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Microsoft 'Shared Source' Attempts to Hijack FOSS

aacc1313 writes "An article that details how Open Source is being hijacked by Microsoft and the sort via 'Shared Source' licenses and how Open Source licenses have become so much more confusing. From the article, "The confusion stems from the fact that Microsoft's 'shared source' program includes three proprietary licenses as well, whose names are similar in some ways to the open-source licenses. Thus, while the Microsoft Reciprocal License has been approved by OSI, the Microsoft Limited Reciprocal License (Ms-LRL) is not, because it allows users to modify and redistribute the software only on the Windows platform" and "The 'shared source' program was and is Microsoft's way of fighting the open source world, allowing customers to inspect Microsoft source code without giving those customers the right to modify or redistribute the code. In other words, "shared source" is not open source, and shouldn't be confused with it.""

381 comments

  1. Auditable source by davidwr · · Score: 5, Insightful

    Read-but-not-reuse source really should be called auditable source or, if you are allowed to change and recompile it for your own use, a traditional commercial source-code license except it's free-as-in-beer.

    Both have value and are better than closed-source software. Neither is free-as-in-freedom.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Auditable source by Ed+Avis · · Score: 1

      Read-but-not-reuse source really should be called auditable source
      I think calling it 'closed source' would be fine. As opposed to 'no source at all'.
      --
      -- Ed Avis ed@membled.com
    2. Re:Auditable source by Anonymous Coward · · Score: 1, Insightful

      GPL isn't free as in freedom either.

    3. Re:Auditable source by drinkypoo · · Score: 4, Informative

      The OSI did not invent the term "Open Source". The phrase means only that you can get and use the source code, NOT that you can redistribute works based on it. We have a name for code with licenses like that already, it's called "Free Software". For more ranting on this subject, see this journal entry I wrote on the subject. Short form: The OSI should not be allowed to define what "Open Source" means any more than McDonalds should be allowed to define what "Hamburger" means.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Auditable source by harry666t · · Score: 4, Informative

      "Shared source" IS open source. The source is open. You can open it in a text editor and read it.

      But it is NOT free software.

      I'm with FSF about this one. The "open source" term made it all less clear what this whole movement is all about.

    5. Re:Auditable source by Yenya · · Score: 2, Informative

      Short form: The OSI should not be allowed to define what "Open Source" means any more than McDonalds should be allowed to define what "Hamburger" means. Remind me again since when McDonald's had a trademark on the word "Hamburger". OSI has a trademark on the term "Open Source", so naturally they are allowed to define what "Open Source" means.
      --
      -Yenya
      --
      While Linux is larger than Emacs, at least Linux has the excuse that it has to be. --Linus
    6. Re:Auditable source by _Sprocket_ · · Score: 2, Insightful

      The OSI did not invent the term "Open Source". The phrase means only that you can get and use the source code, NOT that you can redistribute works based on it. We have a name for code with licenses like that already, it's called "Free Software". What makes "Free Software" and less ambiguous than "Open Source"? There's been plenty of discussion on that subject that covers the confusion of that phrase. Although I'd expect a fair amount of folks around these parts would associated "Free Software" with the Free Software Foundation and/or GNU project.

      And that's the core of the issue. Who gets to define what a phrase means? Some phrases gain special meaning - even when they consist of common words. If the meaning of a phrase has certain value, you can expect people to make an effort to alter that meaning to meet their goals.

      Who gets to define what "Open Source", "Free Software", "Windows", "Solaris", or "Apple" means? None of these phrases are really all that unique in the English language. Yet they all have very distinct meanings in the IT industry.
    7. Re:Auditable source by Yetihehe · · Score: 2, Interesting

      Most of this confusion is about difference in free=free as in beer || free as in speech. In polish we have separate words like "wolne" for free as in speech and "darmowe" for free as in beer. But we have other problem, because "wolne" also means "slow" so "wolne oprogramowanie" means "free programs" and "slow programs". This is not helping very much. I see only one solution: invent new word for free as in speech (both in english and polish).

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
    8. Re:Auditable source by fbjon · · Score: 4, Interesting
      But it's not closed. I propose a scale:
      1. Public domain (or legal equivalent)
      2. Open source
      3. Free source
      4. Visible source
      5. Closed source
      Optionally bundle Free/Open together.
      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    9. Re:Auditable source by mrsteveman1 · · Score: 1

      Because people are constantly having to remind people what Open Source means because the definition zealots like to throw around isn't at all reflected by the name.

      Open Source is the opposite of Closed Source. Its quite clear english as far as I'm concerned.

      However, the OSI and others step in and add conditions to an otherwise clear phrase. Open Source is open, but also you can do whatever you want with it, etc.

    10. Re:Auditable source by bsDaemon · · Score: 1

      In Latin, libertas is free as in liberty and gratis means without charge.

      This used to be a pretty common method of clarification -- of course, many of the same people who are confused in the first place also didn't take Latin, so I'm not sure if it'd really do to make it standard.

    11. Re:Auditable source by man_of_mr_e · · Score: 1

      This argument is tantamount to the fabled molehillian mountain.

      There are literally HUNDREDS of open source licenses, many of which are OSI approved. Claiming that users are too stupid to understand the terms of a license doesn't say much for their ability to understand any of those other licenses either, including the GPL.

      Also, those living in ambiguous houses, shouldn't throw definition arguments. The term "Free" is highly ambiguous, and the FSF knows it (what with all the Software Libre essays), yet the continue to use the term knowing that others will be confused by it.

    12. Re:Auditable source by harry666t · · Score: 1

      Rzeczesz prawde, bracie :) jednakze...

      There's already a word for "free as in free speech", I mean "libre":

      http://en.wikipedia.org/wiki/Gratis_versus_Libre

      (There's no polish counterpart for "libre", but do we really need one so badly? "WIOO" seems to be liked, although it again introduces another level of confusion :P)

    13. Re:Auditable source by Sancho · · Score: 1

      OSI has a trademark on the term "Open Source", so naturally they are allowed to define what "Open Source" means. The term has probably become generic enough to invalidate the mark without much trouble.
    14. Re:Auditable source by _Sprocket_ · · Score: 1

      Open Source is the opposite of Closed Source. Its quite clear english as far as I'm concerned.

      However, the OSI and others step in and add conditions to an otherwise clear phrase. Open Source is open, but also you can do whatever you want with it, etc. What's interesting about this conversation is that people have such a distinct impression on what is clear and what isn't. So what exactly does "Open Source" and "Closed Source" mean? What makes them opposites?

      Is visibility of source code the definition? Does that make all web-based applications "Open Source"? How about any other uncompiled script? If I have a special agreement with a software publisher that gets me access to source code, does it now become "Open Source"? Does seeing source code but not being able to use it conflict with the idea of being "open"? And if so - exactly what use does one expect before one is satisfied on openess?

      You say OSI has added conditions to a clear phrase. It seems to me that they've clarified it.
    15. Re:Auditable source by KutuluWare · · Score: 4, Interesting

      I think we are running into the same problem with "closed" that we have run into with "free" for years now. The word is typically used because it is the opposite of open, but both words have a number of subtly different meanings, and every definition of "open" is not the exact opposite of every definition of "closed".

      Closed can mean "not allowing access", which covered most proprietary software where the source code is completely hidden from everyone except the copyright holders.

      Closed can also mean "not open to the general public", which covers the type of traditional source-code licenses being referenced in the GPP. In this case, there are some people who have access to the code, it's just not publically visible.

      There's a third definition of closed, that of "requirement memebership", usually in the sense of a closed union shop or a closed industry trade group. This is very roughly the sense of closed that applies to the some of the shared source licenses, in that the code is open to the public only in the sense that anyone willing to follow all of the "membership requirements" is allowed to use it.

      Of course, arguably any license fits into that third category, so the difference between open and closed then falls onto how open or closed those individual requirements are. For example, the limiting of access of derived software to only running on Windows is more closed than allowing derived software to run on any platform.

      The FSF has taken to using the term "libre" instead of "free" because it has the explicit connotation of freedom by lack of restructions. There must be terms that are less ambiguous than "closed" that are also appropriate. A poster lower down suggested Visible, which is better but still doesn't distinguish the various degrees to which a company can make its source visible. Unfortunately I like the word "shared" in certain senses but not in others. It has the implications of being available for others to look at, but still being completely owned and controlled by the copyright holder.

      Perhaps:

      * Public Domain - Or legal equivalent
      * Open Source - Open with minimal restrictions (BSD)
      * Free Source - Open but with restrictions (GPL)
      * Shared Source? Illustrative Source? Read-Only Source? This is where I get stuck. Code that anyone can see but cannot use.
      * Restricted Source - Available under severe restrictions (confidentiality etc.)
      * Closed Source - Fully hidden from all but copyright owner

    16. Re:Auditable source by Anonymous Coward · · Score: 0

      I'm a developer, and as such, the most tedious and confusing part of my work is reading and understanding these various licenses, especially "Open Source" licenses.

      As far as I'm concerned, even with any GPL variant, unless you are a lawyer, software licenses weren't written for you.

      The reason "Open Source" licenses tend to be more confusing is pretty simple. With a closed source license, you pretty much know ahead of time what you can do with it... install and run it. With "Open Source" you have to read and comprehend what the author allows you to do with it, and this varies greatly from license to license and author to author.

      Closed source pretty much means closed source, but when you say "Open Source", who knows exactly what it means without reading and digesting it.

      There are a few exceptions to the rules, but these are written in plain English, not the standard legalese.

    17. Re:Auditable source by man_of_mr_e · · Score: 1

      That's one of the nice things about the MIT, Apache, or BSD licenses, they're very simple. Basically, "Do whatever you want, just don't sue us and don't remove attribution".

    18. Re:Auditable source by drinkypoo · · Score: 2, Interesting

      OSI has a trademark on the term "Open Source", so naturally they are allowed to define what "Open Source" means.

      No, they do not.

      Your confusion perhaps stems from the fact that their small logos make it look like they have a trademark on the term Open Source. Whether this is deliberate or not, it's hard to say; if assembled by a competent designer, then if it is not meant to indicate such, it is an error; otherwise, it is a sign of incompetence in design (which is OKAY - I mean, there's a reason why people with money spend lots of it on a logo.)

      The OSI originally submitted or intended to submit (I have not researched the details at this time, but if you look around in the comments to this story you can find discussion of it) a trademark application on the term "Open Source" but withdrew it on the advice of legal counsel or something. They now feel (as far as I can tell from public comments - I am not qualified nor am I authorized to speak for the individuals in question) that it was a mistake not to go through with the application.

      Of course, it's easy to say that today, when they are catching so much fire for not having that trademark - but that is in turn a direct result of their stated intent to "crack down" on "misuse" of the term "Open Source", and the continued fallout from that and other such non-events, like the story which we are currently discussing (or whose discussion, at least, we are contributing to in a peripheral sort of way. We're not so much discussing the article as discussing its irrelevance, but whatever.)

      The simple truth is that the OSI has no inherent right to enforce any particular meaning of the phrase "Open Source". If they should file for and be awarded a trademark on the term, then they will have a legal right to redefine the term, which unless challenged will effectively settle the issue - at least in the country or countries where the trademark is awarded and/or recognized. Even if that happens, however, it will still not change the fact that the OSI would be redefining the term Open Source! There is simply no way around that! The word Open had a clear meaning within the computing community before the phrase "Open Source" did, and that meaning was interoperable (and to some extent, transparent - meaning at least that they conformed to some kind of published standard, even if it was one the authors/distributors published themselves and which no one else was interested in.)

      It follows that the original meaning of the phrase "Open Source" was based on this understanding of the word "Open" which was well-established by the time anyone ever uttered the words together. See this journal entry for my so-far earliest citation; I occasionally seek others, but so far this one has been sufficiently uncontested to continue to be useful. :)

      OSI's claim that the meaning of "Open Source" is "compliant with OSI standards" is pure rubbish. The use of the term predates Perens' creation (in 1997) of the Debian Free Software Guidelines (DFSG), a work whose impact should not be underestimated or dismissed but which nonetheless has no bearing on the already-established meaning of the term "Open Source" (as evinced by Caldera's use of the term in its correct modern connotation in 1996.)

      Fortunately, not every member of the computing community is as confused on this subject. Of course, the meaning of the term "Free Software" would seem to be a similar situation, but in actuality the situation is different if only because of the convention that where there is the potential for confusion, a distinction will be drawn between types of freedom - notably, Free as in beer or Free as in speech.

      Anyway, w

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    19. Re:Auditable source by AmaDaden · · Score: 1

      I agree with the scale idea. But what is the difference between Open and Free on your scale?

    20. Re:Auditable source by mortonda · · Score: 1

      But it is NOT free software.

      I'm with FSF about this one. The "open source" term made it all less clear what this whole movement is all about. "Free" can mean free as in liberty, or it can mean free as in no cost. That's confusing too. Most people tend to think of free as "no cost", since it is used in so much advertising.

      I think a more precise term would be "emancipated software" but it just doesn't roll off the tongue very well. Software Libre?
    21. Re:Auditable source by fbjon · · Score: 1

      Open is like the BSD or Apache license, Free is like the GPL, to put it in a simplistic nutshell.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    22. Re:Auditable source by drsmithy · · Score: 0, Troll

      I'm with FSF about this one. The "open source" term made it all less clear what this whole movement is all about.

      Rrrright. But using a definition for "free" that no normal person would think of with makes it crystal clear...

    23. Re:Auditable source by bsDaemon · · Score: 1

      So, Public Domain is the best and closed source is the worst, but BSD-license is better than GPL?

      But doesn't that mean, then, that PD/OSS software is "more free" than the "free software?" I might tend to agree, as I cut my UNIX teeth with FreeBSD 2.2.8 and still love the system, however - I think that "more free than Free" might just lead even greater confusions.

    24. Re:Auditable source by Jim+Hall · · Score: 1

      But it is NOT free software. I'm with FSF about this one. The "open source" term made it all less clear what this whole movement is all about.

      While I'm not 100% with the FSF on the "open source" vs "Free software" terminology, I do think "open source" is overused and often misapplied. I said something similar to this when I criticized OpenDOS for not really being "open". They had made the source code available - to view only, you couldn't do anything with it. So they called it "open source" and "free", even though it wasn't really either. That was years ago. They've since changed back to proprietary, which (at least) is more honest.

    25. Re:Auditable source by HTH+NE1 · · Score: 1

      Well, he did say Free and Open could be bundled together, presumably as a single category.

      As a scale outlining the weight of strings attached, it's useful at that level. Thing is, some feel that the presence of certain strings are more desirable than their absence. A grid may be more appropriate, mapping two (or more) qualities and assigning names to their intersections.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    26. Re:Auditable source by Anonymous Coward · · Score: 1, Funny

      Shared Source? Illustrative Source? Read-Only Source? This is where I get stuck. Code that anyone can see but cannot use.

      How about "Useless Source"? Pretty much sums up source that I can see, but I can't modify or redistribute.

      How about "IP Violation Trap Source"? Pretty much sums up source that can be accidentially mistaken for 'open', re-used by mistake, and get you all set up for a lawsuit.

      How about "Microsoft Source"? Pretty accurate description: source code written by Microsoft; watch your step. (On second thought, this shit should have labeling requirements, like any poison, toxic-waste, radioactive material, etc.)
    27. Re:Auditable source by masterzora · · Score: 1

      Then don't refer to the scale as being more or less free but as offering more or less rights. PD/OS software offer more rights to random person X than free software does, which offers more than visible which offers more than closed. Makes sense.

      --
      Remember, open source is free as in speech, not free as in bear.
    28. Re:Auditable source by multisync · · Score: 1

      With a closed source license, you pretty much know ahead of time what you can do with it... install and run it.


      Are you sure? Most "closed source" software I encounter requires me to agree to something called an "End User License Agreement" before I can install and run it. Despite the fact that I've already paid for the software in most cases.

      In fact, a lot of hardware comes with software which requires you to agree to some form of EULA before using it, again after you have already purchased the product.

      The whole point of the GPL is to assure the user of the software that they can not be prevented from installing and using the software.

      I also strongly disagree with your statement "As far as I'm concerned, even with any GPL variant, unless you are a lawyer, software licenses weren't written for you." If anything, the english version of the license is far easier to read and comprehend than most legal documents, and certainly more so than any Microsoft EULA I've read. Additionally, there are versions available in
      1. Argentinian Spanish
      2. British English
      3. Chinese
      4. Finnish
      5. French
      6. German
      7. Hebrew
      8. Italian
      9. Persian (Farsi)
      10. Serbian
      11. Spanish
      12. Ukrainian



      No, the GPL is pretty clear, to my eyes anyway. What I do find confusing is some of the naming conventions used by Microsoft. Office Open XML, for example, might give someone the impression that it is in some way connected with Open Office. This goes for the names of their new licensing models too, which is kind of the point of the article. You would think a company that sued another company for violating their trade mark would be more careful about creating confusion in the marketplace, unless their goal isn't really to offer flexible licensing and open standards.
      --
      I don't care why you're posting AC
    29. Re:Auditable source by AmaDaden · · Score: 4, Insightful

      I was thinking that having one axis for openness and another for cost might help. Openness could be
      1. Public domain (or legal equivalent)
      2. Free source
      3. Open source
      4. Visible source
      5. Closed source
      and Cost could be
      1. Give it away
      2. Free version for unlimited time but limited usability
      3. Free version for limited time
      4. Pay software
      So a few examples. Windows is is a O5C4. Rad Hat is a O3C4 or O3C2 if you count Fedora. Ubuntu is a O3C1. Apache is O2C1.

      But I think you are more looking for a mobility measurement for the next guy. In that case I guess Windows could be O5C4->X because you can't do anything with it. Firefox would be O3C1->O3C2 because of logo licensing issues. Apache would be O2C1->O2-5C1-4 because your modified version could have stricter rules.

      I admit this all looks complex but if you know the system it can get the idea across very quickly. But I might just be over thinking it all...

    30. Re:Auditable source by trifish · · Score: 1

      "Shared source" IS open source.

      Uh, no, it isn't. Microsoft knows very well why they call it shared source, and not open source. If you want to know why, read the definition of open source, or just shut the f* up.

    31. Re:Auditable source by Just+Some+Guy · · Score: 2, Insightful

      "Shared source" IS open source. The source is open. You can open it in a text editor and read it.

      Horse puckey. By that logic, my kitchen windows are open because you can see through them. And yet, they ain't.

      --
      Dewey, what part of this looks like authorities should be involved?
    32. Re:Auditable source by tom's+a-cold · · Score: 1

      I propose calling it "source under glass."

      --
      Get your teeth into a small slice: the cake of liberty
    33. Re:Auditable source by IntlHarvester · · Score: 1

      The OSI did not invent the term "Open Source". Yup. The term is derived from "Open Source Intelligence", which is (simply put) stuff you can read in a newspaper. There never was any implication that you could freely modify the 'source'.

      The reality is that OSI's extended definition of this "open source" caused a lot of confusion. How many stories has Slashdot has run about "available source"/"not really open source" software from Microsoft, Apple, Sun, etc etc. If OSI had clear branding that wasn't overriding an existing term this wouldn't be half the problem it is.

      --
      Business. Numbers. Money. People. Computer World.
    34. Re:Auditable source by sahuaro · · Score: 1

      The FSF has taken to using the term "libre" instead of "free" because it has the explicit connotation of freedom by lack of restructions. This isn't correct at least in the US. The discussion has come up many times before and I know RMS has stated that there is no better word than free and it only takes a second to explain that you mean free as in freedom.

      Dennisk

      --
      Phoenix Linux Users Group
      Penguins in the desert
    35. Re:Auditable source by mrsteveman1 · · Score: 1

      Wow, so altering the definition of a phrase to radically change what it means is "clarification".

      I would answer yes to every one of those situations.

      There are some things that need to be separated here. Licensing and rights are a totally separate concept than open vs closed source, these are the territory of EULAs and license like the GPL, not the definition of a common word. My problem here is the redefining of what open means. If my house is open, that doesn't mean you can do whatever you want to my house, in fact you can't even walk inside. If my car is open you can't take it for a ride even if I leave it unlocked. Open means open, opposite of closed. Nothing more.

      Now, Closed source means you don't have it, don't have access to it, and quite obviously also can't do whatever you want with it because of the first 2 conditions. Anything beyond this, like rights, is EULA territory, which lays out what you can and can't do with the code in binary form because thats all you have.

      Open source means what it sounds like, the source isn't being hidden away from users, either intentionally like with a compiled language, or because it can't be as with scripted languages. I'll make this clear though, just because you have the source doesn't mean you can do whatever you want with it, this is a license issue not an issue of having the source or not.

    36. Re:Auditable source by mrsteveman1 · · Score: 1

      I would refer you and anyone else here:

      http://simple.wiktionary.org/wiki/open

      Part of the definition there includes the phrase "not closed", and I don't see anything but reinforcement for the fact that open means what it sounds like, it doesn't have anything at all to do with implied conditions or rights.

    37. Re:Auditable source by houghi · · Score: 1

      Free as in beer or as in speech? It is confusing as it is already, so if you want to make a scale, make it one where there is no problem understanding what it means.

      --
      Don't fight for your country, if your country does not fight for you.
    38. Re:Auditable source by Allador · · Score: 4, Informative

      OSI has a trademark on the term "Open Source", so naturally they are allowed to define what "Open Source" means. The ignorance on /. is appalling.

      From the OSI website:

      http://www.opensource.org/docs/certification_mark.html

      Unfortunately, the term "open source" itself is subject to misuse, and because it's considered descriptive, it can't currently be legally protected as a trademark (which would have been our first choice). From that same page, they DO have a trademark, but its not on 'open source':

      Since the community needs a reliable way of knowing whether a piece of software really is open source, OSI is registering a trademark, Open Source Initiative Approved, for this purpose. If you see this mark on a piece of software, either the software really is being distributed under a license that conforms to the Open Source Definition, or the distributor is misusing the mark and thereby breaking the law. Please make some sort of attempt to be at least remotely factually accurate in your postings.
    39. Re:Auditable source by mrsteveman1 · · Score: 1

      And yet they get to explain it over and over, 100s of times per day. Sounds like someone chose the wrong word :D

    40. Re:Auditable source by renoX · · Score: 1

      >I'm with FSF about this one. The "open source" term made it all less clear what this whole movement is all about.

      (sarcasm)Yeah right, because 'free software' with its confusion between 'libre' and 'gratuit' is sooo clear..(/sarcasm)
      Maybe, this show that you're a bit biased, no?

    41. Re:Auditable source by mrsteveman1 · · Score: 1

      You guys actually have a word for free beer?

    42. Re:Auditable source by mrsteveman1 · · Score: 1

      It's called shared source because they are sharing it with you. Sharing is caring! :D

      OSI isn't the authority on what "open" means, so don't link to them as if it were a dictionary.

    43. Re:Auditable source by mrsteveman1 · · Score: 2, Insightful

      Yea if you are trying to throw stuff through them, true they aren't open. None of this has anything to do with software and the comparison is meaningless.

    44. Re:Auditable source by Allador · · Score: 1

      What a terrible analogy. This only works in the special case where your windows are transparent.

      Lets change that to the more typical and unambiguous case of an (opaque) door.

      When the door is open, you can see into the house. When its closed, you cannot see into it.

      There's no need to muddle transparent/non-transparent with open/closed in order to try to prove a point.

    45. Re:Auditable source by Russ+Nelson · · Score: 1

      Haha, you're so funny when you're wrong, drinkypoo. Y'know whenever this subject comes up, there's always somebody who says this, and ... it's always you. Do you feel lonely? Looking for friends who agree with you? You should get more popular opinions if so.

      --
      Don't piss off The Angry Economist
    46. Re:Auditable source by Russ+Nelson · · Score: 1

      Vice-versa. The term started off generic, and has acquired a secondary meaning.

      --
      Don't piss off The Angry Economist
    47. Re:Auditable source by Allador · · Score: 1

      No, the GPL is pretty clear, to my eyes anyway. LOL yeah, its so clear that they made 2 different generational variants to clear up the situation (gplv3 and affero).

      And its so clear that there are constant arguments between devs on what constites the different types of linking you might do with GPL and therefore how and in what way you're bound by it.

      What I do find confusing is some of the naming conventions used by Microsoft. Office Open XML, for example, might give someone the impression that it is in some way connected with Open Office. Why? Most people have never even heard of Open Office or know what it is. And the words are in different order. And it is a completely factually accurate description of the thing.

      It is about 'Office'.

      It is 'open' (in the common sense of the word).

      It is 'XML'.

      And its NOT called 'Open Office XML'. It's called 'Office Open XML'.

      Havent you ever noticed this trend with MS? They have smart marketing people. They name things in very generic ways. Its a common technique used to help associate the entire concept/category/industry/whatever with your specific product, like Sony famously did with the walkman, Kleenex with kleenex, etc.

      MS does it with SQL Server, Office, Windows, Small Business Accounting, Retail Management System, etc etc. Thats their thing, they have a long history of it, and its worked well for them.

      This goes for the names of their new licensing models too, which is kind of the point of the article. The article was fairly silly. It basically boils down to: I think shared source is going to confuse people into thinking it means open source, even though it doesnt say open source.

      Thats bollocks. If it was meant to confuse with open source, then it would be called open source, or use some synonym of 'open' as the first word. The fact that they chose a word (shared) that is both descriptivelly accurate and unambiguous with 'open' should have made that clear to everybody.

      You would think a company that sued another company for violating their trade mark would be more careful about creating confusion in the marketplace, unless their goal isn't really to offer flexible licensing and open standards. Where has this created confusion in the marketplace?

      MS-PL and MS-RL are trivially distinguishable and different from GPL, BSD, etc. Their licenses that are open source according to OSI they call open source, the rest they call shared source.

      Seems pretty unambiguous to me.

      I think the bottom line here is that no reasonable person, either professional in this industry or lay, would be confused by this.
    48. Re:Auditable source by Russ+Nelson · · Score: 1

      OSI has a trademark on the term "Open Source", so naturally they are allowed to define what "Open Source" means.

      No, they do not.

      Yes, we do, neener, neener. Do you really think you'll get away with disparaging our trademark forever?



      --
      Don't piss off The Angry Economist
    49. Re:Auditable source by Russ+Nelson · · Score: 1

      Open source means ... No, Open Source means what WE say it means. You can say it means WTF you want, but the question is who believes mrsteveman1 versus who believes the Open Source Initiative? I think a lot more people are going to believe us than J. Random Slashdot Poster who can't even stand behind his opinions with his real name.
      --
      Don't piss off The Angry Economist
    50. Re:Auditable source by Allador · · Score: 2, Informative
      What you've linked to is NOT _the_ definition of 'open source'.

      It is how OSI defines the term 'open source' within the context of a development methodology.

      From that link:

      Open source is a development method for software that harnesses the power of distributed peer review and transparency of process. The promise of open source is better quality, higher reliability, more flexibility, lower cost, and an end to predatory vendor lock-in. OSI is a US California non-profit organization. They are not the owners of the phrase or concept of 'open source'.

      Further, by most people's common understanding of the word 'open', shared source is indeed 'open'. It may not carry an OSI approved license, and may not carry the 'Open Source Initiative Approved' trademark of theirs, but that doesnt make it any less 'open' in the common sense of the word.

