrictive. This would be almost impossible with Linux, because copyright was never assigned to a single entity.

    2. Re:But there's a problem with his views by nine-times · · Score: 1

      I think he's right that there's a problem when you *equate* morality with legality. They aren't the same. Most people agree that laws should be moral, but the problem comes more when you try to make all immorality illegal. Immorality, too often, finds itself in the realm of thought and speech. Immorality too often exists in the intention and motivation rather than the action. People who are willing to accept laws that govern thoughts, speech, intentions, and motivations are people who are willing to accept totalitarian states.

      Now, I don't really understand what that has to do with the GPL3, and I'm making no claim that "Only religious fanatics and totalitarian states equate morality with legality" is applicable to the debate. However, I don't think the statement itself is wrong.

    3. Re:But there's a problem with his views by glwtta · · Score: 1

      The FSF could, in theory, get taken over and the license for all GNU software changed to something more restrictive.

      Don't see what that would achieve; it's unlikely that anyone would keep contributing to the "Now with Evil!" FSF, so their future releases would be quite irrelevant. Remember XFree86? And that wasn't even a big license change.

      On the other hand, it's pretty much impossible for Linux to change its license at all (which makes this whole debate kinda moot).

      --
      sic transit gloria mundi
  15. New Joke by Joebert · · Score: 3, Funny

    Q: Why don't devolopers write their own software liscenses ?

    A: Because then they'd have to write their own software.

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    1. Re:New Joke by Joebert · · Score: 1

      A: Because they would need to learn to spell.

      If it wasn't for people like me who can't spell every single word in the english dictionary, developers wouldn't have jobs.
      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  16. Only religious fanatics and totalitarian states.. by chrb · · Score: 3, Interesting

    "Only religious fanatics and totalitarian states equate 'morality' with 'legality,' "

    Every legal system enforces ideas of morality. Why is murder wrong? Why do countries restrict hate speech? Why can't you have sex with your sister? These are all moral concepts enforced through legality.

    Maybe Linus is having a bad day. And what exactly does he mean by:

    "I think it is okay to control people's hardware, I do it myself"

    Does Linus sell have a sideline selling PCs? And he uses some DRM to stop users modifying the software he supplies? What?

  17. Funny story by Anonymous Coward · · Score: 1

    I was in Beaverton, Oregon on business about a year ago. I was meeting some IBM reps for a demo of system z. Anyway, I was a little early, so I stopped at a McDonalds. I was standing in line and I thought the guy in front of me looked familiar. It was Linus. He ordered a royal with cheese and some fries. He ordered it to go too. I never could figure out why he didn't just go through the drive through.

  18. Context please? by MenTaLguY · · Score: 4, Insightful

    Reading the article, my main impression was that I'd like to see Linus' quotes in context.

    Without seeing the context, in general I would say the core disagreement between RMS and Linus (setting aside the frivolous GNU/Linux naming thing) lies in their respective notions about morality: RMS believes it to be essentially objective, whereas Linus considers it a subjective concern. This seems to be another manifestation of that disagreement.

    --

    DNA just wants to be free...
    1. Re:Context please? by OriginalArlen · · Score: 2, Insightful

      Reading the article, my main impression was that I'd like to see Linus' quotes in context. Reading the article, my main impression was that I'd like to see Linus' quotes... period. The article claims this was posted on a public list on 20th June, three or four weeks ago... but something tells me that if he'd posted this to the kernel list, it'd have been on Slashdot (and other sources) rather earlier than this. (No, I don't read LKLM myself.)

      Anyone got a link to a list archive somewhere?

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    2. Re:Context please? by Timothy+Brownawell · · Score: 4, Informative

      This was in the comments on the article page: http://lkml.org/lkml/2007/6/20/223

    3. Re:Context please? by MenTaLguY · · Score: 1

      Wow, okay. Looks like I hit the nail on the head.

      Linus' argument seems very confused. A number of things strike me, but I'll just pick out two:

      1. I don't think the GPLv3 authors would dispute that morality and law don't always coincide (RMS advocates civil disobedience in certain situations, for example), so raising the examples of Ghandi or conscientious objectors in WWII Germany seems to be a red herring on Linus' part.

      2. That killing (for example) is sometimes right and sometimes wrong isn't a demonstration that morality is unimportant, since the moment we say it can be right or wrong we admit that the justifiability of killing is itself determined by moral principles.

      --

      DNA just wants to be free...
  19. Re:Who cares? by robgig1088 · · Score: 1

    Actually, I believe he still contributes to the kernel, though the article where I read this could be dated.

  20. How convenient, just ignore morality by TheModelEskimo · · Score: 1

    "Only religious fanatics and totalitarian states equate morality with legality,


    Did he really say that? I can't believe it. Take away the law as a measure for morality and you take away the measuring stick for trust. Take away the measuring stick for trust and you take away society/civilization/yeseveniPhones.

    As a Linux user, morality is always on my mind. In fact the GPL that the Kernel uses is grounded in morality. What gives?

    Sigh...I guess he's trying to say "...equate *this kind of hypocritical* morality with legality"...in which case I might agree.
    1. Re:How convenient, just ignore morality by Chibi+Merrow · · Score: 1

      Take away the law as a measure for morality and you take away the measuring stick for trust.

      Your comment confuses me greatly.

      In modern western societies, laws are not based on morality. They're based on the protection of rights, which themselves are a virtue of one's existence. Theft, kidnapping, and murder are illegal not because they are immoral, but because they deny the victim their most basic rights: life, liberty, the pursuit of happiness. Good law and good legal documents do not involve morality.

      In America our value system and legal practices do owe much to Judeo-Christian belief systems, but the legal documents that provide the foundation for our society and its government owe their genesis much more from philosophies of Locke (who did an excellent job of separating "natural rights" from any supernatural influence) than any collection of religious morals. In theory (if not in practice) the entire legal code of our society should derive from those initial founding documents.

      Honestly I think the GPL should be thought of (and developed) as more of a "social contract" wherein the body of the people agree to give up certain rights (in this case, the right to exercise certain features of copyright law) to receive social order. At no point does morality have to enter into a social contract, and it's better off without it.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    2. Re:How convenient, just ignore morality by Maniac-X · · Score: 1

      I dunno about that, I think you're making a leap with the "law as a measure of morality" and the "measuring stick for trust." I don't typically trust someone on how much they pay attention to breaking or not breaking the law; I trust them based on how dodgy I perceive them to be. This *can* be related to laws that they choose to ignore or not, but it's not a requirement. Just as law and morality intersect, and some things that are considered immoral by most (i.e, killing) are also illegal does not mean that morality and legality are actually related on a grander scale. What you hold as morally right, the guy next to you may not agree. Laws have to address a larger society, within which there are many different, sometimes conflicting, moral belief systems, and law has to address all of these equally.

      --
      (A)bort, (R)etry, (I)gnore?_
    3. Re:How convenient, just ignore morality by mrchaotica · · Score: 1

      In modern western societies, laws are not based on morality. They're based on the protection of rights, which themselves are a virtue of one's existence.

      No, good laws are based on the protection of rights. Bad laws are often based on morality, e.g. ones prohibiting sex in positions other than the missionary position, etc. Laws as a whole tend to be based on protecting rights, morality, and a whole host of other concerns.

      --

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

  21. Re:Who cares? by Zarhan · · Score: 3, Interesting

    But the fact of the matter is, other people have spent all this time assisting him because of the morality of the license.

        In the 90's, I think most of the people worked on Linux due to the unclear legal status of BSD, not some funny "morality" issue.

        Without the legal issues, FreeBSD would probably be where Linux is now, perhaps even further, and Linux would never have taken off like that - it would have stayed as a little practice project for the Helsinki University. However, now Linux just has so much momentum with it that it's the focus of most open source efforts.

  22. Linus is a troll by caseih · · Score: 1

    But what he has a lot of good views and ideas on things. In this case, though, he's being typically difficult. Instead of saying nothing at all on the subject, or just simply stating that the kernel will not be moving to GPLv3, he instead does a ridiculous attack on RMS.

    Torvalds is brilliant, and we and RMS all owe him for everything he's done with Linux and in promoting free software (maybe a happy byproduct). But he can still be egotistical and petty. This is life I guess. But it's exactly these kind of statements that are going to worry PHBs and prevent Linux adoption just as much as FUD concerning GPLv3.

    I think everyone is going to be watching the Samba team's adoption of GPLv3. At a certain point, it's irrelevant what license the kernel uses and what licenses Torvalds likes personally. Actually it's irrelevant now.

    1. Re:Linus is a troll by bladesjester · · Score: 1

      Instead of saying nothing at all on the subject, or just simply stating that the kernel will not be moving to GPLv3, he instead does a ridiculous attack on RMS.

      So if you don't agree with something or with the motives of someone, you shouldn't say anything but instead remain silent? Sorry, but I'm going to have to disagree.

      The old saying that silence equals conscent comes to mind.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    2. Re:Linus is a troll by phantomlord · · Score: 1

      Let us not forget this all came about because the FSF zealots were trolling lkml about the GPL3 to begin with... Linus didn't exactly go out of his way to bash RMS, the FSF and their followers out of the blue. There was a thread with hundreds of posts started by someone else and FSF fanatics who have contributed nothing to the kernel started trolling. I was involved with the thread off list (since I'm not a kernel dev and I felt it would be inappropriate for me to spout off what I think the kernel devs should do with their code) and I walked away with a severe distaste for the FSF and their concept of "free software." Not satisfied with that, the primary FSF zealot in the thread started another thread with the goal of trying to make Linux dual-licensed so projects like the Hurd could rip code of out Linux since the GPL2 and 3 are incompatible.

      Linus has every right to be upset that an organization he explicitly doesn't trust to control the license of his software is badgering him to adopt their new license. When repeatedly told that he doesn't like the new license, they just badger him more to try to convert him (to further their own projects). I get along with most Catholics fine but the Jehovahs, who used to come to my house every Saturday morning so they could try to convert me, can go fsck themselves. All they did was ensure that I saw them as fanatics and thus would never want to associate with them.

      As for Linus being egotistical and petty, RMS is no better... and it is RMS' own ego which caused him to divide the FOSS community with the GPL3 by making it incompatible with the GPL2, be presumptive enough that everyone releases GPL2 software for the same reason he does (and further try to leverage the GNU code base to get GPL2only authors to convert their license to his new one even if they disagree with it, invite the PHP worry and open the FOSS community to whole new levels of FUD.

      --
      Don't leave your mind so open that your brain falls out. Don't close it so much that you cut off the blood.
    3. Re:Linus is a troll by Ohreally_factor · · Score: 1

      I actually think it's worse than how you describe. I think the FSF sent out it's goons to troll to get just such a reaction from Linus, so that they could then take it out of context and smear him with some planted news stories. And then it gets picked up on slashdot and other places where the lower level FSF tools have their opportunity to smear Linus.

      The funny thing is that the actual record, i.e., the LKML archives, support Linus, as you note. (I was actually looking at Jun 8-15 / 07">this mirror.

      The funny thing is that all the smearing isn't going to matter. Linus is not trying to be the leader of a movement. He has what he thinks is a better way of doing things, and so far, the world more or less agrees (and that agreement is growing). People look to Linus for leadership because he gets things done, but he's not trying to win anyone over with a message.

      Stallman, on the other hand is a leader of a political movement. It appears religious in nature in much the same way as Marxism appears religious. Stallman wants to bring about a revolution in society. The story about the printer driver is just so much hagiographic bullshit, a story to tell children. (It doesn't matter if it's based on real events, it's being used as a creation myth.)

      Stallman is 54(?) now? He's probably starting to get a real sense of his own mortality. I'd guess that he's trying to hurry along the revolution so he can see the perfect society before he dies. If you already believe that the ends justify the means, how much more are the means justified when you're on a deadline?

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Linus is a troll by Ohreally_factor · · Score: 1

      Crap. It's late, I didn't preview. This mirror: Jun 8-15 / 07

      --
      It's not offtopic, dumbass. It's orthogonal.
  23. Oh yeah? by Khaed · · Score: 3, Insightful

    The kernel can be replaced.

    then why hasn't Stallman done it? ;)

    1. Re:Oh yeah? by Thomas+Charron · · Score: 1

      Yea. Like, 12 years ago....

      --
      -- I'm the root of all that's evil, but you can call me cookie..
    2. Re:Oh yeah? by spiritraveller · · Score: 2, Insightful

      But OpenSolaris doesn't have as many drivers as Linux. They could use some code from Linux, as there is a certain amount that's been contributed as "GPL2 or later," but the majority is contributed as "GPL2 only."

      It would take a lot of people changing course for OpenSolaris to reach the same acceptance as Linux.

      How many developers are upset about things that GPL3 covers and GPL2 does not?

    3. Re:Oh yeah? by khallow · · Score: 1

      Not by people who use operating systems.

    4. Re:Oh yeah? by Draek · · Score: 1

      Stallman hasn't, but the Debian guys have. Though it could be argued that the *BSDs themselves are a way of replacing the underlying philosophy, too, but at least Linux the kernel is, in fact, replaceable.

      --
      No problem is insoluble in all conceivable circumstances.
    5. Re:Oh yeah? by Prof.Phreak · · Score: 1

      then why hasn't Stallman done it? ;)

      I don't know about anyone, but to me, "linux" is a `free UNIX environment'... I really wouldn't notice a difference running Solaris, or FreeBSD, (or...OSX?), etc., and I suspect many folks aren't particularly attached to ``Linux'' as in the `linux kernel', but to the environment that features a vim, bash, gcc, perl, etc... heck, most of 'em can be found on cygwin :-/

      --

      "If anything can go wrong, it will." - Murphy

  24. Re:Who cares? by ShieldW0lf · · Score: 1

    Buy a license then. Then you can do whatever you want with it, right?

    --
    -1 Uncomfortable Truth
  25. Re:Correction by Tharkban · · Score: 1

    Actually, that's the point. Linus didn't create GNU/linux he created linux (the kernel).

    --
    Tharkban (It is a signature after all)
  26. Tivoization by CopaceticOpus · · Score: 1

    At the heart of the GPL is the idea that this work is free - if you're going to add on to this work and then redistribute it, you must make your work free as well. The rest is just details that build on that idea.

    The new Tivoization rules are just another extension of this idea. Did the people who wrote the GPL software used in the Tivo desire for it to be used that way? Did they envision DRM and locked down hardware? Of course not. Tivo simply found holes in GPLv2 that let them get away with it, and so the GPLv3 is coming along to try and close up those holes.

    1. Re:Tivoization by Timothy+Brownawell · · Score: 1

      At the heart of the GPL is the idea that this work is free - if you're going to add on to this work and then redistribute it, you must make your work free as well. The rest is just details that build on that idea.

      The new Tivoization rules are just another extension of this idea.

      The Tivoization rules aren't about the work *being* free, but about it being *used* in non-free ways.

      Did the people who wrote the GPL software used in the Tivo desire for it to be used that way? Did they envision DRM and locked down hardware? Of course not.

      Does it matter? If I'm going to exert control over how you are permitted to use my software, then that software is no longer free. If I want my software to be free, I have to let you use it for *anything* no matter how much some particular use may offend me.

    2. Re:Tivoization by Chirs · · Score: 2, Informative

      "Did the people who wrote the GPL software used in the Tivo desire for it to be used that way? Did they envision DRM and locked down hardware? Of course not."

      Actually, Linus has explicitly stated that he is *absolutely fine* with what Tivo has done. The GPL ensures that the code changes Tivo made are available back to the community. This ensures that others can make use of the changes for their own purposes. The fact that you cannot make code changes and then load it back onto the Tivo is not something that he considers to be a problem.

    3. Re:Tivoization by metamatic · · Score: 1

      Linus has explicitly stated that he is *absolutely fine* with what Tivo has done.


      Well, as someone who has contributed to open source projects, I'm not.

      The big question is whether the free software community contains more people like me who hate DRM and locked-down computers, or more people like Linus who don't care so long as they could theoretically use the source if they built their own hardware. I'm guessing the DRM-haters are the majority. We'll see when we see how the adoption of GPL 3 goes, won't we?
      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    4. Re:Tivoization by CopaceticOpus · · Score: 1

      Actually, the GPL is designed to limit freedom in specific ways. It's not about "letting people be free." To make your software completely unrestricted, simply release it to the public domain. That's easy.

      The GPL strives to create a freer overall community through limiting the freedom of individuals, and basically forcing them to participate in the community if they wish to modify and redistribute the code. Those who benefit should also be contributors and should follow certain wishes of the original authors. Creating freedom by limiting it is strange, but like it or not it has certainly had an effect.

      Remember that everyone retains the freedom to either use GPL code or not to use it. Noone is being oppressed here, they simply have a choice to accept the terms or to write their own code from scratch.

    5. Re:Tivoization by metamatic · · Score: 1

      The big question is why do you think you have a right to control the hardware your software runs on

      Because I paid for it.
      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    6. Re:Tivoization by jchandra · · Score: 1

      Tivoization is not about redistribution, it is about control of the hardware on which the software is distributed. And it can be argued that it is for or against the "spirit of GPL and Free Software". But in the end, you can see (if you have read the long linux kernel thread on it) that there are good arguments why Tivo should be allowed, as the make the software available without further restrictions. They want to retain control on the hardware, and they are not alone (e.g. a corporate laptop containing Free Software which I don't have root access to)

      If you really look at it is not just Tivo which operates at the moral edge of GPL, lets see:

      RedHat-ization:

      To pull what did for RHEL releases, i.e, combine GPL code with trademarks and service contracts so that the binary is not freely re-distribution.

      IBM/Google-ization:

      Don't distribute the modified software, make a web API avaiable for that.

      RMS-izataion:

      Shamelessly use the "or later" clause in GPL to push thru an incompatible license to GPL2. Ethically, I would expect an incompatible license to be called something else say Freer GPL (FGPL) like LGPL, and let the developers decide for their software if they want to move to it. Making it GPL3 is an abuse of the power and trust people gave them when the use GPLv2 without removing the "or later"

      --
      god n. : the Supreme Being, indistinguishable from a good random number generator.
    7. Re:Tivoization by Sparohok · · Score: 1

      Because I paid for it.

      No, you didn't. We're talking about your software running on someone else's computer. For example, Linus' software running on millions of TiVos, virtually none of which belong to him.

      Martin

    8. Re:Tivoization by a.d.trick · · Score: 1

      But that is a violation of the spirit of the GPL. The GPL is about securing some fundamental rights for the user (like the ability to modify free software on your own hardware). Linus doesn't really care that much for the users and that will probably come back to bite him.

    9. Re:Tivoization by Pecisk · · Score: 1

      Not only it is not a problem, it is OUTSIDE any scope of any software license, specially GPL, who allows you do ALMOST anything with software. I will underline it - _do_. If GPL was only about limiting distribution choices, why it does impact usage, like Tivo?

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    10. Re:Tivoization by metamatic · · Score: 1

      No, I'm talking about my software running on my computer.

      Right now, TiVo can take software I contributed to, sell it back to me with a piece of hardware, and then prevent me from changing the software I wrote on the hardware I own.

      That, to me, is heinous enough to require a fix. The GPL v3 fixes it, so to me that's sufficient reason for the GPL v3 to exist and be a good thing. If the fix also protects other people's rights, that's a bonus.

      Linus seems to feel that there's nothing wrong in my situation. I think he's full of it.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  27. In the spirit of the decentralized nature of OSS by TheDarkener · · Score: 1

    ...who cares what one person has to say?

    --
    It is pitch black. You are likely to be eaten by a grue.
  28. Here's the post the article is based on.. by QuantumG · · Score: 4, Informative
    --
    How we know is more important than what we know.
    1. Re:Here's the post the article is based on.. by suv4x4 · · Score: 1

      Go the rant Linus.

      He's ranting a bit too much for people to take him seriously any longer.

      Before it was "yes he's harsh, but he dares speak his mind, and he's right most of the time!". Now it is "yea, whatever, he's just an ass, never mind what he says".

      He lost me personally when he started throwing insults to Subversion and all people that use Subversion for their products (that's a heck of a lot people for the world's most popular open source versioning system), since, apparently we're all making Linux kernels in his mind, and hence gotta use his distributed approach.

    2. Re:Here's the post the article is based on.. by QuantumG · · Score: 1

      Yep, and let's not forget the dissin' of GNOME, as they dare believe that configurability is the enemy of simplicity.

      --
      How we know is more important than what we know.
    3. Re:Here's the post the article is based on.. by Raenex · · Score: 1

      Before it was "yes he's harsh, but he dares speak his mind, and he's right most of the time!". Now it is "yea, whatever, he's just an ass, never mind what he says". I don't think anything has changed over the years. It's just that the longer you speak your mind in a "harsh" -> insulting tone, you end up pissing off more and more people when you eventually hit upon something near and dear to them. Hence:

      He lost me personally when he started throwing insults to Subversion He lost me when he insulted another open source developer for having the audacity to write BitKeeper compatible software.
    4. Re:Here's the post the article is based on.. by mvdwege · · Score: 1

      Well, the GNOME project has a point. The minute I must configure my computer, it is not doing what I want. A system with sensible defaults should Just Work(tm).

      Personally, I would like my desktop and my window manager to get out of my way as soon as I log in. I'm not interested in configuration, I'm interested in getting work done, and the more I have to tweak options, the less time I spend on my actual work.

      Now, totally abandoning configurability means that an integrator cannot configure the system for end users, so that is no solution. Happily, GNOME has not abandoned configurability at all, but just moved it out of the purview of the user, and into the realm of the developers and the distributors, who still have plenty of options to set for the end product. It's just that they are not afforded the copout of "I don't want to think of a sensible default, so I'll just create another option for the user to set."

      And if you are really unhappy with the default settings, you can still dig into the config files and edit them. Or use KDE. I fail to see the problem.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    5. Re:Here's the post the article is based on.. by davecb · · Score: 1

      And, as usual, Linus is reasoning his way to a decision using facts and logic,and Information Week is trolling for page hits.

      I wouldn't be surprised to see a good, reasoned discussion with RMS over this, but it's more likely nothing will come of it, because nothing should.

      --dave

      --
      davecb@spamcop.net
    6. Re:Here's the post the article is based on.. by Indigo · · Score: 1

      I agree with your basic premise, but...

      > Personally, I would like my desktop and my window manager to get out of my way as soon as I log in.
      Absolutely. That's the bottom line.

      > A system with sensible defaults should Just Work(tm).
      Unfortunately the developers never consult me when deciding on the defaults. That's why decent software has options/preferences/settings/whatever - the developers realize that the user has the best understanding of their own needs.

      > The minute I must configure my computer, it is not doing what I want.
      Lack of decent configureability just means it's configured to someone else's preference and that person has no idea what I need. Just put the options in there - people who need them will be grateful, people who don't won't be bothered by them.

      Incidentally, that's why I still use the SeaMonkey browser (i.e. Mozilla) instead of Firefox. Every time I try Firefix it's the same thing - looks great, but what happened to all the Preference options? Why can't I set it up to my exact needs the way I can with Seamonkey? It's even worse because the options were there originally, but were purposely removed - I can only assume, to dumb down the user experience.

  29. Incest? by kahei · · Score: 1, Offtopic


    How is having sex with your sister morally wrong? Sure, it's socially and biologically unwise, which is why it tends to be prohibited in most cultures, but it's hard to say how it's *morally* wrong assuming you both want to do it and use a condom.

    Sounds to me like the parent post is confusing legality with morality!

    --
    Whence? Hence. Whither? Thither.
    1. Re:Incest? by tietokone-olmi · · Score: 1

      This man clearly doesn't have a biological sister.

  30. Re:Who cares? by Achromatic1978 · · Score: 1

    Linus doesn't even write code anymore. If not for the perceived morality of having a kernel under the GPL, and the droves of developers who participated for that very reason, he would be a complete non-entity.

    RMS stopped writing code years ago... is he a "tool" who is just "mouthing off", too?

    It's readily apparent that the inevitable consequence will be a shift away from Linux kernel under GPL2 towards Solaris under GPL3.

    Fuck me, that's funny. Listen, I like Solaris, but I don't think any such thing is happening any time soon, let alone is a "readily apparent" "inevitable consequence".

  31. RTFA... by Timothy+Brownawell · · Score: 1

    ...and also the comments on it. In particular the one that points to http://lkml.org/lkml/2007/6/20/223 , which shows that the article uses selective quotations to make it overly inflammatory.

    Article needs to be modded "troll"...

  32. Linus the engineer and Linus the idiot by A+beautiful+mind · · Score: 3, Insightful

    He's a brilliant engineer, a witty person, but he's an idiot when it comes to freedom related issues and he displays what basically amounts to ignorance about the subject. GPLv3 is nothing more than GPLv2 with some loopholes closed. I often wonder how Linus ended up with GPLv2 in the first place?

    The contrast is striking because as an engineer he's brilliant, but he's absolutely lost as a long term thinker in relation to freedoms and morality. He'd make the worst leader in those matters.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
    1. Re:Linus the engineer and Linus the idiot by wjeff · · Score: 1

      You don't give him enough credit, I think he undertands freedom and morality a lot better than Stallman, et al.

      --
      my old sig is obsolete, and I haven't come up with a stupid enough new one yet
    2. Re:Linus the engineer and Linus the idiot by jopet · · Score: 1, Insightful

      Contrary to your post, Linus makes a lot of good points and actually supports his view with arguments. Good arguments in my opinion. The bottom line is that what you call "closing loopholes" is regarded by Linus as "taking away choice and freedom". You might not agree with him, but he has the right to that opinion and many (me included) tend to agree with him. That is what happens all the time in democracies: people struggle to somehow compromise on a common view of what is moral and that compromise eventually ends up to some extend in the legal system.
      The followers of GPLv3 tend to fanatically control each and every aspect so that nothing they do not like could ever happen in relation with any GPL-d software. Through this, they take away choice and that is exactly the hypocrisy that Linus mentions.

    3. Re:Linus the engineer and Linus the idiot by pinky0x51 · · Score: 1

      >I often wonder how Linus ended up with GPLv2 in the first place?

      Basically it wasn't Linus who chose the GPL for Linux. At the beginning Linus chose a non-free license and someone else (i don't remember the name) convinced him to replace the non-free license with the GPL. At least that's what Linus said in his book "Just for fun".

      Having this in mind you won't be surprised in many other areas like the Bitkeeper incident or Linus comments about Free Software, GPLv3, DRM, etc.

      Linus is a brilliant Hacker and i have a lot of respect for him and his work. But if it comes to Free Software and the political an social dimension of the culture technique software in the digital age than Linus is definitely the wrong to ask.

      --
      Support Free Software! Join FSFE's Fellowship: http://fellowship.fsfe.org
    4. Re:Linus the engineer and Linus the idiot by A+beautiful+mind · · Score: 3, Insightful
      I'm tired of trying to explain this in abstract terms, so I'll try something new for now:

      #bsd:
      <@developer1> Hey look! I have this channel here, want to help me with it?
      < developer2> Sure!
      <@developer1> sets mode +o developer2
      < selfishbastard> entered the channel
      <@developer2> Hi dude, I've got this cool channel here, want to try helping?
      < selfishbastard> Sure!
      <@developer2> sets mode +o selfishbastard
      (...2 seconds pass...)
      <@evildude> -oo developer1 developer2
      < developer1> this sucks.

      #gpl2:
      <@developer1> Hey look! I have this channel here, want to help me it?
      < developer2> Sure!
      <@developer1> sets mode +o developer2
      < selfishbastard> entered the channel
      <@developer2> Hi dude, I've got this cool channel here, want to try and make it a better place for all of us?
      < selfishbastard> Sure!
      <@developer2> sets mode +o selfishbastard
      (...2 seconds pass...)
      <@selfishbastard> tries to set mode -oo developer1 developer2
      [PERMISSION DENIED]
      <@selfishbastard> Hm...let's try a workaround.
      <@selfishbastard> .synack developer1.home-isp.cable.net developer2.home-isp.cable.net
      developer1 quit [Ping Timeout]
      developer2 quit [Ping Timeout]
      <@selfishbastard> Yay, it is mine!

      #gplv3:
      <@developer1> Hey look! I have this channel here, want to help me it?
      < developer2> Sure!
      <@developer1> sets mode +o developer2
      < selfishbastard> entered the channel
      <@developer2> Hi dude, I've got this cool channel here, want to try and make it a better place for all of us?
      < selfishbastard> Sure!
      <@developer2> sets mode +o selfishbastard
      <@selfishbastard> tries to set mode -oo developer1 developer2
      [PERMISSION DENIED]
      <@selfishbastard> Hm...let's try a workaround.
      <@selfishbastard> .synack developer1.home-isp.cable.net developer2.home-isp.cable.net
      (...5 minutes pass...)
      selfishbastard quit irc [K-Lined: abuse]
      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    5. Re:Linus the engineer and Linus the idiot by TempeTerra · · Score: 1

      #bsd...
      [@evildude] -oo developer1 developer2
      [developer1] this sucks.


      That's an incorrect analogy, BSD code can't be closed. evildude can't lock out the original developers, but neither can they revoke his privileges. If channelop exists, it is open to all. [snark]How terrible it is when people you don't like are also free [/snark].

      For my analogy, I consider that spreading free software by licensing under the GPL is like spreading democracy by developing an anti-cancer drug and only licensing it to countries using UN approved, paper ballot elections. Sure you're making a point, but is it better than just letting everyone make the drug (bsd)?
      --
      .evom ton seod gis eht
    6. Re:Linus the engineer and Linus the idiot by SillyNickName · · Score: 1

      He's a brilliant engineer, a witty person, but he's an idiot when it comes to freedom related issues and he displays what basically amounts to ignorance about the subject.
      He's not an idiot, he's just amoral. Brilliant, witty, and amoral.
    7. Re:Linus the engineer and Linus the idiot by JonJ · · Score: 1

      Oh, so the BSD-code that Microsoft used in their closed source operating system is just a figment of my imagination then? Jesus tapdancing Christ, you are a fucking moron and a liar.

      --
      -- Linux user #369862
    8. Re:Linus the engineer and Linus the idiot by TempeTerra · · Score: 1

      So what? They used open (actually open, not GPL) code in a closed project. The original code is still open, and you can use it if you want to. You haven't lost anything. The only difference in the world is that Microsoft didn't have to reinvent the wheel for their own OS.

      In the same vein as Voltaire's quote about disagreeing with what you say but defending to the death your right to say it, I may disagree with the business practices of a company or individual, but I support their right to use the solution to a previously solved problem. I wouldn't be happy about Microsoft doing the same with GPL code, but that's because it would be against the explicit wishes of the authors. If a problem has been solved once, I prefer that the solution should be made available to everyone equally. To do otherwise is spiteful and wasteful.

      Speaking of spiteful, I hope a mod comes along and dings you some karma for your childish namecalling.

      --
      .evom ton seod gis eht
  33. Logic of freedom.... by 3seas · · Score: 1

    I have the freedom to kill you, but you do not have the freedom to do so to me....

    Its a double standard,

    Now open source software should have the right to limit what you do with the software I write but I am not limited by it.

    If I distribute open source software I should be able to sue the users of it??? Isn't that entrapment?

    MS seems to have plenty of time to claim and promote that they have IP illegally in linux. And since Linus feels that MS should have the right to sue Linus.... well he asked for it then... And now we know who is in teh position to force MS to cough up the evidence of their claims...

    I have yet to hear a good arguement against the GPLv3 that is not a double standard.

    Freedom does not mean you have the right to take it away from another, or to do anything that imposes upon the freedom of another.

    So what do you do when someone claims open source is not free because they are not allowed to use it and then impose restriction on teh freedoms of others with it?

    The non-sequiturof this argument has been used extensively. Perhaps if the wrong doers use it enough they can convince themselves its fair. Oh wait, they already have.

    And this is why we have different licensings...... Linus can continue to use GPLv2 and it doesn't mean others have to.

    And if someone wants to GPLv3 the Kernal.....they can fork it too. right? Or has linus been only pretending to adhear to the GPL?

    1. Re:Logic of freedom.... by bladesjester · · Score: 1

      And if someone wants to GPLv3 the Kernal.....they can fork it too. right? Or has linus been only pretending to adhear to the GPL?

      Wrong. You can fork the project, but you have to use the same license that the copyright holder released it under. In this case, all of the copyright holders released the material under the GPL v2 *only* (the only was explicit).

      If you wanted to change the license, you'd need to get all of the copyright holders of the software to allow it.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
  34. Author has taken Linus quotes out of Context by delire · · Score: 1

    See for yourself.

    Nothing more to see here than a ripe example of journalistic firestarting. It worked on me - here I am writing this..

    1. Re:Author has taken Linus quotes out of Context by Anonymous Coward · · Score: 1, Interesting

      I agree that the article was typical sensationalistic journalism...

      Nevertheless, the essence of it is that Linus still doesn't get it - he doesn't believe (even at the late date on which he said this, June 20th) that GPL3 promotes freedom better than GPL2.

      On this issue Linus is starting to sound like Microsoft when they talk about "Shared Source," a la, "Hey, what do you mean this pale imitation of something good isn't sufficient? We're showing you the source - isn't that good enough for you???"

      Um, no, buddy, not if you're going to encumber it in *other* ways. For Microsoft, it's an NDA, or whatever restrictions they allow you to "see" the source. For Tivo, the encumbrance is Tivoization. End of the day, though, "Shared Source" is not free. And neither is GPL2, not fully, if the code can still be shackled.

      But GPL2 is not sufficient. Its loopholes have been exploited.

  35. Re:Who cares? by Jack9 · · Score: 1

    But the fact of the matter is, other people have spent all this time assisting him because of the morality of the license.

    How is that relevant? Linus is very consistent in his views. Allowing ppl with different motivations to work on software doesn't mean that he believes what they do and it isn't necessary that everyone believes the same thing when abiding by a legal license.
    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
  36. Re:Only religious fanatics and totalitarian states by slackmaster2000 · · Score: 1

    The key word in his comment is "equate."

    Morality is the basis of legality, and thus they are not equal concepts. Using the law to force a moral position can be a very dangerous thing, and his use of religious analogy is spot on.

  37. Re:Who cares? by QuantumG · · Score: 1

    has shown to have made good judgements in the past. Are you talking about some different Linus to the rest of us?

    One word: Bitkeeper.

    --
    How we know is more important than what we know.
  38. What Linus really said by delire · · Score: 5, Informative
    Was..

    I don't think it's hypocritical to prefer the GPLv3. That's a fine choice, it's just not *mine*.

    . What I called hypocritical was to do so in the name of "freedom", while you're at the same time trying to argue that I don't have the "freedom" to make my own choice.

    See? THAT is hypocritical.
    and..

    In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do. I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I'm their legal guardian), but the point is that this is not about "legality", this is about "morality". The GPLv3 doesn't match what I think is morally where I want to be. I think it *is* ok to control peoples hardware. I do it myself.
    The rest here.
    1. Re:What Linus really said by wrook · · Score: 4, Informative

      I wish I had mod points...

