Slashdot Mirror


Hypervisors Can Defeat GPLv3's Anti-Tivoization

DeviceGuru writes "A hypervisor can be used to isolate from each other software works released under incompatible licenses, while allowing them to run simultaneously on the same hardware. For example, Linux and Windows CE can run on separate virtual machines on one device, without violating either OS's license. Due to the isolation between multiple VMs running atop a hypervisor, it seems like this architecture could allow companies to build Linux-based devices, such as mobile phones or set-top boxes (think TiVo), that can't be upgraded by their users without authorization, thereby circumventing the GPLv3's 'anti-tivoization' clauses." Here's a white paper with more details from a commercial hypervisor company.

377 comments

  1. Bogus! by MMC+Monster · · Score: 5, Insightful

    Frankly, I'm not sure what the article is trying to state.

    If the code is released under GPLv3, then modifications of the code must be able to run on the same hardware. It doesn't matter if the key to run the code is a checksum or a password to give the hypervisor. Either way, if modification of the client cannot be dropped into the place of the original client (either to run on the same hardware or the same hypervisor), it's in abuse of the GPLv3.

    --
    Help! I'm a slashdot refugee.
    1. Re:Bogus! by Orange+Crush · · Score: 3, Interesting

      I get the same impression. If TIVO for instance wishes to use the method to satisfy both their (eventual) GPLv3 obligations *and* content-owner obligations at the same time, then I don't see it violating either the letter or the spirit of GPLv3. An end-user is free to modify the Linux client as they see fit, or to replace the hypervisor alltogether with a bare-metal Linux installation.

    2. Re:Bogus! by mmacdona86 · · Score: 5, Interesting

      Note that the hypervisor doesn't prevent you from updating the GPL code (the Linux kernel, for example)--
      it just prevents you from getting extra access to the machine by updating the code. Thus it allows "tivoization" without violating the letter (or arguably the spirit) of GPL v3. The GPL code you can hack and modify to your heart's content; the hypervisor just makes sure that said hacking doesn't compromise the machine.

    3. Re:Bogus! by Anonymous Coward · · Score: 0

      AFAIK, the 'tivoization' bit in GPL3 aims to fix a loophole in the old GPL--to make tivoization a violation of the letter of the GPL, not just of the spirit. The question is, does this new system violate the leter or the spirit of GPL3? (I'm asking honestly here--I can't quite wrap my head around it.)

      Like I was taught in wrestling: for every move, there's a counter; for every counter, there's a move. I don't think GPL3 (or 4, or 5, or 6) will end this arms race.

      My CAPTCHA: 'contempt'. Seems fitting. :-)

    4. Re:Bogus! by Anonymous Coward · · Score: 1, Interesting

      I haven't read TFA, but my inclination is to think the exact opposite: sure you'll be able to modify your GPLv3 operating system. Modify it all you want. Because it won't do you any good.

      The actual media handling will be handled by another parallel OS which you can't touch. All the Linux part will handle is the user interface. You'll have a /dev/mediacmd device that can issue commands like "Stop" and "Play" and maybe "Record." And that's all. The GPL side will never be able to access the actual stream data, or display its own.

    5. Re:Bogus! by cp.tar · · Score: 1

      Even more so, while this can be used to isolate two operating systems from each other, some software is obviously going to run under the operating system. I fail to understand how you can isolate the software from the OS, as well as the usefulness of such a feat. I mean, what's the purpose of the OS then?

      Somehow, I don't think the GPL 3 was so poorly written that it could be circumvented so easily.

      --
      Ignore this signature. By order.
    6. Re:Bogus! by jellomizer · · Score: 1

      Use Windows CE for the user interface. Have an internal connection to the Linux Virtual Machine. Linux does all the hard work, Windows CE works mostly like a User Interface Firewall. There are ways around it. Linux doesn't try to do any DRM it is all Windows who is doing the job. But windows is giving Linux the information to do the real work.

      You are not breaking GPL 3 you are getting DRM. HA HA! Sorry play again.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    7. Re:Bogus! by cp.tar · · Score: 2, Funny

      Ah-HA! So that's what it's all about!

      Ah, well... then it'll just be cracked - like any other copy protection.

      --
      Ignore this signature. By order.
    8. Re:Bogus! by romiz · · Score: 1

      The author claims that manufacturers can ensure that while the Linux part respects the GPLv3 constraints, and can be modified by the user as required by the license, it is possible for the manufacturer to protect their own part that lives in another VM on the hypervisor, and thus is not a derivative from the GPL code.

      For an embedded manufacturer, it is interesting because it protects what the manufacturer considers to be important, or even simply some code it bought from a third party, while it allows skilled hobbyists to improve the product on the open-source side. The difference with the current situation (for example OpenMoko phones) is that the closed software can run on the same processor as the open software, without the need for an additional chip that increases the cost of the product.

    9. Re:Bogus! by glindsey · · Score: 1

      My interpretation of the article is that a device manufacturer could use a hypervisor to isolate the entire "trusted path" from Linux completely, by running the application responsible for decrypting video data and outputting it in a separate VM. This application could be totally closed-source. Linux, running in its own VM, could communicate to this locked-down, non-GPLed application via a shared memory region.

      Whether this is in violation of the GPLv3, I don't know; I haven't read it. But it seems like a really devious way to sleaze one's way around the anti-Tivoization provisions.

      What I don't understand is why the GPLv3 didn't have a clause stating, unequivocally, that software released under it cannot implement (encode or decode) Digital Rights Management schemes in any way, shape, or form. If they're going to be against user-hostile software, why not take a stand?

    10. Re:Bogus! by Omnifarious · · Score: 1

      IMHO, that violates neither the letter nor the spirit of the GPLv3. It's still evil, but it's not that kind of evil. I also strongly suspect that it will be much more subject to being hacked than something that disallows any software changes at a hardware level.

      I would be disappointed if the GPL tried to address this issue in a future version because I do not believe that it's within the scope of things it ought to address.

      I disagree with Linus in that I think the GPLv3's anti-tivoization clause really does address an issue that should be in the scope of a free software license. There's no sense in allowing you to create modified versions of software if you can't actually run them on the hardware they're intended for.

    11. Re:Bogus! by Kazoo+the+Clown · · Score: 4, Insightful

      Somehow, I don't think the GPL 3 was so poorly written that it could be circumvented so easily.

      Why not? It's just another form of DRM-- and we all know how easy that is to crack...

    12. Re:Bogus! by everphilski · · Score: 1

      So far Sony's hypervisor on the PS3 hasn't been cracked. You can joke about a lack of uptake of PS3's but the lack of a crack is not for a lack of trying.

    13. Re:Bogus! by everphilski · · Score: 2, Insightful

      Hardware | hypervisor | GPLv3 code

      GPLv3 code can do whatever it wants, but the hypervisor can feel free to say "I'm sorry, there is no spiffy network card", "I'm sorry, there is no TV channel like that" ... think of the hypervisor as a virtual machine if you must. Programs can work fine in the virtual machine, but that doesn't mean the virtual machine will look precisely like the actual hardware. Check and mate, RMS!

    14. Re:Bogus! by B'Trey · · Score: 1

      Essentially, you have a GPL3 and a non-GPL3 working hand in hand, passing data back and forth. The GPL3 software (say Linux, if and when it moves from v2 to v3 of the GPL) handles all of the network code, user interface, etc. However, over the network, it receives encrypted data. It passes that data, still encrypted, to the non-GPL OS. The non-GPL software decrypts it and sends it via a DRM'd, trusted interface to the video display, which displays the data. At no point does Linux ever see the unencrypted data, the key to unencrypt the data, the algorithm to do so, etc. You can hack the Linux code all you want but it won't assist you in any way in cracking the encoded data stream.

      You get to use Linux for all of the boring, mundane parts like network stacks and user interface, and use your own proprietary lock-down methods to secure the data.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    15. Re:Bogus! by samkass · · Score: 1

      Whether this is in violation of the GPLv3, I don't know; I haven't read it.

      Since the GPLv3 is essentially a form of DRM, there's almost certainly a way around it. This approach seems reasonable.

      What I don't understand is why the GPLv3 didn't have a clause stating, unequivocally, that software released under it cannot implement (encode or decode) Digital Rights Management schemes in any way, shape, or form. If they're going to be against user-hostile software, why not take a stand?

      That would be ironic, since the GPLv3 *is* DRM. Or, if you're going to find some hair to split and come up with a reason why Stallman is allowed to tell people what to do with his software but Apple and Microsoft are not allowed to do the same with theirs, you're going to have to come up with a pretty craft definition of DRM.

      --
      E pluribus unum
    16. Re:Bogus! by WilliamSChips · · Score: 2, Funny

      It's like Death Note. Of course, that begs the question: is Light the FSF or Tivo?

      --
      Please, for the good of Humanity, vote Obama.
    17. Re:Bogus! by also-rr · · Score: 1

      Frankly, I'm not sure what the article is trying to state.

      This is because the closed source hypervisor in your head is preventing you from accessing the appropriate parts of device memory ;)

      Frankly this is an interesting legal hack. It certainly seems to comply with the letter of the license, and possibly even the spirit. The freedom to modify GPL 3 software is preserved in the proposal.

      What it is analogous to is building (say) a hardware DVDCSS decoder that acts as a black box. Data in, video out. Except - now you can build the black box in software and run it on the same system as GPL 3 code with no (legal) conflicts.

      This should certainly help satisfy the requirements of the pragmatist elements of the community that 'just want to build devices that work' while not *totally* dismissing the highly principled group who want to make sure the work they placed under the GPL doesn't go non-free.

    18. Re:Bogus! by Knuckles · · Score: 5, Insightful

      Check and mate, RMS!

      You must have a huge stake in proprietary software to cheer about this. Note that if this is the way of the future, it's not only "Check and mate, RMS!", but also "Check and mate, general-purpose personal computer!". Well, I guess you will still be able to import one from China, provided you won't get caught. Hurray indeed.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    19. Re:Bogus! by QuoteMstr · · Score: 1

      The GPL is telling you, the user, what you can do with my software. DRM is telling you, the user, what you can do with your own data.

    20. Re:Bogus! by larry+bagina · · Score: 1

      My Linux computer has drivers for a network card, video display, the motherboard, IDE, etc. Is it a violation that I don't have the schematics for these cards? My video card has a powerful CPU and source code that I don't have access to. Is that a violation? And if the video card had a de-DRM chip (or software) to decode and display a raw DRM stream, is that a violation? Is it a violation if VMWare emulates a NIC and video card? Is it a violation if TiVo 3.0 has a video card that decodes and displays a DRM stream? Is it a violation if TiVo 3.0 uses a hypervisor and emulates a video card that decodes a DRM stream?

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    21. Re:Bogus! by WilliamSChips · · Score: 1

      But then all the code Tivo doesn't want touched will just be in the Hypervisor, and it will have to not be under GPLv3. In other words, we also changed the pages of the real Death Note he's using right now!

      --
      Please, for the good of Humanity, vote Obama.
    22. Re:Bogus! by WilliamSChips · · Score: 1
      The definition of DRM is attempting to use software to provide the user a service while restricting that same service from the user.
      GPLv3 does not fall under this definition because:
      • It is voluntary on the part of the software writer(or at least, exactly as voluntary as GPLv2)
      • It still has no restrictions on the user's part
      • It's a license, not a software program
      --
      Please, for the good of Humanity, vote Obama.
    23. Re:Bogus! by nelsonal · · Score: 1

      When you leverage off the work of others and don't abide by the terms of their license to use their work.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    24. Re:Bogus! by Anonymous Coward · · Score: 1, Insightful
      It [the GPLv3]'s just another form of DRM


      aaarrrggghhhh! Please understand that while one is (just) a license, the other is a Digital Restriction Mechanism designed to technically limit your ability to use something. DRM is meant to ultimately enforce "pay per use" strategies of the rights holders, while the GPL is meant to ensure that FOSS remains F. And O. If stupidity were painful, we'd see a lot less of it...

    25. Re:Bogus! by Knuckles · · Score: 1

      I didn't mean to, I just stated it without trying to attach a valuation. You have to note, though, that there are more people who have no stake in proprietary software, than those who do.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    26. Re:Bogus! by mattpalmer1086 · · Score: 1

      I agree with your take on this. The whole point of the GPL3 anti-tivoization was to ensure that if a company used the goodness of open source in a particular environment, you were also free to modify and run the code in the same environment. This is still the case. You are still free to modify the GPL3 code and do anything you like - even things the manufacturer didn't enable - within the limits of the environment it runs in.

    27. Re:Bogus! by Knuckles · · Score: 1

      Sorry, I forgot the main point. I suggested his stake must be so big that it is more important to him to see free software fail than to see the general-purpose personal computer survive. There are indeed not many people like that.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    28. Re:Bogus! by huckamania · · Score: 1

      Sounds like they would be abiding by the license. It certainly doesn't promote the 4 software freedoms, but then freedom to circumvent hardware was always a bit dicey as a software freedom.

    29. Re:Bogus! by NDPTAL85 · · Score: 0, Flamebait

      If the general purpose computer in the future no longer serves a market need then why should it not perish?

      That being said even if open source software did not exist I don't see the general purpose computer going anywhere. There'd just be more competition between proprietary vendors bringing the price down to reasonable levels. As it is open source by sucking up so many skill full developers who lack the proper management and User Interface design resources enable proprietary vendors to keep prices high because they're able to tell their customers this:

      "Don't want to pay $600 for Photoshop? No problem. Why don't you go use that free GIMP thing. You know, that horrible looking piece of crap picture editing software thats free? Yeah its free! So go ahead and help yourself! Whats that? You'd rather have a nail driven right through your scrotum after the nail has been soaked in hot sauce than use GIMP? Well then I hope you have $600 then or you'll have a very sore sac!"

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    30. Re:Bogus! by goldspider · · Score: 1, Interesting

      One technically restricts usage. The other does so legally. I think it's a good analogy, as they both attempt to do the same thing, just by a different means.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    31. Re:Bogus! by Knuckles · · Score: 2, Insightful

      If the general purpose computer in the future no longer serves a market need then why should it not perish?

      "If the notion of human rights in the future no longer serves a market need then why should it not perish?"

      That being said even if open source software did not exist I don't see the general purpose computer going anywhere.

      You misunderstood me. The very same hypervisor tech that is described to circumvent the GPL3 can be used to deny you all unsupervised access to your computer whatsoever. Thus the OP shortsightedly cheers RMS's defeat, when at the same time the general-purpose computer is under threat, and he should rather worry about that (unless, as I suggested, his stake in proprietary software beats his interest in the availability of general-purpose computers).

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    32. Re:Bogus! by Anonymous Coward · · Score: 0
      > I think it's a good analogy


      Nope. One tries to maximize revenue of corporations by intrusive means discussed at length here on /. while the other establishes a legal framework for public use of material. You do know what the P in GPL stands for? Where's badanalogyguy when you need him? Only he could come up with worse analogies...

    33. Re:Bogus! by Anonymous Coward · · Score: 0

      The one gotcha would be that the proprietary code inside the black box can't be derived from the GPL'd code in any way shape or form, otherwise it will need to be GPL'd too. The FSF has a very broad definition of derivative works such that they consider anything that is built to use an interface exclusive to a GPL'd product to be a derivative.

    34. Re:Bogus! by Anonymous Coward · · Score: 0

      Sending people with guns to my door if I use the software in a manner inconsistent with its license does, indeed, constitute a "technical limitation." I really don't see how it matters whether they're deputies working for the local civil court, or U.S. Marshals accompanied by men wearing RIAA jackets and sunglasses that are even more expensive than the marshals'.

    35. Re:Bogus! by SEE · · Score: 1, Insightful

      The GPL3 doesn't do anything to protect the general-purpose computer. Dell could tomorrow sell all the TiVoized machines it likes, with half of them running a GPL3 OS, without disclosing anything. How? Just don't sell any of the ones with the GPL3 OS as "home" machines; just label them "business". Boom. The GPL3's own consumer-product-only rule lets Dell off the hook.

      No, the only thing the GPL3 "anti-TiVoization" clause does is keep GPL3 software out of set-top boxes, home-targeted networking gear, and other devices designed as limited-use because they're for nontechnical users and making them hard to modify keeps down support costs. It's a big middle finger to TiVo which does nothing for software freedom.

    36. Re:Bogus! by shaitand · · Score: 2, Interesting

      'The question is, does this new system violate the leter or the spirit of GPL3? (I'm asking honestly here--I can't quite wrap my head around it.)'

      It depends on how broadly you interpret the spirit of the GPL. Under this scheme you'd run Linux in a VM. Therefore, you could modify the GPL'd code and update it in the VM. Now, if you believe that is the whole of the SPIRIT of the GPL then there is no problem.

      However, this is being done for the sole purpose of bypassing a clause in the GPLv3 that would require the manufacturer to essentially open the specifications of the device. The primary reason manufacturers don't want you to have the specs is that they like to take a device and disable functions in software then sell the exact same device at a higher price without the artificial limitations. If they provide the specs then 'modified' firmware that turns on all the device functions will appear, like that for Tivo, Linksys devices, etc.

      I personally believe the idea behind the free software movement and the GPL is about more than just opening source. I believe that opening the source is just a mechanism for achieving a higher aim that empowers the user to be able to fully control their own system (provided they have the skill and abilities to do so). Whether it be a playstation, an xbox, a tivo, a wireless router, a cablebox, a general purpose computer, or a fancy wristwatch; a computer is a computer is a computer and the GPL was just a tool created by a group aiming to create a fully open system that empowered to program and control their own computer. After all, it isn't Sony's playstation, Microsoft's XBox, or Linksys's router; when you bought it, they lost all right to any say in how that device is used or modified.

    37. Re:Bogus! by goldspider · · Score: 2, Insightful

      The motives are utterly irrelevant. They both restrict how a person can use software.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    38. Re:Bogus! by DaleGlass · · Score: 1

      Check and mate, RMS!

      Check maybe, but where'd you get the mate from?

      First, RMS fixed the GPL2 with the GPL3. He can make a new version to deal with this just fine.

      Second, people who release software under such conditions generally agree with them, and as copyright holders they can change the license to deal with it.
    39. Re:Bogus! by everphilski · · Score: 3, Interesting

      No stake whatsoever, except opposing anti-tivoization and GPLv3. I still don't believe 'freedom' can be obtained by imposing restrictions in a software license. If you want free, make it free!

      Check and mate, general-purpose personal computer!". Well, I guess you will still be able to import one from China, provided you won't get caught.

      Homebrew it. Engineers shall rule the world :) They did it 20 years ago, why not today? Plenty of people build their own (amateur) radios, many from scratch and approaching the complexity of a modern computer. It might bring about a new renaissance ... go with the flow man, RMS is no Jesus, and the FSF is no means of salvation. They have their own ambitions and agendas, just like any other organization.

    40. Re:Bogus! by everphilski · · Score: 0, Flamebait

      Not sure I agree. Every Windows user out there has a stake in Windows ... Windows has a greater market penetration than Linux, ergo ...

    41. Re:Bogus! by Kjella · · Score: 1

      Why not? It's just another form of DRM-- and we all know how easy that is to crack...

      It's very easy to not follow the GPL, but not to do it openly and legally. The DMCA (without comparison otherwise) has generally been upheld in court too, any reason traditional copyright law shouldn't?

      --
      Live today, because you never know what tomorrow brings
    42. Re:Bogus! by Anonymous Coward · · Score: 0

      However, this is being done for the sole purpose of bypassing a clause in the GPLv3 that would require the manufacturer to essentially open the specifications of the device.

      There is no such clause.
    43. Re:Bogus! by mpeg4codec · · Score: 1

      DRM restricts usage. GPL3 restricts distrubution [and explicitly states that it does not apply to usage]. Therein lies the difference.

      Not that I'm a GPL proponent by a long shot.

    44. Re:Bogus! by gnud · · Score: 1

      If the general purpose computer in the future no longer serves a market need then why should it not perish?

      Screw market needs. What about what PEOPLE need?

    45. Re:Bogus! by cp.tar · · Score: 4, Informative

      Bull.

      The GPL does not restrict usage. It restricts distribution - and in a manner completely opposite to DRM.

      --
      Ignore this signature. By order.
    46. Re:Bogus! by Anonymous Coward · · Score: 0

      Don't read the article, read the white paper. It has groovy pictures.

    47. Re:Bogus! by maxwell+demon · · Score: 1

      The one gotcha would be that the proprietary code inside the black box can't be derived from the GPL'd code in any way shape or form, otherwise it will need to be GPL'd too. The FSF has a very broad definition of derivative works such that they consider anything that is built to use an interface exclusive to a GPL'd product to be a derivative. Of course what ultimately matters is not the FSF's definition of derivative works, but the copyright law's definition, as interpreted by a judge.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    48. Re:Bogus! by Knuckles · · Score: 1

      People built Pentium Ms and the like in their garages 20 years ago?

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    49. Re:Bogus! by Anonymous Coward · · Score: 0
      Since when did getting paid for your work go out of style?

      Since when were writing Free Software and getting paid mutually exclusive ? Linus gets paid pretty well, many of the kernel developers work for IBM or Redhat, etc., etc. Do you really think that if there was no closed source software, that no developers in the world would get paid ?

      If I had mod points I would mod you as a troll.

    50. Re:Bogus! by Anonymous Coward · · Score: 0

      Everything is a violation of the GPLv3. GPLv3 is one step closer to communist style control of software. I wouldn't put it past the EFF and the ACLU to start suing closed source software makers to force them to open their source and use the GPLv3 crap. This is why open source must be made illegal completely.

    51. Re:Bogus! by ajs · · Score: 3, Insightful

      > I think it's a good analogy



      Nope. [DRM] tries to maximize revenue of corporations by intrusive means discussed at length here on /. while the [GPLv3] establishes a legal framework for public use of material.

      Nope.

      DRM has nothing to do with revenue. Of course, it's a tool which is most often used with respect to increasing revenue, but there is no fundamental connection between the two. I might, for example, use DRM to release a movie which I wish to re-release occasionally in order to switch which of two characters shoots the other first (not mentioning any names, here). I might charge nothing for these releases, I just want to make sure that everyone is forced to watch the version that I've decided is "current". DRM can do that.

      The GPL is a tool which allows me to restrict the use of my source code such that only people willing to grant other people my pet set of rights can distribute it. Everyone else must ask for my permission first, or they get nothing (and likely will get nothing, even if they ask).

      Now, I'm a fan of the GPL. I'm a fan of the clever hack which it embodies for using copyright law to control the distribution of additional, non-copyright rights. Very cool. I'm also a fan of the basic idea of offering users who want to share the right to do so.

      However, it's completely unreasonable to draw an imaginary line in the sand between one set of restrictions (you can share, but only if you play by my rules) and another (you can use, but only if you play by my rules) on the basis that one doesn't comprise a restriction because the intent is different.
    52. Re:Bogus! by ajs · · Score: 1

      Frankly, I'm not sure what the article is trying to state.

      If the code is released under GPLv3, then modifications of the code must be able to run on the same hardware. True, as far as it goes.

      The problem is that folks like TiVo don't want you changing the behavior of the system. They don't care about the GPL code. If they have a hypervisor that implements their rules and private whatnot while the GPLed OS runs under a virtual machine, then you can change that GPLed code all you like, but you can't affect the real machine in a way that the hypervisor doesn't like.

      This should be quite legit with respect to the GPLv3, and merely demonstrates what we always knew: software is too powerful to be effectively restricted by a legal document. There's probably a good thesis in that, in fact.
    53. Re:Bogus! by FLEB · · Score: 1

      but then freedom to circumvent hardware was always a bit dicey as a software freedom.

      Although I agree with some amount of your stance, I must object to this. The freedom to do whatever you want with your own bought-and-paid for technology (with the exception that you not backfeed damage into or steal content out from anyone else's outside system) should belong to the person who buys something. It's your stuff!

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    54. Re:Bogus! by Danathar · · Score: 1

      This is because like many people the author does not understand the GPLv3 and instead subscribes to "sensational" accusations of what the GPLv3 does and does not do.

    55. Re:Bogus! by Anonymous Coward · · Score: 0

      That is making the huge assumption that TiVo will start using GPL 3 code. They may very well just stick with their current kernel. This is actually what I see happening, a lot of the world will be stuck on old GPL v2 modules, while some will choose to make "clean room" implementations of GPL v3 code and release it under v2. I don't think that is going to be a Good Thing, though I do believe it is precisely the intent of v3. It'll will be like the System V vs. BSD days all over again, except times 10000 popular software packages.

    56. Re:Bogus! by coryking · · Score: 1

      The GPL is telling you, the user, what you can do with my software. DRM is telling you, the user, what you can do with your own data. Data and Software are really both intellectual property. DRM & GPL both protect intellectual property from what the owner considers theft using copyright law.

      - "Theft" in the case of the GPL is when the "user" (which is the developer, sorry) can distribute the IP in a way that does not require handing over the source code.
      - "Theft" in the case of DRM is when the user doesn't pay for the IP.

      - DRM schemes often require the hardware to be designed in certain ways (eg Trusted computing...) to keep people from stealing IP.
      - GPLv3 also requires the hardware to be designed in a certain way to keep people from stealing the IP.

      - DRM gets it's teeth from the DMCA by making it illegal to circumvent because it was easy break the hardware and software used to protect IP.
      - The Free Software Foundation created the GPLv3 to keep people from stealing its IP by making it against the license to lock it in hardware.

      And that is twist. The GPL has become everything it hates. They had to lock down their license because people kept stealing their intellectual property by restricting how it can be used!

      For added goodness a good way to go after the hypervisor is calling it a DMCA violation.
    57. Re:Bogus! by d34thm0nk3y · · Score: 1

      Note that the hypervisor doesn't prevent you from updating the GPL code (the Linux kernel, for example)-- it just prevents you from getting extra access to the machine by updating the code. Thus it allows "tivoization" without violating the letter (or arguably the spirit) of GPL v3. The GPL code you can hack and modify to your heart's content; the hypervisor just makes sure that said hacking doesn't compromise the machine.