      Keep in mind, the term 'open source' hugely predates the FSF and GPL, and was generally understood to mean 'source available' or 'source viewable'. It didnt go beyond that.

      Stallman and FSF came along and in large part (though of course they had conceptual precursors) invented/defined-clearly the concept of FOSS or 'libre' or free-as-in-speech kind of 'open source'.

      Mind you, MS even largely sticks with the OSI approved terminology, though it is in no way required to. They rigorously didnt use the term 'open source' until they had OSI approved licenses.
    51. Re:Auditable source by mrsteveman1 · · Score: 1

      Steve is my real name....

      How dare i question the OSI though, i mean what was i thinking, having an opinion of my own.

      Feel free to roll over me with the freedom train then, carry on :D

    52. Re:Auditable source by Russ+Nelson · · Score: 1

      I love it when the Trademark Non-Lawyers poke their heads up and redefine the workings of the trademark system. Hint: go read up on trademark classes. If you wanted to create some software called International Harvester, you (probably) could even though that's also the name of a brand of farm equipment. Next you'll be telling us that because the building products industry created Windows, that Microsoft doesn't have a trademark on Windows. Fortunately, nobody will believe you then, just as nobody believes you now.

      --
      Don't piss off The Angry Economist
    53. Re:Auditable source by Russ+Nelson · · Score: 2, Insightful

      yeah, yeah, yeah, and free software is zero-cost software, we all know that. There is no perfect term, but everybody except a few people living in Boston seem to have accepted Open Source as the standard name for software you can use, modify, and share freely.

      --
      Don't piss off The Angry Economist
    54. Re:Auditable source by Russ+Nelson · · Score: 1

      I recommend the use of the term "Source Available". The source is available, but not open for all uses.

      --
      Don't piss off The Angry Economist
    55. Re:Auditable source by _Sprocket_ · · Score: 1

      The problem is that "open" means different things based on context. Your house example is a perfect. You claim that having an open house doesn't mean people can walk inside. Yet if a real estate agent announces that your house is an "open house" it means they are inviting the public (prospective buyers) inside.

      Likewise, "open" can have a completely different meaning within IT. We have "open protocols" as well as "open source." That doesn't mean that one can simply observe the protocol. It also implies an ability to understand and interact with it. Likewise, "open source" is more than just being able to see source code. Incidentally, Open Source as defined by the OSI definition isn't a free-for-all either. There's still licensing involved. And I do agree that the devil's in those details.

    56. Re:Auditable source by _Sprocket_ · · Score: 1

      What Google defines as "open" which it claims is related to it's definition of open source. The interesting thing here is that these "definitions" come from actual use of the words. And while you may claim a certain meaning behind "open source" (as would those who have a need to market against it), it is commonly being used in a different way (even if some of those are wrong... i.e. "Software that is free from copyright and as a result, can be used and adjusted by everyone. An example of open source software is the operating system Linux.").

    57. Re:Auditable source by Anonymous Coward · · Score: 0

      * Shared Source? Illustrative Source? Read-Only Source? This is where I get stuck. Code that anyone can see but cannot use. Looking up pointless in a thesaurus yields numerous possibilities:

      *Ineffectual Source
      *Empty Source
      *Feckless Source
      *Hollow Source
      *Superfluous Source
      *Ridiculous Source
      *Preposterous Source
      *Worthless Source
    58. Re:Auditable source by mrsteveman1 · · Score: 1

      You proved my point, an open house doesn't mean you can take the house and burn it down though, nor can you give the house away or recarpet the living room.

      Those are rights you don't have, and they aren't even implied by the word open.

    59. Re:Auditable source by Anonymous Coward · · Score: 0
      Except that some of the Microsoft licenses fit both the definitions of "open source" by OSI, and "free software" by FSF.

      Here's what the FSF has to say about the Microsoft Public License:

      Microsoft Public License (Ms-PL)

      This is a free software license, compatible with version 3 of the GNU GPL.


      That's right, GPL3 compatible, says FSF.

      I think the problem is that when MS first put out the term "Shared source", it was to be a cheap knock-off of "open source". Now, though, some of their "shared source" licenses are actually legit open source and free software.
    60. Re:Auditable source by mrsteveman1 · · Score: 1

      I'm claiming the OSI is the one hijacking the term open source for their own purposes, definitions of the word open itself just reinforce this.

      For instance, the OSI definition specifically states software must be redistributable free of cost. That has nothing to do with being open at all, and is entirely political.

    61. Re:Auditable source by trifish · · Score: 1

      What you've linked to is NOT _the_ definition of 'open source'.

      If there is any definition of the term Open Source, it is the OSI definition. Heck, even MS knows this and respects OSI (they submitted a few open source licenses to them for approval).

    62. Re:Auditable source by trifish · · Score: 1

      OSI isn't the authority on what "open" means

      Certainly not. But some of them are the people who came with the term Open Source a long time ago.

    63. Re:Auditable source by IntlHarvester · · Score: 1

      Did I say anything about trademarks? I mearly stated that you guys copped an existing term from the intelligence community.

      And you have been very inaccurate about the trademark status of "open source" in the past, so you're hardly one to talk.

      --
      Business. Numbers. Money. People. Computer World.
    64. Re:Auditable source by trifish · · Score: 1

      Sorry, the link was just to the OSI homepage. The direct link to the definition is: http://opensource.org/docs/osd

      And remember, just as FSF defined what Free Software is, the OSI people defined what Open Source means. That any random newbie now believes he can redefine what Open Source means is irrelevant.

    65. Re:Auditable source by mrsteveman1 · · Score: 1

      There are people on this very thread who say otherwise, but I don't know either way.

    66. Re:Auditable source by Allador · · Score: 1

      Thats my whole point. There is NOT any official definition of the term 'open source'.

      It is two highly common words with many different meanings based on context and personal opinion.

      Just because the OSI org has recently sprung up and tried to rewrite common usage of the term, doesnt mean anyone pays any attention to them.

      This is also why, even here on /., a bastion of FSF/FOSS zealotry, people are constantly having to correct each other with the 'free as-in-beer vs. free as-in-speech' comments, or the whole FOSS term. The concept of open and free as applies to software and software methodologies isnt even consistent on /., much less the general software developer population.

      MS has chosen to because the subpopulation of developers they're trying to play nice with chooses to agree with the OSI definition. Thats just enlightened self-interest.

    67. Re:Auditable source by Hucko · · Score: 2, Funny

      The FSF just need to add the phrases "... as a bird. Makes good eating too." and all their explanatory problems will dry up.

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    68. Re:Auditable source by KutuluWare · · Score: 2, Funny

      That doesn't work. Cuz as we all know, that bird, you cannot change. Kinda goes against the spirit of the GPL.

    69. Re:Auditable source by _Sprocket_ · · Score: 1

      You proved my point, an open house doesn't mean you can take the house and burn it down though, nor can you give the house away or recarpet the living room. OK. Sure. But you're talking realestate. We're talking software here. Open Source does not imply that the code is available for public perusal by potential buyers, as would an open house. Likewise its not ready for business (open business). Nor is it uncovered (open fire). Before we get caught up in the semantics of bad analogies, let's get back to the point.

      Your contention is that "open" is obvious and self-evident. That is clearly not the case. Even in your provided analogy.

      You may not agree with how OSI is defining the phrase. But that's another issue.
    70. Re:Auditable source by mrsteveman1 · · Score: 1

      The analogies don't HAVE to work, because my point is that the word open, and thus the phrase open source doesn't imply anything like the OSI wants it to. Hell even the FSF is in agreement, open source is highly ambiguous given that you can't twist the definition of open to mean all the things they want it to mean, at least you can say the free in free software means freedom which is a core goal of licenses like the GPL.

      They apparently do not have a trademark on the phrase Open Source, or any other valid claim to define such a term, its like someone picked the wrong word all those years ago and have spent the last few trying to force their definition on everyone when it is clearly inaccurate and lacking given their intentions.

      There are licenses I and many others would completely consider open source because they satisfy the reasons I want access to source code, namely transparency, in that i can see what the code is supposed to be doing if it does something weird, lack of secret backdoors, and "eyes on the code". Simply having access to the source code satisfies all of these things, and I would argue these are actually the biggest strengths of open source, free software and the like, so I'm not in any big hurry to lump all these other conditions, especially things that have NOTHING to do with being open in the first place, into a term that clearly doesn't mean what the OSI wants it to mean.

    71. Re:Auditable source by Bruce+Perens · · Score: 1
      Open Source and Free Software both refer to software that is licensed the same way. The Open Source initiative is just a way of talking about Free Software to people who would not take Free Software's traditional arguments (about Liberty as being more important a priori).

      Bruce

    72. Re:Auditable source by Bruce+Perens · · Score: 1
      Just because you can look at source doesn't make it open in any way. There's some source code that has penalties for looking. Indeed, exposing yourself to source code with some licenses could contaminate you legally regarding similar software that you write.

      If it's called Open Source, it has to have licensing complying with the Open Source Definition. Otherwise, you're being decieved.

      Bruce

    73. Re:Auditable source by Just+Some+Guy · · Score: 1

      There's no need to muddle transparent/non-transparent with open/closed in order to try to prove a point.

      Umm, that was exactly my point: that visibility and openness are orthogonal.

      --
      Dewey, what part of this looks like authorities should be involved?
    74. Re:Auditable source by Bruce+Perens · · Score: 2, Interesting
      Keep in mind, the term 'open source' hugely predates the FSF and GPL, and was generally understood to mean 'source available' or 'source viewable'. It didnt go beyond that.

      Dispite repeated attempts to rewrite history, there was no common use of "Open Source" to refer to software before the Open Source Definition. There are a few references on the net, but they do not equal common usage. There was a term "Open Source" that referred to military intelligence information, which is still current.

      Bruce

    75. Re:Auditable source by initialE · · Score: 1

      Why not use names that force people to look up their purpose instead of assume that they mean what they say they mean? That's the whole problem with the terms "Free Software" and "Shared Source", or for that matter, "Genuine Advantage", "Plays for Sure", "Trusted Computing", "War on Terrorism", "CAN-SPAM" and many others. The names say one thing, but they actually do represent something entirely else.

      --
      Starbucks, Harbuckle of Breath.
    76. Re:Auditable source by drsmithy · · Score: 1

      The discussion has come up many times before and I know RMS has stated that there is no better word than free and it only takes a second to explain that you mean free as in freedom.

      Of course, it takes a lot longer to explain you really mean "GNU/freedom".

    77. Re:Auditable source by _Sprocket_ · · Score: 1

      There are licenses I and many others would completely consider open source because they satisfy the reasons I want access to source code, namely transparency, in that i can see what the code is supposed to be doing if it does something weird, lack of secret backdoors, and "eyes on the code". Simply having access to the source code satisfies all of these things, and I would argue these are actually the biggest strengths of open source, free software and the like, so I'm not in any big hurry to lump all these other conditions, especially things that have NOTHING to do with being open in the first place, into a term that clearly doesn't mean what the OSI wants it to mean. The problem again is that "open" means one thing to you and something else to others. It isn't as simple as you're insisting on trying to make it.

      Transparency isn't the be-all, end-all when discussing "open source". It is one aspect of what makes something open. Access to source code is old hat. The conversations about "open source" go beyond that.

      That's where OSI's definition comes in. With all the discussion about "open source" and value put in to the concept... the easiest way to derail the conversation is by shifting the meaning of the phrase. The OSI definition defines the context that most people use.

      And again, the OSI definition of open sounds perfectly sane to me. Apparently it goes well beyond what you think it should. That's what I find interesting.

      Did OSI choose the wrong words? Eh. Maybe. I have no idea what a better phrase would be. We could have the same argument over "free software." If we really wanted to play pedantic games, we could probably find other phrases made of common words with multiple meanings and argue about what those phrases mean as well.

      The thing is, by the time OSI had published their definition, a general understanding of the phrase "open source" had taken form (although there were early attempts by marketing machines to redefine that conversation). OSI didn't just pick it out of nowhere. Today that definition is either exactly, or pretty close, to what most people mean when they talk about open source (others use the phrase without any real understanding what it means - but that's another issue).

      Your view of what "open" means... or how "open" something needs to be might be completely different than mine or someone else's. But we're not going to get anywhere by looking up "open" in the dictionary.
    78. Re:Auditable source by mrsteveman1 · · Score: 1

      I agree with you mostly, my real problem is the subject of this thread. MS makes a bunch of software source available under a variety of licenses, and somehow they are "hijacking" open source because those licenses don't fit perfectly into the OSI definition. If they did, the licenses wouldn't need to exist, they would be identical to all the others.

      I just have a problem with people excluding software from the "open source" party simply because it doesn't guarantee things that I personally, and obviously Microsoft too, don't care about. Like the freedom to endlessly modify software and give it away for free.

    79. Re:Auditable source by _Sprocket_ · · Score: 1

      I just have a problem with people excluding software from the "open source" party simply because it doesn't guarantee things that I personally, and obviously Microsoft too, don't care about. Like the freedom to endlessly modify software and give it away for free. But these other things that you don't care about are part of the conversation. The "Open Source" term encompass numerous concepts. They're all important as they all have different impacts and weights depending on the individual / case.

      When the whole "open source" term was starting to gain increased attention (sometime in the late 90s), there was a theory that Microsoft would try to scuttle the movement by hijacking the meaning of the phrase. Really, this whole topic is far from new as this territory has been covered before. If anything, it's something akin to claiming "they're up to their old tricks again." Little wonder there are people keen to exclude Microsoft from the "open source" party, as you put it.

      I concur that the meanings behind the phrase hasn't always been consistent. Digging around other conversations on the subject casts some doubt over exactly who coined the phrase and the exact dates involved (I've even found some usenet references that imply a definition in line with yours). And as I noted, "open" in the IT industry has implied numerous meanings. But by the time the term was gaining widespread attention (and widespread use), the conversation was around the concepts defined in OSI's definition.

      Even if OSI hijacked the term, it doesn't discount the idea that an entity (Microsoft include) isn't intent on hijacking it again... even if that act is an attempt to redefine the phrase to a previous definition.
    80. Re:Auditable source by weicco · · Score: 1

      "Shared source" IS open source. But it is NOT free software.

      I don't really care about this distinction. If I can see the source it is open enough for me. Usually I don't even use other's code, at least not directly. I check how things are done and write my own implementation of it. Yes, I reinvent the wheel but I learn much from the process of doing it.

      If I ever release code to the wild I use BSD license. I don't care to get code changes back because I wouldn't use those changes (again, I would write implementation of my own). All I care that my code is out there and it has my name in it.

      --
      You don't know what you don't know.
    81. Re:Auditable source by Yetihehe · · Score: 1

      Yeah, Libre Open Source Software (LOSS) will sound really good ;)

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
    82. Re:Auditable source by Anonymous Coward · · Score: 0

      Optionally bundle Free/Open together. What about Net?
    83. Re:Auditable source by mooterSkooter · · Score: 1

      What I do find confusing is some of the naming conventions used by Microsoft. Office Open XML, for example, might give someone the impression that it is in some way connected with Open Office. Why? Most people have never even heard of Open Office or know what it is. And the words are in different order. And it is a completely factually accurate description of the thing. It is about 'Office'. It is 'open' (in the common sense of the word). It is 'XML'. And its NOT called 'Open Office XML'. It's called 'Office Open XML'.

      I'm sorry ro inform you but us lower mortals certainly do make links with Office Open XML and Open Office. When I first read about OOXML I couldn't understand why people were complaining - it's Open Office aint it, why are /.ers complaining!? I think I actually read it as Open Office XML...

      I program for a living as well so _should_ be able notice subtle things like that. A non technical person who has heard of Open Office will almost certainly see the incorrect link.

    84. Re:Auditable source by neomunk · · Score: 1

      Now that would just be too much BSD for everyday consumption. I think there's a 2 BSD per day limit in some areas of the Bible Belt.

    85. Re:Auditable source by neomunk · · Score: 1

      You've neglected the 'skull-thickness' equation of some of the people that post here on slashdot, triggering said explainations.

      I won't elaborate here, either because slashdot doesn't let me post my equations in TeX, or I'm no good at advanced math. One of the two.

    86. Re:Auditable source by drinkypoo · · Score: 1

      No, Open Source means what WE say it means.

      Thank you for proving the point that you are doing this for no reason other than your self-aggrandizement.

      You can say it means WTF you want, but the question is who believes mrsteveman1 versus who believes the Open Source Initiative?

      Translation: "We're bigger than you are, so we must be right."

      I think a lot more people are going to believe us than J. Random Slashdot Poster who can't even stand behind his opinions with his real name.

      Let me get this straight, because you do not place the same level of value on privacy as another registered and logged in user his opinion is somehow less valid than yours? If anything, what makes his opinion seem less valid than yours is that people have, for some reason, learned to trust you. But I think it's clear that your true attitudes have come out. You believe yourself to be more important than everyone else, so you necessarily must be correct.

      Now, it would be all too easy for you to turn around and make the same allegations back to me. And I admit, I am amused and tickled by the fact that people listen to me - but I don't believe in getting there via the logical fallacy of the Appeal to Authority. I will get there on my own merits, or not at all.

      The question which has to be answered is, should we trust the Open Source Initiative? Organizations are made up of their members, and the members of the OSI are going farther out on an unsupportable limb all the time - or perhaps it's just that the rot in the limb has become apparent. It's just not as strong as it was ever claimed to be.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    87. Re:Auditable source by drinkypoo · · Score: 1

      Likewise, "open" can have a completely different meaning within IT. We have "open protocols" as well as "open source."

      The critical point that you are missing is that the "Open" in "Open Source" was defined before Perens or ESR ever even claim to have used the term, and that meaning is based on the same meaning of "Open" as everything else labeled as such in the computing community at that time. There is no reason to believe that the meaning of "Open" in "Open Source" was defined any differently from the meaning of "Open Protocol" or "Open System" or "Open Standard". All it means is that you get to see it. Open Protocol? You get to see the spec. Open System? The APIs are documented. Open Source? You get to see the documentation (the source.) Doesn't mean you get to do anything to it! Simple, tells the story.

      Open Source as defined by the OSI definition isn't a free-for-all either.

      But there appears to be a free-for-all over the ownership of the phrase "Open Source". Like Free Software, I think it should belong to the community, not to the OSI. At this point there is basically no way to register for it as a trademark anyway - there is so much preexisting use, including before the OSI or even the DFSG, that the only way you could get that trademark would be with big piles of bribe money (you know, the way the "big boys" purchase legislation.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    88. Re:Auditable source by Allador · · Score: 1

      Okay, I realize I'm late coming back to this, and no one but you (Bruce) will probably read this, but ...

      I agree that the quoted, capitalized term 'Open Source' as such was not in common use, but a much looser phrasing has been common for 20+ years, as in 'open source' (ie, no caps, no hoopla surrounding it) or 'source available'.

      It's only when (at least in my perspective) FSF and that group brought religion/politics into it that it became a capitalized phrase with 'extra meaning'. But thats always been controversial.

      Even today, the vast majority of developers (both corporate and ISV) (at least that I've encountered) do not share a consensus about what that means.

      Many have a vague notion that it means free (as in public domain or bsd-style licenses), many understand that it means source viewable, but very very few have any understanding of the subtleties and commercial implications of 'copyleft' style licenses such as GPL and similar.

      In other words, there's no common understanding now that it means what OSI defines it to mean. Only among a highly specialized niche of the software development industry is the OSI definition widely agreed with (versus the more loosely defined concept).

      I would disagree with you though that it wasnt in common usage. That exact, quoted and capitalized phrase was not used as-such, but the term used without the quotes and capitalization would have been generally understood to mean at least source-viewable for the last 20 years.

      Even now its not as clear as OSI would like it to be. OSI certifies both BSD/Apache style licenses (ie, commercial friendly) and GPL (community friendly) as 'open source', but software licensed under these two types are hugely different in how you can use them. They may have similar development methodologies, but for licensing//use concerns, they are completely unrelated and distinctive. About the only similarity between the two is that they're not proprietary.

      Based on this, which does 'Open Source' mean? If it means both, then its a fairly diluted 'official' definition, which pretty much defeats the purpose of having an 'official' definition.

    89. Re:Auditable source by Allador · · Score: 1

      That may be so, but I bet your misunderstanding didnt last through the first actual inspection of OOXML.

      And think about it from the other point of view.

      If you were in a leadership position within MS and had to choose a name for the format, what would you call it?

      'Office Open XML' makes perfect sense, is accurate and descriptive, and translates into a nice acronym.

      Despite the /. groupthink, MS is not obligated to make all of their product names sound hugely different from any and all open source projects.

    90. Re:Auditable source by mooterSkooter · · Score: 1

      Yes, I did understand eventually but only after some research on the matter.

      If I were M$ (yes, I know everyone hate$ that all of a sudden but it's descriptive) - I would have chosen something along the lines of 'Microsoft Office Open XML', in order to let all know where it originated. No, I do think it was designed to confuse.

      re: Obligation: No, of course not - unless it suits them and allows them to plaster Microsoft everywhere at any available opportunity.

      Btw, I understand that M$ (don't care about $ usage) is Just A Business but I happen to believe that corporations are inherently evil. Full Stop (or period if you're American). That's a fact - they don't do anything for the good of mankind, why would they, there's no money in it!

      I understand people have to make money in order to survive - hell, I'm invlolved in the (legitmate) drugs industry - they don't care about 'curing' people - they care about cash, naturally.

      Sorry to go on, I'll stop now.

  2. Well it's like this by skulgnome · · Score: 2, Insightful

    You wouldn't take a fox's vegetarian food recipes without a barrel of salt either, would you.

    Also in b4 blogspamwhoring is called, because I'm calling it first right here.

    1. Re:Well it's like this by Culture20 · · Score: 4, Funny

      You wouldn't take a fox's vegetarian food recipes without a barrel of salt either, would you. I don't know... Regurgitated grass doesn't sound like it needs any seasoning.
  3. shared source... by gbrandt · · Score: 1, Insightful

    is not open source. Any english language speaker should be able to get that.

    1. Re:shared source... by sm62704 · · Score: 1

      No, you're wrong. Shared source is open source. Shared Source is not Open Source. And any English speaking person should be able to get that.

      Microsoft is part of the corporatti. The FSF is not. Well, mostly not. See, there's Red Hat muddying the waters about what Open Source is.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  4. Duh. by Nursie · · Score: 1

    Was there anyone that didn't know this?

    1. Re:Duh. by denis-The-menace · · Score: 4, Insightful

      The PHB signing your paycheck.

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  5. License confusion by rxmd · · Score: 5, Insightful

    Open Source licenses have become so much more confusing.

    To be honest they were pretty confusing already, with license proliferation leading to a large number of very similar free software licenses with minute, but potentially decisive differences. It didn't need Microsoft for that. Even the general overview at Wikipedia lists 54 different Open Source licenses, not counting superseded or volunarily retired ones.
    --
    As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    1. Re:License confusion by Tridus · · Score: 1

      I was thinking the same thing. Microsoft's licenses are confusingly named, but open source licensing was confusing long before MS came to the party.

      They also don't call "shared source" open source, which to me seems more like they're trying to avoid confusion then creating it. (Calling it open source when its actually not would be more confusing then calling it something else.)

      --
      -- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
    2. Re:License confusion by TheRaven64 · · Score: 1

      The FSF hasn't helped with the license confusion, since they seem to be unable to create licenses that are mutually compatible. It used to be that a GPL project could use LGPL'd code, but not vice versa. Now a GPLv2 project can't use an LGPLv3 library, which is causing a huge number of problems for projects which were previously linking against GPL and LGPL libraries. If the LGPL library moves to the new license and the GPL done doesn't (e.g. something like Poppler, based on xpdf, which was GPL'd and didn't have the 'or later version' clause) then the project has no way of using the latest versions of both and remaining legal.

      --
      I am TheRaven on Soylent News
    3. Re:License confusion by Sancho · · Score: 1

      Open Source is trademarked (though probably diluted enough for that not to matter) and has a distinct definition. Microsoft is probably trying to avoid a legal battle that would just act as free advertising for Open Source.

    4. Re:License confusion by Sancho · · Score: 1

      Erm. Or maybe not. Guess that's my fault for parroting stuff without verifying it.

      Sorry for the noise.

    5. Re:License confusion by onefriedrice · · Score: 2, Interesting

      Yeah, that's why I stick with BSD/MIT. I understand and respect what the GPL tries to accomplish, but if you can't even mix and match GPL licenses with themselves, how is trying to incorporate GPL code in a mixed-license environment not going to cause massive headaches. The truth is, it does. Furthermore, I like how the BSD/MIT license is understandable by mere mortals and is short enough to include completely within source code headers.

      But the most important reason to prefer BSD/MIT over the GPL is freedom from restrictions. The GPL attempts to preserve freedom by incorporating restrictions, which is fine in theory, but it includes real limitations of usage in common practice, such as the incompatibility problem we're discussing. In theory, I should be able to do whatever I want with GPL code as long as it remains free; In practice, I can't, and that's the problem. Fortunately, BSD/MIT carries not such limitations.

      Oops, my post doesn't seem to enshrine the GPL as a license embodying perfection. Bye bye karma.

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    6. Re:License confusion by Antique+Geekmeister · · Score: 1

      Don't blame the FSF for this. As some people and some companies have gotten more creative with their 'interpretations' and flat-out ignoring the GPL licenses, the FSF has been forced to get more subtle to address the different needs of people. So we have multiple licenses. They're fairly well written, and require no more attention than most closed source licenses. Library linking isn't the problem you seem to think, or glibc and the Linux kernel would be much more adventurous to license.

    7. Re:License confusion by dwandy · · Score: 1
      at risk of starting a war...

      In theory, I should be able to do whatever I want with GPL code as long as it remains free; In practice, I can't, and that's the problem.
      You can do whatever you want with GPL'd code, so long as you contribute your changes back into the "commons". Hence, everyone's code is free (as in speech) which met your requirement of "remains free".

      But the most important reason to prefer BSD/MIT over the GPL is freedom from restrictions.
      BSD license is ok as long as you're ok with writing code and someone else taking that code, profiting from it without giving you *anything* in return. You don't even have the right to run your own code without paying them. I believe MS took a BSD-licensed IP stack, modified it, and are now (potentially) selling Windows back to the people who wrote the stack without any compensation. This would not be possible with a GPL'd implementation. MS would have either had to incur the expense of writing their own, or (better?!) return their changes back into the commons for others to use as well.

      Obviously, to each their own, but I personally wouldn't want to share with people who don't share back. I've no problem with sharing with people who will share back, and that is the definition of the GPL.

      ...just my 2-cents, to each their own, ymmv, etc etc.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    8. Re:License confusion by drsmithy · · Score: 1

      You can do whatever you want with GPL'd code, so long as you contribute your changes back into the "commons".

      No, you must *GPL* your code. That's not the "commons".

      BSD license is ok as long as you're ok with writing code and someone else taking that code, profiting from it without giving you *anything* in return. You don't even have the right to run your own code without paying them.

      Yes, you do. You might not have the "right" to run your code plus their modifications, but your code remains under the BSDL.