      Sigh... the author of the article seems to be yet another bozo trying to stuff words in Linus's mouth. Clearly people opposed to free software development have decided that trying to make GPL V3 a big issue will win them points.

      What's interesting is that I haven't heard any criticism from the FSF over Linus's choice to keep the Linux kernel GPL V2. Clearly they want people to upgrade to GPL V3. In fact, here's RMS's editorial on the subject:

      http://gplv3.fsf.org/rms-why.html

      In it he doesn't even mention the Linux kernel. In fact he goes so far as to say it's OK to run a GPL V2 program side by side with a GPL V3 program.

      I'm getting a little bit tired of this stuff. The spin doctors are working overtime to discredit free software developers. I think it's time we just ignored them and got back to writing code.

    2. Re:What Linus really said by phliar · · Score: 2, Insightful

      Linus says, "I think it *is* ok to control peoples hardware. I do it myself."

      Ah, the problems with the passive voice. (That's why your writing teacher told you to avoid it.) OK for whom to control people's hardware?

      It's only OK to control hardware owned by you. It's not OK for Tivo (or the **AA) to control my hardware.

      --
      Unlimited growth == Cancer.
    3. Re:What Linus really said by phliar · · Score: 1

      Crap! That's not the passive voice, it's an implicit subject. Sorry, everyone!

      --
      Unlimited growth == Cancer.
    4. Re:What Linus really said by OriginalArlen · · Score: 2, Insightful

      That argument is a straw man. Apart from being their guardian, Linus owns those physical machines. They do not BELONG to his kids, therefore they do not have the moral right to seize full control of them. When they're adults, no doubt they'll buy (or be given) machines that really are theirs. At this rate, I expect they'll be running Solaris, FreeBSD or OS X r17....

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    5. Re:What Linus really said by trytoguess · · Score: 3, Insightful

      Tivo legally limited hardware they owned, and people willingly bought this legal object. In that case you've lost the right to say I want xyz in my widget. That comes before the purchase.

    6. Re:What Linus really said by martin-boundary · · Score: 1
      When it comes to things outside of the C language, Linus is often a bit confused.

      The FSF doesn't argue that he doesn't have the "freedom" to make his own choice, ever. Linus says that's what the FSF argues, so he's wrong on the assumption, and therefore he's also wrong on the conclusion that they're hypocritical. It's a straw man argument, he says somebody says one thing which they didn't say, and then he concludes the wrong thing.

      In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do.
      Not at all, the GPLv3 says nothing about what he can't do with the software, the LAW says he can't distribute code that doesn't belong to him without permission. The GPLv3 gives him a way to distribute without breaking the LAW, by following the terms of some license.

      In all cases, it's HIS choice. He can 1) not distribute, 2) distribute under the terms of the GPLv3, or 3) distribute against the terms of the GPLv3 and break the law.

      He's a bit confused because he thinks that he's being forced to do 2). Nobody's pointing a gun at him and saying "Go on now, distribute!"

      I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I'm their legal guardian), but the point is that this is not about "legality", this is about "morality".
      Linus is confused on the difference between himself and his kids. He's their legal guardian, so he's taking legal decisions on their behalf, not imposing his own will as an outsider.

      When he's limiting their ability to upgrade, neither he nor they are distributing software, so the GPLv3 does not apply.

    7. Re:What Linus really said by Rutulian · · Score: 1

      What I called hypocritical was to do so in the name of "freedom", while you're at the same time trying to argue that I don't have the "freedom" to make my own choice.

      Yeah, well, if they compile my code and sign the binary and make their hardware run only the signed binary, they have restricted my freedom to do what I want with my code on hardware I have purchased.

      If I put my code under the gplv3, thereby requiring them to distribute their signing keys with my code, I have preserved my own freedom, but impinged on their freedom to prevent modified code from running on hardware they have created (unless, of course, they pay me or somebody else for that freedom).

      So who's freedom is more important?

      I lean toward my own freedom because I have taken the time to write the code and am offering it up for consumption by the community. Companies should have freedom too, but they don't get free labor. There is the freedom of ideas, but there is also economics. Nothing in the business world is free. If they don't want to pay me by adhering to the terms of my license, they need to pay me in cash, or they need to pay somebody else to develop for them.

    8. Re:What Linus really said by BlackTyranny · · Score: 1

      > > And anybody who thinks others don't have the "right to choice", and then
      > > tries to talk about "freedoms" is a damn hypocritical moron.
      > In the quotes of the parent post, Linus defends his use of the word hypocritical, and gives what I consider a reasonable example of a hypocrit, but what person or group specifically thinks Linus doesn't have the "right to choice"? Is this a strawman argument, or is there a nameable culprit who specifically thought or communicated a hypocritical message to Linus? In other words, who is Linus referring to when he addresses

      anybody who thinks others don't have the "right to choice",... and what exactly did they say to him??
    9. Re:What Linus really said by magus_melchior · · Score: 1

      I think articles that are intentionally inflammatory (I'm lookin' at you, John C. Dvorak) to generate page views should be tagged with either "dvoraktroll" or "pagehittroll".

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  39. consensus by SolusSD · · Score: 1

    wouldn't everyone who has copyrighted code int he linux kernel have to agree to change the license?

    1. Re:consensus by dn15 · · Score: 1

      Perhaps, but developers of new products (or developers who own copyright for all the code in their existing products) might still wish to have available an updated license that is still different from GPLv3.

  40. Re:Who cares? by nine-times · · Score: 1

    But the fact of the matter is, other people have spent all this time assisting him because of the morality of the license. If they just wanted open-code efficiency, they would have went with the tried and true BSD license.

    That's not necessarily true. A decent portion of Linux (especially the kernel) has come from some kind of corporate sponsorship. Sometimes companies donate existing code, sometimes they donate funds to projects, and sometimes they hire programmers to work on portions of the projects they want. A lot of companies might prefer the GPL to BSD precisely because they don't want competitors to be able to take their code, make improvements, and keep the improvement to themselves.

    In case I'm not being clear, imagine there was no Linux, but Redhat and Novell were still writing operating systems. Redhat is just starting out and really wants to make use of the FOSS community, and so they want to release some of their work to under an open-source license. If they pick a BSD license, Novell then has the legal right to take all of Redhat's hard work, put it into SuSE, and without doing any work on their own, start at the same level as Redhat. Then, Redhat had to pay for development, while Novell didn't. From there, Novell can write their own improvements, sell the result, and never share the improved code with Redhat. With the same amount of investment, Novell would be able to create a superior product by riding off of Redhat's work.

    Alternatively, Redhat could choose the GPL. In that case, Novell is still allowed to make use of Redhat's code, but once they do, Redhat is also allowed to make use of SuSE's code. Besides possibly gaining more developer support, it also diminishes the ability of other companies to completely screw Redhat over.

    Maybe that's a bad example because it's so theoretical, but I think I have a good point in there somewhere. I think part of the reason the GPL is so successful really is because of its efficiency at forcing people to cooperate and to be generous, and not because of its morality. Companies like Redhat, Novell, Sun, and IBM have made substantially donations of code, workforce, and money, and I don't believe that these donations were driven by morality.

  41. Hurd by cstdenis · · Score: 2, Funny

    Maybe this will push the development of GNU Hurd

    --
    1984 was not supposed to be an instruction manual.
  42. Re:Who cares? by Penguinisto · · Score: 3, Interesting
    Well, the legal issues (e.g. the ATT/SysV v. BSD lawsuits) sure... but there was also the little matter of dealing with a rather large cloud of interpersonal troubles that made things ugly, with most of it centered squarely over UC Berkeley. That, and (as MSFT later proved head-on w/ their TCP/IP implementations), the classic BSD license really doesn't protect against theft and proprietary lock-down of improvements. Like most folks, if I want to contribute stuff freely, I'd really like to see any improvements to be incorporated and shared. BSD relies on only honor and a mandatory attribution for that).

    Not flaming, trolling, or otherwise... but a sense of perspective is kinda needed as to why BSD didn't catch on as fast or as big.

    (OTOH, the BSD license made it easy to incorporate a LOT of stuff from it into Linux, and the results converted to GPL licensing...)

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  43. Re:Who cares? by kriss · · Score: 2, Insightful

    Who cares what Linus has to say? It's readily apparent that the inevitable consequence will be a shift away from Linux kernel under GPL2 towards Solaris under GPL3.

    Well, that depends on if you see it from a software activist point of view or from a make-a-living point of view. Either how, I think it's neither 'inevitable' nor 'readily apparent' that there'd be a lemming run away from Linux and sorry, that kind of rhetoric really doesn't achieve anything.

    Yes, you want to see things your way. This is a given for most, if not all, people - seeing things from their perspective. The trick is to accept that hey, someone else that is not me might also be right, despite a differing view..

  44. Re:Nice job proving his point by Threni · · Score: 1

    > He says something you don't like and you write him off as a "tool" and essentially call him irrelevant. That, my friend, is
    > fanaticism.

    No, it's an "Ad hominem".

    > One of the things Linus seems to realise is that you've got to be a bit pragmatic.
    > A pure "everything is open, information cannot be controlled" philosophy might be cool and all, but it turns out not to work in the
    > real actual world.

    People can put what they want into GPLv3 - if it becomes popular then it will have "worked in the real actual world".

  45. Re:Who cares? by ducomputergeek · · Score: 1
    You mean FreeBSD would not be dead?

    Sorry...I just had to say that...

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  46. What is the problem? Someone please explain! by kosmosik · · Score: 4, Insightful

    What is the problem here?

    RMS writes licence named GPLv3 - so what? Nobody is forced to use that license so I don't think there is a problem here. When somebody uses his license it is not his (RMS) fault. It is fault of the entity which choosed this license. Or isn't it?

    So basically Linus is yelling that if *I* use f.e. GPLv3 for *my* project it somehow not my fault but RMS?

    I don't get it. I must have not understood something since Linus usually speaks quite sane and I belive him.

    So again - somebody please explain what is the problem here?

    Is GPL version change really such a disaster?

    What should I care as Linux user?

    1. Re:What is the problem? Someone please explain! by BRSloth · · Score: 2, Informative

      So again - somebody please explain what is the problem here? Simple. Linus is seeing the GPLv3 as a *developer*, while RMS wrote it as a *user*.

      For a developer, it doesn't matter if the code runs on a DRM machine, as long as your get fixes back. For a user, it does matter that your changed code doesn't run on the same machine.
    2. Re:What is the problem? Someone please explain! by Fermata · · Score: 1

      So again - somebody please explain what is the problem here? Is GPL version change really such a disaster? What should I care as Linux user?

      As a Linux user, your main cause for concern is the possibility that some programs that you use today or interesting programs that have yet to be written will suffer as a result of the GPL version change. This possibility is due to the incompatibility of the GPL v2 and v3 licenses. We have already seen that a number of kernel developers are opposed to the new version of the license. It can also be assumed that some current major corporate contributors to GPL v2 projects would also be opposed to the new tivoization and patent clauses. If a number of important components or libraries shift to GPL v3, then these are likely to be abandoned or forked by developers that want their projects to stick with GPL v2.

      I know that forking is nothing new, but it seems fairly arrogant of the FSF to intentionally create a schism within the ranks of developers that support the GPL by creating a new and incompatible license that they *know* many of them will be vehemently against.

    3. Re:What is the problem? Someone please explain! by Myopic · · Score: 1

      I think much of the issue is that the GPLv2 people might very soon find themselves in a tight spot being left out of free software development. If they decide they really want to use a neato piece of new code which the author released under GPLv3, then they are out of luck and can't use it. Likely, over time, more and more individual projects will turn to GPLV3. Then GPLv2 will eventually become a minority player, and will be very unattractive for use, since it will be so limiting in terms of what software you are able to use.

      It's true, they could just, you know, not use the GPLv3 code. But that's a problem, and Linus is complaining about it. It would benefit him more if the license evolution had gone a different way. His favorite policy lost out to a different policy. He lost a fight. He's complaining about it; he thinks he should have won.

  47. Re:Only religious fanatics and totalitarian states by loners · · Score: 1


    > Why is murder wrong?

    It takes/destroys something that was not their possession.
        The moral question is "Why is slavery illegal?"

    > Why do countries restrict hate speech?

    It leads to other illegal acts (violence against others and their property).
    It has been used to rally people to replace the existing government.

    > Why can't you have sex with your sister?

    Close relatives breeding is known to cause unusual/fatal mutations. And successive generations of in-breeding reduces survivability of the group as a whole.

  48. need agreement by kardar · · Score: 1, Insightful

    Yup, Linus is right. I wouldn't call it a "rant", either - it's a logical exposition of cutting-edge principles.

    People will never agree on a personal level. Islamic states will tend to not find it "wrong" to slice off body parts as punishment. But we can make an international treaty that prevents amputation as punishment. You bypass the "right" or "wrong", "OK" or "not OK", and just make a law that says "We agree to not do this". It's pointless to require both parties to agree on a "personal" level, because if you do that, there will never be any agreement in the first place. You bypass the personal level, and just "use _pragmatic_". (for lack of better words).

    We're becoming accustomed to this kind of stuff with the war on drugs, for instance - trying to argue that marijuana use (or outright abuse) is less harmuful than alcohol abuse doesn't go very far with people who have "power". It's wrong, but the fact that you point out a truthful point just simply is irrelevant - you're disagreeing with the "whatever", so you might as well be (and perhaps probably are, as far as "they" are concerned) a pothead or a potential pothead which means you are by default wrong. Apply logic like that to a BIOS and you'd never boot anything.

    I think Linus hits the nail on the head. It's unfortunate, for instance, that it is difficult to have an OS be "mainstream" (online banking, college courses, etc...) if it's not an Apple or MS. Linux can't cross-license, no matter what. Novell can cross-license, Apple can cross-license - but neither Linux nor BSD can cross-license, because they are not "entities". Apple isn't cross-licensing patents that don't exist in BSD, they are cross-licensing their own patents that they have. Novell isn't cross-licensing patents that don't exist in Linux, they are cross-licensing patents that they have.

    Linux, _pure_ Linux, can't crosslicense. Because of this, lots of stuff doesn't "work", out-of-the-box.

    We all have hopes, we all have dreams. How we achieve them has a lot to do with our personal morality. Our perseverance, our unwillingness to give up even when others tell us we will fail...

    But the facts are the facts, and I am glad there are people like Linus around to remind us of those simple facts of life that we often tend to forget in a world where we are bombarded with nonsense.

    1. Re:need agreement by 3seas · · Score: 1

      And I'd call that a rant.

  49. Maybe this is a good thing? by dclozier · · Score: 2, Insightful

    Perhaps Sun will really put Solaris under GPL3 knowing Linus wont be able to use the code in his GPL2 kernel? Sun would start gaining developers who are turning to GPL3 themselves while Linux gets left behind. I think one of the earlier sticking points was Sun being afraid that much of what makes Solaris Solaris would be pulled into Linux without Solaris gaining any new ground. With the licensing differences between kernels Solaris wouldn't have to worry about that.

    1. Re:Maybe this is a good thing? by bobsledbob · · Score: 1

      Until Linux updates to GPL3, which could very well happen if their becomes some holy war between Solaris and Linux.

      --
      Beware of geeks bearing formulas.
    2. Re:Maybe this is a good thing? by bobsledbob · · Score: 1

      I hate that kind of typo! :( their => there

      Preview preview preview.

      --
      Beware of geeks bearing formulas.
    3. Re:Maybe this is a good thing? by QX-Mat · · Score: 1

      Bump.

      I see this as two things:

      1?
      Linis is showing his irrelevance to Open Source again. I feel betrayed. But thats too flamebait/trolly, and more feeling than substance for /.

      2!
      Linis is opening a hole for Solaris - and I really like Solaris... Really really like it. Infact, I've compared lxr and solaris code back to back for fun! Polished, clean and functional code.

      I'm not a huge Sun fan, tho I understood Sun's old issues on tethering Java for example. I am developer tho, and I like the idea of clean systems. I like the idea of sexy code - sun employed code formatters notwithstanding. If Solaris leapfrogged Linux and released a dual licensed GPL2 / GPL3 versions, it'd be a wet dream for most people.

      There'd be an extensive GPL3 patchset that would slowly grow to make a very functional modern OS - academia would finally take to Linux as a teaching tool (most lecturers I've talked to regarding the kernel see it as nice. Unfinished as minix is, its the unfinished nature that makes it an effective learning tool).

      One would imaging a GPL2 release would slowly mature at the pace embedded manufacturers desire (really slowly, so they dont have to allocate many developers!)...

      Matt

  50. So what has he ever done for "linux"? by Anonymous Coward · · Score: 1, Informative

    With all due respect to his work, what exactly has he ever done for "linux"? Yes the media often confuses "linux" with the whole of OSS neatly neglecting that OSS not only is much older then the Linux kernel written by Linus but that is also contains software written under a whole set of other licenses (BSD being the most important).

    Many people have problems with Richard Stallman, especially americans, because he keeps telling them stuff ain't right and you need to do something about it to make them right. That just ain't right, you can't expect people to ACT on things that are wrong and set them right! That is communism!

    The simple fact is that Richard Stallman so far has proven to be correct time and time again. The latest being the whole mess involving Microsoft and Novell/Suse deal.

    RS believes that software is/should at its base a basic need. That humanity as a whole will be better for it if basic software (like the linux kernel, but also the countless GPL tools) are available to all, to use and modify.

    I personally think he is right, it ain't hard to see that a world in which everyone can just buy and or make their own basic tools based on existing designs without having to worry about who owns what. Do you really want a world in which the philips screw REALLY is the philips screw and for every screw you use you got to pay philips a license and if you create a new screw you could be sueed for trespassing on their invention?

    People wonder why MS Vista is so goddman expensive. Why so much money for just an OS. Have any stopped to think to just how many people MS owns money to include their tiny piece of software to make a modern OS works? Just what hope would an individual, or even a non-billion dollar company have off ever licensing all the tools needed to make their own OS? Just imagine what "linux" would be without the GPL. Without Richard Stallman. It would be nothing more then a hobby project by some fin.

    Linus Torvald may be many things but he ain't a visionary. He is just a coder and a damn good project manager. A bloody good one and it is possible that without him the GPL would have never ever gotten itself a working kernel and have remained obscure and underused. GPL needs Linus Torvald but Linus torvald needs the GPL.

    But if anything this makes Linus the hypocrite, he is the one who wants to use the GPL (to make his kernel of any use whatsoever) without accepting the political ideas behind the GPL. Sad thing, but political ideals, require sacrifices. If you believe in democracy then your first sacrifice must be that you are willing to listen to majority rule for example.

    The simple fact is that the notion that software should be available to all, and under the control of all, has enemies.

    A somewhat related story, the current mess with internet radio. You don't really think this is about license fees do you? It is about taking control away from the public and making sure only the right people can operate radio stations. There was a time ANYONE could start their own over the air radio station and broadcast whatever they want. Dangerous things, naked titties, different political ideas, non-top-40 music!!!

    In a way GPL software is about the same thing, thanks to the efforts of Richard Stallman software has been taken out of the control of the likes of IBM and HP and even the newbie Microsoft and handed to the entire world. Count the number of linux distro's vs commercial OS'es. A sign of fracturing? Wasted resources? Splits in the community?

    No, they are a sign of people excersising freedom. You can take GPL (and all the other licenses) software and use it to suit your own needs. Wether that is Gentoo for the needs of the criminally insane or Red Flag for the needs of a ruthless dictatorship, they are essential if you believe that the software you use now and in the future should NOT be totally controlled by the party/state/monopoly.

    But there is a price to pay. There is a reason it is Li

    1. Re:So what has he ever done for "linux"? by Jeek+Elemental · · Score: 1

      "It would be nothing more then a hobby project by some fin."

      Its a little harsh insinuating Linus is part of fishy anatomy, perhaps you meant FINN? :)
      I agree mostly with your comments fwiw.
      If the GPL has to tug a little hard on the rope thats fine, theres alot of heavyweights on the other side.
      In an ideal world there wouldnt be a need for the points Linus objects to, but then again in an ideal world (from my pov) there wouldnt be a need for the GPL at all. Consider it the API for angels to interface with the world ;)

    2. Re:So what has he ever done for "linux"? by phantomlord · · Score: 1

      But if anything this makes Linus the hypocrite, he is the one who wants to use the GPL (to make his kernel of any use whatsoever) without accepting the political ideas behind the GPL. Sad thing, but political ideals, require sacrifices. If you believe in democracy then your first sacrifice must be that you are willing to listen to majority rule for example.
      For one thing, the kernel is perfectly usable regardless of the license it is under (whether or not people would want to contribute to it is a different story). That said...

      When polled about abortion(at least in the US), a majority of people say that it is the prerogative of the woman. However, when asked if late term abortions should be legal, a majority say they should be banned unless continuing the pregnancy would jeopardize the life of the mother. The point being. just because you believe in something doesn't mean that you think that something shouldn't have limits placed on it. Linus likes the GPL2 because it meant his source could be open and would have to stay open... he didn't license it under the GPL2 because he cared about dogma about the "four freedoms" (political ideals) or anything like that, he did it because the terms of the license suited HIS needs (and it was the license he used, not the entirety of the FSF dogma). By the same token, being pro-choice doesn't mean you have to accept the entire platform of the NOW (or pro-life meaning you have to worship the Pope).
      --
      Don't leave your mind so open that your brain falls out. Don't close it so much that you cut off the blood.
  51. Re:Nice job proving his point by QuantumG · · Score: 1

    A pure "everything is open, information cannot be controlled" philosophy might be cool and all, but it turns out not to work in the real actual world. I agree. We're talking about the BSD license right? Cause that's the reason why RMS went with copyleft in the first place.

    --
    How we know is more important than what we know.
  52. Read the original by jopet · · Score: 5, Informative

    That article can create some misunderstandings about what Torvalds actually said and meant. If you want to form your own opinion, read the email discussion thread (it is huge) at http://marc.info/?t=118136815500004&r=36&w=4 and Linus' posts e.g. at http://marc.info/?l=linux-kernel&m=118235728513045 &w=4 and http://marc.info/?l=linux-kernel&m=118236278730043 &w=4 .

    I think Linus' statements make much more sense in context.

    For instance, several posters here have responded to "Only religious fanatics and totalitarian states equate 'morality' with 'legality'," by pointing out that all western legal systems represent morality in some way. However that is missing the point, and I think, not what Linus meant. Democratic systems compromise on a *common* idea of how morality should be represented by laws. This is entirely different from religious fanatics or totalitarian states where the moral ideas of an individual or small group is the only acceptable one. The point Linus is making here is that the GPLv3 is used as a vehicle to impose upon others the ideas of a few and regulate what Linus thinks should be a matter of choice.

    I agree with Linus point of view: it might be wrong to trust in the choice of users. Maybe users will not do what I wish they would do - not buy DRM protected music etc. Maybe this will lead to a point where Linux needs a program that can play DRM protected media. But still, I think that taking that choice away from future Linux users would be the totalitarian way of trying to achieve things. Personally I would not want that. I hate DRM, software patents, vendor lock it, but as a *NIX user of more than a decade, I do not want Linux (and other open source software) to become the blunt weapon of a few fanatics instead of an inviting and competitive alternative.

    1. Re:Read the original by glwtta · · Score: 1

      But still, I think that taking that choice away from future Linux users would be the totalitarian way of trying to achieve things.

      OK, yes, it would, but how on earth does the GPL do that?

      --
      sic transit gloria mundi
    2. Re:Read the original by SillyNickName · · Score: 1

      The point Linus is making here is that the GPLv3 is used as a vehicle to impose upon others the ideas of a few and regulate what Linus thinks should be a matter of choice.
      Systems of laws *do* impose ideas of morality because they are not optional to those under their rule. The GPL on the other hand is optional and you do not have to use it or GPL covered software. So to claim that the GPL "is used as a vehicle to impose upon others the ideas of a few" is simply not true.
  53. Re:Who cares? by kriss · · Score: 1

    There was a choice of about two dozen distributed revision control systems around at the time that Linus decided to go with his mate's proprietary product, Bitkeeper, and there was about twice as many as that after that fiasco came to the head that everyone said it would but Linus was incapable of seeing.

    It seems that this is my phrase of the day here, but it depends on if you're looking at it from a software activist point of view or a slightly more pragmatic one. Bitkeeper is good, especially if you understand its strengths. In fact, Bitkeeper is very good. Does this mean that Darcs or Monotone sucks? Naturally not. But I'd definitely say that you can't imply that BK was chosen merely because of personal ties.

    (..a footnote, but since when is 'personal ties' a bad thing in the free software movement? Even with those evil, bad, nasty proprietary vendor people..)

  54. Freedom versus morality by rumblin'rabbit · · Score: 1, Informative

    The GPL has always been morality first, freedom second.

    The terms of GPL are quite stringent, and are designed to encourage/force people to release source code when they might otherwise not. From Stallman's own words, it's clear that this has always been a full frontal attack on the evility (new word) of proprietary code.

    The maximum amount of freedom is achieved simply by releasing software into the public domain, not by licensing through the GPL. That Stallman does not encourage this says much about his motivation.

    1. Re:Freedom versus morality by tepples · · Score: 2, Insightful

      The maximum amount of freedom is achieved simply by releasing software into the public domain, not by licensing through the GPL. The freedom granted in a simple all-permissive license, such as the license of FreeBSD, X11, or zlib, or (as you mention) an abandonment of copyright, includes the freedom to distribute a modified work in a way that takes away others' freedom. Sometimes this is acceptable, in which case a permissive license is best; other times it is not, in which case a copyleft license is best.

      That Stallman does not encourage this says much about his motivation. Even FSF admits in the GPL FAQ that there is a time and place for permissive licenses.
    2. Re:Freedom versus morality by glwtta · · Score: 1

      The GPL has always been morality first, freedom second.

      I suppose you can say that, but the "morality" of the GPL is "freedom first".

      The maximum amount of freedom is achieved simply by releasing software into the public domain, not by licensing through the GPL.

      RMS does not believe that to be the case. The people that use the GPL for their projects do not believe that to be the case.

      Other people believe differently and write licenses to reflect that (or release into the public domain) - what is so hard about this?

      RMS's "motivation" is Free software (and yes, all the ideology that goes along with it), if you don't think the GPL is the best way to get there, don't use it when you release free software. Simple enough?

      --
      sic transit gloria mundi
    3. Re:Freedom versus morality by rumblin'rabbit · · Score: 1
      the freedom to distribute a modified work in a way that takes away others' freedom.
      This gets down to how you define freedom. I've always been leary of definitions that seem to require freedom to be enforced. As an example, people might say they deserve to be free from other people's hurtful remarks, so in the name of freedom they are going to introduce a lot of restrictions on speech.

      Freedom has always been a two-edged sword - it gives you a lot of options, but be prepared to have to put up with people doing a lot of things you won't like.
    4. Re:Freedom versus morality by eht · · Score: 1

      No one is taking away anyone's freedom when they distribute a modified work without source.

      They're just not extending them the same courtesy they were given.

      Why don't you promote a law that would allow me to kill you? By not trying to get such a law passed, you're infringing on my freedom to kill you.

    5. Re:Freedom versus morality by UserGoogol · · Score: 1

      Public domain maximizes gross freedom, while the GPL is more concerned with net freedom, which is the more useful concept in my opinion. Freedom only has value when it is enjoyed. Although I might get a certain amount of satisfaction that I am not directly restricting anyone's freedoms, it's kind of a moot point if people's freedoms get restricted by other people.

      When you release a software under the public domain, you are minimizing the restrictions that you place on the software, but there are other people in the world and they could introduce their own restrictions. When software is released in a proprietary format or on hardware which does not allow modification, restrictions are introduced.

      Of course, public domain and BSD licensed software do increase net freedom somewhat, in that the original work remains basically free no matter what other people do. But to really maximize freedom, you need to not only not directly restrict people, but you need to make some effort to prevent restrictions in general from existing. This can be hard and it requires tradeoffs, since when restrictions are done by human beings, you have to restrict the restricters, and thus you have to calculate which restriction is worse. It is not a trivial matter to determine which restriction is worse, but I do think it is reasonable to suppose that the GPL-ish position of "Copies of this work may be made if and only if the distributor does not put any additional restrictions on the use, modification, or sharing of this work beyond those made in this sentence" is too unreasonable.

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
  55. This is an attempt to play up old news by Andy+Tai · · Score: 1

    The comment made by Torvalds was made on June 20, three weeks ago. Why suddenly this make news now? It seems there are attempts to use Linus' comments to help push Microsoft's agenda, in light of Microsoft's very recent anti-GPL v3 statements.

    --
    Free Software: the software by the people, of the people and for the people. Develop! Share! Enhance! Enjoy!
  56. Re:Nice job proving his point by Penguinisto · · Score: 1

    No, it's an "Ad hominem".

    The delivery mechanism is Ad Hominem... I believe that he's referring to the impetus behind it as "fanaticism"

    People can put what they want into GPLv3 - if it becomes popular then it will have "worked in the real actual world".

    (/me looks around at all the Windows installs in the world...)

    Cripes, man... don't SAY that!

    (IOW, "Hobson's Choice" isn't really a good reason for popularity, y'know?)

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  57. This is about re-licensing the Linux kernel by jopet · · Score: 1

    All those statements where made in the context of a discussion thread on the Linux kernel mailing list about whether the kernel should be re-licensed under GPLv3. Personally I agree with Linus and if you read the original thread on the mailing list (or part of it), things will make much more sense than what can be gathered from the article.

    1. Re:This is about re-licensing the Linux kernel by kosmosik · · Score: 1

      But still it does not answer my question. When *Linux* developers (not RMS) will decide to relicense Linux under whatever (but I don't see how it will be possible) license how it is RMS fault? They are not *forced* to do so. They can do so if they *wish*.

    2. Re:This is about re-licensing the Linux kernel by jopet · · Score: 1

      I think the issue is that you cannot just license individually contributed parts under either GPL2 or GPL3 whatever the contributor wishes, because v2 and v3 are incompatible (because of how v3 has been constructed). So either all parts get re-licensed or none. Linus speaks on behalf of those who *wish* not to relicense their code, for the reasons given by Linus.
      Again, this is all just about the kernel which is made of many many parts from many different contributors (some unknown) who would all have to agree to re-license their work.

      Anyone is free to add free/open software to Linux under GPL2 or GPL3 however they see fit, of course, that is not the point here.

    3. Re:This is about re-licensing the Linux kernel by kosmosik · · Score: 1

      Still I don't see how it is RMS fault. He just wrote the license (GPLv3) and it *is* compatible with GPLv2 - Linux uses *modified* GPLv2 license (so in fact modified GPL license is not really a GPL license).

      And maybe it is impossible to relicense Linux just because the problems you have stated. The fact that is impossible (or very hard) to relicense Linux has nothing to do with RMS nor with GPL. It is a matter of ownership. If Linus had used unmodified GPLv2 license there would be no problem. Right?

      But still - it is not the fault of RMS that Linus used incompatible modified-GPLv2 license. It is also not the fault of RMS that other projects that _are_not_Linux_exclusive_ (like maybe Solaris) will choose GPLv3.

      If Linus does not like GPLv3 maybe he can write other one. But I don't think that it would help with Linux ownership problems anyway.

    4. Re:This is about re-licensing the Linux kernel by phantomlord · · Score: 1
      The GPL3 is incompatible with the GPL2. The GPL2 specifically says that you cannot use any license which is more restrictive and the GPL3 introduces restrictions that were not in the GPL2.

      The GPL2 terms have absolutely NO terms allowing the code to be licensed under another future version of the GPL. I challenge you to read the terms and conditions of the license and find that in there. What it does say, under suggestions on how to use the license (specifically outside of the terms of the license), is

      one line to give the program's name and a brief idea of what it does. Copyright (C) year name of author 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.
      So... unless the author specifically includes the right to use future versions of the license, the right doesn't exist.

      The modification to the COPYING file in Linux adds the following:

      NOTE! This copyright does not cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does not fall under the heading of "derived work". Also note that the GPL below is copyrighted by the Free Software Foundation, but the instance of code that it refers to (the Linux kernel) is copyrighted by me and others who actually wrote it. Also note that the only valid version of the GPL as far as the kernel is concerned is _this_ particular version of the license (ie v2, not v2.2 or v3.x or whatever), unless explicitly otherwise stated.
      There are no new restrictions added, Linus was simply clarifying the legal opinion he received regarding the usage of the license (ie, that it doesn't cover the execution of programs). Thus, it was a clarification of Linus' opinion regarding the usage of, not a modification of, the GPL2 license.

      PS - had to edit out a few pieces of punctuation in the quotes due to the stupid lameness filter
      --
      Don't leave your mind so open that your brain falls out. Don't close it so much that you cut off the blood.
  58. Re:Who cares? by Maniac-X · · Score: 1

    I find it interesting how there is a group of people who have a huge hardon for the BSD license, and a group of people who have a hardon for GPL, and then everyone else who uses FOSS sits in the middle somewhere.

    --
    (A)bort, (R)etry, (I)gnore?_
  59. GPLv3 is nessessary. by Zombie+Ryushu · · Score: 1

    I don't agree with RMS's politics. RMS is a nut job. But, I have my fears. I tend to think that if bad and horrible things can happen, they are going to happen. They are going to happen to us. All we can do is do what we can to mitigate the damage.

    There are powerful forces out there fanatically dedicated to the destruction of the open source movement. Its not so much I care about the license that, if there is one thing I can do to preserve what Linux is, and the spirit Linux represents one more year. It doesn't matter if Linux survives so long as what Linux represents as a social idea survives.

  60. Re:Who cares? by Peter+Nikolic · · Score: 1

    > Solaris under GPL3

    Are you tryin to be funny or just plain DUMB you want slowaris go play in the slow lane an leave Linux alone
    Sheeeeeeeesssssssssssshhhh

    --
    Karma :Terrible I seriously like this cus at least i aint affraid of barking Caution i BITE (your a
  61. Re:Who cares? by helicon_00 · · Score: 1

    Who cares what Linus has to say?
    The value of his statement is not based on wether you agree or disagree with it; and his relevance is that his statements are often a good launch point for a dialog.
  62. Re:Who cares? by fimbulvetr · · Score: 1

    Nice ad-hom, I bet you get invited to all the conversations amongst your friends who have more than a middle-school education for your brilliant insights and clairvoyance.

    All you gave was some fanboyisms about solaris 10 and bsd, despite being unable to prove or come up with any sort of an argument for either.

  63. Re:Who cares? by Timothy+Brownawell · · Score: 1

    has shown to have made good judgements in the past. Are you talking about some different Linus to the rest of us?

    One word: Bitkeeper.

