Resolution of BSD-GPL Wireless Code Dispute?
An anonymous reader writes "The highly publicized debate between Theo de Raadt and the Software Freedom Law Center seems to have come to an amicable end. SFLC has published its research on the lineage of the ath5k driver and determined who owns which changes. In the end, everyone agreed to license their modifications to the Linux driver under the BSD license, and OpenBSD developers can now reincorporate those improvements into the original code (with the exception of one historically GPL-licensed branch)." The article notes that Theo de Raadt has not responded publicly to this development but that comments on the issue in an OpenBSD Journal forum have been generally positive.
I, for one, am glad that this huge shitstorm over a minor licensing issue has been resolved amicably (or at least until Theo has his say...)
Chas - The one, the only.
THANK GOD!!!
There is one good thing that comes out of this: collaboration between BSD and Linux developers on wireless drivers. The licensing issue was bound to happen sooner or later on some piece of code. It's good that it happened early on in a project and with only bruised egos to show for it.
Wireless support in OpenBSD is outstanding. You can use ifconfig to manage your wireless devices just like you can for wired interfaces. I don't know a whole lot about OpenHAL, but if it works the way wireless does in OpenBSD, common libraries are simply reused so that developers can get new drivers up and running quickly. This will be a good thing for Linux, and the additional attention will improve wireless support for both platforms.
Ok, they are indeed announcing that supposed changes by the Linux Wireless folks involved in this dispute will be released under a dual GPL or ISC license. But the last time I heard about this dispute, Reyk and Theo's most pressing claim was that the Linux Wireless developers in question illegally put their own copyright and license notices on work that they did not own; i.e., their position is that the Linux Wireless folks, in more than one instance, hadn't done enough original work for their release to qualify as a derived work of Reyk's code.
I don't see anything in TFA that directly addresses this. There is a link to a new document about originality requirements under the law (which I haven't read yet, I'll admit), but I would hope that this issue was addressed explicitly.
Are you adequate?
I mention in an earlier post an SFLC document about originality requirements. They've also put together a set of guidelines for using permissively-licensed software in a GPL project.
These are both in TFA, but it seems that most people here will find them more interesting than what the writeup actually says. Of course, important caveats: if this is really important to you, consult an unbiased lawyer.
Are you adequate?
Isn't it horrible that reasonable people came together, worked things out, and decided on the best course of action? Now, the people who will obviously continue to rant will look like all they have is an agenda.
Reading quickly, the real meat of this is code analysis document, where the SFLC seems to argue, contrary to Theo and Reyk, that the files with the added copyright notices do qualify for derived work. (Still reading it.)
Are you adequate?
This stems, mostly, from confussion over the BSD license I think. It's accepted that you CAN just take BSD code and build it into your own code without returning anything back. It seems the major issue was the lack of credit given and that the changes from the BSD version to the GPL version were really minor.
It seems kind of petty to whine about someone stealing your code if you're releasing it under the BSD license though. By using the BSD license instead of the GPL you're choosing to let people take from you without giving back. I frequently hear the argument that BSD licensed code is really free, and the GPL isn't, over exactly this issue.
At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
Other than the fact that this is a flamebit, you seem to have missed the obvious moral superiority that BSD developers believe they have. If they didn't, Theo wouldn't be yelling about how wrong the GPL is.
The GPL is a militant license. I totally agree. It's just as militant as the companies it was designed to fight against. It was designed to make sure that no company could take GPL'd code and use it without returning the favor. Most companies would not do that without being forced. Look at Microsoft use BSD code in its operating system, not provide access to it, and at the same time try to destroy free software with the money it makes. Look at the trouble it is having doing this with GPL software.
As I have said before, when the only two ways to release software are BSD and GPL, the GPL will no longer be necessary, but we are not there.
Look, I like the GPL and prefer it as a license, but he actually had a valid complaint in this case.
So whilst it is true that he is not a lawyer, bringing that up is completely irrelevant. He was correct nonetheless.
It'd be nice to get better collaboration with the Atheros drivers.
Wireless is the big hole with Linux. Its support is dodgy at best.
09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
Many people still put great store by public demeanor, that they will prefer having a business relationship with someone who appears reasonable (even knowing that they will probably stab you in the back tomorrow) over someone who cannot control their temper to have a discussion.
Having said that, I have to make it clear that in no way do I think Ballmer's contributions (if they can be termed as such) towards IT is anywhere close to Theo de Raadt. And just in case you want to bring up RMS, I really don't know much about him, but while GPL is his baby, I don't think he represents programmers who adopt GPL for their codes. There's often an assumption of moral superiority of the GPL from the GPL camp. And there isn't such an moral superiority assumption from the BSD camp?
I understand Theo does not represent the whole of the BSD camp, but if Theo really thinks their "philosophy" is "morally superior" to GPL, then he should stop complaining in interviews about how companies don't give them money.
The GPL only covers redistribution, not use.
how to invest, a novice's guide
Here is a juicy flamebait for you all...