      I believe MS took a BSD-licensed IP stack, modified it, and are now (potentially) selling Windows back to the people who wrote the stack without any compensation. This would not be possible with a GPL'd implementation. MS would have either had to incur the expense of writing their own, or (better?!) return their changes back into the commons for others to use as well.

      It's been a long, long time since Windows had a BSD-derived IP stack.

      Incidentally, the Linux community did exactly what you describe. They took the BSD licensed code and GPLed it - or, conceptually, the same thing you're so annoyed at Microsoft doing.

      Obviously, to each their own, but I personally wouldn't want to share with people who don't share back. I've no problem with sharing with people who will share back, and that is the definition of the GPL.

      Why should someone whose software is 90% their own work and 10% GPLed code (and only in shared libraries, at that) "share back" all their hard work ? Where's the fairness in that ?

    9. Re:License confusion by dwandy · · Score: 1

      That's not the "commons".
      The GPL is a "commons" (in quotes). Not sure why it's so hard to understand that the GPL creates a publicly available source code pool that ensures that everyone has equal access. It's not the commons as in the pool of non-copyrighted works, but these days there's nothing new going into the public domain (thanks mickey).

      It's been a long, long time since Windows had a BSD-derived IP stack.
      Imagine if all that code was now GPL'd. If MS had had to return the favor, and put their code back in for others to adapt and make use of. Computing would be much advanced from where it is today. And I don't just mean the IP stack MS (re)used, I mean if all the (children of) open source code that was written and closed off was still open.

      Incidentally, the Linux community did exactly what you describe. They took the BSD licensed code and GPLed it - or, conceptually, the same thing you're so annoyed at Microsoft doing.
      After the code was gpl'd, all changes etc are still open source.
      After MS closed their source, we don't have access to their changes.

      Very big difference. When MS drank from the pool, the pool remained stagnant: only MS grew. When Linux drinks from the same pool, the public benefits, because all downstream changes are still open source.

      Why should someone whose software is 90% their own work and 10% GPLed code...
      If it's such a small part, then why don't they just write it themselves, and if it's not a small part of the code, then it's not much of a question, is it? You can't draw an arbitrary line in the sand: at 89% I'll share back, otherwise it's "mine".

      As I stated before, the point of the GPL is to ensure that everyone shares. Everyone.
      BSD allows people to take and give nothing back, the GPL ensures that anyone who takes gives back. I notice that most "BSD Defenders" talk about the usage rights from a 'taker' point of view, not a 'contributer'.

      Again, to each their own, etc. If you like to give away your code, your money or your time there's nothing wrong with that. What you do is your personal business, I'm just objectively stating a difference between the two licenses. You chose what you want to do.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    10. Re:License confusion by TheRaven64 · · Score: 1

      It's been a long, long time since Windows had a BSD-derived IP stack. Imagine if all that code was now GPL'd. If MS had had to return the favor, and put their code back in for others to adapt and make use of. Computing would be much advanced from where it is today. And I don't just mean the IP stack MS (re)used, I mean if all the (children of) open source code that was written and closed off was still open. No, they would have simply continued to push their own, proprietary, network protocols, and with 90% of the world's client machines they'd probably have established de facto standards. Having a BSD implementation meant that it was cheaper for them to include TCP/IP and so we have open protocols now.

      As I stated before, the point of the GPL is to ensure that everyone shares. Everyone. My original post highlighted that this is not the case. The GPL, version 2, is incompatible with the LGPLv3. This means that you can not use GPLv2 code and LGPLv3 code in the same project. If you were happily using GPLv2 code and LGPLv2.1 code in a project, and the LGPL'd upstream source switches to LGPLv3 then you can no longer use any of their improvements. This has happened in a concrete case with projects using Poppler, which is based on xpdf, which is GPLv2 only. This means, at the time of writing, that no project including GPLv3 or LGPLv3 code can render PDFs[1]. How, exactly, does this match up to 'sharing with everyone?'

      I notice that most "BSD Defenders" talk about the usage rights from a 'taker' point of view, not a 'contributer'. Ah, a straw man and an ad hominem in one. As a 'BSD Defender' I can point at somewhere between 20K-30K lines of code I have released under BSD and MIT style licenses in the last couple of years. How much GPL code have you, as a 'contributor' given to the community[2]?


      [1] Unless it's written in Java, in which case it can use the (BSDL) Java PDF lib.
      [2] For that special, GPL version of 'community' meaning 'people who agree to license their code under exactly the same conditions as me, including the version and not including last year's version of the license which is incompatible.

      --
      I am TheRaven on Soylent News
    11. Re:License confusion by TheRaven64 · · Score: 1

      Library linking isn't the problem you seem to think, or glibc and the Linux kernel would be much more adventurous to license.

      No one links against the Linux kernel except people writing modules. Those writing GPL-incompatible modules do not distribute the kernel and so are not bound by the GPL.

      Glibc is a much more interesting example. Currently, the license is LGPLv2.1 or later. There were plans to move it to LGPLv3 or later, but these have been postponed because it would prevent distributions including any programs that link against glibc which are distributed under GPLv2 without the 'or later' clause (e.g. xpdf and any PDF viewers incorporating xpdf code, which currently means all of them that run on GNU platforms except the proprietary Adobe one).

      --
      I am TheRaven on Soylent News
    12. Re:License confusion by dwandy · · Score: 1

      Ah, a straw man and an ad hominem in one.
      It was just a general observation - directed at no one in particular. (I don't even know you)
      If this mortally wounded you I'm sorry - no offence was intended.

      As I've stated already, if you want to give away 20-30k lines of code, have at it. It's not that the GPL is the only open source license, or the best open source license, just that it ensures a level playing field.
      If that doesn't concern you, then don't let me stop you from releasing another 100k lines of code as BSD...

      Happy coding.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    13. Re:License confusion by Antique+Geekmeister · · Score: 1

      You've a good point about the Linux kernel not directly applying to your library issue: it seems a very similar situation, however, with numerous utilities directly editing it and adding to it but retaining a distinct source tree. It does contaminate the kernel licensing to install such modules, and we know how to deal with it.

      Do you have a good pointer to the glibc licensing discussion you mention? I thought that was rather stable licensing, and I just don't see how writing a normal program that uses glibc as a shared library, for example, can be considered to run so afoul of the LGPL as it stands.

  6. What is Open Source? by Simon+(S2) · · Score: 5, Insightful

    "shared source" is not open source, and shouldn't be confused with it." I think this is not true. Open Source means nothing more that the source is "open", that you can see it. I never interpreted the term "open source" whit the meaning that you are free to modify it and distribute it. That is GPLed code for me. A piece of code is Open Source when you can see the code. So, shared source *is* open source, because the code is there for you to see. What you can do with the code, is part of the licence agreement attached with the code. There is no "open source" license, but there is a GPL, BSD, Apache, MIT and so on license.
    Am I the only one seeing it like this? Am I wrong?

    --
    I just don't trust anything that bleeds for five days and doesn't die.
    1. Re:What is Open Source? by realmolo · · Score: 2, Insightful

      Open source software doesn't mean you can just LOOK at the source. It means you can look at it AND modify it and use it (redistributing it is another matter, and depends on the specific license). That's what "open" MEANS. Microsoft is playing semantic games with the "shared source" license. It *sounds* like it's open source, but it's not. It's "shared".

      So, yeah, you're the only one who sees it that way. And you're wrong. That's not what open source means at all.

    2. Re:What is Open Source? by Vanders · · Score: 1

      Yes, you're missing something quite fundamental. The term "Open Source" is a trademark. You can't use it without permission of the OSI, and they've set the criteria of what qualifies as "Open Source". Most of the Microsoft "Shared Source" licenses do not qualify and thus can not be called "Open Source".

    3. Re:What is Open Source? by Prefader · · Score: 1

      I think I agree with this. It seems that the definition of "Open Source", as it's used in the summary, isn't quite right. Software that is Open Source does not necessarily have to be free (as-in-freedom, - as-in-beer, whatever). This is why we sometimes see software referred to as "FLOSS" rather than simply "OSS", right?

    4. Re:What is Open Source? by adpsimpson · · Score: 1

      Open Source means nothing more that the source is "open", that you can see it.

      The word you're looking for there is 'visible' or 'exposed.'

      Open implies that it is, to some extent, available for use. Simply being able to look at it does not constitute use, especially since that is double protected by the terms of the licence and copyright (and perhaps also patent law in the USA).

      As a post above says, 'auditable' would be a much more suitable name for this style of licence, as really that is all that is on offer.

      --
      Is crushing a suspect's child's testicles illegal?
      John Yoo: "No, [if] the President thinks he needs to do that."
    5. Re:What is Open Source? by AndGodSed · · Score: 4, Interesting

      And on another tack - I wonder if MS would incorporate any positive changes you would make to their source code.

      And if they incorporate it, would they automatically own it, hence not needing to pay you for it?

      Not only are we M$'s beta testers, we are now their bug fixers.

      Sounds fishy - but that is just me playing the paranoia card...

    6. Re:What is Open Source? by MMC+Monster · · Score: 1

      I think you are confusing open source and Open Source.

      --
      Help! I'm a slashdot refugee.
    7. Re:What is Open Source? by Ed+Avis · · Score: 1

      That web page you cite doesn't make any mention of it being a trademark. AFAIK, the trademark registration failed because by 1998 the term 'open source' was already too vague. You can have a trademark without it being a registered trademark, but the OSI doesn't claim even this.

      OTOH, you should certainly say what you mean, and 'open source' has a generally accepted definition which is the same as 'free software'.

      --
      -- Ed Avis ed@membled.com
    8. Re:What is Open Source? by Simon+(S2) · · Score: 1

      Open source software doesn't mean you can just LOOK at the source. It means you can look at it AND modify it and use it (redistributing it is another matter, and depends on the specific license). What you are talking about is the OSI definition of Open Source. There are a lot of definitions for Open Source.
      I think we can say that there are OSI Approved Licenses, and Shared Source licenses. Both grant the user a right to *see* the source code, but the big difference is that an OSI license also gives the user additional rights, as explained here.

      Once this is clear, we can discuss about what the term "Open Source" means, and what rights it grans to the user. Personally I think that the "rights" part should be determined by the license attached to the code, not by a term like "Open Source" or "Shared Source", but that is just me.
      --
      I just don't trust anything that bleeds for five days and doesn't die.
    9. Re:What is Open Source? by Anonymous Coward · · Score: 0

      "shared source" is not open source, and shouldn't be confused with it." I think this is not true. Open Source means nothing more that the source is "open", that you can see it. I never interpreted the term "open source" whit the meaning that you are free to modify it and distribute it. That is GPLed code for me. A piece of code is Open Source when you can see the code. So, shared source *is* open source, because the code is there for you to see. What you can do with the code, is part of the licence agreement attached with the code. There is no "open source" license, but there is a GPL, BSD, Apache, MIT and so on license.
      Am I the only one seeing it like this? Am I wrong? I used to think just like you do right now. What changed my mind was reading the definition of Open Source as coined by FSF. A good starting point to the definition would be here: http://en.wikipedia.org/wiki/Open_Source_Definition

      The term Open Source by definition means that right to modify and redistribute the code is given.
    10. Re:What is Open Source? by huckamania · · Score: 1

      Another question is whether changes to 'shared source' code needs to be given back to Microsoft. IANALL, but that's one of those terms I like to publicly scoff at. Another good question is whether you have to give your SSC changes to customers. Again, much scoffing will ensue if it does.

    11. Re:What is Open Source? by Bert64 · · Score: 1

      Really, non free software should be somewhere between the two...
      Kinda like the old BSDI licenses (if i remember correctly), you bought the software and it came with source code which you could modify for your own use.... However you couldn't redistribute this code yourself, except to submit fixes to the original vendor.
      I think it's utterly ridiculous not having the source code, and therefore having to resort to binary hacking to fix bugs or customise it.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    12. Re:What is Open Source? by Vanders · · Score: 1

      Yup, you're right. The OSI pages seem to be deliberately vague on the subject: the OSI logo is a trademark but as you say, the attempt to register "Open Source" as a trademark or service mark failed. Ironically the only place I could find clear information on the subject was the FSF.

    13. Re:What is Open Source? by david_costanzo · · Score: 0, Troll

      If you download and use Fedora Core, aren't you a beta tester for Red Hat Enterprise Linux? And if you fix a bug in Fedora Core, something which Red Hat financially benefits from, do they pay you money? For me, the answer is Yes and No, so I don't see a difference between the Open Source model and Microsoft's Shared Source model, in this respect.

    14. Re:What is Open Source? by drinkypoo · · Score: 4, Informative

      Yes, you're missing something quite fundamental. The term "Open Source" is a trademark. NO IT IS NOT. The term "Open Source" is most certainly not a trademark. The OSI is attempting to build a case for their formerly-denied trademark application for the term "Open Source". The Open Source Marks themselves are trademarked. This is, of course, deceptive business practice - they have YOU fooled, don't they?

      This fact is more obvious when you look at the largest logos, e.g. opensource-550x475.gif. In this logo you can clearly see that the TM applies to the logo, not to the words "Open Source". The smaller logos deceptively make it look like the TM applies to the whole thing (and it SORT OF does - but to the graphic representation of the phrase "Open Source", and not the phrase itself.)

      I did the research into this issue when the OSI announced its intention to "crack down" on vendors who "misuse" the term Open Source. That issue, and the comments in the slashdot story made me somewhat nauseous (and still do.) I subsequently wrote a journal entry detailing the situation. I've since exchanged comments with Bruce Perens, who defends his stance on redefining the term from what it used to be. Rather than taking responsibility for selection of an already-overloaded piece of terminology, Mr. Perens insists that he is correct and that the OSI (and by extension and some truly addled logic, the entire computing community) is the injured party here.

      In reality there is no injured party, just some geeks with an overdeveloped sense of their own importance. Arguably, that includes myself; but then, I'm trying to preserve history, not rewrite it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:What is Open Source? by plague3106 · · Score: 1

      No... open used to mean just that it was available to look at. Free meant you could do what you like. Stop with revisionist history.

    16. Re:What is Open Source? by Vanders · · Score: 1

      This is, of course, deceptive business practice - they have YOU fooled, don't they?
      Well they did I admit, upto about five minutes ago at least.
    17. Re:What is Open Source? by plague3106 · · Score: 1

      Bull. First, it's not trade marked. Second, "open source" has been around a lot longer than the OSI, which only came into being around 1998. I can call something I want open source if I want, and there's nothing OSI could do about it.

    18. Re:What is Open Source? by CastrTroy · · Score: 1

      But who's calling them open source? Certainly Microsoft isn't, otherwise they would have a lawsuit on their hands.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    19. Re:What is Open Source? by Anonymous Coward · · Score: 0

      If you download and use Fedora Core, aren't you a beta tester for Red Hat Enterprise Linux?

      I guess if you fix their startup scripts. I'd think anything else would be a bugfix in a package they don't develop, but possibly contribute to.
    20. Re:What is Open Source? by kchrist · · Score: 1

      I just don't trust anything that bleeds for five days and doesn't die.

      Sorry, I can't take anything you say seriously with this kind of misogynistic bullshit in your signature. Grow up.
    21. Re:What is Open Source? by Anonymous Coward · · Score: 0

      "So, yeah, you're the only one who sees it that way."

      Wow, what's it like to speak for everyone in the world?

      Just so you are aware, he is most certainly _NOT_ the only one that sees it that way, and just because you say it is so doesn't make it so.

    22. Re:What is Open Source? by KutuluWare · · Score: 1

      It means you can look at it AND modify it and use it [...] Microsoft is playing semantic games OT: I barely managed to stop myself from making the obvious "Symantec makes games?" joke. Shew.

      Everyone is playing semantic games here. The word Open has about a dozen meanings just in general conversation, ignoring the handful of extra ones made up by the tech industry. None of them means exactly what the OSI uses as it's definition of "open source". Open Source source code is different than source code that is open because open means things like "visible to all", "permitted access", etc. The OSI really should be calling it Unrestricted Source or something similar (though that's also not quite accurate as there are restrictions, just generally minor ones.)

      Microsoft is not using the term Open Source to describe their method of opening their source code because the term has been hijacked by OSI to have one specific meaning out of the dozens of dictionary definitions that could apply (and plus it's trademarked, even though OSI wasn't the first to use it). They are using a different term, Shared Source, precisely because their licenses do not all meet the Open Source definition.

      Of course, the reality is that some shared source licenses are absolutely open source because OSI said they are, so the entire argument that shared source is "not the same" as open source is completely misguided. They are two distinct but overlapping terms with their own intended meanings and usages, and the F/OSS community is just trying to invent confusion where none exists because they don't like the fact that OSI approved some of the SS licenses.
    23. Re:What is Open Source? by Anonymous Coward · · Score: 0

      The term Open Source by the FSF's definition means that right to modify and redistribute the code is given.

      There, fixed that for you.

    24. Re:What is Open Source? by jedidiah · · Score: 2, Insightful

      Redhat is not the sole owner of your improvements.

      You can set yourself up as a commercial competitor to Redhat if you
      really wanted to by taking your few improvements and the rest of the
      product that Redhat sells.

      Those improvements can be integrated by all of Redhat's other competitors.

      The two aren't even remotely equivalent (Redhat vs. Microsoft).

      Can we fork Windows so that it's now a compatability ABI for MacOS and Linux?
      Can we do so in a manner that no longer requires anyone to pay Microsoft?

      --
      A Pirate and a Puritan look the same on a balance sheet.
    25. Re:What is Open Source? by thelawal · · Score: 1

      Wow you actually got the same meaning that I got from this article. The OP just focused on the example that was given in the article. The actually subject of the article was that open source licensing has gotten really crowded. It was talking about having to carefully inspect the licenses. But because the author used a MS license as a reference /.er went into attack M$ mode. I wonder how many saw that the OSI had actually approved the Ms-PL and Ms-RL. I understand that there is founded concerns about the dealings of big corporations, but not everything is requires a secret decoder ring.

    26. Re:What is Open Source? by Russ+Nelson · · Score: 1

      You mistake how trademarks work. A trademark that is ruled generic can acquire a secondary meaning over time. So, Open Source is a stronger trademark today than ten years ago.

      --
      Don't piss off The Angry Economist
    27. Re:What is Open Source? by Russ+Nelson · · Score: 1

      Yes, you're missing something quite fundamental. The term "Open Source" is a trademark. NO IT IS NOT. Always, remember, shout lies louder.
      --
      Don't piss off The Angry Economist
    28. Re:What is Open Source? by Russ+Nelson · · Score: 1

      "nothing"? We could call up Guido and Larry, and send them by your place of business. "Nice computer ya got there. You wouldn't want any rootkits installed there, would ya?"

      No, but seriously, there are many more laws than are legislated. If you don't know these laws, you're going to make a fool of yourself.

      And that's even assuming that we don't have a trademark, which is not proven to be not be untrue.

      --
      Don't piss off The Angry Economist
    29. Re:What is Open Source? by Russ+Nelson · · Score: 1

      Ya see, that doubt is exactly why we have a written definition of Open Source. Open Source requires all the freedoms that you get from Free Software.

      --
      Don't piss off The Angry Economist
    30. Re:What is Open Source? by Allador · · Score: 1

      What is it with people on /. who think they are the kings of words.

      You dont get to decide what the word 'open' means.

      The OSI (a USA California non-profit) doesnt get to decide what the word 'open' means.

      The FSF doesnt get to decide what the word 'open' means.

      It means something different to different people, plus there are general consensus and industry specific consensus.

      For those of us who have been in this industry longer than OSI or FSF existed and/or were making press, 'open source' usually means 'viewable source'.

      It generally does not mean 'view and modify'. In fact, it usually doesnt make any judgement about the 'and modify' part at all. It means 'view' and anything beyond that is license specific.

      In fact, even currently, the ONLY subgroup I know of who think 'open source' can ONLY mean GPL or 'OSI approved license' is the current linux zealot crowd. It's not even the Linux users, its the tiny vocal and zealous minority.

      The bottom line is that for you to sit there and proclaim to the universe what a word means to everybody is just insanity. There is no such rule as what you are proclaiming, and there cannot be, since you cant control the inside of people's heads.

    31. Re:What is Open Source? by Allador · · Score: 1
      Cant you even be bothered to read the site you linked to?

      The term 'open source' is NOT trademarked. OSI says so quite clearly on their website which you linked to but didnt actually look at.

      http://www.opensource.org/docs/certification_mark.html

      The Open Source Definition spells out the essential qualities of open source software. Unfortunately, the term "open source" itself is subject to misuse, and because it's considered descriptive, it can't currently be legally protected as a trademark (which would have been our first choice).
    32. Re:What is Open Source? by Ed+Avis · · Score: 1

      Does the OSI assert that 'open source' is a trademark?

      --
      -- Ed Avis ed@membled.com
    33. Re:What is Open Source? by Anonymous Coward · · Score: 0

      Open source has ALWAYS implied the ability to modify and redistribute the code. It is Microsoft and Microsoft alone that has attempted to dilute the term "open".

    34. Re:What is Open Source? by david_costanzo · · Score: 1

      Who said anything about Windows? Of course you can't legally fork Windows, because Microsoft has not licensed the Windows source code under its "Shared Source" initiative. You can't fix bugs in Windows, either. But that's irrelevant, because both the article and the post to which I responded talk specifically about source code which Microsoft releases under one of its "Shared Source" licenses. And for that source code, the answer is yes, you can fix bugs and release a competing product.

      Can we do so in a manner that no longer requires anyone to pay Microsoft?

      If you read the OSI's explanation of the shared source licenses, you'll see that Ms-PL and Ms-RL are more competition-friendly than most of the traditional open source licenses because they also indemnify all contributors against patent infringement. So you wouldn't be legally obliged to pay Microsoft anything if you wanted to rebrand their code and release a competing product.

    35. Re:What is Open Source? by Anonymous Coward · · Score: 0

      Why are you posting a reply pointing out the exact same thing as the previous four posters, seven hours after the original post?

  7. Sounds like Open Source to me by Anonymous Coward · · Score: 1, Insightful

    If you get to view the source, it sounds like Open Source to me.

    I think the problem is that FOSSies equate open source with the GPL... which is false. The GPL is not "open source", since you can have open source without the GPL.

    It's kind of funny- the FOSSies hated MS for not supporting open source... and now that MS supports open source, they just moved the target and start hating Microsoft for something else. It's no wonder Microsoft ignored everything they say: sounds like time to go back to that policy.

    1. Re:Sounds like Open Source to me by Anonymous Coward · · Score: 3, Funny

      If you get to view the source, it sounds like Open Source to me.
      If it was Open Source it'd be called (wait for it) "Open Source". "Shared Source" is clearly not "Open Source": the first two words are different, see?

      I think the problem is that FOSSies equate open source with the GPL
      Er, well you might, but anyone with a functioning brain equates "Open Source" with, well, Open Source, and "Free Software" (look, both words are different with that one!) with the GPL and other Free Software licenses.

      Unless of course you personally pronounce "Shared" in a way that makes it sounds like "Open". Then I guess you really could claim that "Shared Source" sounds like "Open Source" I guess, and not be trolling.
    2. Re:Sounds like Open Source to me by TheRaven64 · · Score: 2, Insightful

      No, the problem is that people started using the term Open Source because Free Software was 'confusing.' Open Source is supposed to mean the same thing as Free Software, but it doesn't sound like it does. Free Software is ambiguous because free has two meanings in English. Open Source is ambiguous because open has a huge number of meanings in computing (visible, editable, redistributable, conforming to standards, and so on). An unambiguous term like Software Libre would be better, but unfortunately Open Source seems to be the buzzword de jour.

      --
      I am TheRaven on Soylent News
    3. Re:Sounds like Open Source to me by bob.appleyard · · Score: 4, Informative
      --
      How dare you be so modest!! You conceited bastard!!
    4. Re:Sounds like Open Source to me by drinkypoo · · Score: 3, Informative

      No, the problem is that people started using the term Open Source because Free Software was 'confusing.' Open Source is supposed to mean the same thing as Free Software, but it doesn't sound like it does.

      Uh, no, you're wrong. You're not really at fault for not knowing this though; Bruce Perens' and the OSI's revisionistic attempts to rewrite computing history to make themselves more important than they really are are the source of the bad information which you have swallowed.

      Open Source means that you see the code, that's all. It doesn't even mean that everyone can see the code; Unix vendors were using the term "Open" to mean documented and thus interoperable before the OSI or even the FSG were thought of. And as you can see from the above link, Caldera used the term "Open Source" prior to the foundation (or even the first beginnings of) the OSI.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Sounds like Open Source to me by lukas84 · · Score: 1

      If you get to view the source, it sounds like Open Source to me.


      Then you're wrong.

      I work for an ERP vendor which sells an application that runs on the IBM i platform.

      Customers had the ability to purchase an agreement that allowed them to view and even modify our source code (of course with lots of strings attached). And that has been going on for a few years, so it's not exactly new.

      Many other vendors that do not operate in a commodity market also offer the possibility to buy access to the source.
    6. Re:Sounds like Open Source to me by Anonymous Coward · · Score: 1, Funny

      access to the source. ...by Circuit City.
    7. Re:Sounds like Open Source to me by Anonymous Coward · · Score: 0

      How very mendacious of you. Note that Caldera (a linux vendor) used the term in the modern (generally accepted except by /. trolls and pathetic M$ fanbois) OSI sense, but note that unix vendors used the term "Open" as in "Open Systems" not "Open Source" - unfortunately for you, I and many others were alive back then. Open Systems just meant well-defined interfaces, sometimes expresses as look-but-don't-touch header files. Examples being OpenVMS and The Open Group.

      YOU are the revisionist, deliberately attempting to confuse the early 90s commercially-driven Open Systems movement and the latter-day Open Source movement to support your anti-freedom agenda.

      FWIW, the intelligence (i.e. spies) community actually did and does use the term "open source" long before ordinary computer geeks (though the overlap was of course always there (cough NSA cough) in a very different sense - meaning generally available sources of intelligence, like newspapers.

    8. Re:Sounds like Open Source to me by sm62704 · · Score: 1

      Just because you coin a word* doesn't give you ownership of that word. If you register that word with the trademark office, then you own that word.

      In order for the FSF (or Bruce Perens) to own "Open Source", you have to spell it "Open Source (TM)". And he has to have registered the word.

      -mcgrew

      *the link is to my blagh, which starts with a newly coined word. No need to click.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    9. Re:Sounds like Open Source to me by ozmanjusri · · Score: 1, Offtopic
      Or the Microsoft version...

      Microsoft Chick: "Let's fuck!"
      Slashdot Nerd: "Actually, I wanted to make sweet meaningful love, but all right."
      Microsoft Chick: (Greases up giant dildo) "Bend over and make like Goatse."
      Slashdot Nerd: "But but but, that's not what I meant!"
      Microsoft Chick: "You said you wanted to fuck. This is how I fuck. I'm going to fuck you geeks, I have done it before, and I will do it again. Now SPREAD!"

      Slashdot Nerd walks bow-legged away from the Microsoft Chick, clearly disgusted at the stench of greed and hypocrisy.