    Um, what? I seem to recall hearing that Bitkeeper sped things up quite a bit while it was around, and when things blew up it didn't take that long to replace. And that having such a good replacement was at least partially due to experience from using BK.

    Just because things blew up at one point doesn't make the whole thing a net loss.

  64. Linus is for freedom, both personal and software. by Anonymous Coward · · Score: 1, Insightful

    Linus wants Linux to be free that is why he used the GPL2, if one wants the software to be free one uses GPL2, if one wants the software+ to be free one uses the GPL3.

    I think the difference in their views can be seen in their politics. RMS is a liberal for a welfare state, and Linus is more of a libertarian. RMS wants to make choices for all of society, Linus wants to make choices for himself, and doesn't care what other people do as long as they respect the freedoms and restrictions he puts on his creation.

    RMS is trying to force his views on the rest of the GPL community. Linus doesn't have to go along, but it would cause alot of trouble if he didn't.

  65. Re:Who cares? by coaxial · · Score: 4, Insightful

    Who cares what Linus has to say? It's readily apparent that the inevitable consequence will be a shift away from Linux kernel under GPL2 towards Solaris under GPL3. Only by the people that use HURD will switch. No one else gives a damn.

    No one is switching to Solaris, because Solaris is dying, if not dead already. The only reason why Sun has opened it up is because they're desperate. Their expensive hardware has been replaced with commodity components, and their expensive OS has been replaced with one that costs nothing to aquire, Linux. Opening Solaris is desperation move, just like Netscape opening Navigator, only OpenSolaris won't get any traction in the Community, because the open source unix kernel niche is already occupied -- by Linux.

    Oh, and you forgot to call it GNU/Solaris.

    Linus is a tool. He goes on about how he picked his methodology because of efficiencies, not morality. But the fact of the matter is, other people have spent all this time assisting him because of the morality of the license. If they just wanted open-code efficiency, they would have went with the tried and true BSD license. You conclusion doesn't follow, since both BSD and GPL provide efficiency by leveraging the Bazaar as ESR called it. Linus decided for whatever reason, that GPL was more efficient. People assisted not because of the "morality" of the license, but because they got something out of it. An improved Unix kernel that ran ubiquitious 386 hardware. They could contribute, so they did. The same would have happned if he chose the BSD license. The GPL Is The One True License(tm) crowd is not, and never has been, the majority of the contributors, nor a majority of the key contributors, to the Linux kernel.

    If you want to look for a project that appeals to people that care more about political wankfests than getting real work done, look at HURD, or even FreeBSD, and look where those projects are. What's the install base of HURD? Twelve?

    Linus doesn't even write code anymore. If not for the perceived morality of having a kernel under the GPL, and the droves of developers who participated for that very reason, he would be a complete non-entity. Yeah, and RMS writes 1500 LOCs a day.

    Since when does someones ability to critique a political and legal document hinge on whether some one is actively writing code? It's not like Linus is sitting back and resting on his piles of money. (Like he has any.)

    You want to believe that people flocked to Linux because the GPL made it more "moral." Bullshit. People jumped on the Linux bandwaggon, because it was unix that ran on the 386. FreeBSD didn't even exist until 1993, and prior to that 386BSD wasn't even released until 1992. By comparison, Linux was initially released in 1991. It had first mover advantage and an open source license. That's it. So go and spout your historical revision somewhere else, because contrary to what RMS and the FSF mailing lists say, most people don't care about political statements. They just want their code to work.

    Easy enough to mouth off at this point. Isn't that all RMS does? And even more to the point, what you're doing?

    Now run along and file your bug report against the Linux kernel for using bitkeeper, or not calling itself GNU/Linux. The grown-ups have work to do.
  66. Let me get this straight... by Wesley+Everest · · Score: 1

    Stallman spends time and effort making a new license and even lets other people use it for free. Torvalds, a user of the license, would like to make some modifications to the license for his own purposes, but Stallman, the creator of the license won't let him. For refusing to allow users to make personal modifications, Torvalds likens Stallman to a totalitarian dictator.

    And what is the problem with the new license? Well, it seems that users of Tivos would like to make some modifications of their Tivos for their own purposes, but the creator of Tivos won't let them. Torvalds thinks that it's perfectly reasonable for Tivo to forbid users from making modifications to their Tivos for their own purposes, while Stallman likens Tivo to a totalitarian dictator for refusing to allow users to make personal modifications.

    Seems they have more in common than the article would have you believe...

  67. Re:Who cares? by QuantumG · · Score: 1

    Wow, that's a nice rosy memory you have.

    BitKeeper was a catastrophe that everyone could see coming except Linus. Binary drivers is the other one.

    --
    How we know is more important than what we know.
  68. What would Linus do with a trusted computing machi by Anonymous Coward · · Score: 3, Interesting

    We have heard about trusted computing. It has many disguises (the beast always does) but one of them is that hardware won't run unsigned code. Very handy, in theory. You wouldn't want just any code by any stranger to run on your own hardware do you? Even if that stranger is you?

    Offcourse trusted code is NOTHING MORE then code that has had someone pay for a certificate because we all know only people to be trusted can afford to do that (hint, sony's often mention rootkit could easily have PAYED to be run as a rootkit on a trusted computing platform).

    So where would Linus Torvald have gotten the money from to get a certificate to run his newly created kernel on his own computer?

    Kinda sounds like the clampdown a free internet radio. Sure, you can still broadcast anything you want, just pay us a small fortune, enough to make sure you are going to need a large enough mainstream audience to be able to pay for it and properly broadcast enough propaganda, ooops sorry, commercials to gather the fees.

    Could it be that in a future of trusted computing nobody could afford to launch a piece of software if they were not certain they could re-coup the costs of the certificate? Gosh, wouldn't that in one fell swoop eliminate all this free-software and give certain US interests total control of world-wide IT?

    Zealot has a lot of negative overtones. I prefer visionary. Richard Stallman has thought about all this and he has seen two possible futures, one with the GPL and one without. He seeems to think the one with the GPL will be a better one and I agree with him.

    Yes, going with him all the way will require sacrifices but frankly I haven't seen him be wrong yet.

    It is the whole inconvenient truth thing. No not just global warning and are you thinking about the amount of CO2 your computer is putting out wasting idle cycles while you are reading this?

    It is "so you are against the war for oil but you do drive. It is "you wanna be healthy but don't excersise and eat deep-fryed chemicals". It is "you want a democracy but don't want to vote or accept the rule of the majority".

    Richard Stallman has many a times written about how he sees the future with and without GPL software.

    Linus Torvald has done nothing off that sort, he is a project mananger. One of legendary quality to be sure and his work and effort has been of tremendous importance to OSS as a whole BUT he is that project manager who drives a car, because, well global warming surely can't be all down to him and public transport just doesn't work for a project manager.

    Linus Torvald wants to get things done, Richard Stallman wants to create a better world. In the short run the Linus way will get a you an easier to use OS, but RS way tries to make certain that you can actually USE that OS in the future.

    It is about flash. The flash player that is. Flash is closed source and therefore does NOT fit well with the GPL. Yet we want our Youtube. Linus is practical and thinks Linux (The desktop) should have Flash even if it is closed source. Great, we can watch youtube.

    Richard Stallman says we can't until flash has one way or another been made opensource, BUT that means he is telling us NOT to watch youtube as long as it uses flash. (Remember, there is absolutly no reason whatsoever that youtube couldn't just transmite regular video files which can then be played by any means the user desires.)

    The first way gives us what we want NOW but it will also result in a world with yet more flash only sites and no incentive for adobe to open up.

    The RS way denies us what we want right now BUT in the hope that in the future we either won't need it (youtube just broadcasting open video formats) or that we can get it on our own terms.

    It is not hard to see what would be a better deal, in the long term, and not right now when I got an IM on my AIM with FreeSmilies telling me about this amazing vid!


  69. Read his post in context by jopet · · Score: 1

    The point is that that in democracies, morality gets into laws by compromise and a process of agreement on common ground, not by an individual or small group trying to enforce it on everyone else. Linus argues that while the license should make software free it should not limit how it is used and instead give that choice to the users. I think DRM or software patents are a bad thing, but is the GPL the correct vehicle to make these things go away?

  70. Re:Who cares? by kriss · · Score: 2, Funny

    That is proven by history.

    No argument is possible.


    Translated: LALALALALALALALALALALA

  71. Kafaka said it best by goombah99 · · Score: 4, Insightful

    "you become what you hate".
    It's an amazingly true expression borne out again and again. People in their zeal to defeat an enemy they hate because of what they do, tend to gradually adopt the enemy's tactics. E.g. to "defeat" the soviet union in the cold war we became more totalitarian. To defeat the enemies of freedom, kidnappers and torturers, GWB has asked us to sacrifice civil liberties and set up guantanamo.

    THis happens at the personal level too not just in the drama of nations.

    One might even suspect Google finds it must sometimes adopt dubious tactics in order to quash what it sees a s Evil.

    Stallman appears to be on the same road in his obsession to counter microsofts.

    Kafaka's principle is hard to avoid. And when an entity feels threaten, feels it might loose or be seriously damaged it feels the ends justify the means. SOmetimes its' neccessary to stay with ones principles and tough out the assualt, rather than lose those principles.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Kafaka said it best by NDPTAL85 · · Score: 1

      It isn't always applicable though. Apple isn't becoming MS in their quest to defeat them. Apple's products remain attractive and easy to use.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    2. Re:Kafaka said it best by drsmithy · · Score: 1

      It isn't always applicable though. Apple isn't becoming MS in their quest to defeat them. Apple's products remain attractive and easy to use.

      Apple has always been just as bad as Microsoft. Their products - much like Microsoft's - "remain attractive and easy to use" only so long as you use them within the boundaries Apple expects you to.

    3. Re:Kafaka said it best by goombah99 · · Score: 1

      The exception proves the rule.
      That's another phrase that sometimes is hard to understand. If there were never exceptions to a rule then it's essential a natural law not a keen insight. Rules of thumb are insights.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    4. Re:Kafaka said it best by NDPTAL85 · · Score: 1

      Whats wrong with boundries? Without proper boundries we get out of control and may hurt ourselves.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    5. Re:Kafaka said it best by epee1221 · · Score: 1

      What doesn't only work within boundaries?

      --
      "The use-mention distinction" is not "enforced here."
    6. Re:Kafaka said it best by TapeCutter · · Score: 2, Funny

      "What doesn't only work within boundaries?"

      The current US administration.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:Kafaka said it best by Draek · · Score: 1

      but it's as monopolist as Microsoft, also integrates seemingly-unrelated products to maintain it's dominating position in the market, and also does it in the name of "integration".

      --
      No problem is insoluble in all conceivable circumstances.
    8. Re:Kafaka said it best by mrchaotica · · Score: 1

      Apple isn't becoming MS in their quest to defeat them.

      That's because Apple isn't on a "quest to defeat [Microsoft]!"

      --

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

    9. Re:Kafaka said it best by thethibs · · Score: 1

      It's an abbreviation for "the fact that exceptions are few and notable proves the validity of the general rule". The flip side of that coin is that only rare events make headlines; something to keep in mind when estimating risks.

      --
      I'm a Programmer. That's one level above Software Engineer and one level below Engineer.
    10. Re:Kafaka said it best by Stormy+Dragon · · Score: 1

      Or alternately, Nietzsche's version of the same thought:

      "Battle not with monsters, lest ye become a monster,
        and if you gaze into the abyss, the abyss gazes also into you."

  72. Re:shut up by Anonymous Coward · · Score: 1, Funny

    help! help! I'm being repressed!

  73. Huh? by glwtta · · Score: 1

    injecting their personal morality into the laws governing open source software with the release of GPLv3

    So the FSF can pass laws now? I actually don't think I'm against that...

    Or are they just injecting them into their license? How dare they inject their values into their license!

    --
    sic transit gloria mundi
  74. this is a fight over the definition of "freedom" by Fry-kun · · Score: 1

    First off, GPLv3 is not a software security upgrade - you don't have to use it if you don't want to.
    There is no morality issues here - the real issue here is different definitions of "freedom" - or rather, who/what that freedom is attached to. If I understand correctly, BSD-style license gives freedom to the people, while GPLv3 license gives freedom to the code. ..or am I missing something here?

    --
    Did you know that "FTW" ("for the win") is a direct translation of "Sieg Heil"?
  75. Re:Morality vs. The World[tm] by pinky0x51 · · Score: 1

    >One thing I've always wondered is, if the GNU is all about 'open source' and

    GNU isn't about Open Source, GNU is about Free Software!

    >For instance, I understand that they're trying to promote reciprocal freedom, but *freedom* implies directly that, well, you shouldn't have drastic, overarching restrictions on what people are legally allowed to do with software. The GPL puts a lot of restrictions on what you can't do, and what you're required to do if you even get near it, link to it, or do anything else.

    You can say it in one sentence:
    The GPL gives you the freedom to do what you want but denies you the power to restrict the freedom of others.
    Or:
    Your freedom ends where my freedom begins.

    --
    Support Free Software! Join FSFE's Fellowship: http://fellowship.fsfe.org
  76. Re:Who cares? by Kaemaril · · Score: 1

    "Nice ad-hom, I bet you get invited to all the conversations amongst your friends who have more than a middle-school education for your brilliant insights and clairvoyance."

    Oh, well played. An ad hom in a post complaining about ad hom. Bravo!

  77. How Torvalds is just talking out of his ass--again by Freed · · Score: 1

    While Torvalds is undisputably a great engineer, on some non-technical matters he tends to rely on his engineering reputation to substitute for sound arguments.

    One error that Torvalds makes is that he falsely characterizes what the FSF has said in the past about the act of choosing a license.

    The FSF believes that such an act is an exercise of power, not of freedom. Thus, just as the FSF can and does exercise power to upgrade the license of GNU software to GPL3, so too would the FSF agree that Torvalds can and does exercise the power to keep the Linux kernel under GPL2.

    In order to be hypocritical here, the FSF would have to claim the ability or justification of their choice but deny Torvalds' his. However, they did not do that; they simply see any such choice as an exercise of power and not of freedom. Torvalds' argument relies on people somehow believing that the FSF has claimed something special that he cannot.

    Too often, Torvalds just throws out claims, hoping that they will stick. He appears to be decreasingly trustworthy on some non-technical matters.

  78. Idealism may not be of this world, but... by smchris · · Score: 1

    it isn't a bad goal to fall short of.

    Spoken as a Debian user with Nvidia drivers, Doom 3 and such on the hard drive.

    I guess the motto is, "I'd rather be a hypocritical idealist than an unprincipled 'realist'".

  79. If they're loopholes, you're right. by Eco-Mono · · Score: 2, Insightful

    The thing is, Linus knows exactly what loopholes the GPLv3 is closing, and he doesn't consider them to be bad things. And in a way, he's got a point. Tivo's video-processing code can still be used in other applications, after all. Isn't that free enough? Furthermore, doesn't the GPLv3 prohibit *anybody* from writing GPLv3 code that runs on a Tivo, even if they weren't the ones who locked the hardware down in the first place? I think that, from the point of view of the FSF, the GPLv3 makes a lot of sense. But Linus doesn't seem to feel that a lot of the FSF's problems really *are* problems. It's the GPL vs BSD thing all over again, and the question of how much specific freedom you restrict in order to ensure overall freedom, and just because Linus sees the question a different way doesn't necessarily make him right or wrong.

    --
    (rot13) rpbzbab@tznvy.pbz
    1. Re:If they're loopholes, you're right. by Rutulian · · Score: 1

      Tivo's video-processing code can still be used in other applications, after all.

      That's a good point, but what if I want to add a new dithering algorithm and run it on my Tivo? Actually, let's take a different tack. I write general networking stack. Company makes a networking appliance and uses general networking stack to run it. I realize later that there is an exploitable bug in my code and write a patch. Now, can I use my patched software with the networking appliance I purchased, or do I have to wait for the company to get around to compiling the new version and distributing signed binaries?

      Furthermore, doesn't the GPLv3 prohibit *anybody* from writing GPLv3 code that runs on a Tivo

      No. I'm not sure where you got that idea. I suggest actually reading the GPL. Specifically the part in the preamble that states the terms of the GPL apply only to those who distribute the software. If you own the copyright to the code, you can do whatever you want with it.

      Linus is, of course, entitled to his opinion. But, seriously, the new provisions of the gpl don't hurt anyone. You have to remember, companies that wish to distribute gpl'd software are still getting a lot of work done for free (which saves them a lot in development money). Giving back modifications and the right to use modifications free from patent and hardware restrictions is a fair trade. It's not like they are requiring everybody to contribute $5 to the FSF legal fund for every binary distributed. If a company doesn't like the terms of the gpl, they can do as they have always been able to: find a differently licensed project with similar functionality, write their own code, or pay the developers for the right to distribute the code under an alternate license.

    2. Re:If they're loopholes, you're right. by Eco-Mono · · Score: 1

      Argument #1 is a pretty good one. As for point #2, sed s/write/distribute/g... but I'll go and actually read the GPLv3 anyway ^_^

      --
      (rot13) rpbzbab@tznvy.pbz
  80. Re:Who cares? by wrook · · Score: 4, Insightful

    In the 90's, I think most of the people worked on Linux due to the unclear legal status of BSD, not some funny "morality" issue.


    I'm going to disagree with you on this one. Having tried to contribute to all three of popular systems in the early nineties (Linux, BSD, and Hurd), Linux was the *only* one where you could easily get any work done. I still remember getting emails from a certain someone (not RMS) telling me to go away because they only wanted experienced people working on the Hurd.


    People who have read my posts previously know I'm a huge FSF fan. I'm also a huge RMS fan. But Linus changed the way free software was written. It didn't matter who the hell you were, if your code was good it got submitted. Before Linux you often needed to be in a clique to work on a high profile project.


    While RMS envisioned free software development, IMHO Linus was the first to really realize it. He was the first to lead a huge group of people to do amazing things over the internet. Free software owes him a huge amount. The way we work now, the things we take for granted, are in large part inspired by how he ran the Linux kernel project in those early years. Now almost everyone does it that way.


    Maybe it's hard to understand how this was a choice of "morals". But quite seriously, after being treated like I was, I wouldn't work on the Hurd nor *-BSD if you paid me to. Linux was the place to be *precisely* because it implemented the moral situation that was ideal for free software development. Everyone was treated as an equal. There was no "secret code". There were no "private" repositories. You could just do your thing. If it was good enough, Linus would roll it into his distribution.


    The GPL doesn't enforce morals. It is a legal document after all. But it can set the stage to clear barriers for people working together. Many licenses force people not to work together, even if they want to. They insist on creating classes of users/developers -- some with more rights than others. IMHO, this is the "moral" issue that the FSF is trying to tackle. There's a hell of a lot more to it than just a license. But it's a start.


    So while most people didn't sit down and say "Hey, Linus is being more moral", people chose to work on the project simply because it was better. He actually acted in the spirit of license he chose. It was fun/possible to contribute. You didn't feel like a schmuck just for asking for the latest build. And I suspect if this ever changed dramatically in the Linux kernel development, you'd get a lot of people jumping ship.


    P.S. You won't find my name amongst the Linux kernel developers. Shortly after started working on things I actually signed an inventions agreement that forbade me from doing free software development. Yes, I sold out. I did that for years and years. Until finally I got sick of treating my customers like shit. I finished my last proprietary gig a week ago and I'm not looking back.

  81. GCC and GPLv3 by 1729 · · Score: 2, Insightful

    You know, after EGCS (and the associated bazaar development model) became the official GCC branch, I kinda figured they'd face the same problem as the kernel does of producing a GPLv3 branch--with thousands of contributers having provided their work under GPLv2, it would be impossible to track them all down and get their permission to relicense their work as GPLv3. Yet I see announcements for GPLv3 trumpeting the fact that the GCC project is "on board". Can someone explain to me what I'm missing here?
    To contribute a non-trivial patch to gcc, you have to sign the copyright over to the FSF, so it's up to the FSF (and RMS, in particular) to decide how gcc will be licensed. However, switching to GPLv3 is still not going to be trivial for gcc. In particular, what can be backported to old releases and under which version of the GPL? There's currently a lot of discussion on the gcc list about this issue.
    1. Re:GCC and GPLv3 by Henry+V+.009 · · Score: 1

      Is there any reason that large projects can't require all new patches to be GPLv3, while leaving the old code GPLv2? After all, the old code has already been released, so it's not like it can be un-GPLv2'd.

    2. Re:GCC and GPLv3 by 1729 · · Score: 1

      Is there any reason that large projects can't require all new patches to be GPLv3, while leaving the old code GPLv2? After all, the old code has already been released, so it's not like it can be un-GPLv2'd.
      According to the FSF, v2 and v3 are incompatible, so backporting a GPLv3'd patch would require relicensing the old code. GCC has a "GPLv2 or later" clause, so future releases can be licensed under GPLv3 (and since FSF owns the copyright, they can license it as they please). It's also possible to dual-license a patch so it can be backported to an old GPLv2 branch as well as a current GPLv3 branch, but in the case of GCC, it appears that RMS is opposed doing so.
  82. Re:Who cares? by Virgil+Tibbs · · Score: 1

    admitedly it may not be *inevitable* but if debian (or $other_distro) was to switch to opensolaris or put an emphasis on on devleoping on solaris then ubuntu would probably go solaris... while to many of the hard-core users that might mean nothing and for server's you might see no difference you might see desktop linux (-cue desktop linux arrival jokes) switch to opensolaris... it may no seem like thats likly atm BUT a while back it was somewhat inconcievable to have high quality software which you could do stuff to etc (FSF/GPL)

    --
    www.tdobson.net #### Dare to Dream #### blog.tdobson.net
  83. Whatever happened to.. by arakon · · Score: 1

    a bunch of nerds with free time just writing kick-ass cool software. Why is it any damn thing done these days you need a "legal team". Am I the ONLY individual out here who is tired of all this damn overly complex legalese that's clouding up the water?

    Hows this for a license..

    "We made this, we include the code so you can see how, if you modify it pass it along and give credit to original authors. Use it anyway you want."

    "PS. If you break something, law or other wise, thats on your dime."

    I mean can't these people find something to argue about that actually matters? Like how to keep people from starving to death, stop poaching, and get a government back that actually works for "the People" and not for "the Big Money"? Just break out the damn rulers already and settle it and move on.

    Everyone needs to go somewhere to witness true suffering and have to defend themselves to stay alive so they can get real perspective on what really is important in life. Hint, it's not how some guys in an office are writing some imaginary rules for something that they give away for free.

    --
    "If I were bound by all laws everywhere I'm sure I would have committed a capital crime somewhere."
    1. Re:Whatever happened to.. by maz2331 · · Score: 1

      The reason is that the lawyers are basically a guild in existence to generate money for each other. They WILL find a "legal" way to find the simple license illegal in some way or another.

    2. Re:Whatever happened to.. by VGPowerlord · · Score: 1

      You know, I'm willing to bet that's how the MIT License read before the lawyers got to it.

      Of course, the FSF won't go for that license because they can't see the code if someone makes changes and distributes the changed version as binaries.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    3. Re:Whatever happened to.. by arakon · · Score: 1

      That is a pretty nice license and its pretty short too.

      --
      "If I were bound by all laws everywhere I'm sure I would have committed a capital crime somewhere."
  84. Legislate morality by paulsnx2 · · Score: 2, Insightful

    I am often amazed when people claim you can't legislate morality...

    The only reasonable laws are moral laws. Where laws are nothing but arbitrary, then they are not moral and thus are not just.

    What most people mean when they say this is that legislation cannot be used to define morality. In other words, many immoral behaviors (lying, cheating at cards, being mean, being a jerk, etc. etc. etc.) will always be legal. The set of behaviors allowed by law will never be the same as the set of moral behaviors.

    1. Re:Legislate morality by SuiteSisterMary · · Score: 1

      The only reasonable laws are moral laws.

      Nonsense.

      Where laws are nothing but arbitrary, then they are not moral and thus are not just.

      Arbitrary laws are bad, but there are other choices than 'abritrary' and 'moral.'

      Laws should be about the public good, not about morality. A lot of 'public good' happens to fit in with common morality; laws against murder, rape, and so on. But as soon as you start legislating things like 'a married man shall not be in a room alone with an umarried woman,' or 'A 17 year old having sex with a fifteen year old is fine, but if she then gives him a BJ, he gets 10 years and a permanant sex-offender status,' or 'you will attend the church of my choice every day' you have problems.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  85. Re:Who cares? by Kuciwalker · · Score: 2, Insightful
    That, and (as MSFT later proved head-on w/ their TCP/IP implementations), the classic BSD license really doesn't protect against theft and proprietary lock-down of improvements.

    You obviously don't grok the BSD license then, because it's not supposed to "protect" against that. What Microsoft did by including the BSD TCP/IP stack in Windows is the intention of those who license under BSD.

  86. its called "copyright law" by Em+Ellel · · Score: 1

    injecting their personal morality into the laws governing open source software with the release of GPLv3

    So the FSF can pass laws now? I actually don't think I'm against that...

    Or are they just injecting them into their license? How dare they inject their values into their license! Last I checked copyright *laws* were still laws and copyright violations - be they claimed by RIAA's restrictive license or FSF's restrictive license - are still covered by said laws. But unlike RIAA , FSF claims to stand for "freedom"

    So, his comment simply points out that under the banner of "freedom" a whole bunch of rights have been taken away from end users via GPL3. He is not saying "how dare they" or saying they don't have the right - just pointing out the obvious hypocrisy of taking away rights and freedoms based on religious beliefs and claiming to do it "in the name of freedom".

    -Em
    --
    RelevantElephants: A Somatic WebComic...
    1. Re:its called "copyright law" by glwtta · · Score: 1

      Nope, sorry. To "inject morality into the laws" you have to be writing those laws - the FSF has no control over copyright law, they are just using it.

      a whole bunch of rights have been taken away from end users via GPL3

      The GPL restricts absolutely nothing of what end users do. And can we remember for a second that the GPL grants rights? Granting less rights isn't the same as taking them away.

      the obvious hypocrisy of taking away rights and freedoms based on religious beliefs and claiming to do it "in the name of freedom"

      That's the part I really don't get - the "religious beliefs" in this case are software freedom - wouldn't it only by hypocrisy if they weren't actually acting "in the name of freedom"? You may disagree with their methods, but that would speak to "ineptness", not "hypocrisy", no?

      --
      sic transit gloria mundi
    2. Re:its called "copyright law" by Em+Ellel · · Score: 1

      Nope, sorry. To "inject morality into the laws" you have to be writing those laws - the FSF has no control over copyright law, they are just using it. Fair enough, maybe "injecting" was not the best choice of words, but nitpicking does not change the fact that personal "moral" stance was added to restrict what you can and cannot do under law.

      a whole bunch of rights have been taken away from end users via GPL3

      The GPL restricts absolutely nothing of what end users do. And can we remember for a second that the GPL grants rights? Granting less rights isn't the same as taking them away. In and of itself, you may be right but consider this:

      GPLv2 - you are allowed to do something
      GPLv3 - you are no longer allowed to do something

      I call this taking away rights if a project would move from v2 to v3. I am not saying they don't have right to, but any way of slicing, it is taking away rights.

      the obvious hypocrisy of taking away rights and freedoms based on religious beliefs and claiming to do it "in the name of freedom"

      That's the part I really don't get - the "religious beliefs" in this case are software freedom - wouldn't it only by hypocrisy if they weren't actually acting "in the name of freedom"? You may disagree with their methods, but that would speak to "ineptness", not "hypocrisy", no? No, FSF being the proponents of software freedom while condemning people from exercising that freedom in the way inconsistent with FSF's beliefs is pretty much the textbook definition of hypocrisy - although I would agree that "ineptness" may be also appropriate if they are trying to spread software freedom.

      -Em

      --
      RelevantElephants: A Somatic WebComic...
  87. Linus Torvalds and RMS have different perspectives by anwyn · · Score: 4, Informative
    Linus' original message is by no means as confrontational and sharp as the Infoworld indicates. Linus and RMS are comming from different perspectives. Linus' is more pragmatic. RMS is driven by his particular beliefs. The kernel will definitely not be moving to GPLv3. The world is not comming to and end. GPLv2 and GPLv3 software can coexist on the same distribution.

    Both are sincere in their beliefs. RMS is accused of being idealogical and hard to get along with, however it was perspective and tenacious that created free software and the GPL in the first place.

    RMS is the original author of GPL, gcc, bash, glib, emacs and many other important tools. No "normal" person would have had the vision or determination to do what RMS has done. He originally intended to create the compiler, the runtime library, the editor (emacs) and to OS. Only a person that was a little bit "crazy" would have even attempted to do this. The Free software world and the "open source" world are greatly indebted to RMS, no matter how hard to get along with he is, or what people may think of him. The vary characteristics that some people dislike, are exactly the characteristics that made it possible for RMS to achieve what he achieved. Without RMS free software would be nowhere. The GPL was introduced from the start, as being with a certain idealogical intent, the intent of the GPLv3 is in the same spirit as this intent.

    It may be this idealogical attitude, together with acceptance of a faulty academic idea called the microkernel, that caused RMS to fail in creating a workable kernel to work with his other software. The HURD is nowhere.

    What is called GNU/Linux and sometimes just Linux, is a merger between Linus' kernel and RMS' free software, and much other software.

    Linus attitude is pragmatic. He uses the GPL as a tool just has he uses gcc. He is a great programmer and kernel hacker. He had the wit to reject the academic idea of the Microkernel which if adopted could have killed Linux just has it did the Hurd. There is no better person to lead the Linux kernel project.

    If the BSDI USL lawsuit had not delayed the BSD project there would have been no Linux. Linus would have joined one of the BSD projects as just another BSD hacker. One of the BSDs would have become the dominant free software OS.

    I believe that if this had happened, Microsoft would have destroyed BSD's commercial chances using "embrace and extend". They would have created a BSD/Windows hybrid that would have duplicated BSD's API. This would have happened because BSD lacks the GPL's so called "viral clause" that prevents embrace and extend. The existence of this hybrid would have been used by Microsoft to prevent the suits from even considering a move to free software.

    Linus lacks the vision that RMS has. This has caused him to make several blunders such as the Bitkeeper Debacle. However the discipline implicit in the GPLv2 will prevent him from making any fatal mistakes. Were Linus to attempt to go in any totally insane direction, his project will fork. He knows this vary well.

    I have given several presentations to Austin Linux Group from this perspective.

    Free software history

    Lessons of Free Software History

    Tanenbaum-Torvalds microkernel vs monolithic kernel Debate

  88. Re:They're above board, not badguys. by Chibi+Merrow · · Score: 4, Insightful

    Also, these hardware manufacturers are also software distributors. If they weren't, the license wouldn't bind them at all, dummy. Did you even think that through beyond it sounding like a snappy comeback? Because it doesn't make any sense at all.

    Yes, and the software they distribute is in no way limited. You can take it and run it on your home built PVR box if you want. What TiVo restricted was running someone else's code on their HARDWARE. So why is a software license limiting their choices in regards to their hardware, dummy?
     

    But who am I kidding? Clearly it's evil to prevent evil because preventing things is an evil denial of freedom.

    Preventing "evil" by denying someone freedom who has done nothing wrong is evil. It's not "evil" for TiVo to say "our hardware will not run unsigned binaries". It's a business decision. If you don't like it, take your business elsewhere.

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  89. Just one more thing lieutenant... by neuromancer23 · · Score: 1
  90. Re:Linus the engineer & Linus out of his depth by Virgil+Tibbs · · Score: 1

    I think you are absolutely right... ok maybe i wouldnt go as far as "idiot" but i certainly don't agree with his views... i wish he would put the kernal under GPL3 and just shut up... or we switched to opensolaris... or maaybe i'd just be happy if he just shut up he tends to get on my nerves taking up half thought out views... in many ways it is unfortunate that he has so much infulence by him simply being the project leader of a medium/large *free* software project... while he certainly is a great engineer and their are certainly things we should happily attribute to him - the way FREE SOFTWARE projects colabarate etc but i find the way he has gone from student tinkering with computer to celebraty/influential figure a bit disturbing... the thing most disturbing is that while stallman is consist, does the right things[from his point of view], rarely drops a comment out of place Linus is relativly young inexperienced in legal matters and inconsistant if you think that stallman has been campaning for free software since probably before linus had ever encoutered a computer... it sets you thinking... -- if you respect my point of view... ill respect yours... you flame me... & i'll get firehose ;)

    --
    www.tdobson.net #### Dare to Dream #### blog.tdobson.net
  91. Re:Who cares? by drsmithy · · Score: 3, Insightful

    That, and (as MSFT later proved head-on w/ their TCP/IP implementations), the classic BSD license really doesn't protect against theft and proprietary lock-down of improvements.

    Please explain how it is possible to "steal" BSD-licensed code. The whole *point* of the license is that it allows anyone to take the source code and do whatever they want with it.

    There are few things that identify a GPL-zealot more effectively than talking about code being "stolen" because someone else's changes to it were not "shared". It's like making a speech in public and then complaining about how all the people who heard it "stole" from you.

  92. Re:Who cares? by RightSaidFred99 · · Score: 1

    Oooh, sorry. There will be no shift towards OpenSolaris. The fact is serious people don't give a flying shit about what it's licensed under, they care what they can do with the software. GPLv2, while still a piece of shit license, is more open than GPLv3. Nobody but a few nutcase zealots will move from Linux to OpenSolaris because of the licensing.

  93. Morality vs. legality by PhxBlue · · Score: 1

    "Only religious fanatics and totalitarian states equate morality with legality," Torvalds wrote.'"

    Right, so when do we abolish the laws against murder, rape, etc.?

    --
    !#@%*)anks for hanging up the phone, dear.
    1. Re:Morality vs. legality by Em+Ellel · · Score: 1

      "Only religious fanatics and totalitarian states equate morality with legality," Torvalds wrote.'"



      Right, so when do we abolish the laws against murder, rape, etc.?

      In a "free country" laws are not supposed to be a function of morality - but a function of protection of its citizens. Totalitarian and religious states on the other hand tend to make the leader's or religious morality the law. So, just because a specific law is moral does not mean that morality is the law... if latter were the case we would be all be required by law to attend church, to not have sex out of wedlock, to "donate" money to church, and do all the other crap that passes for "morality" for majority of the world. The real problem with "morality" is that everyone defines it their own way and true "freedom" is ability to choose what you consider moral.

      -Em

      --
      RelevantElephants: A Somatic WebComic...
  94. Re:Only religious fanatics and totalitarian states by AK+Marc · · Score: 1

    Every legal system enforces ideas of morality.