A large number of Slashdotters reject any right of music- and movie-creators to tell us, what we can do with the music. The licensing of the entertainment media files are rejected by both the vocal minority and the moderating majority. In addition to the juvenile (and Communist) "rob the robbers" (il)logic (applied to the **AA members, who are "large corporations" or "rich and powerful"), all sorts of other arguments are put forward, including how copyrights are a fairly recent (only a few centuries old) fenomenon, and how creators should be encouraged by fame, etc. instead of by keeping full control of their creations.
Why should not the same logic apply to software? Why are we even looking into the intricacies of GPL vs. BSD licenses, instead of denouncing them altogether like we (or most of us, anyway) do with entertainment licenses?
If, as is the prevailing view on Slashdot, any curbs on entertainment are wrong, why are we supporting curbs on software use — by, for example, cheering the GPL-enforcement litigation?
In Soviet Washington the swamp drains you.
Does anyone else think that this whole affair is Theo de Raadt's payback for the Broadcom Driver dispute earlier this year? Then, de Raadt vehemently accused the Linux developers of "ganging up" on one guy from his OpenBSD team, who had copied code GPL'ed from the Broadcom Driver project and removed the GPL clause.
See here: http://lxer.com/module/newswire/view/85224/index.html
I'm beginning to dislike the GPL more and more. I don't think it's the right way to go about things. While I'd prefer all software to be Free Software, I don't think of proprietary software as evil. If people don't want to use proprietary software, they don't have to. They have the freedom to say no. The FSF seems to think that nobody should have the right to say yes to proprietary software. Not as users nor as developers. I don't agree with that.
/want/ proprietary software).
/remain/ free!" Nobody can make your ISC/BSD/MIT/whatever-non-GPL licensed code non-free. They can make their modifications to your work non-free, but so what? Your code is still free, and people still have the freedom to choose.
... Carry on.
What I think is more important is freely available documentation. Join that fight instead. If FOSS is so superior as the advocates claim, then proprietary software will eventually go away, GPL or no GPL (unless, ofcourse, people actually
Tivo(ization)? Really, what's wrong with it? People have the freedom to not use it. They also have the freedom to use it, and many do. Why? Because it's a cool product and 99.9% doesn't give a crap about having access to source code and being able to modify the product. The FSF seems to imply that you do not have the freedom to not care about these things. "No! That's not freedom! You'll be dominated by your software, handcuffed!". What? I'm watching TV!
"But without the GPL, software won't
Now, this wasn't exactly what the article was about, but I just felt like having a little rant
The SLFC's document about originality requirements spends nearly all of its time citing USA court decisions, whereas any action would be brought in Germany, not the USA. Yes, the very last section of the document (section 7) handwaves away this critical issue, by saying that we can use American copyright law as a guideline as to whether requirements of E.C. copyright law are met.
IANAL, but isn't this a pretty bad idea?
Are you adequate?
The Intel cards are among the best-supported wireless cards on Linux. The new one has been supported for a while now by the iwl4965 driver. It is in Ubuntu Gutsy (which is quite stable already, btw), and Gentoo, just to name two distributions.
Oh, and I am typing this on WPA-PSK with the native iwl4965 driver on x86-64, without any hacks or tweaks.
If I release my code under a BSD-style license, the fact that I allow you to use my code in nearly any way you want doesn't mean that I allow you to steal the credit for my work. This is really what this issue boils down to, which people repeatedly seem to miss.
The OpenBSD side's legal allegations are that first that their code was taken without attribution (stripping the original author's copyright notices), that somebody who doesn't own their code acted as if they did (by changing the license notice to GPL only), and then that even when the original notices were more or less restored, there was a claim to owning part of the work in question (by adding additional copyright and license notices), when there were (by their allegation) no original contributions, and thus, no part of the released work that was owned by anybody other than the BSD folk.
Are you adequate?
The mess came around when the GPL peope begged for dual licensing to they could develope GPL style on the code in question. They ended up just taking the code, changing a few lines and claiming it as their own without attributing the copyright or anything the BSD license requires. They then relicensed the entire package under the GPL so it couldn't be used in a BSD program again. What brought the situation to light was when a GPL programmer attempted to call the BSD guys on using their GPLed code.
So yes, it is a mess. And it started with some serious misguided individuals who might have had good intentions but lacked enough information at one time to discern what was really going on.
"Is it because it allows you the convenience of assuming that you're always right?"
Get of your high horse, asshole.
"Unless you judge that the disadvantages of doing what you recommend outweigh the advantages of using the more permissive license."
There only "advantage" to the BSD license is the freedom for anyone to take it and use it for whatever they like. That's why you choose it, to get pissy when people use it is ridiculous.
It's like standing on a street corner shouting "free money" and then being annoyed that people come and ask you for it.
I know what you're driving at, vaguely, that BSD licensed code encourages propagation of standards a nnd interoperability, but for most that doesn't come close to outweighing the idea that they don't want their effort to be able to be taken and sold for profit by others. Asking them to change it (as if they hadn't even considered their license choice in the first place) is ridiculous, and having a pissed of rant is hypocritical. "I don't like you relicensing my code so you'd better relicense yours to my license that specifically allows relicensing". Idiocy.