      --
      "I've got more toys than Teruhisa Kitahara."
    10. Re:Sounds like Open Source to me by Anonymous Coward · · Score: 0

      Uh, no, you're wrong. You're not really at fault for not knowing this though; Bruce Perens' and the OSI's revisionistic attempts to rewrite computing history to make themselves more important than they really are are the source of the bad information which you have swallowed.

      Way to build bridges, fella. You've not only failed to lower my respect for Perens and the OSI, you've pretty much represented the Free Software community in an extremely poor light.

      Keep evangelizing like that and the FSF will be as much a historical footnote as MIT's AI lab.

    11. Re:Sounds like Open Source to me by drinkypoo · · Score: 1

      Way to build bridges, fella. You've not only failed to lower my respect for Perens and the OSI, you've pretty much represented the Free Software community in an extremely poor light.

      If you are incapable of understanding the distinction between Free Software and Open Source, and yet are reading and commenting (with cowardice!) on a technology site like Slashdot, then we don't need you.

      I would not "speak" in precisely the same "tone" on a site that is not (ostensibly) for technologists.

      My goal was to lower your respect for Perens and the OSI, as should be obvious from even a casual read of my comment - at least, if you think they're some kind of authority. I don't want you to think they're human garbage or anything, just human. The fact that you are lumping the Free Software community in with a subset of the Open Source community (really, the cult of the OSI - don't read too much into my choice of words, I'm a Penguinista) when I am explicitly attempting to separate them indicates that you are either trolling (in which case, congratulations) or you missed the point of my comment (written in relatively plain and concise English, especially for this place) entirely.

      Keep evangelizing like that and the FSF will be as much a historical footnote as MIT's AI lab.

      I can't help it when people confuse the OSI and the FSF, especially when I haven't even mentioned the latter. All I can do is continue to (separately) preach in favor of Free Software. Which, before anyone else brings it up, I preached Against before I preached For. :D I used to be anti-GPL and pro-BSD/MIT/etc... today, I am the other way 'round. Because, you know, I changed my mind. But THIS isn't about opinion, it's about fact.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    12. Re:Sounds like Open Source to me by Anonymous Coward · · Score: 0

      Er, well you might, but anyone with a functioning brain equates "Open Source" with, well, Open Source, and "Free Software" (look, both words are different with that one!) with the GPL and other Free Software licenses.


      Actually... anyone with a full brain (rather than just half) equates "open source" with being able to view the source code, and "free software" with... software which is free, as in no cost (regardless of whether they can view the source code or not).

      Many more things become possible with 50% more brain! The zealot glass really hold people back.
    13. Re:Sounds like Open Source to me by mrsteveman1 · · Score: 1

      I love how it always turns into YOU HATE FREEDOM! I saw you punch a bald eagle you FREEDOM HATER!

    14. Re:Sounds like Open Source to me by Allador · · Score: 1

      They did NOT coin the term.

      OSI is a recent org (founded in 1998 according to their webpage), the term 'open source' has been around for much, much longer than the OSI has even existed.

    15. Re:Sounds like Open Source to me by Russ+Nelson · · Score: 1

      anyone with a full brain (rather than just half) equates "open source" with being able to view the source code, And we know this to be a fact because Anonymous Coward says it.

      Or not.
      --
      Don't piss off The Angry Economist
    16. Re:Sounds like Open Source to me by Russ+Nelson · · Score: 1

      Your sig says "Don't feed the trolls - when an AC says something stupid, let it slide." What do you recommend when you say something stupid? Let it slide? Unfortunately, we can't do that. A trademark holder has to defend their trademark or they'll lose it. So, once again, with feeling: Open Source is a trademark of the Open Source Initiative regardless of what Mr. Poo (or can I call you Drinky) says.

      Mr. Poo. Yeah, that about sums up his postings.

      --
      Don't piss off The Angry Economist
    17. Re:Sounds like Open Source to me by Russ+Nelson · · Score: 2, Interesting

      Traditionally, since only lawyers are allowed to practice law and give legal advice, Internet Lawyers say "IANAL". In your case, however, I would add "AIAC" (And I Am Clueless), cuz, well, cuz you are. Trademarks are established (in the US) by use, not by registration. I can sue you for trademark infringement if you start selling software under the name Crynwr even though I've never registered the name.

      Any doubt as to whether the OSI owns Open Source? I thought not.

      --
      Don't piss off The Angry Economist
    18. Re:Sounds like Open Source to me by Anonymous Coward · · Score: 0

      Twenty years ago you'd have been right, but the world has moved on since. People in IT actually know what Free Software and Open Source are. In this particular instance it doesn't matter if people outside of IT understand the difference: they don't know what "Shared Source" is, either.

    19. Re:Sounds like Open Source to me by BruceCage · · Score: 1
      I personally agree with the sentiment expressed by the grandparent, the term 'open source' (Open Source?) is basically reserved for describing software licensed under a license that complies with the Open Source Definition by the OSI. Allowing the term to be applied to software of which you are only able to 'view' the source code (and not modify, distribute etc.) would be quite a setback. A term such as 'Open Source Definition Compliant Licensed Software' just doesn't have the same ring to it.

      Concerning your statement that "the term 'open source' has been around for much, much longer than the OSI has even existed" the following discussion and statement by Bruce Perens right here on Slashdot might be of interest:

      Before the Open Source Initiative was founded and the Open Source Definition was published, the term "open source" was commonly used to refer to a form of military intelligence, and that meaning still survives. There are a few references - not a ton - before that date to "open source code" to refer to published source code, but with no rights connected with it. The campaign started in February 1998 and "Open Source" gained a specific meaning at that time.
      --
      Perfect is the enemy of done.
    20. Re:Sounds like Open Source to me by sm62704 · · Score: 1
      WINAL

      Establishing trademark rights
      The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction, e.g., the U.S. Patent and Trademark Office. In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognize trademarks rights arising through use (e.g. China or European Union). If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited. In cases of dispute, this disparity of rights is often referred to as "first to file" as opposed to "first to use". Other countries such as Germany offer a limited amount of common law rights for unregistered marks where to gain protection, the goods or services must occupy a highly significant position in the marketplace - where this could be 40% or more market share for sales in the particular class of goods or services.

      A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example maybe a very large multinational brand such as "Sony" where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in.

      Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction (see International trademark laws below).
      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    21. Re:Sounds like Open Source to me by drinkypoo · · Score: 1

      A trademark holder has to defend their trademark or they'll lose it. So, once again, with feeling: Open Source is a trademark of the Open Source Initiative regardless of what Mr. Poo (or can I call you Drinky) says.

      Thank you (again) for confirming what I have previously said; the members of the OSI have no choice but to assiduously claim that they own the supposed "trademark" on the phrase Open Source in spite of the fact that it is neither theirs, nor a trademark.

      Mr. Poo. Yeah, that about sums up his postings.

      At a time when I have calmed down and reduced my emotional content in my comments, your personal attacks do nothing to make you look better. You only harm your own reputation and that of the OSI. (You wouldn't happen to be someone who hijacked Russ' account, would you? That would make more sense than the drivel you're spewing.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    22. Re:Sounds like Open Source to me by Allador · · Score: 1

      I personally agree with the sentiment expressed by the grandparent, the term 'open source' (Open Source?) is basically reserved for describing software licensed under a license that complies with the Open Source Definition by the OSI. But you cant 'reserve' it. Language doesnt work that way, its not something you can declare by fiat.

      Language is defined by what is understandable. In items like this, 'common understanding' is usually the threshold used.

      But the problem is, even within the software development industry, there's no common agreement or understanding among the practitioners that 'Open Source' means what you (or OSI) says it means.

      Concerning your statement that "the term 'open source' has been around for much, much longer than the OSI has even existed" the following discussion and statement by Bruce Perens right here on Slashdot might be of interest: Yeah, I saw Bruce's posts, and he responded to two of my posts with the same idea. And with all due respect to him, he also doesnt get to decide how the language is used, nor does he get to re-write history.

      Prior to OSI, (and still so for a large number of developers in the industry) open source was generally understood to mean source viewable or available. It did not make any judgement or statement about what licenses or restrictions applied to your use of this source, it just was concerned with whether the source was available at all.

      As I responded to Bruce Perens, although it wasnt used in the 'quoted and capitalized' form, the non-quoted and non-capitalized form would have been generally understandable for the last 20 years. But that general understanding wouldnt have been so specific to include all the distinctions of Bruce's or OSI's definitions.

      In fact, one could even argue that folks like Bruce Perens and OSI are engaged in the same sort of guerrila campaign to modify the language that the slashdotters are accusing Microsoft of.

      I say this because at this point in time, 'Open Source' as OSI defines it is not the same thing as 'open source'. They're trying to make it a proper noun that has special meaning, but is visually indistinguishable from the non-proper noun term.

      I dont have any problem with this, any human is welcome to throw their hat in the ring and try to change society. Doing so by changing the language is an effective approach to this.

      But I dont like people re-writing history or trying to say that their definition of something is the official definition when its not even in common usage, even within the specific industry jargon.
  8. I'm no doubt missing something... by Otter · · Score: 2, Interesting
    In both of the examples I mentioned here, there was no attempt to shade or hide the truth. And in both cases, we were truly dealing with open source software.

    So, two companies, neither of which is Microsoft, released supposedly "open source" software that is, in fact, completely open source? I'm missing where the "hijack" and "confusion" come in.

    1. Re:I'm no doubt missing something... by thelawal · · Score: 1

      The "hijacking part is /. sensationalism to get more reads and to promote the populatopn of the why hate Micorsoft mentality. IF the OP did not have this motive in mind, that person would have titled the summary something more appropriate like "Are Open Source licenses getting too confusing?". However, because the OP knew that most people on here would like to express why they hate Microsoft, s/he decided to focus more on one example given in the article than the actual content. I find it funny how somany of the articles about Linux, Free Software, etc. are about MS. It is almost like the free software community has a FUD campaign against MS. Let revise that the zealots are doing as much. Of course, if anyone reads this I'll probably get labelled some kind of MS affiliate. Do you know why? It will be more zealot FUD to discredit my opinion and logic. Funny isn't it how an article that had nothing to do with MS except passivve reference to its OSI-Approved licenses and their unapproved derivatives transformed into an article about MS trying to hijack the open source, oh wait, FOSS community.

  9. A legitimate question by stonecypher · · Score: 4, Interesting

    How is this any different than what GPL did to BSD? Show up, act like you invented the term "free software", impose a bunch of draconian restrictions that didn't used to exist and loudly tell everyone that your choice of strictures does good for the community?

    Preparing for inappropriate troll and flamebait mods. It's still a legitimate question.

    --
    StoneCypher is Full of BS
    1. Re:A legitimate question by adpsimpson · · Score: 5, Insightful

      ...impose a bunch of draconian restrictions that didn't used to exist...

      Rising to the bait, GPL's restrictions act to restrict the current user in order to the benefit the community. They arguably don't necessarily benefit the original code developer, although the developer is free to the same benefits as the community receives.

      Microsoft's restrictions benefit, well, Microsoft. That is, the original developer. Not the community, not the current user. Nobody else.

      This seems like a pretty important distinction.

      --
      Is crushing a suspect's child's testicles illegal?
      John Yoo: "No, [if] the President thinks he needs to do that."
    2. Re:A legitimate question by TheRaven64 · · Score: 2, Interesting

      Rising to the bait, GPL's restrictions act to restrict the current user in order to the benefit the community. So, can you explain to me how the community has benefited from the FSF having to rewrite a PDF framework from scratch because the existing ones (Poppler and friends) are all based on xpdf, which is GPLv2-only, which is incompatible with GPLv3 and, more importantly, LGPLv3, preventing any project from using Poppler and any LGPL'd libraries that upgraded to the latest version?
      --
      I am TheRaven on Soylent News
    3. Re:A legitimate question by morgan_greywolf · · Score: 2, Interesting

      Yes. The GPL adds restrictions that protect software freedom and innovation. They benefit the author and all licensees, not just the author. Shared Source only benefits the author -- i.e., it exists to keep people locked in to the Windows OS and the Office office suite. The GPL benefits everyone by keeping the source code open and preventing third parties from keeping their innovations secret from everyone else.

      OTOH, BSD people typically argue that their license is more "open" because it adds no restricttions and allows licensees to produce closed source products from the open source tool. This is true to a point; however the BSD license also allows third parties to grab the source, add some stuff to create vendor lock-in, and then release the result as closed software. Some of us see this as preventing innovation from flowing back to the community by allowing people to take but not give back.

    4. Re:A legitimate question by maxume · · Score: 2, Interesting

      Without arguing about your point, how many people that are willing to take and close BSD are going to end up willing to use and contribute back to GPL?

      There is probably some intersection, but the existence of BSD options is going to keep that intersection pretty small. So in the end, the GPL probably does more to limit lock-in use of the code (which is fine, I think an author has every right to do such a thing) than in does to encourage flow-back of innovation from selfish borrowers.

      --
      Nerd rage is the funniest rage.
    5. Re:A legitimate question by adpsimpson · · Score: 1

      Which do you think would be more useful to you if you were starting that task - the original GPL2 framework, or the MS Windows framework, under a Microsoft 'Shared Source' licence?

      A rewrite due to incompatible open source licences is a waste of resources, certainly. Though I don't know about this case, my guess would be that there were other factors in the decision to; there normally are multiple factors in a complete codebase rewrite.

      --
      Is crushing a suspect's child's testicles illegal?
      John Yoo: "No, [if] the President thinks he needs to do that."
    6. Re:A legitimate question by 99BottlesOfBeerInMyF · · Score: 1

      Rising to the bait, GPL's restrictions act to restrict the current user in order to the benefit the community.

      I disagree. Any given person/group/company can be a user of software and/or a developer of software. The GPL does not restrict them as a user, only as a developer. It basically says that if you want to develop the code, you have to share with other developers as the price.

      Microsoft's restrictions benefit, well, Microsoft. That is, the original developer. Not the community, not the current user. Nobody else.

      Microsoft's shared source license is more restricted than the GPL, certainly, but it does bring some benefits to users. That is to say, users can view the code to say, find security holes, or understand how to interoperate more easily. With this knowledge they can create security work arounds and such. They can also submit more specific feature requests to MS.

      Shared source does benefit users, it just does so in a very weak way when compared to the GPL.

    7. Re:A legitimate question by Bert64 · · Score: 4, Insightful

      The GPL may have more restrictions than BSD, but the GPL itself doesn't take anything away, it actually grants you rights you wouldn't normally have under copyright law while placing some restrictions on those rights.

      If you look at most commercial licenses, they are far more "draconian" as you put it, since not only do they usually not grant you any rights you wouldn't already have, they often seek to take away the rights you would have had through copyright law.

      GPL is good for the community because it insures that future users have the same rights, and that a third party cannot take the code and re-release it under draconian restrictions (as often happens to BSD code). Obviously it's far from ideal, and i'm sure Richard Stallman would be the first person to agree, but so long as there are people out there seeking to take free code and rerelease it under draconian restrictions there will be a need to do something to stop that happening. I would say that the restrictions of the GPL are more than livable, given the alternative of completely closed source.

      Additionally, the extra restrictions imposed by the GPL compared to BSD don't really affect people who just want to use the sofware, or who want to modify it and contribute the changes back to the community. They only have an impact on those who want to leech by taking existing code, packaging it up and selling a closed source derivative.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    8. Re:A legitimate question by morgan_greywolf · · Score: 2, Interesting

      how many people that are willing to take and close BSD are going to end up willing to use and contribute back to GPL?
      That's the whole point. We don't want those people. If you're not willing to share and share alike, you just need to go away and bother somebody else because we don't want to even deal with you.

      That being said, when I use the term 'we', understand that I'm a realist and I realize that some kinds of software are best released under either an LGPL or BSD-like lioense. Mostly this is when you want to reach the widest audience possible; this is usually the same motivation that BSD authors have.

    9. Re:A legitimate question by Bert64 · · Score: 1

      They haven't, and incompatible license fragmentation is bad...

      But at least GPLv2 projects can benefit from xpdf, Noone can benefit from or contribute towards a closed source PDF framework.
      So while clearly not ideal, the current situation is still by far and away not the worst possible.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    10. Re:A legitimate question by adpsimpson · · Score: 1

      Any given person/group/company can be a user of software and/or a developer of software. The GPL does not restrict them as a user, only as a developer. It basically says that if you want to develop the code, you have to share with other developers as the price.

      See my reply to the comment above - I had meant users of the source code, not users of the software.

      Microsoft's shared source license is more restricted than the GPL, certainly, but it does bring some benefits to users...

      Quoting my original post, 'Microsoft's restrictions benefit, well, Microsoft.' I was not arguing that the licence as a whole doesn't benefit the developers, but that the restrictions to what those developers can do benefit only Microsoft.

      Methinks we're arguing the same side here?

      --
      Is crushing a suspect's child's testicles illegal?
      John Yoo: "No, [if] the President thinks he needs to do that."
    11. Re:A legitimate question by es330td · · Score: 1

      Not the community, not the current user. Nobody else. You couldn't be more wrong. The overwhelming majority of US businesses run their operations on MS software, whether it be simply XP/Vista desktops or a full blown W2K3 domain with Exchange email and IIS webservers. While it is true that MS is the primary beneficiary of a shared license, anything that makes MS software better benefits society at large because the market gets a better product. As much as many here would like to see MS go away, the fact remains that for all its flaws businesses still choose to run it, and if they are going to do that in spite of its flaws then anything that improves security and reduces time lost to errors benefits everyone.
    12. Re:A legitimate question by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      How is this any different than what GPL did to BSD? Show up, act like you invented the term "free software", impose a bunch of draconian restrictions that didn't used to exist and loudly tell everyone that your choice of strictures does good for the community?

      The GPL and BSD are different licenses, each ideal for different uses. In many cases the same developers will develop both BSD and GPL licensed code depending upon what they want to do with their creation. Sure there are idiots who claim everything should be GPL or BSD and that the other is not "real OSS" but those people are mostly uninformed twats. Seriously, very rarely are those opinions expressed by anyone here or in knowledgeable forums. The development community as a whole accepts and utilizes both; GPL for projects that are larger and need a lot of ongoing input from different players and the BSD license for core technologies where adoption of that technology is more important than keeping contributions to a reference implementation available to all.

      For example, if I (or my employer) is investing in writing a userspace application like a page layout program, the GPL is most likely to garner contributions from others in a way that benefits me and the other developers as well as the user base. If I (or my employer) invests in writing code for a new auto-discovery over IP daemon the BSD license allows that code to be integrated into more devices and OS's more easily and both users and developers benefit only if adoption is widespread. The same developer or company will often find itself contributing under both these licenses. Very few developers consider it some sort of competition between the two or advocate only one license for all things... and most of those people are not industry insiders and probably have not contributed significant code in any case.

      The shared source license is somewhat different in that the specific use case it is designed to solve is a marketing one, rather than a functional one. It is simply a way to provide a license that benefits the one and only developer at the expense of the user, by providing a very small subset of the benefits of other OSS licenses, while intentionally castrating the most important (but less understood) benefits. MS's problem is not that developers or users need more freedom to make the code better, it is that developers and users are demanding OSS because OSS code is helping others in ways they don't really understand and those developers and users need to be convinced that MS is giving them those same benefits, in a vague and not specifically explained way.

      Preparing for inappropriate troll and flamebait mods. It's still a legitimate question.

      If you're preparing for troll and flamebait mods, then you probably at least have an inkling that your view is both inflammatory and reflects a poor understanding of those licenses as they are commonly used by the OSS community. In future, if you think you're going to be modded down as a flame and troll, maybe you should assert less and instead ask people to inform you as to why the opinion would be so large of a misunderstanding that it would potentially result in such a moderation. You obviously have doubts about the legitimacy of your question, otherwise you would not phrase it the way you did.

    13. Re:A legitimate question by 99BottlesOfBeerInMyF · · Score: 1

      See my reply to the comment above - I had meant users of the source code, not users of the software.

      Yeah, this is just semantics. I was hoping to clarify the role a licensee as a developer or a user, but it is not to be, it seems.

      Methinks we're arguing the same side here?

      Methinks we're coming at this from different perspectives. You seem to have approached this from the perspective of an independent coder looking to license a new project and comparing MS's shared source license to the GPL for what restrictions should be added.

      I was looking at it from the perspective of Microsoft, trying to compete with OSS projects by licensing the source to closed source projects they create internally and not adding restrictions compared to the GPL, but adding freedoms compared to closed source.

      I actually think my perspective is more useful because I doubt any significant number of coders outside of MS and MS funded projects will ever use their shared source licenses. It provides no benefit over the GPL unless you are a closed source developer trying to market your product to people who have a real OSS alternative.

      So yeah, I think we agree on the facts, but are just coming at the issue from opposite directions, which has lead to confusion over terminology.

    14. Re:A legitimate question by Tuoqui · · Score: 1

      It sounds like they're doing it for stupidity sake and to lock up the source into GPLv3. GPL licenses usually state something like 'Distributed under GPLv# or later'.

      All they really have to do is take the original sources and repackage them as GPLv3. They dont need to reduplicate the effort but the fact that there is GPLv2 versions out there means that someone could have gotten those under GPLv2 and negate any 'protections' that came as a result of GPLv3 rewrite.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    15. Re:A legitimate question by gnuman99 · · Score: 1

      It is almost exactly like the GPL license. GPL prevents usage by closed source software - violating the license agreement is copyright infringement. Theft of intellectual property of the GPL license holder, if you will. The license holder specifies the rules under which the code may be used, and they are certainly more restrictive than BSD license, for example.

      Now, the Microsoft license is very similar in spirit of restrictions. They developed the said software for the Microsoft platform and want others to be able to modify and improve it. The only additional restriction seems to be that the modified software be only available for Microsoft platform. You know, it *benefits* ALL users of the software on Microsoft's platform. It just doesn't benefit users on Linux, or OS X, or OS/2 or AIX or Solaris, or similar.

      The Microsoft license forces the modifications to benefit their community of developers and users. Just like GPL software forces the modifications to benefit non-proprietary segment of the software market (clearly not benefiting the closed source crowd), the Microsoft license benefits the Microsoft's OS *users*. While in the end, it may benefit Microsoft, do we argue that because Linux is GPL that it benefits RMS? Or FSF?

      I'd say the GPL crowd is crying foul because someone wants to place similar restrictions as GPL but benefiting their own segment of the market. And especially since it is the "great evil" Microsoft. Is it workse than someone like MySQL having a LGPL licensed API library and then switching suddenly to "GPL only or pay us $$$"?

      Use the code as the license states it, or don't use it. Microsoft wasn't forced to open their sources. They chose to do so and the license terms are their business.

    16. Re:A legitimate question by jedidiah · · Score: 1

      That's assuming that any of these improvements will ever be pushed out.

      With genuine free software, I can release my own changes and anyone that
      cares to can use them. They can do so until the official package owner
      decides to integrate my changes.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    17. Re:A legitimate question by onefriedrice · · Score: 1

      Additionally, the extra restrictions imposed by the GPL compared to BSD don't really affect people who just want to use the sofware, or who want to modify it and contribute the changes back to the community. They only have an impact on those who want to leech by taking existing code, packaging it up and selling a closed source derivative. Actually, due to the incompatibilities amongst the various GPL licenses and between the GPL other open licenses, the GPL does carry limitations of what you can do with "free" code that are unrelated to leeching. Ideally, I should be able to do whatever I want with free code, including mix it with other free/open code. As long as the code remains free, this shouldn't be a problem, but it is impossible in some cases due to these 'restrictions' of the GPL.

      Therefore, I agree with your assessment: The GPL "is far from ideal."
      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    18. Re:A legitimate question by Antique+Geekmeister · · Score: 1

      The GPL allows you to recode your work from scratch to achieve the same results, under a different license. Microsoft licenses do not. This is pretty important.

    19. Re:A legitimate question by drsmithy · · Score: 1

      The GPL adds restrictions that protect software freedom and innovation.

      The GPL makes it essentially impossible to profit from your innovations without tying your code to some other non-GPLed products (be they something as simple as a support contract or something more concrete like a piece of hardware).

      *That* is why some people don't think it's the best thing since sliced bread. They want to make money selling software. Even if you have some awesome idea for a piece of software that every man and his dog will want to use, and do 99% of the heavy lifting yourself, that 1% worth of boring, mundane crap you used GPL code for essentially brings the potential price for your software crashing down to roughly $0.

    20. Re:A legitimate question by 99BottlesOfBeerInMyF · · Score: 1

      The only additional restriction seems to be that the modified software be only available for Microsoft platform. You know, it *benefits* ALL users of the software on Microsoft's platform. It just doesn't benefit users on Linux, or OS X, or OS/2 or AIX or Solaris, or similar.

      This is simply not true. You see, users of Windows are also often users of other OS's these days. They also often need to interact with users of other OS's. So while you assertion could be true for an application that does not need to interoperate in any way for a user who only uses MS products, it is not true in the general case. A company looking to buy a solution to run on Windows desktops may still need to interact with their partner who is on Linux desktops and may want to be able to run a portable version on their Linux and OS X based smartphones. These are Windows users and it hurts them.

      While in the end, it may benefit Microsoft, do we argue that because Linux is GPL that it benefits RMS? Or FSF?

      No, because it does not benefit them specifically. It benefits all developers and users. It is a feature and a selling point. MS's shared source is a feature both intentionally made less useful than the competition and designed to confuse potential users about that fact.

      I'd say the GPL crowd is crying foul because someone wants to place similar restrictions as GPL but benefiting their own segment of the market.

      The "GPL crowd" is not crying foul at all. They're just trying to inform people that shared source is not the same thing as the GPL and will not bring the same benefits and that users should not be tricked into thinking that is so by MS's marketing and sales people. The concern is not that MS is writing a license under our existing copyright laws the same as the authors of the GPL did. The concern is that said license does not benefit users in the same way and that MS is trying to mislead users into thinking otherwise. Nobody gives a rat's ass if people want to license their code under MS's license. They do care that end users are confused that code licensed in such a way might be mistaken for having the same benefits as GPL licensed code.

      And especially since it is the "great evil" Microsoft.

      Actually, there is a consideration here. That consideration is not that MS is evil. It is that MS is a criminal that regularly abuses a monopoly and using a license to restrict developers to use code only on said monopolized product may well be both illegal and undermining free trade. That said, I haven't seen a single person (OSS advocate or not) who has brought up this consideration, so your comment is mostly just a strawman.

      Is it workse[sic] than someone like MySQL having a LGPL licensed API library and then switching suddenly to "GPL only or pay us $$$"?

      Yes. Nothing stops users from taking the LGPL code and forking it. There is no confusion as to if the GPL is the same as the LGPL. No monopoly is involved to be abused.

      Use the code as the license states it, or don't use it. Microsoft wasn't forced to open their sources.

      Again, no one cares if people use the code. People do care if users are misled into thinking they will be getting the benefits that they do from real OSS licenses.

      They chose to do so and the license terms are their business.

      And it is the OSS communities business and right to publicize and make clear the differences and dangers involved in buying/using MS's products so licensed. It is also the business of the courts if that license happens to be illegal (antitrust abuse or false advertising).

    21. Re:A legitimate question by drsmithy · · Score: 1

      The GPL may have more restrictions than BSD, but the GPL itself doesn't take anything away [...]

      Practically speaking it does, due to the ludicrously wide definition of a "derivative work".