    Yes, it's immoral to speed. It's immoral to have commercial and residential uses intermingled (zoning laws). All our laws are there to enforce morality. Laws are there to tell people what to do, and the people that make up the government have used that to force people to do what they would like them to do (the morality laws you mention) but morality is not the same for everyone. Are blue laws enforcing morality? Why is it moral to buy the fabric for curtains on Sunday, but not the hardware to hang them? Why is it legal for car dealerships to be open on Sundays, but not if they were also open Saturday? I agree that some laws are based in morality, but the majority of laws now are about control of actions, not right and wrong. There are far more laws concerning land use than violence (mainly because the laws against violence are simple and clear). Enforcing morality may have been the goal long ago, but laws have evolved to something completely separate from morality.

  95. Re: Legality and morality by Em+Ellel · · Score: 1


    There is a huge difference between making laws moral and making morality law. The first is what you are talking about, the second is what Linus was talking about.

    -Em

    --
    RelevantElephants: A Somatic WebComic...
  96. Re:Who cares? by metamatic · · Score: 1

    Have Sun actually announced their intention to license OpenSolaris under GPL 3? I can't find anything definite via the obvious means.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  97. Forget Linus for a minute... by CustomDesigned · · Score: 4, Insightful

    What do you agree/disagree with in GPL3? I am glad that patent abuse is addressed. However, I never thought Tivo was all that evil. You *could* after all, take their code and use it on your own hardware. We all want our voting machines to run open source software - but such hardware needs to be locked in the same manner as a Tivo. GPL3 software could not be used for an open source voting machine! Fortunately, the application is small enough that alternative licenses could probably be bought/negotiated from copyright holders.

    1. Re:Forget Linus for a minute... by QuantumG · · Score: 2, Interesting

      I agree with the anti-tivoization provisions because I understand Free Software. So long as you keep saying "well, customers can just choose not to buy that" then you're missing the entire point of the GPL. The restrictions in the GPL are there to ensure that all the users of the software have freedom. If you're happy with "vote with your feet" then the BSD is all you need. After all, people can just choose not to buy proprietary software as much as they can just choose not to buy locked down hardware. The restrictions on tivoization of hardware are exactly the same as the restrictions on making proprietary software. It's consistent and it makes sense.

      --
      How we know is more important than what we know.
    2. Re:Forget Linus for a minute... by dgatwood · · Score: 1

      I disagree with the anti-tivoization provisions because I understand Free Software and I understand software developers. I'm with Linus on this one. GPLv3 goes way, way, way too far. In its attempt to guarantee freedom, it will end up quashing usage under fear of the wrath of RMS. Not a single piece of software I write or maintain will be going GPLv3, and nothing I write contains the "or later" clause and never will.

      You see, Stallman has it ass backwards. That's not something I say very often about anybody, so hear me out.

      If TiVo had to obey those draconian rules, there's every bit as much chance that they would not have used Linux in the first place. TiVo contributed lots of changes to the kernel that improved its usability in such devices. When TiVo later started locking down the technology against "hackers", what happened? More free and/or open source software: MythTV, Freevo, etc. took its place among the geek community.

      The thing is, the people who are going to try to hack the software in their box are not the average consumer. The average consumer does not and will never care. For the geeks who do, they will always route around damage like TiVo's locked-down hardware. In the meantime, by using GPLv2, that geek community gets to benefit from many of the advancements done by companies that do lock down their hardware, whereas with the GPLv3, that company would instead choose to either use BSD tools or avoid FLOSS entirely, and then nobody benefits.

      IMHO, LGPLv2 is generally the right balance between the freedoms of the user, the installer/hardware vendor, and the developer. It puts everyone on approximately equal footing. By contrast, GPLv3 attempts to tip the tables away from the installer/hardware vendor. In its naive attempt to force "freedom" down their throats, it is instead actively driving companies away from using GPLed software, and this trend will only continue. Mark my words: in ten years, software that went GPLv3 will be a footnote in history, doomed to obsolescence by alternatives written under less anti-corporate licenses. Samba, I'm looking at you.

      The purpose of the GPL when I signed on back in the day was to preserve the rights of the user to see the software and modify it, not to limit who could install the software and how it could be installed, and not to be anti-corporation. However, over the past few years working in the real world, I've quickly grown to see the GPL less as a carrot and more as a stick. I've found that corporations are just as likely to give back to BSD-licensed, MIT-licensed, and LGPL-licensed projects as GPL-licensed projects, but are more likely to use non-GPL projects in the first place. The ones who would not give back won't use a GPL-licensed project, but most of them won't use any open source project at all. The net result is that the non-GPL projects get more of the eyes that make all bugs shallow. In the end, non-GPL licenses will win because the GPL is too cynical, too anti-corporate, and generally assumes the worst in people, breeding an atmosphere of distrust, while other licenses such as BSD breed an atmosphere of... at least tolerance of closed-source software.

      You see, unlike the folks who drafted GPLv3, I accept reality: if we as open source and free software developers can't find a way to work with closed-source software vendors for our mutual benefit, the closed-source software developers win by default. They have the money, they have the staff, they have the financial motivation to make things happen. Only by working together can we set ourselves apart.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Forget Linus for a minute... by QuantumG · · Score: 1

      So you're suggesting that some users of the software should be unfree so that more people use the software.

      Thanks, we've heard that viewpoint. We've gone through it a dozen times. We don't need you to write 500 words on it again.

      Listen, and listen good. If even one user of the software does not have freedom, the license is broken. If you don't like that, don't use the license.

      Sheesh.

      --
      How we know is more important than what we know.
    4. Re:Forget Linus for a minute... by RLaager · · Score: 1

      The distinction there is that the user of the software is the user of the hardware. The GPLv3 seeks to protect the user's right to change the software on their hardware and run the resulting derivative. In the Tivo case, it prohibits the vendor from tying the hands of the user. It doesn't prevent the user from locking down his own machines.

    5. Re:Forget Linus for a minute... by Ohreally_factor · · Score: 1

      So you're suggesting that some users of the software should be unfree so that more people use the software. Actually, I thought that was what you were proposing. Some users should not be free to design hardware if their designs limit the very small amount of people that want to repurpose or modify the hardware. Actually, that wouldn't be right. Because by limiting the hardware designing user making hardware for the consumer, you're limiting all the potential buyers of that hardware from using the software. So, I guess your equation is right, especially when you apply it to the GPL 3. Limit users, as the FSF wants to do, and you end up with less users. Hope that works out for you.

      Listen, and listen good. If even one user of the software does not have freedom, the license is broken. If you don't like that, don't use the license. Sound to me like the GPL 3 is broken, then. Defective by design?
      --
      It's not offtopic, dumbass. It's orthogonal.
    6. Re:Forget Linus for a minute... by lspd · · Score: 1

      We all want our voting machines to run open source software - but such hardware needs to be locked in the same manner as a Tivo. GPL3 software could not be used for an open source voting machine!

      So you'd rather that only Diebold can compile binaries to run on their voting machines? The Tivo concept isn't that everyone watching the device should have access to the keys used to lock it down. The idea is that the people who purchase the hardware and received the software should have the keys to fully use the equipment they own. Likewise, I don't expect to compile my own voting software and demand it's installed at the polling place. What I do demand is that the state is given the tools necessary to verify that the source code they audit is actually used on the voting machines.

    7. Re:Forget Linus for a minute... by mrchaotica · · Score: 1

      However, I never thought Tivo was all that evil. You *could* after all, take their code and use it on your own hardware.

      Not if "your own hardware" happened to be a TiVo! And that's the problem.

      Remember the origin of the GPL: RMS was disallowed from fixing his existing printer. Not some other model of printer that he could have bought to replace it, and not a driver-compatible copy of it he could have built himself, but the existing printer that he already owned. After that bad experience, he created the GPL with the goal that users would never again be held hostage by the manufacturer of their equipment, unable to fix the hardware that they already owned.

      Now, back then, the issue was simply not having the source code, so that's what the GPL addressed. Now the issue is also DRM. But that's no difference; the overall goal -- allowing the user to fix his own existing hardware -- hasn't changed!

      Now do you see why TiVo's actions were considered to be a problem?

      --

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

    8. Re:Forget Linus for a minute... by mrchaotica · · Score: 1

      Some users should not be free to design hardware if their designs limit the very small amount of people that want to repurpose or modify the hardware.

      Nice strawman there. But what you refuse to acknowledge is that disallowing DRM -- and the GPLv3 doesn't even do that -- does not limit the hardware designers in any way! DRM, by its nature, is an artificial restriction. Prohibiting an artificial restriction is not itself a restriction, because the designers are still free to enable whatever functionality they want. Or, said another way, there is nothing can accomplish with GPL-violating DRM that it can't accomplish without.

      --

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

    9. Re:Forget Linus for a minute... by 12357bd · · Score: 1

      We all want our voting machines to run open source software - but such hardware needs to be locked in the same manner as a Tivo

      False, DRM'd open source voting machines are not open al all.

      --
      What's in a sig?
    10. Re:Forget Linus for a minute... by A+beautiful+mind · · Score: 1

      Please read the FSF's explanation why voting machines can use GPLv3 software. There is no need to spread misinformation.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    11. Re:Forget Linus for a minute... by dgatwood · · Score: 1

      Yes there is. Getting the rights to distribute content. Maybe eventually the record companies will come to their senses, but in the meantime, we have to deal with DRM, and if you don't like that, don't buy music that comes with DRM. In any case, this isn't about DRM. It's about limiting the rights of users. The installers are GPL users, too, and the GPL in prior versions made it clear that it was not supposed to be thought of as a license that takes away rights. GPLv3 does. It really is that simple in my mind. The lack of a linking exception also falls into that category in my mind, which is why I try to use the LGPL for anything that I think would be useful in a broader sense.

      [The GPLv3] does not limit the hardware designers in any way!

      GPLv3 does limit hardware designers significantly. As long as a product is a niche product like TiVo was in its infancy, its manufacturer can get away with not locking down access to content that it records off air. When that product becomes popular, media giants start to threaten lawsuits. That means that unless you are prepared to bankrupt your company fighting an endless stream of lawsuits against much, much larger companies, you'll be forced to lock down the product. The problem is, the courts have progressively watered down the Betamax decision, and the lines keep getting blurrier.

      As a result, until we have very explicit statutory law to clear this up, the GPLv3 basically means that no one will feel comfortable using a GPLv3 app in any commercial embedded system that deals with media. If your company gets sued, you'll have a choice of fighting it (and probably going bankrupt) or settling out of court in exchange for locking down the hardware. With the second option, you would then have to replace all GPLv3 software. If your device depends on that software, you'd be pretty much screwed. Thus, the lack of the option to lock down the hardware---even if the company never intends to use it---is simply too great a risk and any company building hardware that deals with media will steer way clear of anything licensed under GPLv3. Indeed, we'll probably still be seeing companies forking old GPLv2 versions of software and duplicating development effort years from now.

      In an ideal world, locking down hardware wouldn't be necessary. In the current legal climate, it is. So the choice is between allowing that to happen where a few people (of whom few, if any, would even consider hacking their box anyway) "suffer" while the software community as a whole benefits from the changes they make versus preventing the software from being locked down and ensuring that they develop a custom solution that is entirely closed source so no one benefits. It is the absolute definition of cutting off our collective nose to spite our face.

      I thought the purpose of the GPL was to promote the continued openness of software. The GPLv3 results in the exact opposite, which is why I cannot in good conscience support its use.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    12. Re:Forget Linus for a minute... by Charlotte · · Score: 1

      I don't think it would be right to use GPL software for voting machines anyway. Government stuff should always be public domain - no license, no nothing. It is public property. Anyone (companies, educational organizations, private persons) should have complete freedom there. This is why universities that have government grants to produce a specific piece of software can't put any license restrictions on the resulting code - at least it's like that in my country.

      Note that if you lock down the voting equipment and still publish the specs of what you locked down and how, it could still qualify as GPLv3 compliant - so you *could* use GPLv3 for voting equipment. The reason that doesn't work for Tivo is that they don't publish the hardware specs. Keeping the specs on the voting equipment secret is just security through obscurity anyway, and is bound to fail (and in the case of the US voting systems already _has_ failed).

      Every single aspect of the voting process should be open and free so that anyone with the right knowledge can help by detecting and fixing bugs and so that everyone can be witness to the fact (or lack thereof) that the voting procedures are correct.

    13. Re:Forget Linus for a minute... by This+is+outrageous! · · Score: 1

      The installers are GPL users, too... it was not supposed to be thought of as a license that takes away rights.

      No. The installers you speak of are not mere users but also distributors. The GPL's whole idea is to distinguish between the two, and only restrict the rights of the latter (if you're gonna let them have your software for free).

      few people (of whom few, if any, would even consider hacking their box anyway) "suffer" while the software community as a whole benefits

      No. Take a hint from parent's sig... Many people wish iPhone weren't locked to AT&T, and will benefit if even "few, if any" manage to hack that. If Apple wants to prohibit that, at least let it not be with GPL code.

      --
      This is...

      O
      U
      T
      R
      A
      G
      E
      O
      U
      S

      !

    14. Re:Forget Linus for a minute... by dgatwood · · Score: 1

      No. The installers you speak of are not mere users but also distributors.

      Version 3 is a very massive change to the way the GPL treats distributors. Prior versions considered users and distributors to be nearly equal in rights, with the exception that commercial distributors must do that extra written offer (which can be as little as an http URL). GPLv3 creates a much larger difference between those classes of use.

      Many people wish iPhone weren't locked to AT&T, and will benefit if even "few, if any" manage to hack that. If Apple wants to prohibit that, at least let it not be with GPL code.

      That might be the worst argument for the GPLv3 out there. One could lock a phone to a network without preventing replacing GPLed bits. Don't use any GPLv3 software in the kernel and don't allow any software to talk directly to the modem from user space. Require a signed kernel and bootloader to prevent users from replacing the (non-GPL) kernel to get around that restriction. Such a scheme would still comply with the letter of the GPLv3 while locking the phone to a single carrier quite effectively....

      We'll have unlocked cell phones in the U.S. when Congress passes a law similar to those in other countries that mandates unlocking at the end of the initial contract period and bans carrier locks on non-subsidized phones. As long as the carriers are in charge, it will continue to be a problem....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  98. Re:Who cares? by Animixer · · Score: 2, Insightful

    Solaris (and Sun) has probably been declared dead as much as Apple and BSD. In my line of work the commercial UNIX variants (AIX, Solaris, HP-UX) are very much alive (SAN/Database/medium-iron). Perhaps it's the native SAN driver/multipathing/utility stack on Solaris that's my favourite to work with that makes me like the OS. 'course, with ZFS and dtrace and zones in Solaris 10+ there are some nice new features, too.

    All in all, everything has its place.

    I guess we live in different 'communities'?

    --
    man tunefs | grep fish
  99. Well then by Compuser · · Score: 1

    This is the first time in a long time that there is a real reason to develop HURD.
    Wonder if it'll be enough to push it past Duke Nukem Forever stage of development.

  100. Simple: it's the 3rd amendment for the GPL. by aphor · · Score: 1

    The anti-TiVo clause of the GPL3 is to the GPL what the Third Amendment is to the U.S. Constitution.

    DIscuss among yourselves, but Linus Torvalds isn't American, and we should not expect him to teach us about political freedom. If there weren't a whole lot of belligerent and ardently patriotic people like me making a stink about points like this, he would be in a gulag for threatening fascist state sponsored companies' operations.

    Go back to your framework for hardware drivers Linus. You're out of your league.

    --
    --- Nothing clever here: move along now...
    1. Re:Simple: it's the 3rd amendment for the GPL. by JoeF · · Score: 1

      Yeah, what can a Finnish guy possibly know about American values like freedom???
      I am sure the software he developed is Un-American, communist stuff.
      Why don't you go back to use patriotic software like the one developed my Microsoft in "God's Own Country"??? American software for Americans. The rest of the world is enlightened enough to use Linux.
      Idiot.

    2. Re:Simple: it's the 3rd amendment for the GPL. by aphor · · Score: 1

      The question is not about whether Linus Torvalds, as a Finn, could not possibly understand American freedoms. The question is about whether Linus Torvalds actually understands American freedoms, particularly the precious implied right to privacy, or how the Bush supreme court places that in jeaopardy, or how computers and computer networks are a favorite testing ground for experimental precedent because so few people understand them. Why would he waste his time with that stuff? He isn't a citizen and can always go back to Finland to live out the rest of his life.

      I, however, am an American citizen with all of the privileges and burdens. When the American Government gets all screwed up, I have a duty to step up with my hammer and pound out the dents. Without that pressure, I doubt Linus Torvalds, or any other foreigner from a generally better-off country like Finland would opt to spend valuable time studying the nuances of the US Constitution. If I'm wrong there Mr. Anonymous Coward, I'm going to need some help getting straightened out.

      I admit, humbly, that I have assumed for the particular freedom: the right of privacy, no other "free" country has an "implied" right but probably rather has an explicit right. I admit there are probably hundreds of people outside the US who could explain all of the legal nuances that flow from the 3rd amendment, but I personally doubt any of them would make the kind of gaffes that Linus Torvalds makes.

      ...And that Bill O'Reilly crack is way off. Bill and Linus are on the same side of this one. If you don't see it, well, lets just let history play out shall we?

      --
      --- Nothing clever here: move along now...
    3. Re:Simple: it's the 3rd amendment for the GPL. by aphor · · Score: 1

      Dumbass! For all you know, I could BE Bill O'Reilly!

      --
      --- Nothing clever here: move along now...
  101. Re:Who cares? by maxume · · Score: 1

    You are pretty sure you understand the intentions of the people who released the BSD code you are so upset is(was...) in Windows and so happy is in Linux. If the intention was that people do what they would with the code, then they wouldn't think of the use in Windows any differently than the use in Linux, as someone in the middle decided to place re or un-strictions on users, rather than passing along the do what you willness.

    --
    Nerd rage is the funniest rage.
  102. If it is sitting in my home, it is my hardware by Tran · · Score: 1

    not Tivo's. If I can find better alternate use of that hardware package, why should I be prevented from doing so? You are espousing the idea that any PC maker could restrict you to using the OS they want you to run on it.

    1. Re:If it is sitting in my home, it is my hardware by AusIV · · Score: 1
      Tivo sold you that box at cost or less, with the intent of selling you a service to make up the difference. They're not in the business of selling PC's, they're in the business of selling their service. Now, if they were required to allow you to modify the operating system, you'd be paying a fair amount more for that Tivo, as they would have to recoup the costs of people buying them just to use them as PCs. TiVo is within their right as a hardware vendor and a GPL2 distributor to limit the uses of their hardware.


      Now, some people like to slam Tivo for circumventing the GPL, but from what I understand of Torvald's licensing intentions they're not offending him. Torvalds wanted a license that would require modifications of the kernel be given to him so they could be incorporated back into the main kernel - TiVo does this. While I can't point to any specific situations in which TiVo code has been incorporated into the kernel, it's possible that TiVo has contributed to the kernel, even if you can't put any kernel you want on the TiVo hardware.

      Realistically, if TiVo ever becomes unable to use the Linux Kernel because it falls under the GPL 3, they'll switch to a BSD based system and stop making upstream contributions. I don't mind Tivoisation. It allows vendors to use software on their hardware without having to reinvent the wheel, keep the prices on their hardware low by passing some of the cost onto their service, but still requires them to contribute to the kernel. If you block TiVoisation, you force vendors to use other licenses and we all lose their contributions to the software.

    2. Re:If it is sitting in my home, it is my hardware by Tran · · Score: 1

      I realy wonder if TiVo has contributed back in kind. This still is not in the spirit of the GPL. Nor do I think the TiVos are really that cheap that they need to be subsidized by service. I use Replay TV, there may be similar lockout issues there. But if I can buy a Wii for $250 and Nintendo is making money on them, seems that Tivo should be simpler and cheaper to produce. I would think the market for Tivo is much larger than a Nintendo. Of course we, well I, have no real clue on the economics of Tivo's manufacturing. Though in the IT field as a manager, I have been working for manufacturers, and that long enough to see how money can easily be misspend (particuarly in salaries for management). This still doesn't answer the larger question. Where would Linux be if all PCs where TiVoized? See that is where I can see this heading. All of a sudden new Hardware from all the [major] vendors will only be allowed to run, for exzample, MacOS X and the latest flavor of Windows. Why, to some degree we already get that happening - the Windows versions Dell has been selling on their machines, since win2k at least, can only be installed on Dell hardware. I do not know if that is true of other vendors as well, nor do I know if there are hacks around this. It certainly would allow a relatively easy lockout of Linux on a PC platform. Where would Linus be if that had been the case when he got started?

    3. Re:If it is sitting in my home, it is my hardware by fritsd · · Score: 1

      Now, if they were required to allow you to modify
      It is actually scary to think what would happen to our world if this kind of mind-set would become prevalent. Since when do you have to ASK PERMISSION to do things not specifically forbidden by law? What kind of country do you want to live in?

      I realize I've just quoted a part of your post out-of-context, but still.. progress is made by the people who see something (an object, say) and realize it can be used for different purposes, modified, improved, etc. That is where a lot of innovation comes from.

      Imagine I bought a lawnmower, hand-driven, (no car analogies today) and I'd rig an electric motor to it, inventing the electric lawnmower in the process. Are you saying this should be illegal, because the seller didn't intend *MY* object to be used for such a purpose? Should they have added DRM so that it would take my head off when I try to mow my lawn with this device I illegally tampered with (USA DMCA law version 2, perhaps)?

      I'll end this rant with a cryptic europe-specific slogan: Guust Flater for president!

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    4. Re:If it is sitting in my home, it is my hardware by MooUK · · Score: 2, Insightful

      Since when is a company's chosen price and business plan OUR problem?

      Printer manufacturers sell printers well below cost and then overcharge incredibly huge amounts for ink. There are very few who have a problem with using an alternate source for their ink.

    5. Re:If it is sitting in my home, it is my hardware by Just+Some+Guy · · Score: 1

      Try reading the agreements again sometime.

      What agreement? You can walk into a store and pay cash for a TiVo without signing anything. At that point, you've agreed to nothing.

      --
      Dewey, what part of this looks like authorities should be involved?
  103. Re:Linus Torvalds and RMS have different perspecti by Em+Ellel · · Score: 1

    I believe that if this had happened, Microsoft would have destroyed BSD's commercial chances using "embrace and extend". They would have created a BSD/Windows hybrid that would have duplicated BSD's API. This would have happened because BSD lacks the GPL's so called "viral clause" that prevents embrace and extend. The existence of this hybrid would have been used by Microsoft to prevent the suits from even considering a move to free software.

    So... why is there no BSD/Windows hybrid?? Its not like existence of Linux would stop that? And if it were to happened, why would that be so bad? The MacOS/BSD hybrid seems to be doing wonders for Apple. And having Microsoft go that route could have done wonders for both Microsoft and community at large.

    And while we are on the "what-if" kick, were GPL3 in place years ago, would Linux be anywhere near as popular platform it is today - since as you pointed out many of the currently Linux platforms that GPL3 restricts would simply be BSD or Windows.

    -Em
    --
    RelevantElephants: A Somatic WebComic...
  104. In case you're not a troll here's why you're wrong by schwaang · · Score: 1
    Directly from the GPLv3 FAQ:

    Does GPLv3 require that voters be able to modify the software running in a voting machine?

            No. Companies distributing devices that include software under GPLv3 are at most required to provide the source and Installation Information for the software to people who possess a copy of the object code. The voter who uses a voting machine (like any other kiosk) doesn't get possession of it, not even temporarily, so the voter also does not get possession of the binary software in it.

            Note, however, that voting is a very special case. Just because the software in a computer is free does not mean you can trust the computer for voting. We believe that computers cannot be trusted for voting. Voting should be done on paper.


    The anti-DRM (or anti "TiVO-ization") provisions only affect equipment that a consumer would reasonably want to modify.

    PS: sorry, but Linus is being a wanker on this issue. For one thing, the restraint on moralizing by the GPL has always held that there would never be a provision against, for example, using GPL'd code for military uses or other uses that might well be against the morals of RMS and other FOSS coders. It's not about injecting morals, it's about FREEDOM FOR SOFTWARE. I know, I should have made this a separate post.
  105. Time to move away from the GPL? by nurb432 · · Score: 1

    This is a good example of why i prefer the BSD style license. No nonsence, no rantings from a madman.

    ya, i expect to be modded down, again, over this, but its true. Do you see any fenatical rantings from the bsd side of licensing? Its simple, and it really doesnt stifle growth or increase risk of commercialization of their work like many GPLers fear. if it did, we wouldn't have FreeBSD..

    Its a choice, and once you choose GPL and accept others contributions you are pretty much stuck going down the same path.

    --
    ---- Booth was a patriot ----
    1. Re:Time to move away from the GPL? by sworoc · · Score: 1

      I'm just wondering that if / when there is a split, which branch will take most of the developers and which branch will become more popular. There are several kernels out there:
      1) Linux
      2) Solaris
      3) Hurd
      then there are several tool sets as well, GNU, the BSD tool set, and others. I am very interested to see if there will be a fork in the road as the GNU/Linux crowd faces this license transition period. Short term, I think it would be detrimental to the open-source community. Long term, I think it would provide an even more diverse set of options for users. The million dollar question is: Would the developer pool be spread too thin (and who fares better, GNU without Linux or Linux without GNU)?

      --
      If knowing is half the battle, what is the other half?
    2. Re:Time to move away from the GPL? by apankrat · · Score: 1

      I wonder how long it would take for someone to create anti-GPL
      revision of BSD license. Basically - do whatever you want with
      the code except for using it in GPL projects.

      --
      3.243F6A8885A308D313
  106. Linus may not see the big picture here by Whuffo · · Score: 1
    I think I see where Linus is coming from - but he doesn't give Mr. Stallman credit for derailing Microsoft's plans to marginalize Linux.

    Maintaining the purity of open source is a noble goal, but when immoral operations like MS are in the picture sometimes idealism has to bow to the necessities of the real world.

    I'm not too sure about the FSF myself - but I've got to admit that GPL V3 has thrown a monkey wrench in Microsoft's plans. That's a pretty neat trick; not too many people / companies have made them blink before...

  107. What RMS said last night by mdsolar · · Score: 2, Informative

    I was at the Green Party National Meeting http://www.gp.org/press/pr_2007_07_10.shtml last night where RMS gave a talk and he was asked about the issues with the kernel team. The main thing he had to say is that without GPL3, there could be problems with tivoization, where yes, the source is provided, but modifications are not allowed on the specific hardware thus disallowing improvements that are freely made by the community. You can share the code, but if you fix it or improve it or change it is some way that you like, you can't run it, and so you can not share your work. Me: Maybe that kind of deadending is OK since there are other versions that you can hack, and hey, it is just one set of hardware, but it does defeat the spirit of the GPL and GPL3 covers this issue according to RMS. (I have not read it. I just click accept whenever this kind of thing comes up which is why I'm now a towel boy in the house of the borg. Thanks for letting me go to the meeting Mr. Bill.) So, RMS feels, not surisingly, that the changes in the GPL3 are good for free (as in speech) software and it is regrettable if the kernel group does not go along with it. (Didn't they have input?)
    --
    Get solar power with no installation cost. Register your home today: http://mdsolar.blogspot.com/2007/01/slashdot-users -selling-solar.html

    1. Re:What RMS said last night by QuantumG · · Score: 1

      Sounds about right.

      The GPL was designed to ensure that all users of the software have the freedom to run, modify and redistribute it. Tivoization is seen by RMS and many others as a technical way to sidestep that. As such, it is right and proper for an updated version of the GPL to include some provisions to stop this.

      --
      How we know is more important than what we know.
    2. Re:What RMS said last night by mdsolar · · Score: 1

      RMS spoke about the situation were the EULA does not allow you to make a copy and share it: If you are asked by a friend for a copy, and say no, you are breaking friendship, if you say yes, you are breaking the agreement. He picks breaking the agreement as the lesser of two evils. He was illustrating how proprietary software has negative social consequences. My son (who is nine) pointed out that you could be friendly by letting your friend know where to buy the software. RMS disagreed because of the core freedom issue, but I think my son hit it on the head and RMS's hypothetical is a poor one. During the talk he gave what I see as the correct answer: don't agree to the license and then you won't be tempted. But, (to me) if you do, well you could give your friend the software and not keep a copy, or let them know how they can get it. Breaking the agreement is not honorable since it was freely entered into. You knew it was propritary when you paid for it. Wonder what you think?

    3. Re:What RMS said last night by QuantumG · · Score: 1

      Yes, sounds reasonable. I don't really have any problem with people willingly entering into agreements not to distribute software. I do have a problem with being bound to an agreement that I didn't enter into willingly because someone who did willingly enter into that agreement broke the agreement and gave me a copy of the software. That's the bit that copyright enforces, and it's wrong.

      --
      How we know is more important than what we know.
    4. Re:What RMS said last night by mdsolar · · Score: 1

      As you thinking of a case where you don't know that the work is copyrighted? Or do you feel that its is the agreement breaker generally who is responsible?

      This coming from someone who has yet to replace his Taiwanese edition (obtained there) of Arfken's book.

    5. Re:What RMS said last night by QuantumG · · Score: 1

      In general, contracts don't extend to anyone but the contracted. So, if I ask you if I can borrow your rental car and you say yes, even though the contract between you and the rental car company says you are not permitted to lend me the car, it's your problem, not mine. The rental car is able to sue you for breach on contract. Of course, they wouldn't, because they're not manic control freaks like software companies, who seen any form of sharing of their product as "lost revenue".

      Arfken? Like Mathematical Methods for Physicists, Arfken? I missed that one.

      --
      How we know is more important than what we know.
    6. Re:What RMS said last night by tehmorph · · Score: 1

      What else can I say? I agree.

      --
      Could not open .sig for reading- sanity error
    7. Re:What RMS said last night by mdsolar · · Score: 1

      That is what I guessed but I wanted to be sure. The rental car analogy is not such a good one. The company still gets both its rent and its car back. Your friend might be in trouble if it is damaged though. Yes, it is that Arfken. Now, he has his copy of the book he wrote, and I have my copy that I paid for. But my copy was printed by a publishing house that makes photoreproductions of science books without paying a royalty so while Arfken did not loose his copy, he did loose his royalty. So, he lost something, though he did gain my admiration which he would not have done (at the time I bought the book) because there were no legitmate versions available to me. Now, I don't think Arfken wrote his book primarily for income and there are probably a number of ways physics has been advanced by the existance of all these pirate editions in Asia. But, the lose of revenue is there for the author and the legitimate publisher. Someone is being harmed. But, I think you are correct, that it is the Taiwanese publishing house that is doing the harm rather than the purchaser of the book. Eventually I'll buy a second hand legitimate copy so that the used market will be tighter and the book will stay in print. But, that is an obligation I put on myself.

      So, I would say that buying my copy of Arfken is not buying stolen goods, but the production and sale of the book is violated rights: namely if the book is to be sold (new) the copyright holder has a right to a royalty.

    8. Re:What RMS said last night by QuantumG · · Score: 1

      namely if the book is to be sold (new) the copyright holder has a right to a royalty. I don't think he has any such right.. at least not a moral right.. he certainly has a right under law, but that's hardly something we can argue about. We choose to pay him a royalty because we believe that it will encourage him to write more books of that caliber. Or, if we make him really rich, it might encourage others to write more books of that caliber. But it is our choice.

      Stories of kids who live off the hit song their father wrote in the 1960s are stories of injustice. It's not sour grapes to think that there is something fundamentally wrong with a system that results in that kind of thing. No song is worth, to society, the loss of an entire life of contribution. I don't even condone that kind of assessment (!) but that's exactly the kind of language under which copyright is justified, so it is necessary to phrase objections in the same language.
      --
      How we know is more important than what we know.
    9. Re:What RMS said last night by Znork · · Score: 1

      "But, (to me) if you do, well you could give your friend the software and not keep a copy, or let them know how they can get it."

      If you had a piece of bread, and a machine that could duplicate bread, would you give your friend a copied piece of bread or let them know where they could buy their own bread?

      "Breaking the agreement is not honorable since it was freely entered into."

      The basis of the 'agreement' in itself is copyright law. Wether copyright law was freely entered into can be considered dubious from many points of view.

      If there was a law to artificially limit the supply of bread, outlawing the copying of bread for your friend, would you consider that ethical? If the law was justified by claiming that the limitation on supply creates an investment in more kinds of bread by increasing the profit on bread production?

      What it ultimately comes down to is the fact that copyright is an artificial restriction on the creation (through duplication) of more wealth in the economy (and for your friends and neighbours). Where you are normally allowed to be generous through making things for your friends, in this case you are denied the right to be generous.

      When the free market provides ever cheaper and better ways of producing wealth, in this case it's so easy and cheap (that anyone can do it) that we cant allow a free market, but must forbid free duplication and support monopoly rights?

      Free software has shown the incredible amounts of wealth that can be created and distributed through the free duplication of works, and has essentially disproved the whole foundational concept of copyright law. It's time to analyse that lesson and reconstruct the whole IP system for a modern economy, taking advantage of the ability to mass reproduce and distribute that computers and the internet provides, and instead seek, if necessary, alternate ways of exacting revenue from the economy to distribute as incentives for the production of new works. The delegated taxation form of monopoly grants has shown itself ineffective and damaging.

    10. Re:What RMS said last night by mdsolar · · Score: 1

      I'm not sure it is all that bad generally for the kids to have an income, though it might be bad for some of them personally. When I said a right, I'm pretty sure I was thinking right-under-law. I think a farmer has a right to be paid for his crop in a moral sense but the manner, in kind or in cash is up to the farmer and the trading partner. That is bordering on a moral right since if you just take his crop, that is stealing even though, in principle, he can grow another crop. The deer around my house don't seem to understand this idea and just nod and flick their ears when I try to explain it to them so maybe they are right and I should just be growing things for them out of the goodness on my heart. It may be also that they are just slyly taking advantage of the fact that I can't sue them because of the species thing.

      One of the things that I see as a problem with copyright law is that you can run into a situation where you want a copy but nobody is making copies anymore and the used market is empty. Once we get into these kinds of issues we are talking about copyright reform and modifying legal rights. Are you thinking that shortening the copyright to, say 14 years, would be the way to go? I notice Arfken is in its fifth edition so if you want the latest, that might be under copyright while the older (but not, to my mind, obsolete) editions might be public domain. Or, are you thinking of something more like Bucky Fuller's lifetime fellowships and no copyright at all?

    11. Re:What RMS said last night by Pecisk · · Score: 1

      ...and then I thought today, doing some stuff outside - what a heck free software has to do with hardware?! Ok, I can't run software on specific hardware, it is crime now? What about lot of devices who will never see a line of open sourced code for their drivers? They should be bad too?

      I think what FSF and RMS had problems to grasp - please notice that I agree mostly with them in GPL stuff - is that some companies - like Novell, Microsoft, Tivo - has found workarounds around GPL. RMS thought that GPL was importal, it was impossible to screw with. Turned out that you can go around in specific corners which _aren't_ _license_ _subjects_ _at_ _all_. Hardware is license subject? Give me a break! Patent coverage between companies users? It is _NOT_ license subject, period.