Maybe I'm wrong, maybe most open source devs don't think further than "GPL GOOD!", but somehow I doubt it. Most software folks I've ever met have been extremely clued in on the main two (GPL and BSD) licenses.
From a legal standpoint, as well as fairness, I think it's always important to give proper credit. I think, as part of that, that you can't actually relicense someone elses BSD code but you can use it, make changes, and you don't have to share your own changes. Other than that I don't see that there was anything to make a fuss about. You can include BSD code in a GPL program without any legal issue. That's why they took off the advertising clause.
I think the need to multi-license code is one of the stickiest points of open licenses. The biggest issue of course is that a single logical segment of code may not have been authored by a single individual and in that case no single individual may have the right to release the entire logical segment under additional licenses. On the one hand this makes it harder to re-close open code but on the other it's also harder to relicense or multi-license code.
From a practical point of view, multiple owners of a code stack is something of a pain. If I want to dual-license a program I wrote under GPL and a closed license (ie for money you can license the code and not return your changes) I can do that but the issue becomes stickier if I merge changes submitted by others back into my code tree. If I don't merge those changes back into the code tree then much of the benefit of making it GPL is lost.
At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
It seems kind of petty to whine about someone stealing your code if you're releasing it under the BSD license though. By using the BSD license instead of the GPL you're choosing to let people take from you without giving back. I frequently hear the argument that BSD licensed code is really free, and the GPL isn't, over exactly this issue.
You completely misunderstand the issue. The issue is not complying with the letter of the BSD license, the issue is ethical behavior and the spirit of FOSS. At the core of FOSS is the ethic of giving back to those whose shoulders you stand upon. If you are taking a BSD work, integrating it into your GPL project, and making *minor* changes or bug fixes it is ethical to submit those changes/fixes to the BSD community. If you are making *major* additions then there would be no ethical requirement to share, but for minor changes and bug fixes there is. Again, I'm referring to ethics and the spirit of FOSS, which is certainly something different than the letter of a license.
I also find *some* hypocrisy among the more enthusiastic GPL advocates. They defend the letter of the license with respect to using BSD code, yet they claim that those selling products based upon Linux should go beyond the GPL and give back more than the source code. That such vendors should also target their products towards Linux desktop users rather than only Windows and Mac users. I have nothing against encouraging vendors to consider Linux, but this logic bothers me given the way BSD developers are sometimes treated. Which is it? Share when it is not excessively burdensome to do so or do what is minimally required by law?
that.
There are two basic things:
1) No company wants to compete with a Free product. Even one which is merely gratis is problematic (look where Netscape went). Since a proprietary product can only charge for their value adds, they don't get anything by taking the code continuously while never giving back. Note that in the last siven years, I have watched most prioprietary spinnoffs of PostgreSQL die. These include Mammoth PostgreSQL, Pervasive PostgreSQL, and Fujitsu PostgreSQL.
2) Refusing to contribute has serious financial risks in BSDL project. Basicaly, if someone else makes inferior but similar modifications, you end up bearing the burden of managing an increasingly complex changeset across versions. This is extremely draining.
So I think you are mistaken as to whom the second class citizens really are in such a project. Note again, in the PostgreSQL world, those companies that do use the code in their proprietary products successfully give back everything they possibly can (meaning everything the community expresses an interest in making part of the core project). The community as a whole doesn't really want the proprietary bits in BizgressMPP, nor do they want the Oracle compat bits of EnterpriseDB. So everyone is just as happy to let them sell their products.
LedgerSMB: Open source Accounting/ERP
A legal dispute was settled amicably? Who'd of thunk such a thing was possible? Where were the lawyers when this was going on? Did someone take them off and get them drunk or something?
Those who do study history are doomed to stand helplessly by while everyone else repeats it.
This comes about as GPL zealots decided that freedom isn't free enough. BSD freedom consists of Freedom: retain this license and this copyright. Follow those rules and you can do what ever you want.
Whatever. You. Want. Baby mulching machines included. http://www.openbsd.org/cgi-bin/cvsweb/src/sbin/ipf/Attic/ipf.c
The GPL is not free. Free+conditions is not free++, but free-- or, more accurately, (symbol: less than) free.
I appreciate the work done, but I don't care for the zealotry. You can't dictate freedom.
Chris
So Buddha walks into a pizza parlor and says: "Hey, make me one with everything."
Apple does not do what you have described. What Apple has done is taking some BSD-licensed code then put their own proprietary shit (things that are not open in the first place) on top of it. When Apple makes changes to any BSD codes, they usually return the changes upstream. Just look at Webkit for an example.
Do you really think Apple will release codes that are closed-sourced in the first place? Apple has almost always released their changes back to the developers.
Please note the "They" was not "The GPL guys" but one lone programmer who submitted his changes to the project, they were not accepted no-one else was involved .....
Puteulanus fenestra mortis
> It is odd that without the rants and people with agendas, this would have never been worked out.
Yes, it is odd because it is most likely wrong. Nothing wrong with people with agendas (don't we all have some agenda?). But the rants are only good for digging trenches, making it harder for both side to agree on a solution to the benefit of all.