      Is this really a bad thing though?

      If a company wants to build a black box from the ground up they should be free to. Adapting some GPL software to then run on this machine so long as they follow the license of the software should be their right.

      People saying this is a circumvention misunderstand the point of the "Tivo" clause.

      It's when they lock down "our" code that it becomes an issue.

    58. Re:Bogus! by homer_ca · · Score: 2, Insightful

      There's just one problem with the closed source application running in its own VM. The VM is a virtual machine not a virtual application environment. That means the closed source software has to include a kernel with scheduler, memory management and device drivers for the hypervisor's virtual devices, in other words an entire OS. If you wrote an entire OS to run in the non-Free VM, why even bother having a Linux VM?

    59. Re:Bogus! by coryking · · Score: 1

      Ah, well... then it'll just be cracked - like any other copy protection Only this time you'll be brought in for violating Tivo's DRM which was designed to crack the GPL's DRM which was designed to crack Tivo's DRM. Wait. Now my head hurts.
    60. Re:Bogus! by secolactico · · Score: 2, Interesting

      They may very well just stick with their current kernel. This is actually what I see happening, a lot of the world will be stuck on old GPL v2 modules, while some will choose to make "clean room" implementations of GPL v3 code and release it under v2

      Or maybe they will simply port their apps to BSD and use that on the tivo boxes. Or maybe they will license some other OS that will allow them to keep everything closed source.

      Or do they have a specific reason for sticking with Linux?

      --
      No sig
    61. Re:Bogus! by sxeraverx · · Score: 1

      "The GPL3's own consumer-product-only rule lets Dell off the hook."

      Uhh...FYI, businesses are consumers, too. Hell, anyone who's an end-user (those who would have to agree to the EULA on Proprietary Software) is a consumer. It doesn't matter whether or not they're producers of anything as well. A company doing internal development would be an example of a non-consumer, as well as a company doing development for a subsidiary or a parent company. In other words, corporations can tivoize within themselves, just like they can redistribute binaries without source or a promise of it within themselves.

      IMHO, of course.

    62. Re:Bogus! by Anonymous Coward · · Score: 0

      Actually... 'consolization' of software is a big thing these days... why do you think (game) developers like consoles so much (and why they've been successful against mod chips)? You're locked in and they get paid. For years (almost 15 years now) we've heard lots about how many large software companies (and hardware companies) would LOVE to get rid of the PC and replace them with set-top boxes. Vendor lockin for both hardware and software. FOSS lives because creation/distribution of software requires no physical resources or physical processes. As soon as FOSS must also create hardware to run on (and that actually costs money for physcial resources, processes, and labor), we'll see a hugely different picture in the FOSS world.

      Software piracy is a way for games to disappear on PCs just like what happened in the past in the 8-bit years. Game companies announced they were ceasing development for certain platforms because they couldn't make money because of piracy. PCs have been treading this path for years. I won't be surprised that in a decade or so, games will be on consoles and that's pretty much it. If they can ever find a way to lock them down (prohibit mod chips entirely), we'll all be sad.

    63. Re:Bogus! by dbIII · · Score: 1
      Not necessarily. I really see this anti Tivio stuff as screeching at the converted - just like the Troll debacle when their licence was better than the one for X windows at the time and they even went full GPL before the screeching stopped. These companies are adding to the code, you can read their code - why should it matter if we can neither crack their devices, copy their devices or read their code for in house userspace applications? It would be nice but it is not really necessary. These companies are not working against us and every single one of them has added more to the linux codebase than RMS simply because he does other stuff. If they were modifying his stuff or gnu stuff he would have a point.

      Once again I'll add that I really do not want every script kiddie on the net to have the ability to flash the firmware on my router if I mistakenly download the wrong version.

      The licence is no place to try to drive these changes - communicating directly with the companies involved instead of trying to get the legal system to do it for you is the way to do it. They are already far closer to us many other vendors.

    64. Re:Bogus! by dbIII · · Score: 1

      unless, as I suggested, his stake in proprietary software beats his interest in the availability of general-purpose computers

      This is of course known in sporting terms as playing the man and not the ball. I could do it too by suggesting that we all should be old enought to neither use this sort of argumant or fall for it.

      Personally I see these embedded devices as a shift AWAY from proprietary software that is actually giving us useful stuff like uClinux and that this part of GPLv3 is just screeching at the converted.

    65. Re:Bogus! by eean · · Score: 0

      There's no reason to think the kernel is going to be GPLv3 ever.

    66. Re:Bogus! by fractoid · · Score: 1

      Of course, that begs the question: NO IT DOESN'T!

      "Begging or assuming the point at issue consists (to take the expression in its widest sense) in failing to demonstrate the required proposition. But there are several other ways in which this may happen; for example, if the argument has not taken syllogistic form at all, he may argue from premises which are less known or equally unknown, or he may establish the antecedent by means of its consequents; for demonstration proceeds from what is more certain and is prior. Now begging the question is none of these. [...] If, however, the relation of B to C is such that they are identical, or that they are clearly convertible, or that one applies to the other, then he is begging the point at issue.... [B]egging the question is proving what is not self-evident by means of itself ... either because predicates which are identical belong to the same subject, or because the same predicate belongs to subjects which are identical." 0wnt by Aristotle.
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    67. Re:Bogus! by Hal_Porter · · Score: 1

      Maybe he can appreciate solutions on a technical level without letting politics get in the way. It's was clever of muslix64 to crack AACS, and it was clever of this guy to crack GPL3. Though I can see from the point of view of the FSF and AACS-LA both cracks mean that they wasted a lot of hard work.

      --
      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;
    68. Re:Bogus! by shaitand · · Score: 1

      This entire story is about the tivo clause. The clause would prevent anyone from using the software without providing the means to run modified versions. In the case of embedded hardware that would mean the drivers and reading the source of the drivers gives you the specifications. Yes it is indirect, hence the qualifier 'essentially'.

    69. Re:Bogus! by fractoid · · Score: 1

      Parent is a troll? Can I hear a +1, Mods On Crack? Anyone who works in the software industry, other than those who get to work on FOSS thanks to charity handouts, has a stake in proprietary software.

      And no, agreeing with RMS and agreeing with the freedom to do whatever you want with your computer are NOT the same thing. RMS is a religious zealot, and zealots are BAD, regardless of their cause.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    70. Re:Bogus! by fractoid · · Score: 1

      Screw market needs. What about what PEOPLE need? Um... people are the market, no?
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    71. Re:Bogus! by drsmithy · · Score: 1

      If a company wants to build a black box from the ground up they should be free to.

      The author(s) of the GPL disagree. They consider doing so to be morally wrong.

    72. Re:Bogus! by drsmithy · · Score: 1

      The GPL is telling you, the user, what you can do with my software. DRM is telling you, the user, what you can do with your own data.

      You don't own "data" that someone else has the copyright to. DRM is telling you what you can do with *someone else's* data.

    73. Re:Bogus! by Knuckles · · Score: 1

      The GPL is there to guarantee the 4 software freedoms to the user. Care for it or not, but tivoization denies them. It was, thus, completely logical for the FSF to come out with GPL3. Don't use it if you don't like it.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    74. Re:Bogus! by HNS-I · · Score: 1

      No stake whatsoever, except opposing anti-tivoization and GPLv3. I still don't believe 'freedom' can be obtained by imposing restrictions in a software license. If you want free, make it free!

      Well eventhough I think you are a big fat troll I do genuinly agree with you on that. And your point that Richard Stallman is not jesus and should be treated accordingly. But I think the colliding ambitions are not those of people who on one side wish to stimulate the economy and their own wealth(wich is okey) and on other side people who wish to smoke pot and pull wealthfare.

      Main reason for existence of Open Source and "Free" software is because people appreciate the usage in "computerscience" and common usage. And that, to quote my favourite angry guy Lewis Black, stimulates the economy tooo.

    75. Re:Bogus! by Knuckles · · Score: 1

      Look, it is NOT "playing the man". The situation is very simple: a new tech has arrived that can (a) undermine FOSS,and (b) destroy what most of us on /. (and may I add, human rights in western societies) depend on. The OP cheered (a), ignoring (b). I commented, sarcastically, that (a) must be more important to him but (b).

      If you are into logical fallacies, please note that nobody so far has even argued my point, its been all about straw men since.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    76. Re:Bogus! by Knuckles · · Score: 1

      1. Did you read the OP at all?
      2. You didn't get what I wrote, either.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    77. Re:Bogus! by Knuckles · · Score: 2, Informative

      Anyone who works in the software industry, other than those who get to work on FOSS thanks to charity handouts, has a stake in proprietary software.

      Um, no, you just fell for MS's propaganda. First of all, more than 80% of software is written for other purposes than shrink-wrapped sale. People who write this stuff have less need for restrictive licenses in any case.

      Second, it may be hard to live off free software right now, in a proprietary software world. I have no doubt whatsoever that it would work just as well or better in a free software world. Sure it would be different, but it would work. YMMV

      Third, not that many people work in the software industry, and those who don't do not generally have big stakes in software property.

      agreeing with RMS and agreeing with the freedom to do whatever you want with your computer are NOT the same thing

      In the tivoization question, it is.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    78. Re:Bogus! by Hal_Porter · · Score: 1

      You don't need a separate processor. There are other ways around the GPL.

      http://www.gnu.org/licenses/gpl-faq.html#GPLAndPlu gins

      "It depends on how the program invokes its plug-ins. If the program uses fork and exec to invoke plug-ins, then the plug-ins are separate programs, so the license for the main program makes no requirements for them."

      So you could have the proprietary stuff in a different process, i.e. a different address space. This seems to confirm it, so long as the proprietary stuff is communicated over a API which doesn't involve 'exchanging complex internal data structures'

      http://www.gnu.org/licenses/gpl-faq.html#MereAggre gation

      Or you could make your own C runtime library and put them in that -

      http://www.gnu.org/licenses/gpl-faq.html#WindowsRu ntimeAndGPL

      Then when users in your company use the compiler they're allowed to link to the proprietary run time.

      --
      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;
    79. Re:Bogus! by gowen · · Score: 2, Insightful

      Actually, in the US at lease, case law has already ruled that this won't cut it. In interpretations on Magnusson-Moss "Consumer product" is not a label that can be designated at manufacture, but one that is determined by common use. If Dell sold any of its "business" machines to householders, it would become a consumer product.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    80. Re:Bogus! by orzetto · · Score: 3, Insightful

      Or maybe they will simply port their apps to BSD and use that on the tivo boxes. Or maybe they will license some other OS that will allow them to keep everything closed source.

      Or maybe they could start playing by the rules of the community they took Linux from, saving millions in development cost and time-to-market. Or maybe the could purchase a closed-source license for another OS. Or maybe they could write their own code instead of taking someone else's, so they can do what they want with it.

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    81. Re:Bogus! by fractoid · · Score: 1

      Um, no, you just fell for MS's propaganda. First of all, more than 80% of software is written for other purposes than shrink-wrapped sale. People who write this stuff have less need for restrictive licenses in any case. MS's propaganda? lol wut? And even if that 80% figure is accurate, software doesn't have to be written for shrink-wrapped sale for copyright to be important. Think of a company that contracts a firm to write its business software - generally the copyright is transferred as part of the contract, preventing the contracted firm from reselling the software for pure profit. It's not about restrictive licenses, it's about copyright at its most basic.

      Second, it may be hard to live off free software right now, in a proprietary software world. I have no doubt whatsoever that it would work just as well or better in a free software world. In a different world, sure. Dunno about you but I need food, shelter and internets in this world. That's not to say that it's impossible to eventually change this world to that one, but that's besides the point.

      Third, not that many people work in the software industry, and those who don't do not generally have big stakes in software property. You don't need to own shares in MS to have a stake. The simple fact that my paycheck comes from software sales and/or contracted software development means that I have a stake.

      In the tivoization question, it is. No, it really isn't. RMS wants to force hardware vendors to build their hardware in a specific way. I merely believe that as the owner of the hardware you should have the right to do whatever yow want with it. For example, making the hardware only run digitally signed software is fine, as long as there is no legal impediment to cracking that digital signature and uploading your own software.

      As in many cases, RMS's goals are actually to restrict what can be done. That isn't freedom.
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    82. Re:Bogus! by Hal_Porter · · Score: 1

      1. Did you read the OP at all?

      Yes.

      2. You didn't get what I wrote, either

      You said "You must have a huge stake in proprietary software to cheer about this. Note that if this is the way of the future, it's not only "Check and mate, RMS!", but also "Check and mate, general-purpose personal computer!". So you're saying that showing appreciation for a clever hack implies agreeing with the political implications of it.

      I see what you mean, I just disagree. I think you can appreciate hacks without consideration of the long term implications of them. Sort of like you can cheer on a skilful goal even if it's scored against your favourite football team. Actually, I think if you reall appreciate football or engineering for itself rather than mindlessly backing one tribe over the other, that's what you should do - you cheer the skill of the player, not the side he or she plays for.

      This hypervisor trick is clever, no matter what you think of the GPL. As it happens, I think piracy is a greater threat to general purpose computers than this hypervisor. If game companies and studios think that PCs are too insecure to be trusted with games and media and refuse to license software players, people will be forced to trusted platforms like the PS3 to play or view them. So I don't really think people cracking DRM is particularly good in the long run because the studios will eventually stop allowing media playback on non trusted platofrms. But despite that, I still think the muslix64 hack is clever and I can appreciate it's cleverness.

      For that matter, I can appreciate the engineering in a V2 rocket, despite the fact that the regime that built it was thoroughly evil, it was built with slave labour and it was designed to kill my grandparents. But it's impressive that they managed to make it work with such primitive technology.

      --
      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;
    83. Re:Bogus! by Anonymous Coward · · Score: 0



      If a company wants to build a black box from the ground up they should be free to.

      The author(s) of the GPL disagree. They consider doing so to be morally wrong.


      Yes, but they are also fully aware of that arguing morals is the only thing they can do about it. From a technical, legal, license, etc. point of view, it's perfectly fine. Even RMS would agree with that.

    84. Re:Bogus! by Mathinker · · Score: 1

      Most people have the impression that a major goal of DRM is also to prevent distribution. After all, the **AA's aren't prosecuting people right and left for skipping ads, or even for downloading. They're suing over distribution.

      Also, if "the manner" in which the "DRM" is executed were important to the original poster, it seems to me that he wouldn't have made the original analogy. So it's irrelevant to this thread.

    85. Re:Bogus! by MartinG · · Score: 1

      It's not an imaginary line. It is not okay for some company or individual to be able to control how I can use what I own. I find it unacceptable that I can't watch any version of a movie that I have bought. It's MY copy of the movie and I'll do what I want with it.

      It's no different from the supermarket selling me apples and building in a technical restriction that prevents me eating them at night (for example.) It's totally unreasonable because I own the apples. If the person who grew them wants to retain control then they shouldn't have sold them.

      Restricting how people can use things is a job for the law, not for manufacturers, growers etc. Restricting how someone can copy and build upon the work of others on the other hand, is what we have copyright law for and is what the GPL is built upon.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    86. Re:Bogus! by oliderid · · Score: 1

      The real problem with GPL3 is that there is political agenda behind it. In the real world, pragmatism and idealism often clash. this isn't a "laissez-faire" approach anymore.

      All these cheap linux based firewall boxes, TV recorder and all with have a hard time to be compatible with GPL3. And finally it could hurt Linux and others if they follow it too "passionately"...Never forget that there are some competitions and a BSD licensed product could do the trick easily or even a closed source product with an extremely moderate royalty cost.

    87. Re:Bogus! by kiddygrinder · · Score: 1

      Erm, I'm pretty sure people mainly use that phrase to troll grammar Nazis, but whatever.

      --
      This is a joke. I am joking. Joke joke joke.
    88. Re:Bogus! by Orange+Crush · · Score: 1

      No, but a whole lot of the GNU stuff on top of the kernel will be. The operating system "Linux" or "GNU/Linux" or whatever you want to call it will effectively be GPLv3 for the whole shooting match unless you cherry pick just the v2 bits.

    89. Re:Bogus! by ajs · · Score: 1

      It is not okay for some company or individual to be able to control how I can use what I own. First off, we were not discussing what was OK and what was not, only that DRM and the GPL impose restrictions in order to achieve their goals. In both cases, this is quite true, and while I was not the original poster, I agree fully.

      Now, that being said, your point is rather shaky, legally speaking. Most DRMed products are not "sold", but rather "licensed". As such, the owner has every right to control their use (just as a landlord has every right to place restrictions on how you use an apartment).

      I find it unacceptable that I can't watch any version of a movie that I have bought. I don't know of any movie that has such restrictions. It was a hypothetical in my post, which illustrated the point.
    90. Re:Bogus! by C_L_Lk · · Score: 1

      This is precisely why there is "tivoization" - your device does not stand alone in the world. If you take a Tivo home, take it apart, reverse engineer it, and run AmigaOS on it - NO ONE will care - as long as you keep those changes to yourself and you don't hook the device to any network or content distribution stream. The fact that the device isn't supposed to be used in a "stand-alone" environment is precisely what drives companies to this sort of behavior. The device is meant to be connected to the rest of the world - through network, through airwaves, through cable tv and satellite signals. You can argue that "once those signals are in your house you can do whatever you want with them too" - that's a fine moral argument - but legally - it has been determined that those streams of data and their content do not belong to you, and if you want to decode them and use them, you have to follow the rules that they come with. If you don't like those rules - work to have them changed.

      "Hacking the Tivo" changes the way you work with those data streams and thus bends or breaks the rules of the owners of those streams. To keep the owners of those data streams happy, the Tivo can't be designed to "easily circumvent" those original rules. If it could it would then be considered a tool in violation of the DMCA and other laws (I don't agree with most of those laws but they exist and that's another argument). If the "tivoization" of the device didn't happen, the content distributors would decide it doesn't play nice and put them out of business - most likely by not allowing them access to the content, or perhaps through legal means.

      This work-around lets them have a "black box" that has some hidden operations in software, rather than hardware - thus making it easier to update and upgrade them - while still following the letter of the GPLv3 - the FOSS software on the device truly remains FOSS - you can do anything you want with it - and it won't interfere with the part of the box that makes it follow the rules. The device remains legal when it deals with the outside world and those outside streams - that don't belong to you - and you can change the interface or behavior of the part of the system that the FOSS software does operate.

      Tivo has to write its own software to do the "black box" portion - no different than if it were hardware based on chips on the device - if they used GPL software in the black box portion - then we would have something to complain about if they don't release that to the public. As it is, they are doing what they have to to remain within the good graces of the providers of the data that the box is supposed to deal with - for if they don't - there will be no Tivo.

    91. Re:Bogus! by everphilski · · Score: 1

      No, they built what was at-the-time acceptable home computers in their garages. Nowadays we don't because the price of entry is so low, it doesn't make sense. Anyone can get a dell for $300, there is no money to be saved, and the cost to entry is ludicrous.

      However, look at the other aspect I mentioned - amateur radio. Amateurs to this day make complex circuits that meet or rival the complexity of a PC motherboard. People have fab shops in their garages to do SMT, not just the big SMT parts but the little ones too. Many people doing this don't even have EE degrees, completely self-taught. They do it for the love. Like this project: here. I think computing could come back this way if things get draconic... not that I think it ever will. If anything, things are opening... when the PS1 came out, did you think they would ever sanction Linux to run on it? yet the PS3 comes with an official Linux distribution (granted, the hypervisor...). If anything things are getting better. But it could happen, and it might be fun.

    92. Re:Bogus! by everphilski · · Score: 1

      agreeing with RMS and agreeing with the freedom to do whatever you want with your computer are NOT the same thing
      In the tivoization question, it is.


      Wow. You bought it. Hook, line, sinker. Do you think independently for yourself about **anything**?

    93. Re:Bogus! by MartinG · · Score: 1

      Most DRMed products are not "sold", but rather "licensed". As such, the owner has every right to control their use

      There is no basis in law upon which they can have any such control. A landlord can restrict an apartment because it is HIS apartment! When I buy a CD or DVD, it is MINE. If it has a label on it that says "this is only licensed for foo and blah" that makes no difference to how I can USE it.

      If you bought a shovel from a shop and it had a label saying "you may not use this to shovel potatoes, it has only been licenses for shovelling rocks", what do you think will happen if you ignore it. That's right, nothing! Because you don't need a license from a manufacturer to use their products in whatever way you want once you own them.

      If you disagree, please inform me exactly what law I will be breaking and what I would be taken to court for when I use my possesions in a way the manufacturer didn't want me to.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    94. Re:Bogus! by xtracto · · Score: 1

      no, you just fell for MS's propaganda. First of all, more than 80% of software is written for other purposes than shrink-wrapped sale.
      Yup, I agree with you, I won't go far to say a figure like 80%, but I would say "most" (for science, military, engineering, buisness, etc)

      People who write this stuff have less need for restrictive licenses in any case.

      Uuhh... wrong these people do indeed use more restrictive licenses, even what you will call "draconian" licenses for this software, just go ahead and ask the people in the military (in whatever country you live) or Barclays, Citybank, etc about the software used for stock trading, like market simulation systems (hint, I should know, I work in MAS market simulations).

      Such licenses are more than "Play-my-way-or-I--grab-my-ball-and-go-to-play-som ewhere-else"-GPL style, these licenses are of the "Play-my-way-or-I-will-sue-you-until-you-have-no-l imbs-to-sell" kind of licenes

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    95. Re:Bogus! by SEE · · Score: 1
      To quote the GPL, instead of summarizing it:

      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, if a product isn't 'normally used for personal, family, or household purposes', and it isn't 'designed or sold for incorporation into a dwelling', it isn't covered by the anti-TiVoization clause. Dells sold through its business channel are 'normally used' for business purposes. So, a TiVoized Dell laptop running a GPL3 OS sold through Dell's business channel is immune from the anti-TiVoization clause; Dell can refuse to hand over the keys that would allow a modified version of the OS to run on the machine.
    96. Re:Bogus! by SEE · · Score: 1
      The GPL3 sues its own definitions for purposes of construing the contract. To quote the GPL3:

      A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling So, if a product isn't 'normally used for personal, family, or household purposes', and it isn't 'designed or sold for incorporation into a dwelling', it isn't covered by the anti-TiVoization clause. Dells sold through its business channel are 'normally used' for business purposes. So, a TiVoized Dell laptop running a GPL3 OS sold through Dell's business channel is immune from the anti-TiVoization clause; Dell can accordingly refuse to hand over the keys that would allow a modified version of the OS to run on the machine.

      (In fact, given the dominance of Windows on the home desktop, vs. the use of Unix workalikes on desktops and servers for other purposes, one could make an argument that any general-purpose machine running a Unix workalike [other than OS X] is not 'normally used for personal, family, or household purposes', merely because of the OS used. While that might not hold alone, it would strengthen the argument that business-channel-only sales qualify as a non-'User Product' under the terms of the GPL3.)
    97. Re:Bogus! by MillionthMonkey · · Score: 1, Insightful

      Or maybe they could write their own code instead of taking someone else's

      I love people who think like this.

      "This code was just here yesterday! Damn you, Tivo!"

    98. Re:Bogus! by ajs · · Score: 1

      Most DRMed products are not "sold", but rather "licensed". As such, the owner has every right to control their use

      There is no basis in law upon which they can have any such control. A landlord can restrict an apartment because it is HIS apartment! When I buy a CD or DVD, it is MINE. A licensed product is not sold. If you think that holding a product in your hands after giving someone money means that you own it, you're sorely mistaken, and have a dangerously naive view of your relationship with the vendor. As with most things, it's useful to actually pay attention to the legal documents to which you become a party.
    99. Re:Bogus! by gowen · · Score: 1

      The GPL3 sues its own definitions for purposes of construing the contract. To quote the GPL3:

      A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling


      Right. And here's the text from Magnusson-Moss, which has been interpreted by judges to mean exactly what I just said:

      "For the purposes of this chapter:
      (1) The term "consumer product" means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).
      [USC 15, ch 50, sec 2301.]

      So, that's identical. Did you think they made that wording up? Did it not occur to you that the GPL3 was written by lawyers, and lawyers know how to get previous case law to apply to their new contracts/licenses.

      Strewth, so people think they're so smart that they can't learn anything from a bit of research.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    100. Re:Bogus! by SiliconEntity · · Score: 1

      However, this is being done for the sole purpose of bypassing a clause in the GPLv3 that would require the manufacturer to essentially open the specifications of the device. There is no such clause. Mod parent up.

      What is really happening here is that people were hoping to use GPLv3 as a bludgeon to overcome DRM. All that verbiage about wanting to update and improve their software was just cover for being able to get content they hadn't paid for.

      This article shows how the security functionality can be removed from the main body of the OS and an isolation layer used to keep it separate and safe. You can update your GPL software to your heart's content, add features and functionality just like you claimed to want. Only one tiny detail, you can't break the security of the system and defeat the DRM. Awwww, too bad.
    101. Re:Bogus! by eean · · Score: 1

      You're right, glibc will be GPLv3, which is required to run anything on Linux.

      But this whole thread has been kernel this and kernel that.

    102. Re:Bogus! by Knuckles · · Score: 1

      MS's propaganda? lol wut?

      Don't lol so much, your next paragraph betrays the fact that you have not a good-enough grasp of the concepts involved:

      And even if that 80% figure is accurate, software doesn't have to be written for shrink-wrapped sale for copyright to be important. Think of a company that contracts a firm to write its business software - generally the copyright is transferred as part of the contract, preventing the contracted firm from reselling the software for pure profit. It's not about restrictive licenses, it's about copyright at its most basic.