      I think FSF had hard time to accept it. And I think this is what troubles Linus, because he as logical person see this as "road to hell" scenario. GPLv2 was legal license, and very balansed one. GPLv3, maybe it is too fast to say it, but is more "moral" and therefore very subjective, and less objective and legal license.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    12. Re:What RMS said last night by stephanruby · · Score: 1

      But, the lose of revenue is there for the author and the legitimate publisher. Someone is being harmed.

      Yes, the potential for that loss of revenue is there, and yes, the potential for harm is there. However, it's a leap of logic to assume that any potential loss of revenue is an actual loss of revenue. And it's a leap of logic to assume that any potential harm becomes an actual harm.

      It's a dangerous legal slippery slope to assume these things. Can you just imagine the loss of revenue Arfken is imposing on his fellow authors since he's basically regurgitating and recombining ideas that were for the most part already printed elsewhere. Can you just imagine the billions of dollars that have been lost because of Arfken? Really, the sky is the limit when one talks about one's unrealized potential income.

    13. Re:What RMS said last night by mdsolar · · Score: 1

      And the horrible thing is that it is the unrealized income that you are taxed on. This is the real cause of the deficit, unrealized tax revenue. But, this also means the deficit is imaginary, so just ignore it and it will go away ;-)

      I have heard more than once about the suprise Asian students encounter when they find out the cost of science texts in the US. Arfken would not be so widely read there if not for the copying. So, you are correct that his publisher is not losing revenue on a per sale basis. And, it might be argued that high textbook prices have harmed US science relative to Asian science.

      And, that's Mr. Regurgitating to you Bub!

      PS: I paid quite a lot for a first edition of Bevington. I would like for it to retain its resale value, so please don't start reprinting it. If you want to read a copy, go look in your library, where you will find it has been stolen.

  108. Exactly the problem with GPLv3 by CaffeineJedi · · Score: 5, Insightful

    Proprietary licenses believe you can only do what they specifically authorize you to do (emphasis added), and what they authorize really isn't a whole lot. If I were going to sling terms like "evil" around, I daresay the target wouldn't be any open-source license.

    While the above post never referred to GPLv3 specifically, I think it made a good and interesting point. I will hijack this part for my own purposes :-)

    Fundamentally, I think the poster's quote is one of the biggest arguments against the adoption of GPLv3.

    GPL version 2 had no restrictions on what hardware was required upon which to run the software. The license merely required that all modifications to the software were contributed back to the original work. It did not care how you used the software, merely how you contributed back to the project.

    Version 3, on the other hand, makes statements about how software is used. As far as I can tell, TiVo is one of the most predominant factors in spurring GPLv3. TiVo contributes their software back to the community, as can be seen right here. TiVo, however, runs their software on a DRM'ed box. Anybody can use TiVo's source code modifications in their own hardware projects if they so desire. The software is still just as free as if TiVo decided to run it on a non-DRM'ed box.

    The FSF believes you can do anything you want with software except make it non-free This is what the FSF would like people to believe. However, it is inconsistent with what the FSF is actually doing in advocating GPLv3. GPLv2 ensured that all software remained free. The old license fully satisified that software remained "free," not just in price but in the availability of people to choose how to use it.

    GPLv3, on the other hand, makes restrictions upon what kind of hardware-software interactions are allowable. Forcing people, corporations, or whomever to use freely available code in a certain way is contradictory to freedom. This is the argument for version 2 of the GPL. It is also the argument against DRM. Strangely enough, it is also the argument against GPLv3.

    Enforcing freedom is an oxymoron. This however, is the logical extent of what RMS and people at the FSF are proposing with the adoption of GPLv3, forcing people to run their software on certain hardware. In the words of the poster, the FSF acting exactly like proprietary vendors in limiting the scope of their software to what they "specifically authorize you to do."
    1. Re:Exactly the problem with GPLv3 by node+3 · · Score: 4, Insightful

      Enforcing freedom is an oxymoron. How do you mean? Courts, police, governments, the US Constitution, do you include these in your assessment? What about a gun used solely in self-defense? Is that not an example of that exact same "oxymoron"?

      It's one of the universe's many ironies that freedom must be enforced. The reason for this is that if you don't enforce freedom, someone else will assuredly impose their will upon others in contradiction of these others' freedoms. This is a direct result of combining "free will" with the physical capability of adversely hindering the freedom of others.
    2. Re:Exactly the problem with GPLv3 by bit01 · · Score: 2, Interesting

      Version 3, on the other hand, makes statements about how software is used.

      Just like the TiVo hardware makes statements about how the GPL'ed software can be used. GPLv3 is merely fighting fire with fire.

      I fail to understand why hardware vendors should be allowed to do anything they like while not allowing software writers the same privileges.

      An eye for an eye. The GPLv3 provisions only activate when a hardware vendor has deliberately tried to do an end run around the GPL.

      ---

      DRM'ed content breaks the copyright bargain, the first sale doctrine and fair use provisions. It should not be possible to copyright DRM'ed content.

    3. Re:Exactly the problem with GPLv3 by QuantumG · · Score: 3, Interesting

      GPL version 2 had no restrictions on what hardware was required upon which to run the software. The license merely required that all modifications to the software were contributed back to the original work. It did not care how you used the software, merely how you contributed back to the project. Uhh, no. And this is what happens when you get your concepts of the GPL from Linus instead of actually reading it.

      The GPL says absolutely nothing like that. Linus did, but that's Linus' opinion.

      What the GPL says is that that you must respect the 4 freedoms, and one of the requirements to do that is to make the source code available to the users of the software. To sum it up: it's about the users.

      --
      How we know is more important than what we know.
    4. Re:Exactly the problem with GPLv3 by Cyberax · · Score: 1

      No, you can't.

      TiVO patented their hardware and software, so you'd have to license it.

    5. Re:Exactly the problem with GPLv3 by totally+bogus+dude · · Score: 4, Informative

      The FSF believes you can do anything you want with software except make it non-free This is what the FSF would like people to believe. However, it is inconsistent with what the FSF is actually doing in advocating GPLv3. GPLv2 ensured that all software remained free. The old license fully satisified that software remained "free," not just in price but in the availability of people to choose how to use it.

      I think it would be fairer to say the FSF believes you can do anything you want with software except remove the freedom of the users of that software. That is, it's not about the software license per se, but about what recipients of the software can do with it.

      The anti-TiVo clause seems to be intended to make sure that if TiVo goes out of business (or drops support for a particular model of hardware and never releases software updates for it again), that end-users will be able to fix bugs, or add functionality that's perfectly viable on the hardware they've already bought. The Free Software Foundation cares exclusively about the users freedom, and completely disregards companies trying to make money out of Free software.

      I think the underlying assumption is that if there's money to be made, people will find a way to make it -- regardless of the restrictions placed on them. Further, there's a belief (and a lot of evidence to support this belief, IMHO) that companies will place as many restrictions on their customers as they feel is needed to maximise profits. Therefore, it makes sense to safeguard the users freedom as much as possible.

      Enforcing freedom is an oxymoron. This however, is the logical extent of what RMS and people at the FSF are proposing with the adoption of GPLv3, forcing people to run their software on certain hardware.

      Nobody forced TiVo to use GPLv2'd software, and nobody will be forcing them to use GPLv3'd software, either. The body of Free software provides many benefits to companies such as TiVo, but it's not a free lunch -- and it's not intended to be a free lunch! Authors can choose what license to release their software under, and companies can choose not to use it if they don't feel they can profit from doing so. You can't benefit from the pool of Free software while simultaneously preventing your users from enjoying the freedoms Free software is supposed to give them. GPLv3 has clauses intended to close a loophole that allowed companies to do exactly that, in specific situations.

    6. Re:Exactly the problem with GPLv3 by CaffeineJedi · · Score: 2, Insightful

      It's one of the universe's many ironies that freedom must be enforced.
      Absolutely not. You can never tell a person: "I am forcing you to use your liberties! You are legally required to go out and protest!" The best you can ever do is provide them with the opportunity to protest, and hope that they choose to use their liberties soundly.

      What about a gun used solely in self-defense? Is that not an example of that exact same "oxymoron"?
      If we allow people to use a firearm, we bestow upon them rights. If we require them to use firearms or purchase them, it is not a right, but a requirement. Requirements on the usage of freedom make something inherent un-free.

      This is what I am referring to when I say that enforced freedom is an oxymoron. Freedom has no enforcement measure, because I can not force someone to use their rights in a certain way. They, and only they, can decide how to use their freedoms. If at any point someone is required to use a "freedom" in a certain way, it is not a freedom at all, but an obligation masquerading as a liberty.
    7. Re:Exactly the problem with GPLv3 by Jah-Wren+Ryel · · Score: 4, Insightful

      This is what the FSF would like people to believe. However, it is inconsistent with what the FSF is actually doing in advocating GPLv3. GPLv2 ensured that all software remained free. The old license fully satisified that software remained "free," not just in price but in the availability of people to choose how to use it. If there is one defining event in RMS's life, it is his experience with a broken printer driver.
      He had a printer that stopped working because the software that came with it was buggy. When he went to fix it, he could not because the source code for the software was unavailable to him.

      THAT event is the entire motivation for the FSF and the GPL - an end user with hardware that included broken and un-fixable software. DRM'd software is just another manifestation of that situation, and in fact is arguably covered in the GPLv2 with this clause:

      For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. Since DRM'd software did not exist at the time of the writing of the GPLv2 it obviously could not contain specific reference to such, but both "all modules" and "scripts used to control ... installation" both suggest that the FSF wanted to cover whatever it took to modify and regenerate the executable as delivered to the end user. Which is essentially what this clause in the GPLv3 makes explicit:

      "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.
      --
      When information is power, privacy is freedom.
    8. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      Really, we've come to the point where we can no longer speak of "the GPL". There are two separate and distinct licenses now, and specifying them as different versions doesn't make that clear. So, GPL 2 and GPL 3. GPL 3 is so different from GPL 2 that I find it hard to claim that it's a revision or iteration.

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      I think you're wrong on this. Tivo made the source code available to users of the software. There's no loop hole or end run. Tivo did exactly what the GPL 2 required of it. Show me where in the GPL it says otherwise. Yes, Linus is entitled to his opinions, but in this case, he's also entitled to the facts. The fact is that what Tivo did is well within the framework of the GPL 2.

      --
      It's not offtopic, dumbass. It's orthogonal.
    10. Re:Exactly the problem with GPLv3 by crazyjimmy · · Score: 1

      What???

      Tivo is controlling its hardware, not its software, and without such controls, it can't actually function as a business. More to the point, it's not insisting that all other bits of hardware follow the same function (it'll happily work with your tv, for example). It's really only saying "in this one instance, on this one machine, this is how it's gonna work". GPL3, by its nature, is much more broad.

      This really seems like responding to a shark-attack with a nuclear bomb.

      --Jimmy

    11. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      I'm not clear on something . . . . you implied that Tivo got a free lunch. Did they not release the source code of whatever GPL 2 code they used? Did they not include any changes they made to the code? How did Tivo not keep up its end of the bargain?

      What is it that you want, personally and exactly, from Tivo? You want to hack their hardware? I don't think anyone is stopping you from taking out your soldering iron and having at it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    12. Re:Exactly the problem with GPLv3 by node+3 · · Score: 1

      Absolutely not. You can never tell a person: "I am forcing you to use your liberties! You are legally required to go out and protest!" The best you can ever do is provide them with the opportunity to protest, and hope that they choose to use their liberties soundly. That's not we're talking about here, though, is it? The FSF is not telling people they *have* to exercise their freedoms.

      That's also not what "enforce freedom" means. Your example is just a subset. By disproving that subset does not disprove the rest of it.

      This is what I am referring to when I say that enforced freedom is an oxymoron. Freedom has no enforcement measure, because I can not force someone to use their rights in a certain way. But you can force people to honor your freedom. You can also force others to not infringe on the freedom of others.

      Both cases qualify as "enforcing freedom", and they both more accurately describe the GPL (v3 or otherwise) than your straw man examples do.
    13. Re:Exactly the problem with GPLv3 by Dillon2112 · · Score: 2, Insightful

      That is the point: it is within the framework of the GPLv2, but not within its spirit.
      Tivo did try to exploit a loophole: the intention of the GPL (any version) is to preserve the rights of the end users to modify the software they receive and make use of that modified software. Tivo found a (legal) way to avoid having to do this while still technically complying with the GPLv2. GPLv3 is written to close that loophole and preserve the idea that GPL'd software is software the end user can modify to create a new version and then make use of that modification in the same way they made use of the original software as it was supplied to them.
      So, legally, there is no "loop hole or end run", but as far as the intent of the license, some perceive that there was.

    14. Re:Exactly the problem with GPLv3 by nanosquid · · Score: 1

      GPL 3 is so different from GPL 2 that I find it hard to claim that it's a revision or iteration.

      Well, then you don't understand it (don't worry, lots of people don't either, e.g., Linus).

      GPL v3 basically just tidies up a bunch of legal loose ends related to issues that have come up over the last decade.

      But GPL v3 does the same thing GPL v2 did: it ensures that any software you use under it, you can obtain the source code for and you can modify.

    15. Re:Exactly the problem with GPLv3 by totally+bogus+dude · · Score: 5, Insightful

      What is it that you want, personally and exactly, from Tivo?

      I personally don't want anything from TiVo; I've never used any of their products, and don't expect I ever will. They could magically reflash every TiVo on the planet, rendering it incapable of doing anything except playing a rather bad game of Pong, and I wouldn't care. I mentioned them purely as an example (and because everyone else was doing it).

      How did Tivo not keep up its end of the bargain?

      That's exactly the point: TiVo did keep up its end of the bargain. They did not violate the license in any way, shape or form. Yet, people who bought TiVo's were unable to make full use of the freedoms that the GPL (as a Free software license) was supposed to guarantee them. Some people have no problem with how this transpired: it's TiVo's hardware and they have every right to dictate what software you can run on it. Others felt it was violating the spirit (not the letter) of the license that the code was provided to TiVo under.

      That's why they've created a new license, with specific provisions to ensure that if, as an author, you don't want this to be able to happen to your software, you can specify that in the license. The new license is intended to correct flaws in the previous license, as perceived by certain people with specific goals in mind.

      I don't think anyone is stopping you from taking out your soldering iron and having at it.

      As mentioned above, I don't actually care; but from what I've read about the DMCA and related laws, wouldn't it be illegal to modify (or remove) hardware that was designed as a DRM/copyright enforcement mechanism? The TiVo hardware might not fall into this particular category, but it's not inconceivable that the protection mechanisms of future devices would. (In fact, it seems inconceivable that such mechanisms wouldn't fall under the protection granted by the DMCA.)

      Further, this raises an interesting point: if it's perfectly okay to be able to hack their hardware, why is it not okay to hack their software? Where do you draw the line between the two? If the device has the ability to receive software updates, but has hardware designed to prevent you from installing software that isn't signed by the manufacturer, do you have the right to remove that hardware? Do you have the right to run whatever software you want on it after removing the hardware that's designed to prevent you from doing just that? If so, why are they allowed to put hardware in there to stop you from using your right to run your own software?

    16. Re:Exactly the problem with GPLv3 by CaffeineJedi · · Score: 1

      The FSF is not telling people they *have* to exercise their freedoms. This is the major point of contention: that GPLv3 actually even extends these so called "freedoms." The FSF is actively pushing GPLv3. Version 3 gives users fewer freedoms to exercise, hence the conflict within the community. There are additional specific requirements on how GPLv3 software is used over GPLv2. This is very different from requiring distributed source code changes to be merged back in to the code tree on the production side.

      You can also force others to not infringe on the freedom of others. Totally agree. The issue here is what exactly are the freedoms which TiVo is infringing? My question applies for both for users and developers. TiVo has released all of their source code under GPLv2. If I made a proprietary toaster that ran a customized GNU/Linux distribution (like the infamous NetBSD toaster), would I be required to give you a schematic of the toaster? I think its perfectly reasonable that someone else would have to build their own toaster and apply the necessary thought to take my GPL'ed software and couple it with their hardware. Some (many) people disagree with this. Furthermore, there is confusion of terminology in the old license. The new license is supposed to "fix" this, however many people do not believe it to be a problem.

      Richard Stallman and the FSF are pushing for open software on open hardware, as a condition to fix a "loophole" in the GPLv2. Last time I checked though, it was the Free Software Foundation, not the Free Hardware Foundation. I do understand that certain people may decide that they wish their software to be "free"--in the sense of openness--on open hardware. That is fine and with a new GPLv3 their wishes can be made known and abided by. The real issue here is that this is an additional restriction upon acceptable usage, and there is considerable debate whether or not a foray into the hardware spectrum is necessary to keep software "free" and "open."

      From my observations, many people are objecting to the FSF monopolization of the term "free," because the organization is effectively creating an acceptable use policy. This is just like EULAs on the user side for proprietary software. While proponents of the GPLv2 (such as myself) can see the necessary restrictions required to keep source code ubiquitous and free on the development side, forcing users to use that code in a certain ways (proposed by v3) is a definite restriction.
    17. Re:Exactly the problem with GPLv3 by msuarezalvarez · · Score: 1

      But GPL v3 does the same thing GPL v2 did: it ensures that any software you use under it, you can obtain the source code for and you can modify.

      Actually, while the GPLv2 "ensures that any software you use under it, you can obtain the source code for and you can modify", the GPLv3 "ensures that any software you use under it, you can obtain the source code for and you can modify and still be able to use it". That's the whole point.

    18. Re:Exactly the problem with GPLv3 by Draek · · Score: 1

      the GPL3 doesn't require the hardware specs to be open, all it requires is for the end-user to be able to modify and run the GPLed software. So if you made a GPL3'd Linux toaster, you don't need to give out the specs for the toaster, but if you sell it to someone, you do have to give him the ability to run NetBSD on the thing if that's what he wants.

      basically, it does for hardware what the LGPL does for closed-source software: you can do whatever you want with it, but if we want to replace our software, we must be free to do so. And that's hardly unreasonable, in my opinion.

      --
      No problem is insoluble in all conceivable circumstances.
    19. Re:Exactly the problem with GPLv3 by Scarblac · · Score: 1

      Version 3, on the other hand, makes statements about how software is used. As far as I can tell, TiVo is one of the most predominant factors in spurring GPLv3. TiVo contributes their software back to the community, as can be seen right here. TiVo, however, runs their software on a DRM'ed box. Anybody can use TiVo's source code modifications in their own hardware projects if they so desire. The software is still just as free as if TiVo decided to run it on a non-DRM'ed box.

      TiVo isn't the user of the GPLv3 code. TiVo's customers are the users and it is their freedoms that the GPL wants to protect. Saying you can get and modify the software, except you can then not run it on the box you bought is a cop-out - that means you can't really modify it. The GPLv3 fixes that loophole.

      That's the main difference between BSD and GPL, imo - BSD regards other developers (i.e., TiVo) as the users whose freedom needs to be maximized, while GPL does this recursively to include all the eventual end users as well.

      --
      I believe posters are recognized by their sig. So I made one.
    20. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1
      Try this on for size:

      > You mean all the misunderstandings? ;-) [written by Alexandre Oliva]

      I see the smiley, but I hate it how the FSF thinks others are morons and
      cannot read or think for themselves.

      Any time you disagree with the FSF, you "misunderstand" (insert
      condescending voice) the issue.

      _Please_ don't continue that idiocy. Disagreement and thinking that the
      FSF is controlling and putting its fingers where they don't belong is
      _not_ misunderstanding. It's just not "blind and unquestioning obedience".

      Linus Remind me not to let you tidy up my house. I don't have fire insurance.
      --
      It's not offtopic, dumbass. It's orthogonal.
    21. Re:Exactly the problem with GPLv3 by Fred+Ferrigno · · Score: 4, Insightful

      Tivo is controlling its hardware, not its software, and without such controls, it can't actually function as a business. Actually it ceases to be their hardware when they sell it to me. I'd like to be able to control my hardware, thanks.

      TiVo does not have an intrinsic right to software they didn't write. If TiVo's business model is enabled by Free software, it's only because of the generosity of the authors. Some of them don't like what TiVo has done with their software, including that business model, so now they're being slightly less generous. If TiVo doesn't like that, they can write their own or buy someone else's. That's more than they would have if Free software didn't exist at all.
    22. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      The GPL is a license, not a religious book. The license says what it says. It contains its own meaning, and that meaning is very clear. Futhermore, a license is between the licensor and the licensee. A third party's intentions don't enter into it. You don't need to dress it up with spirits and ghosts.

      Now, if you were to say that, as it turns out, the GPL 2 doesn't really represent the "spirit" or agenda of the FSF so they needed to create the GPL 3, I'll buy that. The GPL 2 had unintended consequences that were in conflict with the FSF and Stallman's intentions (or "spirits").

      So, there's really no need to clothe a software license in religious trappings. We're rational adults here. We can talk about reality as it is.

      --
      It's not offtopic, dumbass. It's orthogonal.
    23. Re:Exactly the problem with GPLv3 by mrchaotica · · Score: 1

      TiVo is legally within the framework of the GPL 2. Fine. But you talk about it as if the GPL 3 was some kind of 180-degree change in the intention of the FSF, which isn't true. If you read things like the GNU Manifesto -- the documents that detail the intent behind the GPL (all versions) -- you'll see that the FSFs goal is, and always was, to empower the user. By that standard, the aspects of the GPL 2 that allowed TiVo to do what it did were indeed flaws, and what TiVo did was indeed am end-run! And, indeed, the GPL 3 does no more and no less than fix the bug to eliminate the loophole. Do you understand now?

      --

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

    24. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      I don't see what's stopping you from hacking either their hardware or their software. They make the source code available you know. As far as being able to load your hacked software onto their box, there is nothing preventing you from figuring out a way to do it, if it's important to you (obviously, it's not). If you are prevented from doing so by a law, then work to change the law. Or practice civil disobedience. Don't blame Tivo for the law.

      --
      It's not offtopic, dumbass. It's orthogonal.
    25. Re:Exactly the problem with GPLv3 by mrchaotica · · Score: 1

      ...the GPLv3 "ensures that any software you use under it, you can obtain the source code for and you can modify and still be able to use it". That's the whole point.

      No, the whole point is that the GPLv2 tried to say that too, but didn't manage to do so in a legally-rigorous enough way.

      --

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

    26. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      No, I'm not talking about the intent of the FSF here at all. I'm talking about actual things. The two licenses are very different.

      Mr. Chaotica, I understand perfectly. However, as I do not agree with the intent of the FSF, mostly because I do not agree with their definitions, I do not agree that Tivo did an "end run" or did anything wrong. I do not think there is a "Tivo Bug" in the GPL 2. I think that the whole Tivo section of the GPL 3 is a mistake. Be condescending and say that I do not understand, or be hostile and call me names. I really don't care at this point. I'm tired of the theology (or ideology, if you prefer).

      --
      It's not offtopic, dumbass. It's orthogonal.
    27. Re:Exactly the problem with GPLv3 by adamofgreyskull · · Score: 1

      Stop trolling, that wasn't his point and, unless you are a prize-winning moron, you know it.

      E.g.
      The police enforce the laws that stop someone from shooting me in the face. Those laws, and their enforcement are restricting that someone's freedom to shoot people in the face, but are necessary to protect my, more widely recognised, freedom to not get shot in the face.

      So too is the GPL neccessary to restrict some people's freedom to rob the community of it's hard work, monetise it and prevent the community from using the modified code.

      The TiVo thing is slightly different, in that changes to the code *are* being released, it's just that they're screwing their customers who want to modify the source and have it work on hardware that they legally own.

    28. Re:Exactly the problem with GPLv3 by mrchaotica · · Score: 1

      No, I'm not talking about the intent of the FSF here at all. I'm talking about actual things. The two licenses are very different.

      No, you do talk about the intent of the FSF. Specifically, you imply that the intent of the FSF with GPLv2 matched the letter of it, in order to lend weight to your argument that v2 and v3 of the license are different in intent. In fact, the intent of the GPLv2 did not match the letter of it, but that same intent does match the GPLv3 (at least, to the best of the FSF's lawyers' ability). This can be proven by reading the rationale given in the various articles on gnu.org.

      Besides, it'd be stupid to claim you're only arguing that v2 and v3 differ in letter; everybody knows that. You can tell just by running them through diff, for crying out loud! So, if one assumes you're not stupid, then it logically follows that you're arguing about intent.

      Furthermore, proof that you're arguing over intent (or, equivalently, "spirit") is in your own statements. For example:

      If you believe that Linus is against the GPL or (even worse) against "the spirit of the GPL", you're swallowing a load of bullshit.

      So, in summary:

      • You have an opinion on the merits of the intent of the FSF, which you are trying to advocate. (This, by itself, would be fine.)
      • You are conflating the intent and letter of the licenses, apparently intentionally.
      • You are using the resulting ambiguity to unfairly disparage other people's arguments concerning the FSF's actual intent and further your own.

      In other words, you're being disingenuous and annoying. Moreover, the tactic isn't working. So stop it already!

      --

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

    29. Re:Exactly the problem with GPLv3 by Clopy · · Score: 1

      GPLv3, on the other hand, makes restrictions upon what kind of hardware-software interactions are allowable. Forcing people, corporations, or whomever to use freely available code in a certain way is contradictory to freedom. Isn't that exactly what TiVo is doing? "Forcing people, corporations, or whomever to use freely available code in a certain way". The code is freely available, you can modify it but you can't use it because the hardware is locked. This is a gap in the GPL imho and it is now corrected. What is the point in modifying the source code if you can't use the modified version? It defeats the whole point of open-source.
    30. Re:Exactly the problem with GPLv3 by tehBoris · · Score: 1

      Sire, I believe that the parent poster was referring to this.

    31. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      Which comment were you responding to?

      I have no idea.

      Here, let's try this. Party A releases code under the GPL 2 because the language* of the GPL 2 expresses the intent of Party A. The intentions of the FSF don't enter into it. It's between the licensor and the licensee.

      OK, let's try this another way. If the FSF did intend something different than what is expressed in the language* of the GPL 2, then why didn't they write that into the GPL 2? If situations arise where the GPL 2 doesn't express the intent of the FSF, then you can no longer talk about some "spirit" being inherent in the GPL 2.

      I'm not conflating intent with the letter. Supposed intent only comes into a matter if the document is unclear. I don't see how the GPL 2 can be any more clear than it already is. It's quid pro quo, tit-for-tat, code for code. If anyone is conflating anything, it is you and your fellow FSFers, who are confusing your own intentions, agendas, spirits, or whatever, with what is a software license.

      Perhaps the breakdown is because the license is an insufficient vessel in which to pour all your longing for a better world. If this is the case, I doubt that the GPL 3 is going to be an adequate substitute. It's still a software license. It's not the 95 Theses. It's not the Declaration of Independence and it's not the Constitution.

      I'm sorry to see that you must resort to attacks instead of addressing the issue. But I can't say I'm surprised, given our previous history on this matter. It's a pity, because I once liked you, before you began interpreting a disagreement as some sort of personal attack on the very bedrock of your being.

      *language, i.e., what is expressed in the actual words of the GPL 2

      --
      It's not offtopic, dumbass. It's orthogonal.
    32. Re:Exactly the problem with GPLv3 by MooUK · · Score: 1

      There's no restriction on *USE* whatsoever. There are restrictions on distribution. It's a reasonably important distinction.

    33. Re:Exactly the problem with GPLv3 by MajorCatastrophe · · Score: 1

      Yet, people who bought TiVo's were unable to make full use of the freedoms that the GPL (as a Free software license) was supposed to guarantee them.

      Does the GPL guarantee the right to change the software or the system? As I understand it, you can change the software, but you can't change the system, which is far enough imo. Once you've changed the code, it still says TiVo on the box, but it's not a TiVo any more. Seems much the same as the Firefox/Iceweasel issue to me.

      TiVo presumably have other stakeholder concerns beyond the end user, such as content producers. I can't believe they spent development time and money implementing DRM features just to piss people off. It's entirely right that they should be able to decide how their system is used; after all TiVo will still end up being held responsible if any legal shit hits the fan regarding modified versions of the product being used in ways that they, or their stakeholders, did not intend. If you don't like it buy a different one, or take their GPLed code and build your own.

      Others felt it was violating the spirit (not the letter) of the license that the code was provided to TiVo under.

      Along similar lines to his religious zealot accusations, this idea of the "spirit" not the "letter" of the license is something Linus has complained before. There was a slashdot article about it a few weeks back I think. People should fully expect businesses to use licenses on their merit, as they are written. Inferring what the "spirit" is, is rather open to interpretation. I can't imagine it stands up well in court.

    34. Re:Exactly the problem with GPLv3 by Indigo · · Score: 1

      I think you're missing the point here. The enforcement of freedom is the enforcement of the opportunity to act. Big difference. The person who has the freedom is the one that decides whether to take advantage of that opportunity.

    35. Re:Exactly the problem with GPLv3 by Charlotte · · Score: 1
      Let me reverse the order of two sentences (for no particular reason):

      GPL version 2 had no restrictions on what hardware was required upon which to run the software.

      Quite right, and it presented a loophole: rather than having proprietary software block you from doing what you wanted, the proprietary stuff has moved into the hardware where you don't have any control over it anymore. What use is software freedom if the hardware is locked down? This locking down is against the very nature of the GPL -- so it has to go the way of the dodo. The biggest problem with moving to a completely "free" system is the lack of open hardware drivers (winmodems, video cards, ...). Rather than having people re-engineer the whole shebang we need truly open hardware designs - which is something we're already seeing: open phones, open CPUs, etc. The going is slow but we're getting there.

      Fundamentally, I think the poster's quote is one of the biggest arguments against the adoption of GPLv3.

      That is possible, yes. But the fact is that most GNU software can be used under *any future* GPL version, and this is how to do it: I hereby declare to be using GPLv3 on any software that is GPLv2 and contains the "any future GPL version" clause. That wasn't too difficult, was it? :)

      The only major software I know of that could be a problem is Linux itself, which is only under GPLv2. No problem, we can move to OpenSolaris just as we moved from XFree to Xorg. My estimation is that just as with GPLv2, GPLv3 will creep up on everyone and be a fait accompli before long.

    36. Re:Exactly the problem with GPLv3 by OriginalArlen · · Score: 1
      Point of order. I believe the term 'system' means 'that combination of hardware and software which, taken as a whole, comprise a functioning device.

      Releasing your GPL'd source whilst using technical measures to make it impossible for someone to modify *and execute* that source (presumably on the custom hardware the vendor's supplying, in the Tivo example) is clearly contrary to the fundamental purpose of the FSF. If you can't (as an example) change the startup banner to say "Welcome to freddy's mad tellybox!" in the source, then load and run that source on the hardware (assuming you have the technical skills & resources to do so) *because they've put a self-destruct device in that melts the CPU if you open the lid* (as a random example) that's clearly against the spirit of the GPL. (I take it no-one disputes that, at least?) It does seem that pulling the Tivo stunt complies with the letter, but not the spirit of the GPL 2.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    37. Re:Exactly the problem with GPLv3 by OriginalArlen · · Score: 1

      GPL 3 is so different from GPL 2 that I find it hard to claim that it's a revision or iteration. Well, then you don't understand it (don't worry, lots of people don't either, e.g., Linus).

      And that is where this whole thread started... my assertion that many people clearly didn't really understand the GPLv2 properly. I can understand Linus' annoyance that he didn't fully understand the FSF and the purpose of GNU and the GPL. Seems to me that he should either relicense as BSD (or write his own similar license) or ensure that the whole kernel is strictly v2 only - none of that "or later versions" language.

      Good luck with that one.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
    38. Re:Exactly the problem with GPLv3 by nanosquid · · Score: 1

      Try this on for size:

      Well, "misunderstand" is a polite way of saying "you haven't f*cking read the thing all the way through".

      If you have actually read it and you still claim it's viral, then you didn't "misunderstand", you're just a lying s.o.b. with a religious hatred of free software. Which is, I suspect, what you are.

      Clear enough for ya?

    39. Re:Exactly the problem with GPLv3 by msuarezalvarez · · Score: 1

      I do not understand why you seem to think that what you are saying somehow contradicts what I said---as evinced by your starting with that 'no' there. Oh well.

    40. Re:Exactly the problem with GPLv3 by Dillon2112 · · Score: 1

      The reason lawyers (and programmers, incidentally) have jobs is because capturing intent in a formalized language is difficult. When we evaluate legal documents like legislation and contracts, there are always two aspects: what the document says, and what it meant to say. The shear between these two ideas in law is "unintended consequences", and it is one reason I believe that fewer laws in general is a good thing. This is also true in programming: the shear between the intent of a program and the reality is observed in bugs (or "features". =)

      In any case, the "spirit" of the GPL (as mentioned above) is really a reference to the author's (RMS, in this case) intent, nothing more.

    41. Re:Exactly the problem with GPLv3 by SanityInAnarchy · · Score: 1

      I will hijack this part for my own purposes :-)

      You won't mind if I do the same, then...

      GPL version 2 had no restrictions on what hardware was required upon which to run the software.

      No, but it did have restrictions on what software could be linked against your software.

      The license merely required that all modifications to the software were contributed back to the original work. It did not care how you used the software, merely how you contributed back to the project.

      No, it absolutely did NOT.

      In fact, this particular misconception was very painful for a company which attempted to build a business model around selling GPL software, with source code. This was entirely legal under the GPL, so long as users got both the software and the source code under the same terms -- meaning any user could easily fork their software and sell it, or give it away for free.

      But a bunch of idiots like you, who apparently never read the GPL, started cracking their server, DoS-ing them to hell, sending death-threat letters, and so on, until they decided the open source community was too hostile to work in, and they left.

      The license has absolutely nothing to do with the project. It's not about enforcing that you contribute back to the community, though it usually accomplishes that rather well. Its original intent and purpose has always been about enforcing the rights of the users. This means it's perfectly legal for TiVo to prevent anyone from downloading their modified source code without providing a valid TiVo serial number, but the intent of the GPL (any version) is to allow those users to modify that software and run their modified versions without restriction.

      Version 3, on the other hand, makes statements about how software is distributed, just like Version 2 does.

      Fixed that for you.

      Anybody can use TiVo's source code modifications in their own hardware projects if they so desire. The software is still just as free as if TiVo decided to run it on a non-DRM'ed box.

      If that were true, then you could use TiVo's source code modifications on their own hardware. You can't, so it's not "just as free."

      And yes, it is valuable that you can use TiVo's source code in your own hardware projects. But that's a value to developers, and that's not who the GPL was designed to protect. It was designed to protect users. Not TiVo, you, the person who buys a TiVo. Even if you're not a hacker yourself, the GPLv3 is designed to make it so that, supposing you want your TiVo to do a certain thing or behave a certain way, you can hire someone to make it so, and that someone does not have to work for TiVo.