      The most obvious example of this is linking to shared libraries. If those shared libraries are GPLed - sorry, you're going to have to GPL your code as well[0]. Contrast this to the average "closed source" shared library, that requires nothing of the sort.

      [0] Or maybe you won't. It hasn't actually been tested in court yet as far as I know - but it's certainly not a risk any sane person would take.

    22. Re:A legitimate question by stonecypher · · Score: 1

      If you're preparing for troll and flamebait mods, then you probably at least have an inkling that your view is both inflammatory and reflects a poor understanding of those licenses as they are commonly used by the OSS community.
      Or expect that from others in combination with perjorative moderation. Believe it or not, someone can understand the issues involved and still disagree with you.
      --
      StoneCypher is Full of BS
    23. Re:A legitimate question by 99BottlesOfBeerInMyF · · Score: 1

      The GPL makes it essentially impossible to profit from your innovations without tying your code to some other non-GPLed products...

      Really, because pretty much every company I've ever worked at has profited from innovations we added to OSS code (often GPL). What you're missing is the business model of developers as a service.

      Heres a situation for you. I am hired to write innovative code by my company or as a contractor, because some user of GPL code wants that functionality. I write that code and give it to them. They pay me and in turn make money in their music distribution business using that code. I profited from innovation licensed under the GPL. They profited under code licensed under the GPL. Quite probably other people profited from code licensed under the GPL.

      *That* is why some people don't think it's the best thing since sliced bread. They want to make money selling software.

      The GPL is not the only way to make money creating and selling software. It is not the most profitable way all the time. To pretend it cannot be done, however, is to ignore a significant portion of today's software market.

      Even if you have some awesome idea for a piece of software that every man and his dog will want to use, and do 99% of the heavy lifting yourself, that 1% worth of boring, mundane crap you used GPL code for essentially brings the potential price for your software crashing down to roughly $0.

      Yeah, if you're locked into that business model and in that particular situation, then you screwed yourself choosing to use GPL code in the first place. Why not write the other 1% yourself instead of agreeing to swap your 99% of the code for that 1% work from others?

      That said, I've never known anyone stupid enough to put themselves in your hypothetical situation.

    24. Re:A legitimate question by Anonymous Coward · · Score: 0

      How is this any different than what GPL did to BSD?
      uh...
      maybe you should have read microsoft licences...
      lets see...
      gpl garants that derived works are gpl. same with ms-pl.
      gpl protects from patents threat both users and developers. ms-pl doesn'say anything about users. ( uh.. or does it mean that you can't sue just derived works??).
      gpl says anyone can use the program. ms-pl doesn't.
      gpl doesn't restict you to a specific platform. ms-lpl does, ms-pl doesn't.
      i can't understand if the complete derived work must be under ms-pl (or ms-lpl)or just the copied code. with ms-rl it's just the copied-code.
      no warranty _at_all_ in ms-pl. at least in gpl you can choose to give it.
      gpl states that it can not be modified at all. ms-pl, lpl ecc doesn't say anything.
      ecc.ecc...

      so... what's the difference??
      with bsd i couldn't control derived work, i couldn't control patents, anyone could take my work and do everything.
      with gpl i'm sure noone fools me.
      beside, ms-pl, -lpl, -rl and "Reference License" are a little too short for me...
      i mean... come on... 18 lines for a fscking license, including definitions? are you joking?
      how can you protect me completely in 18 lines (including definitions)??????????
      or am i mistaken? aren't these the licences?
      Ms-PL
      Ms-LPL
      Ms-RL
      Ms-Reference License

      Luke.

    25. Re:A legitimate question by 99BottlesOfBeerInMyF · · Score: 1

      Or expect that from others in combination with perjorative moderation. Believe it or not, someone can understand the issues involved and still disagree with you.

      Sure they can disagree with me. But claiming there is some conspiracy to mod down their opinions is a bit lame. Mostly people are modded down when they deserve it for bringing up the same factually incorrect or emotive view that has been discussed over and over again. For the most part people that bring up the moderation system are people either trying to manipulate it by so doing, or who are just upset that most people think they are not only wrong, but willfully so and refusing to bring logic or facts into their posts.

      Starting post by making claims about what the GPL "did" to the BSD license in some sort of anthropomorphism in conjunction with highly negative and opinionated descriptive terms (like 'draconian' and 'loudly tell') are very likely to get you modded down as a troll or flamebait. If your interest was not in eliciting a negative emotional response, there is no reason to use those specific terms. As such, the moderations seem fairly reasonable. The fact that you replied only to my brief comment on moderation while completely ignoring my lengthy discussion of the question you were supposedly interested in having answered, implies the same.

      Note: that doesn't mean the question is not a useful one to ask or answer, which is why I replied to it.

    26. Re:A legitimate question by Anonymous Coward · · Score: 0

      you obviously have never read neither ms-pl nor gpl license.

      ms-pl is mostly like a viral bsd.
      ms-lpl is the same, but only for microsoft.
      ms-pl is in no-way comparable to gpl. it's just the name that fools you. (sigh)

      gpl protect from patents. i read ms-pl, ms-lpl and ms-rl (you can do it too, those are the shortest license ever :) ), and it is not clear if it protects users from patents, or if it states that just derived works are protected from patents.

      i can't understand even if the derived work must be completely ms-pl or if it is sufficent just to release the code you copied in ms-pl.

      it seems to me that i can't sell support/warranties with ms-pl. why this? are they impling that opensource is absolutely not-commercial? ... those licenses leave too many open questions for me... just go read them:
      http://www.microsoft.com/resources/sharedsource/licensingbasics/publiclicense.mspx

    27. Re:A legitimate question by stonecypher · · Score: 1

      But claiming there is some conspiracy to mod down their opinions is a bit lame.
      I never made any such claim.

      All I said was that individuals with axes to grind would willfully ignore what those moderations meant in the desire to downplay things which went against their beliefs. It happens all the time, whether you want to face it or not, and it's much less common when you mention it. I wanted people to see what I had to say, so I mentioned it.

      Mostly people are modded down when they deserve it for bringing up the same factually incorrect or emotive view that has been discussed over and over again.
      This is a straw man, as I am not one of those people.

      For the most part people that bring up the moderation system are people either trying to manipulate it by so doing
      Yep. I brought up bad moderation in the effort to stave it off. Unfortunately I seem to have picked up a critic who's reading things that aren't there.

      Sometimes, you just can't get away from the loons on slashdot. :(

      Starting post by making claims about what the GPL "did" to the BSD license in some sort of anthropomorphism
      No. Go away.
      --
      StoneCypher is Full of BS
    28. Re:A legitimate question by Allador · · Score: 1

      Shared Source only benefits the author -- i.e., it exists to keep people locked in to the Windows OS and the Office office suite. Depends on which licenses you consider 'shared source' from MS.

      The MS-PL and MS-RL do not lock you into a platform. The 'L' versions of these do, by locking the licensed software onto windows.
    29. Re:A legitimate question by Allador · · Score: 1

      The shared source license is somewhat different in that the specific use case it is designed to solve is a marketing one, rather than a functional one. It is simply a way to provide a license that benefits the one and only developer at the expense of the user, by providing a very small subset of the benefits of other OSS licenses, while intentionally castrating the most important (but less understood) benefits. That is grossly inaccurate.

      The MS-RSL (reference source license) that they're using for .NET code now is infinitely better than it was before. I'm sure it helps MS in marketing and sales aspects, but the primary beneficiaries are developers. You can now see how they built the .net stuff, debug into .net source code to identify problems, etc.

      This is a huge thing, and a big win for .NET developers. To suggest that this only helps MS is absurd.

      And take all the MS-PL code on CodePlex.com. This doesnt help MS directly (though indirectly it does by enhancing the ecosystem), but its a huge win for any windows developer because there is SO MUCH code there that can be used. It's not as useful as Apache is for Java devs, but its heading strongly in that direction.

      Here's another case where the MS-PL is hugely (and directly) beneficial to the customers, and only beneficial to MS through indirections. Thats the great thing about these, they are win/win for both parties.

      And look at the MS-PL and MS-RL. The biggest difference between these and other typical FOSS licenses are the patent mutually-assured-destruction business. Basically its saying that if you sue the developer over patents, then you lose the right to use their software and any related patents. Thats eminently reasonable for a commercial entity.

    30. Re:A legitimate question by drsmithy · · Score: 1

      Really, because pretty much every company I've ever worked at has profited from innovations we added to OSS code (often GPL). What you're missing is the business model of developers as a service.

      No, I'm not missing it in the slightest. I'm *making* the point (which everyone going "GPL, rah, rah, rah" just quietly ignores) that you can't make money with GPLed software UNLESS you're going to tie your software to some other (non-GPLed, or equivalent) product or service (ie: "developers as a service").

      The GPL is not the only way to make money creating and selling software. It is not the most profitable way all the time. To pretend it cannot be done, however, is to ignore a significant portion of today's software market.

      Who is making money selling only GPLed software ? Not GPLed software tied to support contracts. Not GPLed software tied to hardware. Not dual-licensed software. Not "work for hire" that just happens to be GPLed. Just plain old GPLed software.

      Yeah, if you're locked into that business model and in that particular situation, then you screwed yourself choosing to use GPL code in the first place. Why not write the other 1% yourself instead of agreeing to swap your 99% of the code for that 1% work from others?

      I'm glad we agree that the GPL is not the best or only solution to software licensing. Baby steps. No we just have to convince all the other GPL zealots.

      That said, I've never known anyone stupid enough to put themselves in your hypothetical situation.

      Indeed, that's because they're so morally bankrupt they write closed-source code instead.

  10. Which means open source is gaining credibility by paratiritis · · Score: 1
    So companies, Microsoft included, will try to use the term but avoid the implicatioons for them.

    I guess it is up to the developers to choose their license, but in the end such schemes are doomed to failure. If you want real open source just ignore these projects.

    Which just goes to show, like the quoted article says, how right Stallman was for the freedom implications, but also how right Raymond was for the economic implications.

    If you don't want your project being used for these ends just use a licence with copyleft or share-alike (to use the Creative Commons term) provisions.

    1. Re:Which means open source is gaining credibility by AndGodSed · · Score: 1

      Yep, M$ decided if you can't beat 'em, imitate 'em, badly too... that draws more attention!

    2. Re:Which means open source is gaining credibility by yomegaman · · Score: 1

      Uh, they didn't use the term. If they were trying to confuse people, they would have called it "open source", but they didn't. I don't see what the problem is.

      --
      ...wearing a skin-tight topless leather jumpsuit, with cutaway buttocks and transparent crotch panel.
  11. Boycottnovell.com - See Microsoft's soiled panties by Anonymous Coward · · Score: 1, Informative

    The best news source I've found to keep up on Microsoft's latest bullshit is Boycott Novell:

    http://www.boycottnovell.com/

    It may say Novell in the title, but it's so much more. With all of the interesting news links Roy has been putting up in the last few weeks, it's beginning to look more important and better updated than most Linux news sites, and it doesn't look as horrible like a lot of the Linux news sites appear. I read Groklaw every day, and BoycottNovell comes in an easy second for the amount of information it packs.

  12. Microsoft is never going to be on-side by hyades1 · · Score: 2, Interesting

    Microsoft and Open Source are antithetical. Nobody with an ounce of common sense can have anything to do with them and not understand that there are going to be strings attached.

    Tune out what they say. Focus on what they are and what they do. Structure your involvement with them accordingly. End of story.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
    1. Re:Microsoft is never going to be on-side by DragonFodder · · Score: 1

      Absolutely agree with this. I suspect this "Shared Source" crap is a combination of their Extend and then Extinguish strategy.

      Picture a not too distant future, where an Open Source project gets shut down because some of the programmers working on it have viewed the "Shared Source" code. After viewing, they have made changes to their project code. Influenced maybe by what they read, then again, maybe not.

      MicroSoft then declares that the code embedded in this project is directly from the proprietary code and therefore invalidates the "open" stricture. Or demands them to pay up licensing.

      In any case, the project dies. Then this tainted project starts to kill any other project it has been included in.

      Don't call me paranoid, when they're really all out to get me.

      --
      Wherever you go... There you are. B.B.
    2. Re:Microsoft is never going to be on-side by _Sprocket_ · · Score: 1

      Tune out what they say. Focus on what they are and what they do. Structure your involvement with them accordingly. End of story. If you aren't a part of the conversation, you get no say. People do listen to Microsoft even if you don't want to.
    3. Re:Microsoft is never going to be on-side by shutdown+-p+now · · Score: 1

      Microsoft and Open Source are antithetical. Nobody with an ounce of common sense can have anything to do with them and not understand that there are going to be strings attached.
      Microsoft has released software under truly Open Source and Free Software licenses. With no strings attached. Really.

      Of course, we won't ever see Windows, or Office, or Visual Studio, released in such a way. MS is still a proprietary shop, and they don't hide the fact. But they do use FOSS licenses where they think that goodwill or market penetration is more important than immediate cash-in. It makes sense, too - MS is doing business, not fighting a holy war against FOSS. They ignore it where other models earn them more bucks, and use it where it makes sense to do so to ensure that they earn more bucks in the future. It's just business.

  13. MS and confusing names... by JetScootr · · Score: 1

    Flight Simulator; Windows; Office; Visual [anything]; Word; Internet Information Server; SQL Server; Works; Point Of Sale; Small Business Financials;
    Oh heck, go check yerself. I just stopped cuz I got tired of typing.
    MS has taken deliberate name confusion to a whole new logarithm level...

    --
    Pavlov wouldn't be so famous if he'd used a can opener instead of a bell.
    1. Re:MS and confusing names... by UnknowingFool · · Score: 1

      You forget PlaysForSure, squirting, Hotmail, MSN, Live Search. If you combine those: Live squirting MSN Hotmail Search PlaysForSure. Sounds like a kinky dating website to me. :P

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:MS and confusing names... by Anonymous Coward · · Score: 0

      If you find those names confusing, you're a complete idiot.

    3. Re:MS and confusing names... by apt-get+moo · · Score: 1

      It's true, while many companies do their best to prevent that their trademarks get genericized (e.g. like Adobe does with Photoshop), Microsoft seems to deliberately employ very basic and general terms, which on the other hand look as if they were standardized: New Technology File System, Common Internet File System, Graphics Device Interface, Office Open XML... oh wait, someone actually standardized this.

      --
      ...."Have you mooed today?"...
    4. Re:MS and confusing names... by Bert64 · · Score: 1

      To be fair, Hotmail existed before they bought it.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:MS and confusing names... by Anonymous Coward · · Score: 0

      What is confusing is Why Can't Other Companies Use Those Names. If I write AnonymousCoward Office Suite, MS will sue me. And win. So what's with using generaic naming and then trying to stop others from using the generic name?

      It is also confusing in that the naming doesn't add anything to the product: Windows. Well, it ain't a window, is it. Too generic name isn't memorable (unless, of course, you deny anyone else the option of using the name).

    6. Re:MS and confusing names... by JetScootr · · Score: 1

      No, I'm not. You apparently misunderstand what is meant by "confusing names". It refers to product names in the market place. Before MS pooped out "flight simulator", a gamer might talk about his favorite flight simulator game without his audience confusing the generic term with MS's product. Now however, others might be encouraged to buy the wrong product, unless the gamer is very careful to specify brand name.
      Of course, this answer is based on my assuming you're not just some flamebaiting idiot.

      --
      Pavlov wouldn't be so famous if he'd used a can opener instead of a bell.
  14. Re:Well... by ShieldW0lf · · Score: 1

    I could care less what Microsoft calls their "open" licenses. Wouldn't use any Microsoft license at all. Any tie to Microsoft is a tie they can and will exploit, a liability no one can really afford.

    The nice thing about this simple truth is, you don't really need to convince anyone. If someone is stupid enough to disagree, you can just go into business, eat half their lunch, watch MS eat the other half, and laugh yourself to sleep at night.

    --
    -1 Uncomfortable Truth
  15. Re:Well... by Anonymous Coward · · Score: 0

    I could care less what Microsoft calls their "open" licenses. Really? How much less could you care?
  16. Open Source vs Free Software by mlwmohawk · · Score: 1, Troll

    I'm sorry, but I'm a "Free Software" with "Free" meaning "Freedom" advocate. The "Open Source" advocates like ESR are idiots. "Open Source" is a trap. Just ask anyone about the IBM BIOS and "contamination," the tricks phoenix had to play to take an API set embodied in published source code (IBMs BIOS in the tech manual) and create an independent implementation of it.

    Having access to the source is "open" by any use of the english language, so Microsoft is correct when they say their "shared source" license is "open source," because the source is open for inspection, but that doesn't mean you are free to do anything with it.

    In fact, you are probably less free over all because if you sign the requisite EULAs to gain access, any knowledge you acquire from the source is tainted and you may find yourself a copyright infringer simply because you viewed the "shared source" and had the audacity to write code elsewhere that may have had similar applications. Which is, of course common, because people who have expertise in one area tend to be more valuable continuing.

    The "open source" movement without an expressed freedom to learn is a trap. ESR and their ilk are either too stupid to realize this or have an ulterior motive. Access to the source does not make better programs, freedom and collaboration does.

    1. Re:Open Source vs Free Software by maxume · · Score: 1

      Compartmentalization is just as much a problem when viewing GPL code. Viewing GPL code doesn't have any implications if you plan on releasing GPL code, but if you have some desire to release code that is not GPL, it seems to me that you need to be pretty careful about what GPL code you look at or you won't be able to cleanly separate what you are remembering from what you are creating (with the notion that something you remembered would probably be a derivative and thus should be subject to the terms of the GPL).

      It's not really a flaw of the licenses, viewing any code (except code that has extremely liberal reuse provisions, BSD, artistic licenses, etc.) has contamination implications.

      --
      Nerd rage is the funniest rage.
    2. Re:Open Source vs Free Software by mlwmohawk · · Score: 1

      Compartmentalization is just as much a problem when viewing GPL code. Viewing GPL code doesn't have any implications if you plan on releasing GPL code

      Then there really is no problem.

      Seriously, the "shared source" license is not generally public, you have to sign away certain rights to view it.

    3. Re:Open Source vs Free Software by maxume · · Score: 1

      Right, but it isn't clear (to me) that a person can view GPL code without giving up similar rights (because the GPL demands that derivatives be GPL licensed).

      So even if you come across some code and look at it before realizing it is GPL...

      --
      Nerd rage is the funniest rage.
    4. Re:Open Source vs Free Software by mlwmohawk · · Score: 1

      Right, but it isn't clear (to me) that a person can view GPL code without giving up similar rights (because the GPL demands that derivatives be GPL licensed).

      Then you haven't read the license or the supporting documents to it. Forgive me, but may I suggest that you read the GPL completely and opinions from RMS about what constitutes "derivative" work. Its pretty clear.

      I'm not saying you, but most of the people who oppose the GPL fall into two categories: (1) The people who think they should have the right take what other people have done or (2) people who only hear what people think that the GPL says.

      In a strict reading, the BSD license is just as restrictive as the GPL in some circumstances and certainly not as permissive as people tend to believe. The GPL is generally very liberal, the only areas where it is not is where ownership rights would be converted.

      GPL *is* the best license in which to develop free software for all to use and benefit.

    5. Re:Open Source vs Free Software by maxume · · Score: 1

      RMS's intent regarding what constitutes a derivative work doesn't really mean all that much in the event that a court disagrees. That's still an if as far as I know.

      And really, how else are we supposed to interpret 2.b?

      http://www.gnu.org/licenses/old-licenses/gpl-2.0.html

      I won't argue about whether that is restrictive or not, as that is largely a point of view thing, but it certainly has implications for someone who reads some GPL code and gets an idea from it.

      --
      Nerd rage is the funniest rage.
    6. Re:Open Source vs Free Software by mlwmohawk · · Score: 1

      RMS's intent regarding what constitutes a derivative work doesn't really mean all that much in the event that a court disagrees.

      This is not actually true in U.S. law. When contracts are interpreted by a court, the supporting documents and the "knowable" intent as obtained by supporting documents help the court interpret those parts for which there is a dispute. The court generally chooses the least restrictive interpretation.

    7. Re:Open Source vs Free Software by maxume · · Score: 1

      If we are going to carefully parse my words, we should carefully parse the statement "in the event that a court disagrees".

      I wasn't particularly aware of how a court would go about establishing the intent of a license, but the fact that they would probably read what RMS has to say doesn't actually mean that they would agree.

      --
      Nerd rage is the funniest rage.
    8. Re:Open Source vs Free Software by mlwmohawk · · Score: 1

      they would probably read what RMS has to say doesn't actually mean that they would agree.

      A court doesn't agree or disagree, it bases opinion on law. If I say the sky is bright green and you sign an agreement with me stating that for some compensation that you keep telling people you think it is green. It doesn't matter if the court thinks the sky is green or not. All that matters is whether or not you abide by the contract. If not, then you must refund some portion of the compensation TBD by the court.

      If a court rules about what "derivative" it will use RMS' supporting documents to do so and they won't award any more rights, only fewer. Just like the term " separation of church and state" is not in the constitution, but in documents and letters which show Thomas Jefferson's intentions were a "wall of separation between church and state," when he authored the first amendment.

  17. This is kind of stupid by zappepcs · · Score: 1

    Yes, using the word source makes it sound the same, but the options for other words are rather limited. Shared Code? MS LBDTL (look but don't touch license)... really, pretty limited. Think about it, MS has not been all that inventive when it comes to product names.

    On the other hand how is anyone supposed to feel empathy for a Gorilla who has been throwing (chairs) excrement through the bars at customers for years?

    Can you say Lindow? http://www.google.com/search?hl=en&output=googleabout&btnG=Search+our+site&q=microsoft%20lindows

    and can you say Mike Rowe?
    http://www.google.com/search?hl=en&output=googleabout&btnG=Search+our+site&q=microsoft%20mike%20rowe%20soft

    Do I need to mention more?

    At this point, Vista nearly finished swirling down the drain, XP SP3 going over like a lead balloon, now this? The bigger they are, the harder they fall, and I guess in this case it's going to take quite a while for the falling part to finish. Falling? Failing? hmmmmm

    Yes, MS fanboi, before you finish off that cup of coolaid and reply to my post, think about the marketing blunders, product disappointments, and plain bad business moves made by MS THIS YEAR ALONE and tell me you still love the company that is MS?

  18. Re:Well... by Anonymous Coward · · Score: 0

    The phrase is "couldn't care less", as in the level of caring is at the lowest possible. You just said that you do care, because if you could care less, you must already care in the first place.

  19. Tomato ... Tomaaato by kcdoodle · · Score: 1

    MS can call their licenses anything they want.

    I wouldn't touch their code with a 10 meter pole.
    Don't wanna see it. Don't wanna run it. Don't care what license it has.

    It is already tainted. I am not about to do the work of testing, cleaning and documenting MS code so they can turn around and charge me for my efforts.

    --

    - I live the greatest adventure anyone could possibly desire. - Tosk the Hunted
  20. Re:Well... by Anonymous Coward · · Score: 0

    Its 'couldn't care less' not 'could care less'.

  21. Re:Well... by ScentCone · · Score: 1

    Really? How much less could you care?

    I couldn't care less how much less he could care. Because here he is bitching about licensing issues in a thread that's all about splitting hairs over the use of the words "shared" and "open." And amidst all of that fussing over word definitions, he sees fit to say the exact opposite of what he actually means, by leaving out the negative. I suppose, to someone who doesn't actually think about the words he uses, and simply does a phonetic regurgitation, minus an important syllabile or two, of a phrase he hears regularly - without a care about the fact that doing so alters the meaning of the sentence - that it's perfectly normal to also just mindlessly parrot Teh Eevil Microsoft mantra. Hey, once you stop caring about whether the sounds that come out of your mouth actually represent your thoughts (or mean anything at all), then it probably is easier just to fall back on the group think and repeat whatever you last heard.

    --
    Don't disappoint your bird dog. Go to the range.
  22. GPL is an easy decision... by IGnatius+T+Foobar · · Score: 4, Insightful

    It's very easy to see why the GPL is the very best license to choose for a FOSS project. Quite simply, it is the license that Microsoft abhors the most. The very mention of its name sends Microsoft people into foaming fits of anger.

    From this, we may safely draw the conclusion that Microsoft has done a lot of research, with a lot of lawyers, and they've determined that the GPL represents the biggest threat to their revenue model. And what's bad for Microsoft is generally good for everyone else. So if you're going to develop FOSS, the GPL is the obvious safe choice.

    --
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    1. Re:GPL is an easy decision... by the_brobdingnagian · · Score: 2, Insightful

      Who would choose a licence based on how much Microsoft dislikes it? I prefer to choose a licence based on the contents of the licence and how they fit the project. Just ignore Mirosoft and write/use the best open source software you can.

    2. Re:GPL is an easy decision... by nuzak · · Score: 2, Funny

      > The very mention of its name sends Microsoft people into foaming fits of anger.

      The only frothing I see here is from those driven to apoplexy at the term "Open Source" instead of "Free Software".

      --
      Done with slashdot, done with nerds, getting a life.
    3. Re:GPL is an easy decision... by drsmithy · · Score: 1

      From this, we may safely draw the conclusion that Microsoft has done a lot of research, with a lot of lawyers, and they've determined that the GPL represents the biggest threat to their revenue model. And what's bad for Microsoft is generally good for everyone else. So if you're going to develop FOSS, the GPL is the obvious safe choice.

      The GPL represents a threat to anyone who wants to sell software. Microsoft are hardly alone in this.

    4. Re:GPL is an easy decision... by miffo.swe · · Score: 1

      "Who would choose a licence based on how much Microsoft dislikes it?"

      Because the most likely entity that will smite you if you becomes successful with any open source project is Microsoft, thats why. The GPL is something they cant easily get around.

      To put it the other way, would you rather choose a license that Microsoft likes, knowing that they would love nothing better than to take your code, thumb their nose and make it incompatible with all the work you just put into it, then sell it back to you for a hefty license?

      --
      HTTP/1.1 400
  23. Re:Well... by grahamd0 · · Score: 1

    Any tie to Microsoft is a tie they can and will exploit, a liability no one can really afford.

    I agree with the first part of that sentence, but not the second.

    Many organizations, both large and small, can afford to deal with Microsoft, and in fact make huge profits doing so.

    If that were true, why are so many people makeing ASP.NET websites? Why are so many companies successfully running Exchange servers?

    I don't like working with Microsoft software any more than you do (well, maybe a *little* more, windows 2000/XP don't really bother me), but obviously it works out for a lot of people.

  24. Dont Use Microsoft by Anonymous Coward · · Score: 1, Insightful

    How does Microsoft's license "hijack" FOSS? It would only be hijacking if they forced you to use their code, thereby encumbering yourself with their license.

    If you don't like the Microsoft's license, don't use Microsoft's code. Simple.

    1. Re:Dont Use Microsoft by 99BottlesOfBeerInMyF · · Score: 1

      How does Microsoft's license "hijack" FOSS? It would only be hijacking if they forced you to use their code, thereby encumbering yourself with their license.