      You are thoroughly confused. Nothing in the GPL forbids company A to hire company B to write A's business software while the copyright remains with A, who can do whatever it wants with it, including releasing it GPL'ed while B has no rights to it.

      There is no use to comment the rest of what you wrote, your basic premises are off.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    103. Re:Bogus! by Knuckles · · Score: 1

      Ok, thanks for explaining, now I understand better what you mean. I still think you are wrong with respect to the OP though:

      For that matter, I can appreciate the engineering in a V2 rocket, despite the fact that the regime that built it was thoroughly evil, it was built with slave labour and it was designed to kill my grandparents. But it's impressive that they managed to make it work with such primitive technology.

      Yeah, but would you exclaim excitedly, "Check and mate, free world!". "pwned!"?

      I thought so.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    104. Re:Bogus! by sxeraverx · · Score: 1

      In that case, it depends on your definition of "normally used." If "normally used" means "what the company says is normally used," or "what the company says it's intended for," then your statement makes sense. However, if "normally used" means "what it's used for more often than other things" or "what the company actually intends it for," then they still can't do it. However, only the meaning you can't check for.

    105. Re:Bogus! by Knuckles · · Score: 1

      I like the attitude, of course, but I don't see it happening.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    106. Re:Bogus! by Knuckles · · Score: 1

      I started several attempts to reply despite your apparent rudeness and inability to formulate even an argument, but I failed to come up with much to say to you. Just have fun fixing that tivo bug or implementing the cool behavior you had in mind. People like you hold back society.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    107. Re:Bogus! by Knuckles · · Score: 1

      Most in-house business software is never distributed and thus has no need for restrictive license. However, it can benefit greatly from free software to build on: I work on an in-house project implemented on top of MS Office, I'd say that one quarter of the development time is spent working around Office bugs.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    108. Re:Bogus! by NDPTAL85 · · Score: 1

      So you are comparing a general purpose computer to human rights now?

      Pretentious much?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    109. Re:Bogus! by MartinG · · Score: 1

      When you say "the legal documents to which you become a party", I assume you are talking about a contract. It is impossible in most civilised countries to enter into a contract without signing it. I have never signed anything when purchasing a CD, DVD or similar, so the only legal aspect that matters is that I now own the goods I have paid for. I am not a party to anything.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    110. Re:Bogus! by eean · · Score: 1

      Actually its lgpl, so probably not. Anyways...

    111. Re:Bogus! by everphilski · · Score: 1

      I don't own a TiVo. I'm an old fogie (despite being 25). I use a VCR.

      My point was, and you completely missed it, is that you can have freedom without the FSF. More freedom! But it has become completely apparent via all your posts on this thread that you have boughten their philosophy, 'hook, line and sinker', despite any faults. Blind religion.

      I don't hold back society. I regularly contribute to several technical groups in areas I consider myself to be well-educated in (particularly aerospace an amateur radio). My contributions are free, no restrictions whatsoever. Source code, designs, documents, whatever. I practice what I preach.

    112. Re:Bogus! by everphilski · · Score: 1

      You don't see it happening, because there is no need. If, as you claim, the need will arise due to TPM or Tivoization or whatever else, need arises.

      Again, in the radio world this happens all the time. For example, a simple kit that you can put together in a weekend is the SoftRock SDR a radio that does most of the work in software. I built one recently, it is pretty amazing. Tony put together 1000 kits and sold them out in a few months. People build much more complex stuff reguarly, there are Yahoo groups like "Homebrew transistor radios", "ham radio homebrew", "homebrewqrp", and entire magazines and magazine articles dedicated to fabrication. Like Elektor (not ham specific) and QST, etc.

      And the same thing is happening in the aerospace world. Familiar with XCOR, Armadillo Aerospace, Masten Space, etc? All these little companies that are trying to hit LEO, eventually, and open up commercial access to space? A lot of them participate in online forums and share a wealth of information. In the mix are hobbyists with budgets I can only dream of that play with big rockets, motor casting, etc. It isn't electronics but it is the same fundamentals, starting with square 1 and re-constructing what has already been built (we had Saturn, the shuttle, Soyuz, etc) but to the specifications desired.

      There are plenty of homebrewers out there. There just needs to be a 'need' for computer homebrewing.

    113. Re:Bogus! by quanticle · · Score: 1

      People built Pentium Ms and the like in their garages 20 years ago?

      No. But they could at least design such a microprocessor now. Heck, Sun has open sourced its SPARC series of processors to get the community's input on its design.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    114. Re:Bogus! by fanatic · · Score: 1

      Frankly, I'm not sure what the article is trying to state.

      Obviously. The point of the article is that access to the "good stuff" - decoded video data, video decoding keys, in the example - can only be had thru a separate, non-GPL OS running in in another VM. SO loading a hacked GPLv3 OS in place of the one provided still doesn;t give you the keys to the kingdom. It doesn't in fact violate GPLv3 as I understand it - it just makes the loading of the hacked version less fun and useful.

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    115. Re:Bogus! by Anonymous Coward · · Score: 0

      Screw market needs. What about what PEOPLE need? Um... people are the market, no? of course, but the market is when people decide their own needs as opposed to social tyrants dictating what people need
    116. Re:Bogus! by Knuckles · · Score: 1

      Thanks for the insight into the radio stuff. I certainly hope that you are right, but I's still not optimistic.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    117. Re:Bogus! by Knuckles · · Score: 1

      Oh, you are the same guy. Sorry much, I missed that. Seen in that light I guess I understand where you come from, but then we are talking about completely different things. I don't think you are wrong (though overly optimistic in my view), but it's just a different discussion.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    118. Re:Bogus! by Knuckles · · Score: 1

      If those who rule you have them, yes. Or rather, in this case, having them is a prerequisite to human rights.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    119. Re:Bogus! by Knuckles · · Score: 1

      Somehow I think that the fab is the bigger problem, and in the future maybe actually being allowed onto the net with such a thing.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    120. Re:Bogus! by everphilski · · Score: 1

      Hehehe, its easy to get lost in a thread. I may be optimistic, we will see what the future holds. I think we are too dependent on computers for them to go 100% into lockdown mode. I am not a programmer by trade - I'm an aerospace engineer. However a lot of work I do is done behind a compiler. I write tools for myself, and coworkers, to save us time and make analysis efficient. I can't see computers getting locked down to the point of not having a working compiler, or capability to reprogram. Too many industries would balk.

      Now, might we get to a point where it is all sandboxed, where there is an ultralight kernel providing a virtual machine to sandbox the programmer and what s/he runs? Perhaps. I guess I don't have a strong opinion about that yet. If everything a computer did was sandboxed, the sandbox could then virus scan, do sanity checks, etc. and we could stop a lot of the proliferation of viruses and the like. Might actually be a good thing.

    121. Re:Bogus! by Knuckles · · Score: 1

      Well, many industries already have readily access to materials that are otherwise hard to come by and possession heavily fined. The chemical industry comes to mind. I don't see why a similar model could not be implemented for computers, given the will.

      Dunno, at this point I can only see it go down the drain in the west, and other political and cultural traditions will have to pick up and carry the torch of progress (China, India, who else?). Hope they get up to speed soon enough. The west will be knee-deep in blood before those in power now will let go.

      I'm starting to become an old fart, but though I know that cultural pessimism is always reactionary, I cannot help it. Off to gloomy dreams ;)

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    122. Re:Bogus! by SEE · · Score: 1

      Identical? Are we reading the same words?

      There's a huge difference in meaning between a section of a single definition which states "(including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed)" and separate definition that says "or (2) anything designed or sold for incorporation into a dwelling". The text has gone from one definition to two, and "any real property" was replaced with "a dwelling". And most importantly, the text hasn't used the same wording.

      If the GPL3 intended the meaning which interpretation has given Magnusson-Moss, they could have used the Magnusson-Moss wording straight. They didn't. Why would the GPL3 use its own definitions in place of Magnusson-Moss if it was intended to mean the same thing as Magnusson-Moss?

      This becomes an especially important question given the cases that have turned on wording debates. Lawyers screw up their attempts to "get previous case law to apply to their new contracts/licenses" all the time, with millions of dollars in consequences. The result is that a careful lawyer would not change the wording unless another meaning was intended, because he'd know even a change intended as meaningless could result in changed interpretation. The fact that it was changed in wording is accordingly itself evidence in an argument that a different meaning was intended.

    123. Re:Bogus! by Hal_Porter · · Score: 1

      Well no. But RMS and the AACS-LA are both much more obnoxious than civillians in 1940s London. Plus it's not like they get killed, just thwarted in their schemes to force people to behave in some way.

      Now I know that you're going to SAY how RMS is forcing Tivo to respect users' rights to modify their set top boxes and it's different from the AACS-LA. But that's subjective. I'm sure the AACS-LA think that their protecting the studio's rights too.

      --
      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;
    124. Re:Bogus! by Knuckles · · Score: 1

      You are writing as if the Tivo people had no other chance than using GPL'ed software and circumventing the spirit of the license. RMS is forcing nobody to do anything. The Tivo people can write their own software and do what they like. (Assuming that the linux kernel was/will be GPL3)

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    125. Re:Bogus! by Hal_Porter · · Score: 1

      And the people who want to crack AACS could just not copy movies protected by it and only watch the originals on a supported OS. The AACS is not forcing anybody to do anything.

      --
      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;
    126. Re:Bogus! by Knuckles · · Score: 1

      Wow. Just wow. I suppose in your view, people who bought CDs should just shell out another time for a 128 kbps mp3 too, or just do without a portable mp3 player. Oh well, whatever. Be happy in your corporate-ruled world, I'll not move in. Bye.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    127. Re:Bogus! by Hal_Porter · · Score: 1

      No that's not what I meant at all. I said both RMS and the AACS-LA try to force people to behave in a particular way, and that's the reason I like seeing them fail, and predicted that you'd try to weasel your way out of a comparison between the two, since you no doubt worship one and hate the other.

      And sure enough you said "but RMS doesn't force people to use GPL code" and I pointed out that the AACS-LA doesn't force people to use their movies. Both parties do try to restrict people's behaviour if they do use "their" stuff though, and I've made it completley clear I like seeing them fail. Actually one important difference is that the AACS-LA is acting on the orders of the studios who actually own the music. If the studios don't like their behaviour they presumably have ways to influence it. But programmers dumb enough to contribute code to GPL projects that and leave in the disingenous "users may choose version 2 or a later version" may find that RMS writes later versions that users may opt for and those versions give those users rights over the programmer's employer's patents that the employer is not happy with.

      And quite frankly, that's the reason I want to see RMS fall flat on his smug face. AACS getting cracked doesn't really affect me, since I don't plan on buying HDDVD or Blue Ray.

      --
      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;
    128. Re:Bogus! by Knuckles · · Score: 1

      What's all this about AACS anyway? It's got nothing to do whatsoever with tivoization. And please, in which way does RMS/FSF force anyone to behave in a particular way? I just don't get it. Do they force anyone to use GPL'ed software? Now that would be a story.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    129. Re:Bogus! by Hal_Porter · · Score: 1

      Let's suppose I work for a big company with paranoid lawyers and a stock of patents. I use some "GPLv2 or later" code at work and contribute to it and my company distributes it. That's ok, but GPLv3 comes along and the lawyers don't like the clause about patents. But that doesn't matter because the users can opt to license under GPLv3 and thus demand a patent license. Or maybe not, but after users start opting to use GPLv3, my company's IP rights have been diluted in a way that neither my company nor I would have agreed to. You could say we've been forced to do something we don't want to.

      We're forced to open any code we link to GPL code too, so if someone plagiarised some GPL code and used it in some application which uses closed source code we licensed under an NDA from someone else, we have to break either the NDA or the GPL, even if the company as such didn't know about or agree to the plagiarism. We could be forced to open the source code to the stuff we bought a binary license for from a third party because some intern was lazy and dishonest.

      Saying no one is forced just shows you don't understand how the commercial software world works. Companies have patents on things they invented, and the license patents from competitors. And they license non GPL binary code from third parties and have no right to distribute the source code, or even access to it. If any employee starts to use GPL code, the company can end up in a situation where it simply can't comply with the GPL without getting sued. Compared to that, DRM like AACS seems quite benign - it's just companies trying to protect their intellectual property from pirates. The GPL is trying to abolish private property.

      --
      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;
    130. Re:Bogus! by FLEB · · Score: 1

      There are still some distinguishing factors you fail to mention, though. Not all "plugging in" causes damage, and not all "plugging in" is unauthorized. Sure, hacking the TiVo to receive copy-protected or restricted premium content without consent can be illegal, but that's only a small part of the possible hacks. A broad spectrum of useful content and services are publicly available, or could become available if a hack creates the need, and sometimes circumventable restrictions and achievable enhancements are the only thing standing in the way.

      There're still a world of hacks open that, although they may break people's over-dependent business models, are perfectly legal: Alternative OSs and feature enhancements, using different data sources, using the device in a completely different application, unlocking features... Hell, if we're talking TiVo, "Unbricking the thing without shelling out the gratuitous monthlies" is a legal and much-desired goal.

      Although there may be legal pitfalls to watch out for, not every black box, "No, you shouldn't", or "We don't support that" means illegal. At least for the moment, customers' adherence to your profitable business model is not necessarily an inviolable or legally-protected right.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    131. Re:Bogus! by shaitand · · Score: 1

      'You can update your GPL software to your heart's content, add features and functionality just like you claimed to want. Only one tiny detail, you can't break the security of the system and defeat the DRM.'

      No you can't, they have prevented you from accessing the hardware and that means if they have disabled access to a function in their vm layer you can't enable it. For instance, the modified linksys fireware that turned on speedbooster in lower cost models wouldn't have been possible under this scheme. That has nothing to do with DRM.

      Not that third party hardware DRM on a device that belongs entirely to me isn't a vile and evil thing. After all, its MY xbox (replace with any other relevant device, I've boycotted DRM'd hardware and don't own any), not microsoft's. User controlled digital signing is a great thing but that is the only valid use of DRM. DRM isn't needed for copyrighted material because there are already laws in place protecting those materials and using DRM to gain additional protections or to prevent any use that would be legal under the 76 copyright act is simply an abuse.

    132. Re:Bogus! by Anonymous Coward · · Score: 0

      I work on an in-house project implemented on top of MS Office,

      i.e. Hacking VBA scripts to use Excel as a databse...

  2. hmmm by wizardforce · · Score: 1

    I can't help but think this kind of tivoization will be horribly broken by the end of the year. there's likely a way that someone somewhere will figure out a way to wipe the whole mess and do away with this nonsense.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
    1. Re:hmmm by einhverfr · · Score: 1

      Not really.

      This sort of tivoization provides solid opportunities for DRM and GPL code to co-exist. Basically, the software need not be trusted with anything sensitive, such as unencrypted video. It is solid in the same way that SSL is solid.

      --

      LedgerSMB: Open source Accounting/ERP
  3. Can it really? by realdodgeman · · Score: 2, Interesting

    GPLv3 states that you have to be able to use modified versions of the code on consumer devices. How can you circumvent that? Even if it runs in a hypervisor, you are still violating the license.

    1. Re:Can it really? by keithpreston · · Score: 1

      Let's see, the hypervisor let's signed code do anything it wants, yet limits unsigned code to let say 1 meg of memory. I guess now you can recompile and run any code you want, it just won't work the same way that the signed code will.

    2. Re:Can it really? by iburrell · · Score: 2, Informative

      The GPLv3 states that you have to be able to use modified versions of the GPLv3 code. It doesn't say that the proprietary code has to work with modified versions of the GPLv3 program. Think of a Tivo which has an open-source kernel, userspace, and proprietary video program. If the video program refuses to work with anything other than a Tivo-provided kernel, then you may be able to upgrade the kernel but it won't be a Tivo just a hackable DVR.

      This can't be achieved when the kernel is running on the bare metal. Any trusted code in the kernel (which must have source code) can be hacked. But the hypervisor can be proprietary and provide trusted verification to the proprietary code. This is the Trusted Computing model. The GPLv3 requires that the GPLv3 code be able to work so there is no locking down the system to only run signed binaries. But it doesn't, and can't, require that other proprietary code work.

    3. Re:Can it really? by ocelotbob · · Score: 1
      By putting all the restricted software elsewhere. The easiest way to do it would be as such:

      Linux---UDP SOCKET---Nonfree Controller
      atop of
      Hypervisor running NetBSD/xen or otherwise

      All the linux side is doing is slurping encrypted data from a network socket, and storing it, and replaying that data. All the Linux kernel would be concerned about, or able to see, is that it's running on some xen box due to the hypervisor. All the nonfree kernel needs to do is take data from the encoder/decoder, encrypt/decrypt it, pass it on; it doesn't need disk controllers or any other real tricky parts. Neither side is fully aware of the other's existence, all they're doing is passing network traffic back and forth. Regardless of what updates you do to the GPL side, the DRM side invisible and protected unless there's some flaw found in the underlying hypervisor.

      In such a system, the GPL 3 is followed to the letter. You've got a fully open source operating system running in a virtual machine. Anti circumvention methods are neither needed, nor particularly useful. If someone wants to write their own frontend and storage controller, they're more than welcome to do so. All the interesting bits are safely on a flash chip elsewhere, free from prying eyes.

      --

      Marxism is the opiate of dumbasses

  4. Backfire in responce. by jellomizer · · Score: 4, Insightful

    the Anti-Tivoization clause is one the sore points in my book about the GPL 3. Because of the hippocraticy worded in it,
    For TiVo being a consumer product is Bad, IBM Being corporate product it is good.
    Free Software has a lot of advantages but if you try to get too academic with it it gets to a point where adoption of such products are impractical.
    Take the TiVo, what GPLv3 wanted to do was force TiVo to release their DRM so the community has access to their product. What actually happends is TiVo
    finds a backdoor to the license and uses it, or drops using open source and any stop to any shared contributions from TiVo and a move to a different
    platform.
    The License for free software is the cost of using the software. (Except for trading money (and rules) for rights to use, you agree to follow these rules for
    rights to use) as more rules you add to the license the more expensive the free software becomes. So if you make FreeSoftware to strict on its use
    people won't use it. Academically Free as in speech software sounds like a good plan but real life realizes there is information that you want to keep
    private.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Backfire in responce. by QuoteMstr · · Score: 5, Informative

      The goal of the GPL is to keep software free; the goal of BSD-style licenses is to ensure that high-quality software is used as widely as possible. They're conflicting goals, to an extent, though there's a big overlap.

      The GPLv3's anti-tivoization clause is true to the GPL's goal. When putting software under the GPL license, one accepts that it might not get as much use as BSD-licensed (or, as an intermediate, GPLv2-licensed) software, and that's the price for the code itself remaining free.

    2. Re:Backfire in responce. by Anonymous Coward · · Score: 1, Insightful

      hippocraticy? If big words give you problems, use a dictionary to learn how to spell hypocrisy. I mean, you're barely in the ball-park, the first and last letters match, and there's a "p" in the middle somewhere.

    3. Re:Backfire in responce. by JeremyGNJ · · Score: 1

      Well put! I wish I could mod this up!

      The fanboys forget that GPL is not end-all of software, and that it's really only practical in certain situations. Based on this type of circumvention, I think more and more developers will just go with other options.

    4. Re:Backfire in responce. by morgan_greywolf · · Score: 5, Funny

      hippocraticy? If big words give you problems, use a dictionary to learn how to spell hypocrisy. I mean, you're barely in the ball-park, the first and last letters match, and there's a "p" in the middle somewhere. No, no. I think he really meant hippocraticy -- a government for, of and by the hippos.

    5. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      The GP is correct with hippocraticy. Hippocraticy refers to the doctor's oath, but in this case means to do no harm to computer hardware.

    6. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      "The goal of the GPL is to keep software free"

      No idiot, the goal of the GPL is to spread the GPL. That is why the GPL is referred to as a viral license.

      The only way anyone can claim locking your code into the GPL is 'freedom' is using logic straight out of Orwell's 1984.

    7. Re:Backfire in responce. by fistfullast33l · · Score: 1

      What?

    8. Re:Backfire in responce. by vux984 · · Score: 1

      Take the TiVo, what GPLv3 wanted to do was force TiVo to release their DRM so the community has access to their product.



      No, that is the fundamental error that so many people make.

      That is NEVER what they wanted to do at all.

      What they wanted to do was to stop TiVo from redistributing GPL code that couldn't be modified and run on the purchased hardware it came with.

      This was never to 'force' TiVo to do anything except make a choice:
      Use the free (as in liberty) code covered by the GPL and extend those freedoms to those you redistribute it to. Or don't redistribute it.

      TiVo has always had, and still has the choice of switching to Windows, or BSD, or something else entirely if they want to lock the code up and bind it to specific hardware so only their version will run on their hardware.

      So if you make FreeSoftware to strict on its use people won't use it.

      The FSF is happy with people who want proprietary code to use their own propreitary code. They just don't want THEIR GPL code turned into someone elses proprietary code.

      Academically Free as in speech software sounds like a good plan

      It is a good plan.

      but real life realizes there is information that you want to keep private.

      Good point, but completely irrelevant. If you don't want to share your code, you don't have to. Just don't incorporate GPL code into your product and you won't have to.

      The people that contributed that code intended for it to *remain free*. If you can't abide by that don't use THEIR code.

    9. Re:Backfire in responce. by tepples · · Score: 1

      hippocraticy? If big words give you problems, use a dictionary to learn how to spell hypocrisy. Hippocracy and hypocrisy are two different things. Hippocracy is the government of the Houyhnhnms; hypocrisy is the government of the Yahoos.
    10. Re:Backfire in responce. by Mr.+Slippery · · Score: 2, Insightful

      The fanboys forget that GPL is not end-all of software, and that it's really only practical in certain situations.

      Free software advocates beleive that freedom is always practical, indeed is the only practical choice in the long run. I'm sorry if you don't value freedom.

      There's not any "circumvention" going on, any more than it's circumvention that I can processes running both GPL and non-GPL applications on my PC. Just some hypervisor hype from - surprise! - a hypervisor vendor.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    11. Re:Backfire in responce. by Rakishi · · Score: 1

      Yet if you sell your drm restricted product to a corporation or business there is no problem. You can restrict updatability as much has you want. Interesting definition of free you seem to have there. Free as long as one of our major supporters (IBM) isn't hurt by it, eh? Great moral based design you have there.

    12. Re:Backfire in responce. by ivan256 · · Score: 1

      The more restrictions you put on the use of code the less free it is.

      Period.

    13. Re:Backfire in responce. by DVega · · Score: 1

      Take the TiVo, what GPLv3 wanted to do was force TiVo to release their DRM so the community has access to their product.
      Wrong. What they want is to be able to use their hardware. If Tivo uses other-people software it seems fair for others to use their hardware.

      What actually happends is TiVo finds a backdoor to the license and uses it, or drops using open source and any stop to any shared contributions from TiVo and a move to a different platform.
      Fine with me. Can you tell me which are the contributions that Tivo have shared with the free-software world? I'm not aware of any relevant one. What I see is that Tivo used years of other peoples work for free and gave nothing in return. Free software inside a machine you cannot touch or modify is not free anymore.
      --
      MOD THE CHILD UP!
    14. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      Hippos is the Greek for horse; potamos the one for river. Hence we have hippopotamus or "river horse." Hippocraticy then is closer to a government by horses, but still kind of off from that.

    15. Re:Backfire in responce. by QuoteMstr · · Score: 1

      I don't like that part of the GPLv3 either, but you should understand the other side of the argument: it makes it possible to create a certified device using GPLv3 software. Imagine a voting machine using GPLv3d software, for example.

    16. Re:Backfire in responce. by WilliamSChips · · Score: 1

      GPL does not put restrictions on use of code. It puts restrictions on distribution of code, created to ensure the lack of restrictions on use of code.

      --
      Please, for the good of Humanity, vote Obama.
    17. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      ...hippocraticy...

      hehehahaAHAHAHAHAHAhahaHAhAhAhAhhAHHAHAh ...

      HAHAHAhAHAHAhAHAh LOL LOL LOLLERSKATES!!11one!!!eleventy1!!!

      the Anti-Tivoization clause is one the sore points in my book about the GPL 3

      It's a good thing your book is metaphorical. I'd probably die of a heart attack if I read it.

    18. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      Nonsense.

      Restrictions are *always* necessary for freedom.

      If there were no laws or social conventions nor restrictions on behaviour based on morality or ethics, you couldn't go anywhere without risking being killed (even accidentally by some reckless idiot). You'd either be always on the run or holed up in your room in order to survive.

      If there were no restrictions on counterfeiting, money would be worthless and you'd have to either go back to bartering (thus reducing the number of people you can trade with) or rely on some common standard that can't easily be counterfeited (i.e. nature provides the restriction).

      If your body were not restricted by your bones, you'd be a blob unable move (extremely restricted).

      Without strict restrictions on diet and allowing yourself to slack off, you lose the freedom and social envy that having the strength a body builder does.

      Show me any freedom, and I'll show you some (sometimes severe) restrictions behind them.

    19. Re:Backfire in responce. by poopdeville · · Score: 1

      There's not any "circumvention" going on, any more than it's circumvention that I can processes running both GPL and non-GPL applications on my PC. Just some hypervisor hype from - surprise! - a hypervisor vendor.

      Well, that's not exactly fair. If you're running a GPL kernel and a non-GPL application on your PC, you can set up a "rootkit" on the kernel to capture the non-GPL application's output, circumventing the manufacturer's DRM. This is why Tivo started using signed binaries. The hypervisor scheme makes this scheme impossible.

      But I agree. Using a hypervisor in this fashion is clearly not a GPL violation, in letter or spirit.

      --
      After all, I am strangely colored.
    20. Re:Backfire in responce. by Timothy+Brownawell · · Score: 1

      GPL does not put restrictions on use of code. It puts restrictions on distribution of code, created to ensure the lack of restrictions on use of code.