      I realize that may be expensive enough to be impractical, but we already do that with bounties, and I believe there are websites set up to collect small donations from individuals who want a particular feature -- sort of a class-action bounty.

      GPLv2 ensured that all software remained free.... GPLv3, on the other hand, makes restrictions upon what kind of hardware-software interactions are allowable.

      Explain to me why it's OK to limit software-software interactions, but not hardware-software interactions?

      Forcing people, corporations, or whomever to use freely available code in a certain way is contradictory to freedom.

      So don't use it. Duh.

      That's like saying that gay marriage is even an issue. You don't have to like it, support it, or even acknowledge it, and guess what? Nothing the gays do will have any effect on your own straight marriage.

      It is also the argument against DRM.

      Maybe so, but again... I don't like DRM, so I don't buy it. I encourage you to do the same. Nobody is holding a g

      --
      Don't thank God, thank a doctor!
    42. Re:Exactly the problem with GPLv3 by Ohreally_factor · · Score: 1

      The GPL is not a law, it is a license agreement. The intent of those party to the agreement (i.e., Licensor and Licensee) are all that matters, not some third party, even if that third party constructed the agreement. If the GPL 2 didn't properly express the intent of the parties involved (the Licensor and the Licensee), then they would find some other agreement that better reflected their intent.

      Bringing in a third party's intent into a two way transaction is nonsensical, as is speaking of the "intent" or "spirit" of the GPL 2. Why can't we just say that the GPL 2 didn't correctly express the intent of the FSF so they decided to create the GPL 3, instead of making up some metaphysical bullshit about the GPL 2. GPL 2 is what it is. Personifying it is not going to change what it is. As soon as I hear people going on about the "spirit" of the GPL, I get ready to hear arguments based on emotions rather than logic. I get ready for someone to start mashing the "freedom" button, because how could anyone be against freedom?

      --
      It's not offtopic, dumbass. It's orthogonal.
    43. Re:Exactly the problem with GPLv3 by Fred+Ferrigno · · Score: 1

      If I wrote the software for that VCR and then found out the company is doing things with it I simply don't like, then maybe I'll rethink what I'll let them do with it. It's not about whatever rights or expectations you have when you purchase a product. If I don't like their name, I can add a provision to the license for my software that says companies named TiVo may not use it. And they'd be SOL.

    44. Re:Exactly the problem with GPLv3 by mrchaotica · · Score: 1

      OK, let's try this another way. If the FSF did intend something different than what is expressed in the language* of the GPL 2, then why didn't they write that into the GPL 2?

      Oh come on, are you really asking that? The answer should be rather obvious. It's because they didn't think of it at the time, because the technology to enable the situation (namely, DRM) hadn't been invented yet! RMS may be reasonably good at predicting the future (see The Right to Read), but he's not that good.

      If situations arise where the GPL 2 doesn't express the intent of the FSF, then you can no longer talk about some "spirit" being inherent in the GPL 2.

      The "spirit" is inherent in the FSF, and is expressed through its writings -- not just the GPL, but also the GNU Manifesto, The Right to Read, and all the other writings on gnu.org. The fact that the "spirit" was imperfectly expressed in the particular document with legal weight (i.e., the GPLv2), although supremely unfortunate, does not diminish the existence of that "spirit" (or, to use a less loaded word, intent).

      I'm sorry to see that you must resort to attacks instead of addressing the issue.

      I'm not "attacking" you, I'm merely pointing out that you're trying to persuade through duplicitous, rather than logical, means.

      --

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

    45. Re:Exactly the problem with GPLv3 by mrchaotica · · Score: 1

      You were trying to contrast it with the GPLv2. In other words, you were implying that the GPLv2 did not include the "and still be able to use it" bit. This is not true; the GPLv2 does include that, implicitly.

      --

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

    46. Re:Exactly the problem with GPLv3 by node+3 · · Score: 1

      You're a blithering idiot.

      Such an auspicious beginning.

      All you are saying is that "freedom is not free"

      No, that's not what I'm saying at all. I'm saying you can enforce freedom. "Freedom is not free" means (depending on the context and the philosophical bent of the speaker) either that one must fight for one's freedom or that freedom comes with responsibility. While related, they do not directly answer whether one can or cannot enforce freedom.

      And to think, this is the high point of your post!

      It's absolutely clear you have no idea what the GPL is, what its purpose is, and how Free Software relates to Open Source software. A few corrections as follows:

      to wit, GPLv3's switch away from the "freedom of use" model to a more restrictive model, dictating what you may *not* do with GPLv3 code.

      The GPL *always* stated ("dictated" as you put it--hrm... such a loaded term, was it subconscious, or did you use it on purpose?) what you may *not* do with GPL'd code.

      These restrictions represent a departure from the professed "freedom" of FOSS

      The FSF does not promote "FOSS". They don't care about Open Source software *at all*. The freedom (why the "quotes" in your post? again, telling) the FSF is promoting is the freedom to use, copy, share and modify software. The GPLv3 does not move away from this, but moves ever closer.

      towards the straightjacket that lies at the end of all socialistic moral codes like Stallman's.

      Ayn Rand was wrong. Try thinking for yourself instead.

      For example, "the straightjacket that lies at the end of Stallman's moral code"? Are you saying that the ultimate end of the GPL is to enslave its users? Does that phrase pass even the mildest examination? If you think it does, I suggest a diet of less dogma and more free thought.

      From an ideological standpoint, this was going to happen sooner or later; while FOSS may look socialistic on its surface, the fact remains that it is capitalistic, through and through

      The world is not black and white. FS is not OSS, and both are whatever you want it to be. They're not purely capitalist, or socialistic. The simplest proof is that socialism is a political system, capitalism is an economic system, and software licenses are legal constructs. While there are relations between the three and one can have an effect on the other, it's an unavoidable fact that they are all different things.

      that is, it still operates on the same basic principles of individual rights as does copyright

      Capitalism does not operate on the "principles of individual rights". For example, capitalism is quite amenable to slavery. The clue for why this is is because political systems and economic systems are also different things.

      in particular the author's right to set terms for the use of his work and to accept/reject such terms as set by others for theirs.

      Strange, that's *exactly* what the FSF is doing with GPLv3. One minute you called this a dictatorially imposed straightjacket, then next it's individual rights-based capitalism.

      You're all over the map, and exceptionally self-contradictory. It should be fairly clear this is because your assumptions are wrong--primarily, your assumptions about politics vs economics vs legal contracts. If you falsely assume they are perfectly interchangeable entities, it's inevitable you will arise at contradictions.

      The move towards restrictions born of Stallman's ideas of how software "should" be licensed, is a reflection of the totalitarianism inherent in his anti-capitalistic philosophical outlook. That contradiction was going to explode sooner or later.

      Yup, back to anti-capitalistic totalitarianism. Your claims are so curious. How can you hold views with such force that are so easily disproved? In this case, for example, consider the fact that Stallman's license is entirely voluntary. You don't h

    47. Re:Exactly the problem with GPLv3 by isilrion · · Score: 1

      TiVo, however, runs their software on a DRM'ed box.

      Erm... no. The problem is not TiVo running their software in their DRM'ed boxes... The problem is TiVo forcing users to run "our" code in DRM'ed boxes. TiVo (even with GPLv3) is still free to run GNU/Linux in anything they wish. If they want to run the software in DRM'ed boxes, sure, they can do that. What they can't do (with GPLv3) is distribute a copy of that software after they break my hardware on purpose so that I cannot use the freedoms granted by GPLv2.

      And yes... That TiVo I have back there, is my hardware, not theirs.

    48. Re:Exactly the problem with GPLv3 by ArhcAngel · · Score: 1

      from what I've read about the DMCA and related laws, wouldn't it be illegal to modify (or remove) hardware that was designed as a DRM/copyright enforcement mechanism?

      What copyright are they enforcing? The GPL?

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    49. Re:Exactly the problem with GPLv3 by Cyno · · Score: 1

      TiVo will still end up being held responsible if any legal shit hits the fan regarding modified versions of the product being used in ways that they, or their stakeholders, did not intend.

      Really?

    50. Re:Exactly the problem with GPLv3 by ScriptedReplay · · Score: 1
      Sorry for dropping in late on this. It seems to me you are confused - or at least confusing things, whether on purpose or not. I believe the appropriate question here is enforcing whose freedoms on whom? I believe the original oxymoron statement was meant in terms of not being possible to enforce someone's freedom on themselves, as it stops being free. The GP covered that case. Now about your examples:

      But you can force people to honor your freedom.
      Ah, my freedom enforced on them. That makes me free, but also makes them less so. When completely one-sided, it's the definition of tyrrany.

      You can also force others to not infringe on the freedom of others.
      Different sets of others here, I gather. Anyway, your statement is effectively you are free to do anything except not respecting other people's rights. That is not the same as free.

      The problem with the except clauses is that freedom is atomic - you either have it or you don't. Any attempt to slice it makes it go away. Now, there is the argument that complete freedom (anarchy style) is not necessarily good for progress and some constraints can be useful anyway. You can pick your favorite shade of grey here by choosing what restrictions you can live with, but calling it white is misleading.

      So yes, I believe the op was right in calling 'enforced freedom' an oxymoron. In particular, what GPL means to do is to restrict the amount of un-freedom. It's a laudable goal[*], but the mere fact that you're restricting makes it un-free.

      [*] in terms of using (now-)non-evil restrictions to fight evil ones. And one sees the same pattern again, of giving up freedom for the sake of enforcing a moral judgment. Oh well.
  109. Re:Who cares? by markov_chain · · Score: 1

    the classic BSD license really doesn't protect

    You obviously don't grok the BSD license then, because it's not supposed to "protect" against that.

    The second line doesn't follow. He is right that the BSD license doesn't protect, regardless of the fact that it's not supposed to.

    Like it or not, I think there were many, many capable programmers out there whose imaginations were captured by the share and share alike principle. I always wonder what would have happened without Linus, or RMS-- would this group of people naturally end up organizing around a similar leader/project?

    --
    Tsunami -- You can't bring a good wave down!
  110. An observation. by TapeCutter · · Score: 1

    Human interactions have evolved to a point where one must become a control freak to be free.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:An observation. by QuantumG · · Score: 1

      Because some people are obsessed with gaining the upper hand. They just don't like the fact that people are free. The people I'm talking about are the record companies and the movie industries and the proprietary software companies of this world. They want to keep making money and the only way they can do that is by restricting people. The fact that you can't just write in a license "I want all users of this software to be free to run it for any purpose, modify it and redistribute it, if you're doing anything which prevents this, you can't use my software" and you have to enumerate all the different ways that people can violate the rights of the users of the software is why we need to have license updates. This changes the status quo and some people just can't handle that either.

      --
      How we know is more important than what we know.
  111. All law is based on morality by Excelcia · · Score: 1

    I have heard so many times, in so many different arguments, that you can't/shouldn't legislate morality. The reality is, all law is based on morality. Anyone that uses the argument that you shouldn't make a rule or law based on some principal of morality is simply trying to sell an incompatible principal of morality that he or she doesn't want a rule or law to forbid.

    Laws forbidding murder are based on the moral principal that human life is precious and that, in most circumstances, killing is wrong. Whatever you may think of religion, it is religious principles and the morality that springs from them that are the cornerstone of virtually all the world's jurisprudence.

    The FSF is most certainly promoting a certain paradigm of morality. There is, however, nothing wrong with this. What is truly evil, is for someone else to come along and label them religious fanatics for promoting their morality, while doing them same thing himself. Linus is arguing moral principals - which is fine. I have no problem with his coming out and saying "there is nothing wrong with TiVo-ization". I don't agree, but there is nothing wrong with that point of view. What is absolutely reprehensible is the way he makes personal attacks out of his arguments.

    If there is some party in this debate who is acting like a totalitarian state (with his constant statements of "go write your own OS if you don't like what I'm doing"), it seems to me to be Linus that fits the bill best.

    1. Re:All law is based on morality by Oswald · · Score: 1
      Your conclusion is that because some laws coincide with some widely held moral positions, the latter must motivate the former. This is as erroneous as another person concluding that because laws and morals are separate issues that murder (illegal pretty much everywhere) must not be immoral.

      It is entirely possible to formulate a functioning body of law based on the concept that one person's space/liberty/rights must not intrude on another person's right to be secure in their possessions (including, naturally, their body). The law protects each citizen from all others within the limitations imposed by human error and imperfection.

      I don't pretend to know how to unravel the problem of Linus's disliking GPLv3 while many people who have made very substantial contributions to Linux (perhaps whose contributions outweigh his on some scale) may wish to adopt it. Sometimes it seems Linus doesn't see this problem, but he's too smart not to. I think in the end, this will be a lesson for contributors to FOSS: the guy who owns the project calls the shots, and some of those calls will extend beyond the realm of the technical. Contributor beware.

    2. Re:All law is based on morality by cyborg_zx · · Score: 1

      Emotion -> Empathy -> Morality -> Law.

      There is no magic oracle from which law springs - law arose from the codification of shared social values arising from our own internal emotional prejudices. The irony is that you did exactly this when trying to provide a counter-example to the OPs argument. You placed an emotional value on freedom, empathically reasoned for the emotional value of this for others and then codified the moral implications into a legal construct.

    3. Re:All law is based on morality by DoktorSeven · · Score: 1

      "I have heard so many times, in so many different arguments, that you can't/shouldn't legislate morality. The reality is, all law is based on morality. Anyone that uses the argument that you shouldn't make a rule or law based on some principal of morality is simply trying to sell an incompatible principal of morality that he or she doesn't want a rule or law to forbid. "

      Someone hasn't played Ultima V.

      --
      This is a sig. Deal with it.
    4. Re:All law is based on morality by Oswald · · Score: 1
      More like this: Emotion -> Law.

      Your argument is more sophisticated than the one I responded to first, but it still wants to throw morality into a formula that doesn't require it. I talked about a fair legal system because that's where the OP was coming from; I could as easily have talked about degenerate systems like apartheid or Naziism. I don't think you would argue that those systems were based on empathy or morality, but their proponents would. And that's the point: systems from Libertarianism to fascism to Communism all claim to be based on what is right and good. In truth it's about nothing more complicated than what some people want, i.e. their emotions.

      There is indeed a magic oracle from which law springs. It's called power. Power in the form of votes or money or guns or whatever it takes to make thing work the way you and your allies want them to work.

      I'll grant that the legal system I described in my post was based on emotion. Just don't go dragging morality into the thing.

    5. Re:All law is based on morality by cyborg_zx · · Score: 1

      but it still wants to throw morality into a formula that doesn't require it.
      It's not about 'requirements' - it's about choosing the best way to describe what is happening. Morality is a formalism for social reasoning and what is law if not a formalism for social behaviour?

      I don't think you would argue that those systems were based on empathy or morality, but their proponents would.
      Ah, but that's the point you see. It's a moveable feast and it's possible to push people into one or the other with the right conditions. The founders of the Nazi party understood this all too well which is why they very nearly succeeded at what they were attempting.

      There is indeed a magic oracle from which law springs. It's called power.
      Power's not an oracle - it does not define law, it merely gives the opportunity for someone else to do so.

      I'll grant that the legal system I described in my post was based on emotion. Just don't go dragging morality into the thing.
      They are inexorably linked I'm afraid.
    6. Re:All law is based on morality by Oswald · · Score: 1
      One more, then you can have the last word if you want it because I'm afraid we're talking past each other. I think that you're using "morality" to mean a formalism for ANY social reasoning, however twisted or cruel. That's not the usual definition of morality. If that's what you mean by morality, then we agree on what law is, but if that's what morality is, then it's just emotion--hate, affection, greed, envy, fear, whatever--by another name (as long as enough people in a society share it). So what's the point of morality? Do as I did and draw a straight line from emotion to law.

      Your first post said: Emotion -> Empathy -> Morality -> Law. Show me a path from "I hate Jews" through anything that could be called empathy to get to a morality that says "We should persecute the Jews."

    7. Re:All law is based on morality by cyborg_zx · · Score: 1

      That's not the usual definition of morality.
      Unless you're a moral absolutist then you basically have to accept that what is considered moral is a case of mutual agreement. You seem to be making morality synonymous with 'being good', but of course that just begs the question of what 'being good' entails - which gets us nowhere.

      Show me a path from "I hate Jews" through anything that could be called empathy to get to a morality that says "We should persecute the Jews."
      Humans are tribal creatures - it is quite simple engendering a lack of empathy that leads to moral concepts that say, "killing those who are not of the tribe is good." When people think of the enemy as human they are less likely to kill them because that's just how our sense of morality works. Hence first you dehumanise Jews - I'm sure you don't need me to give you examples of that occurring - then people will complicity accept that they must be exterminated for the good of humanity. It's a pattern that you will see repeated a million times around the world and one most recently exemplified by the conflicts between the US and the Middle East - just look at the language Bush uses "with us or against us," "good vs evil." This shit just works on people as much as one might like to pretend it doesn't.
  112. Meanwhile... by xtracto · · Score: 1

    Meanwhile somewhere in a basement all the BSD developers are rolling on the floor laughing at these bunch of guys discussing for the licensing issues...

    Everyone exept Theo, as he is trying to start a discussion within the BSD guys.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  113. Re:What would Linus do with a trusted computing ma by SEE · · Score: 1

    If the GPL v3 actually stopped "trusted computing", there would actually be some point to its anti-Tivoization clause. However, it doesn't, because it only applies to a "User Product". "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."

    So the actual GPL v3 message is:
    "Sure, computer manufacturers, you can lock down all the servers and corporate/government/education desktops you sell so they can only run versions of Free Software you specifically authorize, allowing you to simultaneously serve the GNU/Linux market and deny people freedom. Our license doesn't affect that at all. We don't care if the eventual result of the combination of our deliberate loophole, the home desktop dominance of Windows, and pressure from Microsoft, is that every general-purpose computer sold worldwide can only run manufacturer-authorized software. That's not important enough to worry about. No, what we want to make sure is that every time somebody calls the TiVo support line about a bug, the TiVo people have to ask the user if he's using an unauthorized version of the software. That's the important thing!"

    There are only two possible interpretations of the anti-Tivoization clause. Either the writers were utterly incompetent, or they were motivated by nothing but malice toward TiVo. Because it doesn't do shit for Free Software.

  114. some flaws in your IRC log there... by Animaether · · Score: 1

    In your BSD example, you are essentially stating that 'evildude' (I suppose that'd be 'selfishbastard' after a nick change?) took over the channel of 'developer1' and 'developer2' and essentially removed their control over it. That's not what BSD is.

    Here's a slightly more accurate version... as far as one can every distill the crap down to a pseudo IRC log

    ** now talking in #BSD
    Hey look! I have this channel here, want to help me with it?
    Sure!
    sets mode +o developer2
    entered the channel
    Hi dude, I've got this cool channel here, want to try helping?
    Sure!
    sets mode +o selfishbastard
    (...2 seconds pass...)
    * @selfishbastard thinks this is pretty neat and wonders if he could do the same thing
    selfishbastard: /join #closed
    dude, did you just fork our channel?
    hell yeah
    developer1: /join #closed
    developer2: /join #closed
    ** now talking in #closed
    sweet! Mind if we get control as well?
    as a matter of fact, I do..
    oh.. well that's okay :D
    developer1: /part
    ass. knew we should've gone with GPL...
    developer2: /part
    ** now talking in #BSD
    man, that sucked.
    why? That's what the BSD allows - he's free to keep his stuff closed
    yeah, but that means that all those kick-ass things he's doing there aren't coming back to us
    so? more power to them
    and less power to us.
    how so? if you want to add the functionality, you're more than welcome to do so yourself
    wtf. you're an idiot
    look, if you disagree with it, you're more than welcome to create your own fork and relicense it under the GPL. Then if somebody forks from that, (and they release it, yadda yadda), they'll have to make their changes available.
    fine. I will.
    developer2: /join #GPLv2
    ** now talking in #GPLv2
    there we go.
    * @developer2 adds some kick-ass features not in the BSD or closed version
    * @developer2 sets mode +milt #GPLv2
    ** now talking in #BSD
    woot. Check it out!
    niiiiiiice :D
    are you going to add his stuff?
    can't... he licensed it all under the GPL. If I included any of it, all of our stuff would become GPL as well. :D
    yowza. So if I then took it from you.. or if I took it straight from him.. I would have to make all my changes public as well? :DD
    That's the GPL for ya
    * @selfishbastard thinks those changes from developer2 look mighty fine tho'
    Well, you're free to implement them on your own :DDD
    bah, too much work...
    * @selfishbastard combs over the GPLv2 license
    oooh... :o
    @selfishbastard: /join #GPLv2
    ** now talking in #GPLv2
    wtf do you think YOU're doing here?
    * @selfishbastard just grins
    ** now talking in #BSD
    lol... come watch this in #closed
    ** now talking in #closed
    * @selfishbastard sets mode +miltk DRM
    whoa hey.. you just took his features. That's GPL man - now all your stuff will have to be out in the open. Not that I mind in principle, but it's not like I'll benefit from it.
    ahh, you missed the crucial difference.. I put the stuff that makes things happen behind a DRM key.
    huh.. .. meaning that, sure, I'll give them the code, and they're free to change it as they wish. But without my DRM key, there's not a whole lot they can do with it :D
    that's.. sneaky.. pretty sure that goes against the spirit of the GPL
    tough shitski for him.. the letter of the license applies, not the spirit
    I think I'll just sit here quietly.. I'm not sure what to think of this
    ** now talking in #GP

    1. Re:some flaws in your IRC log there... by Animaether · · Score: 1

      Well. That'll teach me to use the Preview button. Of course, the fixed variant hits a lame filter about too few characters per line. Go fig. Sorry for the "[anti-lame-filter filler material]" spammage.
      ===
      In your BSD example, you are essentially stating that 'evildude' (I suppose that'd be 'selfishbastard' after a nick change?) took over the channel of 'developer1' and 'developer2' and essentially removed their control over it. That's not what BSD is.

      Here's a slightly more accurate version... as far as one can every distill the crap down to a pseudo IRC log

      ** now talking in #BSD [anti-lame-filter filler material]
      <BSD-dev> Hey look! I have this channel here, want to help me with it?
      <some-dev> Sure! [anti-lame-filter filler material]
      ** BSD-dev sets mode +o some-dev
      ** @some-dev changed nick to @BSD-dev2
      ** some-other-dev entered the channel
      <@BSD-dev2> Hi dude, We've got this cool channel here, want to try helping?
      <some-other-dev> Sure! [anti-lame-filter filler material]
      <BSD-dev> sets mode +o some-other-dev
      * @some-other-dev thinks this is pretty neat and wonders if he could do the same thing

      some-other-dev: /join #TiVo [anti-lame-filter filler material]
      <@BSD-dev> dude, did you just fork our channel?
      <@some-other-dev> hell yeah [anti-lame-filter filler material]
      BSD-dev: /join #TiVo [anti-lame-filter filler material]
      BSD-dev2: /join #TiVo [anti-lame-filter filler material]
      ** now talking in #TiVo [anti-lame-filter filler material]
      <BSD-dev> sweet! Mind if we get control as well?
      <@some-other-dev> as a matter of fact, I do..
      * @some-other-dev is now known as @TiVo-dev
      <BSD-dev> oh.. well that's okay :D [anti-lame-filter filler material]
      ** BSD-dev has left #TiVo [anti-lame-filter filler material]
      <BSD-dev2> ass. knew we should've gone with GPL...
      ** BSD-dev2 has left #TiVo [anti-lame-filter filler material]

      ** now talking in #BSD [anti-lame-filter filler material]
      <@BSD-dev2> man, that sucked. [anti-lame-filter filler material]
      <@BSD-dev> why? That's what the BSD allows - he's free to keep his stuff closed
      <@TiVo-dev> :D [anti-lame-filter filler material]
      <BSD-dev2> yeah, but that means that all those kick-ass things he's doing there aren't coming back to us
      <BSD-dev> so? more power to them [anti-lame-filter filler material]
      <BSD-dev2> and less power to us. [anti-lame-filter filler material]
      <BSD-dev> how so? if you want to add the functionality, you're more than welcome to do so yourself
      <@TiVo-dev> :DD [anti-lame-filter filler material]
      <BSD-dev2> wtf. you're an idiot [anti-lame-filter filler material]
      <BSD-dev> look, if you disagree with it, you're more than welcome to create your own fork and relicense it under the GPL. Then if somebody forks from that, (and they release it, yadda yadda), they'll have to make their changes available.
      <BSD-dev2> fine. I will. [anti-lame-filter filler material]
      <@TiVo-dev> But I can continue to use your BSD code, right? [anti-lame-filter filler material]
      <BSD-dev> absolutely [anti-lame-filter filler material]
      <@TiVo-dev> :DDD [anti-lame-filter filler material]
      <@BSD-dev2> *ugh* [anti-lame-filter filler material]

      BSD-dev2: /join #GPLv2 [anti-lame-filter filler mater

  115. The New Mandrin class by Simple-Simmian · · Score: 1

    Lawyers have made it so no money can change hands without them getting a cut, no law can be made unless they control every jot and tittle of it. Anything that is a threat to the Lawyers stranglehold on the political system must be killed or imprisoned. More Lawyers = less freedom. Lawyers are the only real a threat to your personal well being and liberty.

    --
    If you don't like what I write don't be a CS and mod it down. Refute it.
    Yea I can't spell. So what is your point?
    1. Re:The New Mandrin class by arakon · · Score: 1

      Yes I always wondered why the law system had to become increasingly more difficult and obscure to actually need a whole class of people whose sole purpose is to "interpret" that law... I'm all for a roll back to the basics with a few minor added laws that anybody above a 3rd grade reading level can read and understand in one sitting. The whole thing shouldn't take up more than 50 pages.

      --
      "If I were bound by all laws everywhere I'm sure I would have committed a capital crime somewhere."
  116. Here's the context: http://lkml.org/lkml/2007/6/20 by Iaughter · · Score: 1
  117. Re:Morality vs. The World[tm] by WhiteFluffyChest · · Score: 1

    I like what you say, but GPL is like a one way trap, or a black hole. Once you enter it, you are sucked into it forever.

    I can understand both opinions here, including Linus's frustrations. I think he feels like he's slipping into a one way trap and loosing his control.

    Stallman, really bugs me in some ways. He reminds me of the Prophet Mohammad too much. I stand can't him getting the credit for so many other peoples hard work. With his name at the top of the FSF. Juck, so cheesy!

    That's why I prefer BSD.

    Come to think of it, after reading all this. A simple BSD style licence with a patent clause would be great in these current times. There is no evidence to say we need a GPL licence for open source projects to succeed. I think most programmers don't understand it properly and are just being sucked into it.

    Simple is much more elegant and to the precise point.

    The solution must be simple.

  118. Article is unnecessarily divisive by Geof · · Score: 1

    Thank you for posting that. What's really unfortunate here is that the incendiary language in the Information Week article quotes Linus out of context thereby reinforcing divisions in the free and open source software community without helping to address what are important concerns.

    The FOSS community, as Linus implicitly argues, is a coalition of people with different agendas, whether those are developing quality software, making money, or increasing freedom. We work with each other because we all benefit, even though we may not all agree. We do need to discuss our divisions - moral, political, etc. We don't need to create pointless division by demonizing Linus, RMS, or anyone else.

    Now I don't agree with Linus's position on GPL3. It seems to me that Linus's reasining is based on an idealized conception of individual freedom that fails to take into account the practical limitations on that freedom and the context in which choices are made. I believe his conclusions are very wrong, and some of his argument is badly worded (I'm not certain whether he's being very aggressive or just unclear) - but much of what is quoted in the article and Slashdot summary is taken out of context and deliberately used to dramatize the situation. In particular, Linus does not call RMS & co. totalitarians or fanatics. He quite rightly uses that characterization for anyone who equates morality with the law. If you ask me, it's a strawman argument. It's that argument we need to dismiss, not Linus

  119. GPLv4 by mdsolar · · Score: 1

    Anything that is written so that it can be compiled with gcc is free software.
    if (C=gcc) prepend GPLv4
    recurse

    Massa Bill says "Recurses! Foiled Again!"

  120. Re:Morality vs. The World[tm] by WhiteFluffyChest · · Score: 1

    Come to think of it, Mac OS X came from BSD not Linux. Not from GPL Linux.

    What we really need now is some competition in the market place as well as some open source.

    I would really love to buy a copy of Mac OS X for my PC, why can't some company do something like this. If Linux was really free and could be used as a base, it would make it easier.

    Then, that would give Microsoft a harder time wouldn't it, they would have to compete more.

    Then if people used this OS, it's similarities would then benefit its original open source base. Instead of software written entirely for the NT/Windows platform.

    We need more commercial freedom and need to promote the spread of Unix style software.

  121. Sour, said the fox by jhol13 · · Score: 1

    I find it silly to compare his kids with himself - the comparison (in the context of http://lkml.org/lkml/2007/6/20/223) clearly does not make sense.

    Then he starts ranting GPLv2 not being about "morals" although he himself considers anything written to Linux kernel ("thinking about Linux") must be GPLv2 but ported drivers (e.g. from Windows) does not need to be.

    Sour, said the fox ...

  122. It's Obvious... by Grog6 · · Score: 1

    We Hate Them; We hate Assholes, Corporate Scum, and M$.

    Where The Fuck have you Been? (unless you're one of the above)

    --
    Truth isn't Truth - Guliani
  123. The balance of Freedom by borgheron · · Score: 1

    The GPL is a balance between the freedom of the people who make/distribute software and those who use it. The GPLv3 attempts to address certain inequities that have arisen over the past few years which have upset this balance. These inequities threaten our freedom as users of the software (things like DRM) and also threaten to allow big companies to marginalize Linux and other GPL'd software (things like the Novell-MS, Linspire-MS deals... etc).

    You can rest assured that RMS and the FSF has taken these into account when considering the changes for GPLv3. Linus' focus seems to be very pro-business. He seems to believe that whatever is good for businesses using Linux is good for Linux. In doing so he either doesn't care or, indeed, isn't aware of these issues. They are a threat to the future efficacy of Linux in the marketplace.

    I, personally, believe that the GPLv3 is a step in the right direction and that, if Linus wants to preserve Linux for the future, then he'll move the kernel to it.

    Sincerely, GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  124. linus@2.16.22 # man hypocrisy by jkrise · · Score: 1

    hypocrisy, hypocrite : "Hypocrisy is the act of condemning another person, where the stated basis for the criticism is the breach of a rule which also applies to the critic. Though hypocrisy is frequently invoked as an accusation in debates, a few theorists have studied the utility of hypocrisy, and in some cases have suggested that the conflicts manifested as hypocrisy are a necessary or even beneficial part of human behavior and society. "

    RMS & co. created the GPL for furthering the cause of software freeedom. Linus Torvalds & co., of their own volition, and without any coercion, adopted the GPL v2. 15 years later, it is found that a few black sheep.. er: so-called commercial 'users' of GPL are acting against software freedom, and RMS & co. release a new version to prevent further erosion of software freedom.

    Instead of engaging in a meaningful dialogue with the creators of GPL, Linus chooses to abuse them, and ignores their continued noble efforts. Thereby becoming the perfect example of a hypocrite.

    Options: The following flags may be used with hypocrisy, or hypocrite:

    -t tivo: The act of using the fruits of other's efforts, but acting against the spirit and intent of the creators.

    -w windows: Calling the customer's desktop "My Computer", without actually providing ownership of the software for which customer has paid money. This option is deprecated with the "-v vista" option.

    -l linus: The act of lecturing others while not believing them oneself or practising said virtu... ATZ - No carrier.

    --
    If you keep throwing chairs, one day you'll break windows....
  125. Re:They're above board, not badguys. by bit01 · · Score: 2, Insightful

    Why shouldn't both hardware and software creators have the same privileges?

    Yes, and the software they distribute is in no way limited.

    Except for the freedom of being able to run a modified version on the hardware it came with. Taking freedom away from the owner.

    If you don't like it, take your business elsewhere.

    If TiVo doesn't like the software license they can take their business elsewhere. Their choice.

    Preventing "evil" by denying someone freedom who has done nothing wrong is evil.

    You're a zealot. GPLv3 is merely fighting fire with fire.

    ---

    Open source software is everything that closed source software is. Plus the source is available.

  126. Re:Public Domain, if you REALLY care about FREE !! by _Sprocket_ · · Score: 1

    You misspelled abandoned as "free".

  127. Damn!-Group Hug! by Anonymous Coward · · Score: 1, Informative
  128. Re:Linus Torvalds and RMS have different perspecti by anwyn · · Score: 1

    So... why is there no BSD/Windows hybrid?? Its not like existence of Linux would stop that?
    The dominance of Linux has reduced the importance of BSD to Microsoft. If BSD had Linux's dominant position, Microsoft would have wanted to co-opt it. As it is, BSD is not important enough to co-opt.
  129. Re:Fork? Spoon? Knife? by _Sprocket_ · · Score: 1

    "BSD and similar believe you can even make it non-free."

    Someone stop me before I download non-free code! You might make a better point by linking to code that's been modified and used in proprietary software. But then - you probably can't. And that's the point.
  130. Re:They're above board, not badguys. by KarmaMB84 · · Score: 1

    If I'm not mistaken, you have to choose to buy a Tivo. If you buy one knowing it has that limitation, then you chose to give up that "freedom".

    I think NOT requiring signed binaries on a consumer box would be insane.

  131. forgot I was in HTML mode - sorry about block text by Tran · · Score: 1

    (n/t)

  132. The hardware does not have to be Free by Repossessed · · Score: 1

    If it did, we'd be in trouble, because both Intel and AMD have patent's on their processors.

    Rather, they simply require that let the user do as they please with the software. (And only the software, you're free to disallow the user from modding the hardware, or even other parts of the sftware that aren't under the GPL).

    It would, for example, be perfectly allowed to DRM the heck out of a file server black box, as long as you made it so that the DRM ignores Samba, and lets the *end user* mod that.

    As soon as Tivo hands me a bill of sale, it is not theirs anymore, it is mine, not Tivo's. I do think that the GPLv3 should have a exception clause that lets people use modded code on DRMed hardware internally though. If Tivo/motorola/apple wants to hamper themselves (or use it as a security feature, DRM seems to some interesting applications that way), there should be no restriction on that.

    --
    Liberte, Egalite, Fraternite (TM)
  133. Viral by Per+Abrahamsen · · Score: 4, Insightful

    > Sure, the GPL is viral. I don't think anyone really denies that.

    I do. The "GPL is viral" meme was invented by GPL-haters as a replacement for real arguments, and spread by trolls and useful idiots.

    The GPL encourages people to volunteer their own software under similar terms, by offering them something valuable in return. A virus (biological or computer) is extremely poor analogy for that, except for the strong negative connotations. Which is the only reason it was invented.

