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Theo de Raadt Responds to Linux Licensing Issues

bsdphx writes "While Theo may have a reputation of being "difficult" in some circles, this response to the recent relicensing controversy is thoughtful and well penned. Through this whole process I've learned some new things about both GPL and BSD licensing, and especially about combining the two."

9 of 455 comments (clear)

  1. Just doesn't make sense by Anonymous Coward · · Score: 5, Insightful

    He says that you cannotmodify a file to remove a license without permission, but he fails to acknowledge that a dual licensed file gives you that permission with the other license. If the GPL gives me permission to modify a file, then I can remove the BSD license from that file. If the BSD license gives me permission to modify a file, then I can remove the GPL license from that file. So long as I comply with the remaining license, I have permission to distribute the result, as the remaining license is what gives me legal permission from the copyright holder.

    GPL fans said the great problem we would face is that companies would take our BSD code, modify it, and not give back. Nope -- the great problem we face is that people would wrap the GPL around our code, and lock us out in the same way that these supposed companies would lock us out. Just like the Linux community, we have many companies giving us code back, all the time. But once the code is GPL'd, we cannot get it back. Ironic.

    No, not ironic. Just dishonest. You say all along that taking without giving back is the ultimate freedom, you criticise the GPL for not allowing more of this, you allow it for proprietary software, but just as soon as GPL software does something you consider to be similar (even though the source is still out there, it's unusable to you), then you have a problem? You can't get the code back from proprietary software either, but you don't bitch and moan when proprietary software does it, in fact you criticise the GPL for not allowing it. This just looks like you have a problem with the GPL, hold it to a higher standard than everybody else, including yourself.

    1. Re:Just doesn't make sense by DaleGlass · · Score: 5, Insightful
      *scratches head*

      Your comment misses the point. What Theo claims (and he is right about it) is that by removing the BSD licence you don't contribute back to the BSD project that created the code you took. In other words you are doing just what you claim companies would be doing, because as soon as you put that under the GPL, the BSD project cannot use it anymore.

      Right, but the BSD in fact gives you the permission to do this

      What he said is that this type of action is equal to not playing the community game as far as the BSD project is concerned. Your code maybe available for Linux, but it is not available anymore for OpenBSD or other non-GPL project. In essence you are removing freedom on code you did not create. This is what is ironic.

      Weirdest thing I've heard lately. This pretty much agrees with the GPL concept of "freedom" and seems to imply that BSD should be GPL licensed.

      *head explodes*
    2. Re:Just doesn't make sense by roman_mir · · Score: 5, Informative

      *scratches head*

              Your comment misses the point. What Theo claims (and he is right about it) is that by removing the BSD licence you don't contribute back to the BSD project that created the code you took. In other words you are doing just what you claim companies would be doing, because as soon as you put that under the GPL, the BSD project cannot use it anymore.

      Right, but the BSD in fact gives you the permission to do this
      - BSD does not let you remove the BSD license from the BSD code. Also NO license can supersede the copyright.

      BSD allows you to use the code in your own project, your own project can be then redistributed with BSD code in it, however the BSD license cannot be removed from the BSD code. BSD code can be modified but the BSD license cannot be removed from the modified file either. It is not possible to add a new license to a BSD licensed file without permission of the original copyright holders.

      However you can take BSD code, add it to your own project and distribute just the binaries of your project without giving any source code to anyone and it is not illegal under BSD. But BSD is a license and it cannot be legally removed from a licensed file.
  2. GPL intends to be one-way by Russ+Nelson · · Score: 5, Interesting

    The intent of the GPL is to be a one-way trip. The idea is to create a large pool of identically-licensed code so that projects msy mix and match, borrow and steal from each other.

    --
    Don't piss off The Angry Economist
  3. Re:Dual licensing interpretations by DaleGlass · · Score: 5, Insightful

    For example, I could invite you around my house and say "If you're hungry, grab something from the fridge". While it would be 'legal' for you to empty the entire contents of my fridge in to the back of your car and drive off with all my food, it's not exactly ethical.