      There are many ways to use code which involve distributing it. Such as using it as a component of some other system you produce. This form of use is very much restricted by GPLv3.

    21. Re:Backfire in responce. by ivan256 · · Score: 2, Insightful

      Is distribution no longer a form of use?

      Since they love to use Tivo as an example, let's run with that. Isn't Tivo's (the company, not the device) use of Linux simply distributing single-purpose boxes that are run by it?

      Preventing a company like Tivo from distributing GPLv3 software on a closed device doesn't increase the freedom of the software. It doesn't even have anything to do with the freedom of the software. It's an attempt to impose openness on the hardware irregardless of whether the code itself is free. So not only is it a restriction on what you can do with the code, it's not even intended as a way to keep the code itself free, but to impose restrictions on others in exchange for a limited license.

      There are many other reasons that such a clause is counterproductive as well as making the license less free. Companies will either get around the clause by allowing the installation of modified versions of the GPLd portion of the product without allowing the closed portion to continue functioning if the user performs such an "upgrade" (section 6 specifically allows this), or they'll switch to either a more-free or proprietary solution.

    22. Re:Backfire in responce. by Jackmn · · Score: 2, Insightful

      Preventing a company like Tivo from distributing GPLv3 software on a closed device doesn't increase the freedom of the software. It doesn't even have anything to do with the freedom of the software
      Software doesn't have freedom - users do. In this case the GPL is ensuring that the end users of GPLed software retain the freedom to modify it. The GPL only restricts your ability to restrict the freedoms of others.
    23. Re:Backfire in responce. by Dachannien · · Score: 1

      Damn Hippocrats, always ruining things for the rest of us.

    24. Re:Backfire in responce. by CopaceticOpus · · Score: 1

      So would "hippocracy" be the term for a government by horses? Now I want to right a story about a hippocracy full of hypocrisy, just for the puns!

      Hippopotamacracy = Government by hippopotamuses

      I can't find any way to justify the "hippocraticy" formation. Hippocratically would be to govern (or apply power) in the manner of horses. Hippopotamacratically, well that would just be silly.

      I hope that one day, someone will search the web for the word hippopotamacratically and find this post.

    25. Re:Backfire in responce. by someone1234 · · Score: 1

      If TiVo found the spirit of GPL so horrible, why did they 'steal' the code licensed under GPL?
      They took it for free, giving nothing back.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    26. Re:Backfire in responce. by Alsee · · Score: 1

      No, no. I think he really meant hippocraticy -- a government for, of and by the hippos.

      Uhhhh......

      Michael Moore for president?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    27. Re:Backfire in responce. by Mr.+Slippery · · Score: 1

      circumventing the manufacturer's DRM. This is why Tivo started using signed binaries.

      Though they are related, Tivoization and DRM are seperate issues.

      The problem with Tivoization is that it attempts to take away my freedom to muck about with hardware by changing its firmware.

      The problem with DRM is that it attempts to take away my freedom to muck about with content.

      DRM may (or may not, I don't know) have been Tivo's motivation behind the orginal Tivoization.

      With Tivoization out of the picture, only closed software can practically be used to foist DRM on us. As the Free Software movement grows and people are less willing to accept closed software, DRM becomes unworkable.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    28. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      If there were no laws or social conventions nor restrictions on behaviour based on morality or ethics, you couldn't go anywhere without risking being killed (even accidentally by some reckless idiot).

      And thanks to the laws and social conventions, we've completely eliminated muggings, rape and murder! Thanks, mister morality!

    29. Re:Backfire in responce. by CopaceticOpus · · Score: 2, Funny

      Sigh... I was so enamored with my fanciful formations that I didn't notice I wrote the wrong write. Ah well.

    30. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      Precisely. Muggers, rapers, and murderers lack restrictions which is why they do what they do. The only reason you're able to go out alone at night (assuming you can) is that these people are the minority in society so the risks in exercising your freedom is small.

      I'll go further. In many communities, you can leave your front doors wide open at night (with only a mesh to keep out flies) or leave valuables on your lawn without having to worry about anyone walking in or stealing the valuables. The reason you have the freedom to do so is because you have a high degree of confidence that no-one else will exercise their freedom to steal from you (or do worse), either because of morality/ethics or because of social conventions (with several social consequence that make theft not worth the gain) or because others fear the legal consequences.

    31. Re:Backfire in responce. by SanityInAnarchy · · Score: 1

      Read my sig.

      The goal of GPL isn't to prevent TiVo from implementing DRM, or to release it to the community. (I'm not even sure what you mean by "release their DRM" -- do you have the slightest clue what you're talking about?)

      The goal of the GPL is to prevent TiVo from getting a free ride with our code that we pour blood, sweat, and tears into.

      If you want to write DRM, fine. If you want to write code that murders children, go right ahead. I don't agree with it, but I certainly can't stop you with a license.

      But if you think I'm going to write the code for you, for free, to enable you to do something I disagree with so strongly, you're dumber than I thought.

      --
      Don't thank God, thank a doctor!
    32. Re:Backfire in responce. by roystgnr · · Score: 1

      Hippocraticy then is closer to a government by horses, but still kind of off from that.

      Could it mean "a government by horses' asses"? Because I think I've actually seen a few of those...

    33. Re:Backfire in responce. by Aim+Here · · Score: 1

      "Because of the hippocraticy worded in it,
      For TiVo being a consumer product is Bad, IBM Being corporate product it is good.Free Software has a lot of advantages but if you try to get too academic with it it gets to a point where adoption of such products are impractical."

      You seem to misunderstand. The whole purpose of the seperation between end user products and non-end-user products is purely a pragmatic one and not academic or ideological. The problem stemmed from embedded devices for safety critical applications - medical equipment or airlines or your nuclear power plants, or whatever, where for regulatory reasons the user did not want to have the ability to change the code. The distinction in the GPLv3 that you're talking about is the most practical one, which simultaneously tells TiVO to fuck off, while letting your hospital put Linux in it's life support machines...

      "What actually happends is TiVo finds a backdoor to the license and uses it, or drops using open source and any stop to any shared contributions from TiVo and a move to a different platform."

      But both are better than having TiVO rape our free software. If TiVO has to find a backdoor to a license, that's just because GPLv3 made it hard for them to get in by the front door. If TiVo wants to screw its users and has to end up blowing $100 on an embedded windows license to do it, that gives the non-evil manufacturers a competitive advantage, if they want to use GPLed software for free, cutting their costs by $100 per unit. TiVo needs free software far more than free software needs TiVo. We have MythTV and Freevo for one thing.

      "The License for free software is the cost of using the software. (Except for trading money (and rules) for rights to use, you agree to follow these rules for rights to use) as more rules you add to the license the more expensive the free software becomes. So if you make FreeSoftware to strict on its use people won't use it."

      Yet they use Windows and MacOS, with heinous and evil licensing conditions, much more draconian than GPLv3. And with hefty price tags to boot. The rules in the GPLv3 don't seem to be a big problem to it's uptake.

      "Academically Free as in speech software sounds like a good plan but real life realizes there is information that you want to keep private."

      Linux and GNU are thriving at the moment, far in excess of anyone's expectations. Real life seems to be telling you you're wrong.

    34. Re:Backfire in responce. by CODiNE · · Score: 1
      For TiVo being a consumer product is Bad, IBM Being corporate product it is good.


      That's just silly, it's not about which company it is, it's what they do with the code they use. Everything would be just peachy with TiVo if they supported the goals of the GPL like IBM seems to be doing. We'll see how it goes with IBM, if they substantially change their practices and start abusing GPL'd code then we'll see their popularity tank as well.

      --
      Cwm, fjord-bank glyphs vext quiz
    35. Re:Backfire in responce. by nasch · · Score: 1

      The FSF is happy with people who want proprietary code to use their own propreitary code. Actually, didn't Stallman say proprietary software is unethical? I don't know if that's the FSF's position or just his, though.
    36. Re:Backfire in responce. by nasch · · Score: 1

      If TiVo found the spirit of GPL so horrible, why did they 'steal' the code licensed under GPL? They took it for free, giving nothing back. I don't know if that was your intent, but I think you answered your own question. They used it because they could do so without paying, and they don't give a flying [animal]'s [body part] about contributing to the codebase or community.
    37. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      No, no. I think he really meant hippocraticy -- a government for, of and by the hippos.

      No, no, I think you mean: hippocracy -- a government of and by the hippos.

      What he really meant was hippocraticy -- of or like a Greek physician.

    38. Re:Backfire in responce. by vux984 · · Score: 1

      When I said the "FSF is happy..." I only meant that the FSF isn't out to forcibly stop people from using proprietary code. Their only effort in that regard is educating about the superiority of free software. While they might prefer the rest of the world adopt their stance, they co-exist peacefully with the rest of the world.

      The only time the FSF gets 'forcible' is when someone (like Tivo) tries to co-opt THEIR software and put it into a system that denies the end users the freedoms that the software was specifically gauranteed to come with.

      So if the FSF is 'angry' with you, its because you've taken GPL code and tried locking it up. To get them off your back you can either a) comply with the terms (and better still the spirit) of the GPL, or b) stop redistributing gpl code.

      A lot of people think the FSF is trying to force Tivo to open up. The reality is they don't give a crap what Tivo does as long as they don't distribute gpl code without passing on the full set of freedoms. That can solved by Tivo opening up -- or it can be solved by Tivo ceasing to redistribute GPL code. Either solution is acceptable.

      If Tivo goes the route of ceasing to distribute Linux, some people think that is a pyhrric victory - that actually harms the FOSS community. But the FSF believes, rightly I think, that more harm is actually done to the community if let people get away with leeching away our rights to use and modify free GPL code.

      Really, what is the value to the community of a company using GPL code if they lock up their modifications in DRM and/or patents.

    39. Re:Backfire in responce. by westlake · · Score: 1
      Free software advocates beleive that freedom is always practical, indeed is the only practical choice in the long run. I'm sorry if you don't value freedom.

      "In the long run we are all dead."

      TiVO sells its PVR as a plug and play household appliance.

      Its customers expect TiVO to negotiate all the legal and technical hurdles to delivering a marketable product. No HBO, no PPV, no sale.

      Its customers expect service under warranty and upgrades from a single, trusted, source. They have no interest in cracking open the box, mucking with the the hardware or software.

    40. Re:Backfire in responce. by coryking · · Score: 1

      In this case the GPL is ensuring that the end users of GPLed software retain the freedom to modify it. The GPL only restricts your ability to restrict the freedoms of others. What if we threw a war and nobody came?
    41. Re:Backfire in responce. by Anonymous Coward · · Score: 0
      "the Anti-Tivoization clause is one the sore points in my book about the GPL 3. Because of the hippocraticy worded in it, For TiVo being a consumer product is Bad, IBM Being corporate product it is good."

      Um, no. You have to be able to use DRM for certain things in business (that IBM coincidentaly provides), like Sarbanes-Oxley software and systems.

      BTW, it's obvious that the GPL is there to protect users and developers. In a business environment, the business owner has more financial leverage than your ordinary consumer, so it has to favor the consumer. Also, if IBM uses DRM in an evil way, that also shows up in their consumer products and the customer can choose to boycott IBM through their actions.

    42. Re:Backfire in responce. by at_slashdot · · Score: 1

      That would a government for, of and by the horses. "hippo" means horse in Greek.

      --
      "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
    43. Re:Backfire in responce. by Mr.+Slippery · · Score: 1

      "In the long run we are all dead."

      Yes, and so what? Imagine the Founding Fathers with that attitude..."for ourselves and our posterity? Eh, screw it." Knowing that I'm going to die, I'd like to leave the planet a little better than I found it.

      Its customers expect service under warranty and upgrades from a single, trusted, source. They have no interest in cracking open the box, mucking with the the hardware or software.

      What a strange model. When I buy a car, a house, a musical instrument, a guitar amp, a PC, or pretty much anything else, I expect to be able to have anyone I choose do repairs and upgrades on it. No, I don't have an interest in cracking open my car's transmission, mucking about with the gears; but I do expect to be able to hire the mechanic of my choice to do so for me.

      It used to be this way with consumer electronics, too; once upon a time, there were actually places you could take a TV set or a radio to have it repaired - and these were independent businesses! They competed fairly with each other to provide good service.

      I believe that vendor lock-in in consumer electronics is a bad thing, a temporary aberration caused by the fact that a generation of products was pretty much disposable, made as a single unit with chips that couldn't be reprogrammed or replaced. It will not stand as a business model.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    44. Re:Backfire in responce. by gatzke · · Score: 1


      How is Tivo's use not free? You can get their source and you can recompile it and use it.

      AFAIK, you can't get their source and use it on your hardware due to encryption/DRM issues, but you can use it on other hardware. So you can't take out the content control bits and run it on a Tivo box.

      You still have the source, you can use it for what you want (as long as you want to do something possible). Running your own binaries on a Tivo box is not possible.

    45. Re:Backfire in responce. by knewter · · Score: 1

      hippocraticy? What do doctors have to do with this?

      --
      -knewter
    46. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      Jesus, what a dumbfuck!

    47. Re:Backfire in responce. by 7-Vodka · · Score: 1
      Hear Hear. Mod parent up.
      Unfortunately, this is a mistake made all too often by the anti-GPL side and the making of this mistake is a clear sign of their ignorance. If someone truly understands the GPL (which you should if you want to get involved in the relevant discussion) they would have read it, it's preamble and the reason for it's existence.
      The license is here to protect the freedom of the software user. Not the software distributer. Not the software developer. Not the sales clerk. Not the lawyer. The user.

      If you can't understand this or are plain ignorant, then just don't talk. If you come out with some silly argument as the grand parent post does based on the GPL supposedly protecting the 'freedom of the software' (whatever the fuck that means) you just look like an ass.

      Maybe we should change the name from the "free software movement" to the "free software-user movement" to help idiots like that one because they do seem to be quite plentiful.

      --

      Liberty.

    48. Re:Backfire in responce. by someone1234 · · Score: 1

      I responded to this:
      >So if you make FreeSoftware to strict on its use
      people won't use it.

      I said: who the f..k cares with people who steal like TiVo. This is the main difference between BSD and GPL. BSD people are happy if their code is raped, GPL people don't assist in it.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    49. Re:Backfire in responce. by gi.net · · Score: 1

      Free Software is not a company producing softwares with a license made to piss others.

      You have programmers who say this:

      "I've made this software. You can use it as much as you want with this condition: if you modify it and distribute the modified version, I want you to distribute the modification the same way I did. If it is too hard for you to comply, don't use the software I made."

      Is it difficult to understand ?
    50. Re:Backfire in responce. by Eivind+Eklund · · Score: 1

      The fanboys forget that GPL is not end-all of software, and that it's really only practical in certain situations.

      Free software advocates beleive that freedom is always practical, indeed is the only practical choice in the long run. I'm sorry if you don't value freedom.

      Word games.

      If you really valued freedom, you would give away your software under a license giving away complete freedoms - that is, as public domain. But you don't value freedom.

      Oh, you noticed that this was word games, too?

      Then stop yours.

      All of our licenses is about trading some forms of freedom against other forms of freedom. Various variations of these trades apply in different situations. A careful analysis of the situations and how various choices affect them is, in my opinion, the only way to get REAL freedom out of it. In this, the different licenses are mere tools, and the actual activity around the software - writing it, copying it, modifying it, with people doing it for love or for money or a combination, with money ultimately providing the possibility (as people have to live) - are the things to analyse. Sometimes the restrictions of the GPL are the way to go. Sometimes the freedom of the BSD style licenses is the way. And sometimes something else.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    51. Re:Backfire in responce. by coryking · · Score: 1

      If someone truly understands the GPL The only way to understand a legal document is reading the legal document. The preamble and the FAQ are useless bullshit. They only give political ammunition when companies like Tivo follow the legal document to the letter. You cannot haul somebody into court for breaking the FAQ that was never included in the distribution.

      Maybe we should change the name from the "free software movement" to the "free software-user movement" to help idiots like that one because they do seem to be quite plentiful Maybe you should stop reading the ass-end of 1984 and be upfront about what the GPL is. Trying to redefine commonly used words makes you look like you are pushing your cult. The GPL is merely a way to insure that the source code for software always follows the binary upon distribution. That is all it is. Period. It is not a religion. It isn't a movement. It isn't going to take over the world.

      The GPL is merely a legal document that attempts to spell it out. Under my definition, the GPL sounds pretty reasonable for some kinds of community projects.

      Once you start frothing at the mouth, redefining English and being an overall jackass is when most people tune out. Look pal, software is a tool okay? The GPL is (or really was prior to v3) a great tool for people who want to create software projects and are worried about people leeching their effort. That is all it is. Once you accept that, your framework of living becomes easier.

      Maybe someday you actually could take over the world, but I'll give you a hint, you'll have to let binary drivers into Linux first. And that means you'll have to understand that the GPL isn't religion and there are other ways to distribute software.
    52. Re:Backfire in responce. by lucs · · Score: 1

      You mean "hippocracy", of course, of course.

    53. Re:Backfire in responce. by Mr.+Slippery · · Score: 1

      If you really valued freedom, you would give away your software under a license giving away complete freedoms - that is, as public domain.

      Placing a work in the public domain does not work toward freedom.

      If you do not grant others the rights you yourself enjoy, and indeed instead seek to have additional power over them, that is not freedom.

      But that situation is exactly what is allowed with public domain, and also with BSD style licences. It is what copyleft seeks to prevent.

      Oh, you noticed that this was word games, too?

      No, it's not "word games", it's simply incorrect to refer to public domain as "a license giving away complete freedoms". Public domain and BSD style licences allow for the authoritarian use of content - "I used work X freely to create my work Y, but if anyone tries to use work Y freely to create their own work Z, I will use the might of the federal government to stop them!" This not freedom. Freedom implies equality, while what the author of work Y demands here is submission.

      As the author of work X, I want to protect the freedoms of potential authors of work Z .

      In this, the different licenses are mere tools, and the actual activity around the software - writing it, copying it, modifying it, with people doing it for love or for money or a combination, with money ultimately providing the possibility (as people have to live) - are the things to analyse.

      Of course the actions are what is significant, the licenses tools. And of course people must make a living.

      That doesn't mean that it is right to make a living by actions which degrade the freedoms of others.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    54. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      > Because of the hippocraticy worded in it..

      I'm sorry, but I disagree. I don't think GPL v3 is about "government by hippos".

    55. Re:Backfire in responce. by Tim+C · · Score: 1

      Well, if someone takes some BSD-licenced code, modifies it, and distributes the modified binaries without source, the original code is no less free for that.

    56. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      Ignoring your pretentious blathering, do you expect to take your applications to a shop to have bugs fixed?

    57. Re:Backfire in responce. by 7-Vodka · · Score: 1
      I ain't your pal dickhead. I also ain't part of a cult or a movement.

      Dickhead wrote: "The preamble and the FAQ are useless bullshit"

      Since you're an ignorant bastard, let me fill you in. The original post was implying the GPL was created to protect the freedom of software. Sorry but software doesn't have freedom and if you are going to argue about WHY the GPL was created you need to read the documents which contain the reason for it's creation as listed by it's creators.
      IE. Those are relevant documents when discussing the creation of the GPL. DUH.

      As to redefining English? I ain't redefining shit. You can't tell the difference between a 'software user' and a 'software distributor' (the only things I highlight in my post) then you have bigger problems.
      By the way, as to your "definition" of the GPL or you telling me what to "accept" in your post, GO FUCK YOURSELF. I already don't like you and think you're a dickhead, you think I'm going to listen to what you tell me to accept?

      PS: I ain't part of the software movement. I'm merely someone who laughs at people who comment on the GPL when they're clearly ignorant (the freedom of the software AHAHAHAHA) and likes to flame dickheads like you. XoXo kisses

      --

      Liberty.

    58. Re:Backfire in responce. by Eivind+Eklund · · Score: 1

      If you really valued freedom, you would give away your software under a license giving away complete freedoms - that is, as public domain.

      Placing a work in the public domain does not work toward freedom.

      If you do not grant others the rights you yourself enjoy, and indeed instead seek to have additional power over them, that is not freedom.

      The rights you have: To license it how you see fit, make modifications to it that you can license how you see fit, and to present yourself as the author of the work. Those rights are the rights you give away with placement into the public domain.

      As far as I can tell, you seek to have additional powers over people beyond that. You seek to dictate their actions based on some type of morality, done by removing their freedoms.

      Oh, you noticed that this was word games, too?

      No, it's not "word games", it's simply incorrect to refer to public domain as "a license giving away complete freedoms". Public domain and BSD style licences allow for the authoritarian use of content - "I used work X freely to create my work Y, but if anyone tries to use work Y freely to create their own work Z, I will use the might of the federal government to stop them!" This not freedom. Freedom implies equality, while what the author of work Y demands here is submission.

      But this wasn't a question of whether the author of Y gave freedom. It was a question of whether the author of X gave freedom. You are arguing that the author of X should not give freedom, because of the potential of an Y not giving freedom.

      As the author of work X, I want to protect the freedoms of potential authors of work Z .

      In this, the different licenses are mere tools, and the actual activity around the software - writing it, copying it, modifying it, with people doing it for love or for money or a combination, with money ultimately providing the possibility (as people have to live) - are the things to analyse.

      Of course the actions are what is significant, the licenses tools. And of course people must make a living.

      That doesn't mean that it is right to make a living by actions which degrade the freedoms of others.

      Let me come with a concrete example of "restricting freedom" creating greater freedoms here: I used to work for a company that made ISDN router/mail/proxy boxes based on FreeBSD. This included a variety of kernel patches and a bunch of system patches, the totality of this sold as a product to about a hundred customers (more were planned, but it didn't turn out that way.)

      The product would not have been made without the ability to have discretion in what patches to give away and which to keep. We ended up giving back about 90% of the patches, keeping the rest proprietary because they were either too low quality to push upstream, or they were totally specific tuning mods that were not appropriate upstream.

      Now, the customers gained the freedom to have a box that did what they needed. This is a freedom they would not have had if we hadn't created the box, so not gaining the additional right to create more boxes themselves can't be seen as "degrading" (and we wouldn't have been able to give them the additional freedom we did without the ability to give the freedoms separately.)

      Incidentally, the FreeBSD community gained the freedom of using those of the patches that were appropriate for them, patches that would not be available otherwise.

      If you see any "degrading of freedom" in this, please detail. As far as I can see, the overall freedom level went up for everybody, by giving them more and better choices, including creating more free software.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    59. Re:Backfire in responce. by Anonymous Coward · · Score: 0

      The goal of the GPL is to keep software free; the goal of BSD-style licenses is to ensure that high-quality software is used as widely as possible.

      I read a good description (probably on Slashdot) of the difference between the GPL and BSD licences:

      GPL ensures the freedom of software users
      BSD ensures the freedom of software developers

      As such, both licences are about freedom, but they are concerned with different types of freedom.

    60. Re:Backfire in responce. by Mr.+Slippery · · Score: 1

      The rights you have: To license it how you see fit...

      "Licensing" a work mean is an ability to call on government force to prevent others from using it. That is not freedom.

      Copyright (a precondition for licensing) is not a right that a person has in the same sense as a right to freedom of speech. It is an artificial creation. The state recognizes an a priori right to free speech, but a right to restrict copying is created de novo by an act of Congress. (The power to create such a thing is assigned to Congress by the Constitution, but Congress is not required to use this power.)

      This creation is meant to promote scientific and artistic development. But it does not do so when applied to software. (Whether it does, or ever did, when applied to other fields, is another topic for debate.) Development in the field of software is promoted when freedom - freedom to use, share, and modify - is recognized and encouraged.

      You are arguing that the author of X should not give freedom, because of the potential of an Y not giving freedom.

      Not at all. X is giving freedom. Allowing Y to act authoritatively would not be giving freedom.

      Telling Y "You can't take away Z's freedom" is not taking away Y's freedom, any more than telling Y "By the way, you can't shoot Z in the face with this shotgun I'm about to sell you."

      The product would not have been made without the ability to have discretion in what patches to give away and which to keep....If you see any "degrading of freedom" in this, please detail.

      The existence of an environment in which this is the case, in which the freedoms to use, share, and modify software are limited and discouraged, is the problem. Actions which promote and perpetuate such an environment are degrading to freedom.

      If your patches were of low quality, why were you sending them out as binaries to your customers? It sounds like using the BSD license rather than the GPL resulted in low quality code.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    61. Re:Backfire in responce. by Eivind+Eklund · · Score: 1
      Your primary argument seems to be "White is black, because I say so" - "Taking away freedom isn't taking away freedom because another way of taking away freedom isn't taking away freedom, because I refuse to entertain that freedom is a zone of shades of grey."

      You are making ECONOMIC claims. Do you understand economics and game theory? For instance, do you understand why becoming irrational in anger is a rational advantage?

      These are not rethorical questions, really - they are requirements for a sane debate. If you do not have this competence, you are not competent to have opinions in this area. If you want to have a decent opinion - if you want to contribute to understanding rather than noise - you need to make yourself qualified before arguing these points, as just arguing will lead to your opinion strengthening EVEN WHEN IT IS WRONG.

      So, I ask if you are competent - and if you are not, if you're willing to ask questions about the topics and learn about them, rather than game around with words convincing yourself deeper and deeper of something without going the rational route.

      I'm skipping further arguments until we get this stuff cleared out. I just have one comment about an additional misunderstanding of yours, WRT patch quality. You assume that there is only one dimension to development quality. There isn't. For FreeBSD, strict style guidelines are important, and throughout consistency in the codebase is important, including full documentation updates etc. For a number of the patch types we did, this was not relevant for our use; the code functionality was 100% for the customers, and the code quality was adequate for maintenance; the correct tradeoff was to stop development of some parts when they worked 100%. Doing them correctly for various subtle aspects of style (the obvious ones of formatting and naming were of course OK) would be significant extra work, work that was inappropriate for our mission yet with my FreeBSD hat on I saw it as inappropriate to commit them without fixing them.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    62. Re:Backfire in responce. by Mr.+Slippery · · Score: 1

      Your primary argument seems to be "White is black, because I say so"

      How odd, because that's exactly the opinion I was forming of your arguments, your inability to understand the concept of freedom, especially as applied to software.