      You're misunderstanding the application of the term "hijack." In this case it is used to allude to MS trying to capitalize upon the "brand" that is OSS, by creating something confusingly similar. Suppose some scientists were to come up with a way to use carbon nano fibers to create stronger and lighter automotive frames. Some auto makers jumped on this and the technology came to be known popularly as carbontech cars. Now a lot of people understood that these cars were better and sort of understood why in that they were lighter and hence provided better gas mileage and did not rust. They didn't really understand the benefits of tensile strength and deformability nor how much these frames cost the companies to make.

      Now imagine some other company came along and started selling cars with traditional frames, which they coated with a carbon rust protection and which they stripped down to reduce the weight (and strength). Suppose they further sold these as "carbon science" cars. This was both misleading and was "hijacking" the popularity of real carbontech in the minds of buyers. Because both technologies really do utilize carbon, it makes it even more confusing, since people don't understand it is the nano-tech application of carbon that is the benefit, not just carbon itself.

      MS is trying to capitalize upon the well known but poorly understood benefits of OSS without actually providing those benefits.

  25. Microsoft is Clever by 99BottlesOfBeerInMyF · · Score: 3, Insightful

    No really, they were very clever in both creating and naming these licenses. You see most people who have heard of open source software don't understand why it is beneficial. They have, at this point, some vague idea that it is beneficial, but do not understand the mechanism. If you sit down with someone and explain the benefits of open source code the normal topics to discuss are: security and cost. The most easily explained reasons for why open source is cheaper is that people can look at the code and donate improvements, lowering the cost. The most easily explained reason why it is more secure is that people can look at the code and find security holes themselves, thus providing a more extensive security audit. You'll note I said those were the most easily explained mechanisms, that by no means makes them the most potent mechanisms.

    So when someone is making a purchasing decision, MS an trot out shared source (which the purchaser does not understand) in comparison to open source (which the purchaser does not understand). They can explain how both those two, most common talking points from the OSS crowd are taken care of, and thus get a sale. They don't explain the more important aspects of OSS or how those benefits are not the same, but not even all OSS advocates understand them either and they certainly aren't going to try to explain them to a PHB. So when you tell the boss OSS will save them money; they ask how. You tell them there is no up front license fee and a lot of the code is donated for free. MS tells them the same thing about shared source (which sounds oh so similar). You probably don't bother explaining to them how the GPL works to insure contributions from everyone are available to all nor how it allows you to take avoid vendor lock-in and take competitive bids on improvements, resulting in lower ongoing costs... because those things take significant understanding and most people don't want to put that much effort in.

    Basically, "Shared source" is just MS's way of providing something that looks like OSS enough to fool people who don't really understand how OSS works and they have named it in such a way that is does, sort of, describe what it is and what most people think OSS is. It is just MS removing the most beneficial features for the actual user (but which would cost MS money) and trying to pass it of as the genuine article to anyone gullible enough. And there are a lot of people gullible enough.

    1. Re:Microsoft is Clever by chriseyre2000 · · Score: 1

      The odd thing is that Borland had been doing this for years with Delphi's VCL. They did not need a new licence that only allows reading the code - copyright was enough for them and should have been enough for Microsoft. It was this openness in the code than allowed a lively third party market for feature rich add-ons (it is much easier to expand something if you can see the entire inner workings).

      It would appear that the new licence only exists to muddy the open source waters.

    2. Re:Microsoft is Clever by Anonymous Coward · · Score: 0

      "The odd thing is that Borland had been doing this for years with Delphi's VCL. They did not need a new licence that only allows reading the code - copyright was enough for them and should have been enough for Microsoft." [sic]

      I think Borland is the crazy one here. What happen when congress finally does change copyright law (like we all seem to say they should)and suddenly what Borland relied on instead of a license to protect their code is no longer valid. Suddenly people have rights to their code beyond what was originally intended.

      Had they created a license that said that and no more, copyright law changing would have had no effect.

      Maybe Microsoft sees copyright law change coming.

    3. Re:Microsoft is Clever by Anonymous Coward · · Score: 0

      Basically, "Windows" is just MS's way of providing something that looks like an OS enough to fool people who don't really understand how an OS works and they have named it in such a way that is does, sort of, describe what it is and what most people think an OS is. It is just MS removing the most beneficial features for the actual user (but which would cost MS money) and trying to pass it of as the genuine article to anyone gullible enough. And there are a lot of people gullible enough.

      there, fixed it for you.

    4. Re:Microsoft is Clever by I'm+Don+Giovanni · · Score: 1

      Actually, Microsoft's OSI licenses originally had different names, and OSI requested Microsoft rename them during the OSI approval process. The current names are OSI's doing.

      And please, these licenses are very short (much shorter than GPL) and are easy to understand (unlike GPL). If a dev can't tell the the difference between Ms-RL and Ms-LRL (the example used in the summary), even though both are only 3 paragraphs long, it's clear what the difference is, and Microsoft makes it clear which is OSI-approved and which is not, then he's an idiot to begin with. Nobody is going to be confused by these licenses.

      --
      -- "I never gave these stories much credence." - HAL 9000
    5. Re:Microsoft is Clever by 99BottlesOfBeerInMyF · · Score: 1

      Actually, Microsoft's OSI licenses originally had different names, and OSI requested Microsoft rename them during the OSI approval process. The current names are OSI's doing.

      When was the last time you heard an MS representative touting the benefits of the MS-RSL? Microsoft uses the term "shared source" in all their marketing literature and (as far as I know) the OSI had nothing to do with coining that term.

      And please, these licenses are very short (much shorter than GPL) and are easy to understand (unlike GPL). If a dev can't tell the the difference between Ms-RL and Ms-LRL (the example used in the summary), even though both are only 3 paragraphs long, it's clear what the difference is, and Microsoft makes it clear which is OSI-approved and which is not, then he's an idiot to begin with. Nobody is going to be confused by these licenses.

      You completely misunderstand who this is targeting. Developers may not be confused, but I doubt anyone but MS and a few partners will ever release anything under them. This is about confusing software purchasers. It is about convincing big adopters of some OS or server or application that MS's offerings will bring them the same benefits as code licensed under the GPL. Most purchasing agents and decision makers have only a vague idea of what benefits the GPL brings (security, cost) and even less understanding of how the license brings about those benefits.

      Shared source is simply MS business as usual. It is the same as creating a format called 'Office Open XML' to describe a format specifically licensed in such a way as to remove most of the benefits brought about by truly open and free formats. They provide the appearance without the actual substance and try to confuse purchasers into not understanding the difference. It also allows public sector individuals plausible deniability. Sure we went with IIS, but we have a shared source license, so we get just the same security as Apache gets from the Apache license. It sounds plausible enough to the average voter or review board, or plausible enough so you don't get fired and your reelection coffers are now magically full.

    6. Re:Microsoft is Clever by random0xff · · Score: 1

      You probably don't bother explaining to them how the GPL works to insure contributions from everyone are available to all nor how it allows you to take avoid vendor lock-in and take competitive bids on improvements, resulting in lower ongoing costs... because those things take significant understanding and most people don't want to put that much effort in. My boss understands very well what vendor lock in is, after upgrading to Adobe CS3 with higher prices than ever before, incompatibility with previous version so the whole company has to upgrade etc. That doesn't need explaining at all.
  26. Why is this filed under "Linux"? by Bootarn · · Score: 3, Insightful

    Linux is Open Source, but Open Source isn't Linux.

  27. The GPL does not restrict Users at all by FreeUser · · Score: 4, Informative

    Rising to the bait, GPL's restrictions act to restrict the current user in order to the benefit the community.

    Ahem. Just a little nit to pick: the GPL does not restrict users in any way. It "restricts" (if that's the term) distributors and developers, in that it requires them to make the source code available to anyone they distribute to, upon request. Like a constitution, it enshrines the rights of users, coders, and everyone else by defining their rights and prohibiting actions taken to infringe on those rights.

    Microsoft's restrictions benefit, well, Microsoft. That is, the original developer. Not the community, not the current user. Nobody else.

    This seems like a pretty important distinction.


    You're right, it's an extremely important distinction, not unlike the distinction between your run-of-the-mill business contract and the US Constitution or the British Magna Carta.

    --
    The Future of Human Evolution: Autonomy
    1. Re:The GPL does not restrict Users at all by adpsimpson · · Score: 1

      the GPL does not restrict users in any way. It "restricts" (if that's the term) distributors and developers, in that it requires them to make the source code available to anyone they distribute to, upon request.

      Fair point - I had meant 'users' as in the users of the source code, which includes both distributors and end users. And I believe 'restrict' is the correct term, in the same way that I am restricted by whatever law system I live under - without it life would be pretty miserable, but it still 'restricts' my immediate freedoms to do whatever the heck I like.

      Software end users are of course not restricted by the source code licencing at the point of using the software. They may be restricted at the point of wishing to become developers or distributors.

      --
      Is crushing a suspect's child's testicles illegal?
      John Yoo: "No, [if] the President thinks he needs to do that."
    2. Re:The GPL does not restrict Users at all by Anonymous Coward · · Score: 0

      For certain definitions of "use" this is true. I as a developer use 3rd party libraries to develop a new program. That does not make me a user in your definition. But that is one of the main issues of the FSF, they just redefine words and try to push that onto the people. See all the topics about what "open source" means. In my opinion this is in no way better than the confusion that Microsoft adds with its "shared source" licenses. The FSF started the whole mess.

    3. Re:The GPL does not restrict Users at all by jedidiah · · Score: 1

      No, the FSF doesn't just "push that onto the people". What you're really
      upset about is the fact that FSF won the mindshare. People chose the FSF
      approach over the one you advocate. Given a situation where the non-FSF
      types had a considerable head start and advantage, the BSDs and the BSDls
      still came out on the bottom.

      Compared to what else was built along with "the whole mess", a little
      license confusion and conflict is not so bad.

      RMS rightfully realized that for most of us the definition of "user"
      does not include people who want to make minor changes and then treat
      the resulting code or binaries as their exclusive personal property.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:The GPL does not restrict Users at all by Anonymous Coward · · Score: 0

      Which aproach did I advocate?

  28. CORRECTION by drinkypoo · · Score: 1

    I wrote that the trademark application was formerly denied. It was not; it was withdrawn. I wrote the node in stream-of-consciousness fashion and when I came back to edit it for posting I missed this edit and clicked the button too quickly. It's always embarrassing to make an error in bold print.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  29. Re:No One Cares About Your Opinion by Ex-MislTech · · Score: 1, Interesting

    It is not about belief, it is about Anti-competitive behavior.

    M$ has bought off Novell, and plans much worse than what we
    are seeing here.

    This is just the tip of the Iceberg.

    http://blogs.zdnet.com/Gardner/index.php?p=2369

    An old Adage, Evil is as Evil does.

    --
    google "32 trillion offshore needs IRS attention"
  30. EU, not FOSS, is the driving force by scrib · · Score: 2, Informative

    I don't think Microsoft is providing access to source code as a way to combat FOSS, but as a way to attempt to comply with an EU antitrust ruling.

    Truly "Open Source" licenses may be part of the plan, but the real reason they are exposing source is so that developers of products that compete with MS products like Word or Excel aren't at a competitive disadvantage that could result in expensive lawsuits.

    I don't think MS is trying to be confusing (this time). I think the confusion is a side effect of a large, complex corporate entity based on closed source proprietary software trying to expose the minimum required to pass legal muster. It's not FOSS and it's not pretending to be. Do you expect something simple and concise when they mix EU law with a giant US corporation?

    --
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  31. "Read". How come that's acceptable? by Anonymous Coward · · Score: 0

    When BSD proponents say "ah, but GPL ISN'T 'free' because I'm told what I can't do with it".

    Or MS hopefuls saying "The GPL is like our EULA's because it doesn't let you use the program".

    That sort of "read" isn't what "read" a computer program would mean. I.e. can I compile the source and affirm that source is what is producing the binary? That sort of "read" is "read like a book". And software isn't a book.

  32. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  33. Is Microsoft behind this site, too? by Anonymous Coward · · Score: 0

    Is MS running Lindependence 2008? It sounds like it, if they're charging Linux distros a fee to install their distro at their installfest.

  34. It's all about undermining open source by argent · · Score: 1

    Microsoft was doing this long before the ruling you're pointing to: the history of their "shared source" initiative is full of explicit statements by Microsoft that indicate this is their response to "open source", and that "shared source" is a "better" model because people "really" don't want to modify the code, they just want to read it.

    More recently Bill Gates was quoted as saying that giving away demo copies was "free software" and that "open source" meant you HAD to give away the source (ie, the GPL), and that the alternative to this was "shared source".

    So, yes, they absolutely are trying to be confusing. They were even more confusing before they renamed some of their licenses to get them certified as Open Source.

    And they really *are* being confusing. I've run into people from all sides of the open source issue, including people arguing for the GPL, confusing open source and "shared source".

    It's not FOSS, but it *is* pretending to be.

  35. Shades of studpidity by malevolentjelly · · Score: 4, Insightful

    I've always heard the FOSS debate having something to do with the technical merits of being able to modify and view your source code for security or customization purposes. Even if it's platform-locked, this still applies to that general principle.

    But there are shades of madness in the open source community- once Microsoft fulfills the realistic argument for why you need the source code, suddenly it's not about actually having the source code. No- it's about porting it to linux and refusing to maintain it for windows, nay- FREEDOM. It's about some sort of weird ideal defined by Stallman, whose primary argument seems to remain that he doesn't like that things cost money or that there's a software industry hustling and bustling out there that he's not qualified to participate in.

    Suddenly it's no longer "you need the source code to make use of the product" but it's evolved into "I deleted the wifi firmware on my laptop because it wasn't free. Now I use a wire."

    Since the slashdot zealot crowd has so many shades of open source mania, it doesn't matter what microsoft will do. Here is my slashdot zeitgeist by MS license-use prediction:

    MS LRL: It's bad because it forces you to use code written FOR windows on windows.

    Ms-RL: It's bad because it's not abstractly free in Stallman's imagination.

    GPL: It's bad because it's Microsoft, and they're planning something.

    BSD: They're just going to make us so we're dependent on it then they're going to sue everybody and everything will far apart. I was abused as a child and have trust issues.

    MIT: The world is going to end and we need to resort to cannibalism immediately.

    My personal thought about this is that the Shared Source license is a way for Microsoft to make use of open source in some applicable categories without having their code licensed under something that is controlled by an organization of wingnuts, like the FSF. Thus, they could release their code under the GPL, but then Stallman will just draft a GPLv4 that says whoever uses the license needs to release the source code to Windows if they are called "Microsoft", which is basically like what the GPLv3 did to Novell. Stallman and his nimrods will cook licenses that include bitter little addendums to address contemporary issues that put his panties in a knot, because suddenly Stallman has the say in how people use Linux.

    This is the same reason that Monsanto doesn't use Earth First! to handle their marketing and to distribute their products to grociers. If Microsoft goes open source, they need to have the assurance that the license is under their terms otherwise their shareholders might get nervous that they're putting some maniac activist organization in control of their distribution rights. There's no reason to do that unless Windows is squarely defeated in the market by open source alternatives.

    Could you imagine how many windows clones would show up overnight? It would be a disaster for their platform and company. They're currently in a state where they can sell their platform for large amounts of money. They won't give that up because it angers a fringe of developers whose religion is FOSS-- they'll only do it if there's no other way to make money.

    1. Re:Shades of studpidity by 99BottlesOfBeerInMyF · · Score: 4, Informative

      I've always heard the FOSS debate having something to do with the technical merits of being able to modify and view your source code for security or customization purposes. Even if it's platform-locked, this still applies to that general principle.

      OSS is a series of development methodologies and business strategies. They result in both real technical benefits and financial and flexibility benefits. Removing the ability of the developer to lock you into a format or platform or product is one of the main benefits. A license that removes that ability has removed one of the main benefits.

      But there are shades of madness in the open source community- once Microsoft fulfills the realistic argument for why you need the source code, suddenly it's not about actually having the source code.

      People with a very superficial understanding of the benefits of OSS would think MS's shared source license provide those same benefits. This is not a coincidence. That is what MS's licenses were designed to do, provide not the most important benefits of OSS, but the benefits most understood by purchasers. It is basically marketing.

      No- it's about porting it to linux and refusing to maintain it for windows, nay- FREEDOM. It's about some sort of weird ideal defined by Stallman, whose primary argument seems to remain that he doesn't like that things cost money or that there's a software industry hustling and bustling out there that he's not qualified to participate in. Suddenly it's no longer "you need the source code to make use of the product" but it's evolved into "I deleted the wifi firmware on my laptop because it wasn't free. Now I use a wire."

      Strawman. Quote people who have actually made those arguments here and been modded up if you want this to be taken seriously.

      Since the slashdot zealot crowd has so many shades of open source mania, it doesn't matter what microsoft will do.

      In terms of licensing, MS can adopt GPLv3 for a significant amount of the code they release and then abide by the terms of that license long enough to develop a history of good behavior. That would satisfy most Slashdotters in terms of licensing and if their shared source licenses really bring the same benefits to users, why wouldn't they do this? [Note: the last comment was rhetorical.]

      At this point in your rant, you seem to go into a lot of hypothetical and inflammatory ranting. I'll address a few points deserving of it, but I'm not going to try to address your random speculation about what you assume people here on Slashdot would say in some hypothetical situation.

      My personal thought about this is that the Shared Source license is a way for Microsoft to make use of open source in some applicable categories without having their code licensed under something that is controlled by an organization of wingnuts, like the FSF.

      The Free software foundation doesn't somehow magically have any more rights to or control of GPL'd code than anyone else. The point of the GPL is to release some of the rights to users and other developers in order to provide them with benefit. MS's shared source licenses do that, just in a very, very, very limited way designed to capitalize on misunderstandings of those users. It's like motorcycle manufacturer realizing that most people think CC of displacement necessarily indicates the power of a bike and so creating a bike engine that displaces a lot of area to capitalize on that misunderstanding without bringing many of the real benefits users want.

      Thus, they could release their code under the GPL, but then Stallman will just draft a GPLv4 that says whoever uses the license needs to release the source code to Windows if they are called "Microsoft", which is basically like what the GPLv3 did to Novell.

      That is complete bullshit. First, just because Stallman writes a GPL4, doesn't mean MS would have to switch to it. Second

    2. Re:Shades of studpidity by malevolentjelly · · Score: 1
      Hey, this argument looks familiar...

      Find and replace:

      OSS with Scientology

      Stallman with L Ron Hubbard

      Free Software with Religious Technology

      Oh, it's a religious argument. Basically, you just continuously talked up the GPL, called all my quotes inflammatory and hypothetical, and then talked down the MS-RL. It's all very redundant. I just read an article by an OSS zealot and now I have one responding to my comment. Wonderful.

      Suddenly it's no longer "you need the source code to make use of the product" but it's evolved into "I deleted the wifi firmware on my laptop because it wasn't free. Now I use a wire."

      That's a paraphrase of Stallman in reference to his OLPC. It represents when your feelings on software go from being business oriented to religious. The FSF in a Pythagorean cult.

      The primary point is that these licenses don't allow for capitalism to take their course- in reality, open source software vs. closed source is a fair fight. Microsoft can not hinder the market because if a superior product existed, it would win. That's why silverlight can't be flash, or XPS can't beat PDF, or Expression can't beat Illustrator. This is why Apple gains market share. This is why Red Hat servers are becoming more and more common.

      In general, Free Software needs to win before it wins- we can't just convert the closed source model into free software and then call it a victory- that's a pipe dream, it won't help competition, it will just remove Microsoft from the picture.

      I would argue that Microsoft's dominance is currently driving innovation in the open source sphere. Without it, Sun and IBM and Novell would have no reason to sink money into free products. Canonical would not spend money mailing you Ubuntu. It's what's making the linux desktop. Without Microsoft and Apple dominating, we would be stagnating in Unix limbo, as we did before the desktop boom.

      If you think that the FSF is not just arbitrarily anti-Microsoft, then you are illiterate. I'm yet to hear this kind of decry against Adobe or Corel or Oracle.

      This is all an argument against the innovation of open source. Simply cutting Microsoft out of the picture or swallowing their technologies is the easiest way for Open Source developers to compete, but the reality remains that competing with Microsoft and Apple will take time, money, and resources- and that's capitalism in a nutshell.

    3. Re:Shades of studpidity by SEMW · · Score: 1

      People with a very superficial understanding of the benefits of OSS would think MS's shared source license provide those same benefits Nice subtle strawman. The GP didn't mention the shared source license, the MS licenses s/he talked about were the MS-RL and the MS-LRL; if you're comment were to be applied to the former of those (& the MS-PL as well), the "people with a very superficial understanding of the benefits of OSS" would then apparently include the OSI and FSF's lawyers...
      --
      What's purple and commutes? An Abelian grape.
    4. Re:Shades of studpidity by 99BottlesOfBeerInMyF · · Score: 1

      Nice subtle strawman.

      I don't believe you know what a strawman argument is.

      The GP didn't mention the shared source license, the MS licenses s/he talked about were the MS-RL and the MS-LRL;

      Umm, both of those licenses are ones MS refers to as "shared source" licenses along with MS-PL, MS-RSL, and MS-LPL. You seem a bit misinformed.

      if you're[sic] comment were to be applied to the former of those (& the MS-PL as well), the "people with a very superficial understanding of the benefits of OSS" would then apparently include the OSI and FSF's lawyers...

      I don't even understand what you're trying to say with this garbled mess. If you disagree with one of my comments, cite it and explain how you think it is wrong.

      Traditional OSS licenses have very well understood benefits among developers, and less so among business people. For example, most people know it can save them money, but they don't know it does this partly via the mechanism of allowing for competitive bids for future work.

      So, for example, a GPL'd program your company adopted needs to interoperate with Blakberries which some of your employees are using. With the GPL you can take bids from several different companies to create said software, using the source code fro the GPL's software to understand how it needs to be done. Because you can get several companies to bid against one another, you end up paying less.

      Imagine if, instead, your company had adopted code under the MS-LRL license. Because the new work you need done needs to run on a blackberry, you have no right to view the code for the purpose of creating an interoperable solution. As a result you must go back to the original copyright holder and get their permission to view the code for that purpose (likely paying a fee) or contract only that company to do the work, thus not getting bids from others and not saving money.

      Because most users don't understand this mechanism by which the GPL saves them money, they don't consider it when considering a GPL versus a MS-LRL product initially and hence may just assume the MS-LRL product will bring them the same level of cost saving s in the future as the GPL'd program.

    5. Re:Shades of studpidity by 99BottlesOfBeerInMyF · · Score: 1

      Hey, this argument looks familiar... Find and replace: OSS with Scientology Stallman with L Ron Hubbard

      Congratulations. This is the logical fallacy "argument by association" or would be if it was coherent enough to even be such flawed rhetoric.

      Basically, you just continuously talked up the GPL, called all my quotes inflammatory and hypothetical,

      Umm, I was referring to a whole section you referred to as "predictions." I'd say that is a bit hypothetical. You were postulating what you think people would say in response to something that has not yet happened.

      Also didn't just talk up the GPL. Unlike you I addressed very specific points from your post including a quotation of your assertion before each point. If you cannot rebut my points that is fine, but ignoring them is certainly not the same thing. Weak man.

      I just read an article by an OSS zealot and now I have one responding to my comment. Wonderful.

      I'm not an OSS zealot. I've developed both OSS and closed source projects and recognize that each has their place. I use both open and closed source software daily, including MS software.

      Here's an idea, if you don't like people tearing apart your weak and illogical arguments and pointing out your incorrect facts, you could inform yourself and start using logic.

    6. Re:Shades of studpidity by malevolentjelly · · Score: 1

      Here's an idea, if you don't like people tearing apart your weak and illogical arguments and pointing out your incorrect facts, you could inform yourself and start using logic. Incorrect facts? Well, Captain of the debate team, here I thought my post was editorial. I preface what I say with "i think" and "I feel". It's not like I hate open source or anything, I just don't like it when software becomes religious. In my opinion, I should be able to say that something works or does not work without some ass harping on me about what is free and not free. It's free if I don't pay money for it.

      And I'm tired of free software advocates' make-believe capitalism. It's capitalism if they're making the most money. Microsoft spends the most and makes the most. Capitalist? Yep. If capitalism were in play in free software, Linus would have been replaced by someone who's more qualified (working on the kernel, but not the lead) and Stallman would be fired for not doing anything.

      As far as I'm concerned, the linux kernel and much of free software works like the slashdot meta-moderation: it's a goddamn popularity contest. I think it's more cult developed than community developed.

    7. Re:Shades of studpidity by shutdown+-p+now · · Score: 2, Insightful

      That would satisfy most Slashdotters in terms of licensing
      To be honest, there's always a (very vocal) minority that's not going to be satisfied by anything other than auto-da-fe involving heaps of Windows CDs, and Gates and Ballmer themselves at the stake.
    8. Re:Shades of studpidity by 99BottlesOfBeerInMyF · · Score: 1

      Incorrect facts? Well, Captain of the debate team, here I thought my post was editorial.

      As if an editorial citing incorrect facts is any better than any other type of misinformed tripe. (P.S. I never took debate, I just read what should be the Greek and Latin texts on logic and reason that should IMHO be required reading for high school students.)

      I preface what I say with "i think" and "I feel".

      Okay. That doesn't make your thoughts logical or your feelings justified. It also doesn't make them valuable commentary. If you don't want people pointing out your illogical thought processes and incorrect facts, why don't you write them in your diary instead of a public discussion forum?

      It's not like I hate open source or anything, I just don't like it when software becomes religious.

      Describing OSS as religious, is sort of a joke. I presented logic and reason, which is about as far from religion as you can get. Your "feelings" are a lot closer to religion than anything I presented.

      In my opinion, I should be able to say that something works or does not work without some ass harping on me about what is free and not free.

      No one was discussing what works or does not. Rather we were discussing how things work and what works best. The license affects the ongoing use of software and is a very valid consideration when deciding if something works and how well.

      It's free if I don't pay money for it.

      If I were to ambush you and toss you in a cage would you be free so long as I did not pay for you? The word "free" has multiple meanings. Something can be both free and not free at the same time as a result.

      And I'm tired of free software advocates' make-believe capitalism.

      Oh boy. I'm just going to savor the anticipation of your upcoming poorly educated and thought out views on economics for a moment here.

      It's capitalism if they're making the most money.

      Ha! No really, it isn't. Capitalism in general terms is private instead of government or secular control of trade. In economic terms, it means competition in a free and level market.

      Microsoft spends the most and makes the most. Capitalist? Yep.

      So if I were to spend more money than a competitor and had arsonist burn down all their facilities I'd just be a capitalist huh? What an, umm, interesting view of capitalism. Tell me, in your version of capitalism, is capitalism supposed to be a good thing or beneficial to society?

      If capitalism were in play in free software, Linus would have been replaced by someone who's more qualified (working on the kernel, but not the lead) and Stallman would be fired for not doing anything.

      In real capitalism, OSS is an innovation. It is basically capitalism working around the broken and non-free software industry which is anti-capitalist (in economic terms) by being government restricted via IP laws, and riddled with markets undermined by monopolies and trusts. Capitalism is of benefit to society because it leads to innovation, efficiency, and lower costs. OSS has some of the lowest margins of any business model undercutting even the cheapest closed source models, thus being more efficient and lowering costs. Your lack of understanding of economics notwithstanding.