    Exactly right! Except "grab something from the fridge" is very fuzzy, while the GPL and BSD are very specific about what exactly they mean, and have been debated to death. By now everybody understands exactly what the BSD means.

    Now the lesson is this: If what you feel and what say do not match, then you're going to have problems, and they'll only be your fault.
    If you say "Feel free to borrow my lawnmower whenever you need", and then your friend takes it right when you needed it, and that annoys you, whose fault is that? Your.
    If you say "Feel free to take my source and do whatever you want with it", and then they do, and the conditions under which they license it annoys you, whose fault is that? Your.

    The problem here is exactly this: Some people licensing software under the BSD do it trying to appear more altruistic than they actually are (not saying this is all of them though). In this case Theo seems to be demonstrating that what he thinks should happen with his code, and the terms he actually licensed it under differ.

    If there's something you don't want to be done with your software, don't release it into the public domain or under the BSD.
    If you don't actually want to have your project forked or built upon, don't release it under the GPL.
    If you don't want to have friends suddenly show up at 3AM, then don't tell them they can do that just because you wanted to look polite.
    If you offer to drive somebody somewhere, and that they actually accepted your invitation annoys you, then you shouldn't have done that.

    IMO, trying to appear more polite and altruistic than you actually are is the cause of much annoyance in the world.
  4. Re:Compiz/Beryl by Anonymous Coward · · Score: 5, Insightful

    It's about PERSPECTIVE, dude. I don't know if you're being facetious, but things are relative. Just like in OO programming, if two objects are effectively identical in behavior and interface, they are interchangeable.

    From a BSD coder standpoint, the GPL IS no different from a proprietary license. Well, there is one difference. It's a white box instead of a black box. I can go in and see how it works and come up with my own algorithms. I could do it with a the black box as well, but it takes longer. But the reason why its no different is because as a BSD coder, I am no more able to use the GPL code DIRECTLY in my work as I am with a company that has locked it up.

    And that is PERFECTLY FINE. GPL or proprietary, someone has found a use for BSD code and it moves on. Directly or indirectly, EVERYONE benefits. But IF you are going to share anyway (note the big 'if'), why can't you share with the BSD coders who made it possible?

  5. Re:Dual licensing interpretations by stony3k · · Score: 5, Insightful

    The point is that the original code could have continued to be dual-licensed and then it would have helped both BSD and GPL camps. By removing the BSD license (which they may not have the rights to do - IANAL but maybe that can only be done by the original copyright holder), they have now cut off part of the community. That is not ethical, IMHO.

    I'm generally a strong believer in the GPL, but in this case I find myself sympathizing with Theo. Also, even though the BSD license allows anyone to close the source, in general, the BSD developers like to have changes given back - they just don't like forcing people to give back improvements. It's like an honor system, and in this case they feel changing the license to GPL was dishonorable, especially since the Linux devs should have known better.

    --
    Freedom is not worth having if it does not include the freedom to make mistakes. - Mahatma Gandhi
  6. Re:Compiz/Beryl by Dun+Malg · · Score: 5, Insightful

    So nothing is morally wrong with sharing modified BSD code with other GPL coders, but not with the BSD coders who made it possible? If BSD-license-using coders find it "immoral" for people to use their code under other, more restrictive license schemes, then why are they using the BSD license? Hasn't Theo de Brat long boasted that the BSD license is superior for exactly this reason, the true freedom to do what you like with the code? Releasing under the BSD license and complaining about BSD code getting "GPL'd" is the height of absurdity. The BSD coders don't get to use the code when it's expanded and the resulting app is sold in the traditional business, and they're fine with that. It's like what they say about freedom of speech: the price is that you can't silence people you disagree with.
    --
    If a job's not worth doing, it's not worth doing right.
  7. Re:Compiz/Beryl by Anonymous Coward · · Score: 5, Interesting

    You're right, but that situation is BETTER. Theo pointed something very obvious out that you're missing:

    Many businesses give back to BSD.

    No GPL code will ever go back to BSD.

    GPL'ing BSD code is a slap in the face that says "We will never, ever, give back. Period."