      You assume that there is only one dimension to development quality.

      Pardon me, but you are the one who said some of your patches were of poor quality. If you do not specify that your evaluation applies only along one axis, almost any reader will take it as meaning that the code was poor in most or all respects.

      Doing [patches] correctly for various subtle aspects of style (the obvious ones of formatting and naming were of course OK) would be significant extra work

      And why in the world would you have to stylize your source code to the standards of the FreeBSD project before giving it to your customers? You seem to lack a fundamental undesrstanding of what the Free Software movement wants and the GPL requires.

      You think I don't understand economics; I think I at least grasp the relevant basics. I think you don't understand the Free Software movement; you probably think you at least grasp the relevant basics.

      So, yes, further discussion at this point is probably useless. But thanks for playing, it's been fun.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    63. Re:Backfire in responce. by Eivind+Eklund · · Score: 1
      No, I don't see myself as "understanding the basics" - I see myself as having a deep understanding acquired over the almost twenty years since I first started sniffing at free software.

      I am a (presently inactive) committer for FreeBSD and have been for over 10 years. I had considered myself part of the free software movement for years before that, though not very active. My way of thinking is that I want more free software, not less proprietary software. I see the increase in free software and free software use as increasing freedom; I see blocking the creation of proprietary software for the niches that free software can't serve as decreasing freedom. I include increasing expense until it is prohibitive in "blocking", as that is the only kind of blocking that can happen.

      You are, as far as I can tell, arguing that this blocking is "increasing freedom". That's what I see as "black is white".

      And no, I would not have to follow the style rules for FreeBSD to deliver to customers; that is the point. From the point of view of the customers, the patch is of good quality. From the point of view of FreeBSD, however, something that doesn't follow the style rules is of bad quality, and I can't commit it.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  5. No, they can't. by strredwolf · · Score: 3, Informative

    Simply put, if any part of the firmware is GPL 3'ed, even if it's running under a VM, it still requires the ability to replace it by the user w/o authorization from the factory. If I remember the license and discussion about it, it's "if it's in there, it's there for all."

    --

    --
    # Canmephians for a better Linux Kernel
    $Stalag99{"URL"}="http://stalag99.net";
    1. Re:No, they can't. by everphilski · · Score: 1

      Sure, go ahead and swap out whats in the VM. The VM is just handling the boring bits. The proprietary shit is behind the hypervisor.

  6. Don't you love it when by Rosco+P.+Coltrane · · Score: 1, Interesting

    Legalese dictates engineering choices?

    Do they really think software these days isn't slow and bloated enough without the additional burden of context-switching, just to circumvent the licensing problems?

    I equally despise Microsoft and RMS these days...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Don't you love it when by JeremyGNJ · · Score: 2, Insightful

      Yes. When people use legalese to try to lock down software into "freedom" (GPL 3), then people use legalese to get around it.

    2. Re:Don't you love it when by jellomizer · · Score: 1

      Clap! Clap! Well put. For most people we liked Open Source because we didn't need to reinvent the wheel just tweek what was working and just as long as we gave the code back to the community and let the community to do the same with your code is one thing. But it is a game where we cant use Open Source any more because there are to many restrictions to prevent "Evil" Use so unless you think like exactly like RMS and has his exact values of good and evil, Open Source is too restrictive... Conversely Microsoft and closed source you can't fully use because there are to many restriction to prevent "Inconvenient" use such as making the wrong modification that step on Microsoft and make them look bad. So either we find ways around the licenses to get our work done or we reinvent the wheel over and over again.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Don't you love it when by QuoteMstr · · Score: 1

      What are you talking about? If you don't like the GPLv3's restrictions, use the GPLv2 for your code. Or the BSD license.

      I happen to think that the GPLv3 is appropriate for many projects, but it's ultimately up to the creator to choose the license, not you.

    4. Re:Don't you love it when by fsmunoz · · Score: 1

      You are describing your own interpretation of "Open Source" and attacking the FSF because apparently the GPLv3 doesn't conform to it.

      Not even considering that the FSF as never used the term "Open Source" - and as actively distanced itself from it - you're description fails to cover BSD/X11/ISC type licenses, that don't require giving the source back to the community. You shouldn't narrow the world of free software to only GPL'ed covered code IMO.

      As for being too restrictive, well, if you do find it that way there are many licenses out there that would surely be adequate for your needs. The GPL has *always* been more about a specific social goal than the promotion of a development methodology. That was clear from the onset, and made cleared with the GPLv2 and the anti-patent clauses it added. They too put further restrictions on the license as a way to achieve the desired goal.

    5. Re:Don't you love it when by SanityInAnarchy · · Score: 1

      For most people we liked Open Source because we didn't need to reinvent the wheel just tweek what was working and just as long as we gave the code back to the community and let the community to do the same with your code is one thing.

      That is what GPL does. Nothing more, nothing less.

      The only difference is, GPLv3 closes some loopholes in which people could take GPLv2 and not actually give back to the community. They would give you the code, but you couldn't actually do anything with it.

      --
      Don't thank God, thank a doctor!
    6. Re:Don't you love it when by Anonymous Coward · · Score: 0

      You despise RMS ? But he fights for the users.

    7. Re:Don't you love it when by Anonymous Coward · · Score: 0

      Software is bad nowadays because of idiots like you. Thanks mate!

    8. Re:Don't you love it when by TheAwfulTruth · · Score: 1

      How can you "use" GPL2 whern the code you are trying to "use" is all GPL3?

      You CANNOT link, talk to, sit next to, or spit at any GPL3 code with any GPL2 code that you may WANT to use or release. As soon as everything moves to GPL3, GPL2 is NOT an option on Linux any more.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    9. Re:Don't you love it when by Draek · · Score: 1

      welcome to 2007, where you can be thrown into jail for writing a software to make backups of your own DVDs, or even for failing to write a proper logging software for your webserver.

      legalese invaded engineering a fucking long time ago, the FSF and the OSS movement are just fighting fire with fire. If you want to hate somebody, hate the US' government who created this mess in the first place.

      --
      No problem is insoluble in all conceivable circumstances.
    10. Re:Don't you love it when by Anonymous Coward · · Score: 0

      I spit at it all the time

  7. GPLv3 is like DRM in that respect. by LWATCDR · · Score: 1

    You are trying to use the law to stop people from using technology. You make rules that say you can not make a hard to modify device that runs Linux like a Tivo. They make it hard to copy a DVD. Both groups will find a technical way around the problem. The sad thing is that GPLv3 treats "professional" systems differently than "consumer" systems! May both sides have fun trying to write around technology.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:GPLv3 is like DRM in that respect. by WilliamSChips · · Score: 1

      No, the GPLv3 is trying to use the law to ensure people can use the technology they, the consumer, wants to.

      --
      Please, for the good of Humanity, vote Obama.
    2. Re:GPLv3 is like DRM in that respect. by LWATCDR · · Score: 1

      Get past the religion of FOSS for a second. GPLv3 is telling a group of users aka the developers how they can use GPLv3 software. So some developers have found a loophole.
      My post doesn't have anything to do with if FSF is right or wrong. It has everything to do with the futility of trying to write some agreement that limits the use of digital technology.

      For example if I really wanted to make a closed device all I would need to do is create my own CPU. I then make my own code generator for GCC.
      I then compile my Linux distro using that GCC and put it on my device.
      Sure you can have the source to my OS but since I am not going to distribute GCC I don't have to give you my compiler or document my CPU.
      If you are willing to reverse engineer my CPUs ISA then you could write your won GCC and then compile the GPL code I wrote.
      But I don't even have to create my own hardware CPU I could create a VM with a JIT for the bitecode not GPL that and run it on a standard CPU.
      Just like DRM it is war that can not be one with legal writing.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:GPLv3 is like DRM in that respect. by Smeagel · · Score: 1

      People are missing a pretty huge element in this GPL is DRM thing.

      Linux is free. You didn't pay for it, you don't own it. You're allowed to use it - for free - providing you play by their rules.

      Music and movies are intellectual content you PAY to own. Once you have actual ownership of it, you should have more fair usage rights. But you can't complain about restrictions on using something that is 100% free - simply don't use it, you didn't pay for it anyway..

    4. Re:GPLv3 is like DRM in that respect. by Chandon+Seldon · · Score: 1

      This technique doesn't prove the anti-tivoization requirement in the GPL futile at all. The requirement in the GPLv3 is to allow people to run modified versions of the GPLed software - and this is exactly what this technique allows the end user to do. This isn't thwarting the GPL - this is the GPL succeeding.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    5. Re:GPLv3 is like DRM in that respect. by nasch · · Score: 1

      I don't think that's the point at all. Firstly, I can use GPL software however I want. No restrictions. The GPL only restricts how I can distribute the software. Secondly, the rights you have have nothing to do with how much you paid for the software, rather they are specified by the license. If you violate the license, (IIUC) your rights revert to what you would have under copyright, which is less than the GPL grants you. I needn't complain about the restrictions on distributing GPL code, not because I didn't pay for it, but because the license is right there and it's my responsibility to know my rights. Also, if you legally obtain music or a movie for free rather than paying for it (for example the copyright holder is giving it away or it's public domain) does that reduce what rights you have in using it? Of course not. It's not about the money.

    6. Re:GPLv3 is like DRM in that respect. by wizardforce · · Score: 1

      they dont have to use software under GPLv3, they can use GPLv2 if they want or even BSD but one thing they damn well are going to do is follow GPLv3 if they use software under GPLv3.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    7. Re:GPLv3 is like DRM in that respect. by LWATCDR · · Score: 1

      Linux is free of cost but not all GPL software is free of cost. There is Nothing that says you can not sell GPL software. You just can not prevent others from selling the same software.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    8. Re:GPLv3 is like DRM in that respect. by LWATCDR · · Score: 1

      Not exactly that VM since it doesn't need to be GPLV3 can be locked in. Trust me just as with DRM trying to legislate technology just will not work.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    9. Re:GPLv3 is like DRM in that respect. by Chandon+Seldon · · Score: 1

      Not exactly that VM since it doesn't need to be GPLV3 can be locked in.

      Yea, the GPL doesn't restrict how you redistribute non-GPL software.

      Trust me just as with DRM trying to legislate technology just will not work.

      I'm not sure how this is related to anything. The GPL is a software license, not a law. Using software licenses to restrict the legal copying and redistribution of software has worked for a very long time.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    10. Re:GPLv3 is like DRM in that respect. by coryking · · Score: 1

      I'm not sure how this is related to anything. Both are trying to protect their intellectual property with law. That is how it is related.
    11. Re:GPLv3 is like DRM in that respect. by LWATCDR · · Score: 1

      Exactly and both are doomed to fail or will become so convoluted that it just will make the software useless.
      Just like Microsoft trying to outlaw mod chips.
      The only difference is a lot of people on Slashdot want the GPLv3 to work.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    12. Re:GPLv3 is like DRM in that respect. by Chandon+Seldon · · Score: 1

      Both are trying to protect their intellectual property with law. That is how it is related.

      Ahh... now I see where you're coming from.

      Copyright law has worked very well for hundreds of years as an industrial regulation. Legally restricting how and what companies sell actually works pretty well. The problem with copyright law starts when people expect it to restrict non-commercial private uses by individuals.

      The GPL works fine because it treats copyright law as an industrial regulation. If a company violates the GPL, there is an obvious entity to sue and get a court ruling against. The violation is embodied in a product - frequently even a physical product like a router or a TIVO box, but there is always money involved for a court to be interested in. You're probably right that the GPL can do nothing about the case where someone distributes modified binaries without source on ThePirateBay, but that doesn't seem to come up in practice.

      Legislation supported DRM on the other hand *is* pointless. The activity it tries to restrict happens in private and non-commercially, so the law doesn't really apply to it in practice. Copyright law works well enough to stop bootleg DVDs in stores, but trying to constrain non-commercial private activity is pointless.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    13. Re:GPLv3 is like DRM in that respect. by coryking · · Score: 1

      The problem with copyright law starts when people expect it to restrict non-commercial private uses by individuals. Yes. And I'm fairly sure most of these kinds of things will fail because they are so complex people will not buy them. That I cannot record the Discovery channel on my SageTV in hi-def is enough of a reason that I will not be buying a new TV or upgrading my cable package. On the flipside, the FSF will fail for the same reason if it tries to escalate it's un-DRM. It will become so complex that developers will stop using it. Dont forget the GPL does not have a monopoly on open-source code and people can and will switch to another system.

      I'm starting to come to the conclusion that in the end the FSF and the RIAA/MPAA/BSA are actually allies chasing after the same goal. Both groups are trying to keep people from stealing intellectual property from the owner. They only differ slightly in how the intellectual property is distributed downstream of the owner, which is really a minor technicality.
    14. Re:GPLv3 is like DRM in that respect. by Chandon+Seldon · · Score: 1

      I'm starting to come to the conclusion that in the end the FSF and the RIAA/MPAA/BSA are actually allies chasing after the same goal. Both groups are trying to keep people from stealing intellectual property from the owner. They only differ slightly in how the intellectual property is distributed downstream of the owner, which is really a minor technicality.

      In that case, you're reading too many trolls on Slashdot for your information (or are trolling yourself).

      The FSF has published their rationale for all of their decisions and their actions have been very consistent with their claimed position. I suggest you actually go read some of the position statements that the FSF has published. I think you'll find that "protecting intellectual property" has very little to do with it.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    15. Re:GPLv3 is like DRM in that respect. by drsmithy · · Score: 1

      Music and movies are intellectual content you PAY to own.

      I pay nothing for radio and FTA TV.

      Once you have actual ownership of it, you should have more fair usage rights.

      You don't own it in any meaningful sense. You might own the media it is on (or not, eg: streaming video), but you don't own the work.

    16. Re:GPLv3 is like DRM in that respect. by fractoid · · Score: 1

      Linux is free. You didn't pay for it, you don't own it. [...] Music and movies are intellectual content you PAY to own. You don't OWN the movies and music on DVDs and CDs that you buy, any more than you own Linux if you buy a box set. You pay to own the DVD or CD itself, as a physical object. In neither case does your purchase transfer copyright to you. You may disagree with the copyright system as it stands, but that doesn't change the facts.

      Oooh boy, here I come +2,Troll. :P
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    17. Re:GPLv3 is like DRM in that respect. by drsmithy · · Score: 1

      Copyright law has worked very well for hundreds of years as an industrial regulation. Legally restricting how and what companies sell actually works pretty well. The problem with copyright law starts when people expect it to restrict non-commercial private uses by individuals.

      True, but that's mostly due to the (historically) extreme difficulty in enforcing copyright in that context. To the point that the futility of doing so has even been recognised in legislation (eg: format and time-shifting).

      DRM isn't doing anything outside the fundamental spirit and purpose of copyright (that is, it's giving the owners of the content as much control over it as possible). The problem is that it's now making 'policing' copyright on "non-commercial private use" possible.

      One of the few good things about DRM, is that it is exposing the basic problems with the whole concept of copyright. That whole "but it's just information" thing is hard for people to grasp when the information and the medium are difficult and/or (relatively) expensive to separate. Now that 'anyone' can make a million copies of something, practically instantly, at near zero cost, the flawed premise behind trying to treat information like physical property is becoming more obvious.

      Those with their snouts in the copyright trough have been watching this moment in time approach with dread since the first printing press was invented, and they're doing everything they can since then to avoid their deserved fate with the buggy-whip manufacturers.

    18. Re:GPLv3 is like DRM in that respect. by Chandon+Seldon · · Score: 1

      DRM isn't doing anything outside the fundamental spirit and purpose of copyright (that is, it's giving the owners of the content as much control over it as possible).

      That was never the fundamental purpose of copyright except in the wild fantasies of some distributors, and more recently in the minds of their pet legislators. Except for its very beginnings as a tool for censorship, the purpose of copyright has always been monopoly profits for the distributors (promoted as profits for authors).

      Don't let the US copyright industry frame the debate. I would like to suggest, very strongly, that you watch this video: Rick Falkvinge talks at Google, where the founder of the Swedish Pirate Party covers the interaction between copyright law and civil liberties and how we can fix that problem without needing to completely eliminate copyright in one go.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  8. Tivoization (n) by the_skywise · · Score: 3, Informative

    To help slashdotters not have to RTFA!
    (from the whitepaper link)
    "Device vendors are also required to provide access to the source code of the GPL programs (see PLv2 ï½3, GPLv3 ï½6), including "the scripts used to control compilation and installation of the executable" [Footnotes 4, 6]. However, the GPLv2 does not require that installed executables must work, which enables a mechanism the Free Software Foundation calls "Tivoization."

    "Tivoization," according to LinuxInfo.org, "refers to the configuring (by the manufacturer or vendor) of a digital electronic product that uses free software, so that the product will operate only with a specific version of such software." Technically, this means that a vendor of a product that uses GPL v2 programs could provide access to the source code, thus being compliant with the software license, but the product would be prevented from working if a modified version is installed, through the checking of the software image's signature."

    1. Re:Tivoization (n) by Todd+Knarr · · Score: 2, Informative

      Not quite. It means a vendor doing that and allowing itself the ability to update and change the software while at the same time preventing the user from doing the same. If the vendor simply made it impossible to change the software, for either the user or the vendor, then that'd be acceptable under the GPL. The GPLv3 is explicit about this: it's not a violation to put the software in ROM or the like that can't be changed, but if the software can be changed then the recipient must be able to change it. TiVo's issue is that they want the right to change GPL'd software themselves but not permit the people they distribute it to to do what TiVo does.

    2. Re:Tivoization (n) by tenyearsgone · · Score: 1

      Mod parent and grandparent up. First simple explanation of Tivoization in this thread.

  9. The more you tighten your grip, RMS, by everphilski · · Score: 0, Troll

    the more things slip through your fingers.

    1. Re:The more you tighten your grip, RMS, by DaleGlass · · Score: 1

      The GPL3 is perfectly in effect under this scheme.

      If I release source under the GPL3 and you use it in a Tivo-style box using this scheme, you still must release the modifications to that source, and you still must allow replacing it. Thus the GPL3 does exactly what it intended to do.

      All you get with this is the ability to stuff your chunk of proprietary code into the device in such a way that it's protected, while still satisfying the requirements of the GPL3 part. Big deal. You can only do that if you developed it fully independently and it's not linked to the GPL3ed binaries.

    2. Re:The more you tighten your grip, RMS, by fsmunoz · · Score: 1

      Well, if any slippage occurs (which in this case I doubt) there is always GPLv4 to deal with it. People that like to attribute everything to RMS apparently forget that the spirit of the GPL is attractive to a large number of developers, the FSF is made and supported by a large number of people and that just because one disagrees with something doesn't mean that it is a one-man conspirancy devoided of any actual support.

    3. Re:The more you tighten your grip, RMS, by everphilski · · Score: 1

      So, please, tell me, why did we go through the development of GPLv3 then? I thought this was one of the major tenents of GPLv3?

    4. Re:The more you tighten your grip, RMS, by DaleGlass · · Score: 1

      I don't understand what do you mean. Please explain.

    5. Re:The more you tighten your grip, RMS, by WilliamSChips · · Score: 1

      Have you actually read the new GPL, or are you just basing your predictions off of what Linus("I don't care about where the missiles go down", said Von Braun) and Microsoft are saying?

      --
      Please, for the good of Humanity, vote Obama.
    6. Re:The more you tighten your grip, RMS, by everphilski · · Score: 1

      one of the major bullet points of GPLv3 was anti-tivoization. What else is left? just the patent protection loophole? How long till that's broke?

      Also note this effectively provides a DRM work-around: as you can't GPLv3 your DRMing code, you most certainly can interop with DRM via the hypervisor. Probably also fucks over trusted computing... the code can run, but the hypervisor can shut down access to stuff it doesn't want access, or give a null driver, or reduced capabilities (see: PS3)

    7. Re:The more you tighten your grip, RMS, by DaleGlass · · Score: 2, Insightful

      No, it works just fine as far as anti-tivoization is concerned.

      The important thing here is that the GPL3 is a license that dicates terms only about the thing to which is applied. By that I mean, Samba is now under the GPL3, which means you can't tivoize Samba, but that doesn't say anything about whatever else you happen to include in the box.

      GPL2: You can take Samba, modify it, release the patches, but make the hardware refuse to load any other version. So for instance if those patches were needed to run on that specific device, you've effectively closed that branch of the source. Sure your patches are there, but since they're for that specific hardware and you control it, it's absolutely useless for everybody else, and goes against the intention of the GPL.

      GPL3: Under the GPL3 you MUST make Samba replaceable, VM or not.

      You seem to understand the anti-tivoization as that the whole device must be open if GPL3 software is used. This is incorrect. The GPL3 on Samba only applies to Samba, and that's the only thing that must be replaceable. The GPL intends to keep the software which it applies to "free" (according to the FSF's definition). The hardware only needs to cooperate to comply with the license on the specific code it's applied to. Anything else isn't included.

    8. Re:The more you tighten your grip, RMS, by NDPTAL85 · · Score: 1

      What he means is the GPL3 was designed specificially to prevent what is now happening from happening. Tivoization.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    9. Re:The more you tighten your grip, RMS, by DaleGlass · · Score: 1

      But it still isn't allowed. You can tivoize your own code all you want, but you still must allow the replacement of GPL3 licensed parts.

      The way I understand it, the GPL3 means that the device may not refuse to accept modified GPL3 software. Everything else may still be restricted as much as you please. So a device must accept a new version of bash (which I imagine must be GPL3 by now), but may not allow the replacement of a custom coded binary.

    10. Re:The more you tighten your grip, RMS, by everphilski · · Score: 1

      You seem to understand the anti-tivoization as that the whole device must be open if GPL3 software is used. This is incorrect.

      No shit. You missed my point. I never said anything of the sort. The hypervisor can keep the taint of GPLv3 for spreading to the rest of the device, IE, we can quarrantine a small segment of the OS to do menial tasks like networking and file sharing, and borrow GPLv3 code for that, because who cares if we have to let people mod it? We can then marry that code to DRM code via the hypervisor, circumventing the GPLv3.

      The hypervisor can also change the configuration of the hardware if it senses a re-configured GPLv3 version. You can argue this violates the GPLv3, but I'm not sure I see it. Look up a little ways for a discussion. The GPLv3 says it needs the manufacturer to share information to start and execute the application ('functioning'), it does not state that the hardware cannot modify itself, like the PS3 hypervisor disallows direct calls to its graphics subsystem.

    11. Re:The more you tighten your grip, RMS, by Anonymous Coward · · Score: 0

      the more systems slip through your fingers.
      There, fixed that for you.
    12. Re:The more you tighten your grip, RMS, by DaleGlass · · Score: 1

      Aha, I think I see now. Pretty clever. Well, I suppose RMS will have to release GPL 3.1 for that. It's still new, so no big deal.

      I'll have to make sure to add a clause to my software for that if RMS doesn't get around it first.

    13. Re:The more you tighten your grip, RMS, by Anonymous Coward · · Score: 0

      you can't GPLv3 your DRMing code

      You are full of shit.

      you can use code released under GPLv3 to develop any kind of DRM technology you like.
    14. Re:The more you tighten your grip, RMS, by fsmunoz · · Score: 1

      I'll have to make sure to add a clause to my software for that if RMS doesn't get around it first. Oh, the horror! You mean that the GPLv3 isn't a one-man world domination scheme imposed on poor, unable to know better developers, but that are people that actually agree with it and use if for their code because of that? Who would've guessed...
    15. Re:The more you tighten your grip, RMS, by Kjella · · Score: 1

      We can then marry that code to DRM code via the hypervisor, circumventing the GPLv3.

      Perhaps, perhaps not... it depends on how far courts stretch their understanding of derivate works. After all, if I use a library there's nothing of their code in my code, yet the GPL seems to be upheld to extend to my code for the combined work. Whether that combined work is on both sides of a VM boundary may change that, or not. I'd have a good lawyer on retainer if I tried.

      The hypervisor can also change the configuration of the hardware if it senses a re-configured GPLv3 version. You can argue this violates the GPLv3, but I'm not sure I see it.

      Quote the GPLv3: "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."

      --
      Live today, because you never know what tomorrow brings
  10. It's a simple legal matter by iamacat · · Score: 1

    Either Tivo is considered a derivative work of Linux or it's not. In the former case, the company is required to release the source code to both hypervisor and Windows CE or else cease shipping the device. In the later case, Linux developers have no business telling Tivo what to do with their own hardware and software. Neither should Microsoft have any legal say in people running Vista basic in a VM.

  11. isn't this obvious? by n+dot+l · · Score: 1

    Did I miss something in the article, because all I read is "GPLv3 code can exist in the same universe as non-GPLv3 code provided there are clear boundaries." Which just begs one to add "In other news, some still consider water to be wet."

    Seriously though, as far as I understand the article's intent it simply proposes using a hypervisor to isolate closed/locked code from GPLv3, providing the same type of boundary dynamic linking gives between (possibly closed/locked) OS libraries and any GPL application - except at a lower level.

  12. Going the other way... by JeremyGNJ · · Score: 2, Interesting

    Seems like the whole GPL 3 thing is "going the other way" if you step back and look at it.

    It used to be that the restrictions on proprietary code caused people to want other options, and jump through hoops to get around the restrictions.

    Now people will be doing the same to deal with the restrictions of GPL 3.

    Seems that the "spirit" of open software is being compromised by people trying to nail it down in legal terms.

    1. Re:Going the other way... by Anonymous Coward · · Score: 2, Insightful

      Everyone seems to forget just exactly what the GPL is, and what a License is. It is a restriction that the PROGRAMMER decided to put on the product, not RMS. All RMS does is write the license, there are hundreds of licenses out there. It just happens that programmers liked the GPL because the like the idea that someone else wouldn't make money off of their work. Later on corporations latched onto the same idea. By rolling out a GPL and a closed source version of code they could essentially acheive the equivelent of a very loose non-compete clause. People could learn from their code, and people could repair their code, but any improvements they madethe corporation could gain from, and use it to imnprove the solution that they sold to people who needed it unencumbered by those restrictions. It's perfect, they give us code, and in exchange we give them improvements, but their competitors can't gain from it.

      The key is that people use a license because they like the restrictions, or the lack thereof. Companies love the BSD license when we write code in it, but they don't want to release it that way because their competitors can use it too. Companies love to release GPL'd code because the limitations are sufficient to keep down competition, but still make us happy and allow us to fix their crappy software. It's a good deal for all really. The GPLv3 is just a new version of that, it's a few more restrictions. Any programmer could have written that license, the GPLv3 just codofied it into one fairly solid legal document so that we don't have to each screw it up seperately. Think of the open source licenses as libraries, you could do it yourself if you don't like them, but it's generally easier to pick one that matches fairly well with your goals and run with it. That way there are less likely to be bugs. If someone writes a crappy library I don't use it in my code, and that's that. No reason to hate that programmer for all eternity, or have big flamewars over the code, just inform other programmers of what you feel the defficiencies are, hope that they can make an intelligent decision, and let it be.

      So, if you want to keep people from making money on your code without having to release their improvements, license GPLv3. If you want to encourage more people to use the code, including a few edge cases where they might make money on it without releasing it, use GPLv2. If you want everyone to be able to use it and you just don't want someone else to claim that they wrote it use BSD. If you really just want it used and don't care at all, release it into the free domain without any license attached. It's your call, do what you want. I want my code to be used, but I also want it to CONTINUE being used. Code is a living thing which changes over time and needs to be modified, otherwise it will die. I feel that to keep my code alive and in use it's important that changes make it back to the public, thus I would choose a GPL license over a BSD license for most software. The important thing here though is that licensing my code this way is my choice. RMS didn't make me do it. Stop blamming the wrong people. If your mad about licensing, be mad at the people who chose the license, not the ones who wrote it.

      I'm not intending to flame the parent. It's just a context to bring up this point. More licenses are just more choices, the essense of freedom is choice. Don't complain about having more of it.

    2. Re:Going the other way... by DaleGlass · · Score: 1

      Seems like the whole GPL 3 thing is "going the other way" if you step back and look at it.


      But that was precisely the intention. To take copyright and turn it against itself. Where there was "you may not redistribute or modify without the copyright holder's permission" there's now "you may not forbid redistristibution or modification without the copyright holder's permission"
    3. Re:Going the other way... by fsmunoz · · Score: 1

      Good post. Your characterization of the different value of the GPL and BSD license's for companies matches mine exactely: BSD great to take code from, GPL great to release closed source software to the public.

      The rest of the post is also to the point. It's a shme moderators seem to have something against modding AC's.

    4. Re:Going the other way... by Jeff+DeMaagd · · Score: 1

      I think the stability of a product using this system. Not only do you have the resources of two different operating systems on one piece of hardware to contend with, if one OS fails, then the device will probably fail. It's probably done well enough on expensive server hardware, but when you do that on a consumer product, I just don't think the costs can be kept down as easily.

    5. Re:Going the other way... by Jeff+DeMaagd · · Score: 1

      I'm sorry, I missed the poor wording of the first line. I think it should have been:

      I question the stability of a product using this system.

    6. Re:Going the other way... by coryking · · Score: 1

      you may not forbid redistristibution or modification without the copyright holder's permission That is the most elegant summary of the "essance" of the GPL I've ever heard. It is beautiful. Thank you!

      Your summary makes it crystal clear to me. GPL (copyleft) and its cousin (copyright) are both are subject to being violated the exact same way (theft of IP) and can only be redressed with the same methods (the judicial system). Ironically both crowds are attempting to force changes on the hardware. Copyright wants to force a lockdown, Copyleft wants to force an unlock. As this article shows, this kind of force only backfires.

      Everybody wants to protect their property. I might want to keep people from pirating my property and denying my right to profit while you want to keep people from taking your code without giving back their changes thus stealing by profiting (denying your right to "non-profit" I guess?). I don't like your license so I respect it by not incorporating your intellectual property into my code. If you don't like my license, don't use my binaries or listen to my music without paying me.

      In the end... just don't steal peoples shit, okay?
    7. Re:Going the other way... by DaleGlass · · Score: 1

      Your summary makes it crystal clear to me. GPL (copyleft) and its cousin (copyright) are both are subject to being violated the exact same way (theft of IP) and can only be redressed with the same methods (the judicial system).

      Right. Which is why I think it's silly when people try to equate the GPL with the attempt to eliminate the ownership of ideas (I say this as an attempt of not saying "IP", which is a confusing term that includes unrelated things). The GPL depends on exactly the same base as copyright does, except takes it in the completely opposite direction. They call it "copyleft".

      An abolition of the things underlying copyright wouldn't be a good outcome for GPL supporters. The result would be something much closer to BSD.

      Everybody wants to protect their property. I might want to keep people from pirating my property and denying my right to profit while you want to keep people from taking your code without giving back their changes thus stealing by profiting (denying your right to "non-profit" I guess?). I don't like your license so I respect it by not incorporating your intellectual property into my code. If you don't like my license, don't use my binaries or listen to my music without paying me.

      In the end... just don't steal peoples shit, okay?


      But the problem is that people didn't do that, or we'd still have just the GPL2. The GPL3 is really the same concept as the GPL2 but more explicit. It appeared because Tivo and other companies thought they were awfully clever by following the letter of it, but going completely against the intention. So it had to be spelled out.

      I think most of the problem is that forbidding distribution is easy, but forbidding hindering distribution is hard. Things like "you can't touch that" are clearcut. Nothing to argue about. But "You can't forbid touching that" runs into problems -- you don't forbid it, but then build a moat around it with crocodiles and laser turrets, and are technically compliant with the wording but not at all with the intention. "But I'm not technically forbidding touching it, all you have to do is to survive the laser turrets, kill bot and the atomic bomb at the end".
    8. Re:Going the other way... by coryking · · Score: 1

      Hahaha... the best part is when you map it out in your head the whole GPL vs NonGPL becomes somehow circular. I love it... take a copyright and turn it inside out. Up is down, left is right and gravity repels.

      thanks man. you realy gave me something to ponder. too bad the whole damn thing is so infested with religious zealots. I cannot help but to think in the end the GPL is just academic dreaming. Carried to the extreme, the thing would never work. GPLv2 just hit that sweet spot between pragmatic and useful and theoretical and useless.

    9. Re:Going the other way... by ocelotbob · · Score: 1

      Take a look at technologies like AMD's Pacifica, which provide a lot of the resource protections you're describing; future iterations are supposed to provide the iommu capabilities to allow for pure virtualization of even tasks like DMA. While right now there are some risks from buggy drivers killing both sides of the system, these risks can be mitigated through studious use of features like W^X locking and watchdog timers to ensure that vital executables can't be overwritten. Many of these expensive server technologies are commodity level products these days; tivoization is pretty much as easy as ever.

      --

      Marxism is the opiate of dumbasses

  13. VM hype by QuoteMstr · · Score: 1

    Running a GPLv3d executable under a modified BSD kernel that prevented that GPLv3ed program from violating its constraints would be the moral equivalent of what this company is suggesting, but without all the virtual machine crap. I'll let other posters deal with that issue (though I suspect that what they're doing doesn't really violate the letter or spirit of the GPL.)

    What I'm complaining about is the buzz about virtualization. What is the point? How many levels of abstraction do we need before we realize enough is enough, and that we can do nearly everything we need with what we've had forever?

  14. Bingo! by Curmudgeonlyoldbloke · · Score: 1

    We WERE playing Buzzword Bingo, weren't we? I thought that "Anti-Tivoization" was never going to come up.

    1. Re:Bingo! by ch-chuck · · Score: 1

      Just wait until TIVO comes up with their scheme for Counterantitivoization!

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    2. Re:Bingo! by everphilski · · Score: 1

      anticountertivoestablishmentarianism!

      Damn! Doesn't fit on the scrabble board!

  15. Not a defeat, a different way of doing things by romiz · · Score: 4, Insightful

    The resulting product is fundamentally different from a TiVo.

    While on TiVo, there is no way to change any part of the code without the signing key, in the proposed solution it is possible for the user to change the whole open-source system with an other one, as required by the GPLv3 license. As such, there is much more freedom for the user to tinker with its own system.

    But for the manufacturer, it has the distinct advantages that some parts of the system can be isolated from the open subsystem, in a much more stable way, both legally and technically, than in a closed-source driver. Thus, it is possible to implement DRM, software subject to type conformance, or safety-critical tasks without risking corruption from the open system, whatever this system does. And contrary to the current solution, this does not require additional hardware.

    1. Re:Not a defeat, a different way of doing things by Chabil+Ha' · · Score: 1

      And contrary to the current solution, this does not require additional hardware.

      You're right! We'll just sack network performance to accomplish it!

      --
      We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
  16. Why are we Doing This? by Nom+du+Keyboard · · Score: 1

    Why are we doing this? Why are we trying to break GPL3, when it's the type of license that benefits the user the most of all?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Why are we Doing This? by fotbr · · Score: 2, Insightful

      Because "good for the user" isn't always the same as "good for the company".

      Surprise, surprise, companies are in business to make money.

    2. Re:Why are we Doing This? by fsmunoz · · Score: 2, Insightful

      "We" aren't doing this. Some companies are probably eager to do it, and then there are those around here whose major joy is bitching about the GPL, the FSF, RMS and his dog. For them everything that is unsavory to the FSF is a great joy, even if it affects everyone else - even free software developers using other licenses. They generally describe themselves as "open source" advocates but in reality they are the mirror image of the "anti-M$" crowd.

  17. Sounds like SELinux by Kjella · · Score: 1

    This sounds like SELinux or AppArmor, you get to modify the code but if the security context is the same, you can't access any more. Maybe a bit more fancy than that since virtualization will allow you to share devices without sharing content. In short, you have a hypervisor that can run two VMs, e.g. one Linux and one Palladium/TC/TXT DRM-up-your-ass Blu-Ray/HD-DVD player and yet they live in separate world. This may actually be the easiest way to get HD content playing on your Linux machine, but technically not under Linux.

    --
    Live today, because you never know what tomorrow brings
  18. Then the Installation Information is insufficient by tepples · · Score: 1

    Let's see, the hypervisor let's signed code do anything it wants, yet limits unsigned code to let say 1 meg of memory. I guess now you can recompile and run any code you want, it just won't work the same way that the signed code will. If the signed executable is larger than 1 meg, and any executable that can be derived from its source code and performs a comparable function is also larger than 1 meg, then the redistributor is not providing sufficient Installation Information.
  19. Why would Tivo be interested in this? by Bill_the_Engineer · · Score: 1

    Maybe I misunderstood the intended market, but why would Tivo be interested in this? A better solution would to have another CPU running the "secure" functions and have it service the needs of a larger CPU that runs the GPL code (this aux CPU behaves as an ASIC). Keep in mind, I am talking about low power CPU like the smaller PowerPC or ARM.

    It would be cheaper per unit since it would eliminate any run time license fees from the hypervisor provider.

    It could be more power efficient since the hardware designer wouldn't have to bump up to a larger CPU model to accommodate running two virtual machines.

    It would be more secure since the secret code would reside wholly within the auxiliary CPU and the main CPU running the GPL code would only pass messages (eg. Function calls) via a defined protocol.

    It would be a more modular approach that allows different product designs to share the same auxilary CPU.

    It would be GPL3 friendly, while keeping content providers happy.

    Just wondering...

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  20. A pretty obvious workaround by DrXym · · Score: 1

    I thought virtualization was an pretty obvious workaround to the GPL3. To be honest they should have put language into the licence to prevent using virtualization to circumvent the DRM clauses

    1. Re:A pretty obvious workaround by QuoteMstr · · Score: 2, Insightful

      You can't do that. Where would you draw the line?

      "This software cannot run on the same CPU as software that implements DRM"

      The DRMer will just use a separate coprocessor.

      "This software cannot be distributed with software that implements DRM"

      Oops. You can't distribute a Windows machine with a GPLed program on it.

      "This software cannot communicate with software that implements DRM"

      It can't connect to the internet?

      You're asking for the legal equivalent of an evil bit.

    2. Re:A pretty obvious workaround by a.d.trick · · Score: 1

      Additionally, IMHO, those all violate the spirit of the GPL. Unlike some BSD nuts think, the GPL is not simply a "all your codes are belong to us" license. It doesn't restrict what the users can do with the software (which all of the above do). It merely protects some of their rights.

      Also, as far as I can tell, this hypervisor thing is a feature, not a bug. It seems completely fine to me. User's still retain the freedoms the GPL provided for, they just don't have some that are out of the GPLs scope.

    3. Re:A pretty obvious workaround by Anonymous Coward · · Score: 0

      what makes you think a line will be drawn? look at the history of the gpl and how it's "domain" has expanded

  21. Seems fair to me by marcosdumay · · Score: 4, Insightful

    Really, your new version of the kernel will have the same privileges as the old version. I see no problem with that.

    I only fail to understand why they plan to put a kernel above that hypervisor. For it to be of any use, the hypervisor must controll all I/O operations anyway, what they get from Linux?

    1. Re:Seems fair to me by Sique · · Score: 4, Insightful

      Moreso: What the Hypervisor is thought to achieve in an attempt to circumvent the GPL is actually something that was designed into the GPL from the very beginning: It was never forbidden to run proprietary code and GPLed code on the same machine. It was only forbidden to make a derivative work from GPLed code and distribute this with a license that is incompatible with the GPL. The FSF stated from the very beginning: If the proprietary code and the GPLed code don't share GPLed libraries or run in the same segment, everything is fine.
      (See http://www.gnu.org/licenses/gpl-faq.html#GPLAndNon freeOnSameMachine)

      The hypervisor is just another method to achieve exactly this behaviour that was built into the GPL from the very beginning: Make a clear distinction where the proprietary code runs, and where the GPLed code resides. So no: The hypervisor is not a "circumvention device against the GPL3".

      --
      .sig: Sique *sigh*
  22. Wouldn't work by Anonymous Coward · · Score: 0

    This wouldn't work. If we use Linux to pass off data to another OS (i.e. Windows) for processing, whether that OS is virtualized or on a remote computer in another country, if the whole process as a whole is necessary to perform the task the system was designed to perform, then the secondary OS (Windows in this case) becomes a derivative work and is such already prevented by GPLv2. This is precisely why MPlayer does not bundle win32 codecs with its player. Mplayer does precisely what this whitepaper describes: virtualizes windows api, passes off encoded video to the proprietary Windows codec to play video for Linux.

    1. Re:Wouldn't work by QuoteMstr · · Score: 1

      Bullshit. Say I wrote an IDE that integrates with gcc, and gcc only, that generates command line options for gcc and parses its output, that front end is not a derivative work of gcc. It incorporates no code, only an interface.

      You can claim that any program that interacts with any other program (and contains code specifically for that program) is a derivative work of that program, and I don't believe we live in a world like that.

      Otherwise every plugin, every extension, every tuning tool and every backup program would be a derivative work of every other one.

    2. Re:Wouldn't work by Anonymous Coward · · Score: 0

      Your example is different from what the whitepaper is describing. They describe building a media player which consists of a VM, Linux and Windows. In their example, you strip out windows and you not longer have a media player. You strip out Linux and you no longer have a media player. Collectively, they are derivative works because all 3 systems (VM, Linux, Windows) is what make up the media player.

      In your example, IDE+gcc as a whole is not a project that does a specific task. An IDE edits text and invokes a compiler and gcc compiles code. As you've mentioned, they are interfaces to each other.

    3. Re:Wouldn't work by QuoteMstr · · Score: 1

      That's an awfully handwavy explanation. If you take GCC out of the IDE, you can't develop programs. The purpose of the IDE isn't fulfilled.

      What if I write a proprietary CUPS filter? What if I create a special kiosh that relies on a Firefox plugin for some special task, say, engraving pet nametags? Without the plugin, the kiosk wouldn't serve its purpose. Does that make the system as a whole a derivative work of Firefox?

    4. Re:Wouldn't work by everphilski · · Score: 1

      No, it doesn't distribute win32 codecs because win32 codecs are part of the Windows distribution/Windows Media Player and are illegal to re-distribute :) They were not coded by the MPlayer team but by Microsoft. Your analogy is flawed.

    5. Re:Wouldn't work by Anonymous Coward · · Score: 0

      The IDE's function is not to compile programs, but to let you edit text (or one of the function that is). If the IDE required gcc to render the text that you typed, then gcc would be a derivative work. Firefox's function is surfing the web, not printing. If firefox required the proprietary CUPS plugin to render HTML, then, the plugin would be a derivative work.

    6. Re:Wouldn't work by QuoteMstr · · Score: 1

      That's more handwaving. You're defining function so that your argument works, and you really have no basis upon which to do that. In my example, the function of the kiosk is to print dog tags; it just so happens that the user interface is based on Firefox. How can you say that it can fulfill its purpose without Firefox?

    7. Re:Wouldn't work by Anonymous Coward · · Score: 0

      Unless Firefox is doing the printing of dog tags, then it is not a derivative work.

    8. Re:Wouldn't work by QuoteMstr · · Score: 1

      I'm not claiming Firefox is a derivative work.

      The point was that the DRMed part on the other side of the communication barrier (in this case, a VM) might be considered a derivative work of the GPLv3d part on the other side. It would be integrally tied to the purpose of the system, so the system as a whole would be considered a derivative of the GPLv3d part.

      I'm arguing that's just not true, and I've presented arguments as to why that can't be the case. Or if it is the case, than a great deal of software today is in violation. In my example, I'm claiming that the Firefox plugin that actually interfaces with the dog-tag printer is NOT a derivative work of Firefox, and is not covered by its license.

    9. Re:Wouldn't work by Anonymous Coward · · Score: 0

      Being or not being a derivative work is a property that doesnt depend on the type of service the software is providing, it depends on the CODE of the software.

      Its not like you can say "oh, in the morning its a derivative work, in the evening it is not, unless its raining". Which is what you are doing. Im just not sure if you are doing on purpose or for cluelessness...

      doh

    10. Re:Wouldn't work by Anonymous Coward · · Score: 0

      Well I completely agree with your argument that firefox "interfaces" with the dog tag printer.

      What I don't agree with is with the original topic that you can use a VM to circumvent the GPL. The whitepaper describes a process of building media player by using Linux and windows combined to play videos where the sources for the codecs can be proprietary. They say that because Linux and Windows are isolated from each other, this can be used to circumvent the GPL. My argument is that this doesn't work because what they've done is combined Windows and Linux together to build a new system (media player) and as such they are both derivatives (and are affect by licenses) and not interfaces to each other.

      Anyways, I'm sure in the next few days the FSF will release a statement which will address this issue and clarify whether this circumvention is possible or not. We'll just have to wait and see.

    11. Re:Wouldn't work by vakuona · · Score: 1

      I think derivative has to be read in a limited way. If I create a program that run on BSD, and happens to also run on some GPLv3 OS, how does it then become a derivative work. This is the same argument people use to show that Nvidia is not violating any license by distributing its driver. Because the same driver is used on Windows, hence it cannot be a derivative.

      Once a hypervisor is created that runs Windows unmodified in a Linux environment, say under the GPLv3, there is no way you could claim in court that any program installed on that becomes GPLv3 licensed.

  23. Re:Then the Installation Information is insufficie by keithpreston · · Score: 1

    That's not quite what I am saying. Basically the hypervisor could limit resources to unsigned code, such that the code will still install and "run", but have such limited resources that it will not function properly. This could be done, by say limiting the memory to unsigned code, or not allowing use of a floating point unit, or GPU.

  24. hack the hack... by prxp · · Score: 1

    Copylet being torn apart by Tivolization and hypervisors... hmmm.... That only shows the many ways to hack the hacker's copyright hack! Everything can be hacked!

  25. This FUD makes no sense. by twitter · · Score: 1, Interesting

    Zoppis then outlines a typical use case, sketching out a device that streams proprietary video. Linux provides the UI, networking, and so on, but handles only scrambled video data, handing it off to a proprietary, closed video playback executive via a chunk of shared memory. "The bootstrap sequence checks the integrity of the hypervisor," Zoppis writes, "but not the GPL VM code," enabling users to freely modify the Linux environment.

    I'm not sure how this is different from including any other non free junk along with your distribution or what this has to do with GPL3. If the distributor takes GPL3 code and turns it into non free or tivos it, GPL3 kicks in and the distributor loses the right to distribute. If the distributor makes some kind of non free thing of their own, so what? The mechanism should make no difference, the GPL only covers distribution. Who cares if they use a hypervisor or TPM to launch WinCE or a Vax emulator? As long as they don't make someone else's softare non free, no one should care.

    Because that makes no sense, let's look further at the other article linked:

    [tons of FUD about GPL3's problems and bogus claims of vendors not living up to GPL2, I should stop reading this massive troll but ... finally a money quote] The strong isolation provided by the hypervisor, coupled with the fact that access to the system's peripherals is restricted on a VM-by-VM basis, ensures that a hacked Linux operating system can not be granted greater rights than it had when it was delivered by the device manufacturer. Therefore it enables decrypted content, encryption/decryption keys, and sensitive devices to be protected from illegal attacks. ... The use of a hypervisor can assist device vendors with GPL license compliance, both v2 and v3. It also allows vendors to maintain strong control over their other software components, and ensure that a modified version of GPL software cannot be used to gain access to their sensitive devices or data, or to modify the fundamental behavior of the system.

    "illegal attacks"? What kind of new DRM snake oil am I looking at here? I'd laugh this off if it were not supposedly from some guy at Sun.

    The bottom line is that they have tied the software up in hardware and TPM knots. At this rate, I'm not sure what they want GPL'd software for. If they are going to buy a hypervisor and a media player why not buy a non free OS from the get go and spare themselves the trouble and obligations that cut against their anti-social nature? Either way they go, people are going to find a way to get hold of their precious data and devices.

    --

    Friends don't help friends install M$ junk.

    1. Re:This FUD makes no sense. by runderwo · · Score: 2, Interesting

      At this rate, I'm not sure what they want GPL'd software for


      They want it because the price is unbeatable.

      It's just that it has an annoying license that they have to work around, in order to be able to sufficiently hamstring their users.

    2. Re:This FUD makes no sense. by Ian+Alexander · · Score: 4, Insightful

      They want it because the price is unbeatable. It's just that it has an annoying license that they have to work around, in order to be able to sufficiently hamstring their users.

      See, that's never made much sense to me. Why don't they just pick up a gratis operating system with a more permissive license, like one of the BSD's, and stop worrying about tivoizing GPL'ed code?

      Or are they actually just evil and want to lock down GPL'ed code because it fills their weekly evil quota or something?

    3. Re:This FUD makes no sense. by Znork · · Score: 1

      "Why don't they just pick up a gratis operating system with a more permissive license, like one of the BSD's, and stop worrying about tivoizing GPL'ed code?"

      Probably because the BSD multimedia/PVR development community is comparatively smaller. Tivo might have to do their own work (not to mention that they'd probably implode trying to decide wether to completely proprietarize any improvements they made or gain community help).

  26. Re:Then the Installation Information is insufficie by tepples · · Score: 2, Informative

    That's not quite what I am saying. Basically the hypervisor could limit resources to unsigned code, such that the code will still install and "run", but have such limited resources that it will not function properly. From the GPLv3: "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." So if I add a tiny "hello world" style modification and break the digital signature, it had better run and not just "run", or the distributor is in violation of copyright on the GPLv3 covered software he distributes.
  27. You could also poke a sharp stick in your eye.. by xednieht · · Score: 1
    but that doesn't necessarily mean that it's a good idea.

    ...could allow companies to build Linux-based devices...

    Only addresses the technical challenge, whereas marketing a product like that is a whole other ballgame. Take the Apple/AT&T stupidity as a prime example.

    Let's see... Apple comes out with a "closed" product and grants exclusivity to AT&T. How long did it take for Adam Smith and free-market economics to demonstrate how poorly their strategy is... less than 2 months.

    The iClone already looms in China which is a much larger cellular market, a teenager successfully hacks not 1 but 2 iPhones, and there are at least 2 companies that have already publicized software to liberate iPhones from the Death Star (that was the old-skool name for AT&T's logo).

    Back to the topic at hand. Going with a closed strategy makes it easy to market a competing platform that is more open. OpenSource and open platforms are good for business and for markets because promote innovation, among other things.

    I take no issue with their choice in direction as it creates more opportunities for open plaforms.
    --

    Hope is the currency of fools
  28. Circumventing? by 11223 · · Score: 4, Insightful

    I may be confused, but isn't this actually a way of complying with the GPL3? Using a hypervisor allows users to upgrade the kernel of their device without running into the (theoretical) security problems that companies who lock down their devices are afraid of.

    1. Re:Circumventing? by everphilski · · Score: 1

      Sure, but it violates what the FSF was working towards... and the kernel is GPLv2 so it would not apply, this would only apply to GPLv3 code.

    2. Re:Circumventing? by Chandon+Seldon · · Score: 2, Informative

      Sure, but it violates what the FSF was working towards...

      The single and only purpose of the anti-tivoizaton clause is to allow every user to modify any GPLv3 software they receive and then actually use their modification. It isn't intended to do anything else. Anti-DRM text was considered for GPLv3 and later dropped.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    3. Re:Circumventing? by Anonymous Coward · · Score: 0
      Sure, but it violates what the FSF was working towards... and the kernel is GPLv2 so it would not apply, this would only apply to GPLv3 code.

      That's false, Bruce Perens already hypothesized a hypervisor-like solution.

      If GPL3 is applied to the operating system kernel of a system, there are four places where you can put DRM in that system and remain within compliance with GPL3. Those places also happen to be the best, most secure and reliable places to put the DRM from a technical standpoint, regardless of the license:

      In hardware: This would usually be an application-specific integrated circuit or a programmable logic array that interprets encrypted streams on the way to an audio or display device.

      In a coprocessor: Most cellular telephones that offer PDA functions (and PDAs containing wireless devices) have two or more CPUs, generally an ARM9 running the user interface and applications, and an ARM7 that runs the wireless data-link layer or the GSM stack.

      You can put the DRM in the processor that isn't running the kernel, and then the GPL component just talks to a well-defined interprocessor link to the external CPU that runs the DRM. The GPL obligations don't cross that link.

      In a kernel under the kernel: Microsoft XP and Vista have used this architecture: the core of the DRM system lives in a microkernel called the "nib" that lives under the real kernel, and hosts the real kernel as the kernel would host a user-mode application.

      In a user-mode program: The GPL obligations on the license of the kernel don't transmit across the system-call interface from the kernel to an application hosted by that kernel. http://technocrat.net/d/2007/3/22/16651

  29. Re:Then the Installation Information is insufficie by everphilski · · Score: 1

    You omitted the sentance before that, ""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' from your quote above is referring to 'Installation Information', enumerated here, and is not any and all information about the hardware ... it is this specific information enumerated) ... so sure, I can provide you with everything you need to trigger your code, but I can limit what you can do. Your program installs. Your program executes. But it lives in my sandbox. (is my take, and so far as I can tell, fulfills the letter of the law)

  30. When reading the article... by leuk_he · · Score: 1

    The text is almost correct... until you look at the picture and see that the VM's are nto perferct isolated but use a communication channel that effectively links the gplv3 code (linux is still v2?!?!) tightly to the video application. That part is not discussed in the text. I think it is all allowed under v3 until the v3 code is tightly inter coupled with the video application. (YES the RED part, like the evil guy wearing black this evil part of the picture is colored RED! ;)

    By the way, linux on the ps2 is run that way. It is run in a tight controlled section of the machine that does not have access to the copy control mechanism. But in that case there is not sought after a way to circumvent those limits. YOu cannot play a dvd under ps2 linux

  31. Re:Then the Installation Information is insufficie by tepples · · Score: 1

    so sure, I can provide you with everything you need to trigger your code, but I can limit what you can do. Your program installs. Your program executes. But it lives in my sandbox. Then your sandbox needs to be large enough to allow for the unmodified program as well. If the unmodified program cannot run correctly when run in the sandbox, then information on how to run inside the sandbox is not sufficient Installation Information.

    (is my take, and so far as I can tell, fulfills the letter of the law) Have you submitted your thoughts on this loophole to any official of the Free Software Foundation?
  32. Agreed, however by einhverfr · · Score: 1

    nothing in the GPLv3 says that it has to run as well. For example, a non-authorized OS might boot, but not before some hardware is turned off... "Yes, it runs." "Does it do anything interesting?" "Well, I can ping it from the network..."

    Ok, that was an extreme example (that might not be permissible) but nothing precludes a new GPL3 Tivo from disabling the tv capture hardware, for example, when an unauthorized OS is detected. At least that is my reading...

    --

    LedgerSMB: Open source Accounting/ERP
  33. An attempt at an explanation by bitspotter · · Score: 2, Interesting

    Start with two machines: a "Tivo" with proprietary firmware, connected via LAN to a PC with a Trusted Computing TPM and a GPLv3 OS image signed by the "Tivo"'s vendor.

    The OS can be altered and recompiled on the PC at will, staying well within the provisions of the hardware/software definitions as used in the GPLv3 license.

    But when streaming video from the PC to the Tivo, remote attestation is used to verify the signature of the OS image booted on the PC. If the bootstrap signature is not provided, or doesn't match, the Tivo refuses to play the provided stream.

    Got it? Good. Now all you need to do is re-imagine the PC in this model as a virtual machine run inside the Tivo itself, and you get the idea.

    There might be a problem with this end-run, however. It all depends on whether the GPLv3 has to say specifically about what functionality is locked out without a bootstrap signature from the VM. If there's some language about insuring "complete", "full", or "all" functionality to modified versions, then it may not matter whether there's a hypervisor in the way or not (although the original network example I gave above is still legit).

    I'm intersted to hear what the lawyers have to say.

  34. Re:Then the Installation Information is insufficie by everphilski · · Score: 1

    Then your sandbox needs to be large enough to allow for the unmodified program as well. If the unmodified program cannot run correctly when run in the sandbox

    OK, here is the distinction: run, and run correctly. What is correct? The full relevant quote is,

    "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."

    So, using my admittedly weak English skillz (I am an engineer), "The information" in sentence 2 is modifying "Installation Information" in sentence 1, which enumerates a number of things required to (1) install and (2) execute modified versions of the GPLv3 work. Sentence 2 then says that the information must be sufficient to ensure continued functioning of the object code. It does **not** say that it has to function identical to its non-modified counterpart, however it does say "continued functioning ... no case prevented or interfered with solely because modification has been made." Now again, a program can function without functioning as intended. I see that as a loophole, don't you?

    A secondary loophole: "solely because modification has been made" ... there are other ways to tell if something has been modified, other than checking the source itself. IE, removing a jumper to connect to a programming interface, SMT fuses that pop on programming, etc. Hardware remedies that don't check for modification. You could be uploading an exact perfect image of the original code - these remedies aren't discriminating 'because modification has been made'. Might be a stretch but again, letter of the law versus spirit of the law. Former wins in court.

    Have you submitted your thoughts on this loophole to any official of the Free Software Foundation?

    If my 5 minutes of thinking have bested the how-many-months of development of the GPLv3, I'm not sure they deserve to know. That's just my quick read of the text. I could be wrong. But read in context it reads pretty clearly.

  35. So what's the point? by SanityInAnarchy · · Score: 1

    For this to be GPLv3 compliant, the hypervisor must either allow the spiffy network card to whatever kernel is running, or deny it to all -- or allow/deny based on something other than a checksum of the actual code running.

    It's a bit like Linux on the PS3. Fine, but what can you do with it?

    RMS is the one out to destroy all proprietary software. I'm not. I don't want to destroy TiVo.

    But anywhere TiVo gets to use my code, I get to go in and make changes. That's the deal.

    So, I dare you, come up with a possible use for GPL code here that doesn't either let us easily circumvent DRM, or completely defeat the point of TiVo using GPL'd code in the first place.

    --
    Don't thank God, thank a doctor!
    1. Re:So what's the point? by einhverfr · · Score: 1

      I don;t know. I suppose it depends on what you mean by "interfered with." Does it mean from the object code's or the user's perspective?

      FOr example, "Yes, there is a spiffy network card. It is an alias for the Loopback Adapter!"
      or
      "There is a TV channel like that. Oops it is all static."

      (The above areas seem unwise to try under the GPL3, but there are better ways).

      Or how about hiding specific tools behind or inside the hypervisor so that the code can run unaltered but the code doesn't do as much that is interesting. So instead of storing tv shows, it can only essentially script the storage of the tv show, the rest is handled underneath through encrypted connections, drm, etc. In short, the software is simply not trusted any more than a router on the internet is trusted with your credit card number. No analog hole.

      A third option would be to use the hypervisor to actively alert (if possible) the vendor to an unauthorized change of software, the RIAA, the MPAA, etc. Maybe catalog the files on the system and send the BSA a list?

      So while it might allow the software to *run* perhaps even without interference, it might also allow allow for all manner of other systems including robust DRM that can coexist with OSS software, interference in personal matters, and plenty of other things.

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:So what's the point? by Anonymous Coward · · Score: 0

      I'm your huckleberry...

      Imagine that you have, say, a GPL file system stack running on a GPL IDE disk driver.

      Those GPL components are talking to the device over some defined interface (IDE in this case).

      But, on that device itself is another set of firmware, an internal set of software that interprets the commands from the bus in to "move disk arm 13 degrees clockwise".

      That firmware isn't GPL at all, in fact it's not licensed at all, and is embedded in an encrypted, tamper proof ROM under a 1/4" of black epoxy.

      That software is completely out of the reach of the GPL.

      In the Good Old Days, the machine hardware was laid bare to the CPU and could be manipulated in all sorts of ways and means, and the OS uses that view to do its business.

      Today, moreso, the OS is no long getting an unrestricted view of the CPU. Rather it's getting the view of the hardware as provided by the Hypervisor. Got 16GB of RAM and 4 NICs on your machine? The HV may let your OS only see 4GB and 1 of those NICs. It will never know the difference. It will never see the other 12GB and 3 NICs, just like the GPL Filesystem never sees a disk drive, and the GPL Disk driver never sees the firmware.

      The Hypervisor is executing your OS just like your OS runs Emacs or Firefox.

      If you can legally run an MPL program on a GPL OS, there's no reason you can't run a GPL OS on top of a closed source Hypervisor.

      So, TIVO comes out with a Hypervisored TIVO. All of the UI and such is run from a stock Fedora install. TIVO GPLs all of their menus and utilities. To update the TIVO UI, get to a command shell and type "yum tivo".

      But played media is all run through /dev/tivo. /dev/tivo is a simple facade that takes binary streams of data and properly plays the content. The other side of /dev/tivo is in the secret side of the system, the piece isolated by the Hypervisor from the Linux running the UI, the piece completely untouched by the GPL.

      You even get the source code to /dev/tivo. It says "fill this block of RAM with data, and then call OUT port 6 with the value 27. Then do IN port 7 to get a status value."

      That's it. Hack away.

    3. Re:So what's the point? by SanityInAnarchy · · Score: 2, Informative

      FOr example, "Yes, there is a spiffy network card. It is an alias for the Loopback Adapter!"
      or
      "There is a TV channel like that. Oops it is all static."

      ...So what?

      Once again, I don't think it defeats the purpose here, which is to prevent them from distributing a GPL'd binary in such a way that I can't upload my own, nearly-identical GPL'd binary and expect it to work.

      To be GPLv3 compliant, I expect they'd have to have that channel exist, and provide exactly the same data to the GPL'd program, no matter what code is actually running inside that program. In other words, the API should be consistent/modular -- if I call 'get_chunk_of_data_from_channel(3, *buffer)' from within any program running on that system, I should get the same result, no matter what the program.

      You're not allowed to take a checksum of the running program, and use that as a basis for deciding if I get static or not. However, if you really want to deliver static to everyone, including your own GPL'd software, go right ahead.

      Or how about hiding specific tools behind or inside the hypervisor so that the code can run unaltered but the code doesn't do as much that is interesting. So instead of storing tv shows, it can only essentially script the storage of the tv show, the rest is handled underneath through encrypted connections, drm, etc. In short, the software is simply not trusted any more than a router on the internet is trusted with your credit card number. No analog hole.

      That is true. It also means they gain less by using GPL'd code -- they now can't use it to handle IO, which Linux is very good at. They also can't use GPL'd decoders, meaning they have to license a proprietary one. And they can't use a GPL'd network stack, they need a BSD one.

      Eventually, it means that they can only use GPL'd code for the UI; they have to implement the equivalent of a kernel underneath it. At this point, I don't think there's really any point to doing the hypervisor -- just do some BSD-derived kernel and run your GPL code under that.

      --
      Don't thank God, thank a doctor!
    4. Re:So what's the point? by SanityInAnarchy · · Score: 1

      You even get the source code to /dev/tivo. It says "fill this block of RAM with data, and then call OUT port 6 with the value 27. Then do IN port 7 to get a status value."

      My understanding of the GPLv3 is, you can do that as much as you like, so long as the modified code can still work exactly the same way with /dev/tivo. In other words, if I use my own yum repository, or if I repackage the whole thing for apt so I can run Ubuntu, /dev/tivo should still work exactly as before -- I shouldn't suddenly get static because I dared recompile.

      If it's that open, I really don't mind as much. It still leaves me most of the system to hack around with, I just can't rip streams. I still wouldn't buy such a system, when I can rip streams just as easily with my MythTV box. But at least I wouldn't accuse TiVo of getting a free ride -- the TiVo UI could, in fact, be modified on a TiVo system, or ported to other, more open systems.

      It would probably even let me use a TiVo to play media from other sources -- YouTube, for instance, or a ripped DVD. Just feed the unencrypted, un-DRM'd stream to /dev/tivo, and it plays it as normal. It would also let me add storage that's not something TiVo thought of -- I could store those encrypted streams on my desktop when I ran out of space on the tivo's hard drive, and stream them back over the network to play. Not as nice as having no DRM and just watching them anywhere, but a lot better than having a completely locked-down system.

      Although I admit, you do seem to have answered my challenge -- there would still be a point to using Linux, and it looks like it could be done in such a way that we couldn't easily crack the DRM.

      --
      Don't thank God, thank a doctor!
  36. That doesn't work... by SanityInAnarchy · · Score: 1

    It would still be "hippocracy". We don't call it "democraticy", do we?

    Maybe it has something to do with doctors, though? The Hippocratic oath?

    So why would that bother you? I certainly think "do no harm" is a noble goal, and not incompatible with the goals of the GPL!

    --
    Don't thank God, thank a doctor!
  37. Sounds like good news for lazy nerds. by Anonymous Coward · · Score: 0

    As someone who sometimes has to write banal, reinvent-the-wheel code for a living, this sounds like good news to me.

    I don't want my company to reuse GPL'd code. I want to earn a paycheck from (re)writing that code. It's a bonus if GPL'd code exists that does something that I need to do, because I read that code to figure out basically how I should write my own code. But my company will not consider using that GPL'd code because of the licensing issues.

    Yes, the only benefit this provides my company is that they own the code that comes out of my keyboard. Yes, I'm fine making my living exploiting that desire.

    A rich library robust, high-quality, open-source code that no employer dares to reuse is a lazy programmer's dream.

    1. Re:Sounds like good news for lazy nerds. by wikinerd · · Score: 1

      I don't want my company to reuse GPL'd code. I want to earn a paycheck from (re)writing that code.

      You can make lots of money by customising GPLed code, supporting it, and integrating it into a company.

  38. Whine, whine whine. by SanityInAnarchy · · Score: 2, Insightful

    Do they really think software these days isn't slow and bloated enough without the additional burden of context-switching, just to circumvent the licensing problems?

    Y'know, you could just choose not to circumvent the licensing problems. You could just use code which you can get under a license that lets you do what you want with it. Or you could *gasp* write your own code! What a concept!

    And at the risk of sounding petty, they started it. The root of this problem is not the GPLv3, it's DRM and Tivoization. I run a Linux machine, and I use it to view plenty of media which is either un-DRM'd or easily cracked (DVDs) -- and I require absolutely no VMs to do this.

    To be perfectly honest, the legalese does not have to dictate the engineering choice here. You could simply make an engineering choice to use an open platform. No engineer in their right mind would use DRM as an engineering choice -- we all know it doesn't work, doesn't even slow the real pirates down much. If you're forced to implement something like this, realize that it is, in fact, a legal choice that someone made to force DRM on you.

    --
    Don't thank God, thank a doctor!
    1. Re:Whine, whine whine. by coryking · · Score: 1

      You could just use code which you can get under a license that lets you do what you want with it. Or you could *gasp* write your own code! What a concept! Indeed. I switched to FreeBSD because of the politics of Linux. Since my application stack is already BSD (postgres, perl and all the CPAN modules) it wasn't that much trouble to migrate. You know what else is cool? FreeBSD is fucking stable as a rock. It has non-condescending documentation (kiss my ass info) for all it's userland tools, libraries and kernel stuff. The FreeBSD team backport any security fixes to my platform for years.

      The way I see it, the *only* reason to use any Linux variant is for religious reasons. Otherwise, it just costs too much too much.
    2. Re:Whine, whine whine. by SanityInAnarchy · · Score: 1

      The way I see it, the *only* reason to use any Linux variant is for religious reasons. Otherwise, it just costs too much too much.

      Well, there are actually technical reasons. DOS is fucking stable as a rock, but it's kind of lacking in the features department...

      The biggest reason for me, on the surface of it, is apt. Last I looked at BSD, you're still source-based.

      As for documentation, there's also the Internet -- and what is condescending about info?

      But to each his own. I will say that your reasons are likely at least as religious as mine -- can't stand the look on RMS' face or something.

      --
      Don't thank God, thank a doctor!
    3. Re:Whine, whine whine. by coryking · · Score: 1

      The biggest reason for me, on the surface of it, is apt. Last I looked at BSD, you're still source-based. FreeBSD distributes binary packages compiled for something like five targets.

      As for documentation, there's also the Internet -- and what is condescending about info? The internet sucks for documentation unless it is centralized. This is all I need unless it is for a port. I can even step back in time to make sure the man page is for the version of freebsd I'm using. Trust me, you just haven't been spoiled by good documentation yet.

      Info sucks, period.

      But to each his own. I will say that your reasons are likely at least as religious as mine -- can't stand the look on RMS' face or something. I don't run around telling people they are unethical for trying to make a living. I don't run around trying to dictate how the world should be using software. I try to make the world a better place using my mad computer skillz. To me a computer is a tool that can help improve the world and as a bonus, I can do it and maybe make some serious cash.

      What I am pissed off about is that a bunch of religious zealots peed in what used to be a nice place swimming pool. Now days, I wouldn't swim in it for all the money in the world. In retrospect I wonder if the pool water always stunk and I was just used to the smell until I woke up.
    4. Re:Whine, whine whine. by SanityInAnarchy · · Score: 1

      I don't run around telling people they are unethical for trying to make a living.

      Neither does RMS. He tells people they are unethical for writing proprietary software.

      There are all kinds of ways of making a living, even in software, without going proprietary. I don't necessarily agree with him, but he's not as extreme as you're painting him here.

      I don't run around trying to dictate how the world should be using software.

      Neither do I. Neither does Linus.

      I, however, can and do dictate how the world should be using my software. Just like you do, with your proprietary stuff you think you need to do to make a living.

      What I am pissed off about is that a bunch of religious zealots peed in what used to be a nice place swimming pool.

      You're a half-empty guy, right?

      You may as well be saying that a bunch of religious zealots ruined Unix, and you can't use BSD either, for the same reason.

      Cut the bullshit metaphors and tell me what problems you actually have with Linux licenses today.

      --
      Don't thank God, thank a doctor!
    5. Re:Whine, whine whine. by coryking · · Score: 1

      I, however, can and do dictate how the world should be using my software. Just like you do, with your proprietary stuff you think you need to do to make a living. Just now before typing this I came to the conclusion that the FSF and the RIAA/MPAA/BSA are in fact allies. All of them are trying to protect the intellectual property of an individual or organization. What is interesting is that they all are encountering the same problems trying to enforce their copyright.

      I gotta go for a walk and think about that for a bit. I think it just boils down to "stealing is bad, m'kay?"
    6. Re:Whine, whine whine. by coryking · · Score: 1

      and to follow up to myself... I wonder if the Free Software Foundation will ever realize they are after the same thing as their fellow brethren over in the RIAA/MPAA/BSA camp?

  39. PS3 Linux. by SanityInAnarchy · · Score: 1

    A working example of what this means.

    Of course, to me, it means not buying a PS3, and not bothering to put Linux on it if I did. What's the point, if it's restricted from touching anything interesting? But it is nice to know that, unlike the pathetic PS2 "linux", I can run any distro that's bothered to port itself.

    --
    Don't thank God, thank a doctor!
  40. Imagine DRM for GPLv3 OS's. by einhverfr · · Score: 1

    A hypervisor actually makes this a lot easier because it establishes a virtual machine underneat which different software could be running.

    When we send our credit card numbers over the internet, we do not trust that information to any router along the way. Similarly, a robust DRM solution would not want to trust the software itself with any unencrypted media content. Enter the hypervisor.

    In such a system, each machine could have a public/private key pair which could be used to exchange DRK key information using established techniques such as we use for SSH. The OS would not be trusted with the key, nor would any software above the hypervisor. In short the main OS and media player would be unable to do anything more than handle encrypted streams of data. All decryption/DRM enforcement would take place below the hypervisor, and the operating system would not have any access to anything that is sensitive.

    Another option would be a hypervisor which would separate GPL'd portions from non-GPL'd portions running some other OS (or possibly simply other kernels). A base kernel could route requests between them. THus the GPL'd portion would exist in a sandbox, unable to do anything interesting.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Imagine DRM for GPLv3 OS's. by CastrTroy · · Score: 1

      How do you ensure that the data is passed to the hypervisor without modification?

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    2. Re:Imagine DRM for GPLv3 OS's. by einhverfr · · Score: 1

      How do you ensure that the data is passed to the hypervisor without modification? Same way you ensure that your credit card number isn't altered when you make a purchase from Thinkgeek.

      Ok, suppose the video access firmware has the following three interfaces:

      1) get_public_key
      2) store_content_key
      3) accept_stream

      The transaction would be:
      get_public_key
      Send that public key to the vendor. Get back a content key (plus other data, encrypted with the public key). Since this is tied to the box (due to the assymetric encryption), we can store it if necessary for future use.
      store_content_key stores that on the other side of the hypervisor.
      accept_stream then Allows the encrypted stream to be sent to the hypervisor and on to the video card (bypassing the OS on that last stage).

      Note that this suggests that we don't care if the stream is tampered with or not. The only attack that would be meaningful would be a crypto attack and that can be done just as easily by a system not connected to the drm. In practice, tampering with the input media stream would likely render it unreadable.

      I am not advocating DRM. I am just saying that it is quite possible in a world where the kernel is Open Source and that hypervisors make it easier because you can do in software what you might otherwise have to do in hardware.
      --

      LedgerSMB: Open source Accounting/ERP
  41. "We" aren't. by SanityInAnarchy · · Score: 1

    Read the summary again -- it's a company that makes hypervisors. They obviously have a vested interest in selling hypervisors, and if they can sell them as a way to break GPLv3, so much the better.

    Personally, I don't see this as "breaking" the GPLv3 at all. I don't mind that there are closed parts of a system, as long as I'm free to modify the open ones, and the open ones are sufficiently isolated from the closed ones.

    It's a bit like porting Firefox to Windows. Nothing wrong with that, is there?

    --
    Don't thank God, thank a doctor!
  42. Yeah, but... by Greyfox · · Score: 1
    The whole point of using Linux in the first place is to cut your per-unit costs in production. You don't want to license software. You don't want to license wince and a hypervisor. Over a run of a million units that'll cost you a tremendous amount of money which you could otherwise have saved. You can say that it's nice that you have access to all the source code and you don't have to deal with the crapulous Windows API but at the end of the day all it boils down to is the cost. If you build your PVR and have to license wince anyway then you may as well just use wince and forget all the added complexity of building a hypervisor and devising a communication method between the two systems.

    I suspect that for embedded devices such as this we'll start to see companies either rolling their own systems or grouping up with other companies to put together a base OS and tools which they can all use. In the long term it'd be cheaper than licensing the operating system from Microsoft and less legally fraught with peril than having to worry about OSS licensing. I think OpenCable is working that way now...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Yeah, but... by Thundersnatch · · Score: 1

      Xen is an open source GPLv2 hypervisor... so the cost benefits of open source could still appear. Anyway, the kernel will not ever be GPLv3 (according to Linus, and more for practical rather than political reasons. Some of the people who own the copyright to GPLv2 kernel code are dead!).

  43. "or interfered with" by tepples · · Score: 1

    it does say "continued functioning ... no case prevented or interfered with solely because modification has been made." Now again, a program can function without functioning as intended. As I read the license, forcing a modified program to run in a sandbox with insufficient privileges just because it has been modified would fall under "or interfered with". But even if a device manufacturer did win in court on this alleged loophole, it would become subject to 1. public humiliation and 2. FSF releasing all new versions of its software under GPLv3.1.

    A secondary loophole: "solely because modification has been made" ... there are other ways to tell if something has been modified, other than checking the source itself. IE, removing a jumper to connect to a programming interface, SMT fuses that pop on programming, etc. Then the manufacturer can't apply firmware updates either. But in this case, your alleged loophole does not come into play, as the manufacturer can just rely on "But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM)."

    If my 5 minutes of thinking have bested the how-many-months of development of the GPLv3, I'm not sure they deserve to know. Do you know anybody who appreciates that attitude?
    1. Re:"or interfered with" by sigzero · · Score: 0

      As I read the license, forcing a modified program to run in a sandbox with insufficient privileges just because it has been modified would fall under "or interfered with". But even if a device manufacturer did win in court on this alleged loophole, it would become subject to 1. public humiliation and 2. FSF releasing all new versions of its software under GPLv3.1. I don't agree with you about the "interfered with" and I am sure a whole lot of people would also. If the modification were made I am sure you would see a shift away from the GPL because "free" then becomes "restrictive".
    2. Re:"or interfered with" by domatic · · Score: 1

      "restrictive" to whom exactly? Why this insistence of being sociopathic with code whose authors indicate by word and deed remain fully and correctly usable and modifiable. If a manufacturer wants so desperately to lock down users then why this bull-headed insistence on doing it with GPLv3 code? Your other correspondent was right. At a minimum, if games are played to get around the GPLv3 then the GPLv3 will amended to cope. The intent of the license is pretty clear so there would be legal fights as well.

    3. Re:"or interfered with" by everphilski · · Score: 1

      it would become subject to 1. public humiliation

      FSF would suffer public humiliation? You bet! They got trounced, and I just read, Perens outlined this **very scenario** prior to the final draft. So apparenly they knew, and either didn't care or didn't think people would figure it out.
      Or did you mean the company producing the product would suffer humiliation? Why? Do you think corporate america will humiliate them? No, they were successful in defending their product. Some FSF geeks? Sure. But who really cares, from their point of view?

      2. FSF releasing all new versions of its software under GPLv3.1.

      Now taking bets on whether or not they get it right this time ...

      Do you know anybody who appreciates that attitude?

      If I had to inform everyone I knew about every 5 minute flash of insight I get, I'd never get any work done :). And I don't even know if I'm right. I could be full of shit.

  44. How does this defeat GPL3? by twitter · · Score: 1

    Yeah, yeah, non free media stays encrypted and I can't have it. How does this lead the author to conclude:

    this architecture could allow companies to build Linux-based devices, such as mobile phones or set-top boxes (think TiVo), that can't be upgraded by their users without authorization, thereby circumventing the GPLv3's 'anti-tivoization' clauses."

    GPL3 makes sure that free software stays free. Let's see if I understand by imagining:

    1. I buy this device and want to modify it.
    2. I get the source code from the company and add a new menuitem, "save as formatX"
    3. The DRM nasty won't talk to my modified binary but I can open up non restricted media and save it as "formatX".

    So what has the hypervisor really added? It just looks like another layer or restrictions, which someone somewhere will break.

    If it really does make the device into a tivo, you have a GPL3 violation which springs into effect regardless of the mechanism. If it does not do that, the GPL3 has not been challenged.

    --

    Friends don't help friends install M$ junk.

    1. Re:How does this defeat GPL3? by einhverfr · · Score: 1

      After reading the whitepaper, I don;t think the summary was quite accurate.

      However, just a thought....

      Suppose through technical means, I tie vendor invoices to the entire firmware image. This means, the hardware, software, etc. only function with the entire firmware update.

      This does not prevent GPLv3 software from being installed and running, but the box may not do anything interesting without the other components. Hence you can turn your Tivo into a SAN node, store SDTV shows, etc. but nowhere does it say the HDTV decryption software has to be there after the update. I could then use copyright over the aggregated work to prevent you from copying out those componenents. I could even encrypt the firmware image so that the box must decrypt it. None of this matters because the code you install and modify will still work as it does in a vacuum (without all the rest of the software).

      Now, what does a hypervisor add?

      Simple. It adds a layer of separation between the untrusted software and the trusted software so that the GPL'd code can be added/replaced without affecting the rest of the device.They could communicate through some sort of shared resource or through some virtual device offered by the hypervisor. Thus content providers can offer total DRM and vendors can still use GPL software.

      I am not advocating DRM. I think it is a fundamentally flawed idea and will be outmoded by new business models. However, anyone who thinks that open source magically gets rid of the issue is mistaken. THe source code and access to a router on the internet does not get you the contents of an SSL-encrypted transaction.

      --

      LedgerSMB: Open source Accounting/ERP
  45. Doesn't the GPLv3 already address this? by DragonWriter · · Score: 1

    Due to the isolation between multiple VMs running atop a hypervisor, it seems like this architecture could allow companies to build Linux-based devices, such as mobile phones or set-top boxes (think TiVo), that can't be upgraded by their users without authorization, thereby circumventing the GPLv3's 'anti-tivoization' clauses.


    Except that even the GPLv2 required separate software delivered with a GPL program and required for it to be used to be considered part of the same "work" and licensed under the GPL, as well, which would mean the anti-TiVo clause still applies to the hypervisor.

    The GPLv3's "aggregate" clause is different than the corresponding clause of the GPLv2, and may allow some things that the GPLv2 doesn't, but only allows such "aggregate" software where "the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit", so using a non-GPL hypervisor distributed with a combination of hardware and GPL software to limit or subvert the user's effective freedom to replace the GPL software under the GPL would, itself, seem to be a violation of the GPL.

  46. What is Tivo worried about anyways? by Anonymous Coward · · Score: 0

    So what is Tivo worried that by allowing people to install a custom kernel or a GUI that it will "harm" their market share? Because 1% of people actually will install different firmware? And how is this bad for Tivo? Because that 1% may now buy a Tivo simply for hacking that they wouldn't have otherwise? And for DRM... The person had already watched the show what difference does it make if they record it again. Chances are if people even cared about it, it would already have been broken. Honestly Tivo has nothing to lose if it allows people to hack it.

  47. remote attestation on the other virtual machine by Joseph_Daniel_Zukige · · Score: 1

    ... for the obtuse who posted at length until here.

    But there will be a potential license issue if the GPL-ed software is designed to be connected only to a closed-source attestation unit.

    The question is how much difference there is in the way the license treats connections via dynamically linked libraries and the way it treats connections via a network.

    Guess I need to go read the license.

    Anyway, if adding code which will only run when connected to a closed-source dynamic license is against the letter of the GPL, clearly, this kind of supposed end-run is at very least against the spirit of the GPL.

    joudanzuki

  48. The escalation continues. by The_mad_linguist · · Score: 1
    First we had normal user accounts. That wasn't enough. We added another level, the administrator account, with more control and security.

    Then the administrator was killed in a battle against the viruses. Obviously, that wasn't enough

    So we upgraded again, this time to a supervisor. That worked well enough for a while, but then the authorities at the Tivo corporation found out the supervisor's powers were ineffective against their sworn enemy, the GNU resistance.

    Infusing it with the power of virtual machines, the supervisor was converted into the much more powerful hypervisor!

    So, long story short, I for one welcome our megaultravisor overlords.

  49. Crucial difference: by SanityInAnarchy · · Score: 1

    The FSF believes that stealing is bad, but chooses to enforce that with purely legal means, not technological. Furthermore, their means put power back in the consumer's hands, taking it from the developer -- the MPAA/BSA/etc take power from the consumer, and brings it back to the developer/producer.

    The MPAA, however, will use all of the means available to them -- technological, current legal, drafting new legislation, and completely pointless and unfounded lawsuits -- to achieve their goald of preventing people from stealing.

    Think about that, for a second.

    Think about the broader implications, too. I don't want free software to take over the world, but if it did, would it be so bad? You'd still be able to do anything you want with the code, including fork off projects of your own, so long as you kept the same license -- that license which forces you to redistribute your code, and keep the same license.

    Compare that to a world run by the MPAA -- we'd all be running Tivos, Xboxes, etc. Computers would be outlawed, or they'd essentially be the same thing. And if you so much as think about doing anything you're not supposed to, we'll sue you.

    I think we can all agree that killing is bad, and that murderers should be removed from society. But consider two ways of dealing with this: In one, anyone actually caught killing or attempting to kill someone is put in prison for life. In another, anyone caught with a gun, or even anything slightly pointy that could conceivably be a weapon, is shot on sight.

    Same goal, but the means make all the difference.

    --
    Don't thank God, thank a doctor!
    1. Re:Crucial difference: by coryking · · Score: 1

      And if you so much as think about doing anything you're not supposed to, we'll sue you. In your world, it would be the FSF trying to sue instead. The flaw in the plan is that in the "all software is free" world there would be no good software because it would be impossible to make a living.

      Same goal, but the means make all the difference. Same goal, the rest is a technicality. Your example is what happens when you turn that technicality into a religion.
    2. Re:Crucial difference: by SanityInAnarchy · · Score: 1

      In your world, it would be the FSF trying to sue instead.

      No, they would sue if you actually did something not allowed -- which would be defined as making something proprietary, which is a MUCH more lenient approach.

      The flaw in the plan is that in the "all software is free" world there would be no good software because it would be impossible to make a living.

      You're about 20 years too late for that argument -- Bill Gates already tried with his "Letter to Hobbyists". The flaw is that we are living proof that it is possible to make good, free software for a living. It's possible to do this even in many situations (IBM, Google, Canonical, Redhat, etc) where you don't dual-license it.

      Same goal, the rest is a technicality. Your example is what happens when you turn that technicality into a religion.

      My example was to make a point. As I've said repeatedly, I don't want the entire world to be free. It's just that if I had to choose between an entirely free world and an entirely proprietary one, I'll take free every time.

      But sure, go ahead. Hitler's goal was the betterment of mankind. I bet you and I share that goal. Does it make us Nazis?

      No, it doesn't. That doesn't even pass the "duh" test. It's not Hitler's goal we disagree with, when you reduce it that far, it's his means -- by eliminating races he saw as bad influences.

      I would very much like to think that anyone reading Slashdot has a very different worldview than Hitler, and that it's not just a technicality. And if you accept that, you must, by the same logic, accept that the goals of the FSF and the MPAA are very different, on more than just a technicality.

      --
      Don't thank God, thank a doctor!
    3. Re:Crucial difference: by coryking · · Score: 1

      which would be defined as making something proprietary In other words, trying to feed my family using the skills I was born with. If you want to drag hitler into this fine, but your world is only possible to create by people with the um, "personality" of such a man. It takes a cult and a bunch of cool aid to get people to willingly give up their rights to *make a living from their labor*. What do you think IBM is doing? Don't you see they only want to leverage linux as a way to upsell expensive hardware and AIX?

      If I had to pick a world of free vs proprietary, I'd pick proprietary every time. I have to eat and tech support sucks. In a world were everything is "open", yes there would be some innovation, but it would not be nearly as much as when you let people actually eat.

      Nothing personal, but I like paying rent every month and my life would not be possible without paid software. I cannot charge for software and give the code away. People telling me I'm unethical or "antisocial" are borderline evil and are a much worse threat to humankind than any jackasses at the RIAA.
    4. Re:Crucial difference: by everphilski · · Score: 1

      The ultimate proof, I think, is HURD v. linux.

      The HURD doesn't exist in a workable, usable form. It's been around longer than sin, but still can't be used as a functional, modern kernel.

      Linux came onto the scene in 1991, right? But Linus and other dev's quickly got backed by corporate sponsors - yes, the code is GPLv2 (mostly) but proprietary/corporate interests backed them up, and look how quickly it matured and usurped HURD.

      I think that is telling of the roles of free software vs. corporate/whatever-you-want-to-call-it software.

    5. Re:Crucial difference: by coryking · · Score: 1

      What I find interesting is how all the big unix companies are now leveraging Linux. All of them are making it cheap for startups to build their application on a unix stack. Once the startup matures into a certain size, they'll find that Linux just ain't cutting it no more (support, stability, scalability) and they need to move up the computer food chain. While I've never actively researched it to verify, I would not be surprised if both Solaris and AIX provide a virtually seamless migration from Linux, perhaps even binary compatibility. Shit, Sun is even now making an open source, entry level version of Solaris; perhaps as a reaction to GPLv3? Basically, they are hoping that startups on a shoe string budget will take free (Linux) over quick & easy (Microsoft) and grow up into paying customers. It is really a brilliant strategy because without Linux, I doubt these companies would be around much longer.

      While I personally think Microsoft serves a slightly different market on their server side than IBM or Sun, it is very clear why Microsoft want into the Linux market and it isn't Linux. Linux is not a competitor to Microsoft; IBM and Sun are. Microsoft wants us cheapsake startups who pick free (Linux) to use their tools (quick & easy) and when we grow up, we move onto their platform (Windows Server) instead of IBM or Sun. Same with Dell. They want us to build around Dell when we grow up instead of Sun or IBM servers.

      Bottom line is Linux isn't a threat to any corporation. In fact, for IBM and Sun it is a great "my first UNIX" for companies who would otherwise build around Microsoft. For Microsoft, it is an issue only because of IBM and Sun. All of these companies have a vested interest in improving Linux to the extent it makes life easy to move back to the respective mothership.

      GPLv3 makes it very hard for these companies to play this game. It also makes it hard for companies doing embedded systems too. Plus, the "leader" of the GPL world is clearly becoming a destabilizing concern. My ECON101-sense predicts that Linux is on it's way out as it looses all it's corporate developers. I can only hope they go beef up FreeBSD because someday I *do* hope to move up in the world to Solaris, AIX or Windows Server. I *am* exactly the company these people want to target. ... the business world fascinates me :-)

    6. Re:Crucial difference: by SanityInAnarchy · · Score: 1

      Once the startup matures into a certain size, they'll find that Linux just ain't cutting it no more (support, stability, scalability) and they need to move up the computer food chain.

      I suppose it's possible, but it seems unlikely. Linux certainly scales well enough to be used in Hollywood renderfarms, and I don't see anything close to that being used by any startup, anywhere.

      I would not be surprised if both Solaris and AIX provide a virtually seamless migration from Linux, perhaps even binary compatibility.

      I believe Solaris does offer Linux binary support -- as does BSD.

      But that's in no way proof of some sinister plan -- it's just proof of neither platform particularly wanting to commit suicide just yet.

      Shit, Sun is even now making an open source, entry level version of Solaris; perhaps as a reaction to GPLv3? Basically, they are hoping that startups on a shoe string budget will take free (Linux) over quick & easy (Microsoft) and grow up into paying customers.

      You know, Linux is quick and easy for the types of applications that make it popular.

      And OpenSolaris? What the fuck makes you think it's "entry level"? It's got everything the proprietary Solaris did. The only difference at this point is, if you actually buy Solaris, you get support.

      Microsoft wants us cheapsake startups who pick free (Linux) to use their tools (quick & easy) and when we grow up, we move onto their platform (Windows Server) instead of IBM or Sun.

      That would be because Microsoft doesn't provide a cheap platform that scales well. Linux does.

      Once again, I'm not convinced that every startup who started with Linux eventually has to move to Sun or IBM's OSes. And if they move to Sun, so what? It's open, they don't have to pay a dime to Sun if they don't want to. I've heard of people using Solaris only for ZFS -- literally, as in, they build a ZFS cluster, then share it over NFS to some Linux servers which do the actual work.

      GPLv3 makes it very hard for these companies to play this game.

      Even if you're right about that plan, explain how GPLv3 makes it any harder. I'll bet you just don't understand how it works.

      It also makes it hard for companies doing embedded systems too.

      Here, you're right, but only to a point -- not all embedded systems need to have proprietary components. I'd have thought OpenMoko would've proven that by now.

      But it still leaves a few very obvious choices:

      1. Use only GPLv2 stuff (not hard; the kernel would find it very difficult to go GPLv3, even if Linus loved it)
      2. Use BSD stuff.
      3. Buy or license another system entirely -- QNX, for example.

      Plus, the "leader" of the GPL world is clearly becoming a destabilizing concern.

      Good thing you put him in quotes.

      He's not my leader. He can't, in fact, do anything to me other than make GPLv4 do something I don't want it to do, and I'm free to license my software GPLv3-only, and only make the decision to GPLv4 if I like that license. Same with people who have GPLv2 software today -- even if they included the "or later" clause, the project as a whole can stay GPLv2 for as long as they like, and simply refuse any GPLv3 contributions.

      My ECON101-sense predicts that Linux is on it's way out as it looses all it's corporate developers.

      My faith in common sense predicts that, if SCO didn't scare them off already, RMS won't be very intimidating either.

      --
      Don't thank God, thank a doctor!
  50. Oh it's on by Almahtar · · Score: 1

    I'll gladly feed the troll here. DRM inherently limits access to the public. It is, by definition, a restriction on allowed distribution. The GPL can also be said to be a restriction of allowed distribution but there is a huge difference.

    One restricts against distribution, the other mandates distribution. One is inherently silencing the voice, the other is inherently requiring you have to free it. One will consistently disallow users to share for the common good, the other ensures that they will.

    Tell me how you can throw those under the same umbrella. They have one similarity - they determine the rights of distribution. They are diametrically opposed in the way in which they do so and what that means to the end users. Don't pretend you don't know the difference. I can guarantee any average user could.

  51. Why.. by agendi · · Score: 1

    Couldn't one just change the GPL'd OS source to in effect ignore or work around the closed sourced one? Unless they can also split the hardware control effectively neutering the device unless the closed OS is used?

    --
    I just can't be bothered.
  52. Why run Linux at all? by caseih · · Score: 1

    If you read the article, you'll know that the article is really nothing more than an ad for the Trango hyperviser system. After reading it, I'm let to wonder why someone with goals that conflict with the GPLv3 would want to run Linux at all? I mean if you're going to all the trouble to install and run a proprietary hypervisor, why not just go the rest of the way and replace Linux with a tried and true commercial, proprietary, and closed embedded OS. Why all this fuss about wanting to use linux at all? Seems to me that Linux, while ideal as an embedded OS, is hardly the only choice for the Tivo's of the world.

    Anyone who uses Linux in a Tivoized way, and feels bitter about the GPLv3 needs to examine themselves and their motivations and recognize that everything has a cost and now we are requiring them to pay up by honoring the GPLv3, or pay up by licensing an OS which is compatible with your aims. Complaining about the GPLv3 and trying to find ways to game the system is disingenuous at best, dishonest at worst.

  53. Why Use Linux? by maz2331 · · Score: 1

    If they want to lock the stuff down, why not just build the system with a BSD instead of using GPL code?

  54. I have a better solution for Tivo by Anonymous Coward · · Score: 0

    Just say "FUCK YOU" to the FSF and stop using Linux.
    And let all hardware makers stop using it. BSD is just as free as in beer, and just as good, and you don't have to deal with RMS's religion. Or even use WinCE or XPEmbedded. Whatever, just don't use a technology that is based on religion.

  55. The dumbest topic on /. by 7-Vodka · · Score: 2, Interesting
    I am amazed that the ratio of junk idiotic posts vs. informed posts in this discussion is astronomical.
    1. GPL3 is not designed to stop encryption of data (DRM - Digital Restrictions Management).
    2. GPL3 is designed to stop preventing a user of GPL3 software from using it to the full extent (right to modify and still use the device).
    3. What this white paper proposes is a way to implement DRM and comply with the GPL3.

    So where's the beef?
    The GPL3 doesn't stop DRM. Woot stop the presses! I could have told you that months ago during the drafting process because it's not designed to stop DRM.

    --

    Liberty.

  56. I sense a disturbance in the power by sumirati · · Score: 1

    There will be a GPLv3.5 in near future.

    Like for every other great thing there will be a .5 release - like for example, erm, Notes or Sybase.
    Even the MS SQL Server got a .5 upgrade Release, making 200.0 a 200.5.

  57. The point of this is ... by stevenmu · · Score: 1

    The point of this is that at the moment Tivo boxes run linux directly on the bare metal. But Tivo want to implement certain policies to control usage of the device, for e.g. they may not want you to be able to send unprotected video over a network link, or they may only want you to be able to send anything to specific authorised devices. These policies are implemented in software. Somebody who wants to bypass these policies can therefore, largely thanks to linux being open, simply modify the linux installation on the tivo box to do whatever they like. To prevent this Tivo have implemented a solution restricting users from modifying the linux software on the device. The GPL v3 prevents this kind of restriction, (among other things) in short if a device runs Linux the user must be free to modify it. This means that again users can bypass any software policies Tivo decide to implement. What TFA is suggesting is that linux on a tivo box can be run on a hypervisor. This means that tivo's policies can be implemented within the hypervisor, the hypervisor can be configured to only allow certain types of network connections for example. With linux then running on top of the hypervisor users can change what they like but they will not be able to bypass tivo's policies (untill the inevitable security hole is found in the hypervisor of course). I actually quite like this solution, while I don't like DRM this does mean it will be easy for users to customise it's OS anyway they see fit, maybe altering the UI or adding small apps or maybe even light games

  58. A network could do the same. Redefine "linking". by Anonymous Coward · · Score: 0

    A hypervisor is not needed to do this; a network (maybe in a box or on a board) could do the
    same with entirely separate chips. To keep this from happening would require some kind of
    language so that "linking" would encompass apps that live in multiple places, whether or not in
    the same execution engine or address space, so that the complete function required all of them.

    This would mean that remote invocation of code or other separation techniques would not matter.
    The key would be that pieces of software requiring, say, a GPL piece to work would fall under GPL
    whether or not they were link edited together; the test would be that combined function requiring the
    GPL piece would be GPL. It is possible to link together 2 routines such that they are part of the
    same program, yet one does not ever invoke the other. I've done this with driver code at times,
    just to get some other code loaded into kernel, where the "extra" loaded code was unrelated to the
    driver and neither called nor was called by it. Thus the link-edit definition of "linking" is
    arguably less correct than a combined function one.

  59. Please, try to read. by SanityInAnarchy · · Score: 1

    In other words, trying to feed my family using the skills I was born with.
    Nothing personal, but I like paying rent every month and my life would not be possible without paid software.

    I make a living writing software for small businesses. They pay me for my time, but they generally don't care what I do with the software once I'm done. In fact, they like the idea of GPL-ing it, because then they get the advantage of improvements from the community.

    Don't you see they only want to leverage linux as a way to upsell expensive hardware and AIX?

    Whatever their reasons, IBM has found a way in which they can make a profit, while employing people full-time to work on Linux.

    Not only that, but do you ever wonder who pays Linus' rent? He's a millionaire by now... But here, take a look. If there was no money to be made in open source, why are these companies literally giving money to the main Linux developers?

    I have to eat and tech support sucks.

    Even in a business model based around supporting an open source project, there's plenty of room for developers and innovation.

    People telling me I'm unethical or "antisocial" are borderline evil and are a much worse threat to humankind than any jackasses at the RIAA.

    So it's worse to tell you something insulting about yourself than to sue your ass into oblivion for no reason? That's not unethical, that's just stupid.

    I actually don't have any problem with your ethics, except the part where you apparently can't or won't read my post. I did address every single issue you had, and you proceeded to ignore that and rehash the same arguments... except, oh, "tech support sucks" may have been a reference to support-driven business models.

    --
    Don't thank God, thank a doctor!
  60. HURD failed for other reasons. by SanityInAnarchy · · Score: 1

    The corporate sponsors didn't show up for a long time -- I believe it took several years. And they certainly didn't notice until Linux was in a usable form.

    That's the essential difference -- 1991 was when Linus released a working kernel, all by himself. HURD had absolutely nothing usable at that point. Neither had any corporate backing, and in fact, Linus expected HURD to replace Linux whenever it was done, but as it turns out, microkernels are much harder to write than monolithic kernels, and developers do tend to flock to the more popular open projects.

    I think that is telling of the roles of free software vs. corporate/whatever-you-want-to-call-it software.

    Only if you have an agenda.

    If you were trying to make a case of Linux vs BSD, it would be telling. Linux has more developers simply because it was the first on the scene. BSD was still closed at that point. So, it does say something about a massive open community versus a few proprietary developers, and also about why if you're going to go open source, you should release early and often.

    --
    Don't thank God, thank a doctor!
  61. Hypervisor lock in to hardware? by CodeShark · · Score: 1
    I don't assume that this license bypass is a *good* thing, because Intel has no reason not to play nice only with M$ and the MPAA, RIAA's et. al of the world and it is far to simple to create a hypervisor linked to Intel's Trusted computing stuff and disable the ability of the motherboard to function in a friendly non-DRM restricted manner.

    But I also question whether or not it matters as much-- once the various Linux desktops reach critical mass. The fact is that in the Linux World, DRM'd stuff is pretty much ignored or worked around ANYWAY, so if someone comes up with a GPL'd codec to a DRM'd content file, the vendors can't control the ability of the Linux OS running under the hypervisor to access the content anyway. Also, since most of us aren't going to be running hypervisors on our machines, why would we buy a machine configured to work against us?

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  62. What is the impact of the video app being GPL3? by grandpa-geek · · Score: 1

    Because the Linux and the video app communicate via shared memory (and not the kind of arms-length communication -- files, pipes, messages, etc. -- used between separate works), the video app needs to be GPL3. That may be the Achilles heel of this arrangement.

  63. And the 28 days' grace for contract agreements by Anonymous Coward · · Score: 0

    In the UK at least you get 28 days to refuse a contract and all monies spent are returned. If buying a CD is a contract then you have 28 days to read the license and refuse to return the item (actually, just refuse the contract, no item needs to be returned: you just lost right to use the product).

  64. Using legalese to get around it by Anonymous Coward · · Score: 0

    If you need to use tricksy words to get around something, isn't this DEFINITE PROOF that you aren't obeying the spirit of the contrct?

    If Tivo thought that the FSF didn't mind their code being used this way, would they instead ask them to clarify that they could do this? That they didn't shows, surely, that they know the FSF DIDN'T.

  65. It's ours. by Anonymous Coward · · Score: 1, Interesting

    I see a lot of comments, but not one about how the inherent problem that is the company trying to control what we can or cannot do with our own hardware that we purchase.

    THAT is the problem. If I purchase it, it's my hardware and I'll do whatever the fuck I want with it.

    There should just be a no bullshit fine print statement in the GPL that states, "any hardware running any GPL'd version of software needs to be 100% unrestricted, same goes for any other software running on that."

    I'm sick of this stupid legal babble. "Oh TECHNICALLY we can do this" - kiss my ass.

  66. Excellent post by huckamania · · Score: 1

    This should be modded up. Excellent summary of all of the points.

  67. Important differences between the GPL and DRM by arete · · Score: 1

    An incomplete list of some important differences between the GPL and DRM:

    The GPL is perpetual. A significant fraction of DRM can have privileges "revoked" afterward, whereas the whole point of the GPL is that no one can ever revoke those privileges.

    The GPL is legal and may be sound; DRM is technical - and technically flawed. As this thread started with, all DRM can be defeated. If you can see it, you can copy it. It's POSSIBLE the GPL is flawed, but there is definitely not the certainty of that you have with DRM which, from a technical standpoint, MUST be flawed.

    DRM breaks the ownership model over your whole computer. A basic problem with DRM is that it depends on the model that you have no right to any control over your computer, a device you bought and did not rent. If you rented iPods and could only play DRM music on them, so be it. But DRM has coopted ownership to the extent that it's in deep conflict with the right of first sale.

    --
    Looking for freelance Actionscript (Flash/Flex) or ColdFusion work and/or freelance developers. Email me, put Slashdot
  68. How do you know? by Anonymous Coward · · Score: 0

    It doesn't run on the Tivo, so is that because the source isn't complete or is it because of a checksum in the hardware? Tell me.

    "Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment.

    It's been 1 hour, 17 minutes since you last successfully posted a comment"

    Soon it'll be 2 hours...