    1. Re:Viral by renoX · · Score: 1

      Can you chose to be infected by a real virus or not?

      No, you can't (well you can try to protect yourself, but it's not a choice), OTOH for GPL code, you have the choice to use it or not.

      So it's a really poor analogy.

  134. INFLAMATORY ARTICLES ARE ALWAYS THE BEST. by MrCopilot · · Score: 1
    This article is overblown to say the least. Linus' actual arguements in this area are, as always, well thought out, and pragmatic.

    His basic argument hinges on the FACT that it is his choice to continue to use GPL v2. Saying otherwise that he "should" use GPL3 in the name of "freedom" is hypocritical. Agreed.

    I personally choose GPLv3 for my future code but I am "free" to "chose" what I believe to be the best license, and so is He.

    Worst I can say about Linus remarks are. Maybe words like "Hypocritical Morons" are unhelpful. But again it is clearly an opinion (He did state it as a fact).

    Far worse is the Slashdot headline stating "Linux creator calls GPL Authors Hypocrites" Completely untrue.

    Made me click though.

    --
    OSGGFG - Open Source Gamers Guide to Free Games
  135. Re:Who cares? by calidoscope · · Score: 1

    Oh, and you forgot to call it GNU/Solaris.


    There's not a heck of a lot of GNU in OpenSolaris - most of the stuff needed to bring up the OS (e.g. compilers) was developed by Sun or other System V contributors - unlike Linux that needed the GNU userland.
    --
    A Shadeless room is a brighter room.
  136. get a grip, Linus by nanosquid · · Score: 1

    Only religious fanatics and totalitarian states equate 'morality' with 'legality,

    The GPL v3 is a license, not a law. You aren't forced to use GPL v3 software, you do so voluntarily. If you don't like the license, don't use it or software that ships under it. Therefore, talking about "totalitarianism" and "legality" is factually wrong: those terms simply don't apply to the GPL.

    As for the relationship between morality and legality, you're a bit out of touch with reality. For better or for worse, morality is a guiding principle of a lot of legislation in every Western democracy. You may prefer a totally utilitarian approach to legislation (and I may too, for that matter), but that's not the way real life works. So, even your erroneous objection is baseless.

    And the GPL v3 itself, well, Stallman may talk about "morality", but the license itself is about economics: it prevents people from taking free software without giving back to the community. And in order to achieve that, it contains a number of pragmatic updates to the GPL v2. To me, the fact that the Linux kernel does not enjoy the additional legal protection of the GPL v3 constitutes a significant legal risk. And that's not religion, that's business.

    1. Re:get a grip, Linus by petrus4 · · Score: 1

      You aren't forced to use GPL v3 software, you do so voluntarily.

      That's true now, yes...and seeing as it looks as though any real opportunity that Linux might have had for becoming the dominant operating system has passed, it's likely to stay true now, also. If Linux had become the dominant OS however, then if you wanted to use a computer at all, the above might not have stayed true.

  137. Re:Only religious fanatics and totalitarian states by Joren · · Score: 1
    No he's not making DRM moonshine on the side; just look at the actual context. The article blew it way out of proportion. Of course, even with this quote you're still better off just going to the URL and seeing the argument he was responding to.

    The GPLv3 can never do that. Quite fundamentally, whenever you extend the "reach" of a license past just the derived work, you will *always* get into a situation where people who designed two different things get into a conflict when they meet. The GPLv2 simply avoids the conflict entirely, and has no problem at all with the "Do unto others as you would have them do unto you". In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do. I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I'm their legal guardian), but the point is that this is not about "legality", this is about "morality". The GPLv3 doesn't match what I think is morally where I want to be. I think it *is* ok to control peoples hardware. I do it myself.
    OtOH, I don't think GPLv3 actually prevents Linus from controlling his computer in the way that he is describing here...the key is, the owner can do what they want, not the user, hence the whole voting machine FAQ on the GNU site...am I right?
    --
    -- Joren
  138. don't spread FUD by nanosquid · · Score: 1

    GPL version 2 had no restrictions on what hardware was required upon which to run the software.

    Neither does GPL v3. You can run it on your patented, stolen hardware all you like.

    Where the GPL v3 imposes conditions is when you distribute hardware with GPL v3 software, or when you offer services based on GPL v3 software. Those conditions are quite analogous to the GPL v2: when you do so, you must ensure that your users retain the ability to get the source code and modify it.

    Forcing people, corporations, or whomever to use freely available code in a certain way is contradictory to freedom.

    People can use GPL v3 code in any way they like; the GPL v3 simply requires them to extend the same rights to their users of the software.

  139. "viral GPL" b.s. by nanosquid · · Score: 1

    Sure, the GPL is viral. I don't think anyone really denies that.

    The GPL isn't "viral"; it doesn't "infect" code or spread. All it does is ensure that derivative works of the software fall under the same license as the software itself. That's the same scope most commercial licenses have: they tell you what you can and cannot do with derivative works. The difference is that the GPL lets you do more with derivative works than, say, Windows or OS X.

  140. Some of us don't want voting software. by Joseph_Daniel_Zukige · · Score: 1

    What does that fact do to your theory?

    Not to mention, as has already been pointed out, if software must run on voting machines, the question of who is receiving the software is the key. Unless we are talking about some crazy who wants to send citizens voting applets over the internet, receiving the code is not part of the process of voting on such a machine.

  141. Re:In case you're not a troll here's why you're wr by Ohreally_factor · · Score: 2, Interesting

    PS: sorry, but Linus is being a wanker on this issue. No, not really. You should actually try to read the thread in question on LKML. Given the context of ceaseless hounding by a FSFer in the thread, Linus eventually became rather short with him. He'd suffered the foolishness long enough.

    9-15 June
    16-20 June

    That's the meat of it, although the thread continues until it's just one FSFer talking to himself on 1 July.

    I used to believe in the reputation that Linus was short tempered (and maybe he is), but you really need to read the whole thread to see what sort of dumbasses he has to put up with.
    --
    It's not offtopic, dumbass. It's orthogonal.
  142. It's a good thing.... by crazyvas · · Score: 1

    ...that they used the phrase "Linux creator" in the title. The whole thread would've been lost on me if they hadn't, because I'd have never recognized the name "Torvalds".

  143. Cellphones and Mobiles Clash with GPLv3 by thaig · · Score: 1

    Aberrant phone behavior can damage an operator's network. The low-level software and hardware that controls phone behavior is locked down to the best of the manufacturer's ability to prevent malicious or buggy software from causing denial of service. DRM-like mechanisms are used to sign software to give it privileges and some privileges are considered so sensitive that they will never be given to the ordinary phone customer who asks for them.

    This simply won't change, so GPLv3 software will miss out on a big market. Linux with GPLv3 would miss out on a market that is far, far bigger than the PC one (at least in terms of numbers).

    Stallman and his crowd are stuck in a computer-centric point of view and the world is moving on.

    --
    This is all just my personal opinion.
  144. DRM is it all bad? by TheNetAvenger · · Score: 1

    Ok, one common theme here being argued is in regard to the DRM issues with v3.

    I tend to agree with Linus and others that benefit from the OSS world that all DRM is not bad, and by restricting its use when needed is arrogant and foolish.

    DRM actually creates new markets and new products along with new distribution models for existing products.

    Sure there are evils of DRM, but they are not the 'norm'. And even in the context of audio where it has been used in an evil fashion, you can also find examples of companies that use it responsibly to create a new market. Look at audible.com, does anyone honestly think that authors would allow audio downloads of their books if it wasn't protected? Audible.com and the market it has created for online books didn't exist before audible.com and now is a credible market place for authors. And yet DRM with Audible is used fairly light and responsibly.

    So can we just be so stupid to assume that the GPL is right with v3? Honestly to dictate what I can and cannnot do based on what they think is right is the exact OPPOSITE of what OSS was all about, and what the GPL was supposed to protect and now tries to dictate.

    So sure I agree a lot of DRM issues are bad, but there are viable business models that could be created out of good DRM concepts, and by limiting any OSS developers from moving into these models is downright going to hurt OSS and put off more people that it will drive people to OSS.

  145. Re:Fork? Spoon? Knife? by _Sprocket_ · · Score: 1

    Oh I can't huh?

    "And that's the point."

    Information wants to be free. Cute. Sure - you can find some entities who will play nice and opt to release BSD code changes. Kudos to them. But that doesn't mean all (or even many) of them will. For example, we know Microsoft uses Open Source code in some products. Their SFU product uses both GPL and BSD code. You can download the GPL code they've used - not the BSD code. And again, shenanigans with phrases and links aside, that's the point. They've taken BSD code and made it "non-free".

  146. Re:Who cares? by Ohreally_factor · · Score: 1

    What a juicy analogy!

    Let's say I hear you make a speech. Afterwards, I tell a friend about it, interspersed with many snide comments. If your speech where licensed under the GPL, I'd have to write down everything you said and make it available.

    And if I wrote it in an undecipherable code, I'd be breaking the GPL 3.

    --
    It's not offtopic, dumbass. It's orthogonal.
  147. Re:They're above board, not badguys. by smoker2 · · Score: 1

    As I understand it, the whole reason RMS got into the GPL thing was because he wanted the freedom/ability to fix a buggy printer driver. What use would that freedom be, if the printer refused to acknowledge the commands because the code wasn't signed ?
    What is the point of Tivo releasing their code to the community, if, once modified, that code can no longer be used on the Tivo hardware ?
    If they wanted to lock the hardware down to running specific approved code only, then they shouldn't use GPL'd code in the first place. I can understand that they would not want to support modified code, but surely the hardware can report if there have been any third party modifications to the software, and thereby give them a get out clause to avoid responsibilty for damage/malfunction caused by such code.

    <Bad Analogy>
    Imagine if your car was running badly, so you adjusted the fuel/air mixture to correct a misfire, BUT the car then refused to run because the adjustment wasn't made by an approved technician.
    </Bad Analogy>

    Can you imagine the outcry if Dell, having sold machines preloaded with linux, used hardware signing to ensure that only their version of linux ran on it, and modifications were impossible ? What if there was a bug in the kernel that affected disk access ? You would have to wait for them to issue a patch before you could use your own hardware. How is that different from proprietary software now ?

    <Mr Anderson>I want my rights, I want my phone call !
    <Agent Smith>What use is a phone call, if you are unable to speak ?

  148. Morality=Legality at the FSF? by superm401 · · Score: 1

    It's foolish to say the FSF equates morality with legality. No one argues more strenuously that many legal licensing schemes are immoral.

  149. Linus Shrugs by Anonymous Coward · · Score: 1, Interesting

    What this is actually revealing, is that true freedom issues from the author's right (which is the moral base of copyright). To wit: under the *current* copyright regime, anyone who doesn't like the terms of GPL can simply define their own licensing terms. It is the author's right, as recognized by the legal structure of copyright, that makes that possible and gives it legal force; copyright is a "copy right", not a copy DUTY, and it can be waived by the author.

    Take away author's right -- as you do, as Stallman and his ilk would, given the chance, and as GPLv3 does more than ever -- and that option is gone. That's the nasty truth which socialists have been dodging since 1793 -- liberty is an attribute and a social condition of the individual, and consists in his freedom to set his own terms, and to freely accept or reject the terms of others.

    No author's right, no copyright, and no GPL. No software at all, for the most part, for while your sort posture loudly about how glorious things would be without copyright, most authors would simply stop writing software, for there would be no point -- and those who do write it, probably won't bother to share it.

    1. Re:Linus Shrugs by Surt · · Score: 1

      Your theory is blatantly contradicted by the facts.
      Plenty of people create and share material without need or want of copyright. That would continue to be true in a no copyright world.
      Service and knowledge would become what is valued in that world. And yes, I do think that would be a great world to live in.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  150. And what about the US? by omfgnosis · · Score: 1

    "Only religious fanatics and totalitarian states equate morality with legality," Torvalds wrote.
    Despite the abundance of religious fanatics and the obsessive drive towards new definitions of totalitarian in the US, I'd say that the fact that this liberal democracy routinely equates the two demonstrates how erroneous the comment is. Furthermore, if your legislation is out of line with your morality, what the fuck business do you have legislating? Leave decision-making to, at the very least, those who believe what they're doing is right--even if they're religious fanatics and totalitarians.

    Not only would I prefer a passionate dictator to a cynical one, but I'd probably stand a better chance at unseating the former than the latter.
  151. Re:Nice job proving his point by Threni · · Score: 1

    > (IOW, "Hobson's Choice" isn't really a good reason for popularity, y'know?)

    Well, you could try to convince people that they're better off not using GPLv3 if you like...

  152. Re:They're above board, not badguys. by GbrDead · · Score: 1

    What TiVo restricted was running someone else's code on their HARDWARE.

    But once you buy it from them, it is no longer theirs. It becomes yours. And they are still limiting you.

  153. Re:In case you're not a troll here's why you're wr by mrchaotica · · Score: 1

    It's not about injecting morals, it's about FREEDOM FOR SOFTWARE.

    No, it's about freedom for USERS of software. A small difference, yet it's the crux of the argument. "Freedom for software" describes the BSD license better than it does the GPL, and would allow things like TiVo.

    --

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

  154. Re:What would Linus do with a trusted computing ma by jez9999 · · Score: 1

    However, it doesn't, because it only applies to a "User Product". "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."

    Yeah, and as far as I can tell, the only reason they added that clause was to try and placate Linus's whinging about it. It did, for about 5 seconds, but it seems like he's back again. I hope they remove it so that the clause applies to all hardware as before. If Linus doesn't like it, he's just gonna have to be left behind, because it seems quite reasonable to me. The GPL is about the freedom to hack software, not to do what-the-hell-you-want with software. Big difference.

  155. Re:They're above board, not badguys. by LuSiDe · · Score: 1

    Preventing "evil" by denying someone freedom who has done nothing wrong is evil.
    Then why not release your code under the BSD license instead of GPL license? After all, why would you deny someone freedom who has done nothing wrong? The GPLv2 w/o "or later" prevents a specific, potential evil insighted by mr. Torvalds.

    My point? Global quotes such as yours applied to specific situations make no sense. They can be easily reversed.

    It's a business decision. If you don't like it, take your business elsewhere.
    I agree. If you don't like the GPLv3 don't use software released under it. Such arguments are also difficult because they're not always practical, or the aim to perfect a situation is too high.
    --
    WE DON'T NEED NO BLOG CONTROL.
  156. so.. by RichiH · · Score: 1

    ..what about the Belgians?

  157. Its not that simple by Peaker · · Score: 2, Insightful
    If you abolish copyrights, Microsoft's business model collapses.

    Microsoft may become a hardware company, in which case they have an incentive to use the opensource software. In such a case they may close the software - but they have little incentive to. Anyone will be allowed to redistribute their software and create compatible hardware.
    Not only that, but competing hardware companies that do open their source will be more successful than Microsoft at developing software, because they will get contributions back from the community.

    The conclusion is:
    • No software companies will remain in their current form. Some may sell software directly to requirement specfiers, akin to today's "in-house" software. They will not become huge monopolies.
    • Those that do distribute closed-source software will have no way to make a profit from such software, and thus no incentive to close it.
    • Those that do distribute closed-source software will be unable to compete with those that distribute open-source software, and get enhancements back from the community.
    1. Re:Its not that simple by DaveAtFraud · · Score: 1

      How many game consoles are open? Abolish copyright and companies like Microsoft will just market closed computers akin to gaming consoles. They will abscond with any open code they like but will have no incentive to give back to the open source community. This business model already works with gaming consoles.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    2. Re:Its not that simple by MBGMorden · · Score: 1

      How many game consoles can't be hacked to play copied games? A closed system doesn't remain closed when there are no copyright laws to stop people from tinkering with the hardware.

      Bottom line: software companies would exist in a no-copyright world, but they would be "service" industries, not "product" industries. You got a need for a custom application that doesn't exist? Contact either Microsoft or Joe-bob's Software Company. They'll bid on and can create your software much as a firm would construct a building when needed. When they're done you may purchase support/maintenance from them if you like, but the software has been created, and you can keep using it. If you want to give it to another person you can do that.

      That is the way a no copyright world would work. Utility type IP would become a custom service industry. Entertainment type IP would shift over to a live performance or commission based industry.

      Either way, programmers still program, painters still paint, musicians still sing, it's just that like the rest of us, if they want to be paid for it they have to actually work every day, not just work to produce one thing and expect to get paid indefinitely for the same thing over and over again.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    3. Re:Its not that simple by Peaker · · Score: 1

      Huh?

      Software for gaming consoles is protected by copyright and must be bought. Very much an incentive to close it.

      Why would it remain closed if everyone can copy that software, and closed-source software makers have no financial advantage over their open-source competitors?

    4. Re:Its not that simple by jythie · · Score: 1

      You forget the next step.. open source software dies because any programmer who isn't doing web-work or in-house development for a company that only has software as a side effect finds themselves out of a job.

      In other words, the 'community' no longer has the leisure time to develop stuff like this.

    5. Re:Its not that simple by Peaker · · Score: 1

      As long as software is needed by the market, it will be created by it.

      Without copyrights, the incentive to make it closed will go away, so simply more opensource programmers will be paid to do opensource work.

      This phenomena already exists. Not all opensource developers depend on closed-source for income, and the many who do would not depend on it if copyrights were abolished.

    6. Re:Its not that simple by jythie · · Score: 1

      True, while there is a need someone will be willing to fill it for the right price.

      But I am not sure that taking the incentive for closed source away will create paid open source possitions. It is true that not all open source developers depend on closed-source income, but those cases usually still depend on selling _something_, usually a service or customization. Which again returns to in-house or web-style work. So they get their money via other companies that are doing something not directly software related.

      The current ecosystem/model supports both closed and open development because there is room for both. Open source is not really the best way to fill the needs that closed software does and we would be a much less rich and varied environment without them.

      Oh, and the game industry would be wiped out pretty quickly to say the least (that is the perspective I am coming from personally... embedded game products, including a tournament system that could not exist if it was open source, period)

    7. Re:Its not that simple by zoryn · · Score: 1

      Those that do distribute closed-source software will be unable to compete with those that distribute open-source software, and get enhancements back from the community. If there are no copyrights, what stops them from getting the enhancements from the open-source software, and thus, the community?
      --
      In theory, there's no difference between theory and practice. In practice, there always is.
    8. Re:Its not that simple by Peaker · · Score: 1

      Nobody, but how can the community improve on their work?

      The community can improve on the open projects work.

      If the closed-source one just maintains a fork, then they are at a disadvantage, relatively to the opensource projects which have to put in less effort.

      And what incentive would they have to keep it closed, anyhow?

    9. Re:Its not that simple by zoryn · · Score: 1

      Well, I'm pro-open-source too, but if, in your view, the community can improve open-source projects, and closed-source authors can steal those improvements at will, while making other improvements and keeping them secret, it seems to me that it's open-source that would be at a disadvantage. Yes, open-source projects would enjoy contributions by the community, but closed-source ones would enjoy both the community (through stolen ideas and code) AND proprietary software developers' contributions. Looks like a disadvantage to me...

      --
      In theory, there's no difference between theory and practice. In practice, there always is.
    10. Re:Its not that simple by Peaker · · Score: 1

      Its not easy to take modifications into a forked tree. Especially if the differences are significant.

      They have to merge in every trivial piece of work.

  158. How uncreative. by Peaker · · Score: 1
    Of course some goal, at some point, will be arbitrary.

    Morals, though, are not that arbitrary goal, but an intermediate set of goals, serving as a means for the arbitrary goal.

    The arbitrary goal, in this case is one of a few (different people have different such goals):
    • Maximizing personal happiness
    • Maximizing humans' happiness
    • Maximizing all living creatures happiness, with more emphasis on animals closer to humans (Vegeterians hold these morals).
    So, the question if something is right/good or wrong/bad, is simply a question of whether it helps achieve the ultimate, arbitrary goal.

    In the case of RMS, he believes that to maximize humans' happiness, one needs to make sure those humans that use software have those freedoms. By creating a license that helps achieve that goal, he is acting in accordance with these morals.
    1. Re:How uncreative. by Attila+Dimedici · · Score: 1

      So if someone's arbitrary goal was maximizing human misery, then actions that furthered that goal would good for them? By your definition, the perpetrators of the Holocaust were acting morally, since one of their ultimate goals was the extermination of the Jews. So muslim terrorists whose ultimate goal is that everyone alive believe as they do are behaving morally by killing anyone who does not believe as they do? "The arbitrary goal, in this case is one of a few (different people have different such goals): * Maximizing personal happiness * Maximizing humans' happiness * Maximizing all living creatures happiness, with more emphasis on animals closer to humans (Vegeterians hold these morals)." What makes these goals better than others?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:How uncreative. by Peaker · · Score: 1

      So if someone's arbitrary goal was maximizing human misery, then actions that furthered that goal would good for them?

      Yes. That would be their moral set, and it would be inconsistent with most everyone else.

      By your definition, the perpetrators of the Holocaust were acting morally, since one of their ultimate goals was the extermination of the Jews.

      Again, by their set of morals, yes. Their set of morals contradicted that of most of the rest of the world - which was good enough reason to go to war with them.

      So muslim terrorists whose ultimate goal is that everyone alive believe as they do are behaving morally by killing anyone who does not believe as they do?

      Again, their morals contradict ours - and we should thus fight them until they don't. (They don't have to have the same morals, just not contradict ours).

      "The arbitrary goal, in this case is one of a few (different people have different such goals): * Maximizing personal happiness * Maximizing humans' happiness * Maximizing all living creatures happiness, with more emphasis on animals closer to humans (Vegeterians hold these morals)." What makes these goals better than others?

      The fact that I (or most of us, doesn't matter) hold them and am willing to fight for them.
      Its of course arbitrary and subjective. It doesn't make it less important, because importance itself is subjective.
    3. Re:How uncreative. by Attila+Dimedici · · Score: 1

      So, what you are saying is that might makes right.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    4. Re:How uncreative. by Peaker · · Score: 1

      I am saying that morals are subjective, and yet that that doesn't make them unimportant.

      According to my morals, it is clear who is right, and that is not always who is stronger.
      According to someone else, other people are right.

      People like to believe in absolute morals, but its silly. Morals stem from the arbitrary goals we define.

    5. Re:How uncreative. by Attila+Dimedici · · Score: 1

      If morals are not absolute, what relevance do your morals have to me? If my morals conflict with yours, we can both be equally moral. That means that saying that someone is moral, means nothing. When you use the word morals, you are using a different word than when I use the word morals. They have the same pronunciation. They have the same spelling, but we are saying different things.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    6. Re:How uncreative. by Peaker · · Score: 1

      There is no meaning to the world "morals" out of context.

      If we have different goals, then our moral systems will be different. If they coincide in the important things, there's no problem. But if they conflict in them, then I might have to fight you to preserve my goals.

      I don't see what the problem is, or why people think that morals have anything "absolute" about them.

    7. Re:How uncreative. by Attila+Dimedici · · Score: 1

      "I don't see what the problem is, or why people think that morals have anything "absolute" about them." I'm sorry.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  159. Re:They're above board, not badguys. by mrchaotica · · Score: 1

    <Mr Anderson>I want my rights, I want my phone call !
    <Agent Smith>What use is a phone call, if you are unable to speak ?

    Thanks; you just made me a new sig!

    (However, if you want to use it instead, I'll be happy to put back my old one: "DRM 'manages access' in the same way that jail 'manages freedom.'")

    --

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

  160. he never said that .. by rs232 · · Score: 1
    "the authors of a new software license expected to be used by thousands of open source programmers are a bunch of hypocrites .."

    When alleged technical journalists have to resort to lies and distortions you begin to suspect their motives. In a long and involved response to another poster Torvalds actually said:

    > To call people who draw the line in a different place than you hypocrites is BS.

    That was *not* what I did.

    I don't think it's hypocritical to prefer the GPLv3. That's a fine choice, it's just not *mine*.

    What I called hypocritical was to do so in the name of "freedom", while you're at the same time trying to argue that I don't have the "freedom" to make my own choice.

    See? THAT is hypocritical.
    --
    davecb5620@gmail.com
  161. Re:Only religious fanatics and totalitarian states by the+not-troll · · Score: 1

    Yeah. What Linus actually is saying here is that he doesn't want the law to change, but rather that it stays as it is, because he seems to believe that, even tough he doesn't murder people, he shouldn't take from others the "freedom" to murder people. Or rather, he doesn't want people to tell others that they may not murder in their house and they should go elsewhere - after all, the GPL is just a license, not the law. Of course, if he does dislike the GPL so much, one has to ask why he didn't simply use BSD.

    Anyway, if laws were not to enforce what is ethically correct, what for would they be? Either they would be doing nothing, or they would be enforcing what is ethically wrong. Of course, one can have differing conceptions as to what is right and what is wrong, but those in any case serve as the basis to what is law, which is not so much about enforcement but rather codifying it to have a standard for society instead of letting have everyone his own, for otherwise people would do things, well, commonly held as being bad. Thus, one rather should address the ethical preconceptions at the foundation than just the fact that laws are individual ethics made into those of the whole society.

    --
    In Soviet Russia, government controls corporations.
    In Capitalist America, corporations control government.
  162. Re:Who cares? by short · · Score: 1
    > If it was good enough, Linus would roll it into his distribution.

    Unfortunately one of the community successes of the Linux kernel is based on Torvald's refusal of any sophisticated code. If he could not understand it most probably 90% of the Linux kernel community also would not understand it. It would make the learning curve for the community developers too steep.

    You get more code running by 99% of unqualified developers than with 1% of the qualified ones, also due to the fact those 99% of them enjoys it as they are still learning it.

  163. EGOs only EGOs by 12357bd · · Score: 1

    After read the context, all I see is just childist EGO fights

    The whole law/moral discussion is pathetic (Law is just coded morality). That's the faiblest point of open source, egotical/inmadure behaviour.

    --
    What's in a sig?
  164. Linus gets press from painting RMS as a fanatic... by borgheron · · Score: 1

    Linus gets a big boost from calling RMS a fanatic... quite frankly I'm not sure if he does it because he actually believes it or because fomenting dissent within the community makes him more popular.

    Honestly, I find the infighting between RMS and Linus to be boring and beneath notice. If Linus wants to continue to expose the Linux kernel to the legal risks caused by the flaws in GPLv2, then that is entirely up to him. I, however, am free to switch to another open source OS, like the upcoming Open Solaris or, indeed, help with one which will be GPLv3, namely... GNU-Hurd.

    Linus needs to seriously get a grip and stop believing his own press.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  165. Ha ha by bonefry · · Score: 1

    You can never tell a person: "I am forcing you to use your liberties! You are legally required to go out and protest!" The best you can ever do is provide them with the opportunity to protest, and hope that they choose to use their liberties soundly. Exactly, and nobody is forcing you to use GPL ver.3 software either.

    If we allow people to use a firearm, we bestow upon them rights. If we require them to use firearms or purchase them, it is not a right, but a requirement. Requirements on the usage of freedom make something inherent un-free. Nobody is forced (or restricted) to use GPL software in a certain way or for certain purposes.
    The restrictions only apply to redistribution of said software with or without modifications.

    If we allow people to use a firearm, we bestow upon them rights. If we require them to use firearms or purchase them, it is not a right, but a requirement. Requirements on the usage of freedom make something inherent un-free. It really depends on who you are talking about ... gun owners (i.e. end-users) versus weapon factories (i.e. software/hardware distributors).

    Your analogy stinks as bad as your understanding of the GPL.
  166. No copyright != Available source by G+Morgan · · Score: 1

    Just abolishing copyright would not be enough. Even without it there is nothing to compel somebody to release source code. Just becomes a trade secret then.

    1. Re:No copyright != Available source by Znork · · Score: 1

      I'd expect a rather extensive advancement in decompilation techniques.

      In the end, the extra costs (code obfuscation, merge difficulties, non-standaradization, etc) carried by proprietary vendors attempting to de-commoditize the code would put them at a constant competetive disadvantage against the non-proprietary industry.

      As a first step, it would certainly go quite far.

  167. Re:In the spirit of the decentralized nature of OS by VGPowerlord · · Score: 1

    I have a better idea, lets go back in time and retroactively erase all FOSS ideas originally promoted by one person.

    Off I go!

    OK, I'm back... but what is this "FOSS" we were talking about? Is that anything like BSD? I'm excited though, this year could be the year of BSD on the desktop!

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  168. Proprietary software gets you new features QUICKER by NDPTAL85 · · Score: 1

    No I wasn't trolling. I was being 100% honest. I run 3 OS's, Mac OS X, Windows XP and Kubuntu Linux. No matter what GUI I pick to use on Linux it just doesn't match up to the other two. KDE and GNome are both pure crap. The ONLY thing you get from them is "software freedom" but you know that and $0.99 will buy me a hamburger at McDonalds.

    The most important thing here is when I was a kid I was interested in technology for the TECHNOLOGY. I wanted the latest and the greatest and you know what? I STILL do. Never has software freedom factored into that. It may have more than a bit to do with the fact that most open source software isn't innovative but is instead merely trying to copy and replicate functionality that already exists in a proprietary form. For example did open source come up with multi-touch? Has it come up with Time Machine? What about iPhoto? Has open source come up things like Expose and the Dock or Fast User Switching? Bleh. If you want software freedom you pick open source. If you want new and exciting features as soon as they come out then you go proprietary.

    We all only have a limited amount of time on this earth and I don't want to spend it waiting years for open source equivalents to catch up to whats already available in the proprietary world. I work and expect to be paid so I don't have a problem with programmers who expect to be paid so I don't have the religious hatred of proprietary software that RMS and folks who follow him have. In return for my money I get the new stuff NOW. You on the other hand have to wait.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  169. Re:Come on, Sun! by anilg · · Score: 1

    You actually made a good point, but I don't understand why you did it AC. OpenSolaris is a great kernal, with amazing technologies, cleaner code, and better debugging support, very stable ABI interface. The only big hole right now in its adoption is the lesser number of device drivers.

    That is changing too with folks like OSS coming forward and providing their drivers into OpenSolaris.

    Also, I don't understand why you're waiting for Solaris to go gplv3. CDDL is basically GPL-the viral clause.

    Holding back participating, due to the this viral clause, has never made sense to me.

    --
    http://dilemma.gulecha.org - My philospohical short film.
  170. Re:Linus Torvalds and RMS have different perspecti by VGPowerlord · · Score: 1

    If the BSDI USL lawsuit had not delayed the BSD project there would have been no Linux. Linus would have joined one of the BSD projects as just another BSD hacker. One of the BSDs would have become the dominant free software OS.

    I believe that if this had happened, Microsoft would have destroyed BSD's commercial chances using "embrace and extend". They would have created a BSD/Windows hybrid that would have duplicated BSD's API. This would have happened because BSD lacks the GPL's so called "viral clause" that prevents embrace and extend. The existence of this hybrid would have been used by Microsoft to prevent the suits from even considering a move to free software.

    Of course, this is completely overlooking that Microsoft has had a UNIX license for decades because of Xenix. If Wikipedia is correct, Miscrosoft did borrow code from BSD for Xenix. Of course, that statement isn't sourced...
    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  171. Torvalds is being obtuse.... by $1uck · · Score: 1

    in the name of freedom, while you're at the same time trying to argue that I don't have the 'freedom' to make my own choice" are "hypocritical."
    Had to read the whole article to see how Linus is calling the FSF hypocrites. Obviously the FSF is more concerned about the freedom of the end users than the freedom of the Developers. I could just as easily call Linus a hypocrite, b/c if he was so concerned about freedom he wouldn't be using GPL but would instead be using BSD. His comment about equating morality with legality is also rather rediculous... where does he think all laws come from? They're not randomly generated. The same guiding forces that create one's morals/ethics are then used to create laws. The laws of a society tend to be an amalgam of the ethics/morals of those in charge. How else could it be?

  172. Not hypocritical by SavvyPlayer · · Score: 1

    "One major danger that GPLv3 will block is tivoization. Tivoization means computers (called "appliances") contain GPL-covered software that you can't change, because the appliance shuts down if it detects modified software. The usual motive for tivoization is that the software has features the manufacturer thinks lots of people won't like. The manufacturers of these computers take advantage of the freedom that free software provides, but they don't let you do likewise."

    http://www.gnu.org/licenses/rms-why-gplv3.html

    The mission of the FSF is to enrich the way users interact with the software they use via the guarantee of "Four" principle Freedoms that not only underpin but inspire a global community of F/OSS software developers and users, a large proportion of whom would never have chosen to participate or contribute without this guarantee. Tivo found a clever way to bypass Freedom One and thus exploit this community via a clever application of DRM, saving itself millions of dollars in proprietary software development & licensing costs in the process. Revising the GPL to prevent further such abuses of this community is therefore not only a natural response but an obligation of the FSF as understood by its constituency.

    Linus may be brilliant but he simply misunderstands this, and he would be delusional to think his operating system could have achieved the momentum it has under any subset of these four freedoms.

  173. Re:Who cares? by rbanffy · · Score: 1

    BSD-type licenses would have never created the fertile ground where Red Hat, Novell, Mandriva and Canonical now thrive.

    If you can remember the balkanization of the Unix OS, it's quite obvious each BSD vendor would have made their modifications and kept them for themselves, creating a bunch of increasingly incompatible operating systems and kernels not unlike what existed before the GPL-powered Linux ecosystem. The GPL is what ties them together and what makes egoistical corporations cooperate in a civilized fashion.

  174. Re:Who cares? by rbanffy · · Score: 1

    "No one is switching to Solaris, because Solaris is dying, if not dead already. The only reason why Sun has opened it up is because they're desperate. Their expensive hardware has been replaced with commodity components, and their expensive OS has been replaced with one that costs nothing to aquire, Linux"

    I am not sure how you got that impression, but Solaris is still a very interesting choice in operating systems. ZFS is amazing and it handles heavy loads much, much better than Linux does. And, in case you haven't noticed, Sun sells both SPARC and x86 systems these days and the Niagara-based servers are incredibly effective in several throughput scenarios.

    "You conclusion doesn't follow, since both BSD and GPL provide efficiency by leveraging the Bazaar as ESR called it."

    Right. That's why there is so much going on in BSD-based systems and so little going around GPL-based ones. BSD creates a perverse incentive for corporations to take someone's code and run (Microsoft, remember?) while GPL does not allow that. Don't get confused about how good the hearts of Red Hat and Novell are - they are not. They are only kept honest _because_ of GPL.

    "Yeah, and RMS writes 1500 LOCs a day."

    I gather that, as a true LISP hacker, RMS can achieve much more per LOC than Linus ever will. ;-)

    "Isn't that all RMS does? And even more to the point, what you're doing?"

    Personal attacks won't bring us a healthy discussion.

    "Now run along and file your bug report against the Linux kernel for using bitkeeper"

    They run Git now. Oh... And, BTW, Git is GPL.