      As far as I'm concerned, the linux kernel and much of free software works like the slashdot meta-moderation: it's a goddamn popularity contest.

      A free market is a popularity contest where consumers decide what is best. But free software in general is big business and profitable to boot. You don't think Linus works for free do you?

    9. Re:Shades of studpidity by fritsd · · Score: 1
      O RLY? My personal thought about this is that you're setting up ENEMY straw-men, and then eloquently DESTROY them.

      Lemme give you an anecdote: fifteen years ago, I received a proprietary program that I used in a research project. It was written for a slightly different architecture, but because I found out that I only had to MODIFY a few low-level C I/O routines in the SOURCE, we could use it on our SGI Indy & spent about a CPU-year using that program to do our calculations. Great success!

      The point is, that having access to the source, but not explicitly the right to modify it to suit whatever workstation you have available for your work, is often useless, both in an open source context or in an (effectively) closed-source context.

      So, if I understand correctly, if this particular program had been licensed under the Ms-RL license I would have had the same freedom (and then some, because it's apparently an open source license), but if it had been licensed under the Ms-LRL license, it would have been absolutely useless to me, because I wouldn't have access to the same computing platform as where the code had been written, and I would have been forbidden to modify it.

      Ms-RL good, Ms-LRL *BAD*. I find this choice of license names by Microsoft very confusing. Especially if you contrast it with the GNU GPL and GNU LGPL (LGPL Less restricted than GPL).

      Also, the FSF claims that these Microsoft licenses are incompatible with the GPL (which was written much earlier), so I think Microsoft did this on purpose.

      If you're interested, there was a discussion on this on the LWN site last year.

      As to the rest of your post, I don't actually understand what you mean, sorry.

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    10. Re:Shades of studpidity by 99BottlesOfBeerInMyF · · Score: 1

      That would satisfy most Slashdotters in terms of licensing To be honest, there's always a (very vocal) minority that's not going to be satisfied by anything other than auto-da-fe involving heaps of Windows CDs, and Gates and Ballmer themselves at the stake.

      True, but to make this applicable we'd have to make it burning them at the stake and them distributing the video under a create commons license. On an unrelated note, auto-da-fe is a good word. Way to build my vocabulary.

    11. Re:Shades of studpidity by SEMW · · Score: 1

      I don't believe you know what a strawman argument is. "An argument against a position that superficially resembles an opponent's actual view but is easier to refute." For instance, consider the following completely hypothetical argument:

      Person A: MS's shared source license don't provide the same benefits as true open source licenses.
      Person B: That's misleading; some of the shared source licenses, such as the MS-RL and MS-PL, do provide the same benefits, and have been certified by the OSI and FSF as doing so.
      Person A: That's not true. Consider the following situation, where the MS-LRL clearly does not provide the same benefits as the GPL.

      You see how person A has set up a straw man by implicitly misrepresenting person B's position ("x, y in X do provide the same benefits as w") through overgeneralisation ("All X provide the same benefits as w"), a position that is much easier to attack (by pointing out "z in X does not provide the same benefits as w")?

      The GP didn't mention the shared source license, the MS licenses s/he talked about were the MS-RL and the MS-LRL; Umm, both of those licenses are ones MS refers to as "shared source" licenses along with MS-PL, MS-RSL, and MS-LPL. You seem a bit misinformed. I was using "shared source" licenses to mean the ones with "shared source" in the title, such as the "Shared Source CLI, C#, and Jscript License" and the "Windows Embedded CE 6.0 Shared Source License". You're right, though, MS does seem to refer to the whole lot of them with the tern "shared source licenses" on their website. I was going by the list of licenses on the FSF's licenses page; which doesn't use that terminology. Apologies.

      If your [thanks] comment were to be applied to the former of those (& the MS-PL as well), the "people with a very superficial understanding of the benefits of OSS" would then apparently include the OSI and FSF's lawyers... I don't even understand what you're trying to say with this garbled mess. If you disagree with one of my comments, cite it and explain how you think it is wrong. To spell it out explicitly: You said "People with a very superficial understanding of the benefits of OSS would think MS's shared source license provide those same benefits". I was pointing out that both the MS-RL and the MS-PL (though not the L versions of each, for obvious reasons) had been certified by both the OSI as Open Source licenses and the FSF as Free Software licenses -- i.e. licenses which preserve the Four Freedoms. So, if only "people with a very superficial understanding of the benefits of OSS would think MS's shared source license provide those same benefits", then this would apparently include the OSI and FSF's lawyers. Clear?
      --
      What's purple and commutes? An Abelian grape.
    12. Re:Shades of studpidity by malevolentjelly · · Score: 1

      How is OSS not religious? What else drives people to work for free on it?

      Capitalism is when people trade goods and services for money (or other goods and services). Goods like intellectual property. We have a fairly free market in place. Restricting the sale of software would not be a free market. That would be a restricted market. Under capitalism, you can sell ideas. You can sell anything. That's why we call the free market "the free market".

      The only reason OSS undercuts closed source software is because it relies on free labor driven by a software cult. People work for free on OSS or for very little money because they believe in a greater good. That would make it religious.

      Once more, OSS is not better until it beats out closed source software- which it is nowhere near doing. It needs to *win* before it *wins*. Just because it isn't fair, or isn't right or is abstractly better for some reason doesn't mean anything. What matters is what is in use, what works, and what has made the most money. Microsoft is on top, thus their market strategy is good.

      All this aside, the primary point here is that Microsoft is applying the open source business model where applicable but keeping the FSF outside of a position where they can influence their model. This is fine because they have more power, talent, and money than the FSF. You don't employ a license written by an organization that's out to destroy you and you don't give away something that's more profitable sold.

      Now, as far as I care, I don't have any interest in converting you. I am not part of some inquisition. As far as I can tell, you're religious about OSS and I'm agnostic. Thus I could care less how many ad hominem attacks you drop or how many taglines about OSS being the truest form of capitalism you can muster. I'm arguing with a brick wall and I've already made my point at the top of the thread- you can just keep thinking that Microsoft will crumble or fold any day now due to good will alone whereas I'll keep thinking that nothing but hard work and money will defeat Microsoft on the market.

    13. Re:Shades of studpidity by cdw38 · · Score: 1
      Thank you for a post that actually looks at the reality of it all. Microsoft just can't win with the Slashdot crowd.

      They are typically 100% "closed" source (whatever you want to call it). For this, they are the devil incarnate.

      So, they come up with a few new licenses where people can see the source code but can't modify it or rerelease it or whatever. Surely, they didn't do this simply to please the /. crowd, but shit, they did it. And for this, they are trying to "hijack" open source. The title of this discussion says it all.

      At the end of the day, Microsoft is a publicly-held company. They are, BY LAW, obligated to serve their shareholders, first and foremost. Not RMS and his loyal followers. Not other software developers wishing they could port Office or Visual Studio to GNU/Linux, or kernel hackers wishing they could go ahead and rip (however few) good features from Windows. Not Slashdotters simply looking for a free copy of Windows. Nope, their obligation is solely to their shareholders - those people that collectively have $280 billion dollars invested in Microsoft.

    14. Re:Shades of studpidity by random0xff · · Score: 1

      MS LRL: It's bad because it forces you to use code written FOR windows on windows. So WTF is that license for if not for platform lock-in? If there's a .NET program under that license, it can't be used on Mono. Nice. I think it has nothing to do with zealotry, just common sense (and an understanding of the history of Microsoft of course).
    15. Re:Shades of studpidity by malevolentjelly · · Score: 1

      So WTF is that license for if not for platform lock-in? If there's a .NET program under that license, it can't be used on Mono. Nice. I think it has nothing to do with zealotry, just common sense (and an understanding of the history of Microsoft of course). It's for platform lock-in. That's why they drafted it. However, it provides any technical benefit having the source code might provide- chances are you're not using that Microsoft code in linux, anyway.
    16. Re:Shades of studpidity by spitzak · · Score: 1

      You are an idiot. "using the GPL" is not the same as "sign your copyright over to the FSF". Look up and study and understand "dual licensing" and "relicensing" and then try to think a little tiny bit. I know it is difficult but please try.

      The GPL is being used very well by Trolltech, for one, for the explicit purpose of selling their software. Without the GPL they would have no ability to advertise or sell their product because nobody would be able to try it. Microsoft fears this, and thus spews FUD such as "it forces you to open all your source code" and your inane rant that somehow the FSF gets to control what you do.

    17. Re:Shades of studpidity by spitzak · · Score: 1

      Here is an incorrect fact:

      "they could release their code under the GPL, but then Stallman will just draft a GPLv4 that says whoever uses the license needs to release the source code to Windows if they are called "Microsoft""

      You said that, I cut and pasted it out of your previous statement. Releasing your code under the GPL does not give Stallman control over what you can do with your code. Thus the above sentence is an incorrect statement. And you don't have the word "I think" or "I feel" anywhere near there.

      I'm sorry but you are being a making a complete ass of yourself. There are intelligent arguments against the GPL but you are not doing your side any good by being an idiot.

    18. Re:Shades of studpidity by malevolentjelly · · Score: 1

      I'm sorry but you are being a making a complete ass of yourself. There are intelligent arguments against the GPL but you are not doing your side any good by being an idiot. Although it may sound like I am being a making a complete ass of myself, I think there's just some missing context here. Although using the GPLv2 would be valid, it still puts them in a position where they are using a GNU license for Microsoft code, which simply doesn't look good to shareholders. It makes Microsoft seem subservient to GNU ideology, which the shareholder are not going to want to see. My example with the GPLv4 is out of context: I think the GPLv3 was a great example of what could happen if the FSF hijacked the license and started working avarice into the mix- it had a special anti-Novell/Microsoft addendum worked into the license itself. It ceased to be an open source license and became a means of limitation.

      If they GPL'd code and the license changed in order to try to influence the company's behavior, they would have to either stick with an old GPL or re-license. Sun had the right idea by just controlling their own license from the start with the CDDL. Microsoft is following suit with their own license. When you're a major player in the software world, you have to talk big and act big so the business world will take you seriously.
    19. Re:Shades of studpidity by malevolentjelly · · Score: 1

      You are an idiot. "using the GPL" is not the same as "sign your copyright over to the FSF". Look up and study and understand "dual licensing" and "relicensing" and then try to think a little tiny bit. I know it is difficult but please try. It's not the legal ramifications, it's about keeping up appearances and making sure that Microsoft has more influence over the direction of their licenses and the market than the FSF.

      Microsoft doesn't fear the GPL, they simply don't want to associate with. They're better off smothering it with an alternative license that has their name on it, not GNU's. This is the same reason that Microsoft pushed MS-OOXML instead of embracing ODF. ODF belongs to Sun and represents Sun's technology influence, MS-OOXML represents Microsoft's.

      Whichever company holds the licenses and the formats has the most influence over the direction that technology goes.
  36. That's not what actually happened by argent · · Score: 4, Informative

    Back in the 1980s, when Richard Stallman was the only one talking about the need for "free software," no one quite knew what he was talking about.

    Back in the 1970s lots of people were talking about he need for free software, under all kinds of names. More than that, we were doing it. The movement that RMS is given credit for starting was already well under way, all across the spectrum. You had compilers (and not just on big computers, in the 8-bit worls Small-C, Tiny-Pascal and -Basic, and Forth were published in Dr Dobbs Journal), editors, shells, UNIX emulation (the Software Tools VOS on minis and mainframes, and more modest tools on micros), the free/open/whatever-you-call-it community was already huge when he published the Gnu Manifesto in 1984.

    Before the late '70s commercial closed-source software was really the exception. It wasn't even clear how much of a future there was for proprietary code, because a software package that didn't include source meant you were locked in to the operating system you got it for. A friend of mine came up with he name "Tangible Software" to describe software that wasn't proprietary and locked down to a single OS by being distributed only in compiled format, and we even used that name for our company (don't bother googling for it, it lasted less than a year and never shipped any product... we were both undergrads at Berkeley and had no time for classes AND starting up a business). Of course what happened was that this turned into a benefit for the vendors of proprietary software... they could sell you the white album over and over again.

    The point is that what actually happened is that RMS provided a focus for what a lot of people were already doing, and tried to redirect the energy of the community his way. He succeeded, in both, to a point... but the people who didn't want to be redirected found they needed a better name. "Free Software" already meant too many things to too many people, from freeware (mostly binary (not "tangible") and some of which was crippled, and soon became 'shareware') to things like BSD- and MIT- licensed code to purely public domain stuff, even before Stallman, but he sure didn't help things.

    Now we have RMS arguing that "open source" should refer to the development model (the bazaar) rather than the license, though the OSI's definition of open source is all about the license... and Microsoft trying to hijack the mindspace with "look but don't touch" licenses (also nothing new... you used to be able to get VMS source code... on microfiche). The term's under attack from both sides, and the history of the past 30 years is being rewritten (with the best of intentions, no doubt) by all sides.

  37. Re:No One Cares About Your Opinion by MightyMartian · · Score: 1, Insightful

    Ah look, the Redmond shills are out again. To most of who know something about criminal scammers like Microsoft, one of the oldest tactics in the book is look-alike or sound-alike products. Microsoft is intentionally trying to muddy the waters this way, and you should know it, REdmond shill, as you're sent to various forums to muddy the waters a little yourself.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  38. Microsoft have realised the model works by gilesjuk · · Score: 1

    But the FOSS model only works when people are glad to put their time and effort it and have their work accessible to all, not have it hijacked and made proprietary.

  39. Not directly, but they do by paratiritis · · Score: 1
    Weeell... yes they do. Aras first: Their blogs page, full of blogs talking how this is "open", or "open source". Their media coverage page has an "Open-Source PLM" link from Desktop Engineering. Of course they don't say it outright, that would be a direct lie. But they sure look like they try to promote the misunderstunding.

    Do they capitalize on it? Well it looks like it in community page where they call for the creation of a community for Microsoft ENterprise Open Solutions", and offer registering.

    Now these are all great, for a closed source solution. And of course they are free to markwet their products in any way they like. The problen is really that they seeming implication that they have the open source credibility.

    Microsoft next: Microsoft makes almost identical licences, one open source and one not, as the quoted article says, taking the trouble to certify the open source one. They are also making it easy for someone (Aras or anyone else) to confuse the issues.

    So my assertion stands: Both big and small companies are starting to try and gain open source credibility by linking their projects to "openess", but without having to respect open source principles. And of course they do it indirectly, so it is harder to be held accountable.

  40. Open Source != FOSS by pembo13 · · Score: 1

    Quite simply.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Open Source != FOSS by master5o1 · · Score: 1

      Exactly:

      Shared Source, as described by the /. summary, is Open Source -- the explicit meaning of open source.

      FOSS is freedom to use the source that you can see.

      Shared Source is open but not free

      --
      signature is pants
    2. Re:Open Source != FOSS by Vexorian · · Score: 1

      "Open source" is not the same as readable source, I look at the dictionary and open to me seems related to "I am able to enter there" , it means no exclusions in how you use the source. When a door is open, it does not just mean you can see the door.

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  41. Irrelevant by Anonymous Coward · · Score: 1, Interesting

    Who cares what the proprietrary Microsoft/Apple beasts do? - as long as it doesn't impact real open source software.
    Personally, I wouldn't look at a single line of Microsoft written code, so as not to 'taint' any open source project I work on with anything that could be claimed to be microsoft 'Imaginary Property'
    Microsoft have missed the point here anyway.
    The whole strength of Open Source, is the right/responsibilty to redistribute enhancements. I can't see 'shared source' type licenses benefiting anyone - at all.
    At the end of the day, we already have most of the open source applications / operating systems that most users need. As long as we make things easy enough to use for ordinary users, and maintain current development momentum, the Microsoft/Apple beast will eventually fade to irrelevance.

  42. open source has specific meaning in military intel by lkcl · · Score: 2, Interesting

    use of "open source" needs to be stopped - period - for two reasons:

    1) this example license falls into the category of "open source":

        "here's some source code. you can look at it. therefore it's 'open'. isn't it pretty. if you use it or anything you learn from it, we'll sue you for everything you've got. please indicate your acceptance."

    "open source" licenses do not convey the right to make any use of the code. encouraging companies to get away with this by "opening" the source code is clearly not ok, and i would advocate that anyone faced with such a license simply not do business with such a company: the code should be "free software" or you walk away. this sends a clear message.

    2) "open source" in military intelligence communities has a very very specific meaning: it means "a source that is open". i.e. "a source - of information - that is uncontrolled". i.e. a source - e.g. a leak - which is beyond the control of an intelligence agency to stop further information from leaking out of it.

    so an "open source" is a nightmare for intelligence communities that has to be shut down at all costs.

    therefore, to use the phrase "open source" in a military environment when referring to "source code of computer programs" has nasty connotations associated with it that rings massive alarm bells.

    in all, the sooner that people stop using the phrase "open source" and correct people - repeatedly - to use the phrase "free software" the better.

  43. wrong by Anonymous Coward · · Score: 0

    Wrong. It is not open source. You can look at some code that MS claims is somehow related to the binaries you are using. But that is not any different than just flat out relying on the binaries.

    The only way it can be called open source is if the code is available for actual use. Don't fall for the crap.

  44. Re:No One Cares About Your Opinion by Trerro · · Score: 3, Interesting

    There's no question that MS is doing this specifically to confuse - especially with their "lesser" license which does precisely the opposite of what the LGPL does relative to the GPL - it locks you down more instead of less. They absolutely should be called out on that, and it's not unreasonable to demand that they make it clear exactly what they're doing.

    That being said, I really don't see the problem with that proposed scale. Public domain DOES in fact give you more freedom than open source (whether that's a good thing, and if so, when, is of course the source of a many a debate), and there are indeed levels between open and closed. Allowing your code to be viewed and audited is clearly better than purely closed source, and it means that if you claim your code is solid, you better be prepared to answer to the many coders who will confirm that.

    I'm not claiming auditable (but not modifiable) code is a substitute for open source - it most definitely is not, but it does have its place, and it's clearly an improvement from running a binary with no idea of how the codebase was done.

  45. Typical by Anonymous Coward · · Score: 0

    Only the mind of a true hater would twist this into some big conspiracy theory that Microsoft is "hijacking" open source.

  46. Re:No One Cares About Your Opinion by jedidiah · · Score: 4, Insightful

    No. This is obvious fraud and deceptive marketing.

    Anyone that's not a total sheep should be up in arms about
    it even if they are Microsoft groupies. Ultimately this is
    about the fact that Microsoft has a long history of using
    misleading trademarks and trying to hijack well established
    terms of art.

    This is by no means the first time Microsoft's done this.
    They tend to do it constantly.

    This is business as usual for Microsoft.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  47. Re:open source has specific meaning in military in by jedidiah · · Score: 1

    Well, this little debacle was kind of why the whole "open source' thing
    was thought up to begin with. It was meant to be a "kinder gentler" sort
    of Free Software that wouldn't scare off the Robber Baron wannabes. This
    sort of shenanigan is pretty much why the term was invented.

    Yes it's underhanded and nasty in the usual Microsoft style but it is
    also consistent with the design of the idea to begin with.

    It's kind of like some Microsoft bug that causes a remote root exploit. ...broken by design.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  48. Re:open source has specific meaning in military in by corcoranp · · Score: 1

    Or just combine the two terms to "Free Source" or "Open Software"...

    IMHO, "Free Source" makes more sense, but still could cause some confusion with the intel folks... and by intel I don't mean the company, I mean the intelligence communities.

    Does that make sense? and by sense, I mean the stuff most people don't have, not cents, which this is my 2...

    --
    Peter Corcoran
  49. Create a new term: Public Software by DF5JT · · Score: 1

    Free for the public to look at the source without restrictions
    Free for the public to use without restriction
    Free for the public to redistribute under the term of the licens that says it needs to be kept public
    Free for the public to modify without restrictions

    Put available software under scrutiny for each of these points and prohibit the use of this term for any software that does not meet *all* of these points.

    Problem solved for the benefit of the public.

    1. Re:Create a new term: Public Software by spitzak · · Score: 1

      The problem with the name "Public" is that it sounds too much like "public domain" which has it's own well-defined meaning.

      One person above suggested "Free Source". That sounds pretty good and not easily confused with other terms.

      Another name that seems to be catching on is "FOSS". This seems to rarely be used for anything other than code that can be reused.

      I do agree with many posters above that "open source" when not capitalized really means "you can read the source".

  50. Parsing error by HTH+NE1 · · Score: 1

    An article that details how Open Source is being hijacked by Microsoft and the sort via 'Shared Source' licenses and how Open Source licenses have become so much more confusing. Is there a way to read that sentence such that it makes grammatical sense? An article is what?
    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  51. Who cares who wrote a license,I care what it says! by SEMW · · Score: 1

    Wouldn't use any Microsoft license at all. Any tie to Microsoft is a tie they can and will exploit, a liability no one can really afford. I am, of course, pitifully unintelligent compared to you, so I'm afraid you're going to have to explain to me how exactly the fact that Microsoft is the author of a license allows them any power they would not otherwise have. If I choose to release my software under the MS Public License, the text of that license, not the author of it, determines the conditions for further distribution. And the FSF has certified it as both GPLv3-compatible and a Free software license (though, of course, your knowledge of the law must be far in excess of the FSF's lawers, so I bow to your wisdom on this).

    I don't think "Yeah, the actual text of the license may not mention Microsoft at all, but we should still have control over software released under it cos we wrote the license!" is going to impress a judge very much.
    --
    What's purple and commutes? An Abelian grape.
  52. Quick,better tell the FSF they've been hoodwinked! by SEMW · · Score: 1, Informative

    To most of who know something about criminal scammers like Microsoft, one of the oldest tactics in the book is look-alike or sound-alike products. Microsoft is intentionally trying to muddy the waters this way Absolutely. It's so bad, they even managed to trick the Free Software Foundation's own lawyers into certifying the MS-PL (for example) as Free and compatible with the GLPv3. No doubt with your vastly better knowledge of the law you can work out just how Microsoft have so slyly accomplished this; so you'd better ring Richard Stallmann quick and tell him he's been hoodwinked!
    --
    What's purple and commutes? An Abelian grape.
  53. In other News Hell is still not frozen over by celtic_hackr · · Score: 1

    Another /. article stating the obvious, incorrectly and flamboyantly. Although, it offers little new knowledge and is somewhat of a Captain Obvious venue, it is still an important thing to keep in the public eye.

    While Open Source is a poor word combination, and the author obviously really means FOSS and not Open Source, due to the, as mentioned, ambiguity of the term Open Source.

    So now the ./ers will shred this article, nit-picking technicalities of shades of meaning, rather than argue the message and meaning attempted to be delivered by the author.

    Of course, maybe I'm way off base and am reading more into the post than it deserves.

    1. Re:In other News Hell is still not frozen over by mrsteveman1 · · Score: 2, Insightful

      Even if you use FOSS instead, microsoft hasn't hijacked anything.

      Show me where Microsoft refers to anything under similar terms as free software licenses. They don't even use the word open, nor free.

  54. Like "Windows" or "Office"? by Anonymous Coward · · Score: 0

    Well, it doesn't seem to work that way, does it.

    1. Re:Like "Windows" or "Office"? by Anonymous Coward · · Score: 0

      Actually it did. The trademark for the term "open source" was rejected.

    2. Re:Like "Windows" or "Office"? by Russ+Nelson · · Score: 1

      You should have read the comment I just submitted to the grandparent of your comment, but I'd guess that your time machine must be flaking out. Errr, was flaking out. Does the past tense even APPLY when you're talking about a time machine?

      --
      Don't piss off The Angry Economist
  55. A change of words needed on that term by unity100 · · Score: 1

    if we just replace the word 'shared', and make it "Screwed Source", that would be more meaningful.

  56. Stealing their thunder by dj245 · · Score: 1

    Open source, meet shared source.
    IMAP, meet MAPI

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  57. This is called progress? by Anonymous Coward · · Score: 0

    I remember a time in my life when people openly published code and didn't feel the need to have licenses. we met together in groups and taught each other all kinds of things that could be done with a machine and we didn't need a mascot penguin to rally around. we simply enjoyed doing it.

    now any bit of published code is opened to all kinds of legal questions and these are the kinds of questions that most people can't answer to the satisfaction of novice coders who'd like to just put something out there and see what people do with it.

    my real question is, who's more at fault for this? ms or stallman?

    the open source movement is a fraud because it was a way to fence in well meaning hobbyists into becoming a bunch of lawyers who bickered and argued more over licenses than code and left a bunch of talent out on the streets who didn't want to be part of a quasi political movement. we didn't need a movement. it was forced on us by the kinds of people who thought that they knew what was best for us. normally that kind of thinking gets scowls and howls around here but it seems that fanboism trumps common sense.

  58. Microsoft's plan ... by PPH · · Score: 3, Insightful

    ... is to receive the benefits of open source (having many eyes on the code to ensure quality and lure developers) without incurring the costs (having to pay back those eyes by sharing rights to the code).


    Or, its just an attempt to satisfy some IT checklist item promoting the use of 'Open Source' within an enterprise that the PHBs will buy.

    --
    Have gnu, will travel.
  59. Re:Auditable source ... IMO: "Open" .... by OldHawk777 · · Score: 4, Interesting

    Proper Nouns are not pronouns
    Open is not open.
    Bath is not bath.
    China is not china.
    Apple is not apple.
    Mobile is not mobile.
    Windows is not windows.
    US ain't us, but is should be US not U$/M$/eU....

    "Open" should be an internationally protected market/economic trademark like Champaign, Cognac ....

    "Open" provides significant international market/product value that is being fraudulently used by companies (like microsoft) to damage the market value of "Open". L/FOSS companies need "Open" to be competitive and differentiate L/FOSS services, methods, standards, products ... from the corporatism profiteers' drive-by sales of SOSS (Same Old Shit Software) in the USA and EU pseudo-capitalism economy.

    "Open" needs to be legally protected in the global market just like Sun_sun_SUN, Java_java_Java, Windows_windows....

    IOW: To use the market trademark "Open" specific standards must be meet ... like ... source is freely editable, shareable, and available ..., just read about GPL and BSD licenses, then by consensus define how/when/... the trademark "Open" can be used. "Open" defines many varied source purposes, concepts, applying to software code, personal creative content, standards, patents, community structures, collaborations .... If this is not done, I am sure that the corporatist/plutocrats of pseudo-capitalism will bury the L/FOSS community and any other "Open" markets/sectors (Standards, Content, Music ...) in this anti-competitive corporate-welfare economy.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  60. Re:Even the PHB can understand freedom. by 99BottlesOfBeerInMyF · · Score: 1

    If your PHB is interested in software freedom, it would be easier to go GPL like everyone else than try to reinvent it or waste time talking to Microsoft about something they hate.

    The reality of the situation is, many people are likely to be evaluating software packages for adoption. MS will certainly be marketing those packages and trying to sell PHBs. What good engineers need to be able to do is explain why OSS software is better than closed source and what benefits it will bring (if any for your use cases). MS's shared source licenses have simply made this job harder by muddying the waters and making it harder to present oversimplifications. As such, it is useful for people to discuss here what the real benefits of code licensed say GPL versus MS-LRL so that when your PHB asks for an evaluation you can explain it him or her in a well thought out way. Simply telling them that MS's licenses should be ignored is not always going to be a realistic option.

  61. Re:Auditable source ... IMO: "Open" .... by Anonymous Coward · · Score: 1, Interesting

    Trademarking the word "Open"? Even in the context of software only... Good luck with that.

  62. 18 lines by Anonymous Coward · · Score: 0

    That's how long Ms-PL license is.
    ok, it might be something like bsd, but it says basically nothing.
    it is not comparable with gpl. gpl protect users, developers and distributors.

    i tag this license as "itsatrap".
    MS-PL -> http://www.microsoft.com/resources/sharedsource/licensingbasics/publiclicense.mspx

  63. Re:Auditable source ... IMO: "Open" .... by OldHawk777 · · Score: 1

    "Open" (not as in open a door) as a proper-noun expresses a specific marketing concept and cultural/social purpose for products and services.

    Microsoft uses Windows (not windows) as a trademark.

    IMO: I am confident "Open" can be trademarked by the Open market/sector community, because of the significant value added to all products and services that are truly "Open" as in GPL, Open Content, Open Standards ..., and the financially disruptive and damaging impact on people, companies, countries ... in the "Open" community caused by microsoft's and others fraudulent use of the comparatively new "Trade" term "Open" in deceitful ways for economic gain.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  64. Oh no! by Anonymous Coward · · Score: 0

    I am sure they started the shared source program because they love us.

    1. Re:Oh no! by maxwell+demon · · Score: 1

      No, they just copied the marketing from the Sirius Cybernetics Corporation.
      Share and enjoy!

      --
      The Tao of math: The numbers you can count are not the real numbers.
  65. Re:Even the PHB can understand freedom. by dedazo · · Score: 1

    waste time talking to Microsoft about something they hate

    twitter, why do you insist on attaching emotional labels to something that is a simple business matter to a corporation? You seem to use "hate" the same way the neocons use it, as in "they attack us because they hate our freedom". Do you really believe you're furthering your cause when you do this?

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  66. Re:No One Cares About Your Opinion by Allador · · Score: 2, Insightful
    Where do you get this stuff?

    If you think the term 'shared source' is confusing, then wouldnt also 'closed source' be confusing?

    Isnt it relevant that MS has plastered all over their documentation that their licenses are NOT traditional open source licenses, and that they scrupulously avoid the term 'open source' for licenses that arent OSI approved?

    Heck, lets look at their FAQ on the subject:

    http://www.microsoft.com/resources/sharedsource/initiative/faq.mspx

    Q. Is the Shared Source Initiative "Open Sourcing" Microsoft code?

    No. The term open source software (OSS) is broadly applied to any (or a combination) of four interrelated concepts: the OSS development model, OSS philosophies, OSS licensing regimes, and OSS business models. However, first and foremost, OSS is a development model built around the idea of community creation and sharing of source code. The other three concepts, and the debates surrounding them, lend further definition to the OSS movement or "culture."

    Microsoft has been learning from the OSS community regarding the benefits of deeper collaboration and increased transparency leading to better communication with customers. We believe the most effective pathway for a commercial software company is to strike a balance between investing in research and development and the release of intellectual property assets in the form of source code for both reference and collaborative purposes.

    For more information on Microsoft and open source, please visit http://www.microsoft.com/opensource. And lets look at the common acronyms of the things used:

    MS-PL, MS-RL

    Compare that to:

    GPL
    LGPL
    Apache
    BSD
    etc

    Where exactly do you see the confusion? I cant imagine any better way for MS to make them clear and unambiguous than by sticking MS- in front of them, and making sure they dont look anything like GPL or LGPL.

    It sounds to me that you're so blinded by your zealotry that any MS use of the word 'source' in any form would be perceived by you as some great evil coming to get us.

  67. Re:Quick,better tell the FSF they've been hoodwink by Allador · · Score: 1

    It's so bad, they even managed to trick the Free Software Foundation's own lawyers into certifying the MS-PL (for example) as Free and compatible with the GLPv3. Really?

    Can you cite this?

    I think what you mean to say is that they got the OSI folks to approve MS-PL and MS-RL as Open Source licenses.

    Nowhere does anything say that they are GPLv3 compatible. I'm fairly sure a trivial read of GPLv3 would show that the GPLv3 by itself would prohibit this.
  68. Re:No One Cares About Your Opinion by Allador · · Score: 1

    Up in arms about what, exactly?

    MS' use of the term 'shared source'?

    So they purposely chose a term that is different and obviously not 'open source', and have went to great lengths to make sure that no one reading about this stuff confuses them with open source.

    What exactly are we supposed to be up in arms about?

    The term 'shared source' is descriptively accurate, in that it is source that MS is sharing. The word 'shared' in no way implies to any reasonable person that it is open or free/libre.

    I really dont see the problem.

  69. I don't think so .. by rs232 · · Score: 1

    "the real reason they are exposing source is so that developers of products that compete with MS products like Word or Excel aren't at a competitive disadvantage that could result in expensive lawsuits"

    Microsoft was scared of 'Open Source' a long time before the EU ruling. And it's 'shared source' but only under the Microsoft platform.

    "OSS projects have been able to gain a foothold in many server applications because of the wide utility of highly commoditized, simple protocols. By extending these protocols and developing new protocols, we can deny OSS projects entry into the market"

    "Microsoft today announced a partnership with open source solution vendor SpikeSource to eventually certify all of SpikeSource's SpikeIgnited solutions on the Microsoft Windows platform"

    "what Microsoft really wants is to prevent defections--customers replacing some of their software with open-source alternatives"

    --
    davecb5620@gmail.com
  70. Re:No One Cares About Your Opinion by mrsteveman1 · · Score: 1

    Hijack huh...i see MS releasing source code under their own licenses, none of which even use the words open or free.

    On the other hand i see the OSI literally redefining what the word "open" means, adding terms, conditions and such to an otherwise commonly used english word.

  71. Re:Even the PHB can understand freedom. by Anonymous Coward · · Score: 0
    they waste a lot of time and energy trying to convince others to act emotionally.

    Um, you hate Microsoft and you spend a lot of time trying to convince others to act emotionally.

    you are either here to harass someone you think is twitter

    Wait, you're actually denying this is one of your sockpuppet accounts? Seriously?

  72. what exactly did GPL do to BSD? by rs232 · · Score: 1

    "How is this any different than what GPL did to BSD?"

    "Why does it appear that so many of the new and most actively developed open-source projects these days are being done under the GNU license, rather than the BSD one which proponents say is more business-friendly?"

    --
    davecb5620@gmail.com
  73. OMG! Shared Source is not Open Source! Gifs at B by Russ+Nelson · · Score: 1

    OMG! Shared Source is not Open Source! Gifs at 11! In other news, the sun rose today and water ran downhill.

    I'm sorry, but this is SUCH a stupid article.

    --
    Don't piss off The Angry Economist
  74. Withdrew, I believe by Anonymous Coward · · Score: 0

    n/t

  75. Re:No One Cares About Your Opinion by Russ+Nelson · · Score: 1

    There's no question that MS is doing this specifically to confuse Actually, there is. Shared Source came about because Microsoft wanted to distribute source code for *some* of their products to *some* of their customers under *some* conditions (mostly, non-commercial). Obviously not Open Source. Trouble is that their customers started asking for Open Source licenses, so they created the Ms-PL and Ms-Rl. But they weren't approved by OSI and Microsoft couldn't call them Open Source without infringing our trademark. Thus, they put them in their Shared Source program.

    Unfortunately, that created problems later when they decided to get them approved. They now have to re-brand these licenses as Open Source, which will take a while.
    --
    Don't piss off The Angry Economist
  76. Re:Quick,better tell the FSF they've been hoodwink by Russ+Nelson · · Score: 1
    --
    Don't piss off The Angry Economist
  77. That's funny by Anonymous Coward · · Score: 0
    you think is twitter

    The sound you hear in the background is that of a thousand Slashdot readers laughing and shaking their heads.

  78. Re:open source has specific meaning in military in by mrsteveman1 · · Score: 1

    ""open source" licenses do not convey the right to make any use of the code. encouraging companies to get away with this by "opening" the source code is clearly not ok"

    Your assertion that people will revolt against opening of source code unless they are permitted to do whatever they want with it is absurd. Most people (yes I'm making that assertion, most) value transparency of code for security and stability reasons way more than they value the ability to take software and do whatever you want with it.

  79. Re:No One Cares About Your Opinion by Russ+Nelson · · Score: 1

    We're literally defining what "Open Source" means. Open means whatever the hell you want it to mean. But Open Source means what we say it means (and you can feel free to disagree but you'll be holding the wrong end of the manure fork).

    --
    Don't piss off The Angry Economist
  80. Re:Quick,better tell the FSF they've been hoodwink by SEMW · · Score: 2, Informative

    Really? Can you cite this? A minute's thought should convince you that the only reliable source for such a claim would be the FSF's own list of licenses. And sure enough, a quarter of the way down the page:

    Microsoft Public License (Ms-PL)

    This is a free software license, compatible with version 3 of the GNU GPL.
    --
    What's purple and commutes? An Abelian grape.
  81. How? by Anonymous Coward · · Score: 0

    IBM: making money.

    Sun: making money.

    Red Hat: Making money (despite CentOS).

    If you're going to say "not all are threatened" or "they could have made more money without GPL", then MS is a threat to anyone who wants to sell software: Do it MS way or get locked out. And if you're too successful, MS will take your stuff.

    1. Re:How? by drsmithy · · Score: 1

      If you're going to say "not all are threatened" or "they could have made more money without GPL", [...]

      None of them sell software, they sell software tied to services.

  82. Re:Quick,better tell the FSF they've been hoodwink by Allador · · Score: 1

    My bad, I had never seen of nor heard of that.

    Thanks for the correction.

    Frankly I'm surprised ... but I guess that speaks to 'open-ness' of the MS-PL.

  83. Re:No One Cares About Your Opinion by mrsteveman1 · · Score: 1

    Open has a dictionary definition, so no it doesn't mean whatever i want it to mean.

    Open source then must at least be somewhat related to what "open" means in the first place. Yet i see all these additional terms and conditions placed on the term Open Source by the OSI, things that have nothing to do with being "open" but are in reality licensing terms and rights.

  84. Re:Quick,better tell the FSF they've been hoodwink by Allador · · Score: 1

    My bad, I had never seen of nor heard of that.

    Thanks for the correction.

    Frankly I'm surprised ... but I guess that speaks to 'open-ness' of the MS-PL.

  85. Re:open source has specific meaning in military in by Russ+Nelson · · Score: 1

    the sooner that people stop using the phrase "open source" and correct people - repeatedly - to use the phrase "free software" the better. You lost that battle at least nine years ago. A more worthy goal would be to get people to again call computer technologists "hackers" and people who break into computers "criminals".
    --
    Don't piss off The Angry Economist
  86. Re:Auditable source ... IMO: "Open" .... by PCM2 · · Score: 1

    IMO: I am confident "Open" can be trademarked by the Open market/sector community, because of the significant value added to all products and services that are truly "Open" as in GPL, Open Content, Open Standards I doubt it. What about:
    • OpenType fonts
    • Apple's OpenDoc
    • Apple's Open Transport
    • HP OpenView
    ...to say nothing of the paradox/hypocrisy of an industry group owning intellectual property as a way of making sure it remains more open.
    --
    Breakfast served all day!
  87. Re:Auditable source ... IMO: "Open" .... by unjedai · · Score: 1

    "Windows" is "windows" when it's capitalized as the first word of the sentence, but it's not Windows(TM)

  88. which is why by sentientbrendan · · Score: 1

    "In other words, "shared source" is not open source, and shouldn't be confused with it."

    which is why it's called... shared source and not open source.

    OMG microsoft has set us up the bombs! Oh noes!

    God... nerds.

  89. Re:No One Cares About Your Opinion by spitzak · · Score: 1

    The problem is that Microsoft then goes on to talk plenty about how *some* of the "shared source" licenses are approved by the OSI, and how *some* of them are very much like the GPL or BSD licenses. But that "some" is usually made very tiny and disappears after awhile, so that the end result is that it sounds like *everything* called "shared source" is the same as Open Source, when in fact that most stuff that term is used on is *NOT* open source.

  90. Trademark status is more complicated than that by Bruce+Perens · · Score: 2, Interesting
    Before you accuse other folks on Slashdot of being ignorant, it is a trademark. It is not a registered trademark. This is (IMO) due to a lawyer suggesting that they abandon the mark when they could have gone through with the registration. The lawyer blames me for the way I filed the initial registration, but OSI had no lawyers when it started, and no money, and the other two registrations I filed at that time went through ("Debian", and "Technocrat"). OSI also abandoned the application for "OSI Certified Open Source" too (check uspto.gov) so they don't seem to have any valid trademarks.

    I got a trademark on "Technocrat", which is descriptive.

    Now, defending some of these marks might have taken more money than they had back then. Had they gone through with the registration, they might well have been able to defend the marks now.

    Bruce

  91. Please stop the historical revisionism by Bruce+Perens · · Score: 4, Insightful
    Look, I'm sorry it annoys you. But the day I published the Open Source Definition, Open Source acquired a specific meaning which stands to this day. Eric Raymond and I took the authority to do that. What gave us the right? We chose to lead, and some Millions of people have followed. Today they use "Open Source" as in the definition.

    It's a trademark too. Just not a registered one, because that got botched.

    Can't you do something more constructive and work on hacker? The abuse of that to mean computer criminal is much more bothersome.

    Bruce

    1. Re:Please stop the historical revisionism by Anonymous Coward · · Score: 0

      haha, if you and your internet kook pals actually tried to defend this "trademark" you would get plowed and you know it (or should)

    2. Re:Please stop the historical revisionism by drinkypoo · · Score: 1

      It's a trademark too. Just not a registered one, because that got botched.

      Given that it is being used all over the world, in contravention of your desired meaning, and this use predates your botched trademark application, I'd say that referring to the phrase "Open Source" as your trademark is disingenuous in the extreme - or at the least, exceptionally deluded.

      Given this situation your disingenuous attempts to describe "Open Source" as a trademark are just that. I personally see them as necessary to your legal stance that the phrase belongs to you, of course; if you admit in public that you actually railroaded the definition for your own aggrandizement then you lose both credibility and the legal argument that you have acted in good faith and the belief that you have some reasonable claim to the phrase. But you and I both know that there is substantial room for argument over the potential ability to even register a trademark on the phrase for any purpose at this point or any future point.

      Can't you do something more constructive and work on hacker? The abuse of that to mean computer criminal is much more bothersome.

      Trying to stop someone from abusing a term, or trying to stop a term from being abused... six of one, half a dozen of the other there.

      This ongoing discussion which is anything but one-sided (and I have to say, the comments give "my" side more support now than when your beloved OSI announced its intent to crack down on people who "misuse" a trademark that does not belong to it) proves the point that the discussion over whether you do indeed have the right. Who cares if some millions follow "you and Eric Raymond" if some more millions don't, and billions more couldn't care less?

      I also occasionally educate someone on the meaning of the term "hacker" but let's face it, eyes glaze over long before the end of those conversations. This is a conversation by and for geeks.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  92. Re:No One Cares About Your Opinion by spitzak · · Score: 1

    And lets look at the common acronyms of the things used:

    MS-PL, MS-RL I notice you did not list the MS-RSL (which was listed on the exact same faq page as your quote about OSS you cut & pasted, although they seem to have obfuscated it a bit by not listing the abbreviation so it was harder to read). You also don't list the MS-LPL and the MS-LRL.

    These three are the ones being complained about (also the approximately 60 other liceneses that they also call "shared source", but to their credit they are trying to phase out and cut down to only the five listed here).

    That fact that you blatently ignored the licenses that everybody is arguing about leads me to believe you are a shill.

  93. Dinkypoo by Bruce+Perens · · Score: 1

    It is the same one every time, isn't it? So, to clarify, Open Source is any source code that is published, according to the DinkyPoo Initiative. Membership including... uh, I'd better not get nasty about it - even if that is tempting, I try to maintain a certain tone. But there aren't very many of them.

  94. Official? by Bruce+Perens · · Score: 1
    I created the official definition of Open Source. I was part of OSI at the time. What made it official? After all, I was just a guy in a cubicle at Pixar, and I actually wrote it for Debian. OSI came along 10 months later. What makes it official is that people, organizations, businesses all followed. Governments followed. They still do.

    Bruce

  95. 4F Certified by g8orade · · Score: 1

    If it's not 4F software, it's pricey software.
    Four Freedoms. 4F.

    If it's not 4F, you lose.

  96. Fools by Anonymous Coward · · Score: 0

    If Ms wants to open there code and not let anyone modify (fix) it let them. All thats going to do is birth more vicious exploits that MicroCrap users have to wait until Service Pack 18 for them to be fixed.

  97. stupidity by Tom · · Score: 1

    I've always considered it dumb to play with MS.

    Yes, we have ideals of freedom and sharing and all. It is still stupid to allow someone in who you know is hostile and who has a long track record of fucking over former business partners. It is just dumb.

    --
    Assorted stuff I do sometimes: Lemuria.org
  98. Re:Auditable source ... IMO: "Open" .... by IntlHarvester · · Score: 1

    While you wouldn't be able to trademark "Open", there is an organization called "The Open Group" and they'll gladly publish your open standards if you pay them.

    --
    Business. Numbers. Money. People. Computer World.
  99. The smell of patents by janwedekind · · Score: 1

    The Ms-PL (and also the other license) are an interesting read. Nearly half of the text is about software patents. First it says:

    Patent Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to ... its contribution in the software or derivative works of the contribution in the software. Sounds nice. This is an assertion not to get sued over software patents. Let's check section 3. Among other things it says there:

    If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically. Sounds reasonable. If I sue Microsoft, they should be able to assert their patents against me as well. But then section 3 says:

    If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software. This text does not make sense as part of an OSI approved license. While trying to solve problems caused by software patents the license requires me to spread the patent FUD at the same time.

    Let's play out this license in a different setting. What happens if I contribute and Microsoft or a third party like SCO or Novell sues me? In this case the license allows me to withdraw my software patents. But I don't have any software patents! LOL

    There is an article about Ms-PL and patents on Oreillynet.com which confirms my concerns. Furthermore the article points out that only contributors have these rights. If you are a user of the software, the license doesn't offer you protection against software patents at all. Well. I certainly prefer the GPL which allows me to withdraw my contribution if patent claims are made by Microsoft or a third party.

  100. that's a fiction by nguy · · Score: 1

    The OSI did not invent the term "Open Source".

    That's irrelevant. For terms, it's not the person who "invents" the term that gets to define it, it's the person who manages to convince others to use it in a particular sense. OSI was clearly the first organization to establish a widely adopted meaning for the term "open source" with respect to software (it also has an intelligence meaning).

    Short form: The OSI should not be allowed to define what "Open Source" means any more than McDonalds should be allowed to define what "Hamburger" means.

    That's because the term "hamburger" was in widespread usage before McDonald's started to use it. But McDonald's probably owns the trademark "big mac", even though that term was used occasionally before for various things. That's because McDonald's put that term in widespread commercial usage.

  101. Re:Well... by Descalzo · · Score: 1

    That's not fair. The guy was using an accepted turn of phrase (whatever THAT means) to say something that EVERYBODY understands. He has big problems with his thinking? Fine. Be satisfied to refute that.

    --
    I cried real tears when Li Mu Bai died.
  102. Re:Well... by ScentCone · · Score: 1

    You know, I'm normally not a grammar nazi... but that's just one of those ones that reflects an actual cognitive disconnect. It's not said ironically, it's generally actually meant to convey that there is nothing one could care less about. It's the least important thing on your mind. What would be the point of saying you COULD care less? How much less? It's a completely pointless thing to say, makes no sense at all. And yet, people utter those sounds, minus an important part of it, because they've heard someone else say something similar. It betrays the person's poor communication skills, and suggests that they are particularly prone to group mimickry without actually giving any thought to what they're saying. I think it IS fair to extrapolate - especially in the context of a Microsoft bash - a fair amount about someone's motivations and the way in which they interact with their culture... from how they do or don't choose the words they use.

    --
    Don't disappoint your bird dog. Go to the range.
  103. Re:Even the PHB can understand freedom. by dedazo · · Score: 1

    I'm using hate in the "cancer", "communist", "unamerican

    No, you're using hate exactly the way it's mean to be used, as an emotional argument that you think will rally people to think the way you do. You are using it because you are intellectually incapable of looking at those issues as what they really are. Or you simply don't care to, because it's inconvenient to the jihad.

    You don't care about software freedom

    And have you stopped beating your wife?

    so you are either here to harass someone you think is twitter

    Haha, good one.

    or you are here to defend Microsoft

    From lies and fabrications? I'd defend Symantec, IBM, Canonical, RedHat and the easter bunny. Especially the easter bunny.

    What a waste of my time.

    I was thinking the same thing, but from a slightly different angle, which involves sockpuppets and apparently copious amounts of free time, or some sort of reward. Not going too well, that sockpuppet thing is it?

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  104. Re:Auditable source ... IMO: "Open" .... by dangitman · · Score: 1

    No. Microsoft has "Microsoft Windows" as a trademark. It does not own any trademark on the word "Windows" alone.

    --
    ... and then they built the supercollider.
  105. Re:No One Cares About Your Opinion by Allador · · Score: 1
    I'm not sure what you mean by:

    licenses that everybody is arguing about The discussion is about whether MS is trying to (or doing so) create market confusion by making their various source-viewable licenses sound similar to open source licenses.

    Whether you pick MS-LPL or MS-PL or MS-RSL is irrelevant.

    No reasonable human being would confuse these with GPL or LGPL. I mean heck, they all have a giant MS- stuck in front of them.

    And if anyone is so unfamiliar with English language that they cannot distinguish 'shared source' from 'open source' then they are not a reasonable person to be in a decision making role for software acquisition.

    Even when reading the license text directly, the MS licenses are simple and clear. They're fairly similar to many other licenses out there, but with the patent poison-pill business, which is very reasonable for a commercial company to use at this point in legal history in the US.
  106. Re:No One Cares About Your Opinion by spitzak · · Score: 1

    How do you change "MS-PL" to "MS-LPL"? You add an "L". And the result is a MORE restrictive license.

    How do you change "GPL" to "LGPL"? You add an "L". And the result is a LESS restrictive license.

    Are you seriously claiming that this is not purposly done by Microsoft to confuse things? I'm sorry, I don't believe you.

    And you still didn't address the fact that you are ignoring the MS-LPL, MS-LRL, and MS-RSL, as well as several other licenses that they call "shared source".

  107. Re:No One Cares About Your Opinion by Allador · · Score: 1

    How do you change "GPL" to "LGPL"? You add an "L". And the result is a LESS restrictive license. Heh. RMS might disagree with you there, I think he would probably call it less free, not less restrictive.

    Are you seriously claiming that this is not purposly done by Microsoft to confuse things? I'm sorry, I don't believe you. So your entire argument is based on the fact that MS uses an 'L' modifier on some of their licenses, which sorta kinda maybe looks a little bit similar to the GPL/LGPL variants?

    Thats quite a stretch. Given your viewpoint, I'm surprised you werent here ranting when MPL was released, that it looks too much like GPL. Or CDDL. Or CPL. Or EPL. Or ECL. Or APL. Or OSL. Or QPL. Or LPL. All of these are OSI categorized licenses that look alot like the GPL, and by your definitions, must be trying to confuse the market with their marks.

    Oh wait, maybe its just an industry norm to abbreviate licenses this way. Sure is a lot of prior art in the area.

    As to what some employees at MS may or may not intend with these license names are impossible to know, but ultimately irrelevant.

    No reasonable human being would confuse MS-PL, MS-LPL, or MS-RL with GPL or LGPL. It just isnt going to happen.

    No reasonable human being would confuse one of the restricted licenses like MS-RSL with an open source (as used by OSI) license/software.

    And you still didn't address the fact that you are ignoring the MS-LPL, MS-LRL, and MS-RSL, as well as several other licenses that they call "shared source". I'm not sure in what way I'm 'ignoring' them, given that we're sitting here talking about them. It's trivial to go look at the license text on microsoft.com and see what they are.

    The 'Limited' versions of MS-PL and MS-RL restrict the use to just windows. It's not that complicated.

    The MS-RSL is a 'view-only' license, and they're quite clear about that here.

    The Microsoft Reference Source License (Ms-RSL) is the most restrictive of the Microsoft source code licenses. The license prohibits all use of source code other than the viewing of the code for reference purposes. The intent of this license is to enable licensors to release, for review purposes only, more sensitive intellectual property assets. So given how easy it is to understand what those licenses you mention are, I'm not sure what your complaint is.

    Are you complaining that there are restrictive licenses used by Microsoft at all? Or that they all use acronyms and therefore may be confusing (to who?). Or are you suggesting that MS-RSL, MS-LPL, or MS-LRL are too similar to LGPL and GPL to be understandable by a reasonable person?

    If the latter, who are these people you're dealing with that cant differentiate between words with different letters?

  108. Re:Auditable source ... IMO: "Open Mu*sic" .... by OldHawk777 · · Score: 1

    "Open Linux", "Open GNU", Open Gnome, Open Gimp, Open Mu*sic, Open Co*ntent ....

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  109. Re:Auditable source ... IMO: "Open Linux/KDE" .... by OldHawk777 · · Score: 1

    "Open A*rt" ...

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  110. Re:Auditable source ... IMO: "Open Mu*sic" .... by OldHawk777 · · Score: 1

    Also, check M$ website for their defined usage of "Windows" as a trademark ... they do ....

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  111. Re:Auditable source ... IMO: "Open" .... by OldHawk777 · · Score: 1

    Check M$ website for their defined usage of "Windows" as a trademark ... they do .... I agree, Windows is windows in a court of law, but M$ does ownership-spin on the word "Windows" as a trademark (I think from my reading on their website) ... go check.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  112. Re:Auditable source ... IMO: "Open" .... by OldHawk777 · · Score: 1

    Yes, and when did all this creative use of the word"Open" start ... not with any of their creative B$.

    M$, Apple, HP, Sun, IBM ... all use "Open" for marketing B$ purposes, because it provides market value created by the global "Open Community" reputation. The theft of "Open *" for proprietary/closed purposes and monetary gain has been going on for over a decade now. How much of Java is open (some or all) how long will it take for IBM to do more than "Open lip-service" before they start supporting "Open Technologies/Software" across all their software products.

    "Open *" reputation and market value is under continuous covert assault by all the old-iron (1920...60s/70s) technology companies. If they cannot own it, then they must brake it, before the inevitable brakes them (i.e. Big US and Little Japan Auto Industry 1973, Big IBM and Little Apple ...).

    Advertising is frequently seen for all the proprietary/closed DMCA/RIAA/M$... products, but "Open *" is seldom seen in public media/news; However, still the growth of "Open *" and the capitalist economic value is growing every year. The old-iron companies are again killing themselves like the dinosaurs.

    My main concern is that they love feeding off "Open *" like zombies. The old-iron companies need to be reborn or beheaded/burned and buried, before then do any further harm to capitalism with corporate-welfare legal protections and handouts.

    Corporate-welfare recipients are ruining US!

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?