  175. Re:Only religious fanatics and totalitarian states by demented · · Score: 1

    "Only religious fanatics and totalitarian states equate 'morality' with 'legality,' "

    Every legal system enforces ideas of morality. Why is murder wrong? Why do countries restrict hate speech? Why can't you have sex with your sister? These are all moral concepts enforced through legality.

    You're right, but these examples actually refer to moral consensus, a set of moral principles shared by majority. What Linus referred to was moral principles of the individual, enforced to the majority in the form of a law by that same powerful individual.

    Maybe Linus is having a bad day. And what exactly does he mean by:

    "I think it is okay to control people's hardware, I do it myself"

    Does Linus sell have a sideline selling PCs? And he uses some DRM to stop users modifying the software he supplies? What?

    The article is bad for not referring to the actual Linus' post on LKML. In that post Linus was talking about putting Linux on his kids computers and prohibiting them (the kids, a.k.a users) to update the software on their own. He says that, as a legal guardian of his kids, he has the right to do so, and that he effectively controls the hardware.

  176. Linus missed by ripragged · · Score: 1

    The FSF may be hypocritical, but that gives them more intellectual credit than they're due. They've mentally walled off software as an island of communism. That's very nice and pretty and all, but the hive mentality cannot succeed surrounded by the world of tech. The world of tech is antithetical to the hive utopia. Tech is a young free market like gold-mining in the 1800s and oil wildcatting in the 1900s. As long as the FSF's vision is nice and pretty and makes everybody want to hold hands and sing Kumbaya around the campfire, it will be tolerated. As they start costing real businesses significant amounts of money, they will become more and more marginalized. If they accept marginalization well enough, they may not be crushed like a bug.

    --
    In theory there is no difference between theory and practice. In practice there is.
  177. Re:Who cares? by wrook · · Score: 1

    I may be in the wrong here, but to work on a Free and open project like the Hurd, it may be better to put forth the names of those within who may be doing more harm than good. Who was that individual, if I may ask?


    I seriously thought about posting the name, but I decided against it. I realized that after 15 years I still was carrying a grudge, and that's not good. Second, I don't believe the person is working on the Hurd any longer. But if you really want to know, it's not hard to find out. The person in question was rather infamous for being abrupt with people. I think it's past time for me to let it go and to just assume that the person had poor people skills.

  178. Re:Only religious fanatics and totalitarian states by vininim · · Score: 1

    Does Linus sell have a sideline selling PCs? And he uses some DRM to stop users modifying the software he supplies? What? From http://lkml.org/lkml/2007/6/20/223/:

    In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do. I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I'm their legal guardian), but the point is that this is not about "legality", this is about "morality". The GPLv3 doesn't match what I think is morally where I want to be. I think it *is* ok to control peoples hardware. I do it myself.

    If you ask me, that is complete bullshit. In the specific case, Linus is not conveying software to his children. Not even in a TiVo way: the computer end up being his. He can take it away if the kids don't want to do homework, or brush teeth. It ends up being private use, wich GPLv3 permits him to do whatever he wants.

    Reading that makes me feel that either he doesn't understand the license or is using subtle falacies to pursuit an agenda(hello mister obvious).

  179. Wrong and Wrong by Dawn+Keyhotie · · Score: 1

    When people make statements that are obviously wrong but stated politely, must we still be polite in return? Okay, I'll try.

            First, you are wrong when you state that one could take Tivo's code, modify it, and use the modified software on one's own hardware. When one purchases a Tivo DVR, that device now belongs to the purchaser, not to the seller, and not to the manufacturer. The DRM hardware prevents the new owner from running his choice of operating systems and applications on his own Tivo DVR device. Thus your first statement is obviously and flatly false.

            Now if Tivo were only leasing out their devices, the way the cable and satellite companies are currently doing, that would be a different story. In that case, the hardware would continue to be owned by the vendor, and only the vendor would be entitled to hack their devices. But Tivo is selling devices to the public, and the purchase should convey full rights to the new owner.

            Second, you are wrong when you state that software licensed under the GPL3 could not be used in voting machines. Since the election boards are not selling voting machines to individual voters, and since a voter does not own the voting machines in question (other than in the 'we the people' kind of way), the voters would not have the right to modify the software on the machines, nor would they be entitled to receive any modified source code or crypto keys needed to enable it. The local election board, or the state institution responsible for acquiring and maintaining the voting machines, would be the entity entitled to source code, crypto keys, and any other items necessary to make it possible to install and run modified software on the voting machines that they own. These rights would not convey to every Tom, Dick, and Harriet that walks in off the street to cast their ballot.

    So, as I said before, Wrong and Wrong. But thanks for trying!

    Cheers!

    P.S. And what's up with the '+5 Insightful' rating for the parent? Sheesh.

    --
    "The only good windmill is a tilted windmill."
    1. Re:Wrong and Wrong by weicco · · Score: 1

      First, you are wrong when you state that one could take Tivo's code, modify it, and use the modified software on one's own hardware. When one purchases a Tivo DVR, that device now belongs to the purchaser, not to the seller, and not to the manufacturer. The DRM hardware prevents the new owner from running his choice of operating systems and applications on his own Tivo DVR device. Thus your first statement is obviously and flatly false.

      Yes but that has nothing to do with GNU, Linux or GPL. Hardware wasn't GPL'd, just the code...

      --
      You don't know what you don't know.
    2. Re:Wrong and Wrong by CustomDesigned · · Score: 1
      Now if Tivo were only leasing out their devices, the way the cable and satellite companies are currently doing, that would be a different story. In that case, the hardware would continue to be owned by the vendor, and only the vendor would be entitled to hack their devices. But Tivo is selling devices to the public, and the purchase should convey full rights to the new owner.

      Thank you for being polite! As I mentioned on another comment, that is the key point. Tivo needs to rent, not sell, their locked down equipment. That makes everyone happy, including FSF, and they can use all the GPL3 software they want. It is dishonest to pretend to "sell" equipment that the seller still controls and the buyer doesn't.

    3. Re:Wrong and Wrong by DragonWriter · · Score: 1

      When people make statements that are obviously wrong but stated politely, must we still be polite in return?


      I don't know, do you think people should be polite to you or not?

      First, you are wrong when you state that one could take Tivo's code, modify it, and use the modified software on one's own hardware.


      No, this is completely true, and nothing you say "supporting" your argument that this is "wrong" even contradicts it, much less proves it wrong.

      When one purchases a Tivo DVR, that device now belongs to the purchaser, not to the seller, and not to the manufacturer.


      This is true, of course, but doesn't contradict the idea that you can take the code, modify it, and use the modified software on one's own hardware.

      The DRM hardware prevents the new owner from running his choice of operating systems and applications on his own Tivo DVR device.


      It also prevents people who are not the owner who get access to the device from running their choice of software on the Tivo DVR device. As the authors of the GPLv3 apparently recognized, the freedom to choose systems with this feature is important to some users. However, unfortunately, the GPLv3 authors decided that the freedom to include such a feature must be denied to consumers but preserved for business, with the preference for the former so strong that if a product has both consumer and business use, denying the freedom for consumers to select a product with such a feature overrides preserving the option for business.

      Second, you are wrong when you state that software licensed under the GPL3 could not be used in voting machines.


      That's possibly true, though the combination of the vague definition of "user product" in section 6 and the various terms that push all questionable or mixed cases into that category may create enough of a legal risk to prevent the use of such software in voting machines.

      The GPLv3, whether one approves of it or not, is a sharp departure in that it incorporates restrictions on product features, which the GPLv2 did not, and that it has terms (those same restrictions) which substantially vary in effect based on who a product is marketed to and what is marketed for, whereas the GPLv2 had the same substantial effect no matter who a product was targetted at or how it was to be used.

      Unlike the GPLv2, the GPLv3 is based, it appears from its substantive terms, not on the idea of a single, common set of "software freedoms", but on the idea that the FSF knows best which users ought to have which freedoms.

  180. Re:Who cares? by imsabbel · · Score: 1

    Yeah, good help us that linux actually has support for modern GPUs.
    I guess the world would be a better way if great mufti RMS would outlaw IP other than GPL and you could use your geforce only on windows and OSX.

    --
    HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
  181. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  182. Re:In the spirit of the decentralized nature of OS by imsabbel · · Score: 1

    I totally share your opinion of richard stallman.

    --
    HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
  183. Re:Proprietary software gets you new features QUIC by lordtoran · · Score: 1

    There are rumors that Steve Jobs is is possession of a reality distortion device. And I think you got an overdose.

    --
    Want to hear the voice of GOD? cat /boot/vmlinuz > /dev/dsp
  184. Re:Linus Torvalds and RMS have different perspecti by Just+Some+Guy · · Score: 1

    Linus' is more pragmatic. RMS is driven by his particular beliefs.

    That cracks me up. Let's try again in compsci terms: "Linus uses a greedy algorithm; RMS does not". Linus's method is fine when the best solution right now turns out to be OK in the long run, but produces decidedly suboptimal results when it ends up heading down a blind alley.

    For example, BitKeeper. Yes, people will argue that by using BitKeeper for a little while, kernel development advanced more than it would have otherwise. Alternatively, you could equally argue that it prevented a lot of people from getting involved who otherwise might have, and since its replacement ("git") was originally written in four days, it seems that it was a wholly unnecessary departure.

    Linus is a sharp guy, and his decisions usually make since - at least for the very near short term. In the long haul, though, I'd go with RMS every time. He simply has a much better track record at making accurate distant predictions. In my opinion, that makes RMS the more pragmatic of the two.

    --
    Dewey, what part of this looks like authorities should be involved?
  185. Re:In case you're not a troll here's why you're wr by schwaang · · Score: 1

    As a coder, I much prefer the share-alike concept behind the GPL to the give-away concept behind BSD. Apparently so do a lot of other people.

    But if TiVo wants to use BSD code instead of GPL code, they are free to make that choice.

  186. Re:Proprietary software gets you new features QUIC by NDPTAL85 · · Score: 1

    Its not just Apple. Oracle, Sun, IBM, Microsoft, Lotus, Novell.....etc have all come up with things that the open source world has only been able to copy. Replication not innovation is the modus operandi for Free Software.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  187. Richard Stalin by markitect · · Score: 1

    I have to completely side with Linus, and furthermore I think we should start referring to the party leader that made GPLv3 as Richard Stalin.

  188. Re:Who cares? by corvax · · Score: 1

    Maybe ian murdock left at just the right time? All the gnu tools ect and "linux" apps running
    on suns kernel base that would be gplv3. And maybe seeing debian move away from the linux kernel too to use suns gplv3 kernel instead. (if debain goes so does ubuntu????) Hey then we will have a zfs:)

  189. Re:Proprietary software gets you new features QUIC by OriginalArlen · · Score: 1

    The most important thing here is when I was a kid I was interested in technology for the TECHNOLOGY. I wanted the latest and the greatest and you know what? I STILL do. Never has software freedom factored into that.

    Great, I'm very happy for you, and your purpose for hanging around on Slashdot trolling threads about one Free software license vs another is what, exactly?

    --

    Everything I needed to know about life, I learnt from Blake's Seven
  190. You're kidding, right? by SanityInAnarchy · · Score: 1

    No problem, we can move to OpenSolaris just as we moved from XFree to Xorg.

    Yeah, that's like saying "If Microsoft locks down Vista too much, no problem, we can move to Linux, just as we moved from Win2k to WinXP."

    It may be a noble goal (and maybe not), but think about the sheer magnitude of what you're suggesting. Xorg was a fork of XFree, and note that none of the independent X projects (other than XFree) have ever managed to produce an X server that anyone uses. Even Apple's X11, I believe, uses XFree code.

    OpenSolaris, if it goes GPLv3, may not use any GPLv2 code which has the clause Linux's GPLv2 does (this version and no later). This means that every single driver that has ever been written for Linux must be rewritten, from scratch, for OpenSolaris. That's a fucking HUGE project, even if you got every single Linux kernel developer to cooperate -- and I'm guessing at least 90% of them would tell you to fuck off, and go back to hacking on Linux.

    It'd probably be far easier (again, if you can get enough people to cooperate) to simply send a mass-request to LKML for permission to release everyone's source as GPLv3, and slice out and rewrite only the parts for which you can't contact the original author, or the original author says "no". But the amount of time it would take to do that probably explains how little Linus understands GPLv3 -- he probably never really bothers, given that it just ain't gonna happen for Linux, no matter how good it is.

    --
    Don't thank God, thank a doctor!
    1. Re:You're kidding, right? by Charlotte · · Score: 1

      That's a fucking HUGE project

      Well, maybe "no problem" was understating the facts somewhat :). But the kernel is nice and contained: not many changes needed outside of glibc. The question then becomes what kind of hardware support OpenSolaris has right now and in the near or distant future...So yes, it is a huge practical problem and I'd prefer not to face it at all - but we have life boats ready.

      Something I was wondering about while reading your post: suppose Linus changes his mind and wants to go GPLv3 after all? In theory, won't he have to do the same thing? Since people have been contributing under "GPLv2 only" he won't be able to change the license to v3 either without going through the same procedure and asking all of them - right? It'd be interesting to see *that* unfold. Somehow I don't think he'd care much about the legal ramifications. The FSF does, which is why they put the phrase in there in the first place.

      Linus keeps talking about being just a technical guy and not caring too much about issues of morality. I wish he'd stop saying that, there's enough amorality around already.

    2. Re:You're kidding, right? by SanityInAnarchy · · Score: 1

      Something I was wondering about while reading your post: suppose Linus changes his mind and wants to go GPLv3 after all? In theory, won't he have to do the same thing?

      Well, yes and no. He would have to do enough that he doesn't really consider it an option, and I don't think anyone can blame him.

      Of course, he then goes and says nasty things about Stallman and the FSF to back up his decision, and he may even believe them. But I think it's really the practical problem that bothers him.

      Since people have been contributing under "GPLv2 only" he won't be able to change the license to v3 either without going through the same procedure and asking all of them - right?

      Basically, yes.

      The difference is, Linus is in a position that a lot of people would listen if he genuinely wanted to do that. Also, if he got a significant number of people on board, it would still be a HUGE project, but when you get down to it, he could get 90% approval and then rewrite the remaining 10%. I think that would be legal, anyway.

      Linus keeps talking about being just a technical guy and not caring too much about issues of morality.

      I think that part is nice, actually. It lets him avoid a lot of arguments that really would not be good for the community.

      But the problem is when he actually does turn that indifference into a moral judgment.

      --
      Don't thank God, thank a doctor!
  191. Rented equipment by CustomDesigned · · Score: 1
    Parent basically says software in a voting machine is never distributed, hence locking the hardware is not a problem.

    That is an excellent point. That also means that companies like Tivo can use GPLv3 software by simply changing their business model from *selling* DVRs to *renting* them. I have always suggested this for all kinds of DRM just for the sake of basic honesty. You can't actually "buy" DRMed media or hardware, since you never actually have control of it. You are only paying for the privilege of using it in the ways prescribed by the true owner. With any other type of product, this would be called a rental, not a sale.

    So I think I disagree with posters ranting about how "anti-corporate" GLP3 is. It just forces companies to tell the truth about their product - not to stop making it. There will always be a place for locked hardware. Voting machines and movie projectors at the theater do not allow you to modify them - but no one pretends you can buy them in the first place. You pay (cash or taxes) for the experience. "Buying" a HDVD player is like renting a low end projector for restricted use in your home, since it is controlled by the manufacturer. They shouldn't be allowed to call it a sale.

    Renting Tivos and HDVD players could also give the manufacturer additional legal protection. (IANAL.) With purchased media, defeating DRM for personal backups or format shifting is arguably fair use (as much as RIAA is working to change that). That is *not* the case for rented media or equipment. Any attempt to bypass the technical restrictions is clearly a breach of contract.

  192. Re:Proprietary software gets you new features QUIC by NDPTAL85 · · Score: 1

    To bring enlightenment to the unwashed masses.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  193. Read my sig! by SanityInAnarchy · · Score: 1

    I agree, and I've written a sig which, if people would read and understand, might end this whole debate right here.

    I don't restrict your freedom to do whatever you want, so long as it's not with my code.

    You want my code? You play by my rules.

    --
    Don't thank God, thank a doctor!
  194. Harvard ... by Russ+Nelson · · Score: 1

    Harvard, actually, not "MIT-trained".

    --
    Don't piss off The Angry Economist
  195. kernel and C library differ by Russ+Nelson · · Score: 1

    Why do you think the GPLv2-licensed kernel puts ANY RESTRICTIONS on GPLv3 licensed applications? There's no relationship between them.

    --
    Don't piss off The Angry Economist
  196. Inheritive is better by Russ+Nelson · · Score: 1

    "Inheritive" is a better term for GPL-class licenses. After all, everybody would like an inheritance, wouldn't they?

    --
    Don't piss off The Angry Economist
  197. Re:Who cares? by Russ+Nelson · · Score: 1

    Linus doesn't even write code anymore.

    You're correct. Git is the product of the Morris worm which, contrary to popular opinion, was never completely shut down. It has grown along with the Internet, and, being 19 years old now, has just finished its freshman year at MIT.

    --
    Don't piss off The Angry Economist
  198. The real hypocrite is Linus Torvalds by J.R.+Random · · Score: 1

    If Linus really believes that it's okay to take Linux kernel code and lock it down with DRM so that recipients, even with source, are unable to install their bug fixes or enhancements, then he should have used the BSD license from the start. To release code under GPL v2, and then whine about GPL v3, which has the same intent but merely closes a couple of loopholes and makes a few technical improvements, is certainly hypocritical.

    1. Re:The real hypocrite is Linus Torvalds by petrus4 · · Score: 1

      To release code under GPL v2, and then whine about GPL v3, which has the same intent but merely closes a couple of loopholes and makes a few technical improvements, is certainly hypocritical.

      Can you possibly elaborate on how that is all it does? I get the feeling that the reason why Linus is objecting is because he doesn't think that.

  199. GPL is good, but still viral by cbhacking · · Score: 2, Insightful

    Virus may have negative connotation, but it also has a definition that the GPL fits fairly well.

    If somebody created a biological virus that immunized people against AIDS by infecting skin cells, reproducing, entering the bloodstream and spreadying throughout the body until it reached the lymph nodes and other other relevant areas, then modifying the immune system to make it immune, would it be any less of a virus? Sure, people with this would be encouraged to spread it, it would be a good thing, but it still meets the definition of a virus. The GPL (but not the LGPL) behaves very much like this.

    In fact, the difference between GPL and LGPL is the viral clause. LGPL code must remain free and be distributed in source form with anything that contains it, but it can be comiled into proprietary modules. GPL code CANNOT! If I wrote a faster or safer or whatever version of printf and licensed it under the GPL, any source code using that method would need to be entirely licensed under the GPL! Insert one handy method, and it affects everything. Now imagine what it's like for things like LAME, one fo the best MP3 encoders available... and widely used even outside the free software world, because it is LGPL code and people don't need to make their entire ripping program or whatever open source just to use a really good free encoder.

    Please explain to me how you think the GPL is not viral? You're free to use an alternate term if you like, provided it is at least as accurate in terms of definition.

    I have no objection to the GPL (v2, I'm a bit less comfortable about v3) and in fact use it myself, but I'm thinking of switching to the LGPL because, while I would like more people to open their source code, as long as people keep MY code open and contribute back any and all changes they make to it, I don't really feel I should restrict what they do with the rest of their code even if it uses something I wrote.

    (Mind you, AFAIK nobody is using any of my code in anything like that anyhow, but that could change.)

    --
    There's no place I could be, since I've found Serenity...
  200. You missed the point by cbhacking · · Score: 1

    You said it yourself: the anti-TiVo-ization clause is there for consumers. However, the voters aren't the consumers of a voting machine; the users, but not the buyers. The buyers are the government entites that set up and oversee voting. Governments are run by politicians, the very people who have the most desire to control the outcome of elections. So, under GPLv3, some official would receive the voting machines, including all of the (carefully examined for fairness and security) source code, and the ability to install their own patches to the code on the machine and have it run. Do you honestly not see why this is a problem? Heck they woudln't even be in violation of the GPL for doing it in secret and vnever releasing the patches, so long as they only did it to the machines they bought for themselves (as you pointed out, the voters never even temporarily own the machines, so it's not redistribution).

    I personally think voting machines are actually a pretty good idea - so long as they ship with a hard-coded and completely UN-patchable software verifier. They should even release the code for the verifier, to make sure it is fair and secure - where secure means that there is NO way to get unauthorized modifications to the code to run on the machine. Obviously, this flies in the face of the GPLv3. Sometimes, trusted computing is a good thing.

    --
    There's no place I could be, since I've found Serenity...
  201. GPLv3 as DRM in reverse by zooblethorpe · · Score: 1

    I have to disagree. He's making a valid point that RMS approaches the entire "Open Source/Free Software" debate as not a legal or even ethical issue, but a moral issue. The use of the word "moral" isn't an invention of Linus, that's the word RMS uses to describe it himself. (emphasis added)

    How else does one describe a position opposed to theft and getting ripped off? In some ways, the GPLv3 looks to me like a good riposte for the whole DRM ugliness -- essentially, companies using DRM and the DMCA are trying to dictate what we can do with their product after we buy it, and the GPLv3 is doing the same thing back to the companies, only they don't have to lay down any money to use GPL software.

    "You're seriously trying to tell me I can't do what I want with my own property that I already bought from you? Fine then, I'll dictate what you can't do with the code you got from me. Tit for tat."

    Decry it as "moral" all you like, but from where I sit, it sure looks like the FSF folks are going to bat to try to make sure this game is at least halfway fair, in the midst of blatant and avowed skullduggery by the corporate team. Which side are you rooting for?

    Cheers,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
  202. Re:They're above board, not badguys. by smoker2 · · Score: 1

    No worries, I thought for a while that I had plagiarized your sig unconsciously. Seems apt though.

  203. Linus fears forking both Linux and GCC. by aphor · · Score: 1

    I don't understand what you are talking about. Maybe you've never had to take a test requiring you to understand the implied right to privacy in the US Constitution. It isn't simple, and unless you're American (or just wish you were) I wouldn't assume you know it. Linus Torvalds isn't American, and by corrolary, I tend to assume he doesn't either. Actually his rant against the particular GPL3 feature is empirical evidence that he doesn't understand how that works. I may be wrong, but as a rule of thumb people who haven't studied an issue shouldn't be regarded as an expert opinion on the issue. Linus can make the best framework for hardware drivers, but he knows little about guaranteeing privacy. I wouldn't expect you to know why Linus Torvalds would be motivated to rant thus, but GPL3 threatens his world by threatening to take forward versions of GCC. Can you compile Linux on commerical compilers? Yes. Does Linus want to be under their (say Intel's for example) thumb? No. What will he do? Probably like he did with his source code management foible: end up founding yet another project that Linux kernel development requires. GCC is harder than Linux. He doesn't want to have to do the work.

    --
    --- Nothing clever here: move along now...
  204. Was Kafka infallible or what? by jotaeleemeese · · Score: 1

    Gandhi, Mandela or Aung San Su Yi did not become an imperialist, a racist supremacist or genocidial maniac respectively.

    Neither is Stallman & Co becoming an unethical monopoly.

    What really irks me is that the EFF are not putting a gun in anybody's head, but there are people *still* spreading this nonsense that somehow people are forced into their licensing regime.

    It is tremendously easy folks, they just have to use legalese so the principles have to stand in a court of law if needed, but if you do not want to be inconvenienced by the GPL simply create your product in your own, write a license that you like, and stop whining about not being able to use the work of other people as you see fit.

    Dead easy, but the skulls of some people seem to be of a thickness that defies comprehension.

    --
    IANAL but write like a drunk one.
  205. Re:Linus gets press from painting RMS as a fanatic by DaveV1.0 · · Score: 1

    But, RMS is a fanatic.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  206. Yeah, sure. by jotaeleemeese · · Score: 1

    Which is why Apple used a BSD operating system for OSX (or whatever is called) and MS used BSD licensed stuff to build ther TCP/IP stack (because they were so out of hack about the Internet that they did not have time to design their own implementation).

    And so on and so forth.

    You talk about innovation, but clearly you only care about bells and whistles, when it comes to basic infrastructure things like Perl, Python and basic services like DNS, and sendmail have their roots firmly in the Open side of things.

    --
    IANAL but write like a drunk one.
  207. Don't be moronic please. by jotaeleemeese · · Score: 1

    Morality and religion are not the same thing.

    You can be a moral person without the need to support any religion.

    Your straw man (please point us out the citation where we can see Stallman declaring himself a moral or religious leader) is quite badly made that it inspires pity on his maker frankly.

    --
    IANAL but write like a drunk one.
  208. Morality is not absolute, Doh! News at 11.... by jotaeleemeese · · Score: 1

    Welcome to the XXIst century, glad to see you are rediscovering Philosophy and Ethics.

    --
    IANAL but write like a drunk one.
    1. Re:Morality is not absolute, Doh! News at 11.... by Attila+Dimedici · · Score: 1

      Morality is absolute. Some people don't like that because it means that they can't do whatever they like and think of themselves as a good person.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  209. That is precisley your problem. by jotaeleemeese · · Score: 1

    That you fail completely to see why abortion is right.

    Or even infaticide (which abortion isn't by the way)>

    Without the context we can't possibly know if such actions are moral or not. You need a moral framework or context in order to decide if an action is moral or not.

    The moral framework you use may be based on religion, but it may be based in any social conventions you care to mention (in ancient societies that could not feed all the members of a tribe, perhaps infaticide guaranteed the survival of most members of the tribe since the infant was not viable anyway. Harsh? Yes. Moral? In such a context, maybe).

    It is moral absolutists with Ayatollic views of the world that make a mess of what a moral concept is (because the artificial religious construct is that is something goes against the organized religion, it must be amoral, which any person with little tiny bit of logic can see how flawed a concept this is, given the thusends of different religions there are).

    --
    IANAL but write like a drunk one.
    1. Re:That is precisley your problem. by Attila+Dimedici · · Score: 1

      If there is no moral absolutes, then there is no such thing as morals. What the moral absolutes are is open to discussion and how those absolutes apply to particular situations may vary. What it means to say that there is a moral absolute is to say that in a given situation, the same moral answer applies, no matter who finds themselves in that situation. The answer doesn't change whether I am in that situation, or you are.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  210. No, they weren't under any defintion.. by jotaeleemeese · · Score: 1

    Even their own.

    The way Hitler explained why the Aryan nation had to ally itself with Japan is so contrived that any person not devoided of any basic sense of logic know that they were making all up.

    Their "moral" rules were demonstrably false (like attributing all the problems of Germany to the Jews), they imposed their "morals" by fear and intimidation, not by any logical arguing.

    --
    IANAL but write like a drunk one.
    1. Re:No, they weren't under any defintion.. by Attila+Dimedici · · Score: 1

      One of the "moral" rules he suggested was that the law said was what was moral. The law of Nazi Germany called for the elimination of the Jews.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  211. What do you suggest? by jotaeleemeese · · Score: 1

    To bend over and ask for more?

    --
    IANAL but write like a drunk one.
  212. And bury your head in the sand as well. by jotaeleemeese · · Score: 1

    Any programmer that does not understand the political consequences of writing software nowadays should not be writing a single line of code.

    --
    IANAL but write like a drunk one.
  213. Give the guy some slack. by jotaeleemeese · · Score: 1

    he clearly got all entangled there, but kind of made the point: with BSD licensing we get nothing back.

    That is all great and good, but such licensing simply is not conducive to development that benefits all the parties involved.

    With BSD you work, you give for free and get nothing. If you are OK with that all the power to you, but there are people out there that want something in return. The GPL provides exactly that.

    --
    IANAL but write like a drunk one.
  214. You are getting all confussed there buddy. by jotaeleemeese · · Score: 1

    What people are talking about is how some perceive the FSF as pushing a set of moral values by means of the legal framework that sustains copyright.

    We are not talking about whose person or group is more "moral" or "nicer", after all Linux and the Hurd are GPLed software.

    What you are describing is how different groups of people behaving differently. That is very interesting for sure, but has nothing to do with the topic at hand.

    --
    IANAL but write like a drunk one.
  215. No, it isn't. by jotaeleemeese · · Score: 1

    What the GPL 3 is trying to address ia a purely technical issue.

    The day provisions of the kind you are mentioning find their way on the GPl then we know it would be dead and new arrangemtns would need to be made.

    --
    IANAL but write like a drunk one.
  216. Babies and ladies first! Solaris is Dying! by jotaeleemeese · · Score: 1

    News at 11.

    Sir, you have no idea what you are talking about.

    There are many applications in many different industries for which Linux does not scale (unless you are Google and have to build a grid OS from scratch to use those "cheap" Linux boxes), with Solaris your machines grow with your solution with little or no changes whatsoever. With Linux that is an impossibility in many cases.

    Linux is great, is the best thing that has happened to the computer industry in the last 10 years, but from that it does not follow that it is the only good technology out there.

    Solaris 10 is technologically superior in many different levels, and unlike previously, now Sun is backing the OS to run on x386 architecture (which they did not do when Linux was starting. Big mistake but that seems to have been corrected). Sun will go as far as to support their boxes running Linux if so you wish, but in many situations a Sparc machines with SOlaris is he right tool for the job

    --
    IANAL but write like a drunk one.
  217. Great, lets post subjective personal opinions. by jotaeleemeese · · Score: 1

    But the matter of fact is that Stallman has done the sane thing and protected the software with the help of lawyers, so his opinions are there for all to see in black and white and sanctioned by a lawyers.

    Linus built on top of that legal basis and in many occasions has declared he does not care at all about the matters of freedom. I really fail to see how somebody uninformed about the legal implications of writing software would be a suitable leader in matters of freedom and copyright.

    --
    IANAL but write like a drunk one.
  218. You are missing the issue completely. by jotaeleemeese · · Score: 1

    Tivo benefits from software they did not write in its entirety, they release it and then block software with changes from running. So in other words they screw the end user by means of hardware contraptions. They are curtailing end user's freedoms.

    It is perfectly legitimate t force them to play fair or to ask them to write their own stuff frankly.

    --
    IANAL but write like a drunk one.
    1. Re:You are missing the issue completely. by jopet · · Score: 1

      Why not leave it to the users of the software whether they accept those limitations or not? What business is it of the original authors to decide whether the end users of the modified software should have the choice to accept such limited software or not? I do not see much freedom in this, just a crusade to enforce what some people think is right on everyone else.

  219. Freedom for whom? by jotaeleemeese · · Score: 1

    Once you modify stuff in the public domain you acquire rights over the modified product.

    So clearly public domain releases are completely unsuitable if you want to preserve full access to new modifications of new contributors.

    --
    IANAL but write like a drunk one.
  220. A nut job? by jotaeleemeese · · Score: 1

    People seem to be wary of somebody with principles and willing to achieve them by all practical means at his disposal.

    That is not how a nutjob behaves, Stallman is coherent and consistent. You may not agree with his politics, but that does not make him nut job.

    --
    IANAL but write like a drunk one.
  221. Yeah, we know how succesful BSD OSes are nowadays. by jotaeleemeese · · Score: 1

    Because people are falling over themselves to work interminable hours, give their work for free, just for somebody else to reap the benefits and not giving anything back in exchange.

    I may be willing to be charitable with a poor sod, but with corporations and conglomerates? Well, I am not that charitable. Or stupid.

    BSDs ar a micro minority for a reason: contributors know they would not benefit in anyway by releasing their code with this license. GPL is the perfect license in a capitalist society, where greed is the best lubricant to facilitate progress.

    --
    IANAL but write like a drunk one.
  222. Really? by jotaeleemeese · · Score: 1

    Give us some examples of those wonderful DRM induced markets please.

    --
    IANAL but write like a drunk one.
  223. Ha, ha, ha. Real funny. by jotaeleemeese · · Score: 1

    Now tell us, which choercive tool is Stallman using to force you to accept FSF's licensing scheme when you write your own software?

    If you are talking about other people's software, there is nothing to discuss really, it is other people's software and they can do as they wish with it.

    But about yours, how are you being forced to to anything at all?

    --
    IANAL but write like a drunk one.
  224. Re:Linus gets press from painting RMS as a fanatic by borgheron · · Score: 1

    So is Linus... also, simply because RMS is a fanatic, that doesn't make him wrong. ;)

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  225. Re:Linus gets press from painting RMS as a fanatic by DaveV1.0 · · Score: 1

    But trying to force his ideological views on other through the use of what is supposed to be a license for software freedom does make him wrong.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  226. Re:Linus gets press from painting RMS as a fanatic by borgheron · · Score: 1

    What most people forget is that Free Software is a balance between the rights of the creator and the user. Anything that disturbs that balance needs to be dealt with. Both patents and DRM represent things that disturb the rights of the users in favor of the creators.

    RMS is not trying to force his personal beliefs on people. You don't have to change to the GPLv3, no one does. Linus, on the other hand, is coming out and engaging in name calling. I've seen more and more of this from Linus over the past few years. I don't see him as any better than RMS, in fact, I see him as worse. To me he seems like the kind of person who, if you don't agree with him, he'll freely and publically call you names. That doesn't seem to me to be the approach of an intelligent or reasonable person. It seems to be to be the approach of someone who's ego has gotten a little too big for his own good. Not one of the reasons Linus has yet given for his dislike of the GPLv3 has made a great deal of sense from my point of view. Linus seems unable or, possibly, unwilling to engage in a debate about this pertaining to the facts of the matter. Instead he would rather distract people from the real issues by calling RMS a fanatic and calling anyone that adopts the GPLv3 hippocrites.

    I don't live my life to please others. My project and many others are in the process of adopting the GPLv3. If Linus thinks I'm a hippocrite or that others are, because of it... then so be it. I think his rationale is completely wrong.

    He states that the GPLv3 will make it difficult for business' to use GPL'd software. This is, in fact, correct. The GPLv3 will make it more difficult for companies to restrict the rights of their users (people like you and me). The GPL was meant to protect against this type of thing. As the world evolved, the GPLv2 became inadequate due to the simple fact that many of the technologies and problems which exist now did not exist when it was drafted. It therefore, has legal holes it in nowadays that one could drive a truck through. The GPLv3 was meant to address the shortcomings and, in some cases, the lack of clarity of the GPLv2. It protects the users better and is clearer on what is and is not distribution.

    If Linus wants to play name calling games, that's just fine. If, however, he wants to actually discuss the facts, he and the rest of his sycophantic followers should engage the FSF in a debate.. or, at least, they should have been more of a part of the drafting of the GPLv3 than they were... certainly... if you don't put your 2 cents into something, especially when you're invited to do so (GPLv3 comments were open to the public and, indeed, Eben Moglen publically asked the Linux contributors to participate)... then, in my opinion, you have no cause to complain when the process is finish.

    Linus and his ilk had their chance to say something and they remained silent. Why should they be listened to now?

    Sincerely